ADDENDUM TO LISTING AGREEMENT BETWEEN (Seller) and ...
SN SERVICING CORPORATION
323 Fifth Street
Eureka, CA 95501
800-603-0836, Ext.
Fax (916) 231-
January 23, 2008
VIA FACSIMILE AND U.S. MAIL
Fax No.: Phone No.:
Re: Account No.: (PLEASE MAKE SURE THIS IS ON ALL CORRESPONDENCE)
Debtor:
Dear:
You have been assigned as agent of record on the above referenced asset.
Please immediately inspect and secure the property following the procedures as outlined on the attached Broker Instructions. Please take the time to review the Broker Instructions and the balance of this package very carefully. You may have previously received listing packages from our company; however this package was last revised on October 1, 2007, and you will need to be aware of changes made to the instructions on that date. This package should include the following:
Broker Instructions. This sheet sets out our procedures for property inspection, valuation, reporting and billing procedures.
Addendum to Listing Agreement. This addendum must be signed and returned to this office along with your standard listing agreement. Please note the entity name in which we hold title is ent.
REO Initial Property Inspection/Occupancy Status Report. Note that if property contains more than one unit, this report must be completed for each unit.
Agreement to Vacate.
ERC/CMA Form. To be completed and returned per Broker instructions within 7 days. If you are unable to complete this form within the allotted time frame, please notify the Asset Manager. IMPORTANT
Broker Monthly Status Report. This report must be completed and faxed to this office on a monthly basis.
Offer/Estimated Net to Seller Sheet. This form must be completed and submitted with any offer to purchase.
Check Request/Invoice Coversheet. See the billing procedures on Broker Instructions for information on the use of this form.
Addendum to Sales Contract. This addendum must be executed by Buyer and returned with all sales Contracts.
Commission/Referral Fee Instructions. This must be completed by the Listing Broker and returned with each sales contract.
Form W-9, Request for Taxpayer Identification Number and Certification. This form must be submitted with your Listing Agreement. If, however, you have already submitted a W-9 to our company, please disregard.
Should you have any questions, please contact me at (800) 603-0836. If you are unable to reach me by telephone, you may fax me at or email: @.
Sincerely,
REO Asset Manager
Enc.
SN SERVICING CORPORATION
Broker Instructions
Upon receipt of a request for a Competitive Market Analysis (CMA), the Agent shall proceed as follows:
1. Check occupancy status and report findings to the Asset Manager within 24 hours by completing and returning the REO INITIAL PROPERTY INSPECTION REPORT.
2. Immediately have vacant property re-keyed and secured. The property must be re-keyed to Quick-Set Master #35241. If a lockbox is installed on the property, it should be programmed with the first three letters of the street name.
3. Complete ERC/CMA and fax to Asset Manager within 7 DAYS of receipt of the request. Forward via email or fax (unless original documents are required in your state):
ERC/CMA including subject photos (front, rear, street and interior) and comparables photos.
Your signed listing agreement. Note: The Addendum to Listing Agreement included herewith must be signed and returned along with your standard form listing agreement.
A list of the recommended repairs and bids for same.
4. Order necessary utilities restored to the premises. If inspections are required in order to restore utilities, determine cost of said inspection and contact Asset Manager prior to proceeding with inspection.
5. Have vacant properties trashed out and basic cleaning and lawn care completed within 72 hours of access. If the estimated cost of performing the aforesaid is in excess of $500, obtain and submit two bids to the Asset Manager for approval before proceeding.
6. Within fifteen (15) days of execution of the listing agreement by both parties, submit to the Asset Manager a photograph of the premises with the Agent’s “For Sale” sign installed on the front lawn along with a copy of the MLS printout of the listing.
7. On a monthly basis, submit to the Asset Manager a completed copy of the Monthly Status Report attached.
8. If property is vacant, place on regular lawn maintenance as necessary and have winterized immediately when applicable.
Billing Procedures
(These procedures are intended to simplify and expedite payment of expenses. Therefore, your cooperation is greatly appreciated. Please contact your Asset Manager if you have any questions. Any bills submitted contrary to these instructions will be returned for correction. This will delay submission for reimbursement until the following month’s billing cycle.
Original invoices, along with copies of the Agent’s check must be submitted MONTHLY to this office so that they are received between the 1st and 10th days of each month. Failure to submit bills on a monthly basis will result in non-payment (unless prior approval from Asset Manager is received.) The monthly expenses for each property must be itemized on one check request form (see attached). Checks for reimbursement of monthly expenses will be made payable to the Agent (not the vendor).
Condo and Co-op fees must be requested with the monthly billing prior to the due date.
Repair bills in excess of $1,000 may be submitted on an individual check request outside of the regular billing cycle (with the Asset Manager’s prior approval) but must be paid directly to the Agent.
Closing Instructions
Sales contracts shall be closed in the following manner:
1. Upon verbal approval of an offer, Agent will complete appropriate forms and forward to the assigned Security National Asset Manager for review and execution.
2. The executed contracts will be returned to the Agent, who will disburse copies to purchaser, Title Company, Escrow Company and/or seller’s designated closing attorney, as appropriate for the state in which the property is located.
3. In states where title companies are authorized by law to prepare the conveyance documents, etc., Seller will not be represented by an attorney.
4. In all other states, the REO Closing Manager will designate an attorney who shall be responsible for communicating with buyer’s/lender’s attorney, preparing conveyance documents, etc.
5. The title company, escrow company or closing attorney shall be directed to communicate directly with the REO Closing Department in all matters involving the closing, including, but not limited to, title questions, entity documents, conveyance documents, etc.
6. The Listing Agent shall be responsible for follow-up with purchaser on any contract contingencies, including, but not limited to: (1) inspections, (2) mortgage pre-qualification, and (3) mortgage commitment, and shall promptly notify the REO Closing Department when same have been obtained or denied.
7. Seller will not be responsible for any administrative fees charged by Broker.
8. 100% forfeited deposits to be forwarded to seller.
