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Tips on Bypassing the HAFA Short Sale Process

By
Real Estate Broker/Owner with KD Realty - 408.972.1822 CA DRE#01366594

Tips on Bypassing the HAFA Short Sale Process

This post is inspired by a comment I read on one of my posts regarding a closed San Jose Short Sale.

The comment was regarding how lenders seem to force short sales through the HAFA process even when the borrower/property does not qualify for HAFA.  Doing so of course wastes time and only delays the approval process. 

HAFA logo

I learned from a Wells Fargo regional manager who oversees short sales the following tips on how to bypass HAFA.

She suggested that when we know the borrower/property does not qualify for HAFA or the seller elects to forego a HAFA short sale to do the following. 

1.     In bold letters on the top of the Hardship letter write NON-HAFA.

2.     The Hardship letter should also include why the seller is requesting the short sale be processed outside of HAFA. 

3.    Kathleen Daniels, San Jose short sale agent, also places a cover letter on top of the Purchase Agreement which states the same:  NON-HAFA with an explanation … and a notation to see Sellers Hardship letter.

There is no guarantee this will work with all lenders.  It has worked for me with Wells Fargo and Bank of America short sales.

You have nothing to lose by doing this.  The lender/servicer will either move it out of the HAFA process or they won’t.  Either way, the short sale will be processed.  It is only a matter of how much additional time it will take to process if a NON-HAFA short sale is processed through HAFA first only to ultimately be moved out of HAFA and placed in the non-HAFA short sale processing queue. Then the review process starts all over again. 

The process of lenders processing all short sales through HAFA is only one of many reasons why short sales can, and often do, take so long to process. 

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I specialize in probate real estate.
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Real Estate Specialist
my focus is on helping Executors and Administrators
avoid headaches
before they start.

“From the moment we met Kathleen, we were impressed with her professionalism, knowledge, patience, respect, humor, attention to detail, and compassion.  She's the Whole Package ~ excellent agent and wonderful human being!  In a potentially stressful experience, we have felt in good hands all along.  We are so grateful and recommend her without hesitation!”

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Comments(17)

Cathy McAlister
Cathy Ashley McAlister, GRI CDPE - Broker / Sacramento - Sacramento, CA
Sacramento DRE#00648507

Great tip Kathleen.  In the past we have been specific with HAFA, non-HAFA on our submissions, just not necessarily in the hardship letter.  Lately it seems lenders are forcing more through the HAFA system, only to decline.   My opinion has been that lenders are establishing a record of trying to comply with HAFA should the FEDs check in on them.  We will probably never know the real answer.   In the meantime - we will add this tip to our process.  Anything that helps is good.

Oct 10, 2012 02:35 AM
Randy Ostrander
Lake and Lodge Realty LLC - Big Rapids, MI
Real Estate Broker, Serving Big Rapids and West Central MI

Good afternoon Kathleen. Something as simple as letting them know ahead of time can make a huge difference. If we know they don't qualify why are we trying that route?

Oct 10, 2012 03:04 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Cathy, There is no doubt in my mind that lenders are funneling all short sales through HAFA for self-serving reasons.

Randy, Good question.  I've had conversations with lenders and servicers asking the same question. No one can definitely tell me why ... they typical response is - that is just the way it is. 

Oct 10, 2012 03:17 AM
Curtis Van Carter
Better Homes & Gardens Wine Country Group - Yountville, CA
Your Napa Valley Broker Extraordinaire

Kathleen

I thought there was a HAFA waiver form used by many lenders. If true, I guess they don't look at their correspondence very closely and if not, thanks for the good tip. cheers cvc

Oct 10, 2012 04:38 AM
Jerry Newman
Brown Realty, 210-789-4216, - San Antonio, TX
Texas REALTOR, San Antonio Military Relocation

Hi Kathleen. While I don't do many Short Sales. Your Tips on how to avoid HAFA is highly appreciated. Have a Wonderful Week!

Oct 10, 2012 05:02 AM
Marge Draper
Keller Williams Realty Palo Alto - Menlo Park, CA
REALTOR, Keller Williams Realty, Menlo Park CA

Kathleen,  This is great advice for both agents and people who are under water and don't what to do!  There is so much misleading information on the radio and in advertising.

Oct 10, 2012 05:25 AM
Peggy Hughes/pha logistix, inc.
pha logistix inc - San Francisco, CA
SF NYC LA

Some simple, easy ways for agents to get their short sales moving along, Kathleen.  Hope it helps.

Oct 10, 2012 06:29 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Curtis, I have never seen a "waiver form" however that does not mean one does not exist.  Wells Fargo does not have one otherwise I would think they would want us to use that versus writing NON-HAFA.  You are right ... they do not look at, read or connect the dots ... that is why we need to do it for them if we want to help expedite the process.   Thanks for your comment.

Jerry, Let's hope you don't have to do many short sales for many years to come. I look forward to a market without so many of them.  Thanks for stopping by.

Marge,  That is true about misleading information.  The same applies to the national news about the real estate market. Real estate is local ... and lender requirements vary.  Thanks for stopping by.

Peggy,  It can be if the lender allows a borrower to opt-out.  It's almost impossible to get a short sale out of HAFA once the file is processing. Thanks for your comment.

 

Oct 10, 2012 07:21 AM
Ron Marshall
Marshall Enterprises - Saint Michael, MN
Birdhouse Builder Extraordinaire

Very, very interesting.  The things I learn just being here on the Rain.  Suggested.  Thanks, Kathleen.

Oct 10, 2012 07:51 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Hi, Ron,  Thank you.  I learn a lot here in the Rain as well. There are so many people who want to help ... that is what this community is all about. 

Oct 10, 2012 07:54 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

Kathleen, you give excellent advice to those sellers needing to do a short sale, and SO important to work with an agent that DOES short sales to ensure they close.

Oct 10, 2012 10:48 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Joan,  Thank you so much.  This definitely applies to the buyers agent as well. I am finding more and more buyers' agents that just don't understand and therefore they cannot advise their clients accordingly.

Oct 12, 2012 10:47 AM
Juli Vosmik
Dominion Fine Properties - Scottsdale, AZ
Scottsdale/Cave Creek, AZ real estate 480-710-0739

Hmmmmmmmmm, Kathleen, is that one of the pages the banks seem to "miss" from all the faxes, emails and CD disks of the scans?  LOL.  

Actually, this is a great idea.  Personally, I just think I'll hire you to do my next short sale - I'll do the marketing, you handle the banks.  

Oct 16, 2012 01:02 PM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Juli,  It may well be they choose to ignore it.  I like your thinking ... I would need to be licensed in your state ... but that is certainly doable (LOL)!

Oct 18, 2012 12:31 PM
DeeDee Riley
Lyon Real Estate - El Dorado Hills CA - El Dorado Hills, CA
Realtor - El Dorado Hills & the Surrounding Areas

Thanks Kathleen!  I had this very issue with my last short sale.  Will know next time how to handle it!!!!

 

Oct 19, 2012 10:24 AM
The Villages Realty
The Villages Realty - San Jose, CA
"Our Performance Will Move You!"

Good information.  Thanks for sharing this, please keep it up!  We like what you post.    

Dec 22, 2016 06:52 PM
Eagle Ridge Realty
Eagle Ridge Realty - Gilroy, CA
"Our Performance Will Move You!"

Kathleen, always good stuff and a joy to read.  We recommend Kathleen Daniels for your real estate needs in San Jose, California.   

Dec 23, 2016 07:37 PM