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Homeowner Retention Checklist (FNMA) Please Return with Your Borrower Response Package
GET STARTED – use this checklist to ensure you have completed all required forms and have the right information. Step 1 Review the information available to help you understand your options, responsibilities, and next steps by logging onto
the website at http://knowyouroptions.com/avoid-foreclosure
Step 2 Complete and sign the enclosed Uniform Borrower Assistance Form (Form 710). The document must be signed and dated by all borrowers on the Mortgage (notarization is not required).
The form must include a detailed explanation of financial hardship that makes it difficult to pay the mortgage, and –
• Supporting documentation to the hardship claim
• A completed Financial worksheet indicating monthly income and expenditure signed anddated by each borrower
Step 3 Provide a copy of the 2 most recent IRS Tax Returns.
All borrowers are required to sign and dated submitted tax returns
Step 4 Provide 2 most recent Bank Statements (all accounts).
Please provide 2 most recent bank statements from all accounts. Bank statements must show the name of bank,
borrower name, address and account number. Online statements without showing a bank name should include
the institutions URL. Submitted bank statements are required to include all pages.
Step 5 Provide required Hardship documentation. This documentation will be used to verify your hardship.
Examples of hardship documentation would be divorce decrees, medical bills, death certificates, etc…
Step 6 Provide required Income documentation. This documentation will be used to verify your hardship and all of your
income (including any alimony or child support that you choose to disclose and rely upon to qualify).
If wages are earned, please provide proof of most recent 30 days income documented with sequential paystubs
displaying the customer’s name and/or social security number, company name and address. Please provide 2 most
recent and sequential bank statements from all accounts.
If income is from Self Employment, please provide 2 most recent personal and/or business bank statements including
the customer’s name and or social security number or the prior year’s tax return, including all schedules signed and
dated and the most recent 3 month or year-to-date profit and loss.
In general, additional income will be considered with supporting documentation as described, but not limited to, that
below. This income will usually require proof of award proof and proof of income receipt in the form of 2
most recent bank statements or other proof of deposit.
• Child support/Alimony- requires a divorce decree, separation agreement or a written legal agreement filed with a
court that states the amount of the alimony, child support, or separation maintenance payments and the period
of time over which the payments will be received; and copies of two most recent bank statement evidencing
proof of income.• Disability/Pension/Annuity/SSI – requires current benefit award letter from the provider showing frequency and
amount of income, and 2 most recent bank statements showing income as proof of receipt.
• Rental income- requires a current year lease agreement with 2 most recent bank statements showing rental
deposits or cancelled rent checks demonstrating proof of income; or the most recent year’s filed federal tax
return including schedule E – Supplemental Income and Loss, and a current lease agreement.
• “Other Earned Income” such as bonuses, commissions, housing allowance, tips, or overtime– requires
• Investment income- requires 2 most recent investment statements or bank statements supporting receipt of this
type of income.
reliable third-party documentation describing the amount and nature of the income (e.g., paystubs, employment contracts or printouts documenting tip income).
You may also disclose any income from a household member who is not on the promissory note (non-borrower),
such as a relative, spouse, domestic partner, or fiancé who occupies the property as a primary residence. If you elect
to disclose and rely upon this income to qualify, the required income documentation is the same as the income documentation required for a borrower (see above).
Step 7 Gather and send completed documents as your Borrower Response Package and submit immediately for assistance.
You must send in all required documentation listed above, and summarized below:
• Hardship Documentation • Income Documentation
• Other Supporting Documentation • Tax Returns and Bank Statements
Please fax documents to 1-856-917-2848 or mail documents above to us: PHH Mortgage Services
3131 Princeton Pike, Bldg 4, Ste 113 Lawrenceville, NJ 08648
IMPORTANT REMINDERS: Keep a copy of all documents and proof of mailing/emailing for your records. Don’t send original income or hardship documents. Copies are acceptable.
