Replies to This Discussion

Permalink Reply by Celeste ODea on January 9, 2013 at 3:24pm

Most likely she will have to sign an affidavit and have it notarized that his lien is not hers. The title company can prepare it for you.  In addition, you might get the title company to write a letter to WF telling them that the title is clear and the property can be sold.  I had to do that on one of mine because FHA was having a hard time accepting the 8 "satisfied" liens, and the lender didn't understand how to read them.

May I ask you how you" researched" the WF rep's track record?  That's something I could use!  

Permalink Reply by joe beauchamp on January 9, 2013 at 8:55pm

Consider that you are usually dealing with a "low level employee" with the extra FHA constraint of frequent silly rules. You need to let this employee say that he did his job. When there is a concern, you need to get rid of it, not try to explain and use logic with the bank - that doesn't ensure the employee that he won't get blowback, etc. For liens (which is another stupid rule that you cannot even get an ATP until everything is settled about the closing when you don't even have a buyer..??), you want to get an affidavit notarized that gets the bank employee off of the hook. Either "these are not my judgments" or so-and-so will pay this, or it seems like in your case, "this is not a judgment lien against the property but an unsecured judgment" or some such.

It is just a mindset that helps - don't try to use logic, you need to get the bank employee off of the hook - he has a (often, in my opinion) poor title search and has instructions (as he should have sent to you) to supply an affidavit stating they are not yours or a letter stating that so-and-so is paying for them. Then he is off the hook. Make sense?

You need something that this employee can point to which shows it was not his decision, it was your document.

Permalink Reply by Corinn on January 10, 2013 at 3:23am

Seth, I've had this same exact situation occur and I understand the headache.  We involved an FHA rep., which helped in the process and the "No Lien Affidavit" was required in order to move forward, but I did have to get a WF manager involved.  Message me for additional info if you'd like!

Permalink Reply by Kevin - Greenville, SC on January 10, 2013 at 9:45pm

There is a no lien affidavit in this thread that WF sent to me awhile back -

http://shortsalesuperstars.com/group/wellsfargoshortsales/forum/top...

Permalink Reply by Seth Russell on January 22, 2013 at 12:08pm

Corrin..In your example..did WF provide you with the 'No Lien Affidavit' or did your title officer provide this? I'm still waiting on W/F and FHA has been 'non-engaged' to be polite. I'm getting ready to pull out the big guns against this lender and kick the FHA Nat'l Service Center ticket up the chain of command.