Listing and Selling Agents’ commissions shall be deducted from the HUD and shall be disbursed to the appropriate parties by the Closing Agent. Any referral fees due will be deducted by the Closing Agent from Listing/Selling Agents’ commission as per the Addendum to Listing Agreement and disbursed by the Closing Agent to the appropriate party.
ADDENDUM TO LISTING AGREEMENT BETWEEN (Seller) and (Listing Agent) dated the _______ day of __________________________, 200___, covering the premises known as
(In the event any provisions of this Addendum conflict in whole or in part with the terms of the Listing Agreement, the provisions of this Addendum shall control.)
Occupancy prior to Settlement. Under no circumstances shall Agent allow a purchaser, prospective purchaser or any other individual the occupancy of the premises prior to the settlement and funding of the sales contract.
Seller’s Right to Cancel Agreement. If at any time during the term of this Agreement Seller, in its sole discretion, deems it advisable to terminate this Agreement, Seller may do so upon 24-hours written notice (facsimile notices shall be considered written notices). Upon the giving of said notice by Seller, this Agreement shall terminate and shall have no further force nor effect whatsoever as to either party.
Sales Commissions – Cooperating Brokers. In the event that a sales contract is executed and consummated with a purchaser who is introduced by a cooperating agent or selling agent, the total sales commission to be paid under the Agreement shall be split between the listing agent herein and the cooperating or selling agent in accordance with local custom or in accordance with an Agreement between listing and selling agent. Seller shall not be a party to this Agreement. In no event shall the total commission payable by the Seller exceed the amount shown in this Agreement.
Sales Commission. The total commission payable by Seller pursuant to this sale shall be the greater of 6% or an agreed-upon minimum. The commission shall be paid pursuant to the terms of a separate agreement between Broker and Seller. In the event that there is a cooperating agent involved in the sale of this property, commissions must be shown as an equal split on the HUD-1.
Outstanding Invoices - Final Utility Bills. All outstanding invoices relating to the property shall be submitted for payment to the appropriate Account Officer prior to the closing of the contract. The Account Officer, in his/her discretion, shall process said invoices through the normal accounts payable procedure or shall cause the amounts due on said invoices to be deducted from the proceeds of the sale due seller at the time of closing. It shall be the responsibility of the Listing Agent to immediately notify any utility supplier to discontinue service in his/her name or in the name of Seller.
Contract Closings. After execution and delivery of a sales contract, the Agent shall communicate with the Closing Department to facilitate and expedite the closing of the sale. The Agent shall immediately ascertain the name of Buyer’s title company and/or attorney and communicate said information to the Closing Department. The Agent shall also be responsible for monitoring the progress of Buyer’s mortgage commitment and shall report to the Closing Department on a weekly basis the status of said mortgage commitment.
Referral Fee. At closing, or within five (5) days thereafter, the Listing Broker shall pay to Security National Servicing Corporation, from commissions due, a referral fee equal to 1% of the sales price. In no event shall this referral fee be considered a real estate commission. The responsibility for this referral fee shall be borne by the Listing Broker.
The undersigned approve and accept this Addendum and acknowledge this Addendum to be a part of the Listing Agreement.
| |_________________________________________ |
|(Seller) |(Agent) |
| | |
|By: _____________________________________ |By: _____________________________________ |
|Date: __________________ |Date: __________________ |
SN SERVICING CORPORATION
REO INITIAL PROPERTY INSPECTION/OCCUPANCY STATUS REPORT
Note: If Property consists of more than one unit, this report must be submitted for each unit .
Due within 24 hours of assignment. Please print legibly.
When completed, fax to:
, Asset Manager
Fax (916) 231-
Property Address:
Loan Number:
Broker Information
Name:
Address:
Phone:
Fax:
Property Type
SFR Multi-Family Commercial Vacant Land Other: ________________
Total Number of Units: _____________
Occupancy Status
Unit No.: _____________ Occupied Vacant
| |Former | | |
|Name |Owner |Tenant |Unknown |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
| | | | |
Describe any extraordinary occupant hardship (i.e. elderly, infirm, etc.):
________________________________________________________________________________________________________________________________________________________________________
Is Cash for Keys viable? Yes No
Comments: _________________________________________________________________________
____________________________________________________________________________________
Property Condition: _________________________________________________________________
Describe any dangerous conditions that require immediate attention: ________________________
____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________
Describe any unusual conditions that could impact eviction or marketing: ____________________
________________________________________________________________________________________________________________________________________________________________________
SN Servicing Corporation
AGREEMENT TO VACATE
Date: _______________________
Dear ______________________________________:
The property located at (“Property”), which you are presently occupying, was foreclosed on the ________day of ________________, 20____. As a result of the foreclosure, __________________________________(“Owner”) is the lawful owner of the Property. Consequently, as of that date, you were no longer entitled to occupy the Property.
Because you have failed to vacate the Property, Owner will seek, among other things, to have you legally evicted from the Property, and will ask the Court for money damages compensation for your continued unlawful occupation.
____________________________________ wishes to resolve this matter quickly. Therefore, Owner will pay you $_______________ provided you do the following:
1. RESPOND TO THIS OFFER WITHIN 24 HOURS OF ______________(Date)
@ _________(am/pm).
2. Vacate the Property within ______ days of the date of this letter and leave the Property
in a clean and habitable condition; (Property vacated by ________________(date & time)
3. Allow Owner/Owner’s representatives access to the Property upon reasonable notice.
4. Provide Owner/Owner’s representatives, a true list of all persons currently residing at
the property, and update that list if any other persons begin residing at the Property. If
any other persons currently reside at the Property, they must also sign this Agreement in
order for it to be effective.
5. When you vacate the Property, the Property must be empty and no other persons may be
occupying the Property, unless Owner has made agreement in writing.
Upon determination by Owner that you have complied with all terms of this Agreement, Owner will pay you $_____________.
If you do not accept this offer, Owner will not make any other settlement offers and will pursue all legal remedies to the fullest extent of the law, including its right to possession of the Property, payment of all rent due since the date of foreclosure, as well as any other rights Owner has available to them under the law.
