Replies to This Discussion

Permalink Reply by Kent Dills on June 30, 2010 at 2:47pm

Tina, just push back and let the negotiator know that your seller has no money and can't pay any of the closing costs.

Permalink Reply by Tina Farinas on June 30, 2010 at 3:09pm

Thanks Ken, that's is what I am about to do. I just wanted to know if this was truly a standard verbiage right out of the HUD PFS form because it is there :-)

Kent Dills said:

Tina, just push back and let the negotiator know that your seller has no money and can't pay any of the closing costs.

Permalink Reply by Michael Schneider on July 1, 2010 at 6:56pm

Google for Mortgagee Letter 2008-43, if you don't have it already. Then, read it, again, and again. And, remember, this document is written for the mortgagee, meaning the Servicer. So, some parts apply to fees that HUD will pay to the Servicer, not directly to fees on the closing HUD1 settlement sheet.
I have done quite a few FHA/PFS short sales, in all cases HUD paid property taxes, adjustment and delinquent. I have not seen this language. Does not sound like HUD language to me.
Is "Assesment" for Homeowners Assocation or property tax? It matters which, I think.
Secondary liens are generally the hard part on these.
And, read the $1000/$750 incentive section carefully.
HUD means every word they write, precisely. If something is permitted by 2008-43, you are in, if not, then most likely not. This is my experience.

Permalink Reply by Alexander Max on July 9, 2010 at 3:18pm

sounds like it needs to be cleared up. Does your client have funds available that would indicate to them that they can ask for this . The lender should of provided a "Approval to Participate " providing you with the net acceptable proceeds that it will take to settle the default.

Permalink Reply by Tina Farinas on July 16, 2010 at 12:10pm

@ Thanks for your comment...I will be googling the mortgage letter as you suggested.

Michael Schneider said:

Google for Mortgagee Letter 2008-43, if you don't have it already. Then, read it, again, and again. And, remember, this document is written for the mortgagee, meaning the Servicer. So, some parts apply to fees that HUD will pay to the Servicer, not directly to fees on the closing HUD1 settlement sheet.
I have done quite a few FHA/PFS short sales, in all cases HUD paid property taxes, adjustment and delinquent. I have not seen this language. Does not sound like HUD language to me.
Is "Assesment" for Homeowners Assocation or property tax? It matters which, I think.
Secondary liens are generally the hard part on these.
And, read the $1000/$750 incentive section carefully.
HUD means every word they write, precisely. If something is permitted by 2008-43, you are in, if not, then most likely not. This is my experience.

Permalink Reply by Tina Farinas on July 16, 2010 at 12:11pm

@ Alexander...yes I have the Approval to Participate letter. That is where the verbiage is and unfortunately my seller has no funds to contribute. Thanks.

Alexander Max said:

sounds like it needs to be cleared up. Does your client have funds available that would indicate to them that they can ask for this . The lender should of provided a "Approval to Participate " providing you with the net acceptable proceeds that it will take to settle the default.

Permalink Reply by Wendy Rulnick on August 26, 2010 at 4:11pm

Tina - It does say that but I've had HUD pay it for my sales... The rest of the settlement statement needs to be very clean.