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| The entire
packet to begin with us is below. Click
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| Dear Homeowner,
Short Sale and Marketing Inc. has been contracted
to process the sale and closing of your property.
Because your loan is in default and we are attempting
to request an alternate solution to foreclosure
there are several items that will be required by
your lender, including but limited to:
1) Completed Financial Worksheet (enclosed)
2) A hardship letter (example attached)
3) Copies of your last year’s complete tax
return
4) Copies of 2 months bank statements. This must
include ALL pages, not only the summary (If self
employed, submit both business and personal account
information for the past 6 month)
5) Copies of the last 45 days pay stubs
6) Copies of your last W-2
7) If the property is listed for sale, a copy of
the listing agreement
8) If subject property is used for rental income,
a copy of the current lease agreement
In order for Short Sale and Marketing Inc. to assist
you it is imperative that we obtain the aforementioned
information in a timely manner. Once we receive
this information, we will contact your lender to
discuss any options that may be available for you.
Unfortunately, until you receive approval for an
alternative course of action for this delinquency,
we are unable to delay any necessary legal action
permitted in your original mortgage agreement and
Note. Therefore, it is extremely important that
we receive this information within the timeframe
outlined above.
If you have any questions, you may contact us at
(407) 770-6888. Please fax the above information
to (407) 380-1380.
Sincerely,
Short Sale and Marketing Inc.
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Short
Sale and Marketing Agreement
Buyer / Seller
This Short Sale agreement is entered into between
Short Sale and Marketing Inc: ___________________________________________(Buyer)
and _____________________________________________(Seller),
effective as of the date set forth below, (effective
date).
1. Definition - The term Short Sale is used to
describe a sale where the liens against a property
combined with the costs associated with the sale
exceed the amount the property will sell for.
2. Authorization to Negotiate a Short Sale Payoff
Amount - Seller hereby gives Short Sale and Marketing
the exclusive authority to negotiate with the Seller
and the Sellers mortgage lender for payoff of Sellers
mortgage, beginning on the effective date and ending
on the day six months after the effective date.
Both Buyer and Seller agree that this agreement
does not guarantee a Short Sale or that the Sellers
mortgage lender will agree to a discounted payoff
in connection with the sale of the property.
Seller Agrees to:
1. Cooperate with Short Sale and Marketing Inc.
in carrying out the purpose of this agreement, including
but not limited to, referring immediately to Short
Sale and Marketing all inquires regarding Sellers
Mortgage Lender. Also, Seller will provide Short
Sale and Marketing with any and all contracts and
documents related to the purchase of the property
in connection with the services described herein.
2. Inform Short Sale and Marketing of any and all
mortgages, encumbrances and liens against the property
or other material facts related to the property.
3. Seller understands that it is unlikely that he
will receive any cash or compensation from this
transaction, as the lenders will not allow the Seller
to benefit financially.
4. Every effort will be made to obtain a full release/
payoff status of the loan. However, we cannot guarantee
that the lender will not pursue a judgment for a
loan deficiency.
5. Property will not be put on the market by the
real estate Company until all required documents
are received by Short Sale and Marketing Inc. It
is understood that during the process the Seller
may be required to resubmit updated information.
It is agreed that the Seller will cooperate in providing
documents.
Disclosure: Seller hereby authorizes Broker and
Short Sale and Marketing Inc. to identify the property
as a short sale, preforeclosure or distressed property
or other similar terms in marketing materials including
the Multiple Listing Service (“MLS”)
web sites, printed materials etc. Broker and Short
Sale and Marketing Inc. is further authorized to
disclose to prospective buyers and their agents
that terms of the sale may be subject to lender
approval and the transaction is likely to be a short
sale.
