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Short Sales- HAFA Guidelines and The TEN Day Dream Short Sale

By
Real Estate Agent with The Gasset Group & Get It Done For Me Virtual Services 13253167-SA00

Short Sales- HAFA explained- this is the third part in our series on analyzing the HAFA guidelines. 

Today I started getting links and calls from Real estate agents around the county and even two agents from Miami. They all were saying, this is great. Did you read the Sunsentinal today? They say that short sales are only going to take ten days now! Yeah! Right! What planet did they just fall off of to believe that is even remotely possible. Oh, but this is what the government is forcing the banks to do. Yeah! Right! Again! NOT! 

This ten day approval time is being taken out of context. I am sure that many in the media are quoting this statement without preface to get readership and get folks excited and then read their paper more. I left a comment- Did you read the 43 pages of the HAFA guidelines?

Why are you giving false hope to homeowners who are in a short sale situation or will need to go into the short sale situation soon? 

Please read the series I am writing in regards to HAFA. 

Here is the first post: The Truth about HAFA Part I

Here is the second post: Defining HAFA Part II

Know Your Facts About HAFA Before You Blog it. 

In this post I want to clear up the rumor that lenders are going to have to approve short sales within ten days. This needs to have a qualifying statement. 

The ten day time frame is AFTER a lot of other things have transpired up to that point. 

On page 8 of the HAFA Guidelines it states: 

'Approval or Disapproval of Sale- Within ten business days of receipt of the RASS and all the required attachments, the servicer must indicate its approval or disapproval of the proposed sale by signing the appropriate section of the RASS and mailing it to the borrower." 

So this does not mean that from the time of the offer to the time of the acceptance or rejection has to be ten days. It means from the point in time that everything is done on the file, the package is in, the BPO is done, the borrower is qualified for the HAFA program, the offer is turned in and the HUD meets the net the servicer is looking for. 

That is obviously not a ten day closing or a ten day short sale. Let's just use some common sense. If you ever have done a short sale with Bank of America you know that most of the time it takes months to do a short sale. There is no way they can implement a system in which you go from start to finish in ten days. Remember, the investor still has to approve most files. Just ordering, receiving and analyzing a rush BPO takes a week. 

When something sounds too good to be true, it probably is. 

The next part of the problem is that these guidelines are for non GSEs. Freddie mac and Fannie mae are not going to use these guidelines. They are special (or so they think they are) and will come up with their own guidelines. The problem with that is 8 out of every ten short sales we do- are GSE mortgage backed securities. Those short sales don't qualify for the HAFA program. That is over 60% of all the mortgages in this country. 

In order to be considered for the HAFA program: 

 

  • The home must be the principle residence of the homeowner.
  • The first mortgage must have taken out on or before January 1, 2009. 
  • The mortgage is delinquent of will be in the foreseeable future- showing impending delinquency. 
  • The unpaid balance owed on the first mortgage can not be more than $729,750. 
  • The monthly mortgage payment has to be more than 31 percent of the homeowner's gross income. 

 

While it remains to be seen if these new HAFA guidelines will create any shortening of the time that it takes to get short sales from contract to closing it is more important for agents to understand the short sale process itself. 

Also, if you do not qualify for this HAFA program- you may still be able to do a short sale. We will just go through different channels. 

Agents need to get educated in short sales if they are to do them. This is a great niche for those agents who have tough skin and are patient and understanding. If you are good with your communication skills and shine with your negotiation skills; then short sales may just become your best niche ever. 

 

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Copyright © 2010 By Katerina Gasset, All Rights Reserved.*Short Sales- HAFA Guidelines and The TEN Day Dream Short Sale* 

 

 

 

 

 

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In real estate we service Utah County, Salt Lake County, Wasatch County, Tooele County. This includes many towns and cities. Some of which are: Provo, Orem, Salt Lake City, Draper, Springville, Spanish Fork, Payson, Lehi, American Fork, Vineyard, Saratoga Springs, Eagle Mountain, Pleasant Grove, and more. 

Katerina Gasset is a real estate agent who is also a digital marketing strategist, website designer and consultant for real estate brokerages, agents, entrepreneurs and small business owners. She is also the owner of Get It Done For Me Virtual Services. 

