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| Success Stories - Homeowners Who Fought Back & Won This section is dedicated to the homeowners who were facing foreclosure and fought back to win the battle against their lenders. I hope to add many more stories here as times goes by. Please let us know if you have a success story that you can share to give others encouragement to keep fighting! |
This is a discussion on CW Short Sale Buyer SUCCESS!! within the Success Stories - Homeowners Who Fought Back & Won forums, part of the Stop Foreclosure and Tell Us Your Story category; Hello folks. I found this site this morning while trying to find out some information about Countrywide, and after almost ...
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| Member Join Date: Feb 2008 Location: NJ
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Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | CW Short Sale Buyer SUCCESS!! Hello folks. I found this site this morning while trying to find out some information about Countrywide, and after almost 4 hours of reading, decided to register and share my tale thus far. I am a first-time home buyer, and found a darn near perfect house that was "subject to bank approval". I did not know at the time that it was Countrywide, and after doing some research on short sales and realizing the potential long wait, I decided to take the plunge and put my offer in on 1/21. The seller agreed to the offer and signed it next day, I was also informed that the Short Sale package was in the hands of Loss Mitigation on 1/25. (Seller's supposedly knew someone that works for CW and had paperwork sent intracompany rather than USPS.) It has now been 5 weeks. We still can not get confirmation that the case has been assigned to a negotiator. I won't get into specific amounts, but my offer is 93.9% of what is owed on the current mortgage. My credit is excellent. I have a rate lock at 5.625% with another mortgage company that will expire on 3/25. The listing agent, the sellers, even the seller's attorney have tried to get in touch with CW to find out where we stand, but in 5 weeks none of them have gotten a callback. This is out of control. I am at the point where I can not wait any longer to take action, as I do not want this rate lock to expire. My question to helpful folks here is as the BUYER, is there anything that I can do to get this case moving? Is there someone that I can call or write in order to get the case moving, or do I need to provide information to the listing agent and seller (through my agent) and have them take the lead? As an FYI, I have zero confidence in the listing agent, so if there is something that I can do as the buyer, I would rather take my destiny in my own hands. Thanks is advance for advice, MtA |
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| Founder Join Date: Aug 2007 Location: Southern California
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Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? Welcome Mike! Yes, there is a lot of info here and a lot of stories. Sometimes it's best to cut to the chase and share your Countrywide tell and I thank you for that! OK, here is some super duper insider info for you. I am sure the seller wants their home sold because they do not want to be foreclosed on and you want it also. What you need to do is get the sellers to write a Qualified Written Request via section 6 of RESPA. With this, the seller can outline their servicing complaints with CW and this will FORCE Countrywide to take a look at the file and give it some grease. Also, if the seller writes this, it will give them a 60 day window to work things out where their credit will be protected for 60 days. You can't lose with that advice Mike. Now go get everyone educated and show them how to do a short sale.
__________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book | Please donate to LoanSafe.org | Loan Modification Training For Attorneys | Rate Your Mortgage ServicerThe comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here. |
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| Founder Join Date: Aug 2007 Location: Southern California
Posts: 16,887
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? Oh, here is some info on the QWR from HUD's website; Loan servicing complaints Section 6 provides borrowers with important consumer protections relating to the servicing of their loans. Under Section 6 of RESPA, borrowers who have a problem with the servicing of their loan (including escrow account questions), should contact their loan servicer in writing, outlining the nature of their complaint. The servicer must acknowledge the complaint in writing within 20 business days of receipt of the complaint. Within 60 business days the servicer must resolve the complaint by correcting the account or giving a statement of the reasons for its position. Until the complaint is resolved, borrowers should continue to make the servicer's required payment. A borrower may bring a private law suit, or a group of borrowers may bring a class action suit, within three years, against a servicer who fails to comply with Section 6's provisions. Borrowers may obtain actual damages, as well as additional damages if there is a pattern of noncompliance. The following is a sample qualified written request from you, the borrower, to a lender. Use this format to address complaints under the Real Estate Settlement Procedures Act (RESPA). Be sure to read more about RESPA, and your rights under this Act, elsewhere on the RESPA site. Attention Customer Service: Subject: [Your loan number] [Names on loan documents] [Property and/or mailing address] This is a "qualified written request" under Section 6 of the Real Estate Settlement Procedures Act (RESPA). I am writing because:
Sincerely, [Your name] REMEMBER: This letter SHOULD NOT be included with your mortgage payment, but should be sent separately to the customer service address. You SHOULD continue to make the required mortgage and escrow payment until the request is resolved. You may bring a private right of action under Section 6, if you suffer damages due to the lender's servicing of the loan. See the RESPA statute and regulations.
