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Short Sales...the new HAFA guidelines

By
Real Estate Agent with The Brown Group Realty

As part of the Making Homes Affordable program (HAMP), the new Home Affordable Foreclosure Alternatives Program (HAFA) goes into effect April 5th.  The National Association of Realtors has the summary of this at www.realtor.org/shortsalesUnder the new program, if a borrower meets the eligibility requirements, they would not have to face a deficiency judgment and would get some cash to move. 

Will it work?  I'm hoping so, but have my reservations.  HAMP was a noble proposal for those who wanted to keep their homes, but, due to unforeseen circumstances, were struggling to make their mortgage payments.  But if you've talked with anyone who has tried to get a loan modification, it is a frustrating and often painful process.  One person I know has re-submitted their application and supporting documents three times.  The typical loan modification process can take up to six months before an answer is forthcoming.  The idea was to offer relief BEFORE a borrower was in default, but that is a rare occurrence.  The program was left in the hands of the lenders to execute and the lenders were and still are ill-equipped to handle it. 

Now the government is asking these same lenders to have their loss mitigation departments learn something new called HAFA to deal with short sales...something that, for the most part, the lenders are not dealing with well now.  Although it goes in effect in two days, my sense is that it will take a while to even be known by the loss mitigation departments, let alone executed.

With short sales, each situation is different.  A FHA short sale differs from a Fannie Mae short sale which differs from a short sale with a first and second lienholder.  They are complicated, time consuming, frustrating and, at times, heartbreaking.  HAFA is a ray of sunshine for those wanting to avoid foreclosure but must sell their home. I'm hoping it will help make short sales take less time to conclude.

If you are considering a short sale, it is in your best interest to work with someone who knows what they are doing.  NAR has a new designation: SFR which stands for Short Sale and Foreclosure Resource.  The Realtors who have this designation have been trained to do short sales and to give advice regarding alternatives to foreclosure.  There is also another designation:  CDPE which stands for Certified Distressed Property Expert.

 

Vic Steele
Vic Steele, Broker CA DRE 01349863 - Anaheim Hills, CA
Broker/Consultant

All we can do is hope for the best Wendy.  Their intentions are clearly forward-thinking, I hope the administration of the new guidelines is equally smart!

Apr 03, 2010 07:24 AM
Larry Lawfer
YourStories Realty Group - Newton, MA
"I listen for a living." It's all about you.

No doubt both the banks and the government has bungled these issues up to now. The newest guidelines may help, we can only hope. It all started wrong when the Government and the Banks demonized the entire real estate industry about some modification scams. The banks have been slow moving to non responsive throughout.  Now the idea is to provide some people in trouble a way to get out, some cash in their pocket and a not so black mark on their credit score.  My thinking is that Short Sales are the newest best thing for us to be involved with.

Apr 03, 2010 07:24 AM
Wendy Brown
The Brown Group Realty - Westerly, RI

Vic-I'm ever optimistic (or I couldn't be in real estate this long!) tempered with a good memory.

Larry - Couldn't agree with you more.  2/3 of my business is short sales since getting the SFR designation.  HAFA provides the opportunity to get it right...we can only hope it works!

Apr 03, 2010 07:57 AM