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Credit Ramifications of a Short Sale-New Rules for Lenders

By
Real Estate Agent with South Coast Estates BRE 01307915

How badly will your credit report be affected if you short sale your home?  This is a concern for borrowers who need to get out from under their unaffordable mortgage, but do not want to ruin their hard earned credit rating.  Up until very recently, the way a short sale would be reported could vary a great deal-there was no standard requirement that lenders had to follow.

New rules effective June 1, 2012 mandate that a short sale completed under the government program called HAFA be reported in two possible ways:

  • Status 13-Paid or CLosed Account, Zero Balance
  • Status 65-Account paid in full/foreclosure process started (this method applies IF a foreclosure was started)

New guidelines also make it possible to short sale your home even if you have NEVER been late on your mortgage payment, and this is another way that you can protect your credit rating.  Under HAFA, you can short sale your home while being current on your mortgage, and have your credit report show as Status 13-Paid Account.

It is possible to purchase a new home immediately after closing your short sale, as long as your credit report shows the account as PAID or ClOSED-so it is important to make sure that your short sale is handled correctly and that your lender reports it according to the new guidelines.

There are many reasons to choose a short sale over a foreclosure, your credit rating is one of the most important.  Other considerations are:

  1. Deficiency balance liability:  HAFA eliminates all future liability for your forgiven debt, lenders cannot pursue you for collection
  2. HOA liens, judgements are all negotiated and paid through the short sale negotiation process, giving you a fresh, clean start
  3. Cash at closing-you will be paid a minimum of $3000 and up to $30,000 incentive money to short sell your home.

Make sure that you understand all of the program guidelines and that your short sale is handled by an experienced, certified Realtor.  This is your chance to get out from under a  huge debt, and get a fresh start again.

Susan Gregory is a Certified HAFA Specialist, a Certified Distressed PRoperty Expert, Short Sale Foreclosure Resource Agent, and a Certified Negotiation Expert.  She is the author of the best selling resource, The Complete Loan Modification Guide kit and Loan Mod Calculator.

Anonymous
Gene

Hi...Great blog, I'm currently going through a HAFA Short Sale with BOA and have been current on my mortgage payments throughout the process. BOA has on three separate occasions denied my request to use the current new credit reporting language. Up until yesterday when I found the HAFA Supplemental Directive 12-02. I emailed the HAFA V4.1 Handbook and Supplemental Directive 12-02 to my case manager and he appeared SHOCKED!...My case manager states that he needs to send my information over to their legal division for further investigation. I've also spoke with counselors from the MHA Hotline to report BOA's refusal to comply with the new credit reporting language Code 13 paid/closed with zero balance).

Do you know of any servicers/lenders currently implementing/complying with the new changes in the Short Sale Agreement?

Jan 04, 2013 09:02 PM
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