Mike Linkenauger

HAFA Short Sale Program

Information

HAFA Short Sale Program

This is a group to discuss the HAFA (Home Affordable Foreclosure Alternatives) Program, which is to streamline the short sale process.

Members: 490
Latest Activity: 23 hours ago

How To Short Sale A Home


There seems to be ALOT of discussion on the site about the new HAFA short sale streamlining program that went into effect on April 5th. I figure at least we can try to keep some of the discussion together on here! The HAFA or Home Affordable Foreclosure Alternatives program is part of HAMP (Home Affordable Modification Program) and is an attempt to streamline the short sale process that went into effect April 5th 2010. Below we have also posted a general breakdown and information on the HAFA Short Sale Program Guidelines.

CLICK HERE for the complete version. Here is the "condensed" version we made up of the program, we now have a printable version of this breakdown along with a list of participating servicers and lenders on the preferred partners site!

***Program Update - Fannie Mae recently joined the HAFA program for short sales, follow this link for their specific docs and more information: https://www.efanniemae.com/sf/servicing/hafa/

 

12/18/10 Home Affordable Foreclosure Alternatives Policy Update- There were many new changes to the HAFA short sale program that just went into effect with this new supplement.  We will update all general HAFA program guidelines shortly for our agents.  There were some important improvements to the program -

1.) Verification of income is no longer required.  In other words, borrowers do NOT need to prove that their payment is greater than 31% of their income.  This is essentially a "stated income short sale"

2.) Property does not need to be occupied

3.) 2nd position lien holders WERE capped out to receive a maximum of $6,000 OR6% as a contribution from the 1st (whichever is less).  They now removed the "6%" from the guidelines completely.  (in other words, a $60K 2nd loan could NOW recieve up to $6,000 from 1st, where before the maximum allowed would have been $3,600).

 

Home Affordable Foreclosure Alternatives documents:

HAFA Short Sale Agreement (SSA)

HAFA Request for Approval of Short Sale (RASS)

HAFA Alternative Request for Approval of Short Sale

HAFA Deed in Lieu for Foreclosure Agreement

HAFA Data Dictionary

HAFA Form 4506-T Request for Transcript of Tax Return

HAFA Hardship Affidavit

HAFA Request for Modification and Affidavit (RMA)

 

Below is our basic breakdown of the HAFA short sale program.  For a complete HAFA training portal, including Fannie Mae and Freddie Mac HAFA guidelines as well as training on the HAP Military short sale program, see the CSSG Certified Short Sale Guide short sale training course.

 

This is copyrighted content.  Please DO NOT COPY or reuse this content in ANY way!

 

HAFA - Home Affordable Foreclosure Alternatives

  • HAFA (Home Affordable Foreclosure Alternatives) is not the law. It is a set of guidelines servicers can elect to follow.
  • Went into effect April 5, 2010.
  • Does not apply to FHA or VA loans.
  • Applies to 1stlien holders (non GSE mortgages).
    • Fannie Mae and Freddie Mac have their own set of guidelines listed below.
  • Offers incentives to borrowers, servicers and investors.
    • Borrowers receive $3,000 to help with relocation expenses.
    • Servicers receive $1,500 to cover administrative and processing costs.
    • Investors receive up to $2,000 for allowing a portion of the sale proceeds to be distributed to subordinate lien holders.
  • Limits the amount of time a lender is given to respond to the short sale offer.
  • Requires that the lender waive their right to pursue a deficiency judgment.
  • The servicer cannot charge the borrower for processing fees of any kind and is required to pay all out of pocket expenses.
  • Limits the claims made by subordinate lien holders.
  • Does NOT require that a borrower’s financial information is verified.
  • Subordinate lien holders will receive some form of payment.
  • Includes alternative deed-in-lieu programs.
  • The transaction must be considered at arm’s length.
  • The buyer may not resell the property for at least 90 days.
  • Expires on December 31, 2012.

In order to qualify:

  • The loan must be the first mortgage.
  • The loan must have originated before January 1, 2009.
  • The unpaid balance must be less than or equal to $729,750.
    • The amount may be exceeded in some cases for two- to four-unit dwellings.
  • The property must be, or recently was, the borrower’s primary residence.
  • The property must be listed with a licensed real estate professional.
    • The real estate commission cannot exceed 6%.
    • The servicer may not require that the real estate commission should be reduced as a condition of the sale. However, in disputes between 1st and 2nd position lien holders, an agent contribution may still be required.

