2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 Borrower Instructions for HAFA Short Sale when Borrower has a Purchase Offer (aka Alternate Request for Approval of Short Sale (Alt RASS)) An Alt RASS “short sale” refers to the federal government’s Home Affordable Foreclosure Alternatives (HAFA) Program for borrowers who have a purchase offer to sell their property and would like to be considered for the HAFA Short Sale program. If you do not have a purchase offer on your property, please return to the HAFA Short Sale web page for information and instructions. If you have a purchase offer on your property and would like Aurora Bank FSB (Aurora Bank) to evaluate your eligibility to participate in the HAFA Short Sale option, please complete the following: 1. 2. 3. 4. Print this letter and all attached documents. Attachments include: a. Alternative Request for Short Sale Approval b. Alternative Short Sale Terms and Conditions Agreement c. IRS 4506-T (Request for Transcript of Tax Return) d. For investor Fannie Mae or Freddie Mac Uniform Borrower Assistance Form 710 i. Government Monitoring form 710A e. For investor other than Fannie Mae or Freddie Mac MHA Request for Modification & Affidavit (RMA) i. Dodd-Frank Certification f. HAMP Income Certification g. Third Party Authorization form h. Important Notice disclosure (Informational document no need to return) i. Home Owner’s Checklist (Informational document no need to return) j. Foreclosure Scams (Informational document no need to return) Review and complete all blanks on the above-referenced documents. Sign and date all documents where signature lines are provided. Be sure that you understand all of the terms and conditions before you sign any documents. If you have questions, please contact us toll free at 1-800-550-0509 between the hours of 8 a.m. and 11 p.m. ET. Gather and return all required documentation as outlined on page 2 of the Alternative Request for Short Sale Approval to Aurora Bank using one of the methods below: • • Via Fax at 1-866-517-7975, ATTN: Loss Mitigation; or Via mail sent to one of the following addresses: Overnight Delivery Services: Aurora Bank Attention: Loss Mitigation 2617 College Park Scottsbluff, NE 69361 U. S. Postal Service: Aurora Bank Attention: Loss Mitigation PO Box 1706 Scottsbluff, NE 69363-1706 Before proceeding with a request for short sale approval, if you have not previously contacted us regarding eligibility for a loan modification and are interested in retaining your home you should consider this alternative. Under the Home Affordable Modification Program (HAMP), you may qualify for a modification with affordable and sustainable monthly payments that would allow you to keep your home. Notice - It is important that you understand that contacting Aurora Bank will not suspend your obligation to make your mortgage loan payments and that all collection activities will continue, which may include referring your loan account to or continuing with any pending foreclosure activity, until such time as Aurora Bank has approved your request in writing. We look forward to working with you. If you have any questions, please call one of our Foreclosure Prevention Specialists toll free at 1-800-550-0509. Additional assistance is available by calling the HOPE Hotline Number at 1-888-995-HOPE (4673) and requesting MHA Help. The HOPE Hotline is available free of charge and will connect you with a HUD-certified housing counselor. Equal Housing Lender 01/27/2012 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 Warning Concerning Foreclosure Rescue Scams: You should be careful of people who approach you with offers to "save" your home. You should be extremely careful about any such promises and any suggestions that you pay them a fee or sign over your property to them. State law may require anyone offering such services for profit to enter into a contract which fully describes the services they will perform and fees they will charge you, and may prohibit them from taking any money from you until they have completed all such promised services. Aurora Bank is a debt collector. Aurora Bank is attempting to collect a debt and any information obtained will be used for that purpose. However, if you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. Equal Housing Lender 01/27/2012 Form 4506-T Request for Transcript of Tax Return OMB No. 1545-1872 (Rev. January 2011) Department of the Treasury Internal Revenue Service a Request may be rejected if the form is incomplete or illegible. Tip. Use Form 4506-T to order a transcript or other return information free of charge. See the product list below. You can quickly request transcripts by using our automated self-help service tools. Please visit us at IRS.gov and click on "Order a Transcript" or call 1-800-908-9946. If you need a copy of your return, use Form 4506, Request for Copy of Tax Return. There is a fee to get a copy of your return. 1a Name shown on tax return. If a joint return, enter the name shown first. 1b First social security number on tax return, individual taxpayer identification number, or employer identification number (see instructions) 2a If a joint return, enter spouse’s name shown on tax return. 2b Second social security number or individual taxpayer identification number if joint tax return 3 Current name, address (including apt., room, or suite no.), city, state, and ZIP code (See instructions) 4 Previous address shown on the last return filed if different from line 3 (See instructions) 5 If the transcript or tax information is to be mailed to a third party (such as a mortgage company), enter the third party’s name, address, and telephone number. The IRS has no control over what the third party does with the tax information. Regular Mail: Aurora Bank PO Box 1706 Scottsbluff, NE 69363-1706 Overnight Mail: Aurora Bank, Attn: Loss Mitigation 2617 College Park Scottsbluff, NE 69361 Phone Number: 1-800-550-0508 Caution. If the transcript is being mailed to a third party, ensure that you have filled in line 6 and line 9 before signing. Sign and date the form once you have filled in these lines. Completing these steps helps to protect your privacy. 6 a Transcript requested. Enter the tax form number here (1040, 1065, 1120, etc.) and check the appropriate box below. Enter only one tax form number per request. a Return Transcript, which includes most of the line items of a tax return as filed with the IRS. A tax return transcript does not reflect changes made to the account after the return is processed. Transcripts are only available for the following returns: Form 1040 series, Form 1065, Form 1120, Form 1120A, Form 1120H, Form 1120L, and Form 1120S. Return transcripts are available for the current year and returns processed during the prior 3 processing years. Most requests will be processed within 10 business days . . . . . . b Account Transcript, which contains information on the financial status of the account, such as payments made on the account, penalty assessments, and adjustments made by you or the IRS after the return was filed. Return information is limited to items such as tax liability and estimated tax payments. Account transcripts are available for most returns. Most requests will be processed within 30 calendar days. . c Record of Account, which is a combination of line item information and later adjustments to the account. Available for current year and 3 prior tax years. Most requests will be processed within 30 calendar days . . . . . . . . . . . . . . . . . . . 7 8 Verification of Nonfiling, which is proof from the IRS that you did not file a return for the year. Current year requests are only available after June 15th. There are no availability restrictions on prior year requests. Most requests will be processed within 10 business days . . Form W-2, Form 1099 series, Form 1098 series, or Form 5498 series transcript. The IRS can provide a transcript that includes data from these information returns. State or local information is not included with the Form W-2 information. The IRS may be able to provide this transcript information for up to 10 years. Information for the current year is generally not available until the year after it is filed with the IRS. For example, W-2 information for 2007, filed in 2008, will not be available from the IRS until 2009. If you need W-2 information for retirement purposes, you should contact the Social Security Administration at 1-800-772-1213. Most requests will be processed within 45 days . . . Caution. If you need a copy of Form W-2 or Form 1099, you should first contact the payer. To get a copy of the Form W-2 or Form 1099 filed with your return, you must use Form 4506 and request a copy of your return, which includes all attachments. 