By Chad Huebener
With short sales and foreclosures consuming about 50% of our marketplace, and the short sale process being a lengthy, tedious process, the Obama Administration released a couple programs under its Making Home Affordable Program.
The first piece, the Home Affordable Modification Program (HAMP) took effect in March 2009 and was designed to help borrowers avoid foreclosure by modifying loans to a level that is affordable and sustainable for the long term. Some troubled borrowers could not qualify under the modification program, and found themselves facing foreclosure or having to sell “short”.
The hurdle with selling short was lender responsiveness. Short sale pricing can be deceiving because the price on a short sale is not necessarily the price the lender is willing to accept, and in most cases, the price a lender is willing to accept is unknown until an offer is submitted. The process can easily take four months or longer as buyers await lender response on offers.
A new program called HAFA (Home Affordable Foreclosure Alternatives Program) goes into effect on April 5, which provides incentives in connection with short sales and deeds-in-lieu of foreclosure and has the goal to speed the short sale process. In a nutshell, it puts the short sale process on a tight timeline.
HAFA is designed to assist those who are eligible for HAMP but nevertheless unable to keep their home. It uses the borrower and financial hardship documentation already collected under HAMP and allows borrowers to receive pre-approved short sale terms before listing the property. This takes the “unknown” out of short sale pricing.
HAFA requires borrowers be fully released from future liability for the first mortgage debt and, in cases, from subordinate mortgage debt as well. It also provides financial incentives including covering up to $1500 for borrower moving assistance.
The program sunsets on December 31, 2012.
Who is eligible for HAFA?
· Principal residence
· First lien originated prior to 2009
· Mortgage delinquent or default is reasonably foreseeable
· Unpaid principal balance of no more than $729,750
· Borrower’s total monthly payment exceeds 31% of gross income
Other pertinent details
· The deal must be “arms length”. Borrowers cannot list the property or sell it to a relative or someone with a close personal or business relationship.
· The amount of forgiven debt might be treated as income for tax purposes.
· The lender will report to credit agencies that the mortgage was settled for less than full payment, so credit scores will be impacted.
· Buyers cannot reconvey the property for 90 days.
As with all of assistance programs, controversy is eminent. And as always, the impact (good or bad) on the US economy will be unknown until these programs are well underway, if not expired completely.
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