Short Sale and Marketing Inc functions as a marketing
and consulting company. It works with Century 21
Real Estate Professionals and other real estate
companies to successfully complete the short sale
process. It is not a real estate company and does
not provide real estate sales services |
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| Broker and
Short Sale and Marketing Liability: Seller understands
that lien holders are not within the Broker’s
control or the control of Short Sale and Marketing
Inc. Broker and Short Sale and Marketing Inc, shall
not be liable for any loss, damage or harm to Seller
resulting from any communication between lien holders
and Broker, lien holders’ rejection of Purchase
Contract terms or commissions, the imposition of additional
requirements on the Seller, or the failure of lien
holders to act in a timely manner. If there are any
tax ramifications and or potential deficiency judgments
associated with this transaction, the Seller hereby
agrees to hold Broker and Short Sale and Marketing
harmless for same. Furthermore, the Seller acknowledges
and agrees that the IRS and/or the short sale lender
will determine whether or not this transaction will
be subject to any tax penalties, deficiency judgments
and any other penalties or assessments
Professional Advice: Seller understands that a
short sale can have serious legal, cash, tax and
credit consequences, and may result in taxable income
to Seller. Seller has been advised to obtain advice
from a qualified Florida attorney, Certified Public
Accountant and other experts prior to entering into
this Agreement. Seller has been further notified
that there are several other alternatives to a short
sale that Seller may wish to explore with these
professionals, such as but not limited to foreclosure,
voluntary deed in lieu of foreclosure, bankruptcy,
refinancing, loan modification agreements, etc.
Seller agrees that Seller has not relied on Broker
or Short Sale and Marketing Inc. for any such information
nor has Broker or Short Sale Inc. provided any such
advice.
Buyer Obligation- in consideration of Short Sale
and Marketing’s obligations, Buyer agrees
to:
1. Cooperate with Short Sale and Marketing in carrying
out the purpose of this agreement, including but
not limited to, providing Short Sale and Marketing
with any and all contracts and documents related
to the purchase of the property in connection with
the services described herein.
2. Indemnify Short Sale and Marketing Inc. and hold
Short Sale and Marketing harmless from liability
to any person because of: Buyers negligence, representations,
misrepresentations, actions and inactions. Also,
Short Sale and Marketing’s use of any and
all documents and information supplied by the buyer.
Short Sale and Marketing Obligations and Authority-
Short Sale and Marketing agrees to make diligent
and continued effort to facilitate a short sale
with a discounted payoff. The Buyer and Seller authorize
Short Sale and Marketing Inc to:
1. Be the sole and exclusive contact person between
the Sellers mortgage lender and Seller in order
to make an arrangement where the Seller may sell
the property for less than the debt obligation.
2. Provide updates and information regarding the
negotiations with the Sellers mortgage lender directly
to the Buyer and Seller.
3. Short Sale and Marketing will advertise the property
on its Company web site.
Compensation - If Short Sale and Marketing successfully
arranges with the Sellers mortgage lender to sell
the property for less than the balance owed under
the Sellers mortgage, then Short Sale and Marketing
will be paid a fixed processing fee of $1,275 (one
thousand two hundred seventy five dollars). The
processing fee will be paid in accordance with the
following:
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1. Short Sale
and Marketing shall attempt to collect its processing
fee from the mortgage lenders proceeds. If the Mortgage
Lender does not agree to pay the fee of $1,275 at
the time of closing then the Buyer shall pay the processing
fee at the time of closing. If the mortgage lender
agrees to pay a portion of the fee the Buyer will
only be responsible for the remaining balance of the
processing fee. The Buyer hereby authorizes and directs
the designated title and closing agent handling the
sale of the property to reflect the processing fee
as a Buyers closing cost on the settlement statement
and authorizes and directs the title company or closing
agent to collect the fee from the Buyer and disburse
the fee to Short Sale and Marketing Inc. at the time
of closing.
2. The processing fee provided for herein shall be
paid in the event that the Short Sale and Marketing
company is able to negotiate and obtain the mortgage
lenders approval of a sale for less than the balance
owed under the Sellers mortgage and the processing
fee shall be paid as provided above irrespective of
weather Sellers mortgage lender requires the Seller
to execute a promissory note or other security instrument
in favor of the Sellers mortgage lender for the difference
between the proceeds of the discounted payoff and
the debt obligation owed by Seller under the mortgage.
