Special offer

If Bank of America Says You Qualify for a HAFA -- You Might Not Qualify

By
Real Estate Agent with Elizabeth Anne Weintraub, Broker DRE #00697006

Did you read what Zsa Zsa said when she saw that billboard on TV, which her husband Prince Frederic Von Anhalt slapped up in her honor? The billboard is on Sunset Boulevard in Los Angeles. It's a wedding photo of Zsa Zsa Gabor and her husband.  Celebrating 25 years of marriage in August. Von Anhalt paid $68,000 for the billboard, in case you're wondering about doing it yourself. That covers 30 days -- or a cost of $2,267 a day, about what you can spend for a weekend getaway at Sunset Marquis for you and your entourage.

Apparently, Zsa Zsa is too ill to go anywhere so she had to see it on TV. At 94, she's certainly had her share of health problems, including an amputation, which just makes me shiver thinking about it. But you'd think she'd conjure up some other thought in her head at the sight of the two of them on her wedding day than "Oscar de la Renta." That's what she said. Her wedding photo made her think of a designer because that's who designed the dress she wore.

Shoot me now. That's so romantic. Not.

You know what else makes me shiver? When my Sacramento client calls me all excited and says, "Bank of America told me I qualify for HAFA." But they don't qualify. And they don't understand what Bank of America is saying to them. See, in a Bank of America short sale, all the short sale processors are trained to prequalify sellers for HAFA. There is a matter of being eligible and there is also a matter of qualifying. Those are 2 different things. Here are the bare bones for what it takes to be eligible:

  • Personal residence
  • Mortgage is less than $729,750
  • Mortgage originated before January 1, 2009

That covers a lot of people. However, what the short sales processors don't know is the amount of the sellers' liquid assets and whether they truly have a hardship. HAFA is designed for sellers in dire straights. True, sometimes you can shove a square peg in a round hole, but for the most part, a severe hardship is necessary. If you earn a good income and have sufficient savings, you won't qualify for HAFA.

However, you can choose to spend 30 to 45 days in Bank of America's short sale system to find out that you do not qualify or you can move forward with your short sale in Equator as a regular short sale. Bank of America stops the short sale at that point until a decision is made. Sellers must call the bank, whether they want to or not. Most sellers have no idea that B of A is putting the brakes on their short sale sale.

In California, the bank will most likely release you from liability -- even without a HAFA -- because of SB 458. Therefore, the only remaining benefit to a seller for HAFA in California is the $3,000 relocation check. But you might qualify for TAP without the HAFA. That program pays sellers as well to do a short sale.

This is why it's important to hire a Sacramento short sale agent who is familiar with all of the programs available, the program quidelines and can explain them to you. This way you can make an informed decision about your short sale. Because Bank of America does not have your best interest at heart. Why should it? Bank of America is not your friend. But your Sacramento short sale agent cares. You can take that to the bank.

 

 

Posted by

elizabeth weintraub

 

 

Weintraub and Wallace Realtors

 

 

Elizabeth Weintraub reviews

 

 

 

Elizabeth Weintraub is co-partner of Weintraub & Wallace Team of Top Producing Realtors, an author, home buying expert at The Balance, a Land Park resident, and a veteran real estate agent who specializes in older, classic homes in Land Park, Curtis Park, Midtown, Carmichael and East Sacramento, as well as tract homes in Elk Grove, Natomas, Roseville and Lincoln. Call Elizabeth Weintraub at 916.233.6759. Put our combined 80 years of real estate experience to work for you. Broker-Associate at RE/MAX Gold. DRE License # 00697006.

Photo: Unless otherwise noted in this blog, the photo is copyrighted by Big Stock Photo and used with permission.The views expressed herein are Weintraub's personal views and do not reflect the views of RE/MAX Gold. Disclaimer: If this post contains a listing, information is deemed reliable as of the date it was written. After that date, the listing may be sold, listed by another brokerage, canceled, pending or taken temporarily off the market, and the price could change without notice; it could blow up, explode or vanish. To find out the present status of any listing, please go to elizabethweintraub.com.

Comments (9)

Dan Hopper
Dan Hopper - Gold Way RE - Westminster, CO
Colorado Broker / Referral Services

Great article,Elizabeth.... BOA is notorious for stopping the short sale process and trying to NOW work the HAFA, and you and I know all too well, that our seller does not qualify.  But, we allow the process to take place, in order to keep us out of hot water, and lose a few days or weeks for BOA to discover what we already knew.  It has amost cost us a few cash buyers due to the delay of the HAFA process.

