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7-9-13 Updated Pre-Foreclosure Sale (PFS) and Deed in Lieu (DIL) of Foreclosure - Effective 10-1-13.
FHA National Servicing Center
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National Servicing Center:
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FHA Contract Clause
"Sale is contingent upon the seller receiving prior written approval of Insert Name of Lender/Servicer."
FHA Listing Agreement Clause
“Seller may cancel this agreement prior to the ending date
of the listing period without advance notice to the broker, and
without payment of a commission or any other consideration if
the property is conveyed to the mortgage insurer or the mortgage
holder.” The sale completion is subject to approval (under HUD
guidelines) by the mortgagee.
Started by Noelle Battle. Last reply by Short Sale Superstars LLC Nov 22, 2019. 5 Replies 0 Likes
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Comment
CONDO DUES - UNPAID BALANCE $20,000
Will FHA guidelines allow the servicer to pay the unpaid dues (not including atty fees, interest, etc) at this level? I understand the offer would have to be sufficiently high to be able to pay the large condo dues claim, yet still meet the FHA minimum net payment.
Thanks, Joe. BTW, the allowable costs the buyer asked for were title examination, owner's title insurance, state tax stamps and a portion of the settlement fee to round it off to $1,500. These were the same exact cost that were approved by HUD for a previous buyer on a FHA short sale, PLUS 1 percent of the loan amount to go toward loan costs.
I don't know if that is a HUD rule, haven't run into it. I would talk to BofA escalations (hit 5 instead of 1). They are more dedicated and knowledgeable than regular SS reps. My next step would likely be to talk to HUD. If you get a nimrod there, you get braindead answers, so you need to know if you are talking to an analyst or you want them to quote you the rule - yeah, they can be bad. Assuming questionable or undefinitive answer there, I'd try tweeting BofA_Help. Oh, and HUD normally routes your first call to them directly to BofA pretending to be HUD, BTW. A callback to HUD will get you to a real HUD analyst.
I just had BoA reject seller paying the Allowable Costs, even though we itemized them in the contract, because the buyer is not getting an FHA loan. The net wasn't the issue, just the costs. Negotiator said those costs are only allowed under the 1 percent rule for FHA buyers. Our buyer is willing to amend the contract, but does anybody know how to escalate this, or am I wrong?
Thank you!
They have done it both ways. A new one just because the comps i submitted where good enough and varied enough that they did a new one and they have also done one once it expired. If you have a negotiator who is working with you then they might be able to get the appraisal successfully disputed. If not, I would go to HUD directly.
Thank you Paola, in your experience, will they only consider a new appraisal once the current has expired, or will they complete the new appraisal anytime? Should I request this from the Servicer or directly request to HUD/FHA? Thank you!!
Yes, however, they always opted to get a new appraisal instead of adjusting the value. Actually, they may have asked the appraiser to see if they could adjust. I don't remember for sure but i think most of the time they would complete a second appraisal.
Has anyone ever been able to complete a value dispute with HUD/FHA?
Tony and Robin, is the net tiered proceeds still being met with the $3000?
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