___________________________________________________________________________________
Owner Representative Title Date
I/We, _____________________________________________, as current occupant(s) of Property located
(print name(s) clearly)
at ______________________________________, hereby accept / refuse (circle one) this offer by signing
my/our name(s) in the space indicated below.
___________________________________ ________________ ___________________
name Social Security No. date home phone no.
___________________________________ ________________ ___________________
name Social Security No. date home phone no.
SN Servicing Corporation
Competitive Marketing Analysis
Purpose: This report is not an appraisal or a home inspection. Rather, it is designed to enable the real estate broker to conduct a diligent analysis of the subject property’s condition, competition, and future marketability. Based on this Analysis, the broker is to estimate the subject property’s:
Most Likely Sales Price “As Is” and Most Likely sales Price “With Repairs & Improvements,” and
Most Likely Net Price “As Is” and Most Likely Net Price “With Repairs & Improvements.”
assuming a reasonable marketing time, not to exceed 120 days. (Refer to definitions on page 3 of the form. )
Inspection Date:
File No.: Homeowner(s):
Property Address: Home Phone:
City, State, Zip: Work Phone:
CMA Requested by (Co. & Contact): SN Servicing, E-mail: aoe@
Requesting Co. Address: 323 Fifth Street Phone: (800) 603-0836, ext.
City, State, Zip: Eureka, CA 95502 Fax #: (916) 231-
Real Estate Firm & Contact: E-mail:
Real Estate Firm Address: Phone No.:
City, State, Zip: Fax No.:
Agent Preparer (if other than contact): Phone No.:
Form of Ownership: Fee Simple Leasehold Type: Condo Coop PUD Single Family Other
Occupant: Homeowner Tenant Vacant
Indicate any personal property that remains (e.g. refrigerator, range, lighting fixtures, ceiling fans, etc.)
Is the subject currently listed? Yes No Listing Company/Agent
Describe the most probable means of financing and terms for the subject:
Are points customarily paid by the seller on the most probable financing? Yes No If yes, how long?
Comment on any other financing concessions that are necessary to enhance the sale of the subject:
Do you anticipate any issues that would affect the ability to secure financing for the subject property? (e.g., condition, zoning, environmental, HOA, etc.) Yes No If yes, comment:
Note: The above financing information should be carried over to the Marketing Strategy and Value Analysis sections on page 3 of this form.
What repairs & improvements (R&I) are necessary to secure or obtain financing as indicated in the Financing section above and/or are recommended to enhance the subject’s marketability. (Recommended items should increase the subject’s value and/or lower the marketing time.) Indicate specific items and their estimated costs to cure.
|Interior Items |R&I Estimates |Exterior Items |R&I Estimates |
| |$ | |$ |
| |$ | |$ |
| |$ | |$ |
| |$ | |$ |
| |$ | |$ |
| |$ | |$ |
| |$ | |$ |
| Total Interior:|$ | Total |$ |
| | |Exterior: | |
Total R&I $
(Add the Total Interior $ and Total Exterior $)
Estimate the contributory value (if any) of the TOTAL R & I to the Most Likely Sales Price . . . . . . .. . $
Note: The above recommended R&I items and costs should be carried over to the MARKETING STRATEGY and VALUE ANALYSIS sections on page 3 of this form.
List all required and customary inspections (e.g., municipal, certificate of occupancy, environmental, etc.)
Required:
Customary:
Are there any visible/known problem areas that would warrant additional inspections (e.g., structural, etc.)?
List required disclosures if any:
Subject’s location type: Urban Suburban Distant suburban Rural Farm Resort
Market Area Price Range: $ to $ Property Values Are: Increasing Stable Declining
Marketing Time (list to contact): Up to 120 days 121- 180 days Over 180 days
Number of closed comparable sales in market area in the last six months:
Number of competing listing in subject price range:
Availability of competing listings: Shortage In balance Oversupply
Type of competing listings: (est. total should =100%): %New Homes %Resale % REO/Foreclosure % Corporate
Describe any marketing concession/incentives being offered on competing properties that may adversely affect the subject’s value:
Recommend any marketing concessions/incentives that should be offered for the subject:
|ITEM |SUBJECT |LISTING #1 |LISTING #2 |LISTING #3 |
|Address, City | | | | |
| | | | | |
|Proximity to Subject | | | | |
|Original List Price | | | | |
|Current List Price | | | | |
|Last Price Change (date) | | | | |
|Days-on-market | | | | |
|(from original list date) | | | | |
|Style | | | | |
|Car Storage/Type | | | | |
|Approximate Age | | | | |
|Lot Size | | | | |
|Appx. Gross Living Area | Sq.Ft. | Sq. Ft. | Sq. Ft. | Sq.Ft. |
|Above Grade Room Count |Tot. Brms. |Tot. Brms. |Tot. Brms. |Tot. Brms. Baths |
| |Baths |Baths |Baths | |
|Basement Area | | | | |
|Basement Finished | | | | |
|Deck/Patio | | | | |
|Pool/Spa | | | | |
|Type Air Conditioning | | | | |
|Type Heating System | | | | |
|Location |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |
|Lot Characteristics |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |
|View |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |
|Floor Plan Utility |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |
|Ext. Condition Appeal |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |
|Int. Condition Appeal |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |
| Overall Rating of Listings as|compared to subject |Plus Equal Minus |Plus Equal Minus |Plus Equal Minus |
Describe significant value-related differences between the subject and the competing listings (including condition, location appeal, amenities, deferred maintenance, utility, view market conditions and days-on-market) and explain any seller financing, discount points, and/or other concessions being offered. Also, indicate if the contact or agent has inspected the competing listing’s interior.
