Pre-Foreclosure Sale Addendum. Buyer: Buyer: Buyer s Agent:

Pre-Foreclosure Sale Addendum Mortgagee: _______________________________________ Mortgagee Loan Number: _______________________________________ Add...
0 downloads 2 Views 762KB Size
Pre-Foreclosure Sale Addendum

Mortgagee: _______________________________________

Mortgagee Loan Number: _______________________________________

Address of Property: __________________________________________________________________________________ Date of Purchase Contract: ____/____/____ Seller: ______________________________________

Buyer: ________________________________________

Seller: _______________________________________

Buyer: ________________________________________

Seller’s Agent/Listing Agent: ______________________________________

Buyer’s Agent: _______________________________________

Escrow Closing Agent: _______________________________________

Transaction Facilitator/Negotiator (if applicable): ____________________________________________

This Pre-Foreclosure Sale Addendum (“Addendum”) is given by the Seller(s), Buyer(s), Agent(s), and Facilitator/Negotiator to the Mortgagee of the mortgage loan secured by the Property (“Mortgage”) in consideration for the mutual and respective benefits to be derived from the pre-foreclosure sale of the Property. NOW, THEREFORE, the Seller(s), Buyer(s), Agent(s), and Facilitator/Negotiator do hereby represent, warrant and agree under the pains and penalties of perjury, to the best of each signatory's knowledge and belief, as follows: (a) The sale of the Property is an “arm's length” transaction, between Seller(s) and Buyer(s) who are unrelated and unaffiliated by family, marriage, or commercial enterprise. Additionally, the transaction is characterized by a selling price and other conditions that would prevail in an open market environment and there are no hidden terms or special understandings that exist between any of the parties involved in the transaction including, but not limited to the buyer, seller, appraiser, broker, sales agent (including, but not limited to the listing agent and seller’s agent), closing agent and mortgagee; (b) Any relationship or affiliation by family, marriage, or commercial enterprise to the Seller(s) or Buyer(s) by other parties involved in the sale of the Property has been disclosed to the Mortgagee; (c) There are no agreements, understandings or contracts between the Seller(s) and Buyer(s) that the Seller(s) will remain in the Property as tenants or later obtain title or ownership of the Property, except that the Sellers(s) are permitted to remain as tenants in the Property for a short term, as is common and customary in the market but no longer than ninety (90) days, in order to facilitate relocation;

(d) Neither the Sellers(s) nor the Buyer(s) will receive any funds or commissions from the sale of the Property except that the Seller(s) may receive a payment if it is offered by the Mortgagee, and, if the payment is made at closing of the sale of the Property, reflected on the HUD-1 Settlement Statement; (e) There are no agreements, understandings, current or pending higher offers, or contracts relating to the current sale or subsequent sale of the Property that have not been disclosed to the Mortgagee; (f) The current sale transaction is a market real estate transaction, and the buyer is making an outright purchase of real property; (g) The current sale transaction will be recorded; (h) All amounts to be paid to any person or entity, including holders of other liens on the Property, in connection with the pre-foreclosure sale have been disclosed to and approved by the Mortgagee and will be reflected on the HUD-1 Settlement Statement; (i) Each signatory understands, agrees and intends that the Mortgagee is relying upon the statements made in this Addendum as consideration for the reduction of the payoff amount of the Mortgage and agreement to the sale of the Property; (j) A signatory who makes a negligent or intentional misrepresentation agrees to indemnify the Mortgagee for any and all loss resulting from the misrepresentation including, but not limited to, repayment of the amount of the reduced payoff of the Mortgage; (k) This Addendum and all representations, warranties and statements made herein will survive the closing of the pre-foreclosure sale transaction; and (l) The signatories to this agreement can only serve in one capacity in order to meet the conflicts of interest and arms-length policies of HUD. (m) Each signatory certifies that all the information stated herein, as well as any information provided in the accompaniment herewith, is true and accurate. HUD will prosecute false claims and statements. Conviction may result in criminal and/or civil penalties. (18 U.S.C. 1001. 1010. 1012; 31 U.S.C. 3729. 3802) IN WITNESS WHEREOF, I have subscribed my name this ____ day of ___________, 20____. (Seller’s Signature) By: _____________________________________________ (Seller’s Signature) By: _____________________________________________ IN WITNESS WHEREOF, I have subscribed my name this ____ day of ____________, 20____. (Seller’s Agent/Listing Agent’s Signature) By: ____________________________________

