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Must a Short Sale Seller Sign a Third Party Authorization?

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Question: Must a Short Sale Seller Sign a Third Party Authorization?
A reader asks: My bank says in order for me to do a short sale, I have to send the bank a third party authorization. What is this form and why do I need it? I have tried to search online for this answer and all of my searches bring me to your web site. You sure have a lot of information about short sales. Can you tell me what a third party authorization is and why I should sign it?"
Answer: Every bank requires a third-party authorization. I have not yet worked with a lending institution that did not require it for a short sale. Banks might be accused of doing a lot of things in an underhanded manner such as the robo-signing foreclosure fiasco and refusing to do loan modifications for underwater home owners, but they will not speak to just anybody who randomly calls to inquire about your loan. That's where a third-party authorization comes in.

The Purpose of a Third Party Authorization

The bank won't tell you this, of course, but the purpose of a third-party authorization is to prevent the bank from getting sued by you. Your bank will undoubtedly make your life a living nightmare as it finds various ways to drag out your short sale, but by George, it will make sure it follows protocol when it comes to discussing your personal financial information with somebody else.

Following are the commonly used basic components of a third party authorization:

  • The name of the individuals noted on the mortgage documents
  • The property address, city, state and ZIP
  • Name of the party authorized to speak to your bank (most likely your real estate agent) and contact information, including address, email and phone / fax numbers
  • Your loan number
  • Term of the authorization, from inception to termination
  • Date the authorization is signed
  • A place for your signature
  • Personal identification such as the last 4 digits of your Social Security number

Where Do You Get a Third Party Authorization?

I created my own third party authorization for use in my Sacramento short sales. Most banks will accept the following form or a variation thereof:

Please consider this letter written authorization to talk to my listing agents about the above loan. They have my full consent to discuss the condition of my loan with you, and to negotiate on my behalf when an offer to purchase has been executed. This authorization is valid from TODAY'S DATE through A DATE 12 MONTHS FROM NOW. I / we give my / our full consent for you to release all information regarding our loan to the following parties:

You can also ask your real estate agent to give you his or her company's third party authorization form. Your agent might also get this form from a local Association of REALTORS®. Another option is to ask your bank for the form. Almost every bank has its own form.

Moreover, it is possible the bank might prefer its own form, so ask. If the bank gives you a preferred third-party authorization, it is possible that document might need to be notarized. If so, you will need to go to a public notary and pay the notary to authenticate your signature.

A Second Type of Third Party Authorization

Another type of third party authorization is a limited third party authorization. Banks ask home owners to sign this type of authorization when there are two loans on a short sale. The senior lender might need to talk with the junior lender about paying the junior lender a certain amount to release the loan.

The senior lender needs your permission to discuss your situation with the junior lender. That permission is evidenced best in writing. Again, your mortgage lender does not want you to sue them. To facilitate the short sale, junior lenders need to release their most likely worthless mortgage from your home. Most junior lenders, even if they have no security for a mortgage, will not simply release their loan without some form of compensation.

It is the discussion between your senior mortgage lender and your junior mortgage lender that can be crucial to obtaining short sale approval for you. It is the senior mortgage lender who will pay your junior mortgage lender pennies on the dollar from the proceeds of sale.

Components of a Limited Third Party Authorization

The limited third party authorization grants your senior lender the right to communicate with your junior lender. It further may give the right of your senior lender to deliver documentation or obtain documentation from the junior lender to complete the review of your short sale. The following fields are typically reflected in the document:

  • Your name
  • Your senior lender's name
  • Your junior lender's name
  • Your junior lender's loan number
  • Your property address
  • The date and your signature

At the time of writing, Elizabeth Weintraub, DRE # 00697006, is a Broker-Associate at Lyon Real Estate in Sacramento, California.

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