__________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book | Please donate to LoanSafe.org | Loan Modification Training For Attorneys | Rate Your Mortgage ServicerThe comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here. |
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| Founder Join Date: Aug 2007 Location: Southern California
Posts: 16,887
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? 12 usc section 2605 servicing of mortgage loans and administration of escrow accounts Source HUD (e) Duty of loan servicer to respond to borrower inquiries (1) Notice of receipt of inquiry (A) In general If any servicer of a federally related mortgage loan receives a qualified written request from the borrower (or an agent of the borrower) for information relating to the servicing of such loan, the servicer shall provide a written response acknowledging receipt of the correspondence within 20 days (excluding legal public holidays, Saturdays, and Sundays) unless the action requested is taken within such period. (B) Qualified written request For purposes of this subsection, a qualified written request shall be a written correspondence, other than notice on a payment coupon or other payment medium supplied by the servicer, that-- (i) includes, or otherwise enables the servicer to identify, the name and account of the borrower; and (ii) includes a statement of the reasons for the belief of the borrower, to the extent applicable, that the account is in error or provides sufficient detail to the servicer regarding other information sought by the borrower. (2) Action with respect to inquiry Not later than 60 days (excluding legal public holidays, Saturdays, and Sundays) after the receipt from any borrower of any qualified written request under paragraph (1) and, if applicable, before taking any action with respect to the inquiry of the borrower, the servicer shall-- (A) make appropriate corrections in the account of the borrower, including the crediting of any late charges or penalties, and transmit to the borrower a written notification of such correction (which shall include the name and telephone number of a representative of the servicer who can provide assistance to the borrower); (B) after conducting an investigation, provide the borrower with a written explanation or clarification that includes-- (i) to the extent applicable, a statement of the reasons for which the servicer believes the account of the borrower is correct as determined by the servicer; and (ii) the name and telephone number of an individual employed by, or the office or department of, the servicer who can provide assistance to the borrower; or (C) after conducting an investigation, provide the borrower with a written explanation or clarification that includes-- (i) information requested by the borrower or an explanation of why the information requested is unavailable or cannot be obtained by the servicer; and (ii) the name and telephone number of an individual employed by, or the office or department of, the servicer who can provide assistance to the borrower. (3) Protection of credit rating During the 60-day period beginning on the date of the servicer's receipt from any borrower of a qualified written request relating to a dispute regarding the borrower's payments, a servicer may not provide information regarding any overdue payment, owed by such borrower and relating to such period or qualified written request, to any consumer reporting agency (as such term is defined under section 1681a of title 15).
