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BANK OF AMERICA SHORT SALE APPROVAL LETTER - NEW EXAMPLE

By
Real Estate Attorney with THE ZARETSKY LAW GROUP - Board Certified Real Estate Atty and AUTOMATED LAND TITLE COMPANY

What was once the area of vague innuendo and assumption and presumption of DEFICIENCY WAIVER intentions and meaning behind Short Sale Approval Letters is finally – after 5 years of confusion – becoming clear and concise.  The question of course is – IS THE BANK WAIVING THE DEFICIENCY?  Bank of America has now addressed that issue, at least for some of the loans they service.

Below you will see an approval letter received in September 2013 from Bank of America.  Compare it to the one a few years ago found about the 2010 letter changes at BoA in my article Bank of America Short Sale Approval Letter Changes

Now see the below first page.  Instead of one paragraph saying there is or is not a waiver of deficiency, there is a whole page – FOUR paragraphs!  Count FIVE paragraphs if you add the credit reporting disclosure on the second page.

page 1

page 2

A recent PNC short sale letter we were shown said nothing about waiver or retaining rights concerning a deficiency.  The letter did say that the credit bureaus would receive reports of the loan being “legally satisfied for less than the full balance” and that the lender would record a “Satisfaction of Mortgage”.  Relatively pointing in the direction of a no deficiency short sale one would think – until the lender negotiator put in an email that the deficiency was not being waived unless an agreeable sum was paid to the lender for that waiver.  The email and the letter are opposites.

Go below to the third page and see another change – the “deed restriction” in paragraph 17 of the letter clearly puts right in the short sale approval letter the anti-flipping condition with specific language to be put in the deed of conveyance (the Warranty Deed).

page 3

In paragraph 18 you see the dreaded “Your Servicer Has Changed” event.  And it spells out that if the servicing changes between the issuance of the short sale approval letter and the closing – this approval letter is garbage!  The new servicer is NOT required to accept the terms of the short sale approval letter!  And I thought the servicers represented the lender/investor, who ultimately approved the short sale in the first place! 

page 4

 

Lastly, see the last page where the lender wants 72 hours – that is 3 whole days – to review the HUD before you can close.  How many HUDS involving  a new buyer loan are ready 3 days in advance?  Hmmm, you have that problem too?

page 5

What new clauses have you been seeing in your short sale approval letters?

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© 2013 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 New Website www.Florida-Counsel.com.

 

See our easy to find articles at TABLE OF CONTENTS - SHORT SALE AND LOAN MODIFICATION ARTICLES

Fernando Herboso - Associate Broker MD, & VA
Maxus Realty Group of Samson Properties - Clarksburg, MD
301-246-0001 Serving Maryland, DC and Northern VA

Regardless.. 

love to see them on my desk for any of my listings. .

Thank you Richard. 

Sep 17, 2013 12:22 AM
Jay & Michelle Lieberman
Keller Williams World Class - Agoura Hills, CA
Creating Calm in the Buying and Selling Chaos

On the same page as comment 19.  California has resolved most of this for us already.  Except of course in the case of a refinance, where a deficiency possibility opens up with some exceptions.

Sep 17, 2013 03:46 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Elizabeth- The main reason that it is different in California than Florida is because you are a non judicial state whereas Florida is a judicial state. When the banks and legislatures made these types of laws back in the day, it is always a part of a trade off. I want some something from you, you want something in return. Negotiating the laws that are being presented to the legislature. So we are a deed state as well as judicial foreclosure state. Thus, the banks wanted something to keep their assets a little less risky here in Florida, so, in return, they got the deficiency clause which was in effect for 5 years until this past session, where the time to sue for deficiency was reduced to 1 year. California may have resolved the issue of deficiencies but the homeowner does not have the same property rights as we do in Florida. Katerina

Sep 17, 2013 08:35 AM
Lou Ludwig
Ludwig & Associates - Boca Raton, FL
Designations Earned CRB, CRS, CIPS, GRI, SRES, TRC

Richard

Thanks for sharing the short sale contract updates.

Good luck and success.

Lou Ludwig

Sep 17, 2013 09:09 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

This reminds me once again why I tell clients to be wary of short sales and to seek legal advice and legal review of documents if they decide to go foreward on a short sale.

