The Problem with the new HAFA Regulations

Real Estate Agent with EXIT Realty- Massachusetts Short Sales & Residential Sales

The new HAFA Regulations on the surface seems like a good thing.  But there are several pieces of the regulation that will end up hindering the short sale process.  Here are a few pitfalls that will end up creating issues for homeowners who end up going the short sale route through the HAFA program.

  1. Market Value is determined prior to marketing the property.  Many homes will be coming on the market overpriced.  Overpriced homes for sale sit on the market and get stale.  Really when have we seen appraisals come in where they really should? Plus, in a declining market you should be pricing ahead of the market not at market.
  2. For the second lien holder to take advantage of the monies guaranteed from the HAFA regulations they must release the homeowner from future obligations.  Right now most first lien holders are releasing the home sellers anyways.  Second lien holders are starting to clamp down.  They are under no obligation to to release the home seller from future defeciency judgements, most are getting there $3,000 anyways and retaining the right for the defeciency.
  3. This is the biggy.  Home sellers may be (which means most likely) will be required to pay the mortgage payments up to 31% of their gross income to the bank while they are in the short sale process.

Too many little things will get in the way of a program that was supposed to help homeowners in a financially distressed situation.

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This post was provided by Kevin Vitali of EXIT Group One Real Estate In Tewksbury MA. You can contact Kevin by email at or call 978-360-0422.

I pride myself in the quality of my work while helpingbuyers and sellers make dreams come true.

Real Estate Services in the northeast Massachusetts, around the Merrimack Valley, Southern New Hampshire including the towns of Andover, Billerica, Boxford, Chelmsford, Dracut, Georgetown, Groveland, Haverhill, Lawrence, Lowell, Merrimac, North Andover, Newbury, Newburyport, North Reading, Rowley, Tewksbury, Tyngsboro, Westford, Wilmington, West Newbury










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Bill Gassett
RE/MAX Executive Realty - Hopkinton, MA
Metrowest Massachusetts Real Estate

Kevin #1 on your list was the 1st thing that came to mind under HAFA that I know is going to be an issue.

Apr 26, 2010 07:48 AM #1
Marty and Laurie Gale
Utah Realty - South Jordan, UT
Utah Realty | 801-205-3500 |

Kevin, I am starting to see this with BPO's on other short sales. BPO is over stated and then the home just sits. Counter offer gets rejected and buyers walk.

Apr 27, 2010 12:26 AM #2
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Kevin Vitali

Helping Massachusetts Home Buyers and Home Sellers
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