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Short Sale Lender Retains Right To VOID The Sale AFTER The Sale!!

By
Real Estate Agent with Long & Foster Real Estate, Inc., Annapolis MD 21403 DRE# 319853

Do what??  Please read and share your thoughts. This is crazy!! 

SHORT SALE APPROVAL LETTER CONTAINS UNACCEPTABLE CONDITION

 

We have just been alerted to the fact some lenders have a new form of short sale approval/estoppel letter, in which the lender now attempts to retain the right to invalidate a transaction for events which may have occurred at the loan's inception or in our transaction.    In one particular demand, the following condition was found in paragraph 16 and read as follows:

 

"If the property was acquired by any means of fraud, [lender's name] reserves the right to pursue any and all actions available to it to pursue any and all actions available to it to offset its losses.   If it is determined that Sellers and/or Buyers participated in any way to the fraud, this short sale will be void, and the Note and Security Instrument will remain in full force and effect."

 

If a similar provision or other conditional language appears in a payoff/estoppel letter from your short sale lender, you are NOT authorized to close the transaction unless the letter is amended in writing to remove the offending provision

 

First American cannot insure the new purchaser or the lender, if the short sale lender purports to reserve the right to void a conveyance and maintain its lien after closing and disbursement.

 

While few provisions have been so blatant as to purport to void the transaction, it serves to remind all of us of the importance of carefully reviewing not only your short sale letters but also all of your lender's closing instructions, as these traps are sometimes buried in vague language deep in the body of the letter.

 

We have also been advised of IRS payoff/estoppel letters in short sale transactions which state they will refuse to satisfy an IRS lien if it is determined after closing that the value of the property to the IRS was greater than they thought.

 

All of this is yet another reminder that all short sale approval letters have conditions for the lender's agreement to take a short pay off to be effective.  If there is ANY provision which purports to allow the lender or the IRS the right to refuse a reconveyance after closing, do not complete your closing without contacting your local First American counsel.

 

 The above notice is courtesy of First American Title.

Posted by
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About the Author Martha Brown- As a third generation Annapolitan I love to write about my experiences in and out of the real estate market. Licensed since 1992 all with Long & Foster I am a Certified Residential Specialist (CRS) and a Seller Representation Specialist (SRS) whose passion is homes in the Annapolis MD area and surrounding communities. My goal is to help my clients understand the real estate market and to then make sound real estate decisions. 

 

Martha can be reached  at 410-260-2800 ofc or 

martha@homesaroundannapolis.com.

When searching for Annapolis area homes for sale

there is no better place than

www.HomesAroundAnnapolis.com

 

Have a real estate question?? 

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Martha Brown of Long & Foster Real Estate.

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Annapolis, MD 21403

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Peggy Harmeyer- Harmeyer Team
RE/MAX Real EstateGroup.com - Altoona, IA
Licensed in the State of Iowa

Wow!  Just one more thing to be aware of with Short Sales.  We really have to be on our toes don't we.  Thank for the heads up on this so that we can look at the letter a little closer.  Thanks First American Title.

 

Peggy

Mar 20, 2009 07:57 AM
Matt Listro
National Credit Fixers - Matt Listro - Vernon, CT
Your Credit Repair Expert

Hi Martha: I agree with you - that is nuts!

:)

Mar 20, 2009 07:59 AM
Donna Harris
Donna Homes, powered by JPAR - TexasRealEstateMediationServices.com - Austin, TX
Realtor,Mediator,Ombudsman,Property Tax Arbitrator

That's just crazy.  Are the banks going to now hire full time employees to keep track of each and every transaction to see what happens to them in the future?

Mar 20, 2009 08:12 AM
Sally K. & David L. Hanson
EXP Realty 414-525-0563 - Brookfield, WI
WI Real Estate Agents - Luxury - Divorce

We are currently working on a short sale where the IRS can't decide what rights they have...and has no documentation to indicate their "position in line"...never a dull moment !

Mar 20, 2009 08:17 AM
Associate Broker Falmouth MA Cape Cod Heath Coker
https://teamcoker.robertpaul.com - Falmouth, MA
Heath Coker Berkshire Hathaway HS Robert Paul Prop

Sounds like a jeopardy question: When is an agreement not an agreement? 

Mar 20, 2009 08:18 AM
Audrey June-Forshey
RE/MAX Realty Services - Darnestown, MD
GRI, Gaithersburg, MD

Wow, and to think the bank would be better off with out owning a bunch of real estate.  Their stupidity never ceases to amaze me.  I think the verifications for the new loan should be done before settlement.  Another reason to stay as far away from short sales as possible.

 

Mar 20, 2009 08:54 AM
Martha Brown
Long & Foster Real Estate, Inc., Annapolis MD 21403 - Annapolis, MD
Your Homes Around Annapolis Agent

Peggy- Who would have thought.

matt- Agreed, it is nuts!!

Donna- Just what we need more bank employees who know nothing about real estate. Yikes

Sally & David- You are right, never a dull moment.

Heath- LOL. This one will have everytone scratching their heads.

Audrey- It hard to stay away when so many are staring us in the face. By the time banks learn what to do, all the doing will have been done!

 

Mar 20, 2009 12:54 PM
Kate Elim
Dockside Realty - Spotsylvania, VA
Realtor 540-226-1964, Selling Homes & Land a

Hi Martha...I found this very interesting and will be re-blogging it.  I'm in the middle of a short sale now and will print your post. 

It will go directly in that transaction file as a reminder what to look for when we get to settlement.

Thanks for sharing.

Kate

Mar 20, 2009 01:38 PM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

Martha - You have provided just one more reason why I try to stay away from short-sales, and consider them no better than an angry rattlesnake within striking distance!

Mar 21, 2009 11:25 AM
Chris Olsen
Olsen Ziegler Realty - Cleveland, OH
Broker Owner Cleveland Ohio Real Estate

Hi Martha -- What a quagmire eh?

Mar 23, 2009 04:00 PM