Short Sales And Subject Tos

skidoddle profile photo

I am just starting back up in this stuff after 10 yrs from doing things like this.

But can the Senior people here read this CA code and tell me why short and subject tos are not illigal in CA per this CA code??? That is in the foreclosure time frame.

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SKI

Comments(1)

  • skidoddle19th July, 2003

    It will not let me post the URL so I will state the CA code.....CIVIL CODE
    SECTION 1695-1695.17

    Here is the main first part......

    1695. (a) The Legislature finds and declares that homeowners whose
    residences are in foreclosure have been subjected to fraud,
    deception, and unfair dealing by home equity purchasers. The recent
    rapid escalation of home values, particularly in the urban areas, has
    resulted in a significant increase in home equities which are
    usually the greatest financial asset held by the homeowners of this
    state. During the time period between the commencement of
    foreclosure proceedings and the scheduled foreclosure sale date,
    homeowners in financial distress, especially the poor, elderly, and
    financially unsophisticated, are vulnerable to the importunities of
    equity purchasers who induce homeowners to sell their homes for a
    small fraction of their fair market values through the use of schemes
    which often involve oral and written misrepresentations, deceit,
    intimidation, and other unreasonable commercial practices.
    (b) The Legislature declares that it is the express policy of the
    state to preserve and guard the precious asset of home equity, and
    the social as well as the economic value of homeownership.
    (c) The Legislature further finds that equity purchasers have a
    significant impact upon the economy and well-being of this state and
    its local communities, and therefore the provisions of this chapter
    are necessary to promote the public welfare.
    (d) The intent and purposes of this chapter are the following:
    (1) To provide each homeowner with information necessary to make
    an informed and intelligent decision regarding the sale of his or her
    home to an equity purchaser; to require that the sales agreement be
    expressed in writing; to safeguard the public against deceit and
    financial hardship; to insure, foster, and encourage fair dealing in
    the sale and purchase of homes in foreclosure; to prohibit
    representations that tend to mislead; to prohibit or restrict unfair
    contract terms; to afford homeowners a reasonable and meaningful
    opportunity to rescind sales to equity purchasers; and to preserve
    and protect home equities for the homeowners of this state.
    (2) This chapter shall be liberally construed to effectuate this
    intent and to achieve these purposes.

    It seems folks if you are doing short sales and subject tos it is illegal!!!

    Howard

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