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Bank Of America Short Sale Guideline Update

By
Real Estate Attorney with http://www.medicalandspaconsulting.com

Bank of America (BofA) has updated its short sale approval requirements when the buyer is a business entity.  BofA has experienced delays in processing short sale approvals with business entity buyers because the proper documentation has not been provided.  The requirements are pretty straightforward and they make sense that these would be required.

Did you know that if the buyer of a short sale is a Limited Liability Company (LLC) or Corporation, there are specific documents that must be completed? If required documents are not provided, the short sale process can experience significant processing delays.

LLC required documents:   if the buyer is an LLC, the following documentation must be provided to the Short Sale Specialist:

Fully executed Articles of Incorporation / Organization and Operation Agreement (contains Members Agreement which lists Officers and their ownership interest in the company)

Proof of funds in the LLC's name

Proof of the buyer's connection to the LLC

Corporation required documents: if the buyer is a Corporation, the following documentation must be provided to the Short Sale Specialist:

 

Copy of Articles of Incorporation

List of Shareholders and Officers

Proof of funds in the Corporation's name

Proof of buyer's connection to the Corporation

When providing the required documents specified above, please ensure they are legible and all pages of all documents are included. In addition, name each document with its own specific title (e.g., Articles of Organization). Failure to provide the Short Sale Specialist with fully executed and legible required documents may cause delays in processing the short sale file, and / or may result in the file being declined.

Per investor guidelines, additional documents may be required and will be communicated, as applicable, by the Short Sale Specialist.

The number one reason that short sales are not approved is improper documentation.  This is even a bigger issue with business entity buyers.

 

Padraic Deighan J.D. Ph.D

http://www.homesavers.pro

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Rochelle Allison
Keller Williams Premier Realty - Saint Paul, MN

Thanks!

Jan 30, 2013 05:33 AM
Dianna L. MacLaren
Coldwell Banker Residential Real Estate - Orlando, FL
GRI, CNE, SSRS

Nice to see this in writing!  Thanks, Paddy!

Jan 30, 2013 08:25 PM
Al Raymondi
Ocean View Realty Group in Ormond By The Sea Florida - Ormond Beach, FL
Ormond By The Sea Florida - Home and Condo Sales

Those requirements sure do make sense Paddy, and it is good to see this in writing.

Jan 30, 2013 10:28 PM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

it is also interesting to note that in the past, BofA would not accept a short sale with an incorporated buyer (LLC was OK)

Jan 31, 2013 03:44 AM