Homeowner Short Sale or Deed in Lieu Checklist (FNMA) Please Return with Your Borrower Response Package
GET STARTED – use this checklist to ensure you have completed all required forms and have the right information. Step 1 Complete and sign the enclosed Uniform Borrower Assistance Form (Form 710). The document must be signed and
dated by all borrowers on the Mortgage (notarization is not required).
The form must include a detailed explanation of financial hardship that makes it difficult to pay the mortgage, and –
• Supporting documentation to the hardship claim
• A completed Financial worksheet indicating monthly income and expenditure signed anddated by each borrower
Step 2 Provide a copy of the 2 most recent IRS Tax Returns.
All borrowers are required to sign and date submitted tax returns
Step 3 Provide 2 most recent Bank Statements (all pages).
Please provide 2 most recent bank statements from all accounts. Bank statements must show the name of bank,
borrower name, address and account number. Online statements without showing a bank name should include
the institutions URL. Submitted bank statements are required to include all pages.
Step 4 Provide required Hardship documentation. This documentation will be used to verify your hardship.
Examples of hardship documentation would be divorce decrees, medical bills, death certificates, etc…
Step 5 Provide required Income documentation. This documentation will be used to verify your hardship and all of your
income (including any alimony or child support that you choose to disclose and rely upon to qualify).
If wages are earned, please provide proof of most recent 30 days income documented with sequential paystubs
displaying the customer’s name and/or social security number, company name and address. Please provide 2 most
recent and sequential bank statements from all accounts.
If income is from Self Employment, please provide 2 most recent personal and/or business bank statements including
the customer’s name and or social security number or the prior year’s tax return, including all schedules signed and
dated and the most recent 3 month or year-to-date profit and loss.
In general, additional income will be considered with supporting documentation as described, but not limited to, that
below. This income will usually require proof of award proof and proof of income receipt in the form of 2
most recent bank statements or other proof of deposit.
• Child support/Alimony- requires a divorce decree, separation agreement or a written legal agreement filed with a
court that states the amount of the alimony, child support, or separation maintenance payments and the period
of time over which the payments will be received; and copies of two most recent bank statement evidencing
proof of income.• Disability/Pension/Annuity/SSI – requires current benefit award letter from the provider showing frequency and
amount of income, and 2 most recent bank statements showing income as proof of receipt.
• Rental income- requires a current year lease agreement with 2 most recent bank statements showing rental
deposits or cancelled rent checks demonstrating proof of income; or the most recent year’s filed federal tax
return including schedule E – Supplemental Income and Loss, and a current lease agreement.
• Investment income- requires 2 most recent investment statements or bank statements supporting receipt of this
type of income.
• “Other Earned Income” such as bonuses, commissions, housing allowance, tips, or overtime– requires
reliable third-party documentation describing the amount and nature of the income (e.g., paystubs, employment contracts or printouts documenting tip income).
You may also disclose any income from a household member who is not on the promissory note (non-borrower),
such as a relative, spouse, domestic partner, or fiancé who occupies the property as a primary residence. If you elect
to disclose and rely upon this income to qualify, the required income documentation is the same as the income
documentation required for a borrower (see above).
Step 6 If you have property listed for sale please provide the following-
Current and signed lease Agreement
Listing Agent’s contact information that includes the name of the Real Estate Office, Phone Numbers and email address
Signed Third Party Authorization form to allow PHH to communicate directly with your Real Estate agent or Third party
acting on your behalf.
Step 7 If you have received an offer to purchase the property please provide the following-
Signed Sales Contract
Settlement Statement
Anti-Fraud Agreement (attached)
Affidavit of Arm’s Length Transaction (attached)
Power of Attorney (where applicable)
Step 8 Gather and send completed documents as your Borrower Response Package and submit immediately for assistance.
