Short Sale Affidavit of Seller

State:
Multi-State
Control #:
US-2838SB
Format:
Word; 
Rich Text
Instant download

Description

In real estate, a short sale occurs when a bank or mortgage lender agrees to discount a loan balance due to an economic hardship on the part of the mortgagor (i.e., the seller). Circumstances determine whether or not banks will discount a loan balance. Th

A Short Sale Affidavit of Seller is a document that a seller of a property must sign in order to confirm that the sale of the property is a short sale. The affidavit must be signed by the seller to attest to the fact that the sale price of the property is less than the outstanding debt on the property. It also confirms that the seller has no other assets or resources to pay the debt. There are three different types of Short Sale Affidavit of Seller: 1. Short Sale Affidavit of Seller for Bankruptcy: This affidavit is used when the seller has filed for bankruptcy and is selling the property to settle the debt. 2. Short Sale Affidavit of Seller for Financial Hardship: This affidavit is used when the seller is selling the property due to financial hardship. 3. Short Sale Affidavit of Seller for Tax Purposes: This affidavit is used when the seller is selling the property for tax purposes.

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FAQ

As with any home purchase, the first step is getting approved. While it's always beneficial for buyers to obtain an initial approval before making an offer, it's even more important in a short sale, as the lender will want to ensure that the new buyer is actually capable of purchasing the short sale property.

In a non-arm's length transaction, there is a preexisting relationship between the buyer and the seller. In an arm's length transaction, there is no preexisting relationship between the buyer and the seller. If your parents sell you their old beater car, that's a non-arm's length transaction.

Documents Required for a Short Sale Package An Executed Listing Agreement. Fully Executed Purchase Contract. Seller's Hardship Letter. Authorization Letter. Last Two Bank Statements. Tax Returns and Wage Documentation. A Closing Disclosure.

A short sale is when a mortgage lender agrees to accept a mortgage payoff amount less than what is owed in order to facilitate a sale of the property by a financially distressed owner. The lender forgives the remaining balance of the loan.

An arm's-length transaction is a transaction between parties who are unrelated and unaffiliated by family, marriage, or commercial enterprise. The servicer may allow the borrower, purchaser, and all parties involved to sign individually on separate copies of the short sale affidavit.

An example of an arm's length transaction is a home buyer and a stranger who's selling a house. Each is offering what the other wants, but neither has any obligation to the other. Without having a previous relationship, both parties can try to reach a deal that serves them equally.

Two people, or entities, are said to be dealing at arm's length with each other if they are independent, and one does not have undue influence over the other.

Ing to The Dictionary of Real Estate Appraisal, 6th Edition, an arm's length sale is defined as, ?A transaction between unrelated parties who are each acting in his or her own best interest.? Remember that market value is based on the buyers and sellers being typically motivated, well informed, and acting in

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Short Sale Affidavit of Seller