Changes to Fannie Mae and Freddie Mac Short Sales

By
Real Estate Attorney with federalfinanciallawgroup.com

There are changes looming in the guidelines which Fannie Mae and Freddie Mac utilize relative to the multiple listing services (MLS). Beginning August 1st, each new short sale listing must maintain an “active” status for a minimum of five days. Additionally, the five days must include a weekend.

“Along with our regulator, the Federal Housing Finance Authority (FHFA), we decided to take this step in response to Realtors’ concerns,” says Jane Severn, director of marketing at Fannie Mae. “We’ve had cases where a short sale property is listed in the MLS as ‘active’ and, in less than an hour, it goes into ‘pending’ status.”

 

“Realtors should identify any short-sale listings that would require approval by Fannie Mae or Freddie Mac,” Grant says. “If the new rules apply to a listing added to the MLS after Aug. 1, we recommend that agents put a disclaimer in MLS comments telling cooperating brokers that the seller must keep the listing active for five days, including a weekend. This disclaimer would allow cooperating agents to structure their offers accordingly.”

Grant says it’s important to remember two things: that the new rule only affects Fannie Mae and Freddie Mac short sales; and, though it directly affects sellers, it also indirectly impacts buyers’ offers.

fannie mae short sales

Severn says Fannie Mae wants their “short sale listings to be marketed in a manner that allows the market to see the listing.” She notes that their current policy for properties Fannie Mae owns (REO listings) reflects the same philosophy since Fannie Mae won’t evaluate offers until the listing has been in the MLS and “active” for at least three days.

Under Fannie Mae and Freddie Mac’s rules, the short sale property must be listed in an MLS that covers its geographic area, and a printed copy of the property’s MLS listing must be kept on file. If a property is located in an area not covered by an MLS, it must be advertised in a manner customary for the same period of time – at least five consecutive calendar days that includes one weekend.

 

Paddy Deighan JD Ph.D

 

http:://www.homesavers.pro

Comments (28)

Fernando Herboso - Broker for Maxus Realty Group
Maxus Realty Group - Broker 301-246-0001 - Gaithersburg, MD
301-246-0001 Serving Maryland, DC and Northern VA

Now.. if we can just impose a rule for them. ..when offer is pesented. .you have 5 days to respond. .

Jul 14, 2013 10:47 PM
Ella Reape, Realtor 603-821-1140 ~ Selling Homes Throughout Southern New Hampshire
Keller Williams Realty Nashua NH - Nashua, NH
Luxury Homes Division, Keller Williams

I think the 5 day rule will help ensure that  the market will set the appropriate selling price and not just the first offer

Jul 14, 2013 10:48 PM
Brien Berard
Remax Professionals Laurel MD - Laurel, MD
Maryland Real Estate Agents - Laurel Real Estate

Short sales are still a mess, just a mess. 

Jul 14, 2013 10:55 PM
Mike&Marie Edwards
Estes Village properties & Plains Real Estate in Greely/Windsor - Fort Collins, CO
"We Bring You Home To Colorado"

Thank you for the information. Five days gives everyone a chance

Jul 14, 2013 11:10 PM
Lyn Sims
RE/MAX Suburban - Schaumburg, IL
Schaumburg Real Estate

Well I guess I must disagree as all our REO's here in IL offer 7 days minimum to the market & who cares about weekends! I have to laugh because every time there is that notice the house sits on the market for over 30.

Jul 14, 2013 11:59 PM
Dwight Puntigan
DRP Realty, LLC - Saint Peters, MO
Dwight Puntigan

Fernando, the door should swing the same distance both ways.  If the market gets 5 days, then give the note holder 5 days before automatic offer acceptance.  That woould make a change.

Jul 15, 2013 12:06 AM
Andrew Mooers | 207.532.6573
MOOERS REALTY - Houlton, ME
Northern Maine Real Estate-Aroostook County Broker

Great helpful post that explains much.

Jul 15, 2013 12:53 AM
Harry F. D'Elia III
RentVest - Phoenix, AZ
Investor , Mentor, GRI, Radio, CIPS, REOs, ABR

Thanks for the update when it comes to the new change. See how that works going forward.

