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  1. #1
    Join Date
    Jul 2010

    Default Virginia Forclosure Law

    My question involves a foreclosure in the State of: Ohio

    I am just out of a divorce. I was awarded exclusive rights to the home but it was ordered to be sold and is currently being forclosed on. Its a VA loan.

    Problems: The ex is the Certificate VA holder, not me. He is listed as the primary on the loan and I'm secondary. The ex filed bankruptcy (I'm not included) and listed the house and was discharged 08/08. There was no reafformation on the house. At the time, I had him quick claim the house into my name to prevent him from coming into it. I have been unable to list the house because I could not get him to cooperate on the loan papers.

    I just want out of the house. I attempted to do deed in lieu, but I have to have the house on the market for 90 days per the bank.

    My main question is this, will I be held responsible for any deficiet if I happen to get lucky and get a bid with a short sale? It was discharged only from a bankruptcy that he filed. If so, what is the statue of limitations on this?

    I'm very confused and overwhelmed with this whole process. I dont understand why the bank would even agree to a short sale if they can get all their money from the VA.

  2. #2
    Join Date
    Sep 2005
    Behind a Desk

    Default Re: Virginia Forclosure Law

    If the bank agrees to a short sale, it would normally be part of their consent that they are waiving any deficiency.

    If the bank expects to "get all their money from the VA", I am skeptical that they'll agree to a short sale.

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