ADDENDUM TO LISTING AGREEMENT BETWEEN (Seller) and

SN SERVICING CORPORATION
323 Fifth Street
Eureka, CA 95501
800-603-0836, Ext.
Fax (916) 231July 13, 2017
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: @snsc.com.
Sincerely,
REO Asset Manager
Enc.
1
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 nonpayment (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.
2
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: __________________
3
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
Total Number of Units:
Commercial
Vacant Land
Other: ________________
_____________
Occupancy Status
Unit No.:
_____________
Occupied
Vacant
Former
Owner
Name
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: ____________________
____________________________________________________________________________________
____________________________________________________________________________________
4
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.
___________________________________
name
Social Security No.
________________
date
________________
date
___________________
home phone no.
___________________
home phone no.
5
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:
[email protected]
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
Occupant:
Homeowner
Tenant
Vacant
Indicate any personal property that remains (e.g. refrigerator, range, lighting fixtures, ceiling fans, etc.)
Single Family
Other
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
Total Interior:
R&I Estimates
$
$
$
$
$
$
$
$
Total R&I
Exterior Items
Total Exterior:
R&I Estimates
$
$
$
$
$
$
$
$
$
(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:
6
ITEM
Address, City
SUBJECT
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
Above Grade Room Count
LISTING #1
Sq. Ft.
Sq.Ft.
Tot.
Baths
Basement Area
Basement Finished
Deck/Patio
Pool/Spa
Type Air Conditioning
Type Heating System
Location
Lot Characteristics
View
Floor Plan Utility
Ext. Condition Appeal
Int. Condition Appeal
Overall Rating of Listings as
Brms.
Tot.
Baths
Good Avg. Fair
Good Avg. Fair
Good Avg. Fair
Good Avg. Fair
Good Avg. Fair
Good Avg. Fair
compared to subject
LISTING #2
Brms.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Plus Equal
Sq. Ft.
Tot.
Baths
Fair
Fair
Fair
Fair
Fair
Fair
Minus
LISTING #3
Brms.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Plus Equal
Minus
Sq.Ft.
Tot.
Baths
Fair
Fair
Fair
Fair
Fair
Fair
Brms.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Plus Equal
Fair
Fair
Fair
Fair
Fair
Fair
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:
Listing # 2:
Listing # 3:
Inspected?
Inspected?
Inspected?
ITEM
Address, City
Yes
Yes
Yes
No Comments:
No Comments:
No Comments:
SUBJECT
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
Above Grade Room Count
Basement Area
Basement Finished
Deck/Patio
Pool/Spa
Type Air Conditioning
Type Heating System
Location
Lot Characteristics
View
Floor Plan Utility
Ext. Condition Appeal
Int. Condition Appeal
Overall Rating of Sales as
SALES #1
Sq. Ft.
Sq.Ft.
Tot.
Baths
Brms.
Good Avg. Fair
Good Avg. Fair
Good Avg. Fair
Good Avg. Fair
Good Avg. Fair
Good Avg. Fair
compared to subject
SALES #2
Tot.
Baths
Brms.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Plus Equal
Sq. Ft.
Tot.
Baths
Fair
Fair
Fair
Fair
Fair
Fair
Minus
SALES #3
Brms.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Plus Equal
Sq.Ft.
Tot.
Baths
Fair
Fair
Fair
Fair
Fair
Fair
Minus
Brms.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Good Avg.
Plus Equal
Fair
Fair
Fair
Fair
Fair
Fair
Minus
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:
Sales # 2:
Sales # 3:
Inspected?
Inspected?
Inspected?
Yes
Yes
Yes
No Comments:
No Comments:
No Comments:
7
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:
“AS IS”
VALUE ANALYSIS
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
$
WITH REPAIRS & IMPROVEMENTS”
(“AS IS” + CONTRIBUTORY VALUE AS INDICATED ON PG. 1)
$
$
$
$
$
$
$
$
$
$
(As Is)
$
(With R&I)
Additional Comments:
File No.:
Real Estate Firm Tax ID No.:
Contact Name:
Contact Signature: ___________________________________
Real Estate Firm:
Date of Inspection:
Agent Preparer Name:
Agent Preparer Signature: _______________________________
8
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
9
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
List Price $
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
Investor
Buyer
Offer
Buyer
Counter
Counter
Buyer
Counter
Counter
Counter
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10
SN SERVICING CORPORATION
Check Request/Invoice Coversheet
Entity:
Asset Name:
Asset No.:
Address:
Broker/Agent Name:
Remit to:
Phone:
___________________________________________ 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: _______________________________________________________________
11
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.
12
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)
________________________________________________
(Purchaser)
By: _____________________________________________
Name:
Date:
Date:
______________________
______________________
13
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:
____________________________________
14
W-9
Form
(Rev. November 1999)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give form to the
requester. Do NOT
send to the IRS.
Name (If a joint account or you changed your name, see Specific Instructions on page 2.)
e
p
y
t
r
o
t
n
ir
p
e
s
a
e
l
P
Business name, if different from above. (See Specific Instructions on page 2.)
Check appropriate box:
Individual/Sole proprietor
Partnership
Corporation
Other
Requester’s name and address (optional)
Address (number, street, and apt. or suite no.)
