Here it is! The 2012 version of the much despised short sale addendum from Freddie Mac!  As reported in several preceding articles, thanks to the American Land Title Association and others, the "sting" of being liable for any other party's misdeeds in a short sale transaction has been more or less alleviated.

Strangely, it is still called an addendum, not an affidavit, and refers to an affidavit, which in fact is the addendum. Go figure......

The new form has a new paragraph 14 along with other subtle changes, but the end effect is that it is clear that you know what you know and what you don't know won't come back to haunt you.  There is a provisio - turning a deaf ear or a blind eye to information you would have otherwise known is false or fraudulent will not be an excuse - that is still negilence on the part of the signor.

Interestingly, this form has grown in just 6 months from 12 paragraphs to 14 paragraphs, one paragraph at a time.  Will we see 15 paragraphs anytime soon?

Here is the new form and it can be compared to the previous form by going to my previous article: Freddie Mac Short Sale Addendum - Item #13 - I DON'T THINK SO!!

 

Copyright 2012 Richard P. Zaretsky, Esq.

 

Be sure to contact your own attorney for your state laws, and always consult your own attorney on any legal decision you need to make. This article is for information purposes and is not specific advice to any one reader. Richard Zaretsky, Esq., RICHARD P. ZARETSKY P.A. ATTORNEYS AT LAW, 1655 PALM BEACH LAKES BLVD, SUITE 900, WEST PALM BEACH, FLORIDA 33401, PHONE 561 689 6660 RPZ99@Florida-Counsel.com  - FLORIDA BAR BOARD CERTIFIED IN REAL ESTATE LAW - We assist Brokers and Sellers with Short Sales and Modifications and Consult with Brokers and Sellers Nationwide! Shortsales@Florida-Counsel.com  Website www.Florida-Counsel.com.  

 

See our easy to understand articles at:

 

TABLE OF CONTENTS - SHORT SALE AND LOAN MODIFICATION ARTICLES

 

 
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8 Comments on HERE IT IS - THE FIXED FREDDIE MAC SHORT SALE AFFIDAVIT

JAN
11
2012
543,094 Points 13 Featured Posts Outside Blog Called Shot Master

Richard, it is interesting that the Real Estate Agents actually become a Party to the Transaction.  Am I interpreting that correctly?

11:29pm • #1
201,526 Points 7 Featured Posts Attended Rain Camp Called Shot Master

I bookmarked your site to study this and your other articles more, Short Sales are not uncomplicated, making agents a part of this agreement is very interesting!!!  HUMMMM

11:40pm • #2
334,330 Points Outside Blog

Yep, it looks familiar!  I think this is the latest one that I have as well.

11:55pm • #3
JAN
12
2012
180,831 Points 52 Featured Posts Outside Blog Hit Router Attended Rain Camp

Yes Fred, the agent is a party to the agreement.  One of the corrections made in agreement with ALTA and NAR was that the agent is not supposed to be a party to the contract.  The previous version of the Freddie Mac Short Sale Addendum did make them a party to the contract.  I don't see how clearly this distinction has been made in this "new" version.  I still think is should not be called an Addendum for starters.....

12:02am • #4
876,142 Points 204 Featured Posts Outside Blog Attended Rain Camp Called Shot Master

Always good to see your posts. very informative stuff, Richard.

12:23am • #5
1,417,173 Points 28 Featured Posts Hit Router Called Shot Master

It looks pretty cut and dried to me.  But, I've seen some home owners and buyers think they are legal eagles and think they can find loopholes.  

6:55am • #6
234,908 Points Outside Blog Attended Rain Camp Called Shot Master

Richard -- Thank you for keeping us up-to-date on this important information.  We need to know this stuff, so we can make sure we are using the latest/best documentation in order to facilitate the process.

2:02pm • #7
FEB
07
2012
268,692 Points 3 Featured Posts Outside Blog Attended Rain Camp

You mention that the form started with 12 paragraphs and has grown to 14 paragraphs. Will it grow longer? Are the people drawing up the form government attorneys? You have answered your own question.

12:35am • #8


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Richard Zaretsky, Florida Real Estate Attorney

West Palm Beach, FL

More about me…

Richard P. Zaretsky P.A. - Board Certified Real Estate Atty

Address: 1655 Palm Beach Lakes Blvd, Suite 900, West Palm Beach, Fl, 33401

Office Phone: (561) 689-6660 x 107

Cell Phone: (561) 329-2279

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