Katerina is a Certified AI Marketing Specialist. She can help you with ChatGPT, Content at Scale, Neuronwriter, prompting, and many other AI tools. 

She develops products and online courses to empower real estate agents to reach their marketing, SEO, social media and branding goals. Katerina Gasset is a blogger, author, podcaster, and keynote speaker.  

Text Katerina with your name + number to work with her:

 561-502-1577 

 

 

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Comments(79)

E. D. Sanchez
Tucson, AZ

I just wanted to say thanks. This was a good read. There is a lot of confusion in the market today regarding short sales. I deal with many agents, that are familiar but aren't experienced. People hear things about shorts and run with them, as you know it is all the buzz these days. The guidelines will help but as you said it will not apply to most of the mortgages. Short Sale education is key to success in today's market. We work with agents and handle all the negotiations. Besides paying full commissions, many times we can also provide a new buyer. If you have a short sale property above $500K, please contact me for an immediate contract.


Thanks Again!!

 

Jan 14, 2010 11:38 AM
Lisa Broadwater
Cascade Sotheby's International Realty - Sisters, OR
GRI, CDPE - Bend, Sisters, Tumalo, Redmond

Great series -- I appreciate all the work you've done to interpret the mammoth HAFA guidelines for us all. No telling how many agents you're educating who otherwise would know nothing about HAFA. But for all those slamming the media as a whole, I humbly suggest we might foucs our energy on getting our own house in order. How can we expect someone outside the industry to accurately explain and interpret a process that the majority of the real estate industry doesn't understand themselves? Reporters are only as reliable as the sources they rely on -- and in most cases that's us!

Jan 14, 2010 12:29 PM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

Katerina, ditto what Lenn said and the newspapers should wonder why they have lost the public's trust - this is a prime example. Yellow journalism and inaccurate information, what a combination! Thanks for writing the series on HAFA - heck, I have a cash deal that can't even close within 10 days!

Jan 14, 2010 12:39 PM
Joy Carter & Jeff Booker Brother and Sister Team
Keller Williams Parkland/Coral Springs Realty-GreatFloridaHomes Team - Coral Springs, FL
Trust Your Family's Move To Our Expertise!

My clients read the Sun Sentinel too. I cannot THANK YOU enough for your post! I am re-blogging it and sending them to my website to reference it.

Up to tonight my response has been - "They do not have all of the facts. No way approvals will come in 10 days because there are too many things to be done and it is not possible to get all of them done in 10 days.

B U T B U T The newspaper said it is so, so it MUST BE TRUE!

NOT!

Again GREAT JOB on the post! Joy

Jan 14, 2010 12:40 PM
Celeste Chism - Serving You in Crossville, Fairfield Glade, Lake Tansi & Cumberland Cove
Legacy Realty - Crossville, TN
Serving You is My Top Priority

I am so glad we haven't had to dela with too many short sales here. Only one in our whole community that I know of and we had two offers on it and both buyers got tired of waiting on the bank and jumped ship. I sold one of them another house. Thanks for your post.

Jan 14, 2010 12:50 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Lisa- You are right and the agents that this reporter talked to did not even have the information correct although one of them did say he did not believe 10 days could be done. But he did not say that the ten days is not what the rumor says it is. I don't believe that the agents interviewed know the HAFA program either. Don't talk about something you don't know about without prefacing that you don't know. 

Jan 14, 2010 03:06 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Melissa- Not every servicer is required. The ones that participate in the HAMP program must offer the HAFA program should their HAMP be rejected. Sellers can also opt out of the HAMP and go right into HAFA. Of course, the biggies- Freddie and Fannie are not a part of HAFA, which is most loans. The investors must also approve the participation. Seconds do not have to play the game either. This is just such a tiny drop in the bucket as far as who is going to be qualified for the program. We will see how it plays out. 

Jan 14, 2010 03:09 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Tracey- That is one of my biggest concerns as well. On all of our short sales that we have closed, and that is many, the senior lien holders pay the taxes, a large portion of the HOA bill and all the closing costs. By concern is too, how are these going to be approved if the borrower is supposed to pay all these off, that has always been the requirement for a DIL- so why worry about a short sale-- the bank will sell them on the DILs while you have it listed. I see so many conflict of interests in this also. 

