Short Sale Third-Party Authorization...

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Short Sale Third-Party Authorization Form Effective April 25, 2012 Page 1 BORROWER(S) ACKNOWLEDGMENT Loan Number: Borrower: Co-Borrower: Property Address: Address City State ZIP The undersigned Borrower and Co-Borrower (if any) (individually and collectively, the “Borrower,” “Me” or “My”), authorize(s) Bank of America, N.A., its affiliates, agents and employees (collectively, “BANA”) to discuss with the third party(ies) described on the next page (the “Designated Representative(s)”) on My behalf the sale of the property at the above-listed Property Address ( the “Property”), which is secured by a loan owned or serviced by BANA (“Mortgage”), for an amount less than the outstanding principal balance of the Mortgage (such transaction, a “Short Sale”): Designated Representative: Designated Representative: Designated Representative: Designated Representative: My Designated Representative and BANA are hereby authorized to share with each other any and all information reasonably requested or otherwise required to be exchanged in connection the consummation of the Short Sale, including without limitation names, addresses, telephone numbers, Social Security numbers, income, credit scores, status of any current or previous workout review, account, balances, program eligibility, payment activity and any other confidential (including nonpublic personal information) information related to Me, the Mortgage or the Property. I further agree and acknowledge as follows: I have selected the Designated Representative. I acknowledge that BANA is not responsible for any act or omission of the Designated Representative, including anything the Designated Representative may do with information it is provided hereunder, or for any failure of the Designated Representative to competently perform its services. I agree that the Designated Representative can authorize a delegate to provide administrative support (“Designated Support Staff”) to facilitate procedural or other clerical and administrative functions that are nonlicensable activities on behalf of the Designated Representative. The Designated Support Staff is identified on the Designated Representative Acknowledgment. This Third-Party Authorization will be effective until the completion of the Short Sale(s) unless terminated by Me (us) in writing. I UNDERSTAND AND AGREE WITH THE TERMS OF THIS THIRD-PARTY AUTHORIZATION. Borrower’s Signature Date Co-Borrower’s Signature Date

Transcript of Short Sale Third-Party Authorization...

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Short Sale Third-Party Authorization Form

Effective April 25, 2012 Page 1

BORROWER(S) ACKNOWLEDGMENT

Loan Number:

Borrower: Co-Borrower:

Property Address:

Address City State ZIP

The undersigned Borrower and Co-Borrower (if any) (individually and collectively, the “Borrower,” “Me” or “My”), authorize(s) Bank of America, N.A., its affiliates, agents and employees (collectively, “BANA”) to discuss with the third party(ies) described on the next page (the “Designated Representative(s)”) on My behalf the sale of the property at the above-listed Property Address ( the “Property”), which is secured by a loan owned or serviced by BANA (“Mortgage”), for an amount less than the outstanding principal balance of the Mortgage (such transaction, a “Short Sale”):

Designated Representative:

Designated Representative:

Designated Representative:

Designated Representative:

My Designated Representative and BANA are hereby authorized to share with each other any and all information reasonably requested or otherwise required to be exchanged in connection the consummation of the Short Sale, including without limitation names, addresses, telephone numbers, Social Security numbers, income, credit scores, status of any current or previous workout review, account, balances, program eligibility, payment activity and any other confidential (including nonpublic personal information) information related to Me, the Mortgage or the Property.

I further agree and acknowledge as follows:

• I have selected the Designated Representative.

• I acknowledge that BANA is not responsible for any act or omission of the Designated Representative, including anything the Designated Representative may do with information it is provided hereunder, or for any failure of the Designated Representative to competently perform its services.

• I agree that the Designated Representative can authorize a delegate to provide administrative support (“Designated Support Staff”) to facilitate procedural or other clerical and administrative functions that are nonlicensable activities on behalf of the Designated Representative. The Designated Support Staff is identified on the Designated Representative Acknowledgment.

This Third-Party Authorization will be effective until the completion of the Short Sale(s) unless terminated by Me (us) in writing.

I UNDERSTAND AND AGREE WITH THE TERMS OF THIS THIRD-PARTY AUTHORIZATION.