__________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book | Please donate to LoanSafe.org | Loan Modification Training For Attorneys | Rate Your Mortgage ServicerThe comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here. |
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| Member Join Date: Feb 2008 Location: NJ
Posts: 22
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? Moe, Thank you for this advice. I have passed this on to my realtor and asked her to find out if the seller's have done this yet. If not, then they need to do this ASAP. I guess there really isn't anything I can do as a buyer as far as 'turning screws' other than call my realtor. (She has the patience of a saint, thank god, or she'd have hurt me by now.) It is my understanding that the seller "did a lot of the upfront work" to get the short sale approved ahead of time, but I have not been given any specifics as to what they had done. I have been told that yes, the seller wants this deal closed quickly (Guess that's a not-so-big secret
__________________ Sometimes it's like life's a tuxedo shop...and I'm a brown pair of shoes. |
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| | #6 (permalink) |
| Founder Join Date: Aug 2007 Location: Southern California
Posts: 16,887
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? No problem Mike. Getting a short sale started is easy with a lender. They say sure, go for it. Now, getting them to work with you on a shot sale is like pulling teeth. So, I assume the sellers called and just got an OK to place it on the market and that's about it. Maybe you can find out who the investor is? If a notice of default has been filed, you may be able to pull up the NOD and see who the investor is and try and make direct contact. I have not done this myself, but I am hearing of some savvy people doing this and getting results. Just make sure the seller do the QWR and my guess is that your Realtor, their Realtor and they, do not know what is. So, my guess is that it needs to be done pronto. Your the brown shoes and I am the shoe horn...hahaha
__________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book | Please donate to LoanSafe.org | Loan Modification Training For Attorneys | Rate Your Mortgage ServicerThe comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here. |
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| Re: CW Short Sale Tale from a buyer's persepctive - advice? Country Wide Short Sales are very slow and tedious.....very slow and tedious, like if they were any slower you would be going backwards...have they gotten to the point where you have been told that you must be qualified and approved as a borrower through Country Wide? If not that is one of the criteria, the other problem is that they are reviewing the seller's financial data to determine if Short Sale is legitimate, i.e. that the Seller is truly unable to afford the house. That means full financial package and full review. They need to then appraise the house with one of their approved appraisers to determine that the offer is within the market and acceptable for the market. Next they have to get their investor, i.e. the owner of the loan to approve the whole thing...... That is the problem, the whole process has been known to take up to 3-4 months, and as many as they are processing, it may get worse in the near future. There are a lot of things that have to be considered and the biggest one is that you and the Seller are in a queue that is not moving very rapidly. This is not a decision that they can make over night. My suggestion is that the agent take the same stance that I take with borrowers/homeowners here on the forum....call, call, call and fax, fax, fax....that seems to get attention and help force the situation. The QWR as Moe suggested also assists and sometimes dramatically to cut the time in the queue down. |
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| Member Join Date: Feb 2008 Location: NJ
Posts: 22
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? Quote:
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This is where things get a little hairy / interesting. I just found out Friday that the seller has PMI on his refi...which is VERY odd from where I sit. At any event, the PMI company is now involved and has ordered their own survey using CW's approved appraisal company in the area. They obviously don't want this to go to foreclosure because they'd have to pay out, so they are now turning the screws at CW to get this deal done. The scary part here is that if the PMI company is involved, I fear this house is closer to foreclosure than I was lead to believe, but I am hoping that having them join the fight to make this happen is a positive and will help get things moving fast.
