Unsecured Note And A Short

Working a short with C-wide and they are asking the Seller to carry an unsecured note with no interest for the difference and if he agrees they will approve the short sale



The sales price is 90% of the appraisal they ordered and both loans are with C-wide, the first is being paid in full and the 2nd is being shorted.



Why are they being so difficult or should we call their potential bluff?



Do you think in a worst case scenario the amount of the note and/or length of term can be negotiated?



Is the accepting of an unsecured note good or bad for a Seller in the overall picture?



Thanks

Comments(13)

  • bgrossnickle18th October, 2007

    (1) is this a owner occupied or investment property?
    (2) when did they get the new mortgage and how many payments did they make?
    (3) what is the difference in the appraisal price and the loan amount?
    (4) what was the hardship and did you have all the short sell package to sent Countrywide?

  • Ruman18th October, 2007

    Bankruptcy would also probably erase this unsecured debt, if thats a possiblility for your client.

  • cjmazur21st October, 2007

    in order for a loan to me considered valid by the IRS, a valid interest rate much me charged. If not the IRS will assess a rate.

    imputed interest
    Definition

    Interest considered by the IRS for tax purposes to have been paid, even if no interest was actually paid.

  • bgrossnickle22nd October, 2007

    Why do people bother to ask a question and then never come back with any answers, updates, or additional input?

  • cjmazur23rd October, 2007

    You tell them!

  • reweb23rd October, 2007

    I appreciate the input.

    I called them on the note and stated the seller would be unable to accept it and I am awaiting an answer, hence no update as of yet.

  • reweb24th December, 2007

    Realtor contracts / agent.

  • LAE26th December, 2007

    much appreciated!

  • CFALB14th January, 2008

    A new tactic looking for funds from the old borrower
    Simply a Bluff , I have done many short sales w/ countrywide and never have they asked for it.
    I do however submit a full package using legitmate
    contracta and forms. I always use Freddie Mac form
    1126 "statement of Assets in all my deals. They
    are approved by all banks.

  • amighty6th January, 2008

    Be aware that cost for mechanical issues on an apartment building could sink your ship in the end. What may seem to be a good deal now could be your biggest mistake.

    Make sure you get a good inspector (for HVAC, Plumbing, Electrical, etc.) out there before buying.

  • cjmazur6th January, 2008

    I would ask that the contingency start once the SS is approved by the bank, and ask for access to the property while the bank is considering the SS.


    You might buy some time this way.

  • CFALB15th January, 2008

    I feel that your Purchase contract was not submitted. Did you provide proof of funds and / or a Loan Approcal letter. Resubmit your offer at a lower price and take off the contingencies if any. t

  • CFALB15th January, 2008

    GMAC request a notarized Authorization to negotiate
    the deal. Then it just standard short sale requirements email me if you need help I can email you the standard short sale requirements

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