Jul 15, 2013 12:55 AM
RC Cutcher
Texas Landmark Properties - Round Rock, TX

Sounds like a helpful time period and policy.  So many Realtors are still in their first dozen Short Sales ... they don't recognize the Scam Investor Offer that comes through the door on the first day.  The buyer agent who has some experience will at least have a few days to try and make the Listing Agent aware of the problem of risking their Seller's future on a first day exotic finance offer.

Jul 15, 2013 01:22 AM
Bill Reddington
Re/max By The Sea - Destin, FL
Destin Florida Real Estate

Lots of times they will not accept investor offers for 15 days. Like everything the rules are changing.

Jul 15, 2013 02:01 AM
Steven Cook
No Longer Processing Mortgages. - Tacoma, WA

Paddy -- thank you for helping us all keep abreeast of all these changes.  As Fernando (#9) and Dwight (#14) comment, giving the FMs five days to accept/decline the offer or it is automatically counted as accepted would be a BIG game changer, and help move short sales considerably.  

It is nice to see they are working to keep folks from having short sales as only "pocket listings", and thus help reduce losses to guaranteeing organizations.

Jul 15, 2013 03:01 AM
Graziella Bruner
NCS Premier Real Estate - Detroit, MI
Associate Broker - Serving Wayne & Oakland County

Great post and thanks for the update.  Rules and more rules.  Short sales and more short sales, there's nothing short about them.  We just have to go with the flow and get to closing. 

Jul 15, 2013 03:06 AM
Paddy Deighan MBA JD PhD
federalfinanciallawgroup.com - Vail, CO
Paddy Deighan J.D. Ph.D

I do think that the 5 day rule is helpful but I cannot help but think that the length of time should be longer...

Jul 15, 2013 04:42 AM
Julie Brown
Steffes Group, Inc. - Mount Pleasant, IA
Broker-Associate, Mt. Pleasant, Iowa

Great information.  Thanks for sharing.  It will be interesting to see how some unethical realtors try to find a way around it so their buyer doesn't have to compete while it is held on the market.

Jul 15, 2013 05:01 AM
Gary Frimann, CRS, GRI
Eagle Ridge Realty / Signature Homes & Estates - Gilroy, CA
REALTOR and Broker

I read about this, and I hope it spills over into other non-GSE loans as well.  Now, what in the heck are all those unethical agents going to do with their "pocket" buyers who are looking for a deal?  How can they ever double end another deal ever again?  It is going to impact some brokerages in my area, thank goodness.  I don't know why this was not done a long time ago.  I guess no more $1,000 "bribes" to those unethical agents doing a BPO for their friend in their office to keep the price low, thus destroying neighbohood values.

Jul 15, 2013 05:06 AM
Ingrid Johnson
The Russell Realty Group - Boston, MA

Yes it may help due to all the side transaction/s that happen with the listing brokers, yes short sales are still a hot mess..

I lost many deals from Brokers and Their Unethical Ways.... Thanks for The Post... 

Jul 15, 2013 09:38 AM
Julie A. Black
KAUAI DREAMS REALTY Kauai Real Property Specialist - Kapaa, HI
CLHMS, CRS, GRI, Realtor, Broker

It's a good policy that most banks should adopt on both their short sale & REO properties.

Jul 15, 2013 10:33 AM
Ralph Gorgoglione
Maui Life Homes / Metro Life Homes - Kihei, HI
Hawaii and California Real Estate (310) 497-9407

Thanks for sharing this important information. Five days will allow for more than one potential buyer to place a bid.

Jul 15, 2013 10:49 AM
Sharon Alters
Coldwell Banker Vanguard Realty - 904-673-2308 - Fleming Island, FL
Realtor - Homes for Sale Fleming Island FL

Paddy, if they would also make it for owner-occupants only, that would stave off some of the big boys...

 

Jul 15, 2013 01:10 PM
Paddy Deighan MBA JD PhD
federalfinanciallawgroup.com - Vail, CO
Paddy Deighan J.D. Ph.D

I am surprised at how much impact these changes will make...I am happy to hear this as it is nice to see the government do something right for a change

Jul 16, 2013 05:24 PM

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