3. The Short Sale and Marketing processing fee is
due if, within 180 days after termination date Seller
transfers or sells the property or any interest in
the property to Buyer or any of its principles, successors
or assigns, or any entity or Buyer affiliated with
the Buyer.
Miscellaneous- This agreement is binding on Sellers,
Buyers and the Short Sale and Marketing Inc. agents,
heirs, personal representatives, administrators,
successors and assigns. Signatures, initials and
modifications communicated by facsimile will be
considered as originals. The provisions of this
agreement are independent of and separable from
each other and no provision shall be affected or
rendered invalid or unenforceable by virtue of the
fact that for any reason any other of them may be
invalid or unenforceable in whole or in part.
________________________________________ _________________________
Short Sale and Marketing Effective Date
________________________________________
Seller Signature
________________________________________
Printed name
________________________________________
Buyer Signature
________________________________________
Printed name |
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Bank
& Financial Institution
Authorization & Release Form
I ____________________________ hereby authorize
____________________________ of Short sale and Marketing
Inc. to request, obtain and verify any and all mortgage
loan information, including but not limited to payoff,
arrearage, and reinstatement amounts as well as
financial history. The information obtained is to
be used for the purpose of facilitation of the resolution
of my foreclosure.
Property Address:
Lender/ Loan Number: _____________________________________________
Lender/ Loan Number: _____________________________________________
_____________________________ ________________
Borrower Date
Social Security Number: ___________________________________
Date of Birth: ___________________________________
_____________________________ ________________
Borrower Date
Social Security Number: ___________________________________
Date of Birth: ___________________________________
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Please
Do Not Contact Me by Phone
First Lender: ______________________ First Loan
#:_______________________
Second Lender: ____________________ Second Loan
#: _____________________
Property Address:
According to the Truth in Lending Law, I have the
right to request that you, my lender, not contact
me by phone regarding my loan being in default.
I do not wish to speak to any collection agents
about this account. Please make any further communication
with me in writing or if you must speak to someone
regarding this account please talk with the agent
with Short Sale and Marketing Inc, _________________________
who is assisting me in the selling of my home. The
information obtained by my agent is to be used for
the purpose of facilitating the resolution of my
Short Sale.
_____________________________ _____________
Borrower Date
Social Security Number: _________________________
Date of Birth: ________________
_____________________________ _____________
Borrower Date
Social Security Number: _________________________
Date of Birth: ________________
Contact information of my agents: Short Sale and
Marketing Inc.
Ph: (407) 770-6888
Fax: (407) 380-1380
Email: info@shortsaleandmarketing.com
Address: 564 N. Semoran Blvd, Orlando, FL 32807
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Alternatives
to Foreclosure
You may be facing foreclosure… so what are
your options? Try to look at the situation more
from a financial standpoint rather than an emotional
standpoint. This way you can more successfully analyze
which option might best suit your needs and desire
to move you toward resolving your situation and
make a decision.
Then, take action right away so you have enough
time to complete the solution you choose.
Nine options when facing Foreclosure
1. Do Nothing- If the homeowner does nothing, they
most likely will lose their home at foreclosure
auction. Loan applications generally ask if the
applicant has ever been foreclosed upon. Credit
reports also disclose this damaging information.
Not the best option.
2. Payoff/ Refinance- Completely paying off the
entire loan amount plus any default amount and fees.
Usually this is accomplished through a refinance
of the dept.
3. Reinstatement- Paying the entire default amount
plus any interest, attorney fees, late fees, taxes,
missed payments and fees.
4. Loan Modification- Utilizing the existing mortgage
company to refinance the dept or extend the terms
of the loan. This may allow the homeowner to catch
up at a more affordable level. To qualify, you must
prove to the lender you have fixed the problem that
caused the late payment.
5. Forbearance- Leander may be able to arrange a
repayment plan based on the homeowner’s financial
situation. The lender may even be able to provide
a temporary payment reduction or suspension of payments.
Information will be required from the lender to
show that you are able to meet the new payment plan
requirements.