Timeline:

  • Possible HAMP eligible borrowers must be considered by servicers for HAFA within 30 days of the date the borrower:
    • Cannot qualify for a trial loan modification.
    • Did not successfully complete the trial loan modification.
    • Missed two or more payments consecutively during the trial modification process.
    • Requested a short sale or deed-in-lieu of foreclosure.
  • The servicer issues two documents which can be sent proactively or at the request of the borrower.
    • Short Sale Agreement (SSA)
    • Request for Approval of Short Sale (RASS)

Approval

Within 10 business days of receiving the RASS and all required attachments, the servicer must approve or deny the request and inform the buyer. If the request is disapproved, a statement of reasoning must be given.

The first mortgage lien must be released in accordance with local or state laws or regulations. If there are none set in place, the lien should be released within 30 business days from the date the servicer receives payment and satisfies the mortgage.

 

Reasons for Cancellation:

  • Improvement in borrower’s financial situation.
  • Borrower or listing broker does not act in good faith in the listing, marketing, or closing aspect of the sale.
  • Any fraud or misrepresentation in the sale.
  • Substantial change in property’s condition or value.
  • Bankruptcy is filed by borrower.
  • Any litigation that happens (or is in danger of happening) that would affect the title, such as divorce or probate.

Please see the CSSG Online Training Designation for complete HAFA program trainingincluding Fannie Mae and Freddie Mac Guidelines, as well as training for the HAP military program.

 

Please do not copy or reuse this content in ANY way!  This is copyrighted content of First Coast Realty Associates and The Short Sale Specialist Network.


 

How To Short Sale A Home

 

What issues or concerns do you have with the HAFA government short sale program? Lets discuss ANYTHING to do with HAFA on here!

Discussion Forum

TJ

Why doesn't a FHA loan qualify for HAFA?

Started by TJ. Last reply by Connie Martin Jan 6. 6 Replies

I am in the process of working with Wells fargo to short sale my home. i want to get out immediately but they say I have to have my home on the market for 120 days. I wish I could do the HAFA but but…Continue

Tamilyn Simard

BofA HAFA and FNMA Investor

Started by Tamilyn Simard. Last reply by Kevin - Greenville, SC Dec 14, 2011. 7 Replies

I just found out on July 1st that FNMA is now making all of their servicers work their HAFA short sales and BofA had to pull my file from UTLS who has had the file since early April with an offer. I…Continue

Wendy Smith

HAFA & NO seller closing costs!

Started by Wendy Smith Nov 14, 2011. 0 Replies

hello everyone - need some help with this one please:I have a Fannie Mae loan serviced by Nationstarhardship is job relocationemployer offers the seller a relocation package that includes the…Continue

Jennie Blackburn, Realtor, CDPE,

OCWEN violating HAFA guidelines?

Started by Jennie Blackburn, Realtor, CDPE,. Last reply by Jennie Blackburn, Realtor, CDPE, Nov 9, 2011. 9 Replies

HAFA deal, Ocwen told us they would  not issue an approval letter until we took the borrower's $3,000 off the HUD.  When we protested, Ocwen said it was going to be applied to their net (HAFA regs…Continue

Sara Mehrpouyan Los Angeles CDPE

Short Sale Closing Extensions are NOT easy with Bank of America HAFA

Started by Sara Mehrpouyan Los Angeles CDPE. Last reply by Joe Beauchamp Oct 28, 2011. 1 Reply

I have a HAFA short sale in Los Angeles area with Bank of America through AMS Servicing. I asked the original negotiator for 45 day escrow but they said that they could only give me 30 days to close.…Continue

Tags: los, angeles, ams, servicing, sale

Julie Tinkey

BofA + AMS + HAFA SS with 6% cap to 2nd

Started by Julie Tinkey. Last reply by Aileen Potter Oct 28, 2011. 8 Replies

OK, I thought I had this HAFA stuff pretty well understood. New guidelines effective in Feb said no more 6% cap on the UPB to junior lein holders. I have one with United Guarantee as the 2nd and they…Continue

Becky Flowers

New HAFA directive effective August 9th -

Started by Becky Flowers. Last reply by Joe Beauchamp Sep 13, 2011. 7 Replies

Not sure if everyone has heard or read the new directive but here it is just in case;Changes For The Treasury Department’s HAFA Program17. Aug, 2011…Continue