IN WITNESS WHEREOF, I have subscribed my name this ____ day of ___________, 20____. (Buyer’s Signature) By: _____________________________________________ (Buyer’s Signature) By: _____________________________________________ IN WITNESS WHEREOF, I have subscribed my name this ____ day of ___________, 20____. (Buyer’s Agent’s Signature) By: ____________________________________ IN WITNESS WHEREOF, I have subscribed my name this ____ day of ___________, 20____. (Escrow Closing Agent’s Signature) By: _________________________________________ IN WITNESS WHEREOF, I have subscribed my name this ____ day of ____________, 20____. (Transaction Facilitator’s Signature (if applicable)) By: _____________________________

Date Submitted:

BORROWER INFORMATION

CO-BORROWER INFORMATION

Name:

Name:

Social Security #:

DOB:

Yrs in School: Children’s Ages:

Number of Children:

Home Phone:

Marital Status:

Social Security #:

DOB:

Yrs in School: Children’s Ages:

Number of Children:

Home Phone:

Marital Status:

Cell Phone:

Cell Phone:

E-mail Address:

E-mail Address:

2 Yrs. Residency History Required

2 Yrs. Residency History Required

Current Physical Address:

Current Physical Address:

# of Yrs

Current Pymt:

# of Yrs

Current Pymt:

Rent:

Own:

Rent:

Own: Previous Physical Address:

Previous Physical Address:

# of Yrs:

Current Pymt:

# of Yrs:

Current Pymt:

Own:

Rent:

Own:

Rent:

2 Yrs. Employment History

2 Yrs. Employment History

Employer Name:

Employer Name:

Employer Address:

Employer Address:

Occupation/Title:

Occupation/Title:

Employer Phone:

Employer Phone:

No. of yrs w/ firm:

# of yrs in line of work:

No. of yrs w/ firm:

Gross Monthly Income:

Gross Monthly Income:

Previous Employer:

Previous Employer:

Employer Address:

Employer Address:

Occupation/Title:

Occupation/Title:

Employer Phone:

Employer Phone:

From: Assets:

To:

Mthly Income:

Average Checking Balance: Average Savings Balance:

Retirement / Investment Balance:

From: Assets:

To:

# of yrs in line of work:

Mthly Income:

Average Checking Balance: Average Savings Balance:

Retirement / Investment Balance:

Page 1 of 3

Name: BORROWER SURVEY INFORMATION Purchase – Property Identified

Purpose of Loan: Loan Program:

30 yr Fixed

Purchase- Still Looking

15 yr Fixed

10 yr Fixed

(Check all applicable)

DECLARATIONS Yes

No

Yes

No

Are there any outstanding judgments against you? Have you filed for bankrupt in past 7 years? Are you currently party to a law suit? Have you been obligated on any loan that resulted in a foreclosure, deed in lieu or judgment? Are you presently delinquent/in default on federal debt or any other loan or mortgage? Do you pay alimony/child support/separate maintenance? Is any part of the down payment borrowed? Are you a co-maker or endorser on a note? Are you a U.S. Citizen? Are you a permanent resident alien? Will you occupy the subject property as your primary residence? Have you had ownership interest in a property in the last 3 years? How will title be held (Single, Married with Spouse, Other)?

NEW HOME PURCHASE INFORMATION Primary Residence Town home Property Address (

Secondary/Vacation Home Duplex

to be determined)

Investment/Rental Home Condo

Estimated Purchase Price:

Street

Down Payment Toward Purchase:

City

State

Zip

Estimated Annual RE Taxes:

Do you wish to escrow taxes & insurance?