Listing # 1: Inspected? Yes No Comments:
Listing # 2: Inspected? Yes No Comments:
Listing # 3: Inspected? Yes No Comments:
|ITEM |SUBJECT |SALES #1 |SALES #2 |SALES #3 |
|Address, City | | | | |
| | | | | |
|Proximity to Subject | | | | |
|Original List Price | | | | |
|Final List Price | | | | |
|Sales Price | | | | |
|Under Contract Date | | | | |
|Closing Date | | | | |
|Days-on-market | | | | |
|(from original list date) | | | | |
|Style | | | | |
|Car Storage/Type | | | | |
|Approximate Age | | | | |
|Lot Size | | | | |
|Appx. Gross Living Area | Sq.Ft. | Sq. Ft. | Sq. Ft. | Sq.Ft. |
|Above Grade Room Count |Tot. Brms. |Tot. Brms. |Tot. Brms. |Tot. Brms. Baths|
| |Baths |Baths |Baths | |
|Basement Area | | | | |
|Basement Finished | | | | |
|Deck/Patio | | | | |
|Pool/Spa | | | | |
|Type Air Conditioning | | | | |
|Type Heating System | | | | |
|Location |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |
|Lot Characteristics |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |
|View |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |
|Floor Plan Utility |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |
|Ext. Condition Appeal |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |
|Int. Condition Appeal |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |Good Avg. Fair |
| Overall Rating of Sales |compared to subject |Plus Equal Minus |Plus Equal Minus |Plus Equal Minus |
|as | | | | |
Describe significant value-related differences between the subject and pending/closed sales (including condition, location, appeal, amenities, deferred maintenance, utility, view, market conditions and days-on-market) and explain any seller financing, discount points, and/or other concessions which were paid. Also, indicate if the contact or agent has inspected the comparable sale’s interior.
Sales # 1: Inspected? Yes No Comments:
Sales # 2: Inspected? Yes No Comments:
Sales # 3: Inspected? Yes No Comments:
Comment on significant features of the subject’s amenities and floor plan/design (appeal, flow, functionality, etc.) and describe any positive/negative influence on marketability:
Comment on any other known items (e.g., real estate, taxes, special assessments, HOA/Condominium/Cooperative fees or restrictions, future plant closings, environmental hazards, etc.) which may affect the marketing and eventual selling price of the subject property and that are not mentioned in any other section of this form:
|VALUE ANALYSIS |“AS IS” |WITH REPAIRS & IMPROVEMENTS” |
| | |(“AS IS” + CONTRIBUTORY VALUE AS INDICATED ON PG. 1) |
|Most Likely Sales Price (MLSP) |$ |$ |
|(marketing time not to exceed 120 days) | | |
|Cost of Repairs & Improvements (subtract) |$ |$ |
|Financing Concessions (subtract) |$ |$ |
|Marketing Concessions/incentives (subtract) |$ |$ |
|Most Likely Net Price |$ |$ |
Suggested Initial Listing Prices $ (As Is) $ (With R&I)
Additional Comments:
File No.: Real Estate Firm:
Real Estate Firm Tax ID No.: Date of Inspection:
Contact Name: Agent Preparer Name:
Contact Signature: ___________________________________ Agent Preparer Signature: _______________________________
SN SERVICING CORPORATION
Broker Monthly Status Report
SNP Account No.: Report Date: ____________________
Address:
Vacant Occupied Occupant’s Name ____________________________________________
Current List Price: _________________
Suggested List Price: _________________
Date of Last Visit to Property: _________________
Date of Last Showing: _________________
No. of Showings this Month: _________________
Status of repairs, if any: ______________________________________________________________
________________________________________________________________________________________________________________________________________________________________________
Suggestions to expedite sale of property: ________________________________________________
________________________________________________________________________________________________________________________________________________________________________
Current or new listings competing with property (attach computer printout): _________________
____________________________________________________________________________________
Current or new incentives competing with property (Fannie, HUD): _________________________
____________________________________________________________________________________
Comments: _________________________________________________________________________
________________________________________________________________________________________________________________________________________________________________________
ATTACH PHOTO OF PROPERTY SHOWING FOR SALE SIGN HERE
Attach MLS Printout
SN SERVICING CORPORATION
Offer/Seller Net Sheet
Note: Do not submit an offer to this office before pre-qualifying buyer.
Loan No.: Address:
Asset Manager:
Lender: __________________________________ Contact: _______________________________
Lender Phone/Fax: (_____) _____-______ (_____) ______-______
Listing Agent:
Listing Agent Phone/Fax:
Selling Agent: ___________________ Phone/Fax: (_____) _____-______ (_____) _____ -______
Buyer(s): _________________________________________________________________________
Deposit Amt.: $__________
Cash Conventional FHA VA 203K Seller
Other (Explain):______________________________
Terms: ________________________________________________________________________
____________________________________________________________________________________
Closing Penalty: $50 per day (to start day after originally scheduled closing date if delay occasioned by buyer or lender delay).
Comments and Contingencies: __________________________________________________________________________________________________________________________________________________________________________________________________________________________________
SELLER HAS THE RIGHT TO CONTINUE TO OFFER THE PROPERTY FOR SALE AND TO ACCEPT ANY OTHER OFFER AT ANY TIME PRIOR TO ACCEPTANCE IN WRITING VIA A SIGNED PURCHASE AGREEMENT. THIS NET SHEET DOES NOT CONSTITUTE WRITTEN ACCEPTANCE.
