Earlier I wrote about how the federal government was going to institute the Home Affordable Foreclosure Alternatives ("HAFA") program that is aimed at streamlining the short sale process specifically for properties with mortgages owned or guaranteed by Fannie Mae or Freddie Mac.
As it currently stands for most buyers considering short sales, they have had to wait weeks and even months before hearing back from lenders regarding whether or not short sales will be getting approved. HAFA intends to change that. Even though, for the most part, HAFA impacts lenders and homeowners of the subject properties, buyers will also be affected by these new rules.
For example, as a buyer, you will now need some sort of proof of funds in the form of a verification or pre-approval letter, that will need to be provided to the lender within three days of the lender’s receipt of your offer. Additionally, lenders will now be required to approve or deny an offer made on a short sale within 10 business days of receipt. The impact of this is huge! This means no more months of waiting.
Furthermore, buyers will be affected by HAFA in that the new program will require settlement to take place within a reasonable period of time after the offer is made. More specifically, a lender may not require less than 45 days from the date of the sales contract for a closing, without the home seller’s consent. This again will be reducing the total time spent on a "short sale deal."
As a buyer of a short sale, you will also be required to maintain ownership of the property for at least 90 days. This "seasoning" period is intended to avoid "flipping" and inflated prices for these properties. Finally, as a buyer of a short sale property, you will not be able to be related to, have a close personal or business relationship with the seller. Violation of these rules and guidelines may result in the loss of the property as well as other legal ramifications.
All in all, HAFA is hoping to achieve the end result of preventing foreclosures from inundating the market and facilitating the process involved in buying, selling and approving short sales. In doing so, it is hoped that we will be once again on a steady road to recovery. Once the process is streamlined and simplified so sellers, buyers and professionals can work together with greater ease, the real estate market will necessarily begin to grow and experience the health that it once did.
CRESTICO is a full-service Real Estate Brokerage and Mortgage Lending firm in Los Angeles, California.
CalDRE 01861921- NMLSR ID 275201 – DBO-CFLL 603L103
