Add Your Signature to the Petition - Reforming Regulations Concerning Short Sales

By
Mortgage and Lending with iLoan - NMLS ID#4474 NMLS 79048

While 70 percent* of Americans see homeownership as part of achieving the American dream, the homeownership rate CLICK HERE!has taken a 10 year decline** that hasn’t been seen since the Great Depression.  While some steps have been taken to assist underwater homeowners to refinance, ***  A fast transition back into homeownership is good for the economy, consumer confidence, the housing market and indeed...the banks.

Some actions can be taken that require no congressional approval.  We, the signers of this petition, ask that the administration to work through the executive branch to implement the following:

  • Have the FHFA change Fannie and Freddie's guidelines regarding how long a consumer waits to be eligible for a new mortgage after a short sale to no waiting period if there were no late mortgage payments prior to the short sale and 1 year if there were.
  • Have HUD amend FHA's requirement to wait 3 years after a short sale where the consumer had late payments in the 12 months preceding the short sale. It should be amended to a 1 year.
  • Have HUD clarify their guidelines regarding buying a short sale where the consumer didn't have late mortgage payments prior to the short sale.
  • Have the FHFA, pressure PMI companies to waive their right to deficiency judgment in the event of a short sale.
  • Impose a 5 year moratorium on deficiency judgments on first mortgages.

Thank you for your consideration.

Sources:

*http://info.trulia.com/index.php?s=43&item=131 **http://www.mortgageorb.com/e107_plugins/content/content.php?content.9913 ***http://iloanhomemortgage.com/uncategorized/fannie-mae-and-freddie-make-mac-move-to-no-loan-to-value-limit-loans-on-harp/

CLICK HERE!


Posted by

Charles Dailey - Branch Manager, Loan Officer, Certified Military Housing Specialist - iLoan - NMLS ID# 79048 -  612.234.7283 - charles@charlesdailey.com


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Comments (9)

Anonymous
Anonymous

Why not just eleminate DUE ON SALE clauses in mortgages. That would solve all the problems,

Oct 26, 2011 11:06 PM
#1
Gabe Sanders
Real Estate of Florida specializing in Martin County Residential Homes, Condos and Land Sales - Stuart, FL
Stuart Florida Real Estate

Thanks Charles, will take a look and add my John Hancock!

Oct 27, 2011 12:35 AM
Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional

Sorry, I don't agree.

There has to be a penalty for walking away from a mortgage. If a borrower has the abilty to pay, why in the world would anyone continue to pay if they could get another house cheaper.

In my opinion, this would only make matter worse.

Oct 27, 2011 12:37 AM
Laura Giannotta
Keller Williams Realty - Atlantic Shore - Little Egg Harbor, NJ
Your Realtor Down the Shore!

I agree with Richard, however I think NAR should be working with the feds and lenders to streamline the short sale process and institute rules that apply industrywide and encourage investors.  Also something must be done to expidite the process, particularly when a job transfer is invovled. 

Oct 27, 2011 01:12 AM
Charles Dailey
iLoan - NMLS ID#4474 - Saint Paul, MN

Mystery commenter - Eliminating the due on sale clause would involve an important protective covenant.  Someone can currently convey a property on a lease option to buy or contract for deed but it requires the lenders consent.  They should retain that right.

Gabe - Thanks Gabe; good to see you again.

Richard - I’m not sure I agree on your first point but we’re on the same page for the second point.  If a borrower has the ability to pay, I should think that his/her lender would have reviewed that and noticed when evaluating their short sale package.  As a consequence, they should have been denied for that short sale.  If they weren’t then clearly their lender was stupid and what can I say, it’s expensive being stupid.  To your second point, there are guidelines that they can implement that will prevent people from using these changes to take advantage of the marketplace.  I reference them in bullet point 3.  They need to be clearer but they do work to dissuade people who might otherwise simply be taking advantage of the market.

Laura - NAR could really make a difference here and great point on the job transfer.  We have a mobile workforce and a significant chunk of them have a negative equity anvil tied to their ankle.  

Oct 27, 2011 04:49 AM
Ruth Zeiss
Berkshire Hathaway HomeServices NE Properties - Southbury, CT
Handing You the Keys to Your Future

I agree whole heartedly with points 1 & 3.  I asked in an earlier blog what happens to short sellers who never missed a payment & there was no answer.  My listing expired because my sellers weren't going to trash their credit just to get out of a mortgage on a house that was now too small for their needs.  Why are people like this being held hostage?

Unfortunately for the mortgage holders that missed their payments before going to short sale, they should have to wait a longer period of time to buy again with the intention of getting their financial houses back in order.  Maybe they should be required to attend home ownership classes so they don't get themselves into trouble again.  People forget there's more to owning a home than just paying the mortgage & taxes which may be why so many of these short sales have been so poorly maintained from the get go.

On a happier note, I've heard that banks in the midwest are finally negotiating with underwater mortgage holders to keep them in their homes.  It's about time.  How many short sale & bank owned properties have we all shown that were either trashed on the owner's way out of the door or vandalized by the locals once the house was empty?  These homes have become a blight on their towns and a drag on the private seller market by artificially deflating appraisals for move in ready homes.

Thanks for the blog.

Oct 27, 2011 05:18 AM
Charles Dailey
iLoan - NMLS ID#4474 - Saint Paul, MN

Ruth - I'll shoot you an email with an answer to your question that didn't get answered in an earlier blog.  Your homeownership class idea is a great one!

Oct 27, 2011 05:31 AM
Lloyd Binen
Certified Realty Services - Saratoga, CA
Silicon Valley Realtor since 1976; 408-373-4411

Charles,

Why would you want to by pass Congress on issues that impact all taxpayers?  This isn't China.  By passing Congress does not sound democratic to me.   

Oct 27, 2011 10:31 AM
Anonymous
Anonymous

Lloyd - It's not bypassing congress when the authority to do these things already lies with the executive branch.  In fact, congress is who delegated this authority to manage these things to the executive in the first place.  

Oct 27, 2011 10:48 AM
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