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How Banks Circumvent the 10-Day Turnaround Requirement for Preapproved HAFA Short Sales

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

There is no good reason to get a Bank of America short sale preapproved through HAFA anymore. You don't gain one ounce of time by getting preapproved and, in fact, it takes longer to close. I am on my last leg of those atrocities, thank goodness. I am presently working on my last few preapproved HAFA short sales. These are not just any old preapproved HAFA short sales. These are Bank of America preapproved HAFA short sales, which are a whole 'nother animal due to the fact that Bank of America hires a third-party vendor to process these.

Which I'm not blaming the bank for doing -- heck, Bank of America just layed off 3,500 employees.

Bank of America has got to cut costs and overhead; I get that part. But why can't they hire a competent third-party vendor? Or at least put pressure on the companies such as AMS that they work with now? Surely they recognize the indifference, slow turnaround times and other signs that used to be prevalent in Bank of America's own policy structure in recent history: BE. Before Equator.

The federal guidelines for HAFA state the bank must respond to an offer for a preapproved HAFA short sale within 10 days. That's 10 business days, not calendar days. The third-party vendors get around that requirement by redefinining what constitutes an offer and a complete file. They have figured out that all the have to do is ask for another document or request a change in a HUD, and they can start the clock ticking again.

Or maybe I give them too much credit. Maybe they're just flagrantly disregarding federal guidelines. Hard to say.

However, it is not unusual for the negotiators to request a new HUD over and over and over. When the HUD changes, often the TOS changes, which requires all new signatures and dates. My preapproved Bank of America HAFA short sales have been in escrow almost 90 days now. 10 days? 90 days? Nobody cares except this Sacramento short sale agent, the buyers and sellers and buyers' agent, buyers' lenders who are ready to fund, the transaction coordinators, escrow and title personnel -- and we are powerless to close.

We've been trying to close another Bank of America short sale in Sacramento for the last 7 days. This is a cooperative short sale, which is similar to a HAFA. We uploaded the HUD to Equator on August 23rd, which was a Tuesday (7 days ago), in hopes of closing on August 26th, which was a Friday. No response to the HUD. Early on the 26th, I sent to emails through Equator. No response. We called and were told that they'd get to it when they got to it.

Late in the day, the negotiator requested a new HUD. Line 506 needed to state "relocation incentive," instead of "cooperative incentive" to seller. We changed it and uploaded, now hoping to close on August 29th. Nope. Not gonna happen. Late in the day on August 29th, we are told to change Line 506 again and, this time, add the sellers' names to that line. There is no conformity. I think they make up the rules as they go along. Every negotiator has a different opinion rule.

But this is how they get away with murder. Outta be a law against that. Oh, wait.

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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(10)

Ellie Penaranda
239.776.5077 Downing-Frye Realty - Naples, FL
Naples Florida Real Estate - Waterfront & Beach Co

Hi Elizabeth, we sent all the required documents by fax and then by certified mail so we can have proof of receipt.  It still didn't help.  No one was reading what's in the file (because I am sure it was very thick) and they could care less when we faxed the receipts.  I hope you forward all your posts to the higher ups in BOA, I don't think they communicate with each other.  Good luck.

Aug 30, 2011 04:09 AM
Chris Ann Cleland
Long and Foster Real Estate - Gainesville, VA
Associate Broker, Bristow, VA

I've got my very first BOA cooperative short sale coming up very soon.  I am paying very close attention to the change you mention here in verbiage about the credit to the seller.  I am sure, even if I follow what has been required of you, BOA will find another reason to drag it out.

Aug 30, 2011 04:12 AM
Dick Greenberg
New Paradigm Partners LLC - Fort Collins, CO
Northern Colorado Residential Real Estate

Hi Elizabeth - We don't do more than a couple of short sales a year, but I read your posts (along with Chris Ann's and a few other really knowledgeable experts) to keep up on how it's working and get tips for when one comes up. I'm amazed at the tenacity and patience you guys display along with your expertise - I think you all should be up for sainthood. If I spent as much time in that world as you do, I'd probably wind up with a swat team converging on me.

Aug 30, 2011 04:25 AM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Elizabeth - I'm curious.  Knowing that BofA has a whole division monitoring online tweets and blogs that bash BofA, I was wondering if BofA has ever contacted you to question you about your online complaints about BofA?  I know other Realtors/agents have received calls from BofA when they have gone online to bash BofA.