You must send in all required documentation listed above, and summarized below:
• Hardship Documentation • Income Documentation
• Other Supporting Documentation • Tax Returns
• Third Party Authorizations/Affidavits/Agreements • Listing Agreements/Purchase Offers
Please fax document to 1-856-917-2848 or mail all documents to us: PHH Mortgage Services 3131 Princeton Pike, Bldg 4, Ste 113 Lawrenceville, NJ 08648
Step 9 If you opted for Short Sale or Deed in Lieu, please complete and return the below documents.
IMPORTANT REMINDERS: Keep a copy of all documents and proof of mailing/emailing for your records. Don’t send original income or hardship documents. Copies are acceptable.
Frequently Asked Questions for Borrowers about Spanish and English Language Documents
Mortgage Loan Servicing
WWill my mortgage loan be serviced in English? Yes. You will receive all information and correspondence about the servicing of your mortgage loan in English. Servicing includes things such as
processing your payments, handling your escrow account, and generally managing your loan.
How do I make sure I understand the servicing of my loan? You should have someone you trust who is fluent in English review all loan-related documents with you. You also may want to contact a HUD Approved Housing Counselor for help in understanding issues about the servicing of your mortgage loan. You can find instructions on how to find a Spanish-speaking counselor at the end of this notice. [Ask us about our translation services.]
Do you provide Spanish translations of the servicing documents? Yes. We will provide Spanish versions of some servicing documents to help you with the information. Some of the documents available in Spanish include
1. forms used for the routine servicing of your loan,2. notices about servicing if your loan is transferred,3. forms used only in the event your loan is delinquent, and4. forms used if the terms of your loan are modified
Do Spanish language translations take the place of English language documents? No. The official servicing documents you receive will be in English. Any Spanish translations of these documents are for reference only and may not include specific information about your loan. If you need to sign any official documents during the term of your loan, the documents you sign will be in English.
How can I find a Spanish-Speaking HUD Approved Housing Counselor? You can find a list of HUD Approved Housing Counselors in your state at http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm
On the map, click on your state, and a list of HUD approved housing counselors in your state will appear. The languages the housing counselors speak are on the right side of the chart. You can narrow your search to housing counselors in your area that speak Spanish by clicking the phrase “Click here to narrow your search” above the map.
You can also call HUD at 800-569-4287 for assistance in locating a counselor.
More information about help with your mortgage can be found in Spanish at the Consumer Financial Protection Bureau (CFPB) website: http://www.consumerfinance.gov/es/
Preguntas frecuentes de los deudores sobre documentos en español e inglés
Servicios de administración de préstamos hipotecarios
¿¿Mi préstamo hipotecario será atendido en inglés? Sí. Usted recibirá toda la información y la correspondencia relacionada a la administración de su préstamo hipotecario en inglés. La administración del préstamo hipotecario incluye cosas tales como
el procesamiento de sus pagos, manejo de su cuenta de depósito para impuestos y seguros de la vivienda, y la gestión general de su préstamo.
¿Cómo puedo asegurarme de comprender la administración de mi préstamo hipotecario? Debe pedir a alguien de confianza que domine el idioma inglés que revise con usted todos los documentos relacionados con el préstamo. También puede ponerse en contacto con un asesor de vivienda aprobado por el Departamento de Vivienda y Desarrollo Urbano (HUD, por sus siglas en inglés) para obtener ayuda en la comprensión de los asuntos relacionados con la administración de su préstamo hipotecario. Al final de este aviso encontrará instrucciones sobre cómo buscar un asesor que hable español. [Ask us about our translation services. Consúltenos sobre nuestros servicios de traducción].
¿Proporcionan traducciones al español de los documentos de administración del préstamo? Sí. Proporcionamos versiones en español de algunos de los documentos de administración del préstamo para ayudarle con la información. Algunos de los documentos disponibles en español incluyen
1. los formularios utilizados para la administración rutinaria de su préstamo,2. los avisos sobre administración de su préstamo si este es transferido,3. los formularios utilizados solo en el caso de que su préstamo esté en mora, y4. los formularios utilizados si se modifican las condiciones de su préstamo
¿Las traducciones al español reemplazan a los documentos en inglés? No. Los documentos oficiales de administración del préstamo que usted recibe estarán en inglés. Cualquier traducción de estos documentos es solo para referencia y pueden no incluir información específica acerca de su préstamo. Si usted necesita firmar algún documento oficial durante el término de su préstamo, los documentos que firme estarán en inglés.
