53 Agostino - ApprovalLetter
53 Agostino - ApprovalLetter
                                                                                                          Property Address:
Patricia Marie Amidar                                                                                          53 Agostino,
                                                                                                                 Irvine, CA
                                                                                                                      92614
53 Agostino
Irvine CA 92614
Discount Payoff. Ocwen Loan Servicing, LLC, (“Ocwen’), acting on behalf of BANK OF AMERICA DOJ NON-DSI II, has
approved a discounted payoff on the above referenced loan in the amount of $385,083.40 (“Payoff Amount”) and subject to the
conditions set forth herein.
Expiration Date. This discounted payoff option expires on the earlier of (i) a scheduled foreclosure sale (whether scheduled as of
the date of this Agreement or scheduled thereafter) and (ii) 4/1/2013 (the “Expiration Date”). If you do not comply with the terms
described below on or before such Expiration Date, this payoff option offer may no longer be available to you.
To accept the discounted payoff, you must adhere to the following prior to the Expiration Date:
    6.   If you require an approval to the final HUD-1 settlement statement before closing, you must email a copy at least 48
         hours in advance to finalhudapproval@ocwen.com
    7.   PROMISSORY NOTE. Under some circumstances, you may be required to execute a promissory note as a condition of
         accepting the Payoff Amount. If the amount below is $0 or blank, then this condition is not applicable. You have/had
         agreed to sign a promissory note in the amount of $000.00, the full amount of which shall be applied to reduce any
         deficiency balance you owe Ocwen on your home loan account. The original executed promissory note must be sent to
         the mortgage insurance company upon closing, by your settlement agent, and a tracking number and copy of the signed
         note provided to Ocwen.
                                                  REQUIRED STEPS
                All Items MUST BE RECEIVED by Ocwen on or before the expiration date of: [4/1/2013]
Step 1. Sign and Send All Listed Documents to Ocwen on or before the expiration date.
         ALL borrowers MUST sign and fax or email all parts of this letter along with the HUD-1 Settlement Statement:
         Fax to (407) 737-5136 or Email to HAFA@ocwen.com
                Release of Claims - fully signed by all borrowers
                HAFA Affidavit - fully signed by all borrowers (sellers) and buyer(s).
                Final HUD-1 Settlement Statement* - fully completed and signed by all parties
                *IMPORTANT NOTE:
                 The HUD-1 Settlement Statement must be consistent with the preliminary HUD-1 that Ocwen relied upon to
                 approve this discounted payoff. Any surplus funds must be paid directly to Ocwen Loan Servicing, LLC. Under
                 no circumstances shall any funds go the borrower(s) unless Ocwen pre-approves such payment to the borrower(s).
                Promissory Note Copy & Tracking Information – applicable where a Promissory Note is required for payoff
         −       Send a copy signed by all borrowers
         −       Provide tracking information for mailing of ORIGINAL signed Promissory Note to the Mortgage Insurer.
         You may also mail all documents to:
         Ocwen Loan Servicing, LLC, Attn: Short Sale Department,
         1661 Worthington Rd Suite 100, West Palm Beach, FL 33409
Step 2. Wire Transfer Full Payoff Amount to Ocwen on or before the expiration date.
         Ocwen must RECEIVE the approved Payoff Amount by bank wire transfer no later than the close of business of the
         Deadline date.
                Bank Wire Transfer for full amount of the Approved Payoff - include your loan number.
                Email details of the wire transfer and confirmation to Transferfunds@ocwen.com
                 BANK WIRE DETAILS – HOW TO REMIT PAYMENT:
                 Wells Fargo Bank, NA
                 ABA: 121000248
                 Account Name: Ocwen Loan Servicing, LLC in Trust for Various Investors and Mortgagors
                 Account Number: 4124823352
                 Reference: Loan Number, Property Address, and Borrower Name.
If you have any questions, please contact Ocwen at 1-800-746-2936. We are available Monday to Friday 8:00 am to 9:00
pm, Saturday 8:00 am to 5:00 pm and Sunday 09:00 am to 9:00 pm ET.
