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Filing # 29255967 E-Filed 07/03/2015 03:41:10 PM
IN THE CIRCUIT COURT OF THE 17"
JUDICIAL CIRCUIT, IN AND FOR
BROWARD COUNTY, FLORIDA
WELLS FARGO BANK, N.A., CASE NO.: 12-033029 (11)
Plaintiff,
vs.
MARK P. IANNATO, et al.,
Defendants.
/
DEFENDANT’S MOTION TO CANCEL FORECLOSURE SALE SCHEDULED FOR
JULY 14, 2015 DUE TO PENDING SHORT SALE
COMES NOW, the Defendant MARK P. IANNATO, by and through the undersigned
counsel, in accordance with Florida Rules of Civil Procedure files this Motion to Cancel
Foreclosure Sale Scheduled for July 14, 2015, 2015 and as grounds in support thereof states the
following:
1. Pursuant to Final Judgment and this Court’s orders, the Defendant’s property was ordered
to foreclosure sale on July 14, 2015.
2. On April 6, 2015 the Defendant entered into a contract for the sale of the subject property
with Ryan Allen. See Sales Contract attached hereto as Exhibit “A” and buyer’s proof of
financing attached hereto as Exhibit “B”.
3. The Contract has been provisionally approved by the Plaintiff, but this transaction will
not close before the July 14, 2015 sale date. See attached correspondence from Plaintiff
attached hereto as Exhibit “C”.
4. Defendants, Plaintiff, and the third party purchaser would all be greatly prejudiced if they
are not given additional time for this sale to occur.
*** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/3/2015 3:41:09 PM.****5. This Motion is made in good faith and not for dilatory purposes..
WHEREFORE, the Defendant MARK P. IANNATO respectfully requests this Court to
grant this Motion, cancel the pending sale date, and for all other such relief this court deems just
under the circumstances.
CERTIFICATE OF SERVICE
I HEREBY CERTIFY that a true and correct copy of the foregoing was delivered via
email to: ServiceMail@aclawllp.com, Adam R. Barnett, Esq., Aldridge Connors LLP, 7000 W.
Palmetto Park Road, Suite 307, Boca Raton, Florida 33433, on this Be day of July, 2015.
LAW OFFICES OF JORDAN I. WAGNER, P.A.
2400 East Commercial Blvd., Suite 820
Fort Lauderdale, Florida 33308
Telephong: 954-491-3277
Facsimilé: 954-692-9186
jiw@jordanwagnerlaw.com“AS IS” Residential Contract For Sale And Purchase a
THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR
{Buyer}. agree that
z fen. ral
3. Seller shi sell and Buyer shall buy the following described Real Property and Personal Progerty
4 (collectively “Property”) pursuant to the terms and conditions of this AS IS Residentisi Contract For Saie And’ Purchase and
s
5
ids 1d addenda ("Contract"):
1D PROPERTY Pein 767 Sky WET, Pla lakion Pl. B37
r (a) Street adaress, city, zit
“a (0). Property is located In: “ee end County, Flotisa. Real Property Tax ID No.:
e (c} Real Progerty: The legal description ;
“ ig SOY La ~ poor FO har 4 BikY
"
12 together with all existing improvements and fixtures, including bulll-in appliances, built-in tumishings ana attaches
13 wall-to-wall carpeting and flooring (Real Property") unless specifically excluded in Paragraph 1/8} or by otner terms
4 of this Contract.
18 (d) Personai Property: Unless excluded in Paragraph {(e) or by other terms of this Coniract. the following items which
16 are owned by Seller and existing on the Property as of the date of the initial offer are included in the purchase
7 range(s)/oven{s), refrigerator(s), dishwasher(s}. disposal, ceiling fan(s}, intercom, light fixture(s}, drapery rods and
18 draperies, binds, window treatments, smoke detector(s), garage door openers}, security gate and other access
49 devices, and storm shutters/panels (“Personal Property").
