New Standard Short Sale Guidelines for Fannie Mae and Freddie Mac

On August 22, 2012, in Foreclosure, by Robbie L. Vaughn, Esq.

Fannie Mae and Freddie Mac Short Sale Guidelines

Fannie Mae and Freddie Mac Short Sale Guidelines

Yesterday, the Federal Housing Finance Agency (FHFA) announced new short sale guidelines for Fannie Mae and Freddie Mac loans. The new guidelines go into effect Nov. 1, 2012. We like most of the new guidelines. The new guidelines “will permit a homeowner with a Fannie Mae or Freddie Mac mortgage to sell their home in a short sale even if they are current on their mortgage if they have an eligible hardship.” We believe that being able to short sale a home while being current on that home’s mortgage is important. We have had many cases where a short sale was deemed not possible, as per the mortgage servicer, because the homeowner was current on his/her mortgage. We also like that “Fannie Mae and Freddie Mac will offer up to $6,000 to second lien holders to expedite a short sale.” At times, it can be nearly impossible to complete a short sale when the second lien holder is different from the first. Hopefully, this new guideline creates an incentive for second lien holders to expeditiously approve short sales.

There is one new guideline that may be an issue for some distressed homeowners looking to complete a short sale: “Fannie Mae and Freddie Mac will waive the right to pursue deficiency judgments in exchange for a financial contribution when a borrower has sufficient income or assets to make cash contributions or sign promissory notes: Servicers will evaluate borrowers for additional capacity to cover the shortfall between the outstanding loan balance and the property sales price as part of approving the short sale.” We have seen this done in the past. For some it might make sense to make a financial contribution, but for others it will not make sense to sign a 30 year promissory note or raid their 401k to complete a short sale.

At any rate, this appears to be a move in the right direction. Here are the guidelines ( from the FHFA News Release):

The new guidelines:

  •   Offer a streamlined short sale approach for borrowers most in need: To move short sales forward expeditiously for those borrowers who have missed several mortgage payments, have low credit scores, and serious financial hardships the documentation required to demonstrate need has been reduced or eliminated.
  •   Enable servicers to quickly and easily qualify certain borrowers who are current on their mortgages for short sales: Common reasons for borrower hardship are death, divorce, disability, and distant employment transfer or relocation. With the program changes, servicers will be permitted to process short sales for borrowers with these hardships without any additional approval from Fannie Mae or Freddie Mac, even if the borrowers are current on their mortgage payments. Borrowers will now qualify for a short sale if they need to relocate more than 50 miles from their home for a job transfer or new employment opportunity.
  • Fannie Mae and Freddie Mac will waive the right to pursue deficiency judgments in exchange for a financial contribution when a borrower has sufficient income or assets to make cash contributions or sign promissory notes: Servicers will evaluate borrowers for additional capacity to cover the shortfall between the outstanding loan balance and the property sales price as part of approving the short sale.
  •   Offer special treatment for military personnel with Permanent Change of Station (PCS) orders: Service members who are being relocated will be automatically eligible for short sales, even if they are current on their existing mortgages, and will be under no obligation to contribute funds to cover the shortfall between the outstanding loan balance and the sales price on their homes.
  •   Consolidate existing short sales programs into a single uniform program: Servicers will have more clear and consistent guidelines making it easier to process and execute short sales.
  •   Provide servicers and borrowers clarity on processing a short sale when a foreclosure sale is pending: The new guidance will clarify when a borrower must submit their application and a sales offer to be considered for a short sale, so that last minute communications and negotiations are handled in a uniform and fair manner.
  • Fannie Mae and Freddie Mac will offer up to $6,000 to second lien holders to expedite a short sale. Previously, second lien holders could slow down the short sale process by negotiating for higher amounts.

Long Island Foreclosure Attorneys

If you have any questions about this or other legal issues, feel free to call the Law Firm of Vaughn, Weber & Prakope, PLLC at 516-858-2620 today to speak to an Attorney.

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Fannie and Freddie set new short sale guidelines.

On May 1, 2012, in Foreclosure, by Robbie L. Vaughn, Esq.

Fannie and Freddie set new short sale guidelines.

From Freddie

Freddie Mac’s new short sale timelines require servicers to make a decision within 30 days of receiving either 1) an offer on a property under Freddie Mac’s traditional short sale program or 2) a completed Borrower Response Package (BRP) requesting consideration for a short sale under HAFA or Freddie Mac’s traditional short sale program. (BRPs are standardized assistance applications developed as part of the Servicing Alignment Initiative.)
If more than 30 days are needed, borrowers must receive weekly status updates and a decision no later than 60 days from the date the complete BRP is received. This will help servicers who may need more time to obtain a broker price opinion or a private mortgage insurer’s approval on a BRP or property offer.
In the event a servicer makes a counteroffer, the borrower is expected to respond within five business days. The servicer must then respond within 10 business days of receiving the borrower’s response.
Freddie Mac will use the new timelines to evaluate servicer compliance with the SAI and its own servicing requirements.

From Fannie:

Under the new guidelines, servicers will be required to acknowledge receipt of a short sale offer within three business days and notify the borrower within five business days if the information is incomplete. Within thirty days, the servicer must send an evaluation notice or notify the borrower that the offer is still under review. If the offer cannot be fully evaluated within 30 days, the servicer must update the borrower on the status each week thereafter. Servicers will also be required to keep Fannie Mae apprised if a short sale evaluation takes longer than 30 days.

I was recently informed of a short sale that had been in contract for 18 months without a response from the lender/servicer. The buyer finally walked away. Hopefully, these new guidelines will help speed up the short sale process.  However, a  short sale may/may not be in your best interest. Call 516-858-2620 If you would like to speak with an attorney regarding short sales.

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No New Foreclosure Cases for Steven J. Baum, P.C.

On November 15, 2011, in Foreclosure, Message/News Board, by Robbie L. Vaughