Wells Fargo Short Sales

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Wells Fargo Short Sales

Wells Fargo and ASC (America's Servicing Company)

This group is for information, tips and solutions for Wells Fargo short sales.

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Latest Activity: Jan 6

Wells Fargo Short Sale Information

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Wells Fargo Short Sale Info and Items Needed

Wells Fargo Short Sale Dept 1-866-903-1053    (see below for ASC forms)
Short Sale FAX 1-866-969-0103
Letter of Authorization Fax 1-866-917-1877

Mortgage Servicing 1-877-841-5301.

Wells Fargo Line of Credit Division 866-961-6861 or 866-970-7821

Third Party Authorization: 866-917-1877 (fax)
Fax: 866-834-7850 or 866-834-7949

Email format [email protected]
OR [email protected]

ESCALATION DEPARTMENT 866-605-0829

Wells Fargo Executive Offices:  800-853-8516

Discussion Forum

Denying Buyer

Started by Susana Nunez. Last reply by Cami Pinsak Oct 26, 2017. 10 Replies

Escalation

Started by Steven Jackson. Last reply by Ben Benita Oct 18, 2017. 2 Replies

Comment Wall

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Comment by Dean E Eshelman, CPA, CDPE, IRES on November 24, 2014 at 9:20pm
Brenda Houghton Thanks.
Comment by Brenda Houghton on November 24, 2014 at 3:18pm

In Texas, a title company representative isn't allowed to sign a non-promulgated form from a 3rd party. My title company has a stamp which states this, and they stamps the short sale affidavit form accordingly.  Prior to the stamp, the attorney at the title company would write a statement on the form that they will not/can not sign it. Period, end of story. The banks have to accept it. I would think the seller's title company should be the one to sign 'thanks, but no thanks'.

Comment by Dean E Eshelman, CPA, CDPE, IRES on November 24, 2014 at 2:48pm

Both Buyers and Sellers Title Companies say they will not sign Short Sale Affidavit -- Now what?   https://reo.wellsfargo.com/short-sale.aspx (Shortsale Affidavit PDF) Only one place for one title company to sign anyway - so which are they wanting to sign -- Seller's Title comp?

Comment by Vincent Donaldson on October 4, 2014 at 6:54pm

 

Hello again, I was totally confident this matter was at an end. I submitted your copy of a "Conditional Commitment to Release Tax Lien" Brian, and one from another forum realtor who helped as well. Between the two, one a judicial state, Pennsylvania, and the other a non-judicial state, California, we not only provided the precedence required, but proved the type of foreclosure state was not an issue in getting one issued.

Instead of IRS Letter 402 (12-2004) “Conditional Commitment to Discharge Certain Property from Federal Tax Lien,” I got another 4 page denial explaining why the governments first right of redemption had to be preserved and the taxpayer had to be divested of ownership rights in a confirmed sheriff sale before they could issue the release. At the end of that letter was a two sentence acknowledgement saying, "We have received the copies of 'Conditional Commitment to Discharge Certain Property from Federal Tax Lien.' one was from Pennsylvania, the other from California," they said. Then they just close the denial letter.

No comment, or attempt to address their own form letter 402 (12-2004) that provides the same divestment of taxpayer rights, and the governments first right of redemption preserved, with the exact same verbiage they use about the sheriff sale, but allows it to be done with a short sale. It’s in the 4th paragraph from the IRS form letter they initially seemed to have had no knowledge of, and with this denial, simply ignored:

This is bordering on outright incompetence and I said as much in an appeal to the White House that is now before the Federal District Attorney. Not only are they refusing to provide the conditional release letter, or even acknowledge the existence of such, but they told the congressman's representative they had based their decision on two appraisals showing the property over $100,000 more than the selling price, one from 2011, and the other from early 2013! To my knowledge, there is not a real-estate judge, attorney, agent or bank that would consider an appraisal older than 12 months. Much less base a decision on it. And that’s with two current appraisals showing it worth now below the selling price of $350,000 due to an overbuild in 500K properties.

I'm in Oklahoma, can I please request anyone who has obtained that Conditional Commitment to Release Tax Lien, on an Oklahoma short sale to please provide a copy? I'm hitting the court house Monday to search, but counsel has said that without specific case numbers, I won't find much. We expect some word from the Federal appeal in a couple of weeks, but after this, I'm not as confident as I was of obtaining this basic Conditional Commitment to Release Federal Tax Lien form letter.

Sorry for the long post. It's a strange situation. Don't think there’s any precedent. If anyone has had an IRS block to their short sale like this, please let me know how you overcame it.

Comment by Vincent Donaldson on September 22, 2014 at 6:52pm

 

Brian, Thanks very much for your post...

I sent the following note with a PDF of your email and instructions. As noted to the congressman’s constituent case worker, I have done all you advised 6 months ago to the T. However we, for reasons unknown have gotten nothing but unsubstantiated push back from the IRS indicating a seeming lack of knowledge of these procedures, at least by the contacts I am dealing with, to the point of advising the buyer actually wait to bid at the sheriff sale as they could not release the lien, even with the bank settlement letter in their hands.

I have engaged an attorney who verified our position in requesting a lien release conditioned to page six of the bank settlement letter which concludes the foreclosure when funds are transferred and the sale is closed, which completely releases all the taxpayer ownership rights. He also sent them a copy of the court judgment which also did the same, yet they are persisting on not releasing this.

