IS JIMMY “HAFA” ALIVE AND WELL?
We are attorneys in Washington State. We practice throughout Washington emphasizing, during our Recession, distressed homeowner client assistance. We negotiate short sales and work closely with Real Estate Professionals throughout the state.
WHERE IS JIMMY “HAFA”?
HAFA is a government program that was designed to change the way that short sales are conducted. It will, but I am discovering every day more and more impediments to this program that provides seller assistance to short sales. I am publically announcing AGAIN, as I did last November when word of the program came out:
IT WILL BE EFFECTIVE, BUT FAR LESS EFFECTIVE THAN ANYONE ANTICIPATED WHEN THE PROGRAM WAS FIRST ROLLED OUT!!!!
MANY ARE CALLED BUT FEW ARE CHOSEN:
In order to qualify for HAFA, one has to qualify for HAMP and fail or reject that opportunity. [HAMP is the government sponsored loan modification program]. Well let’s look at some hard statistics for HAMP right from the government:
1. 80% of those that apply will fail to get an actual final loan modification. [Only 20% will succeed.]
2. 64% of those that do get a loan modification will fail after nine (9) months.
So HAMP has been a complete failure. There are lots of fingers being pointed and this memo does not try to ascertain why that program failed. IT HAS FAILED!
So if one applies for HAFA one can expect many of the same problems to the point that we expect that a year after implementation, HAFA statistics will parallel those of HAMP above.
LOTS OF “TRIP-WIRES” FOR HAPA DIS-APPROVAL:
Many reading my writing here will not believe what I say, as they believe what the government is telling them and that this is the best program since the beginning of time. IT COULD BE, BUT IT ISN’T. IT WON’T BE. WHY?
INITIAL FIVE PART TEST FOR HAFA:
There is a 5 part test to get into HAFA (and it’s the same 5 part test to get into HAMP). However, they are NOT the only criteria that need to be met. What is that 5 part test?
1. Must be owner occupied [that knocks out a whole group of customers doesn’t it?];
2. Must be a loan not greater than $727,250.00 [Normally not an obstacle for the masses].
3. Must have been taken out before January 1, 2009 [This has only come up 5 times for me in my practice].
4. Must be in default or imminently in default.
5. Payment amount must be greater than 31% of gross income [First loan only plus reserves].
Meet that test? Are you in??? Wait. Watch out as you are only at the beginning and there are many “trip-wires” that can throw you out of the program and not have HAFA available. [By the way at Bank of America says if your HAFA application is rejected for any reason you get to start out at the beginning for a traditional short sale application. I see that occurring with other servicing companies as well].
MORE “TRIP-WIRES”…………………
PMI:
So you have one loan and let’s say that there is PMI [Private Mortgage Insurance]. If the PMI Company does not agree to release liability, you are OUT of HAFA!!! Many of the PMI companies are not agreeing to go along with HAFA. Remember that they do NOT have to. It is voluntary.
SECOND MORTGAGES:
If the holder of a second mortgage doesn’t agree to release the borrower of the debt, you are OUT of HAFA!!! [Many of the lenders we deal with are telling us that they will only involve themselves with HAFA on a case by case basis. Many others say that by policy that they will not be involved in HAFA]. This doesn’t KILL a short sale. It takes us back to negotiating it as a traditional short sale.
MINIMUM NET PROCEEDS:
You have to read the Regulations concurrently with the forms as well as talking to the various banks daily and we find that there’s a SECRET in the program. It’s not a real secret. It’s a fully exposed secret that is contained right smack dab in the program announcement paperwork.
What’s the secret? They can tell you what price to sell the property, but the servicing company is precluded from telling you their minimum net proceeds amount. It’s a secret. [Keep in mind that in the short sale negotiation business in our practice, this is all we talk about with lenders day in and day out].