Yes

No

Estimated Hazard Insurance:

REAL ESTATE AGENT CONTACT INFORMATION Agent’s Phone:

Agent Name: Agent’s E-Mail:

IF BORROWER IS SELF-EMPLOYED WE WILL NEED COPIES (all schedules) OF THE PAST TWO YEARS COMPLETE TAX RETURNS.

Your signature below will authorize Nationstar Mortgage LLC to pull a residential mortgage credit report. **without a signature this application is invalid**

Borrower Signature

Co-Borrower Signature

Please Print Name

Please Print Name

Page 2 of 3

Name: INFORMATION FOR GOVERNMENT MONITORING PURPOSES Federal Government for certain types of loans related to a dwelling in order to monitor the lender's compliance with equal credit opportunity, fair housing and home mortgage disclosure laws. You are not required to furnish this information, but are encouraged to do so. The law provides that a lender may not discriminate either on the basis of this information, or on whether you choose to furnish it. If you furnish the information, please provide both ethnicity and race. For race, you may check more than one designation. If you do not furnish ethnicity, race, or sex, under Federal regulations, this lender is required to note the information on the basis of visual observation and surname if you have made this application in person. If you do not wish to furnish the information, please check the box below. (Lender must review the above material to assure that the disclosures satisfy all requirements to which the lender is subject under applicable state law for the particular type of loan applied for.) BORROWER INFORMATION

CO-BORROWER INFORMATION

I do not wish to furnish this information Ethnicity:

Black or African American

Alaska Native White Sex:

Ethnicity:

American Indian Asian

Female

I do not wish to furnish this information

Asian

Native Hawaiian

Black or African American

Alaska Native

Other Pacific Islander Male

American Indian

White Sex:

Female

Native Hawaiian Other Pacific Islander Male

COMMENTS:

Page 3 of 3

SELLER’S LENDER REQUIRES THE FOLLOWING INFORMATION. INCLUDE THIS COMPLETED FORM WITH PURCHASE AGREEMENT

Individual Buyer #1: Name as it appears on purchase agreement _______________________________________________ Address (city, state, and zip) ____________________________________________________________ First five digits of social security number ______ - _____ Date of Birth _____ / _____ / _____ Phone _______________________ Individual Buyer #2: Name as it appears on purchase agreement _______________________________________________ Address (include city, state, & zip code) ___________________________________________________ First five digits of social security number ______ - _____ Date of Birth _____ / _____ / _____ Phone _______________________

If Corporation or LLC Buyer: Name as it appears on purchase agreement________________________________________________ Address (city, state, and zip) ____________________________________________________________ Name of person signing for corporate buyer: _______________________________________________ EIN or TIN ___________ - _____________________ Phone _____________________________________

Buyer’s agent: Name _________________________

Company name __________________________________

Company address (city, state & zip code) ________________________________________________ Phone ______________

Fax _______________

Email _________________________________

Buyer’s lender info: Loan officer name ______________________ Company name ______________________________ Phone _______________

Email ________________________

Quoted interest rate _________

PRINT

SAVE

BROKER PRICE OPINION This BPO will have a significant impact on the marketing of this property. Every effort should

PROPERTY ADDRESS REO#

FIRM NAME

Nationstar Mortgage LLC SALES REP DATE I.

be made to provide accurate and detailed information in your evaluation. Comments are always welcome and are usually necessary to describe the property and market.

COMPLETED BY PHONE NO.

GENERAL MARKET CONDITIONS Current Market Conditions: Depressed Employment Conditions: Declining Market price of this type property has:

Slow Static Improving Excellent (Circle One) Stable Increasing (Circle One) Decreased % in past months Increased % in past months Remained stable Estimated percentages of owner vs. tenants in neighborhood: % owner occupant % tenant There is a normal supply oversupply shortage of comparable listings in the neighborhood Approximate number of comparable units for sale in neighborhood: No. of competing listings in neighborhood that are REO or Corporate owned: No. of boarded up or blocked-up homes: Census Tract #:

COMMENTS:

II.