The Taxpayer Advocate Office said they needed specific evidence of a certificate of discharge, arising from a conditional letter of lien release, in a judicial foreclosure state anywhere, which is linked to a short-sale. That will then provide the precedent needed for the Tax Payer Advocate to issue what they referred to as a “Tax Payer Assistance Order” which would require the same certificate of release, conditioned upon page 6 of the Bank approval letter, namely the The terms of approval are after certified funds are received and approval is final… to be issued in this short sale case as well.

This is the strangest case anyone involved from us, to the President of Wells Fargo’s presidential escalation team, has ever heard of, in which the IRS seems to have no memory of issuing lien releases to bank approved short sales and needs a case number as evidence that it ever happened.

However, that is the order for this matter. Could you please, please just fax me over a copy of one of the lien releases you obtained for a short sale? They are public record, but even public library researchers and attorneys have refused to take on that kind of a search needed to find a specific lien release tied to someone’s foreclosure suit case, ending with a short sale. The State Case Number for that particular short sale is also public record and will also serve the purpose of providing the requested documentation that will trigger the order to provide our release.

 We are pressed with now the end of nearly 6 months with both Bank and Buyer saying the 30th is the end of this effort and the case will be closed and forwarded for the sheriff sale. Please fax over a state case number or two that had such a release attached to its final resolution. The congressman’s office was told they expect the long awaited final determination by Wednesday. But I really need to send them the evidence they demanded to insure it goes in our favor. My contact info is below:

Vincent Donaldson, Reddy Realtors, Cell 918-804-6217 FAX 918-779-7025

Thank you!

 

From Congressman’s office case worker:

Vincent,

I will send this on immediately.

I spoke with the Tax Payer Advocate Lead this morning and she expected a ruling last Friday.  Called and the person handling the case will be back in the office tomorrow.  We should hear something by Wednesday.

Comment by Vincent Donaldson on September 20, 2014 at 9:39pm

 

Hello, I have had approval from Wells Fargo for 5 months plus and have only till the 30th left to get an IRS lien release. For some reason the IRS people we have dealt with have no knowledge of Conditional letters of Lien Releases which are conditioned to page 6 of the approval letter, namely the The terms of approval are after certified funds are received and approval is final…

 

I hired an attorney to research the matter, who provided the judgment on the owner, which he said would serve to cause the release to be issued. However, the taxpayer advocate’s office told my congressman’s office they would need a precedent presented in the form of an actual state foreclosure case number or lien release that is tied to the execution of an approved short sale instead of a sheriff sale. Both these items are public record, but I have been unable to find how to properly research them.

The head of Wells Fargo presidents escalation research team looked up three years of short sales with IRS lien releases attached and said not one had failed to have the lien release issued when the bank settlement approval letter was presented. Although Wells Fargo has been quite helpful in this matter, bank regulations forbid his forwarding the specifics of that research me. It’s been termed a “Conditional Letter of Lien Release” by various entities.

 

Our congressman’s office has worked this issue back and forth with the Tax Payer Advocate’s office for 4 of the last 5 months with initially a negative response telling us to just have the buyer wait till the owner was relieved of ownership rights at the sheriff sale. Something all of us including our Wells Fargo contacts were surprised to get.

We are awaiting the latest “determination” based on the findings of my IRS attorney contending such releases are indeed issued for short sales as well as sheriff sales, as has been the experience of Wells Fargo short sales for over 3 researched years where IRS liens were involved.

 

However as noted above, it is that silver bullet I’m looking for that they said would guarantee the release. That needed specific evidence of a certificate of discharge, arising from a conditional letter of lien release, in a judicial foreclosure state anywhere, that is linked to a short-sale; that will then provide the precedent needed for the Tax Payer Advocate to issue what they referred to as a “Tax Payor Assistance Order” which would require the same certificate of release, conditioned upon page 6 of the approval letter, namely the The terms of approval are after certified funds are received and approval is final… to be issued in this short sale case as well.

 

Has anyone had experience getting an IRS lien release for their short sale, and could you please provide me a case number or lien release number that I can forward to my congressman’s office, so they can forward it to the Tax Payer Advocate’s office and finally get this short sale successfully closed? My Fax is 918-779-7025

 

Thank you!

Comment by Duane Murphy on September 18, 2014 at 8:42am

AWESOME! Thanks Kevin!

Comment by Kathryn Carlson on September 18, 2014 at 8:27am

With the new short sale rules-- isn't there a required time frame for a short sale file to be submitted, reviewed, and feedback?  Please advise.  Thx.

Comment by Kevin - Greenville, SC on September 18, 2014 at 8:01am

Duane,

Here is their contact info. send in your authorization with the FHA Case # on it.

FHA National Servicing Center 

(877) 622-8525 Customer Service

(469) 674-4451 Fax

[email protected]

301 NW 6th Street, Suite 200
Oklahoma City, OK 73102
National Servicing Center:

Comment by Duane Murphy on September 18, 2014 at 7:27am

Hello.

Going on 4 months waiting for a FHA approval. I have heard mention of opening a HUD ticket or requesting help from them.

How does one go about doing that??? I've never done that with any of my other short sales and at this point will do anything to get this one done!!

Thanks!!
Duane

 

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