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This is a discussion on Help! my 2nd sent an approval letter and need your advice within the Florida Attorneys forums, part of the Ask the Attorneys? category; I have several short sale homes in various states. the approval letter usually has some language that states the lender ...
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| Senior Member Join Date: Oct 2008
Posts: 162
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Help! my 2nd sent an approval letter and need your advice I have several short sale homes in various states. the approval letter usually has some language that states the lender waives their right to pursue a deficiency and the loan will be reported as paid as agreed less than full. however in florida, my 2nd lender ocwen sent over an approval letter that had a release of claims page: RELEASE OF CLAIMS As consideration for this discount payoff offer, which Ocwen is not otherwise obligated to make available toBorrowers, the receipt and sufficiency of which consideration is hereby acknowledged by Borrowers, and as a condition to your (i.e., Borrowers shown above) acceptance of this discount payoff offer, Borrower, for himself or herself and his or her heirs, personal representatives, successors, and assigns, hereby jointly and severally, knowingly and voluntarily releases, discharges, and covenants not to sue, Ocwen and its predecessors, successors and assigns, representatives, agents, affiliates, parents, subsidiaries, officers, employees, directors and shareholders, including this law firm (collectively, the “Released Parties”) from any and all claims, demands, liabilities, defenses, setoffs, counterclaims, actions, and causes of action of whatsoever kind or nature, whether known or unknown, whether legal or equitable, which he or she has, or may assert in the future, against Ocwen and the Released Parties directly or indirectly, or in any manner connected with this offer and with any event, circumstance, notice of default, action, or failure to act, of any sort or type, whether known or unknown, whether legal or equitable, which was related or connected in any manner, directly or indirectly, to the Property or to the servicing of this Loan. Borrower hereby further acknowledges and agrees that, to the extent that any such claims may exist, the value to the Borrower of the discount payoff offer by Ocwen contained in this letter, substantially and materially exceeds any and all value of any kind or nature whatsoever of any such claims. Nothing in this letter shall be construed to prejudice, waive, modify or alter any of Ocwen's rights or remedies in law or in equity in collecting the entire amounts due and to come due on the Loan or be construed to waive any defense of Ocwen. Ocwen reserves the right to terminate this offer at any time prior to your timely acceptance of the terms set forth above. it looks to me like I am waiving my rights but the lender still has the right to pursue a deficiency judgment against me. is that correct? how long do they have the right to pursue a judgment against me? what protection do I have other than filing bankruptcy? I am in california and this is a non owner occupied loan. |
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