20" Other Personal Property items included in this purchase are’ pe
a
2 Personal Properly is included in the Purchase Price, has no conthbulaty value, and shall be le? for ihe Super
2 {e} The following items are excluded from the purchase:
Py
28 PURCHASE PRICE AND CLOSING
as 2. PURCHASE PRICE (U.S, currency): .
aT {a} initial deposit to be held in escror ¢ amount of (checks c TION) ..
26 ‘The initial deposit made payable and delivered to “Escrow Agent’ named below
2 {CHECK ONE}: (i) [] accompanies offer or (ii) (] is to be made within {if left blank,
3 then 3) days after Effective Date. IF NEITHER BOX 1S CHECKED, THEN OPTION (ii)
a SHALL BE DEEMED SELECTED.
az Escrow Agent Information: Name: “TBD
at Address.
Phone: E-mail: Fax
tb} Additional deposit to be delivered to Escrow Agent within {if feff blank. then 10)
days after Effective Date......... oe ee leatltalet
(All deposits paid or agreed io be paid, are collectively referred to as the "Deposit"
wo
(c) Financing: Express as a dollar amount or percentage ("Loan Amount’) see Paragraph 8.......0. —
{d) Other: eectanencnneees
(e) Balance to close (not including Buyer's closing costs, prepaids and pro‘ations} by wire
a transfer or other COLLECTED funds... 8137, Bo
a2 NOTE: For the definition of “COLLECTION or J “COLLECTED” see » STANDARD | s.
aa 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE:
aes fa) ff not signed by y Buyer and Seller. and an executed copy delivercd io ali parties on or beicre
cy this offer shall be deemed withdrawn and the Deposit if any. shall be returned te
46 Buyer, Uniess otherwise stale, time for acceptance of any counter-offers shell be withn 2 lays alter the day we
“7 counter-offer is delivered.
“8 (0) The effective date of this Contract shail be the date when the fast one of the Buyer ano Selle: nas signed or invialed
40 and delivered this offer or final counter-offer (“Effective Date").
99 «= A. “CLOSING DATE: Unless modified by athe: provisions of this Contract, the closing of this transaction shall occur and
a, the clgsing gocuments required jo be furnished by each party pursuant to this Contract shall se delivered (“Closing”) or
52° 30 d; 2 (Closing Date’), at the time established by the Closing Agent.
ss ENSION OF CLOSING DATE:
54 {2) Hf Closing funds from Buyer's lender(s) are nat available at time of Closing due to Truth In Lending Act {TILA} notice
requirenients, Closing shall be extended fo: such period necessary to satisfy TILA nctice requirements, not !o
38 exceed ? days.
Buyers inttiats £2 Pace 1 of 14 Salier's trinats i Was
FlorideReakarsiFlordsBarASIS-2 Rev.6/13 @ 2013 Florida Realtors*and The Florida Bae. Al: nghts reserved,
Sensie, OF3980-3001I9-91613089 (b) I extreme weather or other condition or event constituling “Force Majeure’ (see STANDARD Gi co:
58 disruption of utilities or other services essential for Closing or {ili Hazard, Wind, Flood or Homeowners’ ingurance
58 to become unavailable prior to Closing, Closing shail be extended a reasonable time up to 3 days after restoration
cd of utilities and other services essential to Closing and availability of spplicable Hazard, Wind. Flood or
Homeowners’ insurance. If restoration of such utilities or services and availability of «nsurance has not ocurred
within (if left blank, then 14) days after Closing Date. then either parly may terminate Us Contract by
delivering written notice to the other partly, and Buyer shall be refunded the Daposi, inerahy releasi er and
Seiler from ali further obligations under this Contract.
