Short Sale Addendum for the United States

Short Sale Addendum Template for United States

A Short Sale Addendum is a legal document used in United States real estate transactions where the property is being sold for less than the outstanding mortgage balance. This document supplements the main purchase agreement and outlines specific terms and conditions related to the short sale process, including lender approval requirements, timeline expectations, and contingencies. It provides protection for all parties involved while acknowledging the unique circumstances of a short sale transaction.

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What is a Short Sale Addendum?

The Short Sale Addendum is essential in real estate transactions where the sale price won't cover the outstanding mortgage balance. This document, commonly used throughout the United States, supplements the primary purchase agreement by addressing specific requirements and contingencies unique to short sales. It typically includes provisions for lender approval, extended timelines, modified closing conditions, and special termination rights. The addendum helps protect all parties' interests while acknowledging the complexity and uncertainty inherent in short sale transactions.

What sections should be included in a Short Sale Addendum?

1. Parties: Identification of buyer, seller, and current lender(s)

2. Background: Context of the short sale situation and property details

3. Definitions: Key terms used throughout the addendum

4. Lender Approval Contingency: Terms stating the agreement is contingent on lender approval of the short sale

5. Timeline: Expected timeframes for lender response and closing

6. Purchase Price: Agreed purchase price subject to lender approval

What sections are optional to include in a Short Sale Addendum?

1. Commission Modifications: Terms regarding potential commission reductions, used when lender requires commission adjustments

2. Multiple Lender Provisions: Additional terms for cases involving multiple lenders or mortgages on the property

3. Buyer's Right to Terminate: Specific conditions under which buyer can terminate due to extended waiting periods

What schedules should be included in a Short Sale Addendum?

1. Property Information Schedule: Detailed property description and condition disclosure

2. Lender Documentation Requirements: List of required documents for short sale submission

3. Timeline Schedule: Detailed timeline of key dates and deadlines

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Jurisdiction

United States

Publisher

Genie AI

Cost

Free to use
Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate settlement processes and disclosures

TILA: Truth in Lending Act - Federal regulation requiring disclosure of credit terms and costs in real estate transactions

Dodd-Frank Act: Wall Street Reform and Consumer Protection Act - Comprehensive financial reform law affecting real estate transactions and mortgage lending

HAFA Guidelines: Home Affordable Foreclosure Alternatives program guidelines - Federal program specifications for short sale processes

FCRA: Fair Credit Reporting Act - Federal law governing credit reporting requirements and consumer rights in credit reporting

State Real Estate Laws: State-specific regulations governing real estate transactions and licensing requirements

State Foreclosure Laws: State-specific requirements and procedures for foreclosure processes

State Consumer Protection Laws: State-specific regulations protecting consumers in real estate transactions

State Short Sale Requirements: State-specific rules and disclosure requirements for short sale transactions

Mortgage Forgiveness Debt Relief Act: IRS regulations regarding tax implications of mortgage debt forgiveness in short sales

Local Real Estate Board Requirements: Rules and regulations set by local real estate boards governing transaction procedures

MLS Rules: Multiple Listing Service requirements specific to short sale listings and disclosures

Lender Guidelines: Specific requirements and procedures set by lenders for short sale approval and processing

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