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Old 05-08-2009, 08:01 PM
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Join Date: May 2009
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Will I Be Liable


What is the name of your state (only U.S. law)? Texas
I live in a mobile home park and have a mortgage on my home. I need to move in a month and am going to try to sell the home outright. In the event that I can't I have looked into a voluntary surrender, which I know is actually a reposession or possibly a shortsale. I have been given conflicting information by my mortgage company and by a realty company that buys and sells homes in the same park. My mortgage company said that in both a short sale or a reposession if there is a monetary deficiency I will be responsible to pay that amount and that they can garnish my wages if I don't pay. It will also be reported to IRS on a 1099 form and I will have to pay taxes on it. The realty company said that because the mobile home isn't considered "real" property but is chatel, I will not be responsible to pay the deficiency if I surrender the home. They also said that if there is a short sale and the mortgage company accepts the offer then any deficiency is wiped out as there is a new owner.

I really need to get good and correct information here. I can't afford rent on an apartment and then have to pay on a mortgage for a home that I no longer live in. I greatly appreciate any help/suggestions/information.What is the name of your state (only U.S. law)?
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