Aug 30, 2011 04:31 AM
Elizabeth Weintraub Sacramento Broker
Elizabeth Anne Weintraub, Broker - Sacramento, CA
Put 40 years of experience to work for you

Hi Ellie: I don't forward my blogs because they can be found so easily all by themselves, LOL.

Hi Chris Ann: It's not Bank of America that is dragging these out. It's the bank's third-party vendor. Google "bank of america short sale and ams" and you'll be amazed. Of course, I should point out that only ticked-off people tend to blog about AMS.

Hi Dick: It's a different world we short sale agents live in, that's for sure. We get to see the Peter Principle -- live and in action -- every single day.

Hi Donne: I am surprised that you would use the word "bash" Donne, as I do not believe that I am bashing Bank of America. I am questioning Bank of America's logic in hiring AMS and continuing to do business with AMS. I am laying out some problems that are inherent in a Bank of America HAFA short sale with AMS, but I am not bashing Bank of America.

I own stock in Bank of America, which I recently purchased because I am impressed with the bank's progress, direction and potential. I also wholly support doing Bank of America short sales in Sacramento. If you really want to know, Bank of America, right next to Wachovia, is my favorite short sale bank.

My fickle finger of fate award is directed at AMS.

Aug 30, 2011 04:45 AM
Donne Knudsen
Los Angeles & Ventura Counties in CA - Simi Valley, CA
CalState Realty Services

Elizabeth - Ok, I apologize for the bash comment I truly did mean complain, don't know why I said bash.  I guess because I have known people who do bash BofA and they do get those calls from BofA reps asking about how they can help them so that they will stop bashing them online.  I was just curious if any of those BofA reps that monitor online communities have ever contacted you for questioning BofA practices and/or decisions. 

Aug 30, 2011 05:12 AM
Myrl Jeffcoat
Sacramento, CA
Greater Sacramento Realtor - Retired

Elizabeth you wonder in earnest, when you state, "Or maybe I give them too much credit. Maybe they're just flagrantly disregarding federal guidelines. Hard to say."  Here's the thing to understand, with Wall Street and the Banking industry infusing Washington with 6 lobbyists per each and every Congressman, do you think they are going to get away with flagrantly disregarding federal guidelines?  I'd guess, absolutely YES.  Afterall, how many have gone to jail for getting us into the financial mess we have been dealing with these past severalyears anyway?

Aug 30, 2011 06:06 AM
Melanie Ross
Coldwell Banker Solano Pacific - Benicia, CA
Benicia CA & Vallejo CA Real Estate, 707-319-2828

Elizabeth,  Hear ye Hear ye!  and UTLS is just as bad.  Another agent came up to me today in the office for HAFA advice and it was about bank of America.  My business partner and I both shouted at the same time "NO,NO NO preapproved BofA HAFA.....you will stick in never never land".  Just put it on the market and go for it. Yesterday I talked to UTLS on a DIL as the SSA is up 9-11 and they have a NOT for 9-12.  He has to be ignorant as I sent the SSA to him and pointed out where it says the DIL and NO foreclosure....he sends me an email and says "oh I hope the foreclosure is delayed".....DOY and he is a Team Lead?  I still do not think AMS or UTLS has completed a HAFA SS yet.

Aug 30, 2011 09:53 AM
DeeDee Riley
Lyon Real Estate - El Dorado Hills CA - El Dorado Hills, CA
Realtor - El Dorado Hills & the Surrounding Areas

Hi Elizabeth,

Today in talking with a short sale negotiator from Bank of America, she shared that she couldn't give me her direct phone number because she has over 70 files she is working with.  I keep asking myself, why after the past couple years are we still hearing this.  It is not like it is something new.  It finally dawned on me that BofA is servicing these loans but they don't really own them so I don't think they care to hire more people at their cost to make them close faster.  What's your take on this?

 

Aug 30, 2011 05:45 PM
Wendy Cutrufelli
Alain Pinel Realtors - Walnut Creek, CA
Contra Costa Realtor

Elizabeth, I've noticed the same tendency with banks that don't use Equator (with the date and time stamp feature).  When it's clear that an internal deadline is about to be exceeded, there is a sudden flurry of requests for updated documentation (but really, nothing new at all, just some crazy revision) which is the purported reason the file isn't moving forward.  When, IMHO, it's just too many files assigned to one person and the work-load simply can't get accomplished.

Aug 31, 2011 02:24 AM