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HAMP, HAFA too many acronyms, lots of HOOPS

HAFA HAMP, too many letters, lots of HOOPS
The HAFA (Home Affordability Foreclosure Alternatives) program is actually starting to take off.  I have a couple files where the banks have given me their guidelines and I am trying to get my sellers accepted.
The payoffs of jumping thru their hoops can be rewarding, if you know what to expect and how to react.  You can actually come out of this with some cash!
I am going to blog for the next couple weeks on how you can decide if the program will work for you.
First off, you have to be eligible for HAMP in order to be let into the HAFA program.
HAMP  stands for Home Affordable Modification Program aka loan mods.
(this program was a failure, if you did not know already, but the requirements have not changed.)
Eligibility Requirements:
*Loan is owned by FreddieMac or Fannie Mae or is administered by a participating servicer (however, some investors do not permit modifications regardless of servicer participation)  To look up your mortgage to find out this information, go here www.makinghomeaffordable.gov/loan_lookup.html  and here, www.makinghomeaffordable.gov/contact_servicer.html
It is important to remember that not all services or investor HAVE to participate.  It is a voluntary program for them.
*Homeowner occupies the home as their primary residence.
*First mortgage is in foreclosure, payments are delinquent or are going to be very soon.
*Your loan has to have closed before 1/1/2009
*Loan amount is $729,750 or less (for single unit).  Where the heck did they come up with that number?
*Loan has not been previously modified under HAMP.
*First mortgage debt-to-income ratio is over 31%  (take mortgage amount and divide by your take home pay)
Well, that is enough homework for one day.
In a few days, I will let you know what hoops to jump thru for HAFA

Red Circus lady w hoops

The HAFA (Home Affordability Foreclosure Alternatives) program is actually starting to take off.

The payoffs of jumping thru their hoops can be rewarding, if you know what to expect and how to react.  You can actually come out of this with some cash!

I am going to blog for the next couple weeks on how you can decide if the program will work for you.

First off, you have to be eligible for HAMP in order to be let into the HAFA program.  HAMP  stands for Home Affordable Modification Program, aka loan mods.  (this program was a failure, if you did not know already, but the requirements have not changed.)

Eligibility Requirements:

*Loan is owned by FreddieMac or Fannie Mae or is administered by a participating servicer.  To look up your mortgage to find out this information, go here www.makinghomeaffordable.gov/loan_lookup.html and here, www.makinghomeaffordable.gov/contact_servicer.html It is important to remember that not all servicers or investors HAVE to participate.  It is a voluntary program.

*Homeowner occupies the home as their primary residence.

*First mortgage is in foreclosure, payments are delinquent or are going to be very soon.

*Your loan has to have closed before 1/1/2009

*Loan amount is $729,750 or less (for single unit).  Where the heck did they come up with that number?

*Loan has not been previously modified under HAMP.

*First mortgage debt-to-income ratio is over 31%  (take mortgage amount and divide by your take home pay)

Well, that is enough homework for one day.

Frozen by Stress?

Deer in HeadlightsWe have all been there.  I think.  I know I have been there.  Faced with a situation as stressful as the possibility of losing a home is compared to the same amount of stress as a close friend or family member dying.

The stress is worse if the homeowner is unaware of the consequences and options surrounding their decisions.  It is easy to fall into a semi coma of denial.  Hours turn into days, days turn into weeks.  Conflicting opinions on the internet only seems to add more stress to the situation.  So, it is easier to not do anything.

Many home owners I meet have that “deer in the headlights” look.  I feel it is my responsibility to be very candid about their options and the possible outcomes of their decisions.  We look first to see if the home can be saved if the homeowner wants to stay.  We look into lease options, subject to options, and selling the home outright.  Short sales and loan mods are always on the list to consider.  And what the heck are all these government programs that are supposed to save us?  It depends upon what is best for them, and what is in their comfort zone.

Information is free, I am glad to talk to anyone that has questions about all the in’s and out’s of foreclosure and short sales, and how they will affect you.  Give me a call,

Sally

303-400-4357

HAMP HAFA and Freddie Mac HOOPS


Here are the requirements if you loan is owned by Freddie Mac. (see last blogs on instructions to find out if this is you)

The requirements to be eligible here are the same as HAMP EXCEPT:

*You must be 60 days delinquent. (Does not consider imminent default like Treasury’s HAFA program and Fannie Mae HAFA program)

*You must be first considered for HAMP and other Freddie Mac home retention programs but you are either ineligible, did not complete or declined the modification (unlike Treasury’s HAFA program)

*Your cash reserves must be less than the greater of $5,000 or 3 times current monthly mortgage payment. Again, do not have a chunk of change laying around.

Incentives to jump thru these hoops are the same for Freddie and Fannie:

*Servicer receives $2,200 for successfully completed HAFA short sale.
*Seller (you) get $3,000 for relocation expenses after a completed HAFA short sale.
*Jr lien holders get 6% of the outstanding unpaid principal balance of each subordinate lien in order priority with and aggregate total of $6,000 to all lien holders.
*Requires release of lien and satisfaction of underlying debt.

So, Hoop it up if you meet any of these requirements on my last few blogs. You may be getting some cash with a short sale, and avoiding that nasty foreclosure!

I think the guys jumping off the roof, may be friends on my kids….

HAMP HAFA and Fannie Mae HOOPS

Business men and hoopHere are the requirements if you loan is owned by Fannie Mae. (see last blogs on instructions to find out if this is you)

*To be eligible, the requirements are the same as HAMP (again see last blogs to see if you qualify), EXCEPT borrower must be evaluated for a HAMP modification PRIOR to being considered for HAFA. Sorry this part will be painful. Applying for a loan mod always is!

*Fannie Mae must give prior written consent for you to be eligible if your foreclosure sale is within 60 days of HAMP denial, or the sale date is within 60 days of HAFA short sale request. So, act quickly. Don’t get too far behind in your payments.

*You cannot have more than $5,000 in cash reserves or 3 times current monthly mortgage payment.

*You cannot have the ability to contribute meaningfully to reducing potential loss on the mortgage loan. If you have a chunk of change hanging around, they are going to want it!

*You cant just walk away. If you can afford the place, you cannot participate.

*Fannie will not pay fees to people who actually do all the work and negotiating, me, to be exact. Short sales are brutal, and there should be an extra fee for making me or any other negotiator get all the paperwork together, keeping track of everything making sure the transaction does not blow up.

Incentives to jump thru these hoops are the same for Freddie and Fannie:

*Servicer received $2,200 for successfully completed HAFA short sale.
*Seller (you) get $3,000 for relocation expenses after a completed HAFA short sale.
*jr lien holders get 6% of the outstanding unpaid principal balance of each subordinate lien in order priority with and aggregate total of $6,000 to all lien holders.
*Requires release of lien and satisfaction of underlying debt.

More HOOPS: HAMP, HAFA, FHA, Freddie, Fannie and the Treasury

Hoops, 3 circus kidsIn my blog titled HAMP, HAFA too many acronyms, lots of HOOPS uploaded 8/25, we discussed how to find out if you are eligible for the governments new HAFA (Home Affordability Foreclosure Alternatives) Program.  Look to see if you are eligible for HAMP, then find out who owns your loan, who your servicer is, and if they are participating.  (See blog titled: HAMP, HAFA too many acronyms, lots of HOOPS)

