Hello Super Stars and I need some feed back .. I've been working th is file for quite a bit now .. The lender is requesting for a cash contribution or a primssory note .. My client refused and does not want to pay . After telling the lender no three time , they went ahead a closed the file out . Now we are facing foreclosure next week. Can they do this ? Does my client really need to pay this ?  Would they rather foreclose and lose more money ?  What should I do ?

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How much are they asking?  Will they include the deficiency waiver?  One client gladly payed 1k for it from Wells Fargo.

You can negotiate the cash contribution or promissory note. I got them to take $500 instead of $5,000

Benjamin, help us help you... do you know who the investor, and mortgage insurer (if any is). There policies can often have a big impact, expecially on requests for the sellers to "participate in the loss".

Instead of just saying "no" the seller should have provided a statement as to the reason(s) why they cannot bring cash at closing and pay for a promissory note.  Most lenders are asking for cash and promissory note.  Basically, they do not know what a seller will accept to get the short sale approved.  If your seller truly cannot afford either have them provide proof they cannot.

With the sale next week and the file being closed Wells Fargo will need a truly good reason to reopen the file.  I would suggest to have the seller agree to some amount to bring to closing and waive the promissory note as a term for the lender accepting the cash at closing with waiver of deficiency.  The ball is in the seller's court at this point.

 

Good Luck.

Borrower should write a letter (updated hardship letter) explaining they don't have the means to make the one-time or ongoing payments - IF they don't have the money, if they do, try to negotiate "something"  I've seen a Promissory Note for $2,500 payable over 5 years at 0% interest.  That's $41.66 a month for a waiver of deficiency and it's ends up being a new / good line of credit on their FICO ! 

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