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IS HAFA’S PROGRAM A BREACH OF HUD’S FAIR HOUSING ACT??

 
According to HAFA (Home Affordable Foreclosure Alternatives) program slated to take effect April 5, 2010, lenders MUST first evaluate/advise homeowners on HAMP (Home Affordable Modification Program) loan modification programs prior to any consideration of eligibility of the HAFA short sale option.
 One of the goals of the new HAFA program is to simplify and streamline the use of the short sale option by incorporating the following unique features:
Uses borrower financial and hardship information already collected in connection with consideration of loan modification. Allows borrowers to receive pre-approved short sales terms before listing the property (including the minimum acceptable net proceeds). Disallows foreclosure sales during the marketing period specified in the SSA short sale agreement.  Must pay commissions stated in the listing agreement not to exceed 6% of the contract sales amount. REQUIRES BORROWERS TO BE RELEASED FROM FUTURE LIABILITY FOR THE FIRST MORTGAGE DEBT - NO CASH CONTRIBUTION, PROMISSORY NOTE OR DEFICIENCY JUDGMENT IS ALLOWED.  If I understand this correctly, HAFA will consider a stream line short sale approval and process for borrowers who have proven their hardship and financial situation already collected in consideration of a loan modification.  I believe that an increasing number of homeowners holding "A"-paper, fixed ... more

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