Creditor approval
The lender and other lienholders must approve the price, contract terms and closing figures, accept reduced payoffs and agree to release the affected liens.
Addendum G makes the transaction contingent on the seller’s lender and other lienholders approving a reduced payoff, releasing their liens and accepting the terms needed to close.
Estimate the application target, approval deadline, automatic expiration date and approval-based closing date. Use the exact negotiated numbers from the signed rider.
This planner adds calendar days and does not decide whether Paragraph 18 moves a date that lands on a weekend or national legal public holiday. Extensions, amendments, valid delivery and the completed rider control.
A short sale occurs when the available proceeds will not fully pay the debt secured by the property. The seller can accept the buyer’s offer, but the seller’s lender and any other affected lienholder must still agree to the reduced payoff and release the liens needed for closing.
The rider also addresses the seller’s application process, status updates, approval and expiration deadlines, when most contract periods begin, the closing date and whether the seller may accept a back-up contract.
The written approval, the rider’s dates and the parties’ performance all matter.
The lender and other lienholders must approve the price, contract terms and closing figures, accept reduced payoffs and agree to release the affected liens.
An approval that does not fully release deficiency claims—or adds obligations affecting a party—requires careful written review and acceptance by the affected party.
The seller must timely obtain and complete the lender’s short-sale forms, then promptly supply additional documents the lender requests.
The current rider calls for an accepted approval copy to be delivered to the buyer and closing agent within three days after the seller receives it.
The initial deposit and approval deadline run from the Effective Date; most other contract periods begin when the buyer receives Short Sale Approval.
The lender is not a party to the contract and is not obligated to consider, approve or complete the proposed short sale.
If accepted Short Sale Approval has not been delivered by the negotiated deadline—90 days from the Effective Date when the blank is left empty—the current rider allows either party to terminate by written notice.
The contract does not automatically end at that first deadline. Automatic termination occurs 30 days after the approval deadline, including extensions, if the approval still has not been delivered.
Until a party properly terminates or automatic expiration occurs, the contract may remain in effect. Confirm every date and delivery method from the signed contract, amendments and Paragraph 18.
Closing the property sale does not necessarily resolve every obligation of the seller.
The approval must permit reduced payoff and provide the satisfaction or release needed to remove the mortgage or other lien from the property. This is what allows the transaction to convey the contemplated title.
A lender’s agreement to release its lien is not automatically the same as a written waiver of a deficiency claim against the seller. The approval letter must be reviewed for any remaining personal liability, contribution, note or other condition.
Every figure, deadline and added condition deserves review before either party spends more money or assumes the sale will close.
“Once the lender is reviewing the short sale, foreclosure stops.”
Federal mortgage-servicing rules can restrict certain foreclosure steps when a complete loss-mitigation application is submitted early enough, but protection depends on the application’s completeness, timing and the servicer’s status under those rules.
Addendum G also expressly addresses the possibility of a foreclosure sale. If the property is sold at foreclosure before Short Sale Approval and closing, the contract terminates and the buyer’s deposit is returned under the rider. The parties should verify foreclosure status rather than assume lender review has frozen it.