The borrower and co-borrower, if applicable (“you”), of the above loan contacted the Servicer (“we”) because your mortgage
payments are no longer affordable and you would like to avoid foreclosure.
After listing your residential property for sale, you executed the Contract and have now requested that we approve it. However,
the proceeds from the sale may not be sufficient to pay off your loan.
This Notice describes the requirements a short sale must meet in order to participate in the HAFA Short Sale Program. This
Notice does not constitute an approval of the Contract. If we ultimately approve the Contract and you comply with the terms
described below, we will accept the net sale proceeds from the sale of your property as the payoff of the mortgage loan even
though the proceeds are expected to be less than the full amount due.
                   Short Sale Program – If a Contract is Approved, the Following Terms and Conditions will Apply:
1.      Allowable Costs that May be Deducted from Gross Sale Proceeds
       a. Closing Costs. The closing costs paid by you or on your behalf as seller must be reasonable and customary for the
           market. Acceptable closing costs, including the commission, which may be deducted from the gross sale proceeds, may
           not exceed 10% of the gross sales price.
       b. Subordinate Liens. We have the option of allowing a total of up to the lesser of $8,500 or maximum amount
           allowable by investor to be paid from the sale proceeds to help get subordinate mortgage lien releases. As described
           above, if you have these types of liens or loans on your property, please gather any paperwork you have (such as your last
           statement) and send it to us promptly. Remember, clearing these other liens and delivering clear and marketable title is
           your responsibility. We require each subordinate lien holder to release you from personal liability for the loans in order
           for the sale to qualify for this program, but we do not take any responsibility for ensuring that the lien holders do not seek
           to enforce personal liability against you. Therefore, we recommend that you take steps to satisfy yourself that the
           subordinate lien holders release you from personal liability.
       c. Real Estate Commissions. We will allow to be paid from sale proceeds, real estate commissions as stated in the listing
           agreement between you and your broker, not to exceed six percent (6%) of the contract sales price, to be paid to the
           listing and selling brokers involved in the transaction. Neither you nor the buyer may receive a commission. Any
           commission that would otherwise be paid to you or the buyer must be reduced from the commission due on sale.
       d. [This section does not apply if the property is vacant]: Occupant Relocation Assistance. If you or a Tenant occupy the
           property as a principal residence and you wish to receive (or have your Tenant receive) relocation assistance, you must
           inform us in writing of your request. Alternatively, you may send a signed, hard copy of your request to the mailing
           address listed above. You will be required to certify under penalty of perjury at closing that the property is occupied as a
           principal residence by (i) yourself; (ii) a Tenant; or (iii) your legal dependent, parent or grandparent who is living in the
           property rent-free.
           To receive relocation assistance, the occupant must be required to vacate as a condition of the sale. In addition, you must
           provide (i) evidence that the property is your/their principal residence, which in the case of a Tenant may include
           information concerning the tenant, a copy of the lease agreement or other evidence of occupancy; and (ii) a certification
           signed by each occupant that will receive relocation assistance attesting to the occupant’s compliance with Section 1481
           of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203) (the Dodd-Frank Certification).
           We will provide you with a Dodd-Frank Certification form(s). If you fail to deliver the Dodd-Frank Certification prior to
           the closing of the sale of the property, the relocation assistance will not be paid. Upon your compliance with the
           conditions of the sale, we will instruct the settlement agent to pay the occupant from the sale proceeds at the same time
           that all other payments, including the payoff of our first mortgage, are disbursed by the settlement agent. Only one
           payment per household is provided for the relocation assistance, regardless of the number of occupants.
2.     Property Maintenance and Expenses. You are responsible for all property maintenance and expenses of your property until
       the closing of an approved short sale, 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.     HAFA Affidavit. At closing the buyer and seller will be required to execute an affidavit certifying 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
       affidavit will also include an agreement by the buyer not to sell the property within 30 days of closing of the sale, or between
       31 and 90 calendar days of the sale for a price greater than 120 percent of the gross sales price.
