Hafa Short Sale and Seller Relocation Costs

I am currently working on a short sale that has 2 loans and a homeowner association lien on it.  The second loan is that of a credit union equity line.

The first loan was approved by the lender, and in this approval the seller is receiving $3000 towards relocation costs when the sale is finalized; in California we say when it closes escrow. So, I then proceed to get approval of this sale from both 2nd and third lien holders.

Unfortunately both 1st  land 2nd liens or lenders have to approve and agree on the terms and the dollar amounts. In this case, the credit union is not allowing the seller to receive any funds at all. If they do not agree, this property will go to foreclosure, and the second loan will receive NO MONEY at all. Neither will the HOA.

I take my work very seriously and I am very honest with all involved – my seller, the buyer, other agents, all lenders. We need to prevent another property from becoming distressed, run down condition, vandalized.  By offering the sellers financial aid in selling, they are maintaining the homes until the buyer takes possession. This particular home is being very well maintained by the seller and due to the regulations or rules of this credit union, it will go to foreclosure.

I think that is a pity.

Again, that is just MY opinion! What do you think?

SHORT SALES and The New HAFA Program April 5, 2010

Short sales have become more appealing to homeowners who are behind on their mortgage and are looking to get out without going into foreclosure. But the time it takes to process these type of sales, the sales have been thought of as long rather than short. A new federal program goes into effect APRIL 5, 2010 and will provide more guidelines to allow the stressed homeowners to enter into a short sale and more quickly get on their way to a more affordable living arrangement.

 It is called The Home Affordable Foreclosure Alternatives program which  will provide certain incentives to lenders, and to home owners who chose to do a short sale, rather than wait until the bank takes the property.

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How to Qualify for HAFA


QUALIFYING FOR HAFA: Homeowners eligible under HAMP must be considered for the HAFA program before the loan goes into foreclosure if the homeowner:

Does not qualify for a Trial Period Plan. HAMP requires homeowners enter a Trial Period Plan for their modified mortgage before getting a modification.

Homeowner is delinquent on a HAMP modification by missing at least two consecutive payments.

Under HAMP, borrower requests a short sale or deed in lieu.

Short sale process under HAFA:

Before a homeowner can be approved for a HAFA short sale, the lender must provide a listing price or a minimum amount it will accept for the sale.

A fixed termination date at least 120 days from the date the short sale agreement is given to the homeowner. The servicer may extend the agreement up to 12 months if agreed to by the homeowner.

Property must be listed with a licensed real estate professional who is regularly doing business in the community.

The servicer must determine the amount of closing costs and other expenses they will allow to be deducted from the gross sale proceeds. This must be a dollar amount, percentage of the list price or a list by category of reasonable costs.

The amount of the real estate agent’s commission must be determined and cannot exceed 6 percent of the contract sales price.

The homeowner will need to give a statement allowing the services to communicate the homeowner’s personal financial information to other parties as necessary to complete the transaction.

Cancellation and contingency clauses must be included in the listing notifying potential home buyers that the sale is subject to approval by the servicer and/or third parties.

The home buyer may not sell the property within 90 days of closing.

After the sale is completed, the homeowner is released from all liability for repayment of their first mortgage debt.

After the sale, the homeowner can receive up to $3,000 for moving costs.

The homeowner must be informed of income tax consequences and a possible hit to their credit score.

New HAFA Program: Borrowers Get Help In Selling Homes!

Great News for homeowners who have a mortgage and need the banks to cooperate with them in doing a short sale.

As of April 5, 2010, the government is doubling the incentives for banks to cooperate in short sales; they are now going to receive $3000 to bank participants on the first loan, and up to $6000 on the second loan.

They are also going to double the incentive to borrowers / sellers participating in short sales to assist in relocating.

* NOT every Short Sale will be a HAFA Guidelines Short Sale. Remember, these are guidelines not laws.

* A borrower does NOT have to go through the HAMP Loan Mod process to qualify for a HAFA Short Sale. In other words, they can simply request a Short Sale (or Deed in lieu of foreclosure) which means giving the house back to the bank.

* Virtually ever lender is participating.

* There will be standardized, uniform forms.

* Lender will tell the real estate broker/ agent the NET dollar amount they need upfront.

* Borrowers MUST list with an agent. No For Sale By Owner doing a HAFA short sale.

* Lenders have 10 days to approve/ accept or request and extension to all offers.
* If the lender (servicer) doesn’t accept your Short Sale offer they have to tell you IN WRITING why.

* Fannie and Freddie HAFA Guidelines are coming soon.

Short Sale Glossary Terms

 SHORT SALE: A homeowner can enter into a short sale when they owe more on their mortgage than the home is currently worth.

In a short sale, the servicer allows the homeowner to list and sell the mortgaged property with the understanding that the net proceeds from the sale may be less than the total amount due on the first mortgage.

DEED-IN-LIEU OF FORECLOSURE: With a deed-in-lieu, the borrower voluntarily transfers ownership of the property to the servicer.

SERVICER: A mortgage servicer is responsible for collecting monthly loan payments as well as escrow accounts.

DELINQUENT: A homeowner is delinquent on their loan when they fail to make payments.

DEFAULT: A homeowner can default when they are unable to pay their debt.

FORECLOSURE: A foreclosure occurs when the homeowner’s right to the property is terminated. A home can be foreclosed upon when the homeowner defaults on their mortgage payments.