Sep 17, 2013 01:32 PM
Paddy Deighan MBA JD PhD
http://www.medicalandspaconsulting.com - Vail, CO
Paddy Deighan J.D. Ph.D

I am a senior legal adviser to BofA and they have genuinely been trying to fix a lot of this....it is a very complicated array of issues

Sep 17, 2013 02:38 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M
Richard - It's hard to work with the three day HUD issue. It makes it important to try to keep the buyer's lender on top of everything.
Sep 17, 2013 04:00 PM
Daniel Zettler, Esq. - Barnstable Mortgage Grp
Barnstable Mortgage Group NMLS 49104 - Allendale, NJ
Great info, thanks for posting.
Sep 17, 2013 10:51 PM
Jill Sackler
Charles Rutenberg Realty Inc. 516-575-7500 - Long Beach, NY
LI South Shore Real Estate - Broker Associate

Well, that is very clear finally. Every little step forward helps the process.

Sep 17, 2013 11:03 PM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

#26 Paddy really?

Thanks Richard for sharing what these scoundrels are up to.

Sep 17, 2013 11:06 PM
Kathy Fuhriman
Bear River Valley Realty - Tremonton, UT

Finally good clear language regarding the deficiency waiver for BofA. Now if they would stop the Nationstar and Auction.com collusion that would be great. Hey Paddy maybe you could shed some light on this latest SCAM to come to short sales?

Sep 17, 2013 11:56 PM
Ron Aguilar
Gateway Mortgage Group - Saint George, UT
Mortgage & Real Estate Advisor since 1995

it will be nice when shorts are not common. Its bad enough dealing with humans on a straight sale

Sep 18, 2013 12:20 AM
Travis "the SOLD man" Parker; Broker/Owner
Travis Realty - Enterprise, AL
email: Travis@theSOLDman.me / cell: 334-494-7846

3 days to reviw a HUD-1.......aaaaaaahahahahahaha. We did have to send in a "preliminary" HUD recently for a short sale, and it still took a couple of months to Close.

Sep 18, 2013 12:38 AM
Chris Marquez
Charleston HOME Properties ~ www.BuySellCHS.com - Sullivans Island, SC

Richard, Good stuff.  Thanks for sharing!

Sep 18, 2013 12:39 AM
Kristin Hamilton CA REALTOR
Berkshire Hathaway California Realty - Beaumont, CA
(909) 557-6966- Specialize 55+ Communties Banning

Hi Richard,

I just got that same letter for my bank approval letter. Actually 3 times over as they gave me 1) an Approval from the Seller 2) an approval of buyer and seller and 3) the tenant certification. On the tenant cert, the first 3 pages of 7 were the particulars of the sale so I only gave the tenant the last 4 pages to sign. Though it mentions that their might be a promisory note, this was a first loan only for the home in 2006 with no 2nd and in the state of California, the seller gets the debt cleared with no tax consequences either state or Federal. The state tax bill expires at end of year but a new one is in the works and hopefully will be signed soon. Bank America does a great job in our area anyway. I like BofA short sales and I am always pretty confident I will get them closed for the seller and it is only taking 3-4 months now. This one will close in exactly 3 months. Thanks for the great post and congrats on your FEATURE.

Sep 18, 2013 12:47 AM
Bob Miller
Keller Williams Cornerstone Realty - Ocala, FL
The Ocala Dream Team

Thanks for sharing Richard.  That is a long time coming but finally BOA is getting it right!

Sep 18, 2013 01:23 AM
Jon Quist
REALTY EXECUTIVES ARIZONA TERRITORY - Tucson, AZ
Tucson's BUYERS ONLY Realtor since 1996

I read this post simply because 'Bank Of America' was in the headline. I was not disappointed. Or rather continue to be disappointed with this lender and all their activities. Why say something in one paragraph when you can say something in FIVE?

Sep 18, 2013 01:46 AM
Gene Riemenschneider
Home Point Real Estate - Brentwood, CA
Turning Houses into Homes

It seems to me with the Short Sales fading from the market that now it is a little late to finally figure it out.  

Sep 18, 2013 02:54 AM
Sharon & Bruce Walter
Keller Williams Realty Lafayette, IN - Lafayette, IN
West Lafayette homes for sale

Richard, when I did my first short sale I reached out to a wonderful short sale specialist in your state and asked for a similiar letter so I could know what to expect and it was so very helpful to see an actual bank letter in advance.  I agree how autocratic they are with expecting to close in an unrealistic manner with a buyer who is financing the purchase.  I write it in the contract that purchaser to have a minimum of 30 days to close from the time the bank issues their short sale approval letter, but it falls on deaf ears.  I prepare the buyer that if the bank issues them an unreasonble time to close that they better be prepared to eat the prorated taxes that go beyond the bank closing date. 

Sep 18, 2013 04:44 AM
Kimo Jarrett
Cyber Properties - Huntington Beach, CA
Pro Lifestyle Solutions

A very timely post since we just submitted an offer to BA for a SS. We're optimistic the offer will be accepted and look forward to compare your letter to one forthcoming. 

Sep 19, 2013 08:34 PM