There is a $1600 difference between what B of A will give the second and what the second deed of trust wants. The buyer is willing to pay this but our negotiator says Bank will not approve this. We suggested that the buyers agent pay this and get reimbursed from seller concession but still we are told no go. Any ideas? 

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Comment by Anna Chroscicki on November 18, 2011 at 3:17pm

I did say that this difference would have to be paid before closing. And......that is great to know that Bank of America will not question that. My deal between Wells Fargo and Bank of America ( BoA being second) this did not work. Closing officer ( or whatever they call person that accepts final HUD- it is not negotiator) rejected HUD. Exact words ? " If there is any extra amount coming at closing ( from anybody) it will be paid to Wells Fargo". Any idea about my case below? ( With MI asking for extra?)- MI will work only with bank. They will not talk to me or seller, because" they are in bussiness with bank, not seller".      

Comment by Bryant Tutas on November 18, 2011 at 10:25am

Lisa. If the buyer is willing to pay then just place it on the buyer side of the HUD as either an expense or a POC item. Contrary to Anna's response it needs to be on the HUD unless it is paid prior to closing.  BofA is not in charge of the transaction. You are. Don't ask.... just do it. If you just place it on the buyer side without asking it will fly right through and never be questioned. I've done this many times with BofA. They don't care. Your negotiator is wrong or is not communicating properly.

Comment by Anna Chroscicki on November 17, 2011 at 5:18pm

I am assuming negotiator from BoA will not approve it ? See if you can pay it before closing and of course do not disclose it to First and do not put it on HUD. I understand it could be a problem if this is buyer paying that ( unless it is cash deal or buyer is sure of getting mortgage). I know this is " against the rules', but in dealing with short sales I learned that sometimes we have to "bend" the rules to work with banks, because there is nothing logical about what they consider right. I do not even feel bad telling this, because I was in the same situation ( First -Wells Fargo, Second BoA) and negotiator from Wells Fargo suggested paying the difference to second before closing. In my situation it did not work, because my second lien holder has Mortgage Insurance and the amount requested is from them ( MI) , so it gets complicated, but I know that things like that are being done.  

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