¿Cómo puedo conseguir un asesor de vivienda aprobado por el HUD que hable español? Puede conseguir una lista de asesores de vivienda aprobados por el HUD en su estado en http://www.hud.gov/offices/hsg/sfh/hcc/hcs.cfm
En el mapa, haga clic en su estado y aparecerá una lista de asesores de vivienda aprobados por el HUD. Los idiomas que hablan los asesores de vivienda están en el lado derecho del gráfico. Para reducir su búsqueda de los asesores de vivienda de habla hispana en su área, haga clic en la frase "Click here to narrow your search" arriba del mapa.
También puede llamar al HUD al 800-569-4287 para recibir ayuda para encontrar un asesor.
Podrá encontrar más información sobre ayuda con su hipoteca en español en el sitio web de la Oficina para la Protección Financiera del Consumidor (CFPB, por sus siglas en inglés): http://www.consumerfinance.gov/es/
Government Monitoring Data Form
Information for Government Monitoring Purposes
The following information is requested by the federal government in order to monitor compliance with federal statutes that prohibit discrimination in housing. You are not required to furnish this information, but are encouraged to do so. The law provides that a lender or servicer may not discriminate either on the basis of this information, or on whether you choose to furnish it. If you furnish the information, please provide both ethnicity and race. For race, you may check more than one designation. If you do not furnish ethnicity, race, or sex, the lender or servicer is required to note the information on the basis of visual observation or surname if you have made this request for a loan modification in person. If you do not wish to furnish the information, please check the box below.
BORROWER CO-BORROWER
I do not wish to furnish this information I do not wish to furnish this information
Ethnicity: Hispanic or Latino
Not Hispanic or Latino
Ethnicity: Hispanic or Latino
Not Hispanic or Latino
Race: American Indian or Alaska Native
Asian Black or African American Native Hawaiian or Other Pacific Islander White
Race: American Indian or Alaska Native
Asian Black or African American Native Hawaiian or Other Pacific Islander White
Sex: Female Male
Sex: Female Male
To be completed by Servicers Name/Address of Interviewer’s Employer
This request was taken by:
Face-to-face interview Mail Telephone Internet
Servicer/Interviewer’s Name (print or type) & ID Number
Servicer/Interviewer’s Signature
Servicer/Interviewer’s Phone Number (include area code)
Loan Number: Servicer/Interviewer’s Fax Number (include area code)
Servicer/Interviewer’s email address
Fannie Mae/Freddie Mac Form 710A Page 1 of 1 06/11
Mortgage Assistance Application If you are having mortgage payment challenges, please complete and submit this application, along with the required documentation, to [servicer name] via mail: [address], fax: [fax #], or online: [website/email address]. We will contact you within five business days to acknowledge receipt and let you know if you need to send additional information or documents.
We will use the information you provide to help us identify the assistance you may be eligible to receive. If you need help completing this application, please contact .
For a list of HUD-approved housing counseling agencies that can provide foreclosure prevention information, contact one of the following federal government agencies:
The U.S. Department of Housing and Urban Development (HUD) at (800) 569-4287 or www.hud.gov/counselingThe Consumer Financial Protection Bureau (CFPB) at (855) 411-2372 or www.consumerfinance.gov/mortgagehelp
If you need assistance with translation or other language assistance, HUD-approved housing counseling agencies may be able to assist you. These services are provided without charge.