Buyer type: Owner/Occupant Investor
|List Price $ |Buyer | |Buyer | |Buyer | |
| |Offer |Counter |Counter |Counter |Counter |Counter |
|Date Submitted | | | | | | |
|Contract Price |$ |$ |$ |$ |$ |$ |
|Estimated Close Date | | | | | | |
|Seller Costs: | | | | | | |
| Appraisal Fee |$ |$ |$ |$ |$ |$ |
| Attorney Fee |$ |$ |$ |$ |$ |$ |
| Closing Fee |$ |$ |$ |$ |$ |$ |
| Commission |$ |$ |$ |$ |$ |$ |
| Discount Points |$ |$ |$ |$ |$ |$ |
| Document Stamps |$ |$ |$ |$ |$ |$ |
| Document Preparation Fee |$ |$ |$ |$ |$ |$ |
| Escrow Fee |$ |$ |$ |$ |$ |$ |
| Homeowner Policy/Warranty |$ |$ |$ |$ |$ |$ |
| Loan Origination Fee |$ |$ |$ |$ |$ |$ |
| Property Tax |$ |$ |$ |$ |$ |$ |
| Recording Fee |$ |$ |$ |$ |$ |$ |
| Survey |$ |$ |$ |$ |$ |$ |
| Termite Inspection |$ |$ |$ |$ |$ |$ |
| Title/Abstract |$ |$ |$ |$ |$ |$ |
| Tax Certificates |$ |$ |$ |$ |$ |$ |
| Tax Services Fee |$ |$ |$ |$ |$ |$ |
| Transfer Tax |$ |$ |$ |$ |$ |$ |
| Underwriting Fee |$ |$ |$ |$ |$ |$ |
| Buyer’s Non-Allowables |$ |$ |$ |$ |$ |$ |
| Buyer’s Escrow Fee |$ |$ |$ |$ |$ |$ |
| Zone Disclosure |$ |$ |$ |$ |$ |$ |
| Termite Repair |$ |$ |$ |$ |$ |$ |
| Lender Required Repair |$ |$ |$ |$ |$ |$ |
| |$ |$ |$ |$ |$ |$ |
| |$ |$ |$ |$ |$ |$ |
|Total Seller’s Costs |$ |$ |$ |$ |$ |$ |
|Estimated Net Proceeds to Seller |$ |$ |$ |$ |$ |$ |
SN SERVICING CORPORATION
Check Request/Invoice Coversheet
Entity: Asset Name: Asset No.:
Address:
Broker/Agent Name: Phone:
Remit to: ___________________________________________ Tax ID No.: _______________________
Vendor Name
______________________________________________________________________________
Address, City, State, Zip
Instructions to submitting Broker/Agent: Fill out this form in its entirety, with the exception of the areas designated for SNP USE ONLY. Each invoice for which reimbursement is requested must be identified individually. An original invoice, as well as a copy of the check used to pay same, must be attached for each reimbursement requested.
|Utilities |
| |$ |
| |$ |
| |$ |
| |$ |
|Total Utilities |$ |
|Maintenance |
| |$ |
| |$ |
| |$ |
|Total Maintenance |$ |
|Approved Repairs |
| |$ |
| |$ |
| |$ |
| |$ |
|Total Approved Repairs |$ |
|Other |
| |$ |
| |$ |
| |$ |
|Total Other |$ |
|TOTAL CHECK AMOUNT |$ |
I have inspected the work for which the invoices listed above are submitted and found it to be done in a professional and satisfactory manner.
________________________________________ Date: _____________________
Listing Agent
SNP USE ONLY
Requested by: ______________________________________ Date: _______________________
Approved by: ______________________________________ Date: _______________________
Special Instructions: _______________________________________________________________
ADDENDUM TO SALES CONTRACT BETWEEN ent (Seller) and ______________________________ (Purchaser) dated the _____ day of _______________, 200 ___.
(In the event any provision of this Addendum conflicts in whole or in part with the terms of the Contract of Sale, the provisions of this Addendum shall control.)
1. Purchaser acknowledges that Seller obtained the property by foreclosure. The Contract of Sale is subject to each of the following conditions: (i) final acquisition of property by Seller and (ii) the ability of Seller to clear title to the extent required in the Contract of Sale. Should Seller not acquire property as anticipated, Seller shall notify Purchaser that the Contract of Sale is canceled and the earnest money deposit shall be returned to Purchaser and Seller shall have no further obligation to sell or convey the property to Purchaser.
2. Time of the Essence. Buyer acknowledges that Seller’s acceptance of the contract purchase price is contingent upon closing and funding the sale herein on or prior to the contract close date.
Seller has opened title with:
Phone
Fax
A copy of the title commitment is attached hereto.
If Buyer elects to use a closing agent other than the agent specified above, Buyer shall have said agent deliver to Seller within five (5) days of the execution of this contract, a title commitment defining the status of title and any exceptions thereto. In either event, it shall be the responsibility of the Buyer to schedule with the closing agent a settlement date on or before the contract close date.
In the event that there are exceptions to the title which must be resolved by the seller prior to closing and these exceptions are not resolved before the contract close date, the contract close date shall be extended to five (5) days beyond the date on which Seller provides to the closing agent a resolution of any title exceptions.
In the event that the sale does not close on or before the contract close date (or extended date as provided above), Buyer shall pay at closing in addition to the contract price an amount equal to the greater of $50 or .0329% of the contract purchase price for each day beyond the close date.
Seller agrees to deliver and purchaser agrees to accept insurable title. In the event that there are any valid objections to title and seller cannot deliver a title insurance policy which insures over these exceptions, Seller shall have sixty (60) days from the date of receipt of written notification within which to resolve title exceptions or defects or other title issues which in any way impede or impair Seller’s ability to convey insurable title. If, within such sixty (60) day period, Seller determines that it is unable or unwilling to resolve such matters, then Purchaser (i) may take title in its then state, thereby waiving any title objections, or (ii) terminate the contract and receive a refund of any deposit as Purchaser’s sole and exclusive remedy.
Buyer Initial __________
3. Purchaser accepts the property in “AS IS” condition at the time of execution of this contract, including any hidden defects, known or unknown, which include but are not limited to any mold or mold-related issues. Purchaser acknowledges that neither Seller nor its agents have made any warranties, implied or expressed, relating to the condition of the property. Except as specifically set out on Exhibit “A” attached hereto, Seller shall not be responsible for the repair, replacement or modification of any deficiencies, malfunctions or mechanical defects in the material, workmanship and mechanical components of the appurtenant structures and improvements prior or subsequent to closing. Items of personal property are not included in this sale. Seller makes no representation or warranty as to the condition of personal property, title to personal property or whether any personal property is encumbered by liens. Purchaser agrees that Seller shall have no liability for any claim or losses Purchaser or Purchaser’s successors may incur as a result of any condition or other defect, which may now or hereafter exist with respect to the property. The property has neither been inhabited nor inspected by the Seller.
