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 Tennessee Short Sale Affidavit of Buyer is an essential document used in real estate transactions when purchasing a property that is undergoing a short sale in the state of Tennessee. This affidavit is a legally binding statement made by the buyer, affirming certain conditions and responsibilities they agree to in the short sale process. In a Tennessee short sale, the property is sold for an amount less than the outstanding mortgage balance. The affidavit serves as a means to protect the seller, lender, and buyer by ensuring that all parties are aware of the terms and conditions of the sale. The Tennessee Short Sale Affidavit of Buyer typically includes the following key elements: 1. Identification: The affidavit starts by identifying the buyer, including their full name, address, contact information, and social security number. 2. Acknowledgment of Short Sale Status: The buyer acknowledges that they are purchasing the property as a short sale transaction, understanding that it may take longer to reach closing due to the involvement of the mortgage lender. 3. Inspection and Acceptance of Property: The buyer confirms that they have inspected the property and accept it in its current condition, understanding that the seller is not responsible for any repairs or modifications. 4. Contingencies and Financing: The buyer specifies any contingencies attached to the offer, such as obtaining mortgage financing or successfully completing a home inspection within a specified timeframe. 5. Hardship Assistance: If the buyer is receiving any type of hardship assistance, such as a down payment or closing cost assistance, it needs to be disclosed in this affidavit. 6. Lender Approval: The buyer understands that the short sale transaction is subject to the approval of the lender(s) involved, and they agree to cooperate throughout the process. 7. Timelines and Closing Terms: The affidavit may outline specific timelines for the buyer's responsibilities, such as submitting necessary documentation and depositing earnest money. It may also contain details about the closing date, location, and any special conditions agreed upon. Different types or versions of the Tennessee Short Sale Affidavit of Buyer may exist based on specific requirements set by individual lenders or legal entities involved in the transaction. However, the key content remains generally consistent across variations. It is essential for buyers and sellers involved in a Tennessee short sale to carefully review and understand the Short Sale Affidavit of Buyer before signing it. Seeking legal advice or assistance from a real estate professional experienced in short sales is highly recommended ensuring one's rights and responsibilities are properly protected throughout the process.
The Tennessee Short Sale Affidavit of Buyer is an essential document used in real estate transactions when purchasing a property that is undergoing a short sale in the state of Tennessee. This affidavit is a legally binding statement made by the buyer, affirming certain conditions and responsibilities they agree to in the short sale process. In a Tennessee short sale, the property is sold for an amount less than the outstanding mortgage balance. The affidavit serves as a means to protect the seller, lender, and buyer by ensuring that all parties are aware of the terms and conditions of the sale. The Tennessee Short Sale Affidavit of Buyer typically includes the following key elements: 1. Identification: The affidavit starts by identifying the buyer, including their full name, address, contact information, and social security number. 2. Acknowledgment of Short Sale Status: The buyer acknowledges that they are purchasing the property as a short sale transaction, understanding that it may take longer to reach closing due to the involvement of the mortgage lender. 3. Inspection and Acceptance of Property: The buyer confirms that they have inspected the property and accept it in its current condition, understanding that the seller is not responsible for any repairs or modifications. 4. Contingencies and Financing: The buyer specifies any contingencies attached to the offer, such as obtaining mortgage financing or successfully completing a home inspection within a specified timeframe. 5. Hardship Assistance: If the buyer is receiving any type of hardship assistance, such as a down payment or closing cost assistance, it needs to be disclosed in this affidavit. 6. Lender Approval: The buyer understands that the short sale transaction is subject to the approval of the lender(s) involved, and they agree to cooperate throughout the process. 7. Timelines and Closing Terms: The affidavit may outline specific timelines for the buyer's responsibilities, such as submitting necessary documentation and depositing earnest money. It may also contain details about the closing date, location, and any special conditions agreed upon. Different types or versions of the Tennessee Short Sale Affidavit of Buyer may exist based on specific requirements set by individual lenders or legal entities involved in the transaction. However, the key content remains generally consistent across variations. It is essential for buyers and sellers involved in a Tennessee short sale to carefully review and understand the Short Sale Affidavit of Buyer before signing it. Seeking legal advice or assistance from a real estate professional experienced in short sales is highly recommended ensuring one's rights and responsibilities are properly protected throughout the process.
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.