Borrower Information Borrower’s name: _______________________________________________________________________________________
Social Security Number (last 4 digits): ___________________
E-mail address: ___________________________________________________ ____________________________________
Primary phone number: _________________________________________________ Cell Home Work Other
Alternate phone number: _________________________________________________ Cell Home Work Other
Co-borrower’s name: ____________________________________________________________________________________
Social Security Number (last 4 digits): ___________________
E-mail address: ___________________________________________________ ____________________________________
Primary phone number: ________________________________________________ Cell Home Work Other
Alternate phone number: _______________________________________________ Cell Home Work Other
Preferred contact method (choose all that apply): Cell phone Home phone Work phone Email Text—checking this box indicates your consent for text messaging
Is either borrower on active duty with the military (including the National Guard and Reserves), the dependent of a borrower on active duty, or the surviving spouse of a member of the military who was on active duty at the time of death? Yes No
Property Information Property Address: _______________________________________________________________________________________
Mailing address (if different from property address): ___________________________________________________________
The property is currently: A primary residence A second home An investment property
The property is (select all that apply): Owner occupied Renter occupied Vacant
I want to: Keep the property Sell the property Transfer ownership of the property to my servicer Undecided
Is the property listed for sale? Yes No – If yes, provide the listing agent’s name and phone number—or indicate “for sale by owner” if applicable: _______________________________________________________________________________
Is the property subject to condominium or homeowners’ association (HOA) fees? Yes No – If yes, indicate monthly dues: $_________________
Fannie Mae/Freddie Mac Form 710 Page 1 of 4 2017
Hardship Information The hardship causing mortgage payment challenges began on approximately (date) __________________ and is believed to be:
Short-term (up to 6 months) Long-term or permanent (greater than 6 months) Resolved as of (date) _______________________
TYPE OF HARDSHIP (CHECK ALL THAT APPLY) REQUIRED HARDSHIP DOCUMENTATION
Unemployment Not required
Reduction in income: a hardship that has caused a decrease in your income due to circumstances outside your control (e.g., elimination of overtime, reduction in regular working hours, a reduction in base pay)
Not required
Increase in housing-related expenses: a hardship that has caused an increase in your housing expenses due to circumstances outside your control (e.g., uninsured losses, increased property taxes, HOA special assessment)
Not required
Disaster (natural or man-made) impacting the property or borrower's place of employment
Not required
Long-term or permanent disability, or serious illness of a borrower/co-borrower or dependent family member
Written statement from the borrower, or otherdocumentation verifying disability or illnessNote: Detailed medical information is not required, andinformation from a medical provider is not required
Divorce or legal separation Final divorce decree or final separation agreement ORRecorded quitclaim deed
Separation of borrowers unrelated by marriage, civil union, or similar domestic partnership under applicable law
Recorded quitclaim deed ORLegally binding agreement evidencing that the non-occupying borrower or co-borrower has relinquished allrights to the property
Death of borrower or death of either the primary or secondary wage earner
Death certificate ORObituary or newspaper article reporting the death
Distant employment transfer/relocation For active duty service members: Permanent Change ofStation (PCS) orders or letter showing transfer.For employment transfers/new employment: Copy ofsigned offer letter or notice from employer showingtransfer to a new location or written explanation ifemployer documentation not applicable, ANDDocumentation that reflects the amount of any relocationassistance provided (not required for those with PCSorders)
Other – hardship that is not covered above: ___________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Written explanation describing the details of the hardshipand any relevant documentation
Fannie Mae/Freddie Mac Form 710 Page 2 of 4
Borrower Income Please enter all borrower income amounts in middle column.
