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Current deal with a Citi mortgage 2nd and they are really on top of things. They have been proactive, and not only answered calls but made some calls to check in with things on my side. Knock on wood.
@Wendy - FANTASTIC! Thank you!
I believe FNMA and Freddie do not hold 2nd liens only 1sts - so the rule will likely not apply to the 2nd. Try to get around it by accepting the reduction on the commission applicable to the amount of the 2nd and reduction not applied to the 1st.
Let us know what happens !
Thom Colby
Broker,
Newport Beach CA
Reply to Michael Schneider comment made on November 18, 2010....
Hi Michael,
I recently joined the group and just read your post. I'm not sure where you are with the negotiations on the $14K CitiFinancial 2nd but it's against federal law for the bank to reduce agent commission as a condition to close at least in writing.
Please read the following taken from the Fannie Mae Servicing Guide Announcement 09-03 published February 24, 2009 and written by Michael Quinn, Sr. VP Single-Family Risk Officer...
No Negotiation of Preforeclosure Sales Commission
Servicing Guide, Part VII, Section 504.02: Contacting Selected Borrowers
Effective March 1, 2009, closing of preforeclosure sales may not be conditioned upon a reduction of the total commission to be paid to real estate agents to a level below what was negotiated by the listing agent with the borrower, unless the fee exceeds 6 percent of the sales price of the property in aggregate. Servicers are reminded that they must continue to obtain any approvals that may be required by interested third parties in connection with preforeclosure sales."
I don't know how useful it might be to wave this in front of the negotiator but it is the law. The question is the legislation enforced and what's the penalty for lenders that don't comply.
Also, the announcement states that Servicers should contact Fannie Mae’s Servicer Support Center at 1-888-FANNIE5 (888-326-6435) if they have questions about Announcement 09-03.
Of course, CitiFinancial will claim that they are not a 'Servicer' but that might be debatable.
Hope this helps if not for this case then for future deals.
Sincerely,
Wendy
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