Nevada  |  Credit and Debt Law

Legal Question

Asked on: 3/09/11, 11:28 am

I am a mortgage originator. My client has an unpaid charge-off on his credit report. He voluntarily surrendered a motor home to the lender, a Nevada credit union. The charge off is about $12K and it represents the difference between the proceeds from liquidating the motor home and the remaining loan balance (and sundry fees). Our underwriter will not require this unpaid charge-off to be paid if I can demonstrate that the deficiency balance "...poses no threat to Fannie Mae's first mortgage lien". My client's attorney (who's since moved away) told him that credit unions (at least in the state of Nevada) have no recourse in this situation (unless my client chooses to contact the credit union). So I need to either 1) prove that a Nevada credit union cannot pursue a deficiency judgment or 2) prove that any deficiency judgment would be subordinate to our new first mortgage. Any thoughts? Thank you!

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