4.     Foreclosure Sale Suspension. We will postpone any foreclosure sale until a decision is made plus any extensions that we
       may grant in writing, or until the closing date of an approved short sale, whichever is later. Please note that we may still
       initiate foreclosure or continue with existing foreclosure proceedings as permitted by the mortgage documents during this
       period.
5.     Satisfaction and Release of Liability. If all of the terms and conditions of the approved short sale are met, upon sale and
       settlement of the property, 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 a deficiency judgment.
6.     Mortgage Insurer or Guarantor or Investor Approval. The terms and conditions of the short sale are subject to the written
       approval of the mortgage insurer or guarantor or investors of the loan.
7.     Termination of Short Sale. Unless otherwise stipulated by us in writing, any approval of the short sale may be terminated if:
       a. You fail to authorize us to discuss your personal financial information with your broker or others involved in the sale;
       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 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 letter;
       d. A significant change occurs to the property’s condition or value;
       e. There is evidence of fraud or misrepresentation;
       f. You file for bankruptcy and the Bankruptcy Court declines to approve the short sale transaction;
       g. Litigation is initiated or threatened that could affect title to the property or interfere with a valid conveyance; or
       h. You do not sign and return the attached Hardship Affidavit form.
8.     Settlement of a Debt. The proposed transaction represents our attempt to reach a settlement of the delinquent mortgage.
       There is no guarantee that the Contract will be approved or, if approved, the transaction will be successful. In the event the
       Contract is not approved, or, if approved, the transaction is unsuccessful, the Servicer may exercise all remedies under the
       mortgage, including foreclosure.
9.  Possible Income Tax Considerations. We will report the difference between the remaining amount of principal you owe and
    the amount that we receive from the sale to the Internal Revenue Service (IRS) on Form 1099C, as debt forgiveness. In some
    cases, debt forgiveness could be taxed as income. The amount, if any, we pay you or your Tenant 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.
10. Credit Bureau Reporting. We will follow standard industry practice and report to the major credit reporting agencies that your
    mortgage was settled for less than the full payment. 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, you may want to go to
    http://www.ftc.gov/bcp/edu/pubs/consumer/credit/cre24.shtm.
                                             ACKNOWLEDGEMENTS
Active Bankruptcy. If the debt secured by the above-named property or said property is the subject of an active bankruptcy, the
above-named Borrower(s) must obtain and send Ocwen an order from the bankruptcy court with jurisdiction over such bankruptcy
proceeding. Said court order must approve the terms and conditions of the short sale and the Discount Payoff Agreement.
Agreement Confidentiality. All contents of this letter and the terms of this Discount Payoff Agreement, are strictly confidential
and may only be disclosed to parties in furtherance of the closing and enforcement of this the transaction and only to the extent
necessary to do so. Any disclosure or transmittal of this letter or the terms of this Discount Payoff Agreement (including, but not
limited to website postings and any promotional materials or publications whatsoever) will result in revocation of the discounted
payoff offer and liability against all parties involved in such disclosure.
Legal Action. Upon our timely receipt of the entire Payoff Amount, evidence of satisfaction of the above conditions and a copy of
this letter, properly signed by each of the above-named Borrower(s), Ocwen will execute a release/satisfaction and a discharge of
the Deed of Trust/Mortgage. If necessary, Ocwen will file a withdrawal in connection with any legal action it may already have
taken, as of the date of your response to this letter, to collect this obligation.
Balance Waiver. Ocwen agrees to waive the remaining balance due on the referenced loan and release the Borrower(s) from
further obligation. Furthermore, Ocwen agrees to waive all rights to pursue for further judgment or deficiencies, costs, fees,
interest or expenses in association with the referenced loan. For the avoidance of doubt, Ocwen agrees that it shall not transfer any
further obligations or rights to pursue further judgment or deficiencies to a third party debt-collector. Notwithstanding the
foregoing, Ocwen is not responsible for any possible income tax consequences Borrower (s) may experience as a result of any debt
forgiveness reported to the Internal Revenue Service (IRS) on Form 1099-C.
{WASHINGTON ONLY}
NOTICE OF WAIVER/RESERVATION OF RIGHT TO COLLECT DEFICIENCY.