City, state, and ZIP code
Part I
Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. For
individuals, this is your social security number
(SSN). 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 How to get a TIN on page 2.
Note: If the account is in more than one name,
see the chart on page 2 for guidelines on whose
number to enter.
Part III
List account number(s) here (optional)
Social security number
–
–
Part II
OR
Employer identification number
For Payees Exempt From
Withholding(See the
Backup
on page 2.) instructions
–
Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal
Revenue Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has
notified me that I am no longer subject to backup withholding.
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup
withholding because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply.
For mortgage interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an 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
Here
Signature
Purpose of form. A person who is
required to file an information return with
the IRS must get 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:
1. Certify the TIN you are giving is
correct (or you are waiting for a number to
be issued),
2. Certify you are not subject to backup
withholding, or
3. Claim exemption from backup
withholding if you are an exempt payee.
If you are a foreign person, IRS prefers
you use a Form W-8 (certificate of foreign
status). After December 31, 2000, foreign
persons must use an appropriate Form
W-8.
Note: If a requester gives you a form other
than Form W-9 to request your TIN, you
must use the requester’s form if it is
substantially similar to this Form W-9.
Date
What is backup withholding? Persons
making certain payments to 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
withholding. Payments you receive will be
subject to backup withholding if:
1. You do not furnish your TIN to the
requester, or
2. You do not certify your TIN when
required (see the Part III instructions on
page 2 for details), or
3. The IRS tells the requester that you
furnished an incorrect TIN, or
4. The IRS tells you that you are subject
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
5. You do not certify to the requester
that you are not subject to backup
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
Failure to furnish TIN. If you fail to furnish
your correct TIN to a 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
respect to withholding. If you make a
false statement with no reasonable basis
that results in no backup withholding, you
are subject to a $500 penalty.
Criminal penalty for falsifying
information. Willfully falsifying
certifications or affirmations may subject
you to criminal penalties including fines
and/or imprisonment.
Misuse of TINs. If the requester discloses
or uses TINs in violation of Federal law, the
requester may be subject to civil and
criminal penalties.
Form
W-9
(Rev. 11-99)
Form W-9 (Rev. 11-99)
Specific Instructions
Name. If you are an individual, you must
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.
Sole proprietor. You must enter your
individual name as shown on your social
security card. You may enter your
business, trade, or “doing business as”
name on the business name line.
Other entities. Enter your business
name as shown 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 ayerIdentification 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
do not have an ITIN, see How to get a
TIN below.
If you are a sole proprietor and you have
an EIN, you may enter either your SSN or
EIN. However, using your EIN may result in
unnecessary notices to the requester.
Note: See the chart on this page for further
clarification of name and TIN combinations.
How to get a TIN. If you do not have a
TIN, apply for one immediately. To apply
for an SSN, get Form SS-5, Application for
a Social Security Card, from your local
Social Security Administration office. Get
Form W-7, Application for IRS Individual
Taxpayer Identification Number, to apply
for an ITIN or Form SS-4, Application for
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
www.irs.gov.
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.
Note: Writing “Applied For” means that
you have already applied for a TIN OR that
you intend to apply for one soon.
Page
Part II—For Payees Exempt From
Backup Withholding
Individuals (including sole proprietors) are
not exempt from backup withholding.
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).
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.
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
during 1983. You must give your correct
TIN, but you do not have to sign the
certification.
2. Interest, dividend, broker, and
barter exchange accounts opened after
1983 and broker accounts considered
inactive during 1983. You must sign the
certification or backup withholding will
apply. If you are subject to backup
withholding and you are merely providing
your correct TIN to the requester, you must
cross out item 2 in the certification before
signing the form.
3. Real estate transactions. You must
sign the certification. You may cross out
item 2 of the certification.
4. Other payments. You must give your
correct TIN, but you 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
pension distributions. You must give your
correct TIN, but you do not have to sign
the certification.
Privacy Act Notice
Section 6109 of the Internal Revenue Code
requires you to give your correct TIN to
2
What Name and Number To
Give the Requester
For this type of account: Give name and SSN of:
1. Individual
2. Two or more
individuals (joint
account)
3. Custodian account of
a minor (Uniform Gift
to Minors Act)
4. 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
5. Sole proprietorship
For this type of account:
6. Sole proprietorship
7. A valid trust, estate, or
pension
8. Corporate
9. Association, club,
religious, charitable,
educational, or other
tax-exempt
organization
10. Partnership
11. A broker or registered
nominee
12. Account with the
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
The individual
The actual owner of the
account or, if combined
funds, the first individual
on the account 1
The minor 2
The grantor-trustee
The actual owner
The owner
1
1
3
Give name and EIN of:
The owner 3
Legal entity 4
trust
The corporation
The organization
The partnership
The broker or nominee
The public entity
1
List first and circle the name of the person whose
number you furnish. If only one person on a joint
account has an SSN, that person’s number must be
furnished.
2
Circle the minor’s name and furnish the minor’s SSN.
3
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).
4
List first and circle the name of the legal trust, estate,
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.)
Note: If no name is circled when more than one
name is listed, the number will be considered to
be that of the first name listed.