6. OCCUPANCY AND POSSESSION;
(a) Unless the box in Paragraph 6{b} is checked, Seller shail, at Closing, Celiver occupancy anit pessessier of the
Property to Buyer free of tenants, occupants and future tenancies. Also, at Closing, eS all
personal tents and trash from the Property and shail deliver all keys, gacage docr openers access devicas and
codes, 3s applicable, to Buyer. If cecupancy is to be delivered cetore: Closing, Buye: asst
Property from date of occupancy, shall be responsible and hable fer maintenance from
deemed to have accepted the Property in its existing condition as of time of taking secupancy,
tb) [] CHECK IF PROPERTY IS SUBJECT TO LEASE(S} OR OCCUPANCY AFTER CLOSING. it Property 1
subject to a lease(s) after Closing or is intended to be rented or occupied by third parties beyond Closing, the fa:
and terms thereof shall be disclosed in wail ng by Seller to Buyer and copies of the written Jeaseis) st be
delivered to Buyer, all within 5 days after Effective Date. If Buyer determines, in Buyer's sole discretion. that the
lease(s) or terms of occupancy are not ecceptable to Buyer, Buyer may
written notice of such election to Seller within 5 days after receipt of the above ilems from £
refunded the Depesit thereby releasing Buyer and Seller from all further obligations under this Contract Estoppei
Letter(s} and Seller's affidavit shall be provided pursuant ts STANDARD D. If Pronerty is intended to be oecunt
by Seller after Closing, see Rider U. POST-CLOSING OCCUPANCY BY SELLER
7, ASSIGNABILITY: (CHECK ONE): Buyer (2 may assign and thereby be released from any forther hatuity «
Contract: [ may assign but not be reieased from liability under this Cantract: or fal’may not assign th:
33 FINANCING
st 8. FINANCING:
a8 ‘) Buyer will pay cash ar may obtain a loan for the purchase of ne Property. There is no financing contingency to
a ~uyer's obligation to clase .
Br “i (b) This Contract is contingent upon Buyer obtaining 3 written loan commitment for a C} conventional [7 FHA 2 VA
38 or (other (describe) loan on the following terms within __~ ff fet blank, tr Q} days after
ae Effective Date (‘Loan Commitment Date") for (CHECK ONE): {1} fixed, [J adjustable. ©) fixed stable rate oan in
ane the Loan Amount (See Paragraph 2(c}}, at an initial mterest rate nol to exceed % (elt bank then prevating
ar rale based upon Buyer's creditworthiness), and for a term of a ii left blank. then 30) years (
ae Buyer shall make mortgage loan application for the Financing within (left blank, then 4) days
a Date and use good faith and diligent effort to obtain a written loan commitment far the Financing (Loa:
and thereafter to close this Contract, Buyer shall keep Seller and Broker fully informed about the status of mor
loan application and Loan Commitment and authorizes Buyers morigage broker and Buyer's lender to discto:
status ang progress to Seller and Broker.
Upon Buyer's receipt of Loan Commitment, Buyer shall provide written notice of same to Sailer, if Buyer does not
we receive Loan Commitment by Loan Commitment Date, thon thereafter elmer party may car
+05 eartier of:
108 (.) Buyer's delivery of written notice to Seller that Buyer has either received Loan Commitment or giected to
109 waive the financing contingency of this Contract: cr
103 (i) 7 days prior to Closing Date.
194 It either party timely cancels this Contract pursuani to this Paragraoh & and Buyer is nat in default under
105 this Contract, Buyer shall be refunded the Deposit thereby releasing Buyer and Seller from all fusther ov!
this Contract. if neither party has timely canceled this Contract pursuant te this Paragraph & th Ss finsricng
107 contingency shail be deemed waived by Buyer.
108 If Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract does not Ihereattee clase. the
108 Deposit shall be paid to Seller unless fallure to close 1s due to {1} Seller's detautt; (2) Property related conditions of the
110 Loan Commitment have not been met (except when such conditions are waived by other provisions of this Contract (3)
Mt appraisal of the Property obtained by Buyer's lender is irsufficient 10 meet terms cf the Loan Commitment, of (4) the
12 loan is not funded Gue to financial failure of Buyer's lender, in wétich event(s) the Deposit snali be returned to Buyer
143 thereby releasing Buyer and Seller from all further obligations under this Contract,
Buyer's Intials LL Page 20814 Satter’s Initints LE a =
FloridaReakorsiFlondaBarASIS-2 Rev 2/13 @ 2012 Florida Realtors’ ang The Flerida Bee, All sights reserved,
wrote:
Loan #: 0027190925 & 0028648939
Please provide the following in order to proceed with the file review:
1. Addendum #1 (changing the purchase price)
a. _ Incorrect zip code on the property address.