SUBJECT MARKETABILITY

(Space for Comments at the bottom of next page.)

Range of values in the neighborhood is $ to $ The subject is an overimprovement underimprovement appropriate improvement for the neighborhood Normal marketing time in the area is days. Marketability of subject property is excellent good fair poor. Unit Type: House Condo Townhouse Multi-family (No. of units Modular If condo or association exists: Fees are $ /mo. Current ? Unpaid how many months? The fee includes: Pool Tennis Insurance Landscape Other Association Contact: Name Address

III.

COMPETITIVE CONTRACT OFFERINGS OR LISTINGS

ITEM Address Proximity to Subject Current Price Original List Price Price/Gross Lv. Area Data Source VALUE ADJUSTMENTS

SUBJECT

COMP NO. 1

INTAX/MLS DESCRIPTION

COMP NO. 2

INTAX/MLS DESCRIPTION

COMP NO. 3

INTAX/MLS +(-)$ Adj

INTAX/MLS +(-)$ Adj

DESCRIPTION

DESCRIPTION

+(-)$ Adj

Sales or Financing Concessions Date of Sale/DOM Location Site/View/Lease Design and Appeal Quality of Construction Age Condition Above Grade Room Count

Gross Living Area Bsmt/Finished Rooms Below Grade Functional Utility Heating/Cooling Garage/Carport Porches, Patio Pools, etc Special Energy Efficient Items Fireplace(s) Other(e.g. Kitchen equip., remodeleing Net Adj. (total)) Indicated Value of Subject

Total

Bdm

Bths

Total

Bdm

sq. ft.

Bth

Total

Bdm

sq. ft.

+

-

Bth

Tot

sq. ft.

$ $

+

-

Bdm

Bths

sq. ft.

$ $

+

$

$

IV.

MARKETING STRATEGY Most likely buyer: Potential Financing:

Owner Occupant Investor Other Seller Cash Outside Lender FHA VA Financing Planned Marketing Actions in addition to cleaning, repairing, signage, MLS and lock box (be specific):

Recommended repairs and your estimate of cost by item. Attach addendum if additional space is needed. $ $ $ $ TOTAL REPAIRS

V.

$

COMPETITIVE CLOSED SALES

ITEM Address Proximity to Subject Sales Price Price/Gross Lv. Area Data Source VALUE ADJUSTMENTS Sales or Financing Concession

SUBJECT

COMP NO. 1

COMP NO. 2

COMP NO. 3

INTAX DESCRIPTION

MLS/INTAX +(-)$ DESCRIPTION

MLS/INTAX +(-)$ DESCRIPTION

MLS/INTAX +(-)$ DESCRIPTION

Date of Sale/DOM

Location Site/View/lease Design and Appeal Quality of Construction Age Condition Above Grade Room Count

Total

Bdm

Gross Living Area

Total

Bdm

sq. ft.

Basement & Finished Rooms Below Grade Functional Utility Heating/Cooling Garage/Carport Porch, Patio, Pools, Etc Special Energy Efficient Items Fireplace (s) Other (e.g. kitchen equip., remodeling) Net Adj. (total) Indicated Value of Subject

VI.

Bth

Total

Bdm

sq. ft.

+

PROBABLE FINAL VALUE

Bth

$

$

Bth

Total

Bdm

sq. ft.

+

- $

Bth

sq. ft.

+

$

- $ $

must fall within the indicated value of the sales used above.

THE VALUE FOR THE SUBJECT PROPERTY BASED ON 120 DAYS LIST TO CONTRACT IS:

As Is

Repaired

Probable Final Suggested List

OPINION OF VALUE Check one block below: Both the interior and exterior were inspected. Only the exterior was inspected.

COMMENTS including specific positives on this property and special concerns, if any, like apparent structural issues, encroachments, easements, water rights, propane, hazardouse waste, flood zone, etc.) Attach addendum if additional space is needed.

Agent’s Signature

Phone Number

Date