I think it will be a big failure, sorry to say, just as HAMP is a big failure for Florida property owners. And I don't know any junior lien holder that is just going to take half of the 3K if there is a third lender. 

 

Jan 14, 2010 03:18 PM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Let me just say- this HAFA program really only applies to such a small segment of loans. In states like Michigan it may be a good program because the values never did go up a lot compared to places like Florida, CA, Nevada and AZ. 

If you do your math- 80 to 90% of all mortgage backed securities are now or will be by the end of this year, owned by Freddie Mac and Fannie Mae. SO that means that 80% of the short sales right off the bat are not HAFA qualified. 

SO let's say on the side of optimism- that leaves 20% of the mortgages that could be HAFA qualified. Out of those banks like Bank of New York Mellon and Deutsch Bank, Etrade and other smaller investors do not participate in HAMP and will not participate in HAFA. Deutsch Bank owns a lot of paper in CA. They like to foreclose. I think they want to own property in the U.S LOL. 

So that leaves about 10% of your market of mortgages that would fit into the HAFA program. Now do your math on how many foreclosures there were in 2009 and you will see this is nothing but a way to just try to get us all to shut up. it is like throwing a few crumbs our way. 

Jan 14, 2010 03:25 PM
Jenny Durling
L.A. Property Solutions - Los Angeles, CA
For Los Angeles real estate help 213-215-4758

HAFA,HAMP, Huh?  I think I need an acronym dictionary!

Jan 14, 2010 04:07 PM
Jim & Cathy Wood Greater Nashville Area Real Estate
Crye-Leike Realtors, Inc. - Mount Juliet, TN

I think they are going to be around for a while, short sales that is.

We need be able to deal with them , and your help is much appreciated

Jan 15, 2010 02:44 AM
Beverly Femia
BlueCoast Realty Corporation - Hampstead, NC
Broker Realtor Stager - Greater Wilmington, NC Are

I'm starting to ponder who might end up being the "last short sale" and when it will occur.

Jan 15, 2010 11:06 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Joy- Thanks for the reblog and spreading the truth about this. I know that responsible journaling is not popular but it should be. Too bad so many people believe things just because they are on the news. 

Jan 15, 2010 12:27 PM
Lyn Sims
Schaumburg, IL
Real Estate Broker Retired

Boy, wouldn't 10 days be great? So would a flying carpet, a genie in a bottle, etc. LOL. Good post as always on this subject.

Jan 15, 2010 01:29 PM
Suzanne McLaughlin
Sabinske & Associates, Inc. (Albertville, St. Michael) - Saint Michael, MN
Sabinske & Associates, Realtor

You always do such a wonderful job of really getting down to the nitty-gritty.  Thank you for the education!!! 

Jan 16, 2010 12:44 AM
Rosemary Brooks
BMC Real Estate - 209-910-3706 - Stockton, CA
The Mother & Daughter Realty Team

THis is an excellent catch and share.  The media will get on something and not let go until they destroy the true meaning and worth.  Glad you caught it and is sharing it.  I am going to re-blog this one to be sure more see it!

Jan 16, 2010 04:49 PM
Chris Mackey
www.SanDiegoHousingSolutions.com - San Diego, CA
San Diego Housing Solutions

Katerina - another WOW from you. Re-blogging it right now :-)

Jan 17, 2010 06:24 AM
Katerina Gasset
The Gasset Group & Get It Done For Me Virtual Services - Provo, UT
Amplify Your Real Estate & Life Dreams!

Thank you for all the reblogs! I really appreciate it alot. Pass this important information along to dispel all the rumors out there! 

Jan 17, 2010 11:09 AM
Gary Pike
Better Homes and Gardens Real Estate Metro Brokers - Powder Springs, GA

Great info.  I am about to read your previous posts on this subject.

Jan 18, 2010 12:36 AM
Beverly of Bev & Bob Meaux
Keller Williams Suburban Realty - West Orange, NJ
Where Buying & Selling Works

I always love reading your blogs on short sales. They are always informative and thorough. Thank you.

Jan 28, 2010 08:56 AM