ii - ark law group, pllc · 1/27/2016 · coral gables, fl 33146 bellevue, wa 980040000 servicer:...
TRANSCRIPT
II�� BAYVIEW':iiiiilll LOAN SERVICING -
Bayview Loan Servicing, LLC
Coral Gables, FL 33146 • January 27, 2016 LIEN RELEASE OFFER
Borrower:
BELLEVUE, WA 980040000
Loan Number:
Dear Customer:
Property Address: AUBURN, WA 98002
IMPORTANT: Your request for consideration for a short sale through the Home
Affordable Foreclosure Alternatives (HAF A) Program has been
approved. Here's what to expect next:
Upon receipt by Bayview Loan Servicing, LLC ("Bayview") of the sum of $157,510.78 no later than 03/12/2016
and in reliance upon your claim of hardship, and the closing of a sale of your property located at AUBURN, WA 98002, Bayview agrees to release the Deed of Trust encumbering the property captioned
above.
This Lien Release offer is Null and void if any of the following figures differ from the figures that were submitted by the U.S Department of Housing and Urban Development (HUD) to Bayview, for review and approval, at the time the release was issued:
• Settlement Date:
• Sales Price:
• Borrower or Seller Credits:
• Realtor Commissions:
• Closing Costs:
• Third Party Fees:
• Subordinate Liens:
• Relocation Assistance:
• Net Proceeds to Bayview Loan Servicing:
Conditions to Close: • Notice of closing 48 hours prior to scheduled Closing date
03/12/2016
$185,000.00
$0.00
$11,100.00
$5,182.90
$1,206.32
$0.00
$10,000.00
$157,510.78
• Final U.S Department of Housing and Urban Development (HUD) with buyer and seller closing costs
• Fully Executed HAFA Affidavit signed and dated by Buyers and Sellers
Page 1 of 5
--,---I
HAFA Affidavit The Short Sale (HAFA) Affidavit certifies that the sale is an "arm's length" transaction and the seller and buyer are unrelated to each other by family, marriage, or commercial enterprise. The affidavit also includes an agreement by
the buyer not to sell the property within 30 days of closing of the sale, or between 31 and 90 calendar days of the
sale for a price greater than 120 percent of the gross sales price and an affidavit of occupancy.
Refunds and Insurance Proceeds Any refunds of taxes or any proceeds from any insurance, and any costs or expenses that become due before the
Lien Release funds are received by Bayview Loan Servicing, LLC must be paid in order to satisfy the loan.
Borrower warrants that he/she will not interfere with the investigation of any such insurance claim. Borrower also
warrants that any such borrower payment, insurance check, or tax refund referenced above that he/she receives,
shall be immediately forwarded to Bayview. Bayview will also retain any funds that may currently be held in
suspense and escrow accounts.
Foreclosure Sale/Law Day If a foreclosure sale has been scheduled, funds must be received 48 hours prior to the foreclosure sale or
by the required date indicated above, whichever is sooner. Upon receipt by Bayview Loan Servicing of the Lien Release Amount, Bayview Loan Servicing will execute or cause to be executed a Release and Discharge of
the debt and will dismiss or cancel any pending legal action it has taken to collect this obligation. No legal action
will be halted until funds are received on or before the required date.
Borrower hereby further acknowledges and agrees that, to the extent that any such claims exist, the value to the
Borrower of the discount payoff offer by Bayview Loan Servicing, LLC contained in this letter substantially and
materially exceeds any and all value of any kind or nature whatsoever of any such claims.
Further, upon receipt of the Lien Release Amount, Bayview Loan Servicing, LLC and the Released Parties (as
defined herein) shall release and forever discharge Borrowers from any and all liability, of any kind whatsoever,
arising out of, associated with, or related to, any obligations of the underlying debt agreement, promissory note, or loan agreement related to the loan number referenced above including, but not limited to, pursuit of any
deficiency amount thereunder.
Western Union Quick Collect®*: Code City: Code State: FL
Wire*: JP Morgan Chase NY 10005
ABA #: Credit Account: Bayview Loan Servicing, LLC Account No.:
Certified Funds Overnight Address: Coral Gables, FL 33146
*Fees may be imposed by money transmitter.
Please include the following information on all remittances:
Borrower:
Bayview Loan Number:
Property Address: WA 98002
Please assure that funds are received by Bayview Loan Servicing no later than 03/12/2016. Please send
the executed closing documents, including the signed HUD statement by all parties to me.
Page 2 of 5
--0
Sincerely,
Asset Manager Bayview Loan Servicing, LLC Phone Number: Monday - Friday 9:00 a. m. - 6:00 p. m., ET Fax Number:
Bayview Loan Servicing, LLC is a debt collector. This letter is an attempt to collect a debt and any information obtained will be used for that purpose. To the extent that your obligation has been discharged or is subject to an
automatic stay of bankruptcy this notice is for compliance and informational purposes only and does not constitute a demand for payment or any attempt to collect such obligation. Bayview Loan Servicing, LLC., NMLS
The following mailing address must be used for all Error Notices & Information Requests: Bayview Loan
Servicing, LLC, Customer Support, Coral Gables, FL 33146.