MONTHLY TOTAL BORROWER INCOME TYPE & AMOUNT REQUIRED INCOME DOCUMENTATION
Gross (pre-tax) wages, salaries and overtime pay, commissions, tips, and bonuses
$ Most recent pay stub and documentation of year-to-date earnings if not on pay stub ORTwo most recent bank statements showing incomedeposit amounts
Self-employment income $ Two most recent bank statements showing self-employed income deposit amounts ORMost recent signed and dated quarterly or year-to-dateprofit/loss statement ORMost recent complete and signed business tax returnORMost recent complete and signed individual federalincome tax return
Unemployment benefit income $ No documentation required
Taxable Social Security, pension, disability, death benefits, adoption assistance, housing allowance, and other public assistance
$ Two most recent bank statements showing depositamounts ORAward letters or other documentation showing theamount and frequency of the benefits
Non-taxable Social Security or disability income
$ Two most recent bank statements showing depositamounts ORAward letters or other documentation showing theamount and frequency of the benefits
Rental income (rents received, less expenses other than mortgage expense)
$ Two most recent bank statements demonstratingreceipt of rent ORTwo most recent deposited rent checks
Investment or insurance income $ Two most recent investment statements ORTwo most recent bank statements supporting receiptof the income
Other sources of income not listed above (Note: Only include alimony, child support, or separate maintenance income if you choose to have it considered for repaying this loan)
$ Two most recent bank statements showing receipt ofincome OROther documentation showing the amount andfrequency of the income
Current Borrower Assets Exclude retirement funds such as a 401(k) or Individual Retirement Account (IRA), and college savings accounts such as a 529 plan.
Checking account(s) and cash on hand $
Savings, money market funds, and Certificates of Deposit (CDs) $
Stocks and bonds (non-retirement accounts) $
Other: $
Fannie Mae/Freddie Mac Form 710 Page 3 of 4
Borrower Certification and Agreement 1. I certify and acknowledge that all of the information in this Mortgage Assistance Application is truthful, and the hardship I
identified contributed to my need for mortgage relief. Knowingly submitting false information may violate Federal andother applicable law.
2. I agree to provide my servicer with all required documents, including any additional supporting documentation asrequested, and will respond in a timely manner to all servicer or authorized third party* communications.
3. I acknowledge and agree that my servicer is not obligated to offer me assistance based solely on the representations inthis document or other documentation submitted in connection with my request.
4. I consent to the servicer or authorized third party* obtaining a current credit report for the borrower and co-borrower.5. I consent to the disclosure by my servicer, authorized third party,* or any investor/guarantor of my mortgage loan(s), of
any personal information collected during the mortgage assistance process and of any information about any relief Ireceive, to any third party that deals with my first lien or subordinate lien (if applicable) mortgage loan(s), includingFannie Mae, Freddie Mac, or any investor, insurer, guarantor, or servicer of my mortgage loan(s) or any companies thatprovide support services to them, for purposes permitted by applicable law. Personal information may include, but is notlimited to: (a) my name, address, telephone number, (b) my Social Security number, (c) my credit score, (d) my income,and (e) my payment history and information about my account balances and activity.
6. I agree that the terms of this borrower certification and agreement will apply to any modification trial period plan,repayment plan, or forbearance plan that I may be offered based on this application. If I receive an offer for amodification trial period plan or repayment plan, I agree that my first timely payment under the plan will serve asacceptance of the plan.
7. I consent to being contacted concerning this application for mortgage assistance at any telephone number, includingmobile telephone number, or email address I have provided to the lender, servicer, or authorized third party.*
* An authorized third party may include, but is not limited to, a housing counseling agency, Housing Finance Agency (HFA)or other similar entity that is assisting me in obtaining a foreclosure prevention alternative.
Borrower signature: _________________________________________________ Date: _________________________
Co-Borrower signature: ______________________________________________ Date: _________________________
Fannie Mae/Freddie Mac Form 710 Page 4 of 4
MORTGAGE FRAUD IS INVESTIGATED BY THE FBI
Mortgage Fraud is investigated by the Federal Bureau of Investigation and is punishable by up to 30 years in federal prison or $1,000,000 fine, or both. It is illegal for a person to make any false statement regarding income, assets, debt, or matters of identification, or to willfully overvalue any land or property, in a loan and credit application for the purpose of influencing in any way the action of a financial institution.
