Chapter 21 Flashcards
This is a deal between parties that are unaffiliated “ you are negotiating for your interest. I’m negotiating for my interest. Here’s where we have reached in the middle.”
Arms length transaction
A claim made by lender win the proceeds from a foreclosure sale or a short sale or not enough to cover the remaining debt on a mortgage
Deficiency claim
A change to the terms of a loan that makes it easier for the borrower to pay
Loan modification
Amount owed on a property that is more than the property is worth the only way to sell is to persuade the lender to accept a reduced payoff amount
Short sale
This disclosure should be given to a buyer or seller limited agency deal in a short sale situation
Short sale disclosure
When it comes to a short sale, transaction real estate professional should never do what
Give legal advice to their client
Give tax advice to their clients
Attempt to enter into limited agency
Regarding short sales real estate professionals need to understand that
Short sales may take a very long time
Obtaining third-party approval can be time-consuming
Buyers may become impatient and back out of transaction
Addendum to the exclusive right to sell agency agreement for short sales disclosures to the seller state
That they have previously seen and signed the short sale disclosure form
That they are authorizing their agent to disclose all advertising on the MLS that this is a short sale transaction
That a short sale may have a negative impact on the sellers credit
If a seller would like to accept a backup offer on a short sale transaction a real estate professional should use
A blank addendum
The secondary back up offer contract for short sale form
A short sale is defined as
A transaction in which the purchase price is less than the amount owed on outstanding lane on the subject property
The document that defined what a short sale is actually defined in
The short sale disclosure and the short sale addendum
What is the purpose of the short cell addendum to the REPC?
Acknowledge that this transaction is a short sale
Define the role of a third-party and short sale transactions and define third-party approval
Specified contract, deadlines pursuant to third-party approval
The short sale disclosure should be signed by
Buyer or seller clients
The purpose of the short sale disclosure is to
Provide disclosure to all parties
Define what a short sale is and at the right of the parties to cancel
Define the role of a third-party in a short sale transaction