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7-9-13 Updated Pre-Foreclosure Sale (PFS) and Deed in Lieu (DIL) of Foreclosure - Effective 10-1-13.
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FHA Contract Clause
"Sale is contingent upon the seller receiving prior written approval of Insert Name of Lender/Servicer."
FHA Listing Agreement Clause
“Seller may cancel this agreement prior to the ending date
of the listing period without advance notice to the broker, and
without payment of a commission or any other consideration if
the property is conveyed to the mortgage insurer or the mortgage
holder.” The sale completion is subject to approval (under HUD
guidelines) by the mortgagee.
Started by Noelle Battle. Last reply by Short Sale Superstars LLC Nov 22, 2019. 5 Replies 0 Likes
Started by Neil L.. Last reply by Short Sale Superstars LLC Oct 3, 2019. 2 Replies 0 Likes
Started by Savita Savita. Last reply by Short Sale Superstars LLC Sep 26, 2018. 1 Reply 0 Likes
Comment
I have forwarded this issue to the following party -
Matt Martin
Program Director, Loss Mitigation
HUD's National Servicing Center
Kevin/Brenda: I've done many Wells FHA, PFSP short sales. With ATP, with sales contract submitted during the marketing period.
I think that over all such files, Wells has never met the 5 day requirement that Kevin is stating.
I've complained to Wells about this at least three times. They just ignore you when you ask "why are you taking 21 days, when the guidelines state 5". In one case, they blew past the approval date on the 2nd, and the 2nd's MI did not extend.
(Wells did scramble to help secure the extension from the 2nd.)
Wells can be pedantic on FHA guidelines to the point of self-inflicted injury, so I do not understand why they so blatantly ignore this requirement in ML 08-43.
I've assumed that they may have some blanket exemption from FHA on this.
Wells Fargo PROMISES a minimum 90 day turn around on FHA short sale contracts when an ATP is in place. I do not know how they get away with it.
It's five working days if a ATP has been issued.
P. Contract Approval
The lender will have 5 working days from receipt of a signed Contract for Sale, to respond using the Sale Contract Review form HUD-90051. The transaction must be an outright sale of the premises. No sale by assumption, regardless of provisions for release of liability, may be considered.
Terry, who is the lender? It sounds like Wells Fargo to me. They could care less about the guidelines. I had a Wells Fargo FHA short sale with an ATP and a buyer whose offer met all of the requirements of price/net etc. 9.5 weeks later he withdrew his offer when we could not get anywhere with an approval. I went for 3 1/2 weeks without being able to reach the negotiator. It was very frustrating.
It's not my listing, and I have always had positive experiences with HUD SS approval - the listing Agent is non responsive and it worries me, she says the Lender is overwhelmed and they just keep telling her all the paperwork is there - supposedly Negotiator has been assigned and she is unable to talk to her/him - since June 8th!?
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