4. Purchaser is urged to make all necessary inspections at Purchaser’s expense. The purpose of inspection will be to inform Purchaser in a written report of whether the property is in a condition materially different than Purchaser expected when making the offer to purchase the property by executing the Contract of Sale. Purchaser acknowledges that it is Purchaser’s sole responsibility to obtain inspection reports by qualified professions. In the event the inspection reveals material deficiencies, Purchaser may cancel the Contract of Sale by providing Seller with written notification together with the inspection reports and a written designation of the deficiencies. Purchaser’s failure to furnish written notice of cancellation, together with the inspection reports and the designation of deficiencies within ten (10) days of the effective date of this Contract shall conclusively be deemed Purchaser’s election to accept the condition of the property and to proceed with the transaction. If Purchaser chooses not to make inspections, Seller and Seller’s agent will be held harmless in the event of any mechanical failures or structural defects.
5. Purchaser agrees to indemnify Seller and fully protect, defend and hold Seller, its agents, employees and contractors harmless from and against any and all claims, costs, liens, loss, damages, attorney’s fees and expenses of every kind and nature that may be sustained by or made against Seller or any damage to the property or any adjoining property, or any injury to Purchaser or any other person that may result from or arise out of inspections made by Purchaser or its agents, employees and contractors prior to closing.
6. Seller’s responsibility for any repairs required as a result of an inspection by the lender shall not exceed $________. If the cost for any such repairs exceeds such amount, then (i) Purchaser shall be responsible for the cost and expense of any amounts exceeding such repair limit, or (ii) Seller shall have the right to cancel the Contract of Sale and return all earnest moneys paid by Purchaser. Purchaser shall not have the right to make repairs to the property prior to closing.
7. Any obligation of Seller to obtain a compliance certificate relating to the property (such as a certification relating to smoke detectors) shall not apply in the event the property is not in habitable condition, unless otherwise required by law.
8. If this sale is being financed, Purchaser shall have five (5) business days from the effective date of the Contract of Sale to make loan application. Seller may cancel the Contract of Sale in the event Purchaser is not “prequalified” within seven (7) business days from the date of the Contract of Sale. Purchaser must, within seven (7) business days from the date of the contract, provide Seller with a “prequalification” letter from a bona fide lending institution. In the event Purchaser’s loan application is denied and this sale is not consummated because (i) Purchaser’s complete credit history was not disclosed at the initial loan application, or (ii) Purchaser’s required income and cash reserves cannot be verified, then Purchase shall be in default of the Contract of Sale and Purchaser’s earnest money deposit shall be forfeited to Seller.
9. Notwithstanding any other provision of the Contract of Sale (including, if applicable, any financing contingency), in no event shall the Contract of Sale be contingent upon the ability of the Purchaser to sell or close other real estate owned by Purchaser.
10. Title will transfer with a Special or Limited Warranty Deed, Grant Deed, Cash Sale Deed, or Quit Claim Deed depending upon the state the property is located in and the laws of title transfer.
11. Any Purchaser closing costs (including FHA/VA non-allowables and Purchaser share of escrow/title company/attorney closing fees) that are to be paid by seller shall not exceed $______________. In the event the total of such closing costs are less than the amount of Seller’s contribution toward closing costs, then Seller’s contribution shall be limited to the total of such closing costs. Seller’s contribution to closing costs shall not be applied to loan origination fees; prepaid taxes, interest or insurance; mortgage insurance; funding fees; appraisal; credit report; mortgage brokerage fees, or other lender charges not previously agreed to. Purchaser/lender shall supply an itemized list of closing costs along with proof of prequalification within __________ business days from the date of the Contract of Sale. ANY COST SELLER IS PAYING MUST BE ITEMIZED ON THE HUD-1 AND CANNOT BE SHOWN AS A CREDIT TO THE PURCHASER.
12. Seller shall not be required to provide a survey of the property. In the event purchaser is obtaining financing and the lender providing said financing shall require a current survey, said survey shall be at buyer’s expense, except that the cost of same may be included in Seller’s contribution to closing costs as set out in paragraph 11, above. In no event shall the inclusion of the cost of said survey increase the maximum amount of Seller’s contribution.
13. Settlement/closing shall be held in the offices of the Seller’s attorney or closing agent, or at a place designated and approved by Seller. Seller’s attorney or agent shall hold the deposit moneys in a non-interest bearing trust account. Copy of same is to be forwarded to Seller immediately upon receipt. Time is of the essence. The sale may not be closed in escrow without the prior written consent of Seller, namely Seller execution of the HUD-1.
14. All verbal negotiations are subject to written acceptance by Seller.
15. Purchaser may not occupy the property prior to closing and funding. Purchaser shall be in default of the Contract of Sale in the event he occupies or alters the property or permits it to be occupied by any other person prior to closing and funding.
16. The acceptance of the Deed by Purchaser shall be deemed to be a full performance and discharge of every agreement and obligation on the part of the Seller to be performed pursuant to the provisions of the Contract of Sale.
17. The total commission payable by Seller pursuant to this sale shall be 6% of the purchase price or $___________. The commission shall be paid pursuant to the terms of a separate agreement between Broker and Seller. In the event that there is a cooperating agent involved in the sale of this property, commissions must be shown as an equal split on the HUD-1.
18. Additional Conditions:
____________________________________________________________________________________________________________________________________________________________________________
______________________________________________________________________________________
The undersigned approves and accepts this addendum and acknowledges this addendum to be a part of the Contract of Sale.
|________________________________________________ |________________________________________________ |
|(Purchaser) |ent (Seller) |
| | |
|________________________________________________ |By: _____________________________________________ |
|(Purchaser) |Name: |
| | |
|Date: ______________________ |Date: ______________________ |
The following form must be completed by the Listing Broker and returned with each contract to the REO Account Officer with whom you are working.
COMMISSION/REFERRAL FEE INSTRUCTIONS
Real estate commissions/referral fees are to be deducted from the Seller’s proceeds at closing and are to be paid as indicated below.