__________________ Sometimes it's like life's a tuxedo shop...and I'm a brown pair of shoes. | |||
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| Re: CW Short Sale Tale from a buyer's persepctive - advice? OK you have had the Country Fried introduction to OUR version of a Short Sale and we can do it 'cause we are who we are. HAH, they are delusional. Per RESPA you may use any lender you care to use....that is a RESPA regulation that went into place eons ago and you can not be forced to use a lender by the lender who is in essence the driving force behind the sale or any other party for that matter, lender choice is the borrower's choice. So recite RESPA to Country Fried and get your loan where ever the heck you want to..... The financial issues with the seller are most likely reviewed and OK by Country Fried so that would at this point be the last worry you should have. Worry not about the appraisal issues, they will generally solve themselves if the information that you are reflecting is accurate...market drives the price and given that it is a reasonable offer we are seeing them accepted and agreed to. Now to the PMI issue, this is not something that you should necessarily worry about. PMI insured the original loan with the seller and if there is a loss they must participate in that loss in a percentage basis. So if PMI insured for 30% coverage now they have to determine just how much they are exposed, and what percentage of the short fall they have to cover in the Short Sale, i.e. the percentage is weighted and determined by ratio and percentages of the loss so that it can be born by all parties equally. PMI should not throw a wrench in this deal, they are getting out of this for less than the 30% coverage they they have extended (30, 25, 20...whatever). So paying less is always preferable than paying more in these circumstances for the MI company. PMI just has to justify the loss and valuation as well on the Short Side, they are very experienced in these matters and will have no problems working through the process. The relationship that the MI companies have with the lender is contractual in nature and the mandate to the Lender is to minimize losses...as they are all exposed, vulnerable and at risk. You are correct in the assumption that PMI will join to make the loss more palatable to them, so they are a reasonable ally in the goal to get the short sale done. They do not want to bear the exposure and loss on the full 30% coverage or whatever coverage they are exposed to. They however, have to be involved to make sure from the insuring side that the offer is bonifide, reasonable and within their tolerances of value and terms. |
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| Member Join Date: Feb 2008 Location: NJ
Posts: 22
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? Quote:
And thanks for that viewpoint on the PMI situation. That makes perfect sense now, and puts my mind at rest for the most part. Like I said, the part that concerned me was no so much that they were getting involved, but I guess I correlated the fact that they are now involved to the possibility that the house might get foreclosed on before my offer is approved. Since I already have an offer on the table and agreed to, attorney review completed...this is probably a dumb question too, but can CW foreclose on the property at this point (assuming that the seller's don't get the QWR done soon) and kill the deal from under me?
__________________ Sometimes it's like life's a tuxedo shop...and I'm a brown pair of shoes. | |
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| Re: CW Short Sale Tale from a buyer's persepctive - advice? With the short sale pending and in the works...with a qualified borrower/buyer they should be able to postpone the foreclosure sale with the Project Hope issues that are in effect.....have the agent get that one in their ears, make sure that all parties are informed of the postponement, the left hand does not know what the right hand does there. Often the Attorney's office handling the F/C action does not know that it was postponed at the Lender/Servicer - Country Fried side....and visa versa....so make sure that a fax is sent to all if it is postponed to confirm that they are all informed....fax 3 times, property address, loan number, borrower name and last four of borrower SS# on every page to make sure that it is confirmed, recognized and filed to the proper property and borrower...never leave anything to risk with these folks.... |
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| Member Join Date: Feb 2008 Location: NJ
Posts: 22
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? Well, just heard from my realtor. The PMI Company has the appraisal ordered, and they have Countrywide on board with this one, as Countrywide has agreed to use the results of that appraisal as opposed to ordering their own, so that will save some time for sure. All the paperwork needed is in place, and PMI told the seller's attorney that they are making sure this doesn't go to foreclosure. I'm still being told that we're looking at 6-7 weeks to close, but at least things are moving forward now. This is going to be a long 6 weeks.
__________________ Sometimes it's like life's a tuxedo shop...and I'm a brown pair of shoes. |
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| Re: CW Short Sale Tale from a buyer's persepctive - advice? I knew that PMI would come in the side of RIGHT, they have a lot at stake too, and do not want this as a loss in their system....they are all taking it in the shorts, MI Companies and Lenders.... Way to go PMI !!!!!!! (I have contract underwritten for them...so I am glad that they came through for you). |
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| Member Join Date: Feb 2008 Location: NJ
Posts: 22
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? It's been almost a month, so I figured I would stop in and give an update. PMI's appraisal was done, CW went and ordered their own appraisal also and that was done. This was 2 weeks ago. We are now waiting to hear back on the approval of the sale. The current owners have moved out as of last week, and are no longer living in the house. I passed several of the numbers listed here to my agent to give to the listing agent and the seller's attorney, hopefully they get the approval soon. Problem here is I am at the point where my extended rate lock will expire in 3 weeks, and have made it clear that if that expires, there's a 50/50 chance I will withdraw the offer so time is very much of the essence now...especially since I also found out the owner is now 2 months in default. (Maybe I'm looking at this wrong, but if I pull out now there is no way they will find a buyer before the month is up, and this house will go to foreclosure.)