Some of the applicable Federal criminal statutes which may be charged in connection withMortgage Fraud include:
18 U.S.C. § 1001 - Statements or entries generally18 U.S.C. § 1010 - HUD and Federal Housing Administration Transactions18 U.S.C. § 1014 - Loan and credit applications generally18 U.S.C. § 1028 - Fraud and related activity in connection with identification documents18 U.S.C. § 1341 - Frauds and swindles by Mail18 U.S.C. § 1342 - Fictitious name or address18 U.S.C. § 1343 - Fraud by wire18 U.S.C. § 1344 - Bank Fraud42 U.S.C. § 408(a) - False Social Security Number
Unauthorized use of the FBI seal, name, and initials is subject to prosecution under Sections 701, 709, and 712 of Title 18 of the United States Code. This advisement may not be changed or altered without the specific written consent of the Federal Bureau of Investigation, and is not an endorsement of any product or service.
ANTI-FRAUD AGREEMENT
ALL PARTIES TO THIS SHORT SALE MUST EXECUTE THIS AGREEMENT
The signatories hereunder (“Borrower and Related Parties”) acknowledge that the lender, servicer and/or owner of the loan(s) (collectively, the “Mortgagee”) have relied on their representations relating to the subject transaction. Borrower and Related Parties attest that all material and relevant facts relating to the subject transaction have been disclosed to the Mortgagee and that the entire financial transaction shall be reflected on a Mortgagee approved Settlement Statement. Borrower and Related Parties have read attached FBI warning and understand that Mortgage Fraud is a crime. Borrower and Related Parties confirm they are not engaged in any act that would constitute Mortgage Fraud or are otherwise attempting to defraud the Mortgagee.
The Mortgagee investigates and reports occurrences of suspected mortgage fraud to the FBI or local police authorities and pursues individuals conspiring or colluding to defraud Mortgage Lenders for civil damages.
__________________________ __________________________Buyer/Co-Buyer Name (Please Print) Buyer Agent Name (Please Print)
__________________________ __________________________Buyer Signature Buyer Agent Signature
__________________________ __________________________Co-Buyer Signature License Number
__________________________ __________________________Buyer Address Date
__________________________ __________________________Date Agency
__________________________ __________________________Seller/Co-Seller Name (Please Print) Seller Agent Name (Please Print)
__________________________ __________________________Seller Signature Seller Agent Signature
__________________________ __________________________Co-Seller Signature License Number
__________________________ __________________________Seller Address Date
__________________________ __________________________Date Agency
In addition to the attestation by the selling and buying parties above, please provide the following information for all indirect participants in the short sales transaction. All data must be provided prior to short sale approval, failure to provide information will result in short sale request being suspended.
Participant: Name: Address:Listing BrokerBuyer's lending institutionTitle Company Settlement AgencyClosing AttorneyShort Sale Assistance Firm
AFFIDAVIT OF "ARM'S LENGTH TRANSACTION"
Pursuant to a residential purchase agreement ("Agreement"), the parties identified below as "Seller(s)" and
"Buyer(s)," respectively, are involved in a real estate transaction whereby the Mortgage Servicer Account
Number identified as _____________________________________ the real property commonly known as