Fannie, Freddie and FHA own about 85% of all loans in America.  If you are headed into trouble, it could be worth while to look into this program.  Currently, FHA loans are not participating in the HAFA program.
Fannie, Freddie and the Treasury have many similar traits, but there are differences.
TREASURY’S PROGRAM
Homeowners can receive Pre-Approved Short Sale Terms (including minimum net required) BEFORE listing the property.  This means we will not have to guess on how much the bank will take for an offer on your home.  This will mean fewer hoops, for this part anyway.
Uses the homeowner financial and hardship information already gathered for HAMP application.
*Prohibits servicers of 1st mortgages from reducing real estate commissions, but they cannot exceed 6%.  The realtors I know work hard.  They deserve the commission, especially if negotiating a short sale!
*Requires release of future liability for the homeowner for the 1st mortgage debt.  This is big, they cannot come after you for money in the future.  Ever.
*Jr liens must also release liability upon accepting program’s contribution per formula (6%of principle balance up to aggregate of $6,000 total to jr lien holders) Only bad part of this is, if the jr lien will not let go, the property will go into foreclosure.  Then they get nothing, but banks do not usually make sense.
*Standardized process, uniform documents and timelines/deadlines.  WhooHoo says Sally.  Can’t tell you what a nightmare it is to keep up with all the different forms that currently are being requested from each bank.
*Financial incentives: $3,000 for relocation assistance for homeowner, WhooHoo again!
$1,500 for servicers for administrative costs; up to $2,000 match for investors for allowing a total of up to $6,000 of proceeds to go to subordinate lien holders.
*Delays foreclosure sale date automatically
*Requires uniform reporting to credit agencies.
That sums it up for the Treasury’s Program.
Next blog I will outline Freddie’s program.In my last blog, we discussed how to find out if you are eligible for the governments new HAFA (Home Affordability Foreclosure Alternatives) Program.  Look to see if you are eligible for HAMP, then you have to find out if Fannie or Freddie own your loan, who your servicer is, and if they are participating.  (See last blog for how to do this)

Fannie, Freddie and FHA own about 85% of all loans in America.  If you are headed into trouble, it could be worth while to look into this program.  Currently, FHA loans are not participating in the HAFA program.

Fannie, Freddie and the Treasury programs have many similar traits, but there are differences.

TREASURY’S PROGRAM

*Homeowners can receive Pre-Approved Short Sale Terms (including minimum net required) BEFORE listing the property.  This means we will not have to guess on how much the bank will take for an offer on your home.  This will mean fewer hoops, for this part anyway.

*Uses the homeowner financial and hardship information already gathered for HAMP application.

*Prohibits servicers of 1st mortgages from reducing real estate commissions, but they cannot exceed 6%.  The realtors I know work hard.  They deserve the commission, especially if negotiating a short sale!

*Requires release of future liability for the homeowner for the 1st mortgage debt.  This is big, they cannot come after you for money in the future.  Ever.

*Jr liens must also release liability upon accepting program’s contribution per formula (6%of principle balance up to aggregate of $6,000 total to jr lien holders) Only bad part of this is, if the jr lien will not let go, the property will go into foreclosure.  Then they get nothing, but banks do not usually make sense.

*Standardized process, uniform documents and timelines/deadlines.  WhooHoo says Sally.  Can’t tell you what a nightmare it is to keep up with all the different forms that currently are being requested from each bank.

*Financial incentives: $3,000 for relocation assistance for homeowner, WhooHoo again!

$1,500 for servicers for administrative costs; up to $2,000 match for investors for allowing a total of up to $6,000 of proceeds to go to subordinate lien holders.

*Delays foreclosure sale date automatically

*Requires uniform reporting to credit agencies.

That sums it up for the Treasury’s Program.

Next blog I will outline Freddie’s program.

Property Managers Ease Up on Credit Requirements

Credit Report Magnifying glass

Many of my sellers are very concerned  with where they will find to live after the short sale is completed.  They believe they have to get out of their house right away, before their credit is ruined.  I try to explain to them that the worst their credit is going to show are the 30, 60, and 90 day lates.  A foreclosure or short sale do not show up until after they happen, sometimes not even until 90 days after!  It may be better for them to stay in their house without making the payments while the short sale is being negotiated.  They can catch up on some of their other debts, and save enough to pay for moving expenses and security deposits.