2. Listing Agreement Addendum
b. Need an addendum correcting the commission on the listing to be 5% instead of 6%
(equals to $8,000 instead of $9 600). This should just about cover the amount we need in
order to get the offer approved using the current appraisal value.
3. HUDI
c. Need an updated HUDI reflecting the 5% commission.
d. Should also include the $10,000 Relocation Incentive in the 500 series.
Roxanne SaldivarLoan Adjustor
Wells Fargo Home Mortgage Default Servicing - Default Decisioning
Wells Fargo | 4101 Wiseman Blvd. | San Antonio, TX 78251
MAC T74}9-025
Tel: 210-856-2096 | Fax: 1-877-319-9891
roxanne.saldivar@wellsfargo.com
This transmission may contain information that is confidential and/or proprietary. If you are not the individual or entity to which itis
addressed, note that any review, disclosure, copying, retransmission, or other use is strictly prohibited. If you received this transmission in
error, please notify the sender immediately and delete the material from your system, ‘This transmission is for informational purposes only and
is not intended as an offer or solicitation for the purchase or sale of any financial instrument or as an official confirmation of any transaction.
Any information regarding specific investments or other products is not warranted for completeness or accuracy and is subject to change
without notice,
It is our mission to provide excellent customer service. Please contact my Manager directly if I have not met your servicing
expectations at randall, meilwain@wellsfargo.com
From: Saldivar, Roxanne
Sent: Monday, June 15, 2015 3:25 PM
To: Myrna Contreras (supremetss@yahoo.com)
Ce: Questo, Paula
Subject: MARK P IANNATTO
Loan #: 0027190925 & 0028648939
Hello Ms. MacLean,
The below correspondence is for this particular loan ONLY. The guidelines
outlined below are specific to this loan and should not be interpreted for all Wells
Fargo Home Mortgage loans.lam the negotiator for the first lien on the above referenced property, and I have
reviewed the offer received from RYAN ALLEN in the amount of $140,000.
At this time, the offer received does not provide sufficient net proceeds to be able to
accept the short sale offer. If you obtain a counter offer in the amount of $183,095.32,
please submit an executed addendum and HUD-1 reflecting the increased offer to
continue the review.
Any short sale offer may require Investor or Mortgage Insurer approval.
In order to move forward with the short sale process the following items need to be
received by Wells Fargo Home Mortgage by 7/4/15 to continue with the review.
Additionally, please provide the following documents/corrections:
. Short Sale Addendum “G” (blank copy attached)
<< File: Florida Rider G - SSA pdf >>
* Proof of funds covering the increased purchase price.
*ALL PROOF OF FUNDS MUST BE DATED WITHIN 30 DAYS AND SHOW
THE BUYER’S NAME*
*** Keep in mind that this is only a counter. If the buyer cannot meet the net being
requested, please submit their best and final offer so that it may be evaluated. ***
Please be advised additional clarifying information or documents may be required to
make a final decision.
You can either email the requested material to me via reply email or fax to 1-877-319-
9891
Negotiations are not complete until you have received a Short Sale Approval letter from
us.Please reply to me via email if you have any questions or call me during normal business
hours.
Roxanne Saldivar
Loan Adjustor
Wells Fargo Home Mortgage Default Servicing - Default Decisioning
Wells Fargo | 410! Wiseman Blvd. | San Antonio, TX 78251
MAC T7419-025
Tel: 210-856-2096 | Fax: 1-877-319-9891
roxanne saldivar@wellsfargo.com
This transmission may contain information that is confidential and/or proprietary. If you are not the individual or entity to which itis
addressed, note that any review, disclosure, copying, retransmission, or other use is sirictly prohibited. If you received this transmission in
error, please notify the sender immediately and delete the material from your system. This transmission is for informational purposes only and
is not intended as an offer or solicitation for the purchase or sale of any financial instrument or as an official confirmation of any transaction.
Any information regarding specific investments or other praducts is not warranted for completeness or accuracy and is subject to change
without notice.
