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.
Mecklenburg County is located in the state of North Carolina and is home to the vibrant city of Charlotte. When it comes to real estate transactions, specifically Short Sale or Arms Length Affidavits, there are no specific types unique to Mecklenburg County. However, it is crucial to understand the concept and purpose of these affidavits in order to navigate real estate transactions effectively. A Short Sale Affidavit is a legal document often used in real estate transactions where the homeowner is unable to pay their mortgage. It is usually required by the lending institution or the lien holder in order to initiate the short sale process. The affidavit typically outlines the homeowner's financial situation, property details, and reasons why a short sale is the best solution for all parties involved. This document helps establish transparency and provides the necessary information for the lender to make an informed decision regarding the short sale. On the other hand, an Arms Length Affidavit is required during real estate transactions when there is a personal relationship between the buyer and seller, such as family members or business partners. This affidavit ensures that there is no conflict of interest or collusion between the involved parties, aiming to maintain a fair and unbiased transaction. It attests that the buyer and seller have no hidden agreements or shared interests influencing the terms of the property sale. In Mecklenburg County, as in any other location, it is essential to consult a knowledgeable real estate professional or attorney to ensure the proper execution and submission of these affidavits. By providing a fully completed and accurate affidavit, buyers and sellers can facilitate the smooth processing of their short sale or arms length transaction while complying with legal requirements.Mecklenburg County is located in the state of North Carolina and is home to the vibrant city of Charlotte. When it comes to real estate transactions, specifically Short Sale or Arms Length Affidavits, there are no specific types unique to Mecklenburg County. However, it is crucial to understand the concept and purpose of these affidavits in order to navigate real estate transactions effectively. A Short Sale Affidavit is a legal document often used in real estate transactions where the homeowner is unable to pay their mortgage. It is usually required by the lending institution or the lien holder in order to initiate the short sale process. The affidavit typically outlines the homeowner's financial situation, property details, and reasons why a short sale is the best solution for all parties involved. This document helps establish transparency and provides the necessary information for the lender to make an informed decision regarding the short sale. On the other hand, an Arms Length Affidavit is required during real estate transactions when there is a personal relationship between the buyer and seller, such as family members or business partners. This affidavit ensures that there is no conflict of interest or collusion between the involved parties, aiming to maintain a fair and unbiased transaction. It attests that the buyer and seller have no hidden agreements or shared interests influencing the terms of the property sale. In Mecklenburg County, as in any other location, it is essential to consult a knowledgeable real estate professional or attorney to ensure the proper execution and submission of these affidavits. By providing a fully completed and accurate affidavit, buyers and sellers can facilitate the smooth processing of their short sale or arms length transaction while complying with legal requirements.
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.