Jennie Blackburn, Realtor, CDPE,

Met Life Blows Off Short Sale, Costs Investor Thousands, Devastates Homeowner

Started by Jennie Blackburn, Realtor, CDPE,. Last reply by Jennie Blackburn, Realtor, CDPE, Aug 19, 2011. 2 Replies

Here is my email to the Head Honcho at First Horizon.  See below for my original email to him in May 2011 and his (too late now) reply earlier this evening.Sent 8/11/2011:Sorry for the delay?…Continue

Tags: horizon, dave, scott, nationstar, first

Tracie Norman

My first post:-) Submitting offer below HAFA approved price - Aurora

Started by Tracie Norman. Last reply by Bryan L Dais Aug 11, 2011. 6 Replies

I currently have a HAFA approved short sale listing.  I've completed many traditional and FHA short sales, but this is my first HAFA deal.  I believe the approved price is far above the actual market…Continue

Rob E. Kirchner

The 2nd just declined us under HAFA, is the deal dead?

Started by Rob E. Kirchner. Last reply by Rob E. Kirchner Aug 3, 2011. 8 Replies

 The 2nd in a short sale transaction (US Bank) had made us a counter offer of $6,000 to which we accepted.  The 1st approved the deal with the 2nd getting $6k and issued a short sale approval…Continue

Comment Wall

Comment

You need to be a member of HAFA Short Sale Program to add comments!

Kevin - Greenville, SC Comment by Kevin - Greenville, SC on December 14, 2011 at 2:18pm

Hi Kevin,

 

Actually, we are still continuing to utilize vendors for files that do not have offers when they are solicited in shortsale.  For files that open in HAFA with an offer those will be handled by our internal team.

 

 

 

 

Thanks,

 

V. Poynter

Bank of America Home Loans

VP, Mortgage Servicing Unit Manager

Mike Linkenauger Comment by Mike Linkenauger on December 14, 2011 at 2:10pm

I just added MUCH more HAFA training information to our main consumer page on the HAFA short sale program - http://www.short-sale-specialists.com/sellers_page.shtml.  About halfway down the page an excellent program breakdown starts.  This was previously only available to our members or part of our training course.

Sharon Sapp Comment by Sharon Sapp on December 14, 2011 at 2:03pm

I'm doing a HAFA with Colonial Savings and I have to admit, it's the easiest short sale I've ever done. They were working with the home owner and gave them some paperwork that told them to contact a Realtor (I was already sort of working with them) and put the house in the market. They told me what their bottom line was and what it was appraised for. I had put the house on the market about a week before the appraisal and I was priced $5k higher than the appraisal so it was good. Got an offer the next week. One counter offer and the approval is in the works. Hopefully, the approval letter won't be as long as what some folks say here, but based on my experience with them so far, I say "Give me all your short sales!"

Mike Linkenauger Comment by Mike Linkenauger on December 14, 2011 at 1:35pm

What is your RECENT experiences with the HAFA program?  Has it become easier and more effective lately? 

Debbie Parkans, CDPE, CSSG, CRS Comment by Debbie Parkans, CDPE, CSSG, CRS on September 12, 2011 at 5:17pm
It is very interesting -all the different information.  I had to accellerate a BA HAFA to corporate -  I specifically asked her about the FNMA issue.  I was told that it was a rumor - BA was in the process of moving files out of some of the 3rd party vendors that were not doing a good job (Sure hope AMS is one of them) They were not pulling all of them back into BA because they don't have the staff to deal with it and due to the fact that HAFA is a temporary program, they weren't planning on hiring staff to cover it.  They only have 6 months contracts with the vendors and if we are having issues with a particular vendor, let them know.  Both the one I had the issues with the letters with and the one I accellerated were FNMA HAFA's - both were with UTLS and both closed with UTLS on Friday -neither was pulled.  So I don't know if your vendor was one they discontinued or not - Anyway, start with calling customer service, let them know your problem and ask them to accellerate it.  Don't keep messing with equator. If the file has been transferred to closing then no one may be monitoring it.   Have you gotten any kind of message from the closing dept?  I got my message from the closer as soon as I had the verbal approval but way before I got my first letter.  If so, try to get your closer to help.  If that doesn't work - accellerate it to corporate.  Also, I have not done this yet, but use the FNMA accelleration in our MLS system- It supposedly goes straight to FNMA
Tamilyn Simard Comment by Tamilyn Simard on September 12, 2011 at 4:42pm
Debie, I am dealing directly thru BofA as of July 1st FNMA no longer allows 3rd parties to do their HAFA Short Sales. Are you saying I have to get someone to get me this letter within BofA since they are the ones who did the file inhouse? I'm not sure who to go to, no one is responding to my emails through Equator.
Lonnie Workman Comment by Lonnie Workman on September 12, 2011 at 4:18pm

Thanks Dan.  We are in the process of getting the house ready for sale and don't plan to put it on the market for about 6 weeks.  I'm hoping we will have HAFA approval prior to going on the market.

