Good Morning,
We have a HAFA short sale approval with BOA through LRC. There is a $92,000 judgment on the Seller which is clouding the title. LRC / HAFA has agreed to pay the judgment creditor the $6,000 allowed to subordinate lien holders. The judgment creditor will only fully release the judgement for $20,000. Can the Buyer pay towards the judgment to get the full release? We need to be able to show it on the HUD.
Thanks for your valuable input!
Pam
PS We have done this exact scenario with buyer paying towards 2nd; however have not tried on HAFA SS ???
Tags:
Yes buyer can pay towards second.
The $14K goes on the buyers side of the HUD payable to the 2nd lienholder.
If the buyer is financing, then always best to have him run by his lender first to make sure that that money is not going to jeopardize his loan to purchase.
Mary, Have you gotten this approved on a HAFA? We have accomplished it just as you outlined on a regular BOA short sale. Thanks for your quick reply!
Unless this property is being sold drastically under-market, WHY would a Buyer be willing to sink an additional $14,000 in cash into the property? What if, no one except the 1st pays the judgment holder anything? Are they willing to receive nothing at all? What kind of judgment is this at $92,000 !
Good luck !
Thom Colby
Broker
Newport Beach & Palm Desert CA
Yes...the property is a killer deal (already approved). The judgment is a personal line of credit that the owner had with Wells Fargo. Totally unrelated to this property. He was a builder; and they got a summary judgment. WF (so far) will not take $6,000 to release the lien. The buyer is willing to pay $14,000 in a heart beat. Our concern is will HAFA guidlines allow the buyer to pay?
Not always. It would have to be Approved by all parties who are agreeing to accept a short-payoff. Sometimes Investor Guidelines prohibit (but 'sometimes' even this is negotiable).
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