6. Partial Claim- A loan from the lender for a 2nd
loan to include back payments, cost and fees.
7. Deed in Lieu of Foreclosure- Give the property
back the bank instead of the bank foreclosing. Banks
generally require the home be well maintained, all
mortgage payment and taxes must be current. Most
loan applications ask if this has ever happened.
8. Bankruptcy- This option can liquidate debt and/
or allow more time. I can refer you to a qualified
bankruptcy attorney.
• Chapter 7 (Liquidation) To completely settle
personal debt
• Chapter 13 (Wage Earner Plan) Payments are
made towards a plan to pay off debts in 3-5 years
• Chapter 11 (Business Reorganization) A Business
dept solution
9. Sale-If the property has equity (money left over
after all loans and monetary encumbrances are paid)
The homeowner may sell the home without lender approval
through a conventional home sale. On the other hand,
a Short Sale, also known as a pre-foreclosure sale,
can be negotiated with your lender by your Real
Estate Professional if what is owed is MORE than
the property’s value.
I have read this form and understand this form
and understand that I have several options available
to me and that there may be more than those listed
above. I have been advised that I should consult
an attorney and/or CPA. I have chosen to use Short
Sale And Marketing Inc.
__________________________________ ___________________
Borrower Date
__________________________________ ___________________
Borrower Date
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Hardship
Letter Guidelines
Remember to state the following items in your HANDWRITTEN
hardship letter:
1. Hardships - What are your hardships (current
and past), For Example - unemployed, car accident,
medical problems (personal or family), etc. Go into
a little detail about each hardship. The following
are the most important messages to get across to
the lender.
a. Why you will not be able to be current again
on your loan
b. We do not have enough income to make payments
c. We are leaving the property
2. Your assets- Explain that you have no assets
with which to continue paying.
3. Any signed exemptions of documents- If you do
not bank statements, pay stubs or tax returns, you
will need to explain the reason in more detail in
your letter as to “why” you can not
provide those documents (i.e. I’ve been unemployed
for 6months and have not been able to find work)
Note- realize that if you do not have Extension-
Fillings either, explain why in this letter (i.e.
I have not worked in over 2 years and so I haven’t
and I have failed to file extensions as well).
4. Bankruptcy- You could also mention “I
do not want to have to file bankruptcy”
Sample Hardship Letter
To Whom It May Concern:
I have been unable to make the payments on my house,
and I am now facing foreclosure. My inability to
keep up with the monthly payments is the result
of (loss of job, illness, accident, death, or disability
of a wage earner - describe in details what your
hardship is).
In spite of my current financial difficulties,
I expect that it will only get (better/ worse).
I am not in the position to continue making my mortgage
payments. This was not at all what I intended but
I have come to the conclusion that this is my only
option.
Your help and consideration in this matter are
very much appreciated.
{Signature} {Date}
{Print Name}
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Copies
of the last 2 Pay Stubs
I / We are unemployed and have no Pay stubs to
provide.
___________________________________
___________________________________
Copies of the last 2 months Bank Statements
I / We no longer have a checking account, so I
/ We are unable to provide any Bank Statements.
____________________________________
____________________________________
Copies of the last 2 year Tax Returns
I / We have not done my/our taxes for the past
2 years, and I/ We failed to file any extensions.
____________________________________
____________________________________
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Short
Sale and Marketing Inc.
564 N. Semoran Blvd
Orlando, Florida 32807
Ph: (407) 770-6888
Fax: (407) 380-1380
Short Sale Information Sheet
Property Address: ______________________________________________
Primary Payoff Lender: __________________________________________
Account Number: ______________________________________________
Phone # for Lender: _____________________________________________
Secondary Payoff Lender: ________________________________________
Account Number: _______________________________________________
Phone # for Lender: _____________________________________________
Primary Borrower: ____________________ Social #:_______________
Co-Borrower: ________________________ Social #:_______________
Forwarding Address: _____________________________________________
_______________________________________________________________
Contact Phone #’s________________________________________
_______________________________________________________
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