 

Dan Hawkins CRS SFR CSSG CDPE Comment by Dan Hawkins CRS SFR CSSG CDPE on September 12, 2011 at 3:53pm
Yes, Make sure you get HAFA approval before you put on Market and get offer. Freddie Mac will not allow HAFA approval after an offer is submitted
Debbie Parkans, CDPE, CSSG, CRS Comment by Debbie Parkans, CDPE, CSSG, CRS on September 12, 2011 at 3:52pm
Just had the same thing happen with my BofA Hafa.  Also a FNMA.  Most of the investors allow the approval to be sent via Equator, but not FNMA for some reason.  Are you dealing direct with BA or through one of their negotiating companies.  I was dealing with UTLS.  Negotiator gave me verbal approval - her manager had to approve the approval- FNMA had to sign off on the approval - went to the department who actually issued the approval and it was sent out 2 day fed ex .  First Letter left off 2nd, 2nd letter had the amounts totally screwed up - 3rd letter was perfect but buyers appraisal came in $4,000 low -SO back to negotiator to approve again and ...............  Each letter had to go through the same process - took over a week each time.   If we knew the process up front, we could deal with it.  The way my negotiator made it sound the first time was that the written approval was being sent out right away  NOT
Tamilyn Simard Comment by Tamilyn Simard on September 12, 2011 at 3:33pm

Lonnie, good luck I am still working one with WF they are still trying to figure Equator out.

 

Members (490)

Steven Pawera Joe Beauchamp Sidney Kutchuk Mike Linkenauger Joy Baker Smitty Kevin - Greenville, SC Michael Schneider Debbie Parkans, CDPE, CSSG, CRS Leslie Zieminski Julie Vrigian CSSG, CSSP Jennie Blackburn, Realtor, CDPE, Terry L. Osburn, SFR Joseph C. Alfe Sara Mehrpouyan Los Angeles CDPE Ernie Dill Suzetta Crawford L. Marvin Bultena Mellissa Young-Ramirez Craig Lawler Andy Morris R. Ann Ellis-Hall Becky Flowers Rob E. Kirchner John E. Bonnett Amos Elroy Jessica Sulliman Alyssa D. Tsias Laurie L. Cobb TONDA HOAGLAND
 
 
 

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Discussion Forum

Tamilyn Simard

BofA HAFA and FNMA Investor

Started by Tamilyn Simard. Last reply by Kevin - Greenville, SC Dec 14, 2011. 7 Replies

Wendy Smith

HAFA & NO seller closing costs!

Started by Wendy Smith Nov 14, 2011. 0 Replies

Jennie Blackburn, Realtor, CDPE,

OCWEN violating HAFA guidelines?

Started by Jennie Blackburn, Realtor, CDPE,. Last reply by Jennie Blackburn, Realtor, CDPE, Nov 9, 2011. 9 Replies

Sara Mehrpouyan Los Angeles CDPE

Short Sale Closing Extensions are NOT easy with Bank of America HAFA

Started by Sara Mehrpouyan Los Angeles CDPE. Last reply by Joe Beauchamp Oct 28, 2011. 1 Reply

Julie Tinkey

BofA + AMS + HAFA SS with 6% cap to 2nd

Started by Julie Tinkey. Last reply by Aileen Potter Oct 28, 2011. 8 Replies

Becky Flowers

New HAFA directive effective August 9th -

Started by Becky Flowers. Last reply by Joe Beauchamp Sep 13, 2011. 7 Replies

Jennie Blackburn, Realtor, CDPE,

Met Life Blows Off Short Sale, Costs Investor Thousands, Devastates Homeowner

Started by Jennie Blackburn, Realtor, CDPE,. Last reply by Jennie Blackburn, Realtor, CDPE, Aug 19, 2011. 2 Replies

Rob E. Kirchner

The 2nd just declined us under HAFA, is the deal dead?

Started by Rob E. Kirchner. Last reply by Rob E. Kirchner Aug 3, 2011. 8 Replies

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