Borrower’s Signature Date Co-Borrower’s Signature Date

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Short Sale Third-Party Authorization Form

Effective April 25, 2012 Page 2

DESIGNATED REPRESENTATIVE ACKNOWLEDGMENT

Each undersigned Designated Representative(s) represents and agrees that, he/she (i) is a licensed real estate agent, real estate broker or attorney (“Licensee”) in good standing in the state in which the Property is located and that Licensee has all licenses, permits or authorizations required by state or federal law to perform the duties undertaken by it in connection with the Short Sale, (ii) shall not knowingly misrepresent or omit to state any material fact in order to induce the Borrower(s), BANA, the lender, the investor or the insurer to agree to the terms of a Short Sale that the Borrower(s), BANA, the lender, the investor or the insurer would not have agreed to had all material facts been known, (iii) is in compliance with all applicable state and federal laws, rules and regulations governing the services provided, including without limitation those related to providing required disclosures to the Borrower(s), and shall be responsible and liable for all of the acts and omissions of its Designated Support Staff authorized to work on his/her behalf.

The Designated Representative(s) and Support Staff involved in a short sale for the following property must complete, sign and date below.

Address City State ZIP

Designated Representative (Print Name):

Company Name: State Licensing Entity:

State Licensing/Registration No.: Type of License:

Designated Representative Signature Date

Designated Representative (Print Name):

Company Name: State Licensing Entity:

State Licensing/Registration No.: Type of License:

Designated Representative Signature Date

The following Support Staff do(es) not hold a Real Estate Agent/Broker’s License or an Attorney’s License but is/are assisting the above identified licensee(s) with administrative functions:

Designated Support Staff (Print Name)

Company Name: Assistant For:

Support Staff Signature Date

Designated Support Staff (Print Name)

Company Name: Assistant For:

Support Staff Signature Date

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Home Owner's Document Collection

Reason for Default?

On what date did you become

unemployed?

On what date did your unemployment

end?

Are you eligible for unemployment

benefits?

When are you eligible for unemployment

benefits?

Did you receive a severance package?

Did you have unemployment insurance?

Are you seeking employment?

Do you have any job prospects?

Will your pay be similar to before?

Additional Information

Last 2 Year's Tax Returns 1:

Last 2 Year's Tax Returns 2:

Month 1 Paystub:

Month 1 Recent

Bank Statement:

Month 2 Paystub:

Month 2 Recent

Bank Statement:

Other:

Pre Qualification

Letter or Proof of

Funds:

RFD Letter:

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Hardship LetterPlease tell us in detail why you are experiencing financial difficulties.

Income reduction Unemployed Self-employedDivorce Medical* Other

______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ______________________________________________________________________________________________________ ________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

Borrower’s Signature: _______________________________________ Date: ___________________

Print Name: _______________________________________________

Co-Borrower’s Signature: ____________________________________ Date: ____________________

Print Name: _______________________________________________

Loan Number: _____________________________ Phone Number: ___________________________

* For the protection of your privacy, when indicating medical hardship, please provide general information about the illness only. For example, rather than stating “Terminal cancer”, it will suffice to state “long-term illness”.

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CES GROUP
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CES GROUP
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CES GROUP
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lf you are experiencing a temporary or long-term hardshlp and need help, you must complete and submit thls form along withother requlred documentation to be considered for available solutions. On thls page, you must disclose information about (1)you and your intentlons to either keep or transitloil out ofyour home; (2)the property's status; (3) real estate taxes; (4)horneowne/s insurance premiums; {5) bankruptcy; (6} your credit counsellng agency, and (7) other llens, lf any, on yourproperty.

On Page 2 you must disclose information aboutf of your income, expenses and assets. Page 2 also lists the required incomedocumentation that you must submit in support of your request for assistance. Then on Page 3, you must complete theHardship Affidavit in which you dlsclose the nature of your hardship. The Hardship Affidavit Informs you of the requireddocumentation that you rnust submit in support of your hardship clalm"

IiIOTICE: In addition, when you sign and date thls form, you will make lmportant certmca$ons, represcrttetions andagreements, including ce?tifying that all of the Informatlon in this Borrower Assistance Form is rccurate end truthfuland any identlfied hardship has contributed to your submission of thii request for mortgage rclief.

REMINDEf,: The Borrower Response Package you need to return conslsr otr (1| thls completed, slgned and datad BonowerAssistance Form; {21 completed and sfned IRS Form 4506'f-E4 (3] requlrcd Income documcntatlon, and {41 requlrcd hardshlpdocumentatlon.

loan l.D. Numher (usually found on your monthly rnortgage statement)