9 Year or period requested. Enter the ending date of the year or period, using the mm/dd/yyyy format. If you are requesting more than four years or periods, you must attach another Form 4506-T. For requests relating to quarterly tax returns, such as Form 941, you must enter each quarter or tax period separately. 12/31/2010 12/31/2011 Signature of taxpayer(s). I declare that I am either the taxpayer whose name is shown on line 1a or 2a, or a person authorized to obtain the tax information requested. If the request applies to a joint return, either husband or wife must sign. If signed by a corporate officer, partner, guardian, tax matters partner, executor, receiver, administrator, trustee, or party other than the taxpayer, I certify that I have the authority to execute Form 4506-T on behalf of the taxpayer. Note. For transcripts being sent to a third party, this form must be received within 120 days of signature date. Telephone number of taxpayer on line 1a or 2a F F F Sign Here Signature (see instructions) Date Title (if line 1a above is a corporation, partnership, estate, or trust) Spouse’s signature For Privacy Act and Paperwork Reduction Act Notice, see page 2. Date Cat. No. 37667N Form 4506-T (Rev. 1-2011) Form 4506-T (Rev. 1-2011) Page General Instructions Chart for all other transcripts Purpose of form. Use Form 4506-T to request tax return information. You can also designate a third party to receive the information. See line 5. Tip. Use Form 4506, Request for Copy of Tax Return, to request copies of tax returns. Where to file. Mail or fax Form 4506-T to the address below for the state you lived in, or the state your business was in, when that return was filed. There are two address charts: one for individual transcripts (Form 1040 series and Form W-2) and one for all other transcripts. If you are requesting more than one transcript or other product and the chart below shows two different RAIVS teams, send your request to the team based on the address of your most recent return. Automated transcript request. You can quickly request transcripts by using our automated self help-service tools. Please visit us at IRS.gov and click on “Order a Transcript” or call 1-800-908-9946. If you lived in or your business was in: Chart for individual transcripts (Form 1040 series and Form W-2) If you filed an individual return and lived in: Mail or fax to the “Internal Revenue Service” at: Florida, Georgia (After June 30, 2011, send your transcript requests to Kansas City, MO) RAIVS Team P.O. Box 47-421 Stop 91 Doraville, GA 30362 770-455-2335 Alabama, Kentucky, Louisiana, Mississippi, Tennessee, Texas, a foreign country, American Samoa, Puerto Rico, Guam, the Commonwealth of the Northern Mariana Islands, the U.S. Virgin Islands, or A.P.O. or F.P.O. address RAIVS Team Stop 6716 AUSC Austin, TX 73301 Alaska, Arizona, Arkansas, California, Colorado, Hawaii, Idaho, Illinois, Indiana, Iowa, Kansas, Michigan, Minnesota, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Utah, Washington, Wisconsin, Wyoming RAIVS Team Stop 37106 Fresno, CA 93888 Connecticut, Delaware, District of Columbia, Maine, Maryland, Massachusetts, Missouri, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Vermont, Virginia, West Virginia RAIVS Team Stop 6705 P-6 Kansas City, MO 64999 512-460-2272 Alabama, Alaska, Arizona, Arkansas, California, Colorado, Florida, Hawaii, Idaho, Iowa, Kansas, Louisiana, Minnesota, Mississippi, Missouri, Montana, Nebraska, Nevada, New Mexico, North Dakota, Oklahoma, Oregon, South Dakota, Texas, Utah, Washington, Wyoming, a foreign country, or A.P.O. or F.P.O. address Connecticut, Delaware, District of Columbia, Georgia, Illinois, Indiana, Kentucky, Maine, Maryland, Massachusetts, Michigan, New Hampshire, New Jersey, New York, North Carolina, Ohio, Pennsylvania, Rhode Island, South Carolina, Tennessee, Vermont, Virginia, West Virginia, Wisconsin Mail or fax to the “Internal Revenue Service” at: RAIVS Team P.O. Box 9941 Mail Stop 6734 Ogden, UT 84409 801-620-6922 RAIVS Team P.O. Box 145500 Stop 2800 F Cincinnati, OH 45250 859-669-3592 Line 1b. Enter your employer identification number (EIN) if your request relates to a business return. Otherwise, enter the first social security number (SSN) or your individual taxpayer identification number (ITIN) shown on the return. For example, if you are requesting Form 1040 that includes Schedule C (Form 1040), enter your SSN. Line 3. Enter your current address. If you use a P. O. box, include it on this line. 559-456-5876 816-292-6102 Line 4. Enter the address shown on the last return filed if different from the address entered on line 3. Note. If the address on Lines 3 and 4 are different and you have not changed your address with the IRS, file Form 8822, Change of Address. Line 6. Enter only one tax form number per request. Signature and date. Form 4506-T must be signed and dated by the taxpayer listed on line 1a or 2a. If you completed line 5 requesting the information be sent to a third party, the IRS must receive Form 4506-T within 120 days of the date signed by the taxpayer or it will be rejected. Individuals. Transcripts of jointly filed tax returns may be furnished to either spouse. Only one signature is required. Sign Form 4506-T exactly as your name appeared on the original return. If you changed your name, also sign your current name. 2 Corporations. Generally, Form 4506-T can be signed by: (1) an officer having legal authority to bind the corporation, (2) any person designated by the board of directors or other governing body, or (3) any officer or employee on written request by any principal officer and attested to by the secretary or other officer. Partnerships. Generally, Form 4506-T can be signed by any person who was a member of the partnership during any part of the tax period requested on line 9. All others. See Internal Revenue Code section 6103(e) if the taxpayer has died, is insolvent, is a dissolved corporation, or if a trustee, guardian, executor, receiver, or administrator is acting for the taxpayer. Documentation. For entities other than individuals, you must attach the authorization document. For example, this could be the letter from the principal officer authorizing an employee of the corporation or the Letters Testamentary authorizing an individual to act for an estate. Privacy Act and Paperwork Reduction Act Notice. We ask for the information on this form to establish your right to gain access to the requested tax information under the Internal Revenue Code. We need this information to properly identify the tax information and respond to your request. You are not required to request any transcript; if you do request a transcript, sections 6103 and 6109 and their regulations require you to provide this information, including your SSN or EIN. If you do not provide this information, we may not be able to process your request. Providing false or fraudulent information may subject you to penalties. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation, and cities, states, the District of Columbia, and U.S. commonwealths and possessions for use in administering their tax laws. We may also disclose this information to other countries under a tax treaty, to federal and state agencies to enforce federal nontax criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You are not required to provide the information requested on a form that is subject to the Paperwork Reduction Act unless the form displays a valid OMB control number. Books or records relating to a form or its instructions must be retained as long as their contents may become material in the administration of any Internal Revenue law. Generally, tax returns and return information are confidential, as required by section 6103. The time needed to complete and file Form 4506-T will vary depending on individual circumstances. The estimated average time is: Learning about the law or the form, 10 min.; Preparing the form, 12 min.; and Copying, assembling, and sending the form to the IRS, 20 min. If you have comments concerning the accuracy of these time estimates or suggestions for making Form 4506-T simpler, we would be happy to hear from you. You can write to the Internal Revenue Service, Tax Products Coordinating Committee, SE:W:CAR:MP:T:T:SP, 1111 Constitution Ave. NW, IR-6526, Washington, DC 20224. Do not send the form to this address. Instead, see Where to file on this page. Making Home Affordable Program Request For Modification and Affidavit (RMA) REQUEST FOR MODIFICATION AND AFFIDAVIT (RMA) page 1 Loan I.D. Number____________________________________ COMPLETE ALL THREE PAGES OF THIS FORM Servicer ____________________________________ BORROWER CO-BORROWER Borrower’s name Social Security number Co-borrower’s name Date of birth Social Security number Date of birth Home phone number with area code Home phone number with area code Cell or work number with area code Cell or work number with area code I want to: Keep the Property Sell the Property The property is my: Primary Residence Second Home Investment The property is: Owner Occupied Renter Occupied Vacant Mailing address Property address (if same as mailing address, just write same) E-mail address Is the property listed for sale? Yes No Have you received an offer on the property? Yes No Date of offer _________ Amount of offer $_____________________ Agent’s Name: ___________________________________________ Agent’s Phone Number: ____________________________________ For Sale by Owner? Yes No Have you contacted a credit-counseling agency for help Yes No If yes, please complete the following: Counselor’s Name: _________________________________________ Agency Name: ____________________________________________ Counselor’s Phone Number: __________________________________ Counselor’s E-mail: ________________________________________ Who pays the real estate tax bill on your property? I do Lender does Paid by condo or HOA Are the taxes current? Yes No Condominium or HOA Fees Yes No $ __________________ Paid to: _________________________________________________ Who pays the hazard insurance premium for your property? I do Lender does Paid by Condo or HOA Is the policy current? Yes No Name of Insurance Co.: ______________________________________ Insurance Co. Tel #: _________________________________________ Have you filed for bankruptcy? Yes Has your bankruptcy been discharged? No Yes If yes: No Chapter 7 Chapter 13 Filing Date:_________________________ Bankruptcy case number _________________________________ Additional Liens/Mortgages or Judgments on this property: Lien Holder’s Name/Servicer Balance Contact Number Loan Number HARDSHIP AFFIDAVIT I (We) am/are requesting review under the Making Home Affordable program. I am having difficulty making my monthly payment because of financial difficulties created by (check all that apply): My household income has been reduced. For example: unemployment, underemployment, reduced pay or hours, decline in business earnings, death, disability or divorce of a borrower or co-borrower. My monthly debt payments are excessive and I am overextended with my creditors. Debt includes credit cards, home equity or other debt. My expenses have increased. For example: monthly mortgage payment reset, high medical or health care costs, uninsured losses, increased utilities or property taxes. My cash reserves, including all liquid assets, are insufficient to maintain my current mortgage payment and cover basic living expenses at the same time. Other: Explanation (continue on back of page 3 if necessary): __________________________________________________________________________ ______________________________________________________________________________________________________________________ page 1 of 3 REQUEST FOR MODIFICATION AND AFFIDAVIT (RMA) page 2 COMPLETE ALL THREE PAGES OF THIS FORM INCOME/EXPENSES FOR HOUSEHOLD1 Monthly Household Income Number of People in Household: Monthly Household Expenses/Debt Household Assets Monthly Gross Wages $ First Mortgage Payment $ Checking Account(s) $ Overtime $ Second Mortgage Payment $ Checking Account(s) $ Child Support / Alimony / Separation2 $ Insurance $ Savings/ Money Market $ Social Security/SSDI $ Property Taxes $ CDs $ Other monthly income from pensions, annuities or retirement plans $ Credit Cards / Installment Loan(s) (total minimum payment per month) $ Stocks / Bonds $ Tips, commissions, bonus and self-employed income $ Alimony, child support payments $ Other Cash on Hand $ $ Other Real Estate (estimated value) $ $ Rents Received Net Rental Expenses Unemployment Income $ HOA/Condo Fees/Property Maintenance $ Other _____________ $ Food Stamps/Welfare $ Car Payments $ Other _____________ $ Other (investment income, royalties, interest, dividends etc.) $ Other ________________ _____________________ $ Do not include the value of life insurance or retirement plans when calculating assets (401k, pension funds, annuities, IRAs, Keogh plans, etc.) Total (Gross Income) $ Total Debt/Expenses $ Total Assets $ INCOME MUST BE DOCUMENTED 1 Include combined income and expenses from the borrower and co-borrower (if any). If you include income and expenses from a household member who is not a borrower, please specify using the back of this form if necessary. 2You are not required to disclose Child Support, Alimony or Separation Maintenance income, unless you choose to have it considered by your servicer. INFORMATION FOR GOVERNMENT MONITORING PURPOSES The following information is requested by the federal government in order to monitor compliance with federal statutes that prohibit discrimination in housing. You are not required to furnish this information, but are encouraged to do so. The law provides that a lender or servicer may not discriminate either on the basis of this information, or on whether you choose to furnish it. If you furnish the information, please provide both ethnicity and race. For race, you may check more than one designation. If you do not furnish ethnicity, race, or sex, the lender or servicer is required to note the information on the basis of visual observation or surname if you have made this request for a loan modification in person. If you do not wish to furnish the information, please check the box below. BORROWER I do not wish to furnish this information CO-BORROWER I do not wish to furnish this information Ethnicity: Hispanic or Latino Not Hispanic or Latino Ethnicity: Hispanic or Latino Not Hispanic or Latino Race: American Indian or Alaska Native Asian Black or African American Native Hawaiian or Other Pacific Islander White Race: American Indian or Alaska Native Asian Black or African American Native Hawaiian or Other Pacific Islander White Sex: Female Male Sex: Female Male To be completed by interviewer This request was taken by: Face-to-face interview Mail Telephone Internet Name/Address of Interviewer’s Employer Interviewer’s Name (print or type) & ID Number Interviewer’s Signature Date Interviewer’s Phone Number (include area code) page 2 of 3 REQUEST FOR MODIFICATION AND AFFIDAVIT (RMA) page 3 COMPLETE ALL THREE PAGES OF THIS FORM ACKNOWLEDGEMENT AND AGREEMENT 1. That all of the information in this document is truthful and the event(s) identified on page 1 is/are the reason that I need to request a modification of the terms of my mortgage loan, short sale or deed-in-lieu of foreclosure. 