A couple weeks ago I was at the  Denver National Association of Property Managers Meeting. I asked some big property managers about how they are dealing with their credit requirements concerning  people needing housing due to short sales and foreclosures.  They were all in agreement; they are simply easing up on their requirements for high credit scores.  What they are looking closer at is the potential tenants ability to pay, especially how long they have been employed with the same employer. Also taken into consideration is their history withcredit card and car payments.  It certainly makes sense, if they did not ease up on credit, the property managers would have a lot of empty buildings!

Save 7-8 years, do a short sale!

Guy walking away from houseStrategic Default. Not a new term for those of us immersed in the real estate industry. For those of you with normal lives, a strategic default is when a home owner can afford their mortgage, but walks out of their property and their mortgage because they bought it for a heck of a lot more than it is worth today. I have seen people roped into making house payments up to a thousand dollars a month more than the guy who bought the foreclosed on house next door. Cannot say I personally would not walk away, life is short.

BUT, a short sale is the other alternative. It may be more difficult to get a short sale approved for this person, but it is worth trying. Jay Brinkman, the Chief Economist for the Mortgage Brankers Association, says people who strategically default could face penalties, such as not being even able to join the game of trying to get a new mortgage for 7-8 years!

Call me if you would like to find out how this may affect you! 303-400-4357

Dealing with Nasty Bill Collectors

How to Deal with Nasty Bill Collectors

I hear about them all the time. Collection agencies can be nasty, demanding, demeaning, and down right cruel. They call day and night. They will call you at work, and on your cell phone. Sometimes they even call your relatives. Some will threaten with judgments, jail time, and social services coming to take your children away. No, really, they have done this to people!

If this is happening to you, your best bet is to keep your cool, and do not give them any money, especially over the phone! Do not sign any promissory notes!
Get a phone number to call them back, they might not be who they say they are. If it is your debt, try to negotiate a lower pay off if possible, or a payment plan if it works for you.

Even if you are behind on your bills, you do not have to put up with this harassment. There are strict guidelines collectors have to abide with according to the Fair Debt Collection Practices Act and state laws.

Collectors have several nasty tricks you need to be aware of:

What’s your name?
Collectors routinely call anyone in the country that have the same name. If you do not think this is your debt, ask them for their name and address and hang up. You legally have 30 days to write them and ask for verification if the debt is yours. Either send the letter registered mail, or fax it, make sure you can date stamp the fax, Office Depot, or the UPS store can do this for you. The collector must send you the name and address of the company that is owed, as well as notify you of your right to dispute the claim in part or in full. If the debt is not yours, the agency must cease collection efforts altogether.

Calling 24-7, and everyone you know
You have asked them not to call, but they do not stop. They call you at home, at work, and on your cell. They are calling your boss, your mother, and your friends telling them you are a deadbeat. The law is crystal clear, they can only call between 8am and 9pm, and they must honor a written request to stop calling. They can call you only to tell you if the creditor is planning some sort of action, such as filing a lawsuit. Unfortuately, they can call relatives and employers to get a phone number or address. They cannot discuss your debt.
Write the agency stating that you will file a complaint with your state attorney general if it does not stop immediately. For more information call the National Consumer Law Center at 617-542-8010 and ask for the free brochure “What You Should Know About Debt Collection” or visit consumerlaw.org and click on the For Consumers link.

We Will Destroy Your Credit
The collectors love to tell you they are going to destroy your credit and ruin you rating for years. They will even lie (go figure) and tell you they are a credit bureau to be more intimidating. Legitimate debts do affect your credit history, but you do not have to take the rap for ones you are not responsible for. If you receive verification the debt isn’t yours, you need to notify all three national credit bureaus asking them to correct the false information. For help on disputing credit report errors, go to ftc.gov. If you do owe money, be certain the statue of limitations has not expired. Typically this period is for 7 years. If you pay, it could completely re-start the time period. You will be responsible for the whole debt, no matter how ancient. Again, try to negotiate. Offer them 25 to 50%. Debt collectors have paid a pittance for your debt and do not want to spend a lot of time chasing you around.