Itis our mission to provide excellent customer service. Please contact my Manager directly if f have not met your servicing
expectations at randal) meilwain@wellsfareo.com
Preview
Filing # 29255967 E-Filed 07/03/2015 03:41:10 PM IN THE CIRCUIT COURT OF THE 17" JUDICIAL CIRCUIT, IN AND FOR BROWARD COUNTY, FLORIDA WELLS FARGO BANK, N.A., CASE NO.: 12-033029 (11) Plaintiff, vs. MARK P. IANNATO, et al., Defendants. / DEFENDANT’S MOTION TO CANCEL FORECLOSURE SALE SCHEDULED FOR JULY 14, 2015 DUE TO PENDING SHORT SALE COMES NOW, the Defendant MARK P. IANNATO, by and through the undersigned counsel, in accordance with Florida Rules of Civil Procedure files this Motion to Cancel Foreclosure Sale Scheduled for July 14, 2015, 2015 and as grounds in support thereof states the following: 1. Pursuant to Final Judgment and this Court’s orders, the Defendant’s property was ordered to foreclosure sale on July 14, 2015. 2. On April 6, 2015 the Defendant entered into a contract for the sale of the subject property with Ryan Allen. See Sales Contract attached hereto as Exhibit “A” and buyer’s proof of financing attached hereto as Exhibit “B”. 3. The Contract has been provisionally approved by the Plaintiff, but this transaction will not close before the July 14, 2015 sale date. See attached correspondence from Plaintiff attached hereto as Exhibit “C”. 4. Defendants, Plaintiff, and the third party purchaser would all be greatly prejudiced if they are not given additional time for this sale to occur. *** FILED: BROWARD COUNTY, FL HOWARD FORMAN, CLERK 7/3/2015 3:41:09 PM.****5. This Motion is made in good faith and not for dilatory purposes.. WHEREFORE, the Defendant MARK P. IANNATO respectfully requests this Court to grant this Motion, cancel the pending sale date, and for all other such relief this court deems just under the circumstances. CERTIFICATE OF SERVICE I HEREBY CERTIFY that a true and correct copy of the foregoing was delivered via email to: ServiceMail@aclawllp.com, Adam R. Barnett, Esq., Aldridge Connors LLP, 7000 W. Palmetto Park Road, Suite 307, Boca Raton, Florida 33433, on this Be day of July, 2015. LAW OFFICES OF JORDAN I. WAGNER, P.A. 2400 East Commercial Blvd., Suite 820 Fort Lauderdale, Florida 33308 Telephong: 954-491-3277 Facsimilé: 954-692-9186 jiw@jordanwagnerlaw.com“AS IS” Residential Contract For Sale And Purchase a THIS FORM HAS BEEN APPROVED BY THE FLORIDA REALTORS AND THE FLORIDA BAR {Buyer}. agree that z fen. ral 3. Seller shi sell and Buyer shall buy the following described Real Property and Personal Progerty 4 (collectively “Property”) pursuant to the terms and conditions of this AS IS Residentisi Contract For Saie And’ Purchase and s 5 ids 1d addenda ("Contract"): 1D PROPERTY Pein 767 Sky WET, Pla lakion Pl. B37 r (a) Street adaress, city, zit “a (0). Property is located In: “ee end County, Flotisa. Real Property Tax ID No.: e (c} Real Progerty: The legal description ; “ ig SOY La ~ poor FO har 4 BikY " 12 together with all existing improvements and fixtures, including bulll-in appliances, built-in tumishings ana attaches 13 wall-to-wall carpeting and flooring (Real Property") unless specifically excluded in Paragraph 1/8} or by otner terms 4 of this Contract. 18 (d) Personai Property: Unless excluded in Paragraph {(e) or by other terms of this Coniract. the following items which 16 are owned by Seller and existing on the Property as of the date of the initial offer are included in the purchase 7 range(s)/oven{s), refrigerator(s), dishwasher(s}. disposal, ceiling fan(s}, intercom, light fixture(s}, drapery rods and 18 draperies, binds, window treatments, smoke detector(s), garage door openers}, security gate and other access 49 devices, and storm shutters/panels (“Personal Property"). 20" Other Personal Property items included in this purchase are’ pe a 2 Personal Properly is included in the Purchase Price, has no conthbulaty value, and shall be le? for ihe Super 2 {e} The following items are excluded from the purchase: Py 28 PURCHASE PRICE AND CLOSING as 2. PURCHASE PRICE (U.S, currency): . aT {a} initial deposit to be held in escror ¢ amount of (checks c TION) .. 