___________________________________________ ("Property") will be sold by Seller(s) to Buyer(s).
The Investor ("Lender") holds a deed of trust or mortgage against the Property. In order to complete the
sale of the Property, Seller(s) and Buyer(s) have jointly asked Lender to discount the total amount owed on
the loan which is secured by the deed of trust or mortgage. Lender, in consideration for the representations
made below by Seller(s), Buyer(s), and their respective agents, agrees to a short sale on the express
condition that Seller(s), Buyers, and their respective agents (including, without limitation, real estate
agents, escrow agents, and title agents) each truthfully represents, affirms, and states as follows:
(a) The sale of the Mortgaged Premises is an "arm's length" transaction, between parties who are
unrelated and unaffiliated by family, marriage, or commercial enterprise;
(b) There are no agreements, understandings or contracts between the parties that the Borrower will
remain in the Mortgaged Premises as a tenant or later obtain title or ownership of the Mortgaged
Premises, except to the extent that the Borrower is permitted to remain as a tenant on the Mortgaged
Premises for a short term, as is common and customary in the market but no longer than ninety (90)
days, in order to facilitate relocation;
(c) Neither the Borrower(s) nor the purchaser(s) will receive any funds or commissions from the sale of
the Mortgaged Premises. The Borrower may receive a payment if it is offered by PHH Mortgage
Services, approved by the Fannie Mae and reflected on the HUD-1 Settlement Statement.
(d) There are no agreements, understandings or contracts relating to the current sale or subsequent sale of
the Mortgaged Premises that have not been disclosed to the Servicer.
(e) All amounts to be paid to any party, including holders of other liens on the Mortgaged Premises, in
connection with the short payoff transaction have been disclosed to and approved by the Servicer and
will be reflected on the HUD-1 Settlement Statement
(f) Each signatory understands, agrees and intends that the Servicer and Fannie Mae are relying upon the
statements made in the affidavit as consideration for the reduction of the payoff amount of the
Mortgage and agreement to the sale of the Mortgaged Premises;
(g) A signatory who makes a negligent or intentional misrepresentation agrees to indemnify the Servicer
and Fannie Mae for any and all loss resulting from the misrepresentation including, but not limited to,
repayment of the amount of the reduced payoff of the Mortgage;
(h) The certification will survive the closing of the transaction; and
(i) Each signatory understands that a misrepresentation may subject the party making the
misrepresentation to civil and/or criminal liability
I declare under penalty of perjury under the laws of the State of CC that all
statements made in this Affidavit are true and correct.
Additionally, I/We fully understand that it is a Federal crime punishable by fine or imprisonment, or
both, to knowingly and willfully make any false statements concerning any of the above facts as
applicable under the provisions of Title 18, United States Code, Section 1001, et seq.
Seller: Seller:
Date Date
Print Name: Print Name:
Buyer: Buyer:
Date Date
Print Name: Print Name:
Listing Broker: Purchaser's Broker:
Date Date
Print Name: Print Name:
Transaction
Facilitator:
Transaction
Facilitator:
Date Date
Print Name: Print Name:
Escrow/Closing
Agent
Transaction
Facilitator:
Date Date
Print Name: Print Name:
STATE OF ___________________ )
)
COUNTY OF _____________ )
On _____________________, before me, ______________, Notary Public, personally
appeared _______________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name is subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity and that by his's/her's/their's signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of
______________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
________________________________
(seal)
STATE OF ___________________ )
)
COUNTY OF _____________ )
On _____________________, before me, ______________, Notary Public, personally
appeared _______________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name is subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity and that by his's/her's/their's signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument
I certify UNDER PENALTY OF PERJURY under the laws of the State of
______________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
________________________________
(seal)
STATE OF ___________________ )
)
COUNTY OF _____________ )
On _____________________, before me, ______________, Notary Public, personally
appeared _______________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name is subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity and that by his's/her's/their's signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument.
I certify UNDER PENALTY OF PERJURY under the laws of the State of
______________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
________________________________
(seal)
STATE OF ___________________ )
)
COUNTY OF _____________ )
On _____________________, before me, ______________, Notary Public, personally
appeared _______________________, who proved to me on the basis of satisfactory
evidence to be the person(s) whose name is subscribed to the within instrument and
acknowledged to me that he/she/they executed the same in his/her/their authorized
capacity and that by his's/her's/their's signature on the instrument the person, or the entity
upon behalf of which the person acted, executed the instrument
I certify UNDER PENALTY OF PERJURY under the laws of the State of
______________ that the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
Signature
________________________________
(seal)