2. I understand that the Servicer, the U.S. Department of the Treasury, or their agents may investigate the accuracy of my statements and may require me to provide supporting documentation. I also understand that knowingly submitting false information may violate Federal law. 3. I understand the Servicer will pull a current credit report on all borrowers obligated on the Note. 4. I understand that if I have intentionally defaulted on my existing mortgage, engaged in fraud or misrepresented any fact(s) in connection with this document, the Servicer may cancel any Agreement under Making Home Affordable and may pursue foreclosure on my home. 5. That: my property is owner-occupied; I intend to reside in this property for the next twelve months; I have not received a condemnation notice; and there has been no change in the ownership of the Property since I signed the documents for the mortgage that I want to modify. 6. I am willing to provide all requested documents and to respond to all Servicer questions in a timely manner. 7. I understand that the Servicer will use the information in this document to evaluate my eligibility for a loan modification or short sale or deed-in-lieu of foreclosure, but the Servicer is not obligated to offer me assistance based solely on the statements in this document. 8. I am willing to commit to credit counseling if it is determined that my financial hardship is related to excessive debt. 9. I understand that the Servicer will collect and record personal information, including, but not limited to, my name, address, telephone number, social security number, credit score, income, payment history, government monitoring information, and information about account balances and activity. I understand and consent to the disclosure of my personal information and the terms of any Making Home Affordable Agreement by Servicer to (a) the U.S. Department of the Treasury, (b) Fannie Mae and Freddie Mac in connection with their responsibilities under the Homeowner Affordability and Stability Plan; (c) any investor, insurer, guarantor or servicer that owns, insures, guarantees or services my first lien or subordinate lien (if applicable) mortgage loan(s); (d) companies that perform support services in conjunction with Making Home Affordable; and (e) any HUD-certified housing counselor. Borrower Signature Date Co-Borrower Signature Date HOMEOWNER’S HOTLINE If you have questions about the program that your servicer cannot answer or need further counseling, you can call the Homeowner’s HOPE™ Hotline at 1-888-995-HOPE (4673). The Hotline can help with questions about NOTICE TO BORROWERS Be advised that by signing this document you understand that any documents and information you submit to your servicer in connection with the Making Home Affordable Program are under penalty of perjury. Any misstatement of material fact made in the completion of these documents including but not limited to misstatement regarding your occupancy in your home, hardship circumstances, and/or income, expenses, or assets will subject you to potential criminal investigation and prosecution for the following crimes: perjury, false statements, mail fraud, and wire fraud. The information contained in these documents is subject to examination and verification. Any potential misrepresentation will be referred to the appropriate law enforcement authority for investigation and prosecution. By signing this document you certify, represent and agree that: “Under penalty of perjury, all documents and information I have provided to Lender in connection with the Making Home Affordable Program, including the documents and information regarding my eligibility for the program, are true and correct.” If you are aware of fraud, waste, abuse, mismanagement or misrepresentations affiliated with the Troubled Asset Relief Program, please contact the SIGTARP Hotline by calling 1-877-SIG-2009 (toll-free), 202-622-4559 (fax), or www.sigtarp.gov. Mail can be sent to Hotline Office of the Special Inspector General for Troubled Asset Relief Program, 1801 L St. NW, Washington, DC 20220. page 3 of 3 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 HAMP INCOME USE CERTIFICATION To be considered under the Home Affordable Modification Program (HAMP), you must meet certain eligibility requirements outlined by the U.S. Treasury Department, concerning the use of your income. If you have any questions regarding this Certification, please contact Aurora Bank toll free at 1-800-550-0509. BORROWER I do I do NOT certify that: • My income is not currently being used as the basis for a HAMP Trial Payment Plan. My income has not been previously used as the basis for a completed HAMP permanent modification. ___________________________________________ _____________________ Borrower Signature Date BORROWER I do I do NOT certify that: • My income is not currently being used as the basis for a HAMP Trial Payment Plan. My income has not been previously used as the basis for a completed HAMP permanent modification. ___________________________________________ _____________________ Borrower Signature Date BORROWER I do I do NOT certify that: • My income is not currently being used as the basis for a HAMP Trial Payment Plan. My income has not been previously used as the basis for a completed HAMP permanent modification. ___________________________________________ _____________________ Borrower Signature Date BORROWER I do I do NOT certify that: • My income is not currently being used as the basis for a HAMP Trial Payment Plan. My income has not been previously used as the basis for a completed HAMP permanent modification. ___________________________________________ _____________________ Borrower Signature Date In making this certification, I/we certify under penalty of perjury that all of the information in this document is truthful and that I/we understand that the Servicer, the U.S. Department of the Treasury, or their agents may investigate the accuracy of my statements by performing routine background checks, including automated searches of federal, state and county databases, to confirm the statements certified above. I/we also understand that knowingly submitting false information may violate Federal Law. Rev. 07212011 Equal Housing Lender DODD FRANK CERTIFICATION The following information is requested by the federal government in accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203). You are required to furnish this information. The law provides that no person shall be eligible to receive assistance from the Making Home Affordable Program, authorized under the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 501 et seq.), or any other mortgage assistance program authorized or funded by that Act, if such person, in connection with a mortgage or real estate transaction, has been convicted, within the last ten (10) years, of any of one of the following: (A) felony larceny, theft, fraud or forgery, (B) money laundering or (C) tax evasion. BORROWER BORROWER I HAVE / I have NOT been convicted within the last ten (10) years of any of the following in connection with a mortgage or real estate transaction: (a) felony larceny, theft, fraud or forgery, (b) money laundering or (c) tax evasion I HAVE / I have NOT been convicted within the last ten (10) years or any of the following in connection with a mortgage real estate transaction: (a) felony larceny, theft, fraud or forgery, (b) money laundering or (c) tax evasion This Certificate is effective on the earlier of the date listed below or the date received by your servicer. _______________________________ ___________ Borrower Signature Date _______________________________ ___________ Borrower Signature Date BORROWER BORROWER I HAVE / I have NOT been convicted within the last ten (10) years of any of the following in connection with a mortgage or real estate transaction: (a) felony larceny, theft, fraud or forgery, (b) money laundering or (c) tax evasion I HAVE / I have NOT been convicted within the last ten (10) years of any of the following in connection with a mortgage or real estate transaction: (a) felony larceny, theft, fraud or forgery, (b) money laundering or (c) tax evasion This Certificate is effective on the earlier of the date listed below or the date received by your servicer. _______________________________ ___________ Borrower Signature Date _______________________________ ___________ Borrower Signature Date In making this certification, I/we certify under penalty of perjury that all of the information in this document is truthful and that I/we understand that the Servicer, the