Page 3 of 5
--0
II�� BAYVIEW':iiiiilll LOAN SERVICING -
January 27, 2016
Seller:
Bayview Loan Servicing, LLC
Coral Gables, FL 33146
BELLEVUE, WA 980040000
Servicer:
Bayview Loan Servicing, LLC
Coral Gables, FL 33146 Phone: Fax:
Loan Number: Property Address: AUBURN, WA 98002
HAFA AFFIDAVIT
•
This HAFA Affidavit ("Affidavit") is given by the Seller(s) and Buyer(s) to the Servicer of the mortgage loan
secured by the Property ("Mortgage") in consideration for the mutual and respective benefits to be derived from
the short sale of the Property with a scheduled closing date of.
NOW, THEREFORE, the Seller(s) and Buyer(s) do hereby represent, warrant and agree under the pains and
penalties of perjury, to the best of each signatory's knowledge and belief, as follows:
(a) The sale of the Property is an "arm's length" transaction, between Seller(s) and Buyer(s) who are
unrelated and unaffiliated by family, marriage, or commercial enterprise;
(b) There are no agreements, understandings, contracts, or offers relating to the current sale or subsequent
sale of the Property that have not been disclosed to the Servicer;
(c) Except as disclosed to the Servicer, there are no agreements, understandings, or contracts between the
Seller(s) and Buyer(s) that the Seller(s) will remain in the Property as a tenant or later obtain title or
ownership of the Property.
(d) Neither the Sellers(s) nor the Buyer(s) will receive any funds or commissions from the sale of the Property
except to the extent the Seller(s) receive a relocation assistance payment approved by the Servicer and
reflected on the HUD-1 Settlement Statement;
(e) All amounts to be paid to any person or entity, including holders of other liens on the Property, in
connection with the short sale have been disclosed to and approved by the Servicer and will be reflected
on the HUD-1 Settlement Statement;
(f) Any person receiving relocation assistance is required to vacate the property as a condition of the sale.
Further, the Seller(s) represent that all persons receiving relocation assistance (i) occupied the property
as a principal residence on the date the Seller(s) submitted the request for short sale assistance to the
Servicer, and (ii) are either the Seller(s), a tenant, or a legal dependent, parent of grandparent of the
Seller that occupied the property rent-free.
(g) The buyer agrees not to sell the property within 30 days of closing of the sale, or between 31 and 90
calendar days of the sale for a price greater than 120 percent of the gross sales price.
Page 4 of 5
--0
By signing below, 1/vve agree that all representations, warranties and statements made herein will survive the
closing of the short sale transaction; and I/we represent that the information provided herein is true and accurate
and authorize the Servicer to disclose such information to the U.S. Department of the Treasury or other
government agency, Fannie Mae and/or Freddie Mac, and any of their respective agents, in connection with the
Making Home Affordable program.
SELLER:
Seller Signature
Printed Name
BUYER:
Buyer Signature
Printed Name
Date
Date
Co-Seller Signature
Printed Name
Co-Buyer Signature
Printed Name
Date
Date
If you would like to speak with a counselor about this program, call the Homeowner's HOPE TM Hotline The Homeowner's HOPE™ Hotline offers free HUD-certified counseling services and
is available 24/7 in English and Spanish. other languages are available by appointment.
If you have questions, please contact us directly between the hours of 9:00 am to 6:00 pm ET at
NOTICE TO SIGNATORIES
Be advised that by signing this document you understand that any documents and information you submit in connection with the Making Home Affordable Program are under penalty of perjury. Any misstatement of material fact made in the completion of these documents including but not limited to misstatement regarding your occupancy in your home, hardship d rcu msta nces, and/or
income, expenses, or assets will subject you to potential criminal investigation and prosecution for the following crimes: perjury, false statements, mail fraud, and wire fraud. The information contained in these documents is subject to examination and verification. Any potential misrepresentation will be referred to the appropriate law enforcement authority for investigation and
prosecution. By signing this document you certify, represent and agree that:" Under penalty of perjury, all documents and information I have provided in connection with the Making Home Affordable Program, induding the documents and information regarding eligibility for the program, are true and correct."
If you are aware of fraud, waste, abuse, mismanagement or misrepresentations affiliated with the Troubled Asset Relief Program, please contact the SI GT ARP Hotline by calling 1-877-SIG-2009 (toll-free), 202-622-4559 (fax), or www.sigtarp.gov. Mail can be sent Hotline Office of the Special Inspector General for Troubled Asset Relief Program, 1801 L St. NW, Washington, DC 20220.
Page 5 of 5
--- N