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.
Contra Costa California Short Sale or Arms Length Affidavit is a legal document used in real estate transactions involving short sales. This affidavit is specifically designed to verify that the property sale is an arms-length transaction, meaning that the buyer and seller have no pre-existing relationship and are not coordinating the sale to defraud the lender. The Contra Costa California Short Sale or Arms Length Affidavit typically includes the following information: 1. Parties Involved: It identifies the buyer, seller, and lender involved in the short sale transaction. It specifies their names, contact details, and roles in the sale. 2. Property Details: It provides a detailed description of the property, including its address, legal description, parcel number, and any additional relevant information to identify it accurately. 3. Arms Length Transaction Affirmation: The affidavit explicitly states that the buyer and seller have no familial, business, or financial relationship that could impact the sale price or terms of the transaction. This clause ensures that the sale is conducted fairly and in compliance with lending guidelines. 4. Statement of Truth: The affidavit contains a declaration from both the buyer and seller, affirming that all the information provided in the document is true and accurate to their knowledge. 5. Compliance with Regulations: The affidavit states that both parties involved agree to adhere to all applicable laws, regulations, and guidelines regarding short sale transactions. This includes complying with the terms and conditions set by the lender. 6. List of Additional Documents: The affidavit often includes a list of additional documents that may need to be provided to support the arms-length transaction, such as financial disclosures, appraisals, purchase agreements, and any other relevant paperwork. It's important to note that there may not be different types of Contra Costa California Short Sale or Arms Length Affidavits, as the basic purpose and content remain the same across different transactions. However, the specific requirements and formatting of the affidavit may vary depending on the lender or any additional contractual agreements. It is advisable to consult with a real estate professional or legal expert for further information on any potential variations.Contra Costa California Short Sale or Arms Length Affidavit is a legal document used in real estate transactions involving short sales. This affidavit is specifically designed to verify that the property sale is an arms-length transaction, meaning that the buyer and seller have no pre-existing relationship and are not coordinating the sale to defraud the lender. The Contra Costa California Short Sale or Arms Length Affidavit typically includes the following information: 1. Parties Involved: It identifies the buyer, seller, and lender involved in the short sale transaction. It specifies their names, contact details, and roles in the sale. 2. Property Details: It provides a detailed description of the property, including its address, legal description, parcel number, and any additional relevant information to identify it accurately. 3. Arms Length Transaction Affirmation: The affidavit explicitly states that the buyer and seller have no familial, business, or financial relationship that could impact the sale price or terms of the transaction. This clause ensures that the sale is conducted fairly and in compliance with lending guidelines. 4. Statement of Truth: The affidavit contains a declaration from both the buyer and seller, affirming that all the information provided in the document is true and accurate to their knowledge. 5. Compliance with Regulations: The affidavit states that both parties involved agree to adhere to all applicable laws, regulations, and guidelines regarding short sale transactions. This includes complying with the terms and conditions set by the lender. 6. List of Additional Documents: The affidavit often includes a list of additional documents that may need to be provided to support the arms-length transaction, such as financial disclosures, appraisals, purchase agreements, and any other relevant paperwork. It's important to note that there may not be different types of Contra Costa California Short Sale or Arms Length Affidavits, as the basic purpose and content remain the same across different transactions. However, the specific requirements and formatting of the affidavit may vary depending on the lender or any additional contractual agreements. It is advisable to consult with a real estate professional or legal expert for further information on any potential variations.
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.
