Short Sale or Arms Length Affidavit

State:
Multi-State
Control #:
US-02758BG
Format:
Word; 
Rich Text
Instant download

Description

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.

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FAQ

It references the property address, names of the sellers, buyers, agents, and the fact that it is an arm's-length transaction. No party to the short sale contract is a family member, business associate, or a person who shares a business interest with the seller.

An Executed Listing Agreement. Fully Executed Purchase Contract. Seller's Hardship Letter. Authorization Letter. Last Two Bank Statements. Tax Returns and Wage Documentation. A Closing Disclosure.

Based off of studies and experiences from the short sale processing company Universal Short Sales, the average time a short sale takes to close is 2-5 months. However, a short sale that is not professionally processed can take up to 6-12 months.

An arm's length transaction refers to a business deal in which buyers and sellers act independently without one party influencing the other.

This Short Sale Affidavit (Affidavit) is given by the Seller(s), Buyer(s), Agent(s), and Facilitator to the Servicer and the Investor of the mortgage loan secured by the Property (Mortgage) in consideration for the mutual and respective benefits to be derived from the short sale of the Property.

Qualifications for a Short Sale The home's market value has dropped: Hard comparable sales must substantiate that the home is valued at less than the unpaid balance due to the lender.The mortgage is in or near default status: In the past, lenders would not consider a short sale if the payments were up-to-date.

When you make an offer to buy a short-sale listing, the sellers must accept your offer, forming an actual, binding contract, before it can be submitted to the bank for review and approval (or not).So, yes, you can withdraw your contract on this short sale and move on to another property.

Short Sale Laws There's no actual law against short selling your home to a relative, but even so you could end up breaking the law. If you've short sold your home and your lender suspects collusion between you and the buyer it could sue you for damages or claim criminal fraud.

Once an offer is received and signed, I send it to the bank, along with the seller's short sale package and a prepared HUD. From that point to the time of short sale approval, the average timeline is about 60 to 90 days.

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Short Sale or Arms Length Affidavit