__________________ Sometimes it's like life's a tuxedo shop...and I'm a brown pair of shoes. |
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| Member Join Date: Feb 2008 Location: NJ
Posts: 22
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? One more quick update for you guys. Tuesday night I used some contact information from another thread and sent an e-mail to just about everyone I could at Countrywide, plus some media outlets. Wednesday around 1PM I got a voicemail from Raquel Robinson...you probably recognize that name, right? Well, I got her voicemail a few times, figured I would hear back today. Last night I got a phone call from my realtor. CW FINALLY signed off on the sale! We are now just waiting for the PMI Company to sign off, which should happen today or tomorrow, and we are back on track to close by April 24th. I do feel kind of bad telling the story from a buyer's perspective, especially since there are so many people here that are going through this process trying to save their homes. I did want to say that I strongly believe that this site is a tremendous resource, and reading the threads here about people saving their homes is proof of that. The information here is invaluable, and I hope that people that are trying to save their homes utilize this site to its fullest extent. You guys are doing a great thing here, and I can not thank you enough for compiling all this info on your site!
__________________ Sometimes it's like life's a tuxedo shop...and I'm a brown pair of shoes. |
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| | #16 (permalink) |
| Founder Join Date: Aug 2007 Location: Southern California
Posts: 16,887
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? Great news Mike and thanks for taking the time to give us updates. That is paying it forward. Hey, you buying this home, actually saved someone going through foreclosure. So, this works out great for everyone. I wish you the best and if you ever find someone in need, let them know about Loan Safe.
__________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book | Please donate to LoanSafe.org | Loan Modification Training For Attorneys | Rate Your Mortgage ServicerThe comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here. |
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| Member Join Date: Feb 2008 Location: NJ
Posts: 22
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? Well, here's another update. Countryfried has virtually screwed me here. They have been giving me information that the approval package was mailed, was faxed, etc. for the last two weeks. Now, three days before we are trying to close, I find out that the owner never signed the paperwork agreeing to the sale, so for two weeks we've been chasing CW when we should have been chasing the owner. I am so disgusted with the situation that it is not even funny at this point. I am actually taking this afternoon off to go to the listing agent's office myself to make sure this form gets signed and sent to CW, along with a letter authorizing release of information to my attorney in hopes of keeping the closing as scheduled. When asked why I was told on two different occasions that the approval letter was sent, all CW could say was "That was a mistake in our systems." Seriously, livid is barely describing how I feel about this situation right now. This owner apparently doesn't care that he'll likely get foreclosed on if he doesn't act today, and the chances of buying this house have gotten very slim. Honestly, I wish it was someone on here selling this house. At least the people here care about their credit and their lives after the fact. This guy doesn't seem to care about either.
__________________ Sometimes it's like life's a tuxedo shop...and I'm a brown pair of shoes. |
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| Re: CW Short Sale Tale from a buyer's persepctive - advice? You have identified a key problem with short sales and why many of them simply don't succeed. The seller is generally viewed as a nominal party and it may, from a practical standpoint, not be in their favor to cooperate. It is sort of the "what's in it for me" syndrome. Because of lender restrictions where they want to be sure that the seller receives no "behind the scenes" hidden benefit from the transaction, these deals are generally challenging to close. Good luck, Daniel |
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| Member Join Date: Feb 2008 Location: NJ
Posts: 22
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? I was just informed that Countrywide has asked the seller to sign a Promissory Note in the amount of $10k as a part of the sale approval....and he is refusing to sign. Things just went from bad to worse.