Property Address: ____________________________
____________________________
Sales Price: $_______________
Total Commission: $_______________ (Sales price x 6%)
Listing Broker: $_______________
Selling Broker: $_______________
Referral Fee: $_______________ (Sales price x 1%; to be taken from Listing Broker commission)
Listing Commission Payable to: __________________________________________
__________________________________________________
__________________________________________________
Selling Commission Payable to: __________________________________________
__________________________________________________
__________________________________________________
Referral fee Payable to: Security National Servicing Corporation
4150 S. Sherwood Forest Blvd., Suite 210
Baton Rouge, LA 70816
Signature of Listing Broker: ____________________________________
-----------------------
Give form to the
requester. Do NOT
send to the IRS.
name and address (optional)
number(s) here (optional)
For Payees Exempt From Backup
Department of the Treasury
Internal Revenue Service
Name (If a joint account or you
Form
(Rev.
W-9
November 1999)
Request for Taxpayer
Identification Number and Certification
on page 2.)
Partnership Other
Specific Instructions
changed your name, see
t
i
l
p
o
n
p
s
e
e
y
r
t
r
e
a
P
Taxpayer Identification Number (TIN)
TIN in the appropriate box. For
(See the instructions
Withholding
on page 2.)
number to be
this is your social security number
However, if you are a resident alien OR a
sole proprietor, see the instructions on page 2.
For other entities, it is your employer
identification number (EIN). If you do not have a
number, see
Social security number
– –
OR
Employer identification number
–
on page 2.
than one name,
How to get a TIN
If the account is in more
the chart on page 2 for guidelines on whose
number to enter.
Part III Certification
Under penalties of perjury, I certify that:
Requester’s
List account
Part II
[pic]
waiting for a
Note:
see
(c)
backup withholding as a result of a failure to report interest or dividends, or
notified me that I am no longer subject to backup withholding.
I have not been notified by the Internal
You must cross out item
Certification instructions.
withholding because you
the IRS has
2
does not apply.
individual retirement
arrangement (IRA), and generally, payments other than interest and dividends, you are not required to sign the Certification, but you must
provide your correct TIN. (See the instructions on page 2.)
Sign
2
above if you have been notified by the IRS that you are currently subject to backup
have failed to report all interest and dividends on your tax return. For real estate transactions, item
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an
(b)
all
and
The number shown on this form is my correct taxpayer identification number (or I am issued to me),
1.
2.
I am exempt from backup withholding, or
(a)
I am not subject to backup withholding because:
Revenue Service (IRS) that I am subject to
Here
Purpose
required
the IRS
Signature
[pic]
person who is
[pic]
5.
Date
Persons
2.
requester, or
required (see the Part III instructions on
page 2 for details), or
You do not certify your TIN when
You do not furnish your TIN to
will
the
withholding. Payments you receive
subject to backup withholding if:
1.
be
The IRS tells you that you are subject
4.
to
backup withholding because you did not
report all your interest and dividends on
your tax return (for reportable interest and
dividends only), or
Cat. No. 10231X
Form W-9 to request your TIN, you
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*must use the requester’s form if it is
substantially similar to this Form W-9.
If requester gives you a form other
The IRS tells the requester that you
3.
Note:
than
furnished an incorrect TIN, or
you must
withhold and pay to the IRS 31% of such
payments under certain conditions. This is
called “backup withholding.” Payments
that may be subject to backup withholding
include interest, dividends, broker and
barter exchange transactions, rents,
royalties, nonemployee pay, and certain
payments from fishing boat operators. Real
estate transactions are not subject to
backup withholding.
If you give the requester your correct
TIN, make the proper certifications, and
report all your taxable interest and
dividends on your tax return, payments
you receive will not be subject to backup
that
withholding under 3 above (for reportable
interest and dividend accounts opened
after 1983 only).
Certain payees and payments are
exempt from backup withholding. See the
Part II instructions and the separate
Instructions for the Requester of Form
W-9.
Penalties
your correct taxpayer
identification number (TIN) to report, for
example, income paid to you, real estate
transactions, mortgage interest you paid,
acquisition or abandonment of secured
property, cancellation of debt, or
contributions you made to an IRA.
Use Form W-9, if you are a U.S. person
(including a resident alien), to give your
correct TIN to the person requesting it (the
requester) and, when applicable, to:
You do not certify to the requester
you are not subject to backup
of form.
to file an
must get
A
information return with
What is backup withholding?
making certain payments to
W-9
Form
(Rev. 11-99)
Part I
Enter your
individuals,
(SSN).
Specific Instructions
on page 2.)
Business name, if different from above. (See
Check appropriate box:
Individual/Sole proprietor Corporation
Address (number, street, and apt. or suite no.)
City, state, and ZIP code
[pic]
2.
correct (or you are waiting for a number to
be issued),
Certify you are not subject to backup
use an appropriate Form
If the requester discloses
Misuse of TINs.
or uses TINs in
criminal penalties including fines
and/or imprisonment.
violation of Federal law, the
requester may be subject to civil and
criminal penalties.
must
a
Failure to furnish TIN.
your correct TIN to a
If you fail to furnish
withholding if you are an exempt payee.
reasonable basis
that results in no backup withholding, you
are subject to a $500 penalty.
Criminal penalty for falsifying
If you make a
respect to withholding.
false statement with no
Claim exemption from backup
3.
withholding, or
information.
certifications
you to
requester, you are
subject to a penalty of $50 for each such
failure unless your failure is due to
reasonable cause and not to willful neglect.
Civil penalty for false information with
persons
W-8.
Willfully falsifying
or affirmations may subject
prefers
foreign
foreign
If you are a foreign person, IRS
you use a Form W-8 (certificate of
status). After December 31, 2000,
Certify the TIN you are giving is
1.
Form W-9 (Rev. 11-99) Page
2
2
The minor
The
Interest, dividend, broker, and
barter exchange accounts opened after
1983 and broker accounts considered
1
grantor-trustee
1
The actual owner of the
account or, if combined
funds, the first individual
Two or more
individuals (joint
account)
Custodian account of
a minor (Uniform Gift
to Minors Act)
a. The usual
revocable savings
trust (grantor is
also trustee)
b. So-called trust
account that is not
a legal or valid trust
under state law
Sole proprietorship
during 1983.
TIN, but you
certification.