We Will Garnish Your Wages
Baloney. Only the original creditor can garnish your wages, that is after they take you to court, and win.

Police Are Going To Come and Throw You in Jail
Wow, too bad people will actually fall for that! There is no debtors prison in the US. Fight back, tell them you know this is illegal, and that you are going to let the Attorney General’s office to file a complaint. Then, be sure to do so. The more you fight back, the more protection you will have.

“It’s hard to say which lender went berserk first”

Ouch.  Another article about the abundant greed in the mortgage industry.  Where are all the people who received the huge incentives and bonuses on this scam?  Hopefully in houses they thought they could afford from this money, and now are in foreclosure.
Crazy Banker
Before Washington Mutual collapsed in the largest bank failure in U.S. history, its executives knowingly created a “mortgage time bomb” by making subprime loans they knew were likely to go bad and then packaging them into risky securities, a congressional investigation has found.

In some cases, the bank took loans in which it had discovered fraudulent activity — such as misstated income by borrowers — and rolled them into mortgage securities sold to investors without disclosing the fraud, according to the report released Monday by the Senate’s Permanent Subcommittee on Investigations.

The actions were driven in part by greed, according to the committee report, which pointed out that WaMu’s pay practices rewarded loan officers and processors based on how many mortgages they could churn out.

The new disclosures could give a boost to efforts by President Obama and congressional Democrats to pass sweeping overhaul of financial regulations, which the Senate is set to consider this spring, said Sen. Carl Levin (D-Mich.), the subcommittee’s chairman.

“Washington Mutual built a conveyor belt that dumped toxic mortgage assets into the financial system like a polluter dumping poison into a river,” Levin said. “Using a toxic mix of high-risk lending, lax controls and destructive compensation policies, Washington Mutual flooded the market with shoddy loans and securities that went bad. . . . It is critical to acknowledge that the financial crisis was not a natural disaster, it was a man-made economic assault.”

WaMu’s failure is also under investigation by the Justice Department. The Seattle-based thrift, which was seized by federal regulators in September 2008 and sold to JPMorgan Chase & Co. for $1.9 billion, had nearly a third of its 2,200 branches in California and was a major player, along with rival Countrywide Financial Corp., in helping fuel the state’s housing boom.

According to the Senate report, WaMu executives were aware in 2006 of problems at its Southern California subprime unit, Long Beach Mortgage Co. Excerpts of internal e-mails and reports offer a stark and unvarnished view of the warning signs that were dismissed as the bank tumbled toward failure.

The company’s chief risk officers called Long Beach Mortgage, the subprime subsidiary the firm used to stage its rapid growth in home lending, “a real problem for WaMu.” Stephen Rotella, WaMu’s former chief operating officer, described the unit as “terrible.”

“Short story is this is not good,” David Schneider, WaMu’s former president of home loans, wrote in a December 2006 e-mail. “We are all rapidly losing credibility as a management team.”

Long Beach Mortgage was founded by the late Roland E. Arnall, a West Los Angeles billionaire who later built Ameriquest Mortgage Co. and its sister companies into the nation’s largest subprime operation.

Washington Mutual acquired the bulk of Long Beach Mortgage — the part that offered loans through brokers, not through its own employees — in 1999.

Long Beach Mortgage’s lending reflected the general disintegration of standards across the industry, said Paul Muolo, executive editor of National Mortgage News and co-author of “Chain of Blame,” a 2008 book about the mortgage meltdown. Companies such as Orange-based Ameriquest, Irvine’s New Century Financial Corp. and San Jose’s First Franklin Financial Corp. competed for ever riskier subprime loans that Wall Street banks transformed into mortgage bonds and sold around the world.

“It’s hard to say which lender went berserk first,” Muolo said, as the subprime rivals wound up adopting the philosophy “If he or she breathes, we will make the loan.”

