HI Everyone, I have completed several Wells Short sales but this one has me stumped. Our local title company found 2 small liens on the property which I am dealing with. Wells came back with a long list of judgements and liens that do not attach to the actual property. They say they want a Notarized Affidavit on these other liens stating these are not his liens. The way the request is worded sounds like we are to contact each lien or judgement holder and get an affidavit from each, that will never happen. Has anyone had this issue arise and how did you deal with it? Is it as simple as having the seller sign one? Thanks for your input

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Donna, Wells Fargo has accepted notarized "Not Me" affidavits from our sellers in the past. IF you have a WF FHA file, they will require you can clear the additional liens BEFORE moving forward with the PreForeclosure Sale process. You will need to show the lien holders will accept $3K (occupied property) or $1500 (vacant property) before opening your file. The $3K or $1500 is a combined total for all junior lien holders. 

I hope this helps. Good luck, Chad.

Donna, we've run across this before and your title company should be able to provide an affidavit for all those other liens.

This is very common. The bank's title dept does a search and all kinds of ridiculous stuff comes up. They don't care that your client is Anne and the listed person is Frank, or that the person in the search is 25 and your client is 68. So, just put together an affidavit with all the extraneous entries stating "these are not mine" and have the client sign, notarize. You should be able to find several online examples to start from. Not a big deal and it is just clutter that the bank doesn't want coming back on them so they dump the responsibility on the client to declare the extraneous charges are not real.

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