I want to: Keep the Property ffiseu the Property

The Froperty is currently: fl W primary Resldence f]n SeconO ttome flm Inlrastment Prcperty

rhe property is currently; ilO*ner occupied

BORROWER CO.BORROWERBCIRROIA'ER'S NAME CO.BORROWER'S NAME

SOCIAL SECURIW NUMBER I DATE OF SIRTH soclAL sscuRlw NUMbER I narg or BIRTH

HOME PHONE NUMBER WITH AREA CODf HOMT PHOTUE IIIUMSER WITHAREA CODF

CELL OR WORK NUMBER WITH AREA CODE CTLL OR WORK NUMBER WITH AREA COD€

MAILING ADDRfSS

FfrOPERTY ADDRI$S (tr SAME A5 MA|L|NG ADDfi[ss, JUST WRTTE SAME] IMAIL ADDRESS

ls the property listed for sale? ff Ves [_l wolf yes, what was the listing date?lf property has been listed for safe, have you received an offer on theproperry? ffi ves fll rroDate of offer: _ Amount of Offer: $_Agent's Name:Agent's Phone Number:For Sale by Owner?

Have you contacted a credit-counseling agency for help? fl Yeslf yes, please complete the counselor contact information below:

ffiNo

Counselor's Name:Agency's Name:Counselo/s Phone Nurnber:Counselols Email Address;

Do you have condominium or homeowner association (HOA) fees? ffies HNoTotal monthly amount: $Name and address that fees are paid to:

Have you filed for bankruptcy? ffies Nolf yes: HCnapter 7 frlChapter 13Has your bankruBtcy been discharged?E-IYes f,lruo

Filing Date:Bankruntcv case number;

Fannie MaelFreddie Mac Forrn 710 Page I of 4 June 1011

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trlonthly Household Income Monthfy HouseholdExpensee/Dsbt

Househofd Assets (associated with_tlg_pfopsrty' and/or borrower{r}

Monthlv Gross waEes s First Mortgase Payrnent $ Checking Account{s} $

Overtime $ Second Mortgaee Pavment $ Checkine Account{s) $

Child Support / Alimonv* s Homeownels lnsurance $ Ssvings / Monev Mar*et $

Non-taxable social

securitv/$SDl

$ Property Taxes s CDs $

Taxable SS beneflts or other

rnonthly income from

annuities or retirement plans

$ Credit Cards / Installment

Loan{s) {total minimurn

payment per rnonth)

$ $tocks / Bonds $

Tips, commissions, bonus and

self-emploved income

$ Alimony, child support

pavmentss Other Cash on Hand s

Rents Received $ Car Lease Payments $ Other Real Estate

(estimated value)

$

Unemployment Income s HOA/Co ndo Fees/P ro perty

Maintenance

5 Other $

Food Stamps/llUelfare $ Mortgage Payments on

other properties

$ $

Other $ Other $ $

Total (6ross incorrtel $ Total Debt/Eroenseg $ Total Asrcts $_rllothe: efimon?, chM ruppoG or scpantc rnalntcnancc lncornc nced mt bc runahd lf you do not d

ro

Required Income Docum€ntatlon

For each borrower who is a salaried employ.e ; For each borrower who receives self-employed income, include a complete, signedor hourly wage eamer, include the most ; individual federal income tax return and, as applicable, the business tax return; AND eitherrecent pay stub that reflects at least 30 days j

thE most recent signed and dated quartedy or yeer-todete profiVloss statement thatof year-to-date earnings for each borrower. i reflects activity for the most recent three rnonths; OR copies of bank statements for the

i business account for the last two months erridencing continuation of business activity

oothcrEarned Incomcf guch ar bonuJcs, onrmirrlofi* hoqringaffowurrc, tips, orova{fmrrtr Reliable third-pafi documentation describing the amount and nature of the income (e.g., employment contract or printouts documenting

tip income).soclal seorlty, dlsablllty or death beneftts, pension, psbth arsbtance, or adoftlon acsistance:El Documentation shorrdng trhc arnount and fnrquerrca of th€ bencfits, srch as letteq exhibfts, diseb{lity poticy or bene6ts staterncnt ftom thc

provider, andE Docurnentation showlng the recelpt of paymen! such as cople3 of the hr|o most recent bank statemcnts showing deposit emounts.Rental Incomc!E Copy of the most recent filed federal tax return with all schedules, Including Schedule E*Supplement Income and Loss. Rental lncome for

qualifying purposer will be 75% of the gross rent reduced by the monthly debt sewice on tha property, lf applicable; orn lf rentel income i3 not reported on Schedule E - $upplemental lncorne and Loae, provide a copy of the current lease .greement with eit*rer

bank statemants or cancelled rent checks demonstratlng receipt of rent.Inve3tnent lncgrn6!tr Copies of the ttvo mo$ r€cent investment statements or bank statements supporting receipt of thls income,Anmony, chlld 3uppoG or ieparatlqr maintenencs pa$nentt ar quellfylqg Incorne:*tr Copy of dfuorce decreg scparation agreement, or other written legal agreement ffled with a court, or court decree that states th€ amount

of the afimony, cftild suPport, qr scparation m€lntcntfift payments and the pct{od of time orer wlrdr th€ prym€rrt' wiil !e recrirud, andtr Copies of your two most recent bank stat€rnents or other third-party docum€nts showing recelpt of payment.rltlothel Allmony, chlld rupport, or s€parate melntrnrnce Incons nled not bc rcu€eled if you do not clroore to hrve lt tonddsrcd forrrpgylngtlrle ban.