Jul 29, 2011 03:16 AM
Geoff ONeill
John L. Scott Medford - Medford, OR

BofA, & Chase seem to be the slowest short sale processors.  It's as if they will do anything to drag it out.  I'd really like to see "Big Brother" stay out of the process.  Those programs are prolonging the agony for buyers, sellers, and the market in General.  I can't tell you how many times a seller has been tempted to try one of the government plans, only to find out that the programs don't apply to Jumbo loans.  Of course this should be the first thing on the checklist, but it's not.

Jul 29, 2011 03:22 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Elizabeth, lenders and servicers are notorious for causing confusion in the mind of borrowers and slowing down the short sale process with their requirement to process all short sales through HAFA ... even those that do not qualify.  Then their is the other side of the equation ... being denied HAFA when the borrower is eligible.  That's another post! (LOL)

Jul 29, 2011 05:22 AM
Tammy Lankford,
Lane Realty Eatonton, GA Lake Sinclair, Milledgeville, 706-485-9668 - Eatonton, GA
Broker GA Lake Sinclair/Eatonton/Milledgeville

Don't they understand you're a certified HAFA specialist???  And they likely plucked that person off the street that answers the phone at BoA.  And I won't be getting any billboards on Sunset Blvd.  For the same amount they could buy a billboard on a US route in my town... for 37 YEARS.

Jul 29, 2011 05:33 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Elizabeth:  Personally, I think Zsa Zsa's brain was amputated a long time ago.  (Bad joke?)  But have you ever listened to her .. or her nutsy husband??  Wow!  But saying that, I think that Zsa Zsa is much more intelligent that some of the help they get in some of the banks.  Sounds harsh, I know ... but it boggles the mind at times.  Again, WOW ...

Gene

Jul 29, 2011 06:00 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Hey Dan: I let the sellers choose whether they want to try it, and I explain in detail what it takes to qualify for HAFA. Generally, they draw their own conclusion that they do not qualify. I got one guy who is Fannie Mae, and I'm so relieved he's not doing a Fannie Mae HAFA. If you lose a buyer on one of those puppies and you're too close to the auction, Fannie Mae will foreclose.

Hi Geoff: You know, right? No loans over $729,750. OK, well, you know now.

Hi Kathleen: There is no HAFA police. The entire HAFA program is voluntary. Nobody MUST participate. Lenders are free to reject HAFA even if the borrower is eligible and qualifies.

Hi Tammy: I don't really play up my certification but I do discuss HAFA with every client. They just forget because there is a ton of information, and I mean a ton, to absorb. It's overwhelming for them.

Hi Gene: Zsa Zsa was my hero growing up. She was the only Hungarian I knew, and I am part Hungarian. My father was half German and half Hungarian. His mom said when he was a kid he used to run around proudly proclaiming himself to be a hungry German.

Jul 29, 2011 09:52 AM
Colleen Fischesser Northwest Property Shop
NextHome Experience - Chelan, WA
A Tradition of Trust in the Pacific NW since 1990!

HaFA=HaHA in my neck of the woods. I've come to cringe when I hear they are eligible. Give me straight up traditional short sale any day of the week.

Jul 29, 2011 02:48 PM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Hey Colleen: The way to remove the uncertainty in the HAFA is to get your sellers prequalified upfront. If they think they might qualify for HAFA (after you explain how it works), then send them through the program. I help my sellers get prequalified if they want because some of them can't do it by themselves. But once we have an offer, that is not the time to start thinking about whether HAFA is an option -- cuz if it's not, you've lost the buyer by the time you find that out, and you might be in headed to auction.

Jul 30, 2011 02:21 AM
Gene Mundt, IL/WI Mortgage Originator - FHA/VA/Conv/Jumbo/Portfolio/Refi
NMLS #216987, IL Lic. 031.0006220, WI Licensed. APMC NMLS #175656 - New Lenox, IL
708.921.6331 - 40+ yrs experience

Just to clarify ... my views on Zsa Zsa or her husband have nothing to do with their nationality.  Jeesh ... I sure wouldn't want to hurt your feelings or cause issues because of a misunderstanding like that.  I find her husband rather tacky because of some of the stunts I've seen him talk about on TV.  I think he utilizes Zsa Zsa's popularity and Hollywood standing to his own glorification.  Nothing more intended ...   and I apologize if you felt I meant otherwise.  Not my intent ...

Gene

Jul 31, 2011 10:58 AM