Home Affordable Foreclosure Alternatives

Apr 5, 2010

Important Note About HAFA:

Expect the HAFA program details, rules, guidelines to be updated frequently. We will keep you ahead of the curve and provide you real time short sale coaching. Its our belief that HAFA is the single biggest step taken since the impolsion of the housing market to help homeowners. This new program will help homeowners who are unable to retain their home under the Home Affordable Modification Program (HAMP), provides incentives in connection with short sales and deeds-in-lieu of foreclosure.


We know for a fact that the lenders servicer?s are now contacting the borrowers they have deemed to be most likely to be headed for default. On other words, lenders are proactively promoting to their borrowers doing a Short Sale (or DIL). Banks are not only initiating the Short Sale process  but, they are also literally pre-approving the home as a short sale. BEFORE you list the home, the banks will have collected the Short Sale paperwork, priced the home and educated the borrower on the Short Sale process


Section 3: HAFA and HAFA F.A.Q.s:


TIMELINE


Notification If a servicer has not already discussed a short sale or DIL with the borrower, it must notify the borrower in writing of these options and give the borrower 14 calendar days to respond, orally or in writing. If the borrower does not respond, that ends the servicers duty to give a HAFA offer.


Servicers must consider HAMP-eligible borrowers for HAFA within 30 days after the borrower does at least one of the following:


Short Sale Agreement


The borrower has 14 calendar days from the date of the Short Sale Agreement (SSA) to sign and return it to the servicer. The SSA must give the borrower an initial period of 120 days to sell the house (extensions permitted up to a total of 12 months).


Purchase Offer


Within 3 business days of receiving an executed purchase offer, the borrower (or agent) must submit a completed Request for Approval of Short Sale (RASS) to the servicer, including

a copy of the sale contract and all addenda

buyer documentation of funds or pre-approval/commitment letter from a lender

all information on the status of subordinate liens and/or negotiations with subordinate lien holders.

Within 10 business days after the servicer receives the RASS and all required attachments, the servicer must approve or deny the request and advise the borrower.


Closing


The servicer may require the closing to take place within a reasonable period after it approves the RASS, but not sooner than 45 days from the date of the sales contract unless the borrower agrees.

The servicer must release its first mortgage lien within 10 business days (or earlier if required by state or local law) after receipt of sales proceed from a short sale or delivery of the deed in the case of a DIL. Investor must waive rights to seek deficiency judgments and may not require a promissory note for any deficiency.


FAQs


HAFA is a complex program with 43 pages of guidelines and forms. To help you better understand the process, NAR has prepared some frequently asked questions that address the basics.


Who is eligible for HAFA?


The borrower must meet the basic eligibility criteria for HAMP
:


How is the program being implemented?


Supplemental Directive 09-09 (November 30, 2009) gives servicers guidance for carrying out the program. A short sale agreement (SSA) will be sent by the servicer to the borrower after determining the borrower is interested in a short sale and the property qualifies. It informs the borrower how the program works and the conditions that apply.


After the borrower contracts to sell the property, the borrower submits a request for approval of short sale (RASS) to the servicer within 3 business days for approval. If the borrower already has an executed sales contract and asks the servicer to approve it before an SSA is executed, the Alternative RASS is used instead. The servicer must still consider the borrower for a loan modification.


What are the steps for evaluating a loan to see if it is a candidate for HAFA?

1. Borrower solicitation and response

2. Assess expected recovery through foreclosure and disposition compared to a HAFA short sale or deed in lieu of foreclosure (DIL)

3. Use of borrower financial information from HAMP

4. Property valuation

5. Review of title

6. Borrower notice if short sale or DIL not available (to borrowers that have expressed interest in HAFA).


What are the HAFA rules regarding real estate commissions?


The guidance states that a servicer may not require a reduction in the real estate commission below the amount stated in the SSA, up to 6%.


What else should I know?


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