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Short Sale Addendum to Contract for the Purchase and Sale of Real Estate

State:
Multi-State
Control #:
US-1612SB
Format:
Word; 
Rich Text
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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. Th

A Short Sale Addendum to Contract for the Purchase and Sale of Real Estate is a legal document that is added to a real estate purchase agreement in order to provide additional information regarding the short sale of the property. A short sale is when a seller agrees to sell a home for less than what is owed to the lender. This document outlines the specific terms of the short sale and the parties involved, including the buyer, seller, and lender. It typically includes information about the sale price, any additional costs associated with the transaction, and the timeframe for completion. There are two types of Short Sale Addendum to Contract for the Purchase and Sale of Real Estate: a buyer-initiated addendum and a lender-initiated addendum. A buyer-initiated addendum outlines the terms and conditions of a short sale agreement as agreed upon between the buyer and the seller, including the agreed-upon purchase price, the timeframe for completion, and any other relevant details. A lender-initiated addendum is a document created by the lender that outlines the terms of the short sale and any additional requirements that must be met in order for the transaction to be completed. This document may also include a repayment plan or other options for the seller to pay back the balance of the loan.

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FAQ

A short sale addendum is added to a purchase agreement when a property's selling price won't pay off the seller's outstanding mortgage balance. The form creates a special condition that requires the seller's mortgage lender to approve the transaction before the sale can be completed.

As used in this Addendum, ?Seller's net proceeds? means the Sales Price less Seller's Expenses under Paragraph 12 of the contract and Seller's obligation to pay any brokerage fees.

Description: This Addendum is used if the Buyers will be unable to buy the new property unless their existing property is sold and closed.

A standard short sale addendum generally addresses a number of items that are specific and unique to the agreement of sale. These may include: An acknowledgement that the transaction is a short sale, and that as such there are additional third parties that have an interest in the property being sold.

If there is more than one lienholder or loan secured by the Property, this Addendum applies to each lienholder. The form of this addendum has been approved by the Texas Real Estate Commission for use only with similarly approved or promulgated forms of contracts.

What's the purpose of the TREC-approved Short Sale Addendum? To create provisions related to the lienholder's consent to the sale.

How to Write The Parties. The addendum should mention the names of the parties (buyer and seller) in the existing agreement.Original Purchase Agreement. To connect the addendum to the original agreement, the date of the existing contract and the property address must be included.Additional Terms or Amendments.Execution.

More info

A short sale addendum is intended for a seller of real estate that owes more money on the property than it's worth. ADDENDUM TO CONTRACT CONCERNING THE PROPERTY AT. (Street Address and City).A. This contract involves a "short sale" of the Property. A standard short sale addendum generally addresses a number of items that are specific and unique to the agreement of sale. Form-of-the-week: Purchase Agreement with Short Sale Contingency – Form 150-1 and 274. Selecting the right purchase agreement. "Short Sale", meaning that the purchase price set forth in the Contract is less than the amount(s) owed to third parties having an interest in the Real Estate. The short sale addendum is put into practice when selling a property for less than what is owed on the mortgage. A short sale addendum is when the seller of the real estate owes more money on the property than what it's worth. The short sale purchase agreement – boilerplate agreement or as an addendum.

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Short Sale Addendum to Contract for the Purchase and Sale of Real Estate