26 ‘The initial deposit made payable and delivered to “Escrow Agent’ named below 2 {CHECK ONE}: (i) [] accompanies offer or (ii) (] is to be made within {if left blank, 3 then 3) days after Effective Date. IF NEITHER BOX 1S CHECKED, THEN OPTION (ii) a SHALL BE DEEMED SELECTED. az Escrow Agent Information: Name: “TBD at Address. Phone: E-mail: Fax tb} Additional deposit to be delivered to Escrow Agent within {if feff blank. then 10) days after Effective Date......... oe ee leatltalet (All deposits paid or agreed io be paid, are collectively referred to as the "Deposit" wo (c) Financing: Express as a dollar amount or percentage ("Loan Amount’) see Paragraph 8.......0. — {d) Other: eectanencnneees (e) Balance to close (not including Buyer's closing costs, prepaids and pro‘ations} by wire a transfer or other COLLECTED funds... 8137, Bo a2 NOTE: For the definition of “COLLECTION or J “COLLECTED” see » STANDARD | s. aa 3. TIME FOR ACCEPTANCE OF OFFER AND COUNTER-OFFERS; EFFECTIVE DATE: aes fa) ff not signed by y Buyer and Seller. and an executed copy delivercd io ali parties on or beicre cy this offer shall be deemed withdrawn and the Deposit if any. shall be returned te 46 Buyer, Uniess otherwise stale, time for acceptance of any counter-offers shell be withn 2 lays alter the day we “7 counter-offer is delivered. “8 (0) The effective date of this Contract shail be the date when the fast one of the Buyer ano Selle: nas signed or invialed 40 and delivered this offer or final counter-offer (“Effective Date"). 99 «= A. “CLOSING DATE: Unless modified by athe: provisions of this Contract, the closing of this transaction shall occur and a, the clgsing gocuments required jo be furnished by each party pursuant to this Contract shall se delivered (“Closing”) or 52° 30 d; 2 (Closing Date’), at the time established by the Closing Agent. ss ENSION OF CLOSING DATE: 54 {2) Hf Closing funds from Buyer's lender(s) are nat available at time of Closing due to Truth In Lending Act {TILA} notice requirenients, Closing shall be extended fo: such period necessary to satisfy TILA nctice requirements, not !o 38 exceed ? days. Buyers inttiats £2 Pace 1 of 14 Salier's trinats i Was FlorideReakarsiFlordsBarASIS-2 Rev.6/13 @ 2013 Florida Realtors*and The Florida Bae. Al: nghts reserved, Sensie, OF3980-3001I9-91613089 (b) I extreme weather or other condition or event constituling “Force Majeure’ (see STANDARD Gi co: 58 disruption of utilities or other services essential for Closing or {ili Hazard, Wind, Flood or Homeowners’ ingurance 58 to become unavailable prior to Closing, Closing shail be extended a reasonable time up to 3 days after restoration cd of utilities and other services essential to Closing and availability of spplicable Hazard, Wind. Flood or Homeowners’ insurance. If restoration of such utilities or services and availability of «nsurance has not ocurred within (if left blank, then 14) days after Closing Date. then either parly may terminate Us Contract by delivering written notice to the other partly, and Buyer shall be refunded the Daposi, inerahy releasi er and Seiler from ali further obligations under this Contract. 6. OCCUPANCY AND POSSESSION; (a) Unless the box in Paragraph 6{b} is checked, Seller shail, at Closing, Celiver occupancy anit pessessier of the Property to Buyer free of tenants, occupants and future tenancies. Also, at Closing, eS all personal tents and trash from the Property and shail deliver all keys, gacage docr openers access devicas and codes, 3s applicable, to Buyer. If cecupancy is to be delivered cetore: Closing, Buye: asst Property from date of occupancy, shall be responsible and hable fer maintenance from deemed to have accepted the Property in its existing condition as of time of taking secupancy, tb) [] CHECK IF PROPERTY IS SUBJECT TO LEASE(S} OR OCCUPANCY AFTER CLOSING. it Property 1 subject to a lease(s) after Closing or is intended to be rented or occupied by third parties beyond Closing, the fa: and terms thereof shall be disclosed in wail ng by Seller to Buyer and copies of the written Jeaseis) st be delivered to Buyer, all within 5 days after Effective