Notes From Indy Mack shortsalepackage.pdf

"Property Address                                                                                        Borrower Names                                                              "
"Pursuant to a residential purchase agreement (""Agreement"")  dated,                                         the parties identified below as"

"""Seller(s)"" and ""Buye r(s),""  respectively, are involved in a real estate transaction whereby the real property rete renced  above, ""Mortgaged Premises"" will be sold  by Seller(s)  to Buyer(s)."
"OneWest Bank, FSB (""Servicer'') services the  above  referenced loan  secured by a deed  of trust  or a mortgage to the"
"Mortgaged Premises. In order  to complete the sale  of the Mortgaged Premises, Seller(s) and Buyer(s)  have  jointly asked Servicer to discount the total  amount owed  on the loan.   Servicer, in consideration of the representations made  below by Seller(s), Buyer(s), and their  respective agents, has agreed  to review the short sale offer  on the  express condition that  Seller(s), Buyer(s), and their  respective agents  (including, without limitation, real estate  agents, escrow agents, and title  agents)  each truthfully represent, affirm, and state, under  penalty of perjury that:"
"1.   The purchase and sale transaction reflected in  the Agreement is an ""arm's length transaction"", meaning that the"
"transaction is between parties who  are independent of one another, and unrelated and unaffiliated by family, marriage or commercial enterprise, other  than  the purchase and sale of the Mortgage Premises between the Buyer(s) and the Seller(s) that  is the specific subject of the proposed short sale as disclosed to the Servicer."
"2.   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."
"3.   There  are no agreements, understandings or contracts between the parties that the Seller 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 Seller  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."
"4.   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."
"5.   Neither the Seller(s) nor the Buyer(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 the Investor and 
 reflected on the HUD-1""Settlement Statement."
"6.   No agent  of either  the Seller(s)  or the Buyer(s) shall  receive  any proceeds from  this  transaction except  as reflected in the""final  closing statement which shall  be provided to Service r for approval prior to the close  of escrow.   Except  as set forth in the preceding sentence, each agent  unconditionally releases  and forever discharges Seller(s), Buyer(s)  and Servicer from any and all existing or potential claims, demands, or damages, both  known and unknown, arising out of, connected with or incidental to compensation or other  amounts due to the agent, including, but  not  limited to commissions promised under"any Residential Listing Agreement,"
"7.    Neither the Buyer(s) and/or Seller(s)  nor  any parties related to or affiliated with the Buyer(s) and/or  Seller(s)  may  act as the""buying or listing/selling agent in the transaction."
"8.    Each signatory understands, agrees, and intends that  the Servicer and the Investor are relying upon the statements made""in this  Affidavit as consideration for the  reduction of the payoff amount of the  Mortgage and agreement to the sale of the""Mortgaged Premises."