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Does the Title Company and/or Attorney have issue with it?
I would find another title company.
I agree Terry, I would be concerned too. I would email the Note, Mortgage and Deed over to the short sale lender and ask them again to revise the letter as all 3 sellers are obligated to pay the loan. Keep us updated, I would be interested to see how this works out for you!
Thanks Terri. I have asked the negotiator to upload a task in Equator so I can send her the documents but so far no luck. If I don't succeed with that I'm going to call regardless of how much they want everything done thru Equator.
What does this have to do with title company giving clear title? The title companies job is to research the title and to issue clear title and title insurance. Are they saying that the title is not insurable because all of the sellers are not on the approval letter?
No - the title company agrees that this leaves the third party open to liability for the loan while releasing the other 2. If the third party wasn't on the note we would be fine but he is indeed on the note.
Title insurance? How would title insurance leave anyone liable for a loan? Your title company is mixing apples and oranges. Find a new title company that understands short sales. I just sent a message to my title company and they concur that if the lender is agreeing to the short sale and they can issue clear title this is not a title issue, it is a legal issue between the lender and borrower.
Title insurance has nothing to do with your sellers being protected from the ramifications of a short sale. Title insurance is to insure that there are no past title issues. As long as all three that are on title sign and agree and sign the closing paperwork, that is all the title company has to worry about.
I understand the title insurance role in this. Our fear is it leaves the third party open to liability as he is not named in the short sale approval letter. The title company I use totally understands short sales and this has nothing to do with them issuing clear title. We just all agree all 3 parties should be on the approval letter. I will advise the sellers to speak with a real estate attorney regarding this if Wells Fargo won't add the third seller to the letter.
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