2.
on the account
You must give your correct
do not have to sign the
cross out item
signing the
3
2
form.
in the certification before
For this type of account: name and
The owner
Give
You must sign the
withholding will
inactive during 1983.
certification or backup
apply. If you are
The actual owner
subject to backup
withholding and you are merely providing
your correct TIN to the requester, you must
1
EIN of:
If you are an individual, you must
Name.
Specific Instructions
Individual The individual
1.
2.
3.
4.
5.
generally enter the name shown on your
social security card. However, if you have
changed your last name, for instance, due
to marriage, without informing the Social
Security Administration of the name
change, enter your first name, the last
name shown on your social security card,
and your new last name.
If the account is in joint names, list first
and then circle the name of the person or
entity whose number you enter in Part I of
the form.
3. Real estate transactions.
sign the certification. You may
2
of the certification.
You must
cross out
item
4.
6.
7.
8.
9.
10.
11.
12.
entity
pension trust
Corporate The
You must give your
not have to sign
pension distributions.
correct TIN, but you do
the certification.
Privacy Act Notice
Section 6109 of the
4
You must give your
do not have to sign
the certification unless you have been
notified that you have previously given an
incorrect TIN. “Other payments” include
payments made in the course of the
requester’s trade or business for rents,
royalties, goods (other than bills for
merchandise), medical and health care
services (including payments to
corporations), payments to a nonemployee
for services, payments to certain fishing
boat crew members and fishermen, and
gross proceeds paid to attorneys (including
payments to corporations).
5. Mortgage interest paid by you,
acquisition or abandonment of secured
property, cancellation of debt, qualified
state tuition program payments, IRA or
MSA contributions or distributions, and
corporation
Association, club, The organization
religious, charitable,
educational, or other
tax-exempt
organization
Partnership The partnership
A broker or registered The broker or nominee
nominee
Account with the The public entity
Department of
Agriculture in the name
of a public entity (such
as a state or local
government, school
district, or prison) that
receives agricultural
program payments
Other payments.
correct TIN, but you
Identification Number, to apply
Application for IRS Individual
Internal Revenue Code
requires you to give your correct TIN to
for an ITIN or
Employer
Identification Number, to apply
for an EIN. You can get Forms W-7 and
SS-4 from the IRS by calling
1-800-TAX-FORM (1-800-829-3676) or
from the IRS’s Internet Web Site at
.
If you do not have a TIN, write “Applied
For” in the space for the TIN, sign and
date the form, and give it to the requester.
For interest and dividend payments, and
certain payments made with respect to
readily tradable instruments, generally you
will have 60 days to get a TIN and give it
to the requester. Other payments are
subject to backup withholding.
Application for
Form SS-4,
that of the first name listed.
Application for
your local
Form SS-5,
Security Card, from
Social Security Administration office. Get
Note:
name
be
If no name is circled when more than one
is listed, the number will be considered to
Form W-7,
Taxpayer
Note:
you
Writing “Applied For” means that
Circle the minor’s name and furnish the minor’s SSN.
You must show your individual name, but you may also
enter your business or “doing business as” name. You
may use either your SSN or EIN (if you have one).
or pension trust. (Do not furnish the TIN of the personal
representative or trustee unless the legal entity itself is
not designated in the account title.)
List first and circle the name of the legal trust, estate,
4
1
OR
that
List first and circle the name of the person whose
2
3
number you furnish. If only one person on a joint
account has an SSN, that person’s number must be
furnished.
have already applied for a TIN
you intend to apply for one soon.
individual
security
below.
you are a sole proprietor and you have
TIN
If
an
name as
EIN, you may enter either your SSN or
EIN. However, using your EIN may result in
unnecessary notices to the requester.
Part II—For Payees Exempt From
Backup Withholding
Individuals (including sole proprietors) are
card. You may enter your
business, trade, or “doing business as”
Corporations are exempt from backup
withholding for certain payments, such as
interest and dividends. For more
information on exempt payees, see the
separate Instructions for the Requester of
Form W-9.
If you are exempt from backup
withholding, you should still complete this
form to avoid possible erroneous backup
withholding. Enter your correct TIN in Part
I, write “Exempt” in Part II, and sign and
date the form.
If you are a nonresident alien or a foreign
entity not subject to backup withholding,
give the requester a completed Form W-8
(certification of foreign status).
Part III—Certification
For a joint account, only the person whose
TIN is shown in Part I should sign (when
required).
1. Interest, dividend, and barter
exchange accounts opened before 1984
and broker accounts considered active
Sole proprietor.
You must enter your
shown on your social
exempt from backup withholding.
How to get a
do not have an ITIN, see
not
name on the
Other
clarification of name and TIN combinations.
on required Federal tax
documents. This name should match the
name shown on the charter or other legal
document creating the entity. You may
enter any business, trade, or “doing
business as” name on the business name
line.
Part I—Ta xp ayer I dentifi cation Number
(TIN)
You must enter your TIN in the appropriate
box. If you are a resident alien and you do
not have and are not eligible to get an
SSN, your TIN is your IRS individual
taxpayer identification number (ITIN). Enter
it in the social security number box. If you
Enter your business
How to get a TIN.
TIN, apply for one
for an SSN, get
a Social
immediately. To apply
If you do not have a
entities.
name as shown
Sole proprietorship The owner
A valid trust, estate, or Legal
line.
business name
Note:
See the chart on this page for further
3
persons who must file information returns
with the IRS to report interest, dividends,
and certain other income paid to you,
mortgage interest you paid, the acquisition
or abandonment of secured property,
cancellation of debt, or contributions you
made to an IRA or MSA. The IRS uses the
numbers for identification purposes and to
help verify the accuracy of your tax return.
The IRS may also provide this information
to the Department of Justice for civil and
criminal litigation, and to cities, states, and
the District of Columbia to carry out their
tax laws.
You must provide your TIN whether or
not you are required to file a tax return.
Payers must generally withhold 31% of
taxable interest, dividend, and certain other
payments to a payee who does not give a
TIN to a payer. Certain penalties may also
apply.
What Name and Number To
Give the Requester
For this type of account: Give name and SSN of:
................
................
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