 Please take note that [NAME OF BENEFICIARY OR MORTGAGEE, OR ITS ASSIGNEES], in releasing its security interest in
this owner-occupied real property, [waives or reserves] the right to collect that amount that constitutes full payment of the secured
debt. The amount of debt outstanding as of the date of this letter is $[DEBT AMOUNT]. However, nothing in this letter precludes
the borrower from negotiating with the [NAME OF BENEFICIARY OR MORTGAGEE, OR ITS ASSIGNEES] for a full release
of this outstanding debt.
If the [NAME OF BENEFICIARY OR MORTGAGEE, OR ITS ASSIGNEES] does not initiate a court action to collect the
outstanding debt within three years on the date which it released its security interest, the right to collect on the outstanding debt is
forfeited.
                                                RELEASE OF CLAIMS
As consideration for this discount payoff offer, which Ocwen is not otherwise obligated to make available to Borrower(s), the
receipt and sufficiency of which consideration is hereby acknowledged by Borrower(s), and as a condition to your (i.e.,
Borrower(s) shown above) acceptance of this discounted payoff offer.
Borrower(s), for himself or herself and his or her heirs, personal representatives, successors, and assigns, hereby jointly and
severally, knowingly and voluntarily releases, discharges, and covenants not to sue, any of Ocwen, Investor and their respective
predecessors, successors and assigns, representatives, trustees, depositors, agents, affiliates, parents, subsidiaries, officers,
employees, directors and shareholders, (collectively, the “Released Parties”) from any and all claims, demands, liabilities,
defenses, setoffs, counterclaims, actions, and causes of action of whatsoever kind or nature, whether known or unknown, whether
legal or equitable, which he or she has, or may assert in the future, against Ocwen, Investor and the Released Parties directly or
indirectly, or in any manner connected with this offer and with any event, circumstance, notice of default, action, or failure to act,
of any sort or type, whether known or unknown, whether legal or equitable, which was related or connected in any manner,
directly or indirectly, to the Property or to the servicing of this Loan.
Borrower(s) hereby further acknowledge and agree that, to the extent that any such claims may exist, the value to the Borrower(s)
of the discount payoff offer by Ocwen contained in this letter, substantially and materially exceed any and all value of any kind or
nature whatsoever of any such claims.
Ocwen reserves the right to terminate this offer at any time prior to your timely acceptance of the terms set forth above. All terms
within this agreement must be strictly complied with, and any failure to complete or comply with any term constitutes failure to
accept this discounted payoff offer rendering the offer is null and void. If this discounted payoff is not accepted, is terminated
prior to acceptance, or otherwise is not completed as instructed in the manner and time frame set forth in this letter, then nothing in
this letter shall be construed to prejudice, waive, modify or alter any of Ocwen or Investor's rights or remedies in law or in equity
in collecting the entire amounts due and to come due on the Loan or be construed to waive any defense of Ocwen or Investor.
OCWEN LOAN SERVICING, LLC IS ATTEMPTING TO COLLECT A DEBT AND ANY INFORMATION
OBTAINED WILL BE USED FOR THAT PURPOSE.
If you have any questions, please contact Ocwen at 1-800-746-2936. We are available Monday to Friday 8:00 am to 9:00 pm,
Saturday 8:00 am to 5:00 pm and Sunday 9:00 am to 9:00 pm ET.
 By signing below, I/we agree to all the stated terms and conditions of the Request, and I/we represent that the information
 provided in this Request is true and accurate and authorize the Servicer 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.
SIGN                                                                         SIGN
HERE                                                     /     /             HERE                                                            /     /
         Patricia Marie Amidar Signature           Date (MM|DD|YY)                      Signature                                      Date (MM|DD|YY)
SIGN                                                                         SIGN
HERE                                                     /     /             HERE                                                            /     /
         Signature                                 Date (MM|DD|YY)                      Signature                                      Date (MM|DD|YY)
 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.
                                            NOTICE TO BORROWER
 Be advised 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 returning documents or
 information described in this Notice 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.
