Special offer

Short Sales & New Rules

By
Real Estate Appraiser with Grimaldi Appraisal Services

Picture Perfect

 

SHORT SALES & NEW RULES

 

Highlights

  • HAFA rules mainly affect sellers and lenders, but also impact buyers.
  • Short sale properties typically are in better shape than foreclosures.
  • Don't assume all short sale homes have been approved for sale.

New short sale rules are impacting homebuyers as well as sellers and lenders.

Recently, the federal government instituted the Home Affordable Foreclosure Alternatives program, or HAFA, which is intended to streamline the short sale process, at least for transactions in which the home sellers have mortgages owned or guaranteed by Fannie Mae or Freddie Mac.

 

"Buyers of short sales have had to wait months and months and still not always have their offer approved for a short sale," says Lisa Matykiewicz, a Realtor and Certified Distressed Property Expert in Gilbert, Ariz. "Now there will be defined parameters as to what the lenders will accept and a timeline for when the contract needs to be approved or denied."

While most HAFA rules affect only the home sellers and their lender, a few of the streamlined rules impact buyers. They include:

  • Buyers must present documentation of funds or a preapproval letter from a lender with their offer for a short sale; sellers need to present this to their lender within three days of receiving the offer.
  • Lenders must approve or deny the offer for the home within 10 business days of receiving the offer.
  • Settlement must take place within a reasonable period of time after the offer is made, but the lender cannot require a closing earlier than 45 days from the date of the sales contract unless the home seller agrees.
  • Buyers cannot sell the property again for 90 days. This is meant to prevent investors from "flipping" homes by purchasing at a low price and selling at a quickly inflated price.
  • Short sale transactions through HAFA must take place at "arm's length," meaning the home sellers cannot sell the property to a relative or anyone else with whom they have a closer personal or business relationship.

Matykiewicz anticipates fewer foreclosures in 2010 and more short sales due to the streamlined short sales rules.

"I think more short sales will be available in 2010 than in 2009 because everyone is cooperating to avoid adding more foreclosures to the market, from the government to the lenders to the homeowners," says Matt Martin, CEO of Matt Martin Real Estate Management in Vienna, Va.

Better bet?

Homebuyers may find that short sales are not necessarily opportunities for bargain hunting.

"In reality, short sale properties are priced at what the market will bear because the bank wants to recoup as much as possible of the loan value," says David Liniger, Re/Max International chairman and co-founder.

Still, shoppers may find a short sale a better bet than buying a foreclosure.

"Short sales are usually in much better condition than a foreclosure because they have an actively involved seller who is living in the property," Liniger says. "Most people would prefer to buy a home in good condition at a reasonable price as opposed to a property in bad condition which will require considerable time and money to make livable."

Not all short sales fall under the HAFA program. Homeowners with loans owned by lenders other than Fannie Mae or Freddie Mac will need to negotiate short sales on an individual basis.

"One problem that will continue even with the streamlined short sale process is that homebuyers do not know where the homeowner stands in terms of approval for the short sale," says Martin. "Some real estate agents go ahead and list a home as a short sale even before the lender has approved one."

 

If, on the other hand, the home sellers have been preapproved by HAFA for a short sale, "the process should work better," Martin says.

 

Keping you informed every step of the way

Deb Grimaldi  at Re/Max 1st Choice

www.realestateri.com

 

 

401 837-9633

 

Posted by

Deborah Grimaldi

Re/Max 1st Choice

980 Reservoir Avenue

Cranston, RI   02910

Direct 401 837-9633

 

 

Kris Fox
Fox Real Estate - Rockport, MA

Our tax dollars have already bailed out the banks' toxic portfolios, so whether it's a Foreclosure or Short Sale makes little difference to them.  THEY ARE COVERED!  This is the main reason why there is no motivation in doing a Loan Modification homeowner...it means little or nothing to them.

Please don't be fooled, if Bill 931 doesn't get passed they will be double-dipping and going after the consumer for any deficiency...maybe not right away, but they will...they will track down and chase the now homeless person the moment he gets back on his feet for any deficiency to ruin him again!

As Real Estate professionals, I know we all strive do the best for our clients and every situation is unique, but let us not fool ourselves.  Who does a Short Sale really help? 

A Short Sale benefits the Bank and Real Estate Community more so than the Homeowner...

Short Sales were created by a government's guilty conscious but in effect they really help the banks and not the homeowners.  It removes the bank's obligation, cost and liability of doing a Foreclosure and/or Auction.  A Short Sale allows the homeowner who has now been diminished to a mere catalyst...an "unpaid" employee of the bank, to did it for them and the Real Estate Community earns an income from the inventory.  The seller doesn't have to pay taxes from the difference.

WOW! Does that really compare to loosing your HOME?

An Investor buys/sells a HOUSE.  A Family looses a HOME and many times their COMMUNITY regardless whether it be through a Foreclosure or Short Sale.  Please let us not morally deceive ourselves on the devastating impact this has on the ever growing 25% of families that are currently living in this nightmare.

Unfortunately, it makes no difference to children loosing their home due to greedy banks and our tax dollar government bailout of them and not it's people. Statistics don't show how kids are affected as sadly so many families are being FORCED to uproot their happy, accomplished and thriving children out of their schools and neighborhood and move into limited housing scenarios with a new and sometimes vulnerable environment away from a familiar and nurturing community...many times the only social network the children have had since birth.

Now HOMELESS, few if any will find a house for "rent" in the same area, with limited rental inventory and excellent credit needed to qualify as a tenant. Many times divorce is a fall out of parents dealing with severe financial stress which further isolates them and their children away from an existing social network.

Foreclosure vs. Short Sales? The only difference is in a Short Sale the bank is off the hook and Real Estate Brokers get a Commission.  Either way, consumers loose their home. This economically forced transition should not be dismissed as trivial for we will not fully know the long term affect the housing/mortgage crisis will on families and children suffering the loss until years down the road. 

The only thing constant is change...as a powerful Real Estate Community, we should lobby and seek ways for families to KEEP their HOME and not just benefit from their LOSS.  We're better than this!

 

Mar 18, 2010 07:18 AM
Kay Van Kampen
RE/MAX Broker, RE/MAX - Springfield, MO
Realtor®, Springfield Mo Real Estate

Great information to know.  I am reading all I can right now on the new changes.

Mar 18, 2010 02:25 PM
Deborah Grimaldi
Grimaldi Appraisal Services - Cranston, RI
(401) 837-9633

Thanks for all the input on the subject, keep learning everyday on the subject.

 

Mar 19, 2010 04:15 AM