U.S. Department of the Treasury, or their agents may investigate the accuracy of my statements by performing routine background checks, including automated searches of federal, state and county databases, to confirm that I/we have not been convicted of such crimes. I/we also understand that knowingly submitting false information may violate Federal law. R: 04272011 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 303-728-7648 3rd PARTY AUTHORIZATION FORM Borrower: Please complete the information below, sign and fax to (303) 728-7648. Please inform the Third Party to allow 48 hours from Aurora Bank’s receipt of the completed form for this authorization to be uploaded to our system before calling to discuss specific account information. Today’s Date: _____________________ Borrower(s) Name (Please Print): Property Address: Loan Number: __________________________________ ____________________________________________________________ ____________________________________________________________ ____________________________________________________________ I/We authorize Aurora Bank to provide the following information/documentation regarding the above-referenced loan to the Authorized Party listed below: _____ Access to discuss all information regarding my above-referenced loan. _____ The Authorized Party named below is authorized only to make changes to mailing address and phone numbers associated with my above-referenced loan. _____ The Authorized Party named below is authorized only to receive written communications and/or copies of loan documents for my above-referenced loan. _____ Other (please specify) _________________________________________________________________ This authorization is valid for one hundred eighty (180) days. However, if you would like to have a different expiration date, please complete and initial below. _____ This authorization is valid until ____/______/_______. _____ This authorization is valid until revoked by the undersigned or when the loan is paid in full. Name of Authorized Party(s) and Company Name (if applicable) – please print clearly: _____________________________________________________________________________________ Relationship of Authorized Party to Borrower: _______________________________________________ Contact Information for Authorized Party: Authorized Party Mailing Address: ______________________________________________________ Authorized Party Phone Number: ________________________________________________________ Aurora Bank will not be held responsible in any manner for following the authorization and/or instructions given herein. Unless specified above, this Authorization will automatically expire one hundred eighty (180) days from the above date. ___________________________________ Borrower Signature ________________________________________ Borrower Signature Aurora Bank is a debt collector. Aurora Bank is attempting to collect a debt and any information obtained will be used for that purpose. However, if you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. Rev. 07212011 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 HOMEOWNER CHECKLIST For Your Information Only – Do Not Return With Your Borrower Response Package GET STARTED – use this checklist to ensure you have completed all required forms and have the right information. Step 1 Review the information provided to help you understand your options, responsibilities, and next steps: Avoiding Foreclosure Frequently Asked Questions Beware of Foreclosure Rescue Scams Step 2 Complete and sign the enclosed Borrower Assistance Form. Must be signed by all borrowers on the mortgage (notarization is not required) and must include: All income, expenses, and assets for each borrower An explanation of financial hardship that makes it difficult to pay the mortgage Your acknowledgement and agreement that all information that you provide is true and accurate Step 3 Complete and sign a dated copy of the enclosed IRS Form 4506-T. For each borrower, please submit a signed, dated copy of IRS Form 4506-T (Request for Transcript of Tax Return) Borrowers who filed their tax returns jointly may send in one IRS Form 4506-T signed and dated by both joint filers. Step 4 Provide required Hardship Documentation. This documentation will be used to verify your hardship. Follow the instructions set forth on the Borrower Assistance Form. Step 5 Provide required Income Documentation. This documentation will be used to verify your hardship and all of your income (including any alimony or child support that you choose to disclose and rely upon to qualify). Follow the instructions set forth on the Borrower Assistance Form. You may also disclose any income from a household member who is not on the promissory note (non-borrower), such as a relative, spouse, domestic partner, or fiancé who occupies the property as a primary residence. If you elect to disclose and rely upon this income to qualify, the required income documentation is the same as the income documentation required for a borrower. See the Borrower Assistance Form for specific details on income documentation. Step 6 Gather and send completed documents – your Borrower Response Package. You must send in all required documentation listed in steps 2-4 above, and summarize below: • Borrower Assistance Form • Form 4506-T • Income Documentation as outlined on the Borrower Assistance Form • Hardship Documentation as outlined on the Borrower Assistance Form Documentation can be sent to: Overnight Delivery Services Aurora Bank Attention: Loss Mitigation 2617 College Park Scottsbluff, NE 69361 Equal Housing Lender U.S Postal Services Aurora Bank Attention: Loss Mitigation PO Box 1706 Scottsbluff, NE 69363-1706 10/14/2011 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 IMPORTANT REMINDERS: If you cannot provide the documentation listed above within a reasonable amount of time, have other types of income not specified on the Borrower Assistance Form, cannot locate some or all of the required documents, OR have any questions, please contact us at 1800-550-0509. Keep a copy of all documents and proof of mailing for your records. Don’t send original income or hardship documents. Copies are acceptable. Aurora Bank is a debt collector. Aurora Bank is attempting to collect a debt and any information obtained will be used for that purpose. However, if you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. Equal Housing Lender 10/14/2011 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 IMPORTANT NOTICE If a duly-noticed foreclosure sale has been scheduled, any approval of a foreclosure alternative option is contingent upon the ability of Aurora Bank FSB (Aurora Bank) to have the pending foreclosure sale postponed or cancelled. Aurora Bank is a debt collector. Aurora Bank is attempting to collect a debt and any information obtained will be used for that purpose. However, if you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. Equal Housing Lender 07/21/2011 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 BEWARE OF FORECLOSURE SCAMS – TIPS & WARNING SIGNS For Your Information Only – Do Not Return With Your Borrower Response Package Scam artists are stealing millions of dollars from distressed homeowners by promising immediate relief from foreclosure, or demanding cash for counseling services when HUD-approved counseling agencies provide the same services for FREE. If you receive an offer, information or advice that sounds too good to be true, it probably is. Don’t let them take advantage of you, your situation, your house or money. Remember, help is FREE. How to Spot a Scam – beware of a company or person who: Asks for a fee in advance to work with your lender to modify, refinance or reinstate your mortgage. Guarantees they can stop a foreclosure or get your loan modified. Advises you to stop paying your mortgage company and pay them instead. Pressures you to sign over the deed to your home or sign any paperwork that you haven’t had a chance to read, and you don’t fully understand. Claims to offer “government-approved” or “official government” loan modifications. Asks you to release personal information online or over the