                                                   HAFA AFFIDAVIT
Loan Number: 7130783025                                                                                          Property Address:
                                                                                                                      53 Agostino,
                                                                                                                         Irvine CA
                                                                                                                             92614
All Parties to the contract to purchase aforementioned property dated: __________________________________________
This HAFA Affidavit (“Affidavit”) is given by the Seller(s) and Buyer(s) to the Servicer of the mortgage loan secured by the
Property (“Mortgage”) in consideration for the mutual and respective benefits to be derived from the short sale of the Property
with a scheduled closing date. This affidavit is to be executed before or at the time of closing of the sale of the Mortgaged
Premises by all Borrower(s), purchaser(s), real estate brokers representing any of the parties, the escrow/closing agent performing
the closing of the sale, and the transaction facilitator facilitating the sale (if any) certifying under penalty of perjury that to the best
of each signatory's knowledge and belief:
(a)    The sale of the Mortgaged Premises is an "arm's length" transaction, between parties who are unrelated and unaffiliated by
       family, marriage, or commercial enterprise;
(b) There are no agreements, understandings or contracts between the parties that the Borrower will remain in the Mortgaged
       Premises as a tenant or later obtain title or ownership of the Mortgaged Premises, except to the extent that the Borrower is
       permitted to remain as a tenant on the Mortgaged Premises for a short term, as is common and customary in the market but
       no longer than ninety (90) days, in order to facilitate relocation;
(c)    Neither the Borrower(s) nor the purchaser(s) will receive any funds or commissions from the sale of the Mortgaged
       Premises. The Borrower may receive a payment if it is offered by the Servicer, approved by Freddie Mac and reflected on
       the HUD-1 Settlement Statement;
(d) There are no agreements, understandings or contracts relating to the current sale or subsequent sale of the Mortgaged
       Premises that have not been disclosed to the Servicer;
(e)    All amounts to be paid to any party, including holders of other liens on the Mortgaged Premises, in connection with the
       short payoff transaction have been disclosed to and approved by the Servicer and will be reflected on the HUD-1 Settlement
       Statement;
(f)    Each signatory understands, agrees and intends that the Servicer and Freddie Mac are relying upon the statements made in
       the affidavit as consideration for the reduction of the payoff amount of the Mortgage and agreement to the sale of the
       Mortgaged Premises;
(g) A signatory who makes a negligent or intentional misrepresentation agrees to indemnify the Servicer and Freddie Mac for
       any and all loss resulting from the misrepresentation including, but not limited to, repayment of the amount of the reduced
       payoff of the Mortgage;
(h) The certification will survive the closing of the transaction; and
(i)    Each signatory understands that a misrepresentation may subject the party making the misrepresentation to civil and/or
       criminal liability
  You cannot list the property with or sell the property to anyone that you are related to or with whom you have a close personal or
  business relationship. In legal language, it must be an “arm’s length transaction.” If you have a real estate license, you cannot
  earn a commission by listing your own property. You may not have any agreements to receive a portion of the commission or the
  sales price after closing.
  The purchaser of a property subject to a HAFA short sale must agree not to resell the property within 90 calendar days
  of closing. This provision is amended to prohibit any resale of the property within 30 calendar days of closing and further
  prohibit any resale of the property for 31 to 90 calendar days after closing for a gross sales price greater than 120 percent
  of the gross sales price of the HAFA transaction.
 SIGN                                                                 SIGN
 HERE                                                                 HERE
                          Seller Signature                                                    Co-Seller’s Signature
 SIGN                                                                 SIGN
 HERE                                                                 HERE
                         Buyer’s Signature                                                     Co-Buyer’s Signature
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 us directly between the hours of [We are available Monday to Friday 8:00 am to 9:00
pm, Saturday 8:00 am to 5:00 pm and Sunday 09:00 am to 9:00 pm ET] at [1-800-74-OCWEN (1-800-746-2936.]
                                          NOTICE TO SIGNATORIES
 Be advised that by signing this document you understand that any documents and information you submit 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 in connection with the Making Home Affordable Program, including the documents
 and information regarding 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.