Special offer

Some Folks Get Excited About Birthdays, Others Await April 5th

By
Real Estate Broker/Owner with Broadpoint Properties Cal BRE #01324959

Many people get so excited about birthdays. I never do. My twenty-first birthday came and went years ago and ever since then, a birthday is just another day for me. I pray that my family and my staff will not do anything for my birthday. It just makes me feel awkward and embarrassed. Who wants to get older anyway?

Now, while I could care less about my birthday, I am a little bit excited about April 5th, 2010. That's the day that the HAFA program is supposed to take effect. Under our government's HAFA program, the Treasury will provide incentives to servicers that provide short sales and deeds-in-lieu of foreclosures to borrowers who do not qualify for a loan modification through the Home Affordable Modification Program (HAMP). Additionally, sellers who participate in a short sale (which is supposed to have a more streamlined approval process) will receive a $1500 incentive at closing.

The latest concern that has been discussed in the news is a concern about short sale fraud. Designers of the HAFA program are concerned that there may be some borrower fraud in connection with this program which requires that the seller and the buyer are participating in an arm's length transaction.

My experience with the HAMP program and my significant contact with servicers across the nation makes me curious and eager for April 5th. While all ideas brought to the table up until now have been good, putting those ideas into practice at the bank level and bringing them to the public has proven to be challenging. After all, President Obama originally stated last March that the HAMP program would provide modifications for 4 million people nationwide. Yet the program had only provided 116,000 completed modifications as of January 2010.

My second large concern is with regard to short sale negotiations between first and second lien holders. People who have already studied the program know that only participating servicers (who are on a list) will be following the HAFA guidelines which call for no deficiency judgments and a maximum of $3000 to second lien holders. I'm curious as to how the short sale will play out when the second lien holder is not a HAFA participant. Will it make negotiating easier or will we be facing a brick wall?

If you are unfamiliar with the HAFA program, you can read more about it here. I'm more eager for April 5th than I am for my own birthday-curious about the gifts and new challenges it might bring to the table. I'm not expecting a cake, just some answers.

 

 

Comments(14)

Duane Murphy
Expert Real Estate Partners LLC - Appleton, WI
Broker- Owner-Real Estate -

Hopefully they can make this program work better than previous attempts.

Mar 13, 2010 01:15 AM
Ralph Gorgoglione
Metro Life Homes - Palm Springs, CA
California and Hawaii Real Estate (310) 497-9407

Melissa,

Thanks for posting the link to the direct document.

I'm going to read it.

Mar 13, 2010 01:18 AM
Dawn A Fabiszak
Private Label Realty ( Denver metro area, Colorado - Aurora, CO
The Dawn of a New Real Estate Experience!

Melissa ~  I agree with your concern on the 2nds that are not HAFA participants.  We only have a few weeks until this takes place.  I'm keeping my fingers crossed!  Good post and great information.

Mar 13, 2010 01:19 AM
Stephen Arnold
HomeSmart Elite Group - Scottsdale, AZ
CRS, GRI, SFR

My large concern falls with the 2nd as well!  They kick and scream over 10-20% as it is right now!!  Time will tell!

Mar 13, 2010 03:26 AM
Noah Levy
Coldwell Banker - Highland Park, IL
Coldwell Banker Highland Park IL

Melissa

It was the title of your blog that caught my attention - great info - thanks for the link...It will be very interesting as to how this shakes out.

Mar 13, 2010 10:12 PM
Lanre-"THE REAL ESTATE FARMER" Folayan
Samson Properties - Bowie, MD
I don't make promises.I deliver results.SOLD HOMES

Thanks Melissa for posting the direct link. I am definitely going to check it out. Great post.

Mar 14, 2010 12:58 AM
Ray Wright
Keller Williams Realty - Riverside, CA
SoCal Realtor - A.L.C. - Company Trainer & Coach

Closing my eyes, makin a wish and keepin my fingers crossed.  We'll see!

Mar 14, 2010 09:23 AM
Debe Maxwell, CRS
Savvy + Company (704) 491-3310 - Charlotte, NC
The RIGHT CHARLOTTE REALTOR!

Hi Melissa!  Thanks for the link--we'll just have to wait to see what happens, won't we!  Fingers crossed as well!

Have a wonderful week...

Mar 14, 2010 12:53 PM
Regina P. Brown
MBA Broker Consultants - Carlsbad, CA
M.B.A., Broker, Instructor

Melissa, I went to a seminar on the new HAFA law, sponsored by WFB last week.  Their interpretation is that the 1st TD holder must offer the 2nd TD holder at least $3,000, but it is not specified whether or not the 2nd TD holder must accept that amount!  So again, unclear "red tape".  The worst part is that the property must be marketed for 120 days before they can accept an offer.  This is supposedly to allow the homeowner to qualify for a modification and change their mind about selling... so that would be false advertising, since the house is really not available for sale. They said this would be for Freddie Mac products.  Horrible government regulations make everything worse, not better!

Mar 14, 2010 02:03 PM
Todd Clark - Retired
eXp Realty LLC - Tigard, OR
Principle Broker Oregon

I too am excited about your birthday this year, but I'm hoping it isn't another failure, like so many other government programs.

Mar 15, 2010 02:12 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

I see a lot of red flags with this program. I mean, it's probably great for sellers who are already denied by HAMP and can easily transfer to HAFA, but I'm betting a lot of my short sale sellers will be calling me to see if they can transfer to HAFA when they are already under contract and in escrow. Which will cause a huge mess. I'm betting they can't.

On top of that, far as I know, the program is voluntary. What second lender is going to participate in a voluntary program that a) doesn't let them pursue a deficiency judgment and b) gives them only $3,000?

Mar 15, 2010 03:01 AM
Lupe Soto-Realtor
Premier Realty Assoc - Los Angeles, CA
Listing, Selling Burbank, San Fernando Valley LA

thanks Melissa will review the link about HAFA.

Mar 15, 2010 07:37 PM
Lana Robbins Realtor ® Licensed Real Estate Broker
Aloha Kai Real Estate - Clearwater, FL
Licensed in Florida, Washington, and Hawai'i

Hi Melissa. I am very concerned that while this helps keep some people in their home for five years interest will accrue so it's another negative amortization program. Anyway we will see how it plays out.

Mar 16, 2010 04:06 PM
Russel Ray, San Diego Business & Marketing Consultant & Photographer
Russel Ray - San Diego State University, CA

I like to celebrate birthdays when they are special, such as the 18th, which was in Texas and meant that I could drink alcohol; the 21st, which meant that I was an adult in every legal sense; the big 4-0 because I was told that life began at 40; and the 55th last week because I got my first car when the speed limit was 55. I might just start celebrating them every year, though, because that 55th sure was fun!

_________
Come join the fun in ActiveRain's Guerrilla Marketing Team Contest.

Mar 17, 2010 03:49 PM