Did you know, that Undisclosed Payment in a Short Sale Transaction May be Illegal?
By Endre Barath, Jr., Realtor - Los Angeles Home Sales 310.486.1002
(Berkshire Hathaway HomeServices California Properties)
Did you know that undisclosed payments in a Short Sale Transaction may be illegal? According to The California Association of Realtors undisclosed, specifically those payments that are paid outside of Escrow may violate the Law. In particular it could be a violation of RESPA, or it could be considered Lender Fraud and a violation of licensing laws just to name a few. An example they site is, when a Short sale Seller's Senior Lender authorizes a payment to eliminate a junior lien. This would seem OK, but then the junior lender demands that the buyer pays an additional Dollar Amount outside of escrow. This is a Risky scenario for the Buyer, but to conceal this additional payment from a federally-insured senior lender may constitute lender fraud. My question is would you want your buyer ...