phone and you have not been working with this person and/or do not know them. How to Report a Scam – do one of the following: Go to www.preventloanscams.org and fill out the Loan Modification Scam Prevention Network’s (LMSPN) complain form online and get more information on how to fight back. Note: you can also fill out this form and send to the fax number/e-mail/address (your choice!) on the back of the form. Call 1-888-995-HOPE (4673) and tell the counselor about your situation and that you believe you got scammed or know of a scam. The Loan Modification Scam Prevention Network is a national coalition of governmental and private organizations led by Fannie Mae, Freddie Mac, NeighborWorks America™ and the lawyers’ Committee for Civil Rights Under Law. Aurora Bank is a debt collector. Aurora Bank is attempting to collect a debt and any information obtained will be used for that purpose. However, if you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. Equal Housing Lender 10/14/2011 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 HAFA OCCUPANCY ELIGIBILITY CERTIFICATION To be considered for a Home Affordable Foreclosure Alternative (HAFA) option, you must meet certain eligibility requirements, which are outlined below. If you have any questions regarding this Certification, please contact us toll free at 1-800-550-0509. BORROWER I do I do NOT certify that: • The subject property is currently or was recently my principal residence, • If my p roperty has b een vacant o r r ented t o a n on-borrower for not more t han t welve ( 12) months p rior to th e d ate o f th is request: a. I will attach documentation showing that the property was my principal residence prior to relocation, and b. I h ave n ot pu rchased a nother on e t o f our u nit pr operty dur ing t he t welve ( 12) m onth p eriod p rior t o t he da te of t his request. ___________________________________________ Borrower Signature _____________________ Date BORROWER I do I do NOT certify that: • The subject property is currently or was recently my principal residence, • If m y property has been vacant or r ented t o a non-borrower for not more t han t welve ( 12) months pr ior t o t he da te of t his request: c. I will attach documentation showing that the property was my principal residence prior to relocation, and d. I ha ve no t p urchased a nother o ne t o f our un it p roperty dur ing t he t welve ( 12) m onth p eriod p rior t o t he da te of t his request. ___________________________________________ Borrower Signature _____________________ Date BORROWER I do I do NOT certify that: • The subject property is currently or was recently my principal residence, • If my p roperty has b een vacant o r r ented t o a n on-borrower for not more t han t welve ( 12) months pr ior t o t he da te of t his request: e. I will attach documentation showing that the property was my principal residence prior to relocation, and f. I h ave n ot pu rchased a nother on e t o f our u nit pr operty dur ing t he t welve ( 12) m onth p eriod p rior t o t he da te of t his request. ___________________________________________ Borrower Signature Equal Housing Lender _____________________ Date 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 BORROWER I do I do NOT certify that: • The subject property is currently or was recently my principal residence, • If my p roperty has b een vacant o r r ented t o a n on-borrower for not more t han t welve ( 12) months pr ior t o t he da te of t his request: g. I will attach documentation showing that the property was my principal residence prior to relocation, and h. I h ave n ot pu rchased a nother on e t o f our u nit pr operty dur ing t he t welve ( 12) m onth p eriod p rior t o t he da te of t his request. ___________________________________________ Borrower Signature _____________________ Date In making this certification, I/we certify under penalty of perjury that all of the information in this document is truthful and that I/we understand that the Servicer, the U.S. Department of the Treasury, or their agents may investigate the accuracy of my statements by performing routine background checks, including automated searches of federal, state and county databases, to confirm the statements certified above. I/we also understand that knowingly submitting false information may violate Federal Law. Rev. 08262011 Equal Housing Lender 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 Help for America’s Homeowners Date: _________________ Aurora Bank FSB ATTN: Loss Mitigation 2617 College Park Scottsbluff, NE 69631 Re: Alternative Request for Approval of Short Sale Borrower(s) Name: ____________________________________________________________________________ Borrower Phone Number: _______________________________________________________________________ Borrower Email: ______________________________________________________________________________ Loan #: _____________________________________________________________________________________ Property Address: _______________________________________________________________ _____________ _____________________________________________________________________________ _____________ This letter is a request for Aurora Bank FSB (Aurora Bank) to review our request for Approval of a Short Sale pursuant to the federal government’s Home Affordable Foreclosure Alternatives (HAFA) Program. I have completed the required information on Page 2 of this letter and have included the documentation also listed on Page 2 of this letter. Under penalty of perjury I certify that: 1) the sale of the property is an “arm’s length” transaction between parties, who are unrelated and unaffiliated by family, marriage, or commercial enterprise; 2) there are no agreements or understandings between myself and the Buyer that I will remain in the property as a tenant or later obtain title or ownership of the property; 3) neither I nor the Buyer will receive any funds or commissions from the sale of the property; 4) there are no agreements or offers relating to the sale or subsequent sale of the property that have not been disclosed to Aurora Bank; 5) I have read and understand the attached HAFA Alternative Request for Short Sale Terms and Conditions Agreement; and I understand that contacting Aurora Bank will not suspend my obligation to make my mortgage loan payments and that all collection activities will continue, which may include referring my loan account to or continuing with any pending foreclosure activity, until such time as Aurora Bank has approved my request in writing. Signed: Borrower Signature Date Printed Name Borrower Signature Printed Name Equal Housing Lender Borrower Signature Date Printed Name Date Borrower Signature Printed Name Date 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 HAFA ALTERNATIVE SHORT SALE TERMS AND CONDITIONS Terms of Sale [All blanks to be completed by Borrower]: 1. Contract Sales Price $ 6. Closing Date: 2. Less Total Allowable Closing Costs $ 7. Approved Buyer(s): a. Commissions $ b. Settlement Escrow/Attorney Fees $ c. Seller’s Title and Escrow Fees $ d. Subordinate Lien Payoff $ e. Real Property Taxes $ f. Real Property Taxes $ g. Termite Inspection/Repair $ h. Borrower Relocation Assistance $ i. Other (attach explanation) $ 8. Settlement Agent: 9. Settlement Agent’s Address: 3,000 3. Net Proceeds to Servicer $ 4. Earnest Money Deposit $ 10. Settlement Agent’s Office Phone: 5. Down Payment $ 11. Settlement Agent’s Office Fax: As required by the HAFA Short Sale Program, the following documents are attached to this Signed Alternative Request for Approval of Short Sale: Copy of a signed listing agreement with a real estate agent/broker, if applicable. Executed copy of the sales contract and all addenda. Buyer’s documentation of funds or Buyer’s pre-approval or commitment letter on letterhead from a lender. Third Party Authorization form, signed and completed. Include information on other liens secured by your home (such as home equity loans, homeowner association liens, tax liens or judgments). A copy of a current utility bill to evidence that the subject property is your primary residence. If currently in bankruptcy, you