We’re the Treasury- We’re Here To Help You With Short Sales (kinda)

Lani recently wrote a post referencing HAMP, and today I received some additional information that I thought would be nice to share with the class.

Enter:  The Home Affordable Foreclosure Alternatives Program

On November 30th a Supplemental Directive was published by the Treasury Department that created a program incentivizing Lenders (Servicers) and Borrowers.  The Press Release does a good job of giving an overview but the real information is contained in the very lengthy Directive.  This program address’ both short-sales and Deed in Lieu of Foreclosures, but I am only writing about the short-sale part in this post.

The HAMP program offers incentives for the Borrower, Servicer and Investor should the Short Sale (or Deed in Lieu of Foreclosure) be processed in accordance to their guidelines.  The HAMP program is for those programs that are not already Freddie of Fannie Mac backed loans.  Freddie and Fannie already have their own guidelines.  Even though this program does not effect Fannie Mae, they have been selected as the “Financial Agent for the United States” to administer this program.

The program has some fantastic benefits, but (here’s the kicker) the incentive to use this program seems to be nominal.  According to page 12 of the Directive “The servicer will be paid $1,000 to cover administrative and processing costs for the Short Sale….” and the investor will get “…a maximum of $1,000 for allowing a total of up to $3,000 in short-sale proceeds to be distributed to subordinate lien holder, or for allowing payment of up to $3,000 in subordinate lien holders.  This reimbursement will be earned on a one a one-for three- matching basis.  For each three dollars an investor pays to secure release of a subordinate lien, the investor will be entitled to one dollar of reimbursement”.

The real benefit is to the borrow who gets $1,500 if they have vacated the house at the time of closing the short-sale.  This is labled a “relocation assistance payment”.

The program begins April 5, 2010 (but some applications can be processed prior) and sunsets December 15, 2012.

What’s the Dets?

Ok, so lets say that the Servicer and the Investor decide that the reimbursement above IS enough money to justify the program requirements, here are some highlights of the requirements:

Benefits for the Realtor and Buyer

• Borrower to receive pre-approved short sale terms prior to the property listing
• The Servicer cannot negotiate Realtor Fees under 6% (just like Fannie and Freddie)
• Requires that Borrowers be fully released from future liability for the debt
• Provides the aforementioned financial incentives to all parties
• Servicer must consider reasonable and customary real estate transaction costs for the community
• 120 Days to sell the home with pre-listing approved terms
• Home MUST be listed with a licensed real estate professional who is regularly doing business in the community where the property is located. (I love that one)

Servicer Requirements

• Short-sale must be an arm’s length transaction
• Servicer must proactively notify the borrower in writing of the availability of this program
• The Servicer must independently assess the current value of the property.
• Must establish minimum acceptable net proceeds before approving borrower for the program
• May NOT complete a foreclosure sale while:
  • Determining the Borrower’s eligibility
  • While awaiting the return of the request
  • During the term of the term of executed short-sale approval
  • Pending transfer with an approved contract

Other Considerations

• Buyer of the short-sale must agree to not attempt to sell the property for 90 days after purchase
• Notice must be given to Borrower that there may be negative credit repercussions, etc…
• Items needed to request a Short Sale Approval
  • Copy of executed sales contract and all addendums (not just the docs the agents want the lender to see)
  • Buyers Pre-Approval Documentation
  • Status of all subordinate liens

Cause for Termination of Approval

• Borrower’s financial situation improves
• Listing Broker or Borrower fail to act in good faith in listing, marketing and closing the sale
• Significant change occurs in the property condition or value
• Evidence of fraud
• Borrower files for bankruptcy

There are also timelines for processing of the short-sale.  The Borrower has three days to get the contract to the Servicer after ratification.  The Servicer than has ten days to approve the “Request for Short Sale Approval” so long as all required documents are in.

My Take

Please read the source documents carefully, because this post is just to outline what I found interesting and how I perceived it’s contents.

I would love to see all of this be a requirement to all lenders and not just a optional program.  I’m not convinced that there is enough incentive to cause the Servicer to use this program, but I may be wrong.

These are good and lofty policies, but how practical are they really?  How are they going to be enforced and how are practitioners going to know they are available without asking?