The subcommittee’s investigators, who conducted more than 100 interviews and depositions and collected 50 million documents, found that Washington Mutual jumped headlong into subprime and other risky lending in 2003 to increase profits.

The company and its Long Beach unit “used shoddy lending practices . . . to make tens of thousands of high-risk home loans that too often contained excessive risk, fraudulent information or errors,” according to a subcommittee memo.

Internal company documents highlighted the profit pressures. “In 2007, we must find new ways to grow our revenue. Home Loans Risk Management has an important role to play in that effort,” read a late 2006 message from the unit’s chief risk officer to the risk management team.

Adding to the problems, WaMu and Long Beach Mortgage frequently steered borrowers who qualified for prime loans into subprime loans, the subcommittee found. WaMu then spread the risk of those loans and riskier ones to investors by packaging the subprime loans into $77 billion worth of securities it sold to investors, the panel found.

“At times, WaMu selected and securitized loans that it had identified as likely to go delinquent,” the report said.

A June 2008 review by the bank’s main regulator, the Office of Thrift Supervision, found a “culture focused more heavily on production volume rather than quality.”

Top employees could become members of the company’s President’s Club, which offered lavish, all-expense-paid trips to Hawaii or the Caribbean, the subcommittee found.

Levin said the findings showed the need for a new consumer financial protection agency, which Obama has proposed as part of his regulatory overhaul, to stop lenders from preying on borrowers. “The bottom line is that WaMu had poor policies, poor controls, inadequate oversight of its loans [and] turned out toxic mortgages that sunk the bank, devastated homeowners and polluted the financial system like a poison,” Levin said. “This was a Main Street bank that got taken in by these Wall Street profits.”

JPMorgan, which acquired WaMu, had no comment on the report.

On Tuesday, the Senate subcommittee launches a series of hearings looking at WaMu’s 2008 failure as a case study of the financial crisis. Former WaMu executives are scheduled to testify Tuesday, with testimony Friday from regulators and later this month from credit rating firms and investment banks that also contributed to the bank’s problems.

A report to be released Friday from the inspectors general of two agencies that regulated WaMu — the Office of Thrift Supervision and the Federal Deposit Insurance Corp. — is expected to fault the regulators for their oversight of the bank.

5 reasons to have an investor negotiate your short sale

Cheesy RealtorWhen most people get into the situation of needing a short sale, they think of their neighborhood realtor. There are 5 reasons why you neighborhood investor is a better choice!
Don’t take offense! I use more than one realtor in most of my transactions. They are a god send when it comes to all the paperwork necessary to close deals. I work with many of the best, and appreciate their knowledge. But, just like any profession, there are people who only do one thing, and do it well. Put your fate in the hand of the specialist!

1. Investors make an offer on your property to the bank immediately. Unless its an FHA loan, banks will not start the short sale process without an offer. Lucky for the homeowner, there are not potential buyers tromping through their home for showings.
2 Sellers do not have to spend what little money they have fixing their property so it shows well. Investors like a dirty messy house.
3. Realtors need new listings and buyers all the time. That is their job. Negotiating with banks is grueling and takes an incredible amount of time. Doing both is just not practical. If you are looking into using a realtor, ask them who negotiates with the banks on your behalf. Is a service? If it is, your future is in the hands of a $12 per hour customer service rep who only cares about the weekend!
4. Investors can be much more creative in finding a solution for you. The best of us do not do anything illegal, but we are not restricted to the many laws and rules realtors alone are subject to.
5. Investors live and breathe the distressed homeowner world. I hear stories every day that realtors are getting taught things that just are not true. ie “Double closes are illegal” Realtors must take a certain amount of classes every year to keep their licenses. This myth is still being taught today.

I am sure there are some realtors who are good at negotiating short sales. As a matter of fact, I know one. Yes, only one. All I ask is that you educate yourself. Its your life, your credit, your future.