Short Sale Negotiation Services

Transcription

1 Sea 2 Sky Capital, LLC - Services Contract Short Sale Negotiation Services Sea 2 Sky Capital, LLC will provide short sale negotiation services for: Lag# (Agent) Sea 2 Sky Capital will begin work when advised of listing by the Agent and the required short sael documents have been submitted by the Seller. Sea 2 Sky Capital will be paid a minimum of one percent (1%) of the final gross sales price of the subject property for payment of the short sale negotiation services provided, paid from the proceeds of the sale. Sea 2 Sky Capital will always attempt to gain approval from the lienholders to have the 1% fee paid from the sales proceeds, however if not successful, Agent is responsible for payment of the fee and will include the 1% fee in the Commission Disbursement Form submitted to Escrow. If Agent chooses to require the Buyer and/or Buyer s Agent to pay for all or a part of this fee the responsibility for payment of the fee remains with the Agent. Special Instructions: Suggested Agent Remarks: o We know short sales and get results. Call SS negotiator Lucy McKie with Sea 2 Sky Capital for SS details North Sound Escrow Stacy Bradshaw stacy@northsoundescrow.com Recommended terms to require in the PSA are attached as a sample Counteroffer Addendum. Sea 2 Sky Capital, LLC By: Its: Date: Listing Agent: By: Its: Date:

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3 Sea 2 Sky Capital, LLC Required Documents Date: Homeowner Name: Property Address: Required documents for all properties: From Listing Agent: Services Contract Purchase & Sale Agreement Listing Agreement Preliminary Title report (or order number) From Seller: Contact Information Property Information Affidavit of Understanding Authorization to Release Information (leave Designated Agents lines blank) Hardship Letter (letter explaining your situation, with signature and date) Borrower Financial Statement (form attached) Personal Budget Worksheet (attached) Copy of recent mortgage statements for all lenders Past two year s tax returns* Past two month s paystubs* Past two month s checking account statements* ( online printout must have owner s name ) * If the borrower(s) do not have any of these items, a signed and dated brief letter explaining why must be included

4 Sea 2 Sky Capital, LLC Contact Information Seller / Homeowner Information: Borrower Name: Co-Borrower Name: Home Phone: Fax: Cell Phone: Other Phone: Addresses: Property Information: Property Address: City: State: Zip: Primary Residence Address: (if different) City: State: Zip: Property Status: Owner Occupied / Vacant / Rental Has seller/borrower received a Notice of Trustee Sale? Yes/No Trustee Name: Trustee Sale #: Sale Date: ( if in less than 30 days, contact us before proceeding) Have utilities been turned off? Yes / No Estimated unpaid balance on utilities in 120 days Estimated unpaid Homeowners Association Dues: Dues currently paid through (month/year) Have homeowners had any judgments filed against them since buying the home? Yes / No If yes, Judgment in favor of? Amount? Lender Information: (add additional loans/liens on separate page) 1 st Lender: Loan # Principal Balance: Arrears: 2 nd Lender: Loan # Principal Balance: Arrears:

5 Sea 2 Sky Capital, LLC Property Information Please provide the current status of the following components of the home - be critical : Roof : Age Ever Leaked? Moss on roof? Faded or missing shingles? Exterior paint/siding: LP? Siding condition Paint faded, chipping? Water stains? Mold/dark patches? Gutters clean? Landscaping: Overgrown? Weeds? Steep grade? Fenced? Condition of Fence? Neighborhood: Clean? Stored Items in Front of homes? What is the least attractive part of your neighborhood? Interior Paint: Kitchen: Floors: Chipped? Dirty? Updated Colors? Age of appliances? When was it last remodeled? Carpets worn and dirty? Hardwoods scuffed? Vinyl torn? Tiles chipped/ Grout dirty? Bathrooms: Windows: Updated last? Water damage from tub/shower/toilet? Aluminum, Vinyl or wood wrapped? Any mold around edges? Fogged glass? Systems: Furnace Age? Inspected/Serviced Last? Working well? Hot Water Heater age? Working well? Air Conditioner age? Working well? Septic or Sewer? If Septic, last inspected? Working well? Please add any deferred maintenance items not mentioned above:

6 Sea 2 Sky Capital, LLC Affidavit of Understanding THIS IS AN IMPORTANT LEGAL DOCUMENT CONCERNING THE SALE OF YOUR HOUSE AND SHOULD BE READ CAREFULLY. IF YOU HAVE ANY QUESTIONS, CONTACT AN ATTORNEY BEFORE SIGNING. THIS IS AN IMPORTANT LEGAL CONTRACT AND COULD RESULT IN THE LOSS OF YOUR HOME. By signing this document you agree to the following (initial before each paragraph): I am currently in default on my loan(s) and am unable to make up my back payments or continue making further payments. I reasonably believe that I have NO equity in this property I understand that my mortgage holder(s), even after agreeing to a short sale may require that the difference between the original balance and the negotiated balance be paid by me and hold me personally liable for such payment. Should the mortgage holder(s) not require payment of the difference, such act may constitute a taxable event. I acknowledge being advised to contact a tax professional relating to the potential taxable consequences. I further understand that if the lender(s) accepts a short sale, this may or may not relieve me of my personal responsibility for the loan and may affect my credit score. I understand that Sea 2 Sky Capital, LLC will attempt to negotiate a short sale with some or all of the owners of the liens on the Property. Sea 2 Sky Capital, LLC has not made me any promises, guarantees or representations about its ability to complete this task. I understand fully and completely that, if Sea 2 Sky Capital, LLC is not able to negotiate the short sale with the lender(s), the lender(s) may proceed with foreclosure. I agree to waive any rights I may have to any prepaid or escrowed property taxes, insurance, homeowner s association dues, county property tax refunds or other amounts held by any party in escrow, including, but not limited to lenders, homeowner s associations and insurance companies. I have had the opportunity to seek legal, tax and financial counsel as to the implications of this transaction. I understand that this document does not define or explain my rights or options, and I have had the opportunity to seek legal, financial, tax or other professional counsel to weigh my options, my rights and the legal consequences of this transaction. I understand that Sea 2 Sky Capital, LLC is not acting on my behalf as counselor, advisor, consultant or non-profit agency. I HAVE COMPLETELY READ THIS AFFIDAVIT BEFORE SIGNING IT AND I AGREE TO THE FACTS AND CONDITIONS CONTAINED HEREIN. _ SELLER SIGNATURE SELLER SIGNATURE Property Address: Sellers Address: City, State, Zip: City, State, Zip: STATE OF COUNTY OF On this day of,, before me, the undersigned, a Notary Public in and for said State, personally appeared and known to me, or proved to me on the basis of satisfactory evidence to be the person whose name is subscribed to the within instrument and acknowledged to me that he/she executed the same in his/her authorized capacity, and that by his/her signature on the instrument the person, or the entity upon behalf of which the person acted, executed the instrument. WITNESS my hand and official seal. Notary Public My Commission Expires: (SEAL)

7 Sea 2 Sky Capital, LLC Hardship Letter Template Points to Cover in Your Hardship Letter To Whom it May Concern, 1. Explain with some detail what happened. Explain why you can t make your mortgage payments. For example, I got sick I lost my job Death in the family Job transfer Spouse/partner left 2. Explain that you intended to pay. I wanted to live here forever. I fully intended to make everything work. It just didn t work out. 3. Describe anything major that needs to be repaired in the house (roof, plumbing, electrical, foundation) 4. Ask for the lender s help. I want to sell my house and get my debt paid off. Please work with this buyer and Sea 2 Sky Capital, LLC and help the sale happen. I am totally out of money and don t want to see the house foreclosed. 5. Thank the lender. Thank you so much for considering helping me. God bless you. 6. Sign and date the letter.

8 AUTHORIZATION TO RELEASE INFORMATION Sea 2 Sky Capital, LLC (S2SC) NE 151 st St Duvall, WA Office Cell Fax lucy@sea2skycapital.com I/We hereby authorize the Lenders identified below to discuss my short sale request with the individual representatives of S2SC that I have identified below as my Designated Agent(s). Further, the Lender(s) below are hereby authorized to negotiate the terms of the short sale with my Designated Agent and to deliver documents to my Designated Agent. This authorization will remain in effect until I specifically notify the Lender(s) in writing that this Authorization is of no further force and effect. It is understood that a photocopy or fax of this form will also serve as authorization. My Designated Agent(s) Are: 1. Lucy McKie 2. Stacy Bradshaw of North Sound Escrow 3. PROPERTY ADDRESS: 1ST LENDER: ACCOUNT NUMBER: 2ND LENDER: ACCOUNT NUMBER: BORROWER NAME SIGNATURE CO-BORROWER NAME SIGNATURE SOCIAL SECURITY# SOCIAL SECURITY # DATE DATE

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10 Freddie Mac Loan Number Form 1126 Borrower Financial Information BORROWER S NAME BORROWER CO-BORROWER S NAME CO-BORROWER SOCIAL SECURITY NUMBER DATE OF BIRTH SOCIAL SECURITY NUMBER DATE OF BIRTH HOME PHONE NUMBER WITH AREA CODE (BEST TIME TO CALL) HOME PHONE NUMBER WITH AREA CODE (BEST TIME TO CALL) WORK PHONE NUMBER WITH AREA CODE (BEST TIME TO CALL) WORK PHONE NUMBER WITH AREA CODE (BEST TIME TO CALL) CELL PHONE NUMBER WITH AREA CODE (BEST TIME TO CALL) CELL PHONE NUMBER WITH AREA CODE (BEST TIME TO CALL) MAILING ADDRESS PROPERTY ADDRESS (IF SAME AS MAILING ADDRESS, JUST WRITE SAME) ADDRESS Number of Dependants: Do you occupy the property? Yes No Is the property listed for sale? Yes No If yes, please provide a copy of the listing agreement. Agent s Name: Agent s Phone Number: Agent s Do you receive, and pay, the Real Estate Tax bill on your home or does your lender pay it for you? I do Lender does Are the taxes current? Yes No If you pay it, please provide a copy of your tax statement. Is it rental property? Yes No Is it leased? Yes No If you have a lease agreement, please provide a copy. Have you contacted a credit-counseling agency for help? Yes If yes, please complete counselor contact information below. Counselor s Name: Counselor s Phone Number: Counselor s Do you pay for a hazard insurance policy? Yes Is the policy current? Yes No If you pay it, please provide a copy of the policy. Have you filed for bankruptcy? Yes No If yes: Chapter 7 Chapter 13 Filing Date: Has your bankruptcy been discharged? Yes No If yes, please provide a copy of the discharge order signed by the court. INVOLUNTARY INABILITY TO PAY I (We),, am/are requesting that the Federal Home Loan Mortgage Corporation (Freddie Mac) review my/our financial situation to determine if I/we qualify for a workout option. I am having difficulty making my monthly payment because of financial difficulties created by (Please check all that apply): Abandonment of Property Excessive Obligations Military Service Other Business Failure Fraud Payment Adjustment Casualty Loss Illness in Family Payment Dispute Curtailment of Income Illness of Mortgagor Property Problems Death in Family Inability to Rent Property Title Problems Death of Mortgagor Incarceration Transferring Property Distant Employment Transfer Marital Difficulties Unemployment I believe that my situation is: Short term (under 6 months) Long term (over 6 months) Permanent I want to: Keep the Property Sell the Property Please provide a detailed explanation of the hardship on a separate sheet of paper. If there are additional Liens/Mortgages or Judgments on this property, please name the person(s), company or firm and their respective telephone numbers. $ Lien Holder s Name Balance / Interest Rate Phone Number (WITH AREA CODE) $ Lien Holder s Name Balance / Interest Rate Phone Number (WITH AREA CODE) No No Before mailing, make sure you have signed and dated the form and attached appropriate documentation. Volume 2 Single-Family Seller/Servicer Guide Page F Bulletin /19/07

11 EMPLOYMENT BORROWER- EMPLOYER S ADDRESS & PHONE # HOW LONG? CO-BORROWER- EMPLOYER S ADDRESS & PHONE # HOW LONG? Monthly Income - Borrower Monthly Income - Co-Borrower Gross Wages / Frequency of Pay $ Gross Wages / Frequency of Pay $ Unemployment Income $ Unemployment Income $ Child Support / Alimony* $ Child Support / Alimony* $ Disability Income/ SSI $ Disability Income/ SSI $ Rents Received $ Rents Received $ Other $ Other $ Less: Federal and State Tax, FICA $ Less: Federal and State Tax, FICA $ Less: Other Deductions (401K, etc.) $ Less: Other Deductions (401K, etc.) $ Commissions, bonus and self-employed income $ Commissions, bonus and self-employed income $ * * * * * A L L I N C O M E N E E D S T O B E D O C U M E N T E D * * * * * * Paystub must be most recent date with year to date information. Total (Net income) $ Total (Net income) $ Monthly Expenses Assets Mortgages / Liens $ Type Estimated Value Auto Loan(s) $ Checking Account(s) $ Auto Expenses / Insurance $ Saving / Money Market $ Credit Cards / Installment Loan(s) (total minimum payment for both per month) $ Stocks / Bonds / CDs $ Health Insurance (not withheld from pay) $ IRA / Keogh Accounts $ Medical (Co-pays and Rx) $ 401k / ESPO Accounts $ Child Care / Support / Alimony $ Home $ Food / Spending Money $ Other Real Estate # $ Water / Sewer / Utilities / Phone $ Cars # $ HOA/Condo Fees/Property Maintenance $ Life Insurance (Whole Life not Term) $ Life Insurance Payments (not withheld from pay) $ Other $ Total $ Total $ * Alimony, child support or separate maintenance income need not be revealed if the Borrower or Co-borrower does not choose to have it considered for repaying this loan. I agree as follows: My lender may discuss, obtain and share information about my mortgage and personal financial situation with third parties such as purchasers, real estate brokers, insurers, financial institutions, creditors and credit bureaus. Discussions and negotiations of a possible foreclosure alternative will not constitute a waiver of or defense to my lender s right to commence or continue any foreclosure or other collection action, and an alternative to foreclosure will be provided only if an agreement has been approved in writing by my lender. The information herein is an accurate statement of my financial status. I consent to being contacted concerning my Mortgage at any cellular or mobile telephone number I may have. This includes text messages and telephone calls to my cellular or mobile telephone. Submitted this day of, 20 By Signature of Borrower By Signature of Co-Borrower Before mailing, make sure you have signed and dated the form and attached appropriate documentation. Volume 2 Single-Family Seller/Servicer Guide Page F Bulletin /19/07