__________________ Sometimes it's like life's a tuxedo shop...and I'm a brown pair of shoes. |
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| | #20 (permalink) |
| Member Join Date: Feb 2008 Location: NJ
Posts: 22
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? And to further complicate things, I just found out that it's not CW asking for the note, it's the PMI Company!
__________________ Sometimes it's like life's a tuxedo shop...and I'm a brown pair of shoes. |
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| Re: CW Short Sale Tale from a buyer's persepctive - advice? Yep. Hence the proposal I outlined in my posting on the site today, see: http://www.loansafe.org/forum/you-go...alk-aways.html If Congress and the Countrywide's of the world would read it carefully and work towards implementing it, the result would be an orderly adjustment of the real estate market. After all, why should your seller do a damn thing other than live in the property, rent free, for as long as possible? Daniel |
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| Junior Member Join Date: Apr 2008
Posts: 1
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? I myself am in the same kind of situation as a buyer of a property that has been up for short sale since 2-11 with countrywide. I was wondering APEMAN when you emailed who did you email and also what did you say in your letter. I want to make sure I don't mess things up because I think they are looking at our offer now but we haven't heard back. Thanks again |
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| Member Join Date: Feb 2008 Location: NJ
Posts: 22
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? Compman - see below. Just be smart and don't copy it word for word! Here's a question before I get to the info Compman was asking for: Can anyone give me a legal reason why the seller would not sign a promissory note? I understand him not wanting to leave this with a $10k debt, but my attorney mentioned something to the effect of 'he might not want to sign it because he's hiding something'. This is the part I'm confused about. If he signs a promissory note, does that give the PMI Company the authority to go after him for additional capital, if he was by chance hiding funds somewhere? Sure, the guy is losing his home and doesn't want to incur more debt at the same time, but wouldn't a promissory note look a lot better on a credit record than a foreclosure? Now, Mods if pasting this here violates any rules, I will gladly delete the info below. I don't think it does, but just want to be clear that I'm not trying to break rules. As for the actual body of the letter, with my name and property address replaced: Quote:
Moe mentioned "pay it forward" in a response to one of my posts. This e-mail helped me get the ball rolling, so hopefully using this as a draft will help someone else get the ball rolling as well.
__________________ Sometimes it's like life's a tuxedo shop...and I'm a brown pair of shoes. Last edited by Moe Bedard; 04-23-2008 at 08:30 AM.. Reason: posting updated emails............ | |
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| | #24 (permalink) |
| Member Join Date: Feb 2008 Location: NJ
Posts: 22
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? Thanks, ***. Took about 3 or 4 drafts to get it to the wording I was comfortable with, but it seemed to work. Oh, and as an update, the seller's attorney got the PMI to reduce the note to $3750, so hopefully the seller agrees today to sign it.
__________________ Sometimes it's like life's a tuxedo shop...and I'm a brown pair of shoes. |
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| | #25 (permalink) |
| Founder Join Date: Aug 2007 Location: Southern California
Posts: 16,887
Nominated 0 Times in 0 Posts TOTW/F/M Award(s): 0 | Re: CW Short Sale Tale from a buyer's persepctive - advice? I hope so too Mike............ You will actually be a Success too...........from another perspective......you will have saved a home from foreclosure........so this is also a good success story....... That amount he should go for...........one would hope....... Let us know how it goes......
__________________ Moe Bedard Founder LoanSafe.org "America's #1 Home Loan Forum" LoanWorkout.org "America's # Loan Modification Blog" Get My FREE Loan Modification E-Book | Please donate to LoanSafe.org | Loan Modification Training For Attorneys | Rate Your Mortgage ServicerThe comments by me and the materials available at this web site are for informational purposes only and not for the purpose of providing legal advice. Most of the information you find here is easily available on the internet. You should contact your attorney to obtain advice with respect to any particular issue or problem. The opinions expressed at or through this site are the opinions of the individual author and may not reflect the opinions of the firm or any individual attorney. Please Read our Privacy Policy and Legal Disclaimer Here. |
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