must obtain court approval and/or trustee approval of this Agreement and final approval of the short sale transaction. The following financial information and documentation: o For all borrowers— A copy of the most recently filed, signed, federal tax return with all schedules, including Schedule ESupplemental Income and Loss and Schedule C-Profit and Loss from Business. Note: For borrowers with rental income, only 75% of the gross rental payment will be used as qualifying income under this program. o For each borrower who receives a salary or hourly wages—Copies of your two most recent pay stubs that show year-todate earnings. o For each borrower who is self-employed—A copy of your most recent quarterly or year-to-date profit/loss statement. o For each borrower who has income such as social security, disability or death benefits, pension, adoption assistance, public assistance, or unemployment: A copy of the benefits statement or letter from the provider that states the amount and frequency, and in the case of unemployment income the duration of the benefit; and Copies of the two most recent bank statements showing receipt of such payment. Note: Unemployment income must continue for at least 9 months to be considered qualifying income under this program. o For each borrower who is relying on alimony, child support or separation maintenance as qualifying income*: Equal Housing Lender 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 A copy of the divorce decree, separation agreement, or other written agreement filed with the court that states the amount and frequency; and Copies of the two most recent bank statements showing receipt of such payment. *You are not required to disclose child support, alimony or separation maintenance income, unless you choose to have it considered by Aurora Bank. o For each borrower who has non-wage income (part time employment, bonuses, tips or investment income): Provide a copy of documentation describing the nature of the income (e.g., an employment contract or printouts documenting tip income). The Borrower represents that the information provided in this Alternative Request for Short Sale Approval is true and accurate and authorizes Aurora Bank to disclose to the U.S. Department of the Treasury or other government agency, Fannie Mae and/or Freddie Mac, any information provided in connection with the Making Home Affordable Program. Borrower Signature Date Printed Name Borrower Signature Printed Name Borrower Signature Date Printed Name Date Borrower Signature Date Printed Name If you have questions, please contact Aurora Bank directly between the hours of 8 a.m. and 11 p.m. EST, toll free at 1-800-5500509. NOTICE TO BORROWER Be advised that by signing this document you understand that any documents and information you submit to your servicer in connection with the Making Home Affordable Program are under penalty of perjury. Any misstatement of material fact made in the completion of these documents including but not limited to misstatement regarding your occupancy in your home, hardship circumstances, and/or income, expenses, or assets will subject you to potential criminal investigation and prosecution for the following crimes: perjury, false statements, mail fraud, and wire fraud. The information contained in these documents is subject to examination and verification. Any potential misrepresentation will be referred to the appropriate law enforcement authority for investigation and prosecution. By signing this document you certify, represent and agree that: “Under penalty of perjury, all documents and information I have provided to Lender in connection with the Making Home Affordable Program, including the documents and information regarding my eligibility for the program, are true and correct.” If you are aware of fraud, waste, abuse, mismanagement or misrepresentations affiliated with the Troubled Asset Relief Program, please contact the SIGTARP Hotline by calling 1-877-SIG-2009 (toll-free), 202-622-4559 (fax), or www.sigtarp.gov. Mail can be sent Hotline Office of the Special Inspector General for Troubled Asset Relief Program, 1801 L St. NW, Washington, DC 20220. Rev. 07212011 Equal Housing Lender 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 TERMS AND CONDITIONS HOME AFFORDABLE FORECLOSURE ALTERNATIVE PROGRAM ALTERNATIVE REQUEST FOR APPROVAL OF A SHORT SALE Borrower Name(s): ____________________________________________________________ Loan Number: ____________________________________________________________ Property Address: _____________________________________________________________ _____________________________________________________________ Full Name of Purchaser: ________________________________________________________ Date of Purchase Contract: _______________________________________________________ PLEASE READ THIS AGREEMENT CAREFULLY BEFORE YOU SIGN, BECAUSE IT AFFECTS YOUR LEGAL RIGHTS By signing this Home Affordable Foreclosure Alternative (HAFA) Short Sale Program Terms and Conditions (the Agreement), you are agreeing to a short sale alternative to foreclosure option. Signing this Agreement does not guarantee approval. All conditions must be met and a separate letter will be issued by Aurora Bank FSB (Aurora Bank) to advise of the approval or non-approval of your request to participate in the HAFA Short Sale program. If you have any questions about the HAFA Short Sale Program, please call us toll free at 1-800-550-0509 between the hours of 8 a.m. and 11 p.m. EST, before signing and returning this agreement. IMPORTANT PROGRAM INFORMATION The borrower and co-borrower, if applicable (“Borrower” or “you”), have contacted Aurora Bank FSB (Aurora Bank, Servicer, we or us) because your mortgage payments are no longer affordable and you would like to avoid foreclosure. After listing your house for sale, an offer was received; however, the sale may not be sufficient to pay off the loan. This Agreement is in response to your Alternative Request for Approval of a Short Sale of the subject property, in which the net sale proceeds are expected to be less than the full amount due. HAFA Short Sale Program—Terms and Conditions of the Request are as follows: 1. Allowable Costs that May be Deducted from Gross Sale Price a. Closing Costs. The closing costs paid by you or on your behalf as seller, must be reasonable and customary for the market. Closing costs which may be deducted from the gross sale proceeds are limited to: title search and escrow expenses usually paid by the seller; reasonable settlement escrow/attorney’s fees, transfer taxes and recording fees usually paid by the seller; termite inspection and treatment as required by law or custom; pro-rated real property taxes; all past due homeowner association dues; and, negotiated real estate commissions not to exceed six percent (6%) of the contract sales price. b. Subordinate Liens. We may allow an aggregate of up to $6,000 to be paid from the sale proceeds to help get subordinate or junior mortgage lien releases and on a case by case basis, allow an amount to be paid from sale proceeds to help obtain releases from subordinate non-mortgage lien holders. If you have these types of liens or loans on your home, please gather any paperwork you have (such as your last statement) and send it to us when you return this signed Agreement. Remember, clearing these other liens (mortgage and non-mortgage) and delivering clear and marketable title is your responsibility. Equal Housing Lender 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 c. Real Estate Commissions. We will pay real estate commissions as stated in the listing agreement between you and your real estate agent or broker, not to exceed six percent (6%) of the contract sales price, to be paid to the listing and selling real estate agents or brokers involved in the transaction. Neither you nor the buyer may receive a commission from the sale of the property. Any commission that would otherwise be paid to you or the buyer must be reduced from the commission due on sale. d. Borrower Relocation Assistance. If the closing of the short sale occurs in accordance with this Agreement, you may be entitled to an assistance payment of $3,000 to help with relocation expenses. We will instruct the settlement agent to pay you from the sale proceeds at the same time that all other payments, including the payoff of the first lien mortgage loan, are disbursed by the settlement agent. Only one payment per household is provided for the relocation assistance, regardless of the number of borrowers or occupants. 