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BOA's new short sale addendum

By
Industry Observer

A couple weeks ago, I wrote about an alert sent to me by Nash Law Firm in which a required addendum from Wells Fargo creates a fiduciary duty of both listing and selling agents to the bank.  Yesterday I received an update that indicates Wells is backing off from their position, sort of.  Read the update here:  UPDATE ON WELLS FARGO

It seems that Wells claims the required short sale addendum is no longer being used.  According to Nash, however, the Wells staff has not yet gotten the message.  Bank of America has a similar addendum, and they have not indicated that they plan on withdrawing it, says Nash.  The document looks like a mine field of exposure for real estate brokers and agents on either side of the transaction.  Take a look:  BOA ANNOTATED SHORT SALE ADDENDUM

I don't know if banks are deliberately trying to sabotage short sales by making unreasonable demands, but it sure seems that way sometimes.  My future discussions with potential buyer clients will include my position on whether I will sign an addendum making me party to the transaction.

Posted by

 Mike Carlier  Lakeville, MN

 

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