Comment

Comment by Shayna M. Bechtel on October 26, 2011 at 4:51am

As an attorney, title agent and settlement agent, if I am running my practice properly, I should have no problem signing this document.  If I have knowledge of such an issue, I should have already addressed it or declined to handle the file.  And a settlement agent that will endanger the seller's short sale, not to mention all of your hard work, due to their lack of understanding or professionalism, does not deserve your business...ask another agent in your area for a recommend...

Comment by Jim Crawford on October 26, 2011 at 4:33am

I'm trying to find an attorney to sign and close it.

Comment by Alan Remigio on October 26, 2011 at 4:19am

knowledge is generally based on fact and belief is based on understanding or interpetation of a statement. As agents know, almost always, problems in contract arise in INTERPRETATION or a belief that a provision had a different meaning than what the other party intended. Like all contracts, strike the word that is in dispute, initial it and send it back with the proper docs, etc and let the lender deal with it. It is still an agreement between buyer and seller and not buyer and lender. Been there.

Comment by Ben Racela on October 26, 2011 at 4:11am

This is a similiar to the Freddie Mac Short Sale Addemdum.  Althought there are additional items on the Freddie Mac.  I agree that as long as everything is above board this document should not be an issue.

I look at "To the best of my belief" as if you are under the impression that something is not right.  In other words what is the intent behind the sale.  "To the best of my knowledge" can be viewed as having prior information (knowledge) that may conflict with the addendum.  Not being an attorney it is my impression.

Comment by Michael Schneider on October 26, 2011 at 3:49am

Yes, Jeff, but you are not an attorney....

The represention here is: To the best of my knowledge and belief.

Can anyone figure out what: "To the best of my belief" would mean?  At least "To the best of my knowledge" makes some sense.

Suppose I believe that everyone is pure and good.  Then, am I off the hook here?

The representation seem silly to me.  The position that I will not sign a representation that makes no sense does not seem all that unreasonable.  As, another party is likely to assert a meaning that makes no sense.

Comment by Michael Hayley on October 26, 2011 at 3:49am

I say, fire the closing agent. 

Comment by Thom Colby CA Brkr 888-391-5245 on October 26, 2011 at 3:45am

@Jeff - Once again we were typing at the same time - I agree and I would get rid of that Attorney / Settlement Agent ASAP especially if the attorney had to go elsewhere for advice - LOL !

 

I'm just starting 2 new files with Wells Fargo and quite frankly, I'm looking forward to it!

 

Best,

Comment by The Negotiator on October 26, 2011 at 3:42am

Other than violating a buyers constitutional rights, it looks like a good doc to me.

Comment by Jeff Payne on October 26, 2011 at 3:42am

Thom, we were typing at the same time.  I agree with you 100%, I read it 5 times to see if anything was strange.  My thought is that the lender has every right to make EVERYONE sign this document to protect their interests.

If I had a closing attorney refuse to sign it I would no longer do business with the closing attorney and I would find one that actually understands and does not want to make a big deal out of nothing.

Of course, I would not sign this if I knew any of the items on the form were being violated.

 

Comment by Jim Crawford on October 26, 2011 at 3:41am

The attorneys claim that it puts them on the hook for things that they do not have any knowledge of.

 

The original attorney got this from his title company:

"No, do not sign that affidavit under any circumstances."

 

 

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