Say you go out and get the new Listing Price and you, as an agent, are all ready to sell the property at the price offered and life is good. Heck you come in with a price for the property at or around the Listing Price, but [within 10 days] you find your offer is REJECTED. It didn’t meet the MINIMUM ACCEPTABLE NET PROCEEDS (MANP). This is in the program, I did not invent this. You included seller costs that were not approved!!! The structure of your deal made it fail. As a result, you will be severely limited in how you structure a HAFA short sale.
WAHINGTON IS A PECULIAR STATE:
You see, we have this huge 1.78% transfer tax. In most cases when we start talking about a deal with a national lender we are always trying to see if we can get it done with 10% closing costs as that is what the lenders like at “first triage”. However, we are a 12% state because of that pesky transfer tax. It causes national lenders havoc on a regular basis. It will create a real problem for HAFA as well.
The HAFA program is a national program attempting to apply to all states with many different ways of doing business in each individual state especially Washington. It is tough to get all the typical seller costs contained into those that are approved by HAFA and still meet the Minimum Net Amount without having a transaction that probably won’t fly because it won’t be able to meet the economic needs of many purchasers. Some deals will fly, but many will not fit into the constraints of this program. It will take a pretty “vanilla” deal to make it through HAFA guidelines. I don’t know about you, but our office never gets any of these “vanilla” deals during this recession.
You see there are ONLY CERTAIN ALLOWABLE expenses of sale. Read the list and you will find that many of the types of concessions and other matters that constitute the vast majority of our short sale deals will actually KILL the deal!!! [Keep in mind that we always have traditional short sales still available to us].
1. Seller has large amount of unpaid taxes? [Probably a deal killer at least for HAFA].
2. Seller concessions for buyer closing costs? [Probably a deal killer at least for HAFA].
3. $3000 relocation assistance is part of the costs of closing at least according to HAFA and makes it affect that magic net amount to the lender. [That is the secret amount].
4. Home Owners Fees due? [Anything of any substantial amount will probably be a killer].
5. Utility charges? [Again anything above normal will probably be death to a HAFA deal].
SO WHY AM I UP ON MY SOAP BOX?
I am happy to have any program that can facilitate short sales. However, I am duty bound to tell our Real Estate Professional partner when I see more and more signs that there are major defects in this program that can cause you problems.
We are heavily involved in HAFA applications right now as we want a complete record of each and every lender’s approach to the program so we can properly and timely advise our clients and Real Estate Professionals.
DON’T PROMISE MORE THAN YOU CAN DELIVER:
We are very cautious with sellers, but we are taking advantage of this program for anybody that we can make qualify.
We are NEVER guaranteeing the $3000 relocation assistance as we see so many occasions where that can be eliminated and it’s amazing that the sellers seem to have such vivid recollection of that aspect of the program more than anything else.
FANNIE HAFA is different from FREDDIE HAFA and both are different from non-Fannie and non-Freddie HAFA. We investigate for each client we consult with which specific program MAY apply to them.
All these changes and all these new programs out there can create new challenges for you as Real Estate Professionals. We work with this stuff 18 hours a day and it’s sometimes difficult for us to make certain that we have all these programs under our belts. However, as this is what we do, we must have the knowledge and it must be complete.
WHERE IS JIMMY “HAFA”?
He’s everywhere it seems right now. Our office and our attorneys know all the rules and regulations and we can assist you and your clients through HAFA or traditional or anything that has to do with loan modifications, short sales, foreclosure and bankruptcies.
We’re good at what we do and we’re not afraid to stick our opinions out in the market when “it needs to be said”.
CONSULTATIONS ALWAYS AVAILABLE:
We meet with sellers (and you folks too) for a fixed fee of $150.00 to go over all aspects of distressed property transactions. Give our people a call and set up a consultation in-person, by phone or by video conferencing. Just call 253-284-3838 and press “1” to speak with one of our paralegals.
Regards,
Ed McFerran
McFerran, Burns & Stovall, P.S.
Attorneys at Law
3906 South 74th Street
Tacoma, WA 98409
253-284-3838 (Short Sale Hotline)
1-800-236-4948