Fannie MaelFreddie Mac Form 7IA Page 2 ai 4 June ?011

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HARDSHIPAFFIDAVIT(provide a written explanatlon wlth thls request desglblng the sp€clfic natule of your hardshlpl

I am requesting review of my current financial situation to determine whether I qualify for temporary or permanentmortgage relief options.

Date Hardship Began ls: _I believe that my situation is:t Short-term (under 6 month$)ffi Mediumterm (6 * 12 months)il Long-term or Permanent Hardship (greater than 12 rnonths)I am havlng difflculty making my monthly payment because of reasons ret fofih below(Please check ail that apdy and submit required documenfrtlon demonstrating Wur hardship)lf Your Hardship isl Then the Required Ffardshlp Docurnentation is:tl Unemployment tl No hardship documentation required

tl Underernpfoyment No hardship documentation reguired, as long as you have submitted theincome documentetion that supports the income described in the Requiredf ncome Documentation section above

tl

n Income reduction (e.g., elimination ofovertime. reduction in regular workinghours, or a reductlon in base payl

n No hardship documentation required, as long as you have submitted theincome documentation that supports the income described in the Requiredlncome Documentation section above

Divorce or legal separation; Separation ofBorowers unrelated by marriage, civilunion or simifar domestic partnershipunder applicable law

il Oivorce decree signed by the cour! ORtl Separation agreement signed by the cour$ ORn Current credit report evidencing divorce, seFaration, or non-occupying

borrower has a differ€nt address; ORD Recorded quitclaim deed evidencing that the non-occupying Borrower or co-

Borrower has relinquished aff rights to the property

n Death of a borrower or death of eitherthe primary or secondary wag€ eerner inthe household

Death certificate; 0RObituary or newspaper article reportlng the death

nn

il Long-terrn or permanent dlsabifity;$erlous illness of a borower/co*borrower or dependent family member

E Doctor's certiflcate of illne$s or disabifity; Ofin Medical bills; ORn Proof of monthly insurance benefits or governrnent assistance {if applicable}

tr Disaster {natural or rnan-made} adverselyirnpacting the property or Borrower'spface of employrnent

tl lnsurance claim; ORtr Federal Emergency Management Agenry grant or Small Business

Administration loan; ORn Borrower or Employer property located in a federslly declared disaster area

A Distant employment transfer tr No hardship documentation reguired

Business Failure n Tax return from the previous year {including all schedules} ANDtl Proof of business failure supported by one of the following:

l Bankruptcy filing for the business; orr Two rnonths recent bank stattsffients for the busines$ account evidencing

cessation of business activity; orr Most recent signed and dated guarterly or year-to-date profit and loss

staternent

Fannie Mae/Freddie Mac Forrn 710 Fage 3 of 4 June 2011

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Fqf rqryef /€*Sgffglret 4f kngurledegrqeqt anS Aqe€mnpt1. I certiry that afl of the information in this Borrower Assistance Form is truthful and the hardship(s) identified

above has contributed to submlssion of thls request for mortgage rellef.2. I understand and acknowledge that the SeMcer, owner or guarantor of my mortgage, or their agent{s) may

investigate the accuracy of my statements, may regulre me to provlde additlonal suppoftlng documentatlon,and that knowingly submitting false information may violate Federal and other appllcable law.

3. I understand the Servicer will obtain a cunent credit report on all borrowers obligated on the Note.4. I understand that if I have intentlonally defaulted on my existing mortgage, engaged in fraud or

misrepresented any fact(s| in connection with thls request for morBage refrbf or if I do not provide alf requlreddocumentation, the Servicer may cancel any mortgage relief granted and may pursue fioreclosure on my homeand/or pur$ue any available legal remedies.

5. I certify that my property has not received a condemnation notlce.6. I certiry that I am willing to provide all requested documents and to respond to all Servicer communications in

a timely manner. I understand that time is of the essence.7. I understand that the Servher will use this information to evaluate my eliglbility for available rellef options and

foreclosure alternatlves, but the Servicer is not obllgated to offer me asslstance based solely on therepresentations in this document or other documentation submitted in connection with my request.

