Actually we are starting to see cases of what were originally classified as recourse loans indeed not going against the borrower. Some courts have found negligience (perhaps rightfully so) with the lending institutions. Furthermore don’t think for a moment that policy cannot change. If you think that these policies are indeed static you are sadly mistaken. Finally most all short sales now involve more then one mortgage. In these cases the second lien holder is usually out of luck and they know it and they release the lien without a formal note from the seller.
