I just recently had an FHA Short Sale denied 8 months after we were given the ATP letter from Bank Of America. We had them an offer 2 weeks after we received the letter netting them $8,000 more than they wanted. BOA kept telling us "the File was reassigned" for months and then 8 months later they declined the short sale and told us that HUD is just going to foreclose. I was told by someone that I should open up a ticket with HUD. Does anyone else have an opinion on how I should handle this.
Thanks In Advance
Daniel, call the HUD hotline at 800-225-5342. FHA/BofA is the WORST. Sounds like your ATP expired. Call HUD and get the real story, they are really nice people, unlike you know who.
I want to thank you for this post and the phone number for HUD. I had a short sale denied this morning because the purchase price was too low. FHA appraiser used superior comps. I followed your instructions and before I got to the consumer relations specialist I got an email from the negotiator that a 2nd appraisal had been ordered and no more talk of the only option was deed in lieu. Thank you again for saving a short sale I've been working on for exactly one year!
Escalate at Bank Of America and open up a ticket at HUD. BoFA Pre Foreclosure Sales are a pain in the behind. We regularly have to use our high level FHA escalation contacts at BoFA and open cases at HUD to get results.
Would you like to share your BOA escalations contact? I'm working one right now that has taken a year. Appraisal and varience request extended, etc. Help!
You will also need to have BOA send a variance request to HUD to extend the ATP and seller incentive as the delays were all on BOA's end. I just had our case manager assigned at HUD threaten to assess Treble Damages to BOA due to their delays on the file. Escalating through HUD works!
Were you in constant contact with them? Have they filed for a notice of election and demand, or do you have a sale date already? Has the buyer walked? If you don't have a sale date, and the seller is up for it, put it back on the market, get another offer and resubmit the short sale.
Sometimes you can get it escalated past the negotiator who was handling the file, but you have to be very persistent with the short sale customer service rep on the phone.
I've tried opening a ticket with HUD a couple of times, and they just bounced me back to Bank of America.
You need to call HUD directly. HUD will tell you that BoA is the worst at saying one thing and doing another. I had an offer to them within 1 week of the ATP and they dawdled and the home was scheduled foreclosure. The morning of the sale I still had ZERO from BoA so I started googling HUD contacts and called, emailed and texted every number if found. The home was taken back at sale BUT HUD recinded the sale and made BoA move forward with the short sale. I think HUD is sick of the shenanigans at that bank, too. Of course, they're still playing the same ol' game. I've had an offer to them for 2 months with no response in spite of calls/emails. It nets what you require so stamp it and let's get it closed. Beyond frustrating.
I have had excellent results escalating to FHA, also. Call immediately. They are VERY responsive.
I just today had an FHA Pre-Foreclosure Sale denied (CHASE wrote the Sellers to tell the homeowners, but I'm still working with a negotiator at CHASE and haven't hear ONE WORD about the FHA ATP being rescinded!) after getting the ATP in April. The Buyer couldn't get financing, so I found a new buyer with IDENTICAL NET, and now CHASE is making us start the short sale all over again AND the house was withdrawn from foreclosure. I have the impression it's just CHASE's way of getting more insured payments before they move it forward. It's so ridiculous!
Yes, call HUD and open a ticket, however I was told by HUD it is a 7 - 10 business day turnaround time for B of A to respond to HUD. I have an open ticket with HUD and it's now been 11 business days with no response, so I went to Twitter. I suggest going to @BofA_Help and send a Twitter message to B of A's social media team. They will respond and their job is to follow an issue through to a resolution.
A couple of things - When you call HUD and they xfer you to talk to someone, that is someone employed at BofA. Often a useless call. Seriously, at least 2 of them in the last 6 months said that they can't help because they are not in short sales. Yes, really. Another call to HUD to complain will get you on track to someone who at least cares a little bit. Secondly, I have often had decent response by calling in to the SS rep number and hitting 5 instead of 1 to get to escalations. If you listen to all the prompts, you'll hear it. These people take you seriously and actually listen to your story and often go beyond to do things that they are not supposed to do to get you straightened out. (Oh, and I seem to have better luck with putting info in the email with the authorization to HUD - they read these. Then instead of me calling in, they have an analyst call me - better results.)
The first call to HUD will escalate to Bank of Americas HUD Escalations Dept. The following complaint (if not resolved) will be escalated to HUDs internal Escalations Dept.
Call HUD directly and have your documentation ready. Ask them for a WAIVER and get that thing closed.