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답변일
3/27/2012 4:28:47 PM
“작년(2011년) 12월에 파산신청 Discharge가 돼였고 금년(2012년) 3월에 1차, 2차 은행 동의후 집을 Short Sale하였습니다. Loan이 1차 2차 있엇는대 알기로는 1차는 세금보고시 체무탕감으로 세금과세에서 제외된다고 들엇습니다만 2차의경우는 어떻게 되는지요?”------> A short sale is difficult enough if you only have one mortgage.But you can do a short sale with two mortgages, sometimes. A short sale with two mortgages is more difficult. If the same lender has both mortgages, then it might be easier to negotiate a short sale with the second mortgage.If not, there are two possibilities. You could offer the second mortgage holder, Citi Bank, a bit of cash in return for canceling the loan. Get the settlement in writing so they agree to not go after you and also so they agree to report favorably to the credit bureaus.Or, you could sign a note for a partial amount of the second mortgage, in return for settlement. The note would be unsecured and the Citi Bank would have something that you would be paying on instead of nothing.Because if they do not allow you to do a short sale, the second mortgage will often be wiped out today in the foreclosure sale. The problem for you is that the second mortgage holder can come after you in court if they do not exercise their foreclosure rights. By signing a note (for part of the balance that you negotiate with them) you are helping yourself by making a short sale possible, and helping them because they are getting something instead of nothing.