2. Property Maintenance and Expenses. You are responsible for all property maintenance and expenses of your home until you convey your property to us, including utilities, assessments, association dues, and costs for interior and exterior maintenance. Additionally, you must report any and all property damage to us and file a hazard insurance claim for covered damage. Unless insurance proceeds are used to pay for repairs or personal property losses, we may require that they be applied to reduce the mortgage debt. 3. Parties to the Sale. The Sales Contract must include the following clauses: “Seller and Buyer each represent that the sale is an “arm’s length” transaction and the Seller and Buyer are unrelated to each other by family, marriage or commercial enterprise.” “The Buyer agrees not to sell the property within 90 days of closing of this sale.” 4. Foreclosure Sale Suspension. We may initiate or continue the foreclosure process as permitted by the mortgage documents; however, we will suspend any foreclosure sale date until the expiration date of this Agreement or the date of closing of an approved short sale, whichever is later, provided that you abide by these terms and conditions. If a foreclosure sale has been scheduled, this conditional approval is contingent upon Aurora Bank’s ability to have the pending foreclosure sale postponed or cancelled. 5. Satisfaction and Release of Liability. If all of the terms and conditions of this Agreement are met, upon the closing of the short sale transaction and net proceeds being received by us, we will prepare and send to the settlement agent for recording, a lien release in full satisfaction of the mortgage, foregoing all rights to pursue from you any deficiency. 6. Mortgage Insurer or Guarantor Approval. The terms and conditions of the purchase contract may be subject to review and written approval by your mortgagor insurer or guarantor. 7. Termination of This Agreement. Unless otherwise extended by us in writing, this Agreement will terminate 45 days from this request if the sale does not close. This Agreement may be terminated earlier if: a. You fail to provide all the required documents listed in the Alternative Request for Short Sale Approval. b. Your financial situation improves significantly, you qualify for a modification, you bring the account current, or you pay off the mortgage in full. c. You or your real estate agent or broker fails to act in good faith in closing on the sale of the property or otherwise fails to abide by the terms of this Agreement. d. A significant change occurs to the property condition or value. e. There is evidence of fraud or misrepresentation. f. You file for bankruptcy and the Bankruptcy Court declines to approve this Agreement. g. Litigation is initiated or threatened that could affect title to the property or interfere with a valid conveyance. Equal Housing Lender 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 8. Settlement of a Debt. The proposed transaction represents Aurora Bank’s attempt to reach settlement of the delinquent mortgage. You are choosing to enter into this transaction even though there is no guarantee that the transaction will be successful. In the event this transaction is unsuccessful, Aurora Bank may exercise all remedies under your mortgage/deed of trust, including foreclosure. 9. Chapter 7 Bankruptcy. If you were discharged in a Chapter 7 bankruptcy proceeding and did not reaffirm your mortgage debt prior to the discharge and subsequent to the execution of your original loan documents, the owner/investor of your loan agrees that you will not have personal liability on the debt pursuant to the short sale. 10. Borrower’s Obligations. Borrower understands that contacting Aurora Bank will not suspend Borrower’s obligation to make mortgage loan payments and that all collection activities will continue, which may include referring the loan account to or continuing with any pending foreclosure activity, until such time as Aurora Bank has approved the Borrower’s request in writing. 11. Internal Revenue Service. The difference between the remaining amount of principal you owe on your mortgage loan account and the amount that we receive from the sale may be reported to the Internal Revenue Service (IRS) on Form 1099C, as debt forgiveness. In some cases, debt forgiveness could be taxed as income. The amount we pay you for moving expenses may also be reported as income. We suggest that you contact the IRS or your tax preparer to determine if you may have any tax liability. 12. Credit Reporting. We will follow standard industry practice and report to the major credit reporting agencies that your mortgage loan account was paid for less than the total amount owed. We have no control over, or responsibility for the impact of this report on your credit score. To learn more about the potential impact of a short sale on your credit score, you may want to go to http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre24.shtm. If you would like to speak with a counselor about this program, call the Homeowner’s HOPE™ Hotline 1-888-995-HOPE (4673). The Homeowner’s HOPE™ Hotline offers free HUD-certified counseling services and is available 24/7 in English and Spanish. Other languages are available by appointment. If you have questions, please contact Aurora Bank directly between the hours of 8 a.m. and 11 p.m. ET, toll free at 1-800-5500509. NOTICE TO BORROWER Be advised that by signing this document you understand that any documents and information you submit to your servicer in connection with the Making Home Affordable Program are under penalty of perjury. Any misstatement of material fact made in the completion of these documents including but not limited to misstatement regarding your occupancy in your home, hardship circumstances, and/or income, expenses, or assets will subject you to potential criminal investigation and prosecution for the following crimes: perjury, false statements, mail fraud, and wire fraud. The information contained in these documents is subject to examination and verification. Any potential misrepresentation will be referred to the appropriate law enforcement authority for investigation and prosecution. By signing this document you certify, represent and agree that: “Under penalty of perjury, all documents and information I have provided to Lender in connection with the Making Home Affordable Program, including the documents and information regarding my eligibility for the program, are true and correct.” If you are aware of fraud, waste, abuse, mismanagement or misrepresentations affiliated with the Troubled Asset Relief Program, please contact the SIGTARP Hotline by calling 1-877-SIG-2009 (tollfree), 202-622-4559 (fax), or www.sigtarp.gov. Mail can be sent Hotline Office of the Special Inspector General for Troubled Asset Relief Program, 1801 L St. NW, Washington, DC 20220. Signed: Equal Housing Lender 2617 COLLEGE PARK P.O. BOX 1706 SCOTTSBLUFF, NE 69363-1706 PHONE: 800-550-0508 FAX: 866-517-7975 _____________________________ Borrower ______________ Date _____________________________ Borrower ______________ Date ____________________________ Borrower ______________ Date _____________________________ Borrower ______________ Date Signature of Servicer Representative Title Printed Name of Servicer Representative Date Aurora Bank is a debt collector. Aurora Bank is attempting to collect a debt and any information obtained will be used for that purpose. However, if you are in bankruptcy or received a bankruptcy discharge of this debt, this communication is not an attempt to collect the debt against you personally, but is notice of a possible enforcement of the lien against the collateral property. Rev. 11/18/2011 Equal Housing Lender
© Copyright 2026 Paperzz