L lf I am eligible for a trial period plan, repayment plan, or forbearance plan, and I accept and agree to all termsof such plan, I also agree that the terms of this Acknowledgrnent and Agraement are incorporated into suchplan by reference as lf set forth In such plan in full. My first timely payment followlng my Service/sdetermination and notiflcation of my eliglbillty or prequalificatlon for a trial period plan, repayment plan, orforbearance plan (when applicablel will serve as acceptance of the terms set forth in the notlc€ sent to me thatsets forth the terms and conditions of the trial period plan, repayment plan, or forbearance plan.

9. I agree that when the Servicer accepts and posts a payment during the term of any repayment plan, trial periodplan, or fo$earanoe plan it will be wlthout prejudice to, and will not be deemed a waiver of, the accelerationof my loan or foreclosure action and related activities and shall not constftute a cure of my default under myloan unless such payments are sufficient to completely cure my entire default under my loan.

10. I agree that any prior waiver as to my payment of escrow items to the Servicer in connection with my loan hasbeen revoked.

11. lf I qualify for and enter into a repayment plan, forbearance plan, and trial perlod plan, I agree to theestablishment of an escrow account and the payment of escrow ltems lf an escrow eccount never exlsted snmy loan.

12. I understand that the Servicer will collect and record personal information that t submit in this BorrowerResponse Package and during the evaluatlon process, including, but not limlted to, my name, address,telephone number, social secudry number, credit scorg income, payment history and information about myaccount balances and activity. I understand and consent to the Servicer's disclosure of my personalinformation and the terms of any relief or foreclosure alternative that I receive to any investor, insurer,tuarantor, or servlcer that owns, insures, guarantees, or servlces my first lien or subordlnate lien (if applicable)mortgage loan{s} or to any HUD-certified housing counselor.

13. lf I am eligible for foreclosure preventlon relief under the federal Making Home Affordable Program, Iunderstand and consent to the dlsclosure of my personal information and the terms of any Maklng HomeAffordable Agreement by the Servicer to {a} the U.S. Department of the Treasury, {b) Fannle Mae and FreddieMac in connectlon with their responsibilities under the Homeowner Affordabillty and $tabillty Plan, and (c)companies that perform support services in conjunction with Making Home Affordable.

14. I consent to being contacted concernlng thls request for mortgage as istance at anrT cellular or mobiletelephone number I have provided to the Lender. This includes text messages and telephone calls to mycellular or mobile telephone.

Borrower $ignature

Fannie tvlae/Freddie Mac Fprrn 710

Date

Page 4 of 4

Co-Borrower Signature Date

June 2011

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Bank of America, N.A. Buyer’s Acknowledgement and Disclosure

BUYER(S), is/are buying the property known as: Address City State ZIP

Buyer(s) understand(s) and acknowledge(s) that the following persons are prohibited from purchasing the Property, directly, indirectly or through a family member, household member or an interest in a partnership, corporation, joint venture, trust or other entity:

1. officers, employees, or directors of Bank of America, N.A. (Bank), its parents, subsidiaries, or affiliated companies;

2. a spouse or domestic partner of a Bank employee, a dependent child who lives with a Bank employee, or any other person who derives his or her primary means of financial support from a Bank employee; and

3. Home Transition Services agents, brokers, appraisers, attorneys, trustees, employees of representatives and vendors (including ut not limited to property inspection companies, property preservation companies, title companies) of Bank of America, N.A., its parents, subsidiaries, or affiliated companies.

Buyer(s) hereby certifies/certify that:

I/we am/are not an officer, employee, or director of Bank of America, N.A. (Bank), its parents, subsidiaries, or affiliated companies.

I/we am/are not a spouse or domestic partner of a Bank employee, a dependent child who lives with a Bank employee, or any other person who derives his or her primary means of financial support from a Bank employee.

I/we am/are not an agent, broker, appraiser, attorney, trustee, employee of any representative or vendor (including but not limited to a property inspection company, property preservation company, or title company) of Bank, its parents, subsidiaries, or affiliated companies.

This certification is made to the Seller in connection with the closing of the sale of the Property to the Buyer(s) under the purchase and sale agreement dated ______________ between Seller and Buyer/Buyers, as a material inducement to the Seller and Bank to proceed with the short sale, and it may be relied upon by the Seller or Bank and their respective affiliates, agents, representatives, and successors and assigns. Buyer Name (Print)

Buyer Signature

Date

Buyer Name (Print)

Buyer Signature Date