From: FHARAP@wellsfargo.com [mailto:FHARAP@wellsfargo.com]
Sent: Tuesday, June 14, 2011 9:06 PM
Subject: FW: Cash for Keys Program
***This email does not constitute a binding cash for keys agreement. The information provided in this email is for reference only. ***
a. We will offer you $1,000.00 to vacate the property in 30 days. This is reportable income.
b. The property must be in broom swept condition free of all exterior and interior debris, as well as free and clear of any damages such as Fire, Flood, Earthquake, Tornado, Hurricane and Boiler Explosion.
c. All built-in appliances and fixtures must be left in the property, as well as any landscape. Lawn must be mowed.
This offer is valid until 6/22/11. If offer is not accepted by that time, the offer will no longer be available and eviction will proceed as and when appropriate.
Please reply to this email if you have any questions, or if you are interested in accepting this offer.
Hopes that helps someone else.
Foreclosures in this state are governed by NC law and certain procedures must be followed by mortgage lenders in order to "take back" your property. About 30 days after your initial missed payment, you should have gotten a demand letter from the bank. At least 30 days later, you should have received a "Notice of Intent to Foreclose & Notice of Hearing" from Mecklneburg County District Court. This is the point, under NC law, in which you were officially in foreclosure and now named by Wells in a lawsuit against you. Also you should have received a Notice of the Date of Sale, the date that the Court would sell your property on the Courthouse steps. Unforetunately, even though you (or any borrower in default,for that matter) were working with the bank to modify your loan, the Bank foreclosure lawsuit against you keeps moving forward simutaniuosly.
Shawn, only an attorney can give you advice and/or make recommendations to you regarding your particular foreclosure/lawsuit once the "Notice of Intent" is filed. If you feel that you were not noticed properly about the foreclosure or feel that you were treated unlawfully, contact an attorney immediately!Real estate agents cannot give you any legal advice whatsoever.
You can check with the Count ytax office to see if you are still listed as the owner of record of the property. If your house has been sold and you were noticed properly and treated lawfully, do reach out to Wells. The Cash for Keys program will give you some funds to relocate and 30 days to do so. If you ignore the Bank, a Sheriff will appear at your door to evict you & lock you out. They may or may not give you a couple of hours to get all of your belongings. I encourage you to be proactive and not wait until the Sheriff shows! You will feel a lot better about yourself in the end. Best of luck to you in the future. Kathleen Turner
"One (1) copy is for your records. The Relocation Agreement needs to be signed and faxed by end of day 6/20/11. A W9 form also needs to be completed and returned with the agreement as this is reportable income. My fax number is (855) 875-5459. Your move-out inspection is set for 7/15/11 at 3:00 pm. ***only one person needs to sign the W9 form****Please contact us with any questions 1-877-337-4403. You must show up for the inspection Thank You. Thanks"
I have a question about the verbiage though. It says
"1.Occupant(s) agrees not to harm the subject premises in any way or remove any fixtures, including, but not limited to, stoves, ranges, ovens, refrigerators, lights, sinks, blinds, appliances, landscape or permanent attachments from the subject premises. Occupant(s) shall be personally liable for any damage caused by them to the subject premises."
I am not about to leave my refridgerator. It did not come with the house. I bought it brand new 8 years ago it it still runs great. It is not built in either. I can understand about the build in oven and the counter top stove, and even the built in mircwave that I put in. What do you guys think?
You can see the full agreement in Word and PDF on http://ge.tt/90afYD5
DAVID COOPER Foreclosure and Bank REO's Specialist-Las Vegas.35 years experience For freee list
Call +1-7024997037 or check website
The best way to verify the foreclosure is to call the Substitute Trustee who's contact info should be on the bottom of the notices that they've been sending to you BUT it does sound like foreclosure has occurred. Cash For Keys amounts are almost always negotiable so you can probably negotiate the initial amount offered.
Best of luck!
Unfortuantely everyone here is right in what they are telling you. Your home went to foreclosure and Wells Fargo is offering you a monetary amount of money to ensure you leave the home in good condition. For them it is cheaper than running the risk of you damaging your home out of spite to the bank.
At this point you need to look for a place to move to and I would take the money to help offset your moving expenses.