Date. If Buyer determines, in Buyer's sole discretion. that the lease(s) or terms of occupancy are not ecceptable to Buyer, Buyer may written notice of such election to Seller within 5 days after receipt of the above ilems from £ refunded the Depesit thereby releasing Buyer and Seller from all further obligations under this Contract Estoppei Letter(s} and Seller's affidavit shall be provided pursuant ts STANDARD D. If Pronerty is intended to be oecunt by Seller after Closing, see Rider U. POST-CLOSING OCCUPANCY BY SELLER 7, ASSIGNABILITY: (CHECK ONE): Buyer (2 may assign and thereby be released from any forther hatuity « Contract: [ may assign but not be reieased from liability under this Cantract: or fal’may not assign th: 33 FINANCING st 8. FINANCING: a8 ‘) Buyer will pay cash ar may obtain a loan for the purchase of ne Property. There is no financing contingency to a ~uyer's obligation to clase . Br “i (b) This Contract is contingent upon Buyer obtaining 3 written loan commitment for a C} conventional [7 FHA 2 VA 38 or (other (describe) loan on the following terms within __~ ff fet blank, tr Q} days after ae Effective Date (‘Loan Commitment Date") for (CHECK ONE): {1} fixed, [J adjustable. ©) fixed stable rate oan in ane the Loan Amount (See Paragraph 2(c}}, at an initial mterest rate nol to exceed % (elt bank then prevating ar rale based upon Buyer's creditworthiness), and for a term of a ii left blank. then 30) years ( ae Buyer shall make mortgage loan application for the Financing within (left blank, then 4) days a Date and use good faith and diligent effort to obtain a written loan commitment far the Financing (Loa: and thereafter to close this Contract, Buyer shall keep Seller and Broker fully informed about the status of mor loan application and Loan Commitment and authorizes Buyers morigage broker and Buyer's lender to discto: status ang progress to Seller and Broker. Upon Buyer's receipt of Loan Commitment, Buyer shall provide written notice of same to Sailer, if Buyer does not we receive Loan Commitment by Loan Commitment Date, thon thereafter elmer party may car +05 eartier of: 108 (.) Buyer's delivery of written notice to Seller that Buyer has either received Loan Commitment or giected to 109 waive the financing contingency of this Contract: cr 103 (i) 7 days prior to Closing Date. 194 It either party timely cancels this Contract pursuani to this Paragraoh & and Buyer is nat in default under 105 this Contract, Buyer shall be refunded the Deposit thereby releasing Buyer and Seller from all fusther ov! this Contract. if neither party has timely canceled this Contract pursuant te this Paragraph & th Ss finsricng 107 contingency shail be deemed waived by Buyer. 108 If Buyer delivers written notice of receipt of Loan Commitment to Seller and this Contract does not Ihereattee clase. the 108 Deposit shall be paid to Seller unless fallure to close 1s due to {1} Seller's detautt; (2) Property related conditions of the 110 Loan Commitment have not been met (except when such conditions are waived by other provisions of this Contract (3) Mt appraisal of the Property obtained by Buyer's lender is irsufficient 10 meet terms cf the Loan Commitment, of (4) the 12 loan is not funded Gue to financial failure of Buyer's lender, in wétich event(s) the Deposit snali be returned to Buyer 143 thereby releasing Buyer and Seller from all further obligations under this Contract, Buyer's Intials LL Page 20814 Satter’s Initints LE a = FloridaReakorsiFlondaBarASIS-2 Rev 2/13 @ 2012 Florida Realtors’ ang The Flerida Bee, All sights reserved, wrote: Loan #: 0027190925 & 0028648939 Please provide the following in order to proceed with the file review: 1. Addendum #1 (changing the purchase price) a. _ Incorrect zip code on the property address. 2. Listing Agreement Addendum b. Need an addendum correcting the commission on the listing to be 5% instead of 6% (equals to $8,000 instead of $9 600). This should just about cover the amount we need in order to get the offer approved using the current appraisal value. 3. HUDI c. Need an updated HUDI reflecting the 5% commission. d. Should also include the $10,000 Relocation Incentive in the 500 series. Roxanne SaldivarLoan Adjustor Wells Fargo Home Mortgage Default Servicing - Default Decisioning Wells Fargo | 4101 Wiseman Blvd. | San Antonio, TX 78251 MAC T74}9-025 Tel: 210-856-2096 | Fax: 1-877-319-9891 roxanne.saldivar@wellsfargo.com This transmission may contain information that is confidential and/or proprietary. If you are not the individual or entity to which itis addressed, note that any review, disclosure, copying, retransmission, or other use is strictly prohibited. If you received this transmission in error, please notify the sender immediately and delete the material from your system, ‘This transmission is for informational purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument or as an official confirmation of any transaction. Any information regarding specific investments or other products is not warranted for completeness or accuracy and is subject to change without notice, It is our mission to provide excellent customer service. Please contact my Manager directly if I have not met your servicing expectations at randall, meilwain@wellsfargo.com From: Saldivar, Roxanne Sent: Monday, June 15, 2015 3:25 PM To: Myrna Contreras (supremetss@yahoo.com) Ce: Questo, Paula Subject: MARK P IANNATTO Loan #: 0027190925 & 0028648939 Hello Ms. MacLean, The below correspondence is for this particular loan ONLY. The guidelines outlined below are specific to this loan and should not be interpreted for all Wells Fargo Home Mortgage loans.lam the negotiator for the first lien on the above referenced property, and I have reviewed the offer received from RYAN ALLEN in the amount of $140,000. At this time, the offer received does not provide sufficient net proceeds to be able to accept the short sale offer. If you obtain a counter offer in the amount of $183,095.32, please submit an executed addendum and HUD-1 reflecting the increased offer to continue the review. Any short sale offer may require Investor or Mortgage Insurer approval. In order to move forward with the short sale process the following items need to be received by Wells Fargo Home Mortgage by 7/4/15 to continue with the review. Additionally, please provide the following documents/corrections: . Short Sale Addendum “G” (blank copy attached) << File: Florida Rider G - SSA pdf >> * Proof of funds covering the increased purchase price. *ALL PROOF OF FUNDS MUST BE DATED WITHIN 30 DAYS AND SHOW THE BUYER’S NAME* *** Keep in mind that this is only a counter. If the buyer cannot meet the net being requested, please submit their best and final offer so that it may be evaluated. *** Please be advised additional clarifying information or documents may be required to make a final decision. You can either email the requested material to me via reply email or fax to 1-877-319- 9891 Negotiations are not complete until you have received a Short Sale Approval letter from us.Please reply to me via email if you have any questions or call me during normal business hours. Roxanne Saldivar Loan Adjustor Wells Fargo Home Mortgage Default Servicing - Default Decisioning Wells Fargo | 410! Wiseman Blvd. | San Antonio, TX 78251 MAC T7419-025 Tel: 210-856-2096 | Fax: 1-877-319-9891 roxanne saldivar@wellsfargo.com This transmission may contain information that is confidential and/or proprietary. If you are not the individual or entity to which itis addressed, note that any review, disclosure, copying, retransmission, or other use is sirictly prohibited. If you received this transmission in error, please notify the sender immediately and delete the material from your system. This transmission is for informational purposes only and is not intended as an offer or solicitation for the purchase or sale of any financial instrument or as an official confirmation of any transaction. Any information regarding specific investments or other praducts is not warranted for completeness or accuracy and is subject to change without notice. Itis our mission to provide excellent customer service. Please contact my Manager directly if f have not met your servicing expectations at randal) meilwain@wellsfareo.com