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short sale, title five
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March 25, 2009, in Buying

HI, I live in Massachusetts, I am in the process of purchasing a short sale home. I made an offer and this was accepted by the bank. We were aware of the failed septic system in the home.

We made an offer to the bank and this was accepted.

I have spoken to my lender who said that a septic design must be in place an approved by the town for them to lend me the money. I understand this process.

My question is, my lender was surprised that this house can be sold with a failed septic and that the current owners are not required to have this repaired.

Has anyone has any experience with short sales and title five?

thanks

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Joel Nelson    March 29, 2009

It sounds like the lack of understanding is a result of your lender's lack of familiarity with a short sale. It sounds like they are assuming that a short sale is no different than a typical real estate transaction, but in reality the house is sold "as-is".

Under a typical transaction the seller would be obligated to address the septic issue, but with a short sale, the seller has no money available for that.

Evidently, you are convinced the house is priced right even taking the cost of the new septic system into consideration. You didn't mention an appraisal issue so the only problem appears to be the lenders lack of understanding, which is simply because they don't handle short sales, they handle mortgages.

If you are convinced the property is a good value, you're confident in your cost estimates in relation to the new septic, and your lender will move forward with your mortgage, you should be OK.


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