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. These circumstances are usually related to the current real estate market climate and the individual borrower's financial situation. A short sale typically is executed to prevent a home foreclosure. Often a bank will choose to allow a short sale if they believe that it will result in a smaller financial loss than foreclosing.
An arms-length or short sale affidavit is a document created by a bank in an attempt to prevent sellers from selling to relatives or friends to act as a straw buyer. Sometimes sellers make such side agreements. Then, after the transaction closes, the pretend buyers quickly transfer title back to the seller. This practice, in affect, means the sellers have repurchased their home at maybe half the cost, which greatly benefits those sellers.
The Oklahoma Short Sale Affidavit of Buyer is a crucial document used during the process of purchasing a property through a short sale in Oklahoma. A short sale occurs when a homeowner sells their property for an amount that is less than the outstanding mortgage balance. This document provides essential information about the buyer's intentions and confirms their understanding of the short sale process. The Oklahoma Short Sale Affidavit of Buyer typically includes the following key details: 1. Buyer Information: The affidavit begins by requiring the buyer's personal information, such as their full name, contact details, and address. This information helps in establishing the buyer's identity and ensures their legal participation in the short sale process. 2. Property Details: The document asks for the property's address, legal description, and tax identification number. These details ensure that the buyer and the lender are on the same page regarding the specific property involved in the short sale. 3. Purchase Intentions: The buyer must declare their intent to purchase the property, acknowledging that they are aware of the short sale nature of the transaction. By signing the affidavit, the buyer confirms their understanding that the property is being sold below the mortgage balance and agrees to abide by the terms and conditions associated with the short sale. 4. Financial Capacity: The affidavit may require the buyer to disclose their financial capacity to complete the transaction successfully. This includes providing information about their income, assets, and ability to secure financing to complete the purchase. The buyer may also be required to submit supporting documents, such as bank statements or loan pre-approval letters. 5. Good Faith: The buyer confirms that they are acting in good faith and not engaging in any fraudulent activities or hidden agreements. This clause helps to protect the seller and the lender from any potential wrongdoing that may occur during the short sale process. 6. Buyer's Representations: The affidavit often includes a section where the buyer makes certain representations about their understanding of the short sale process and their willingness to cooperate with the seller, the lender, and any involved agents or attorneys. While the general framework of the Oklahoma Short Sale Affidavit of Buyer remains consistent, there may be variations or additional clauses specific to different short sale transactions. However, the core purpose is to provide a legally binding document that captures the buyer's commitment, understanding, and compliance with the short sale process. Some potential variations or types of the Oklahoma Short Sale Affidavit of Buyer may include a specific form for residential properties, commercial properties, or even agricultural properties. These variations typically account for the unique elements and considerations involved in each property type and may include additional provisions relevant to the specific transaction.
The Oklahoma Short Sale Affidavit of Buyer is a crucial document used during the process of purchasing a property through a short sale in Oklahoma. A short sale occurs when a homeowner sells their property for an amount that is less than the outstanding mortgage balance. This document provides essential information about the buyer's intentions and confirms their understanding of the short sale process. The Oklahoma Short Sale Affidavit of Buyer typically includes the following key details: 1. Buyer Information: The affidavit begins by requiring the buyer's personal information, such as their full name, contact details, and address. This information helps in establishing the buyer's identity and ensures their legal participation in the short sale process. 2. Property Details: The document asks for the property's address, legal description, and tax identification number. These details ensure that the buyer and the lender are on the same page regarding the specific property involved in the short sale. 3. Purchase Intentions: The buyer must declare their intent to purchase the property, acknowledging that they are aware of the short sale nature of the transaction. By signing the affidavit, the buyer confirms their understanding that the property is being sold below the mortgage balance and agrees to abide by the terms and conditions associated with the short sale. 4. Financial Capacity: The affidavit may require the buyer to disclose their financial capacity to complete the transaction successfully. This includes providing information about their income, assets, and ability to secure financing to complete the purchase. The buyer may also be required to submit supporting documents, such as bank statements or loan pre-approval letters. 5. Good Faith: The buyer confirms that they are acting in good faith and not engaging in any fraudulent activities or hidden agreements. This clause helps to protect the seller and the lender from any potential wrongdoing that may occur during the short sale process. 6. Buyer's Representations: The affidavit often includes a section where the buyer makes certain representations about their understanding of the short sale process and their willingness to cooperate with the seller, the lender, and any involved agents or attorneys. While the general framework of the Oklahoma Short Sale Affidavit of Buyer remains consistent, there may be variations or additional clauses specific to different short sale transactions. However, the core purpose is to provide a legally binding document that captures the buyer's commitment, understanding, and compliance with the short sale process. Some potential variations or types of the Oklahoma Short Sale Affidavit of Buyer may include a specific form for residential properties, commercial properties, or even agricultural properties. These variations typically account for the unique elements and considerations involved in each property type and may include additional provisions relevant to the specific transaction.
Para su conveniencia, debajo del texto en español le brindamos la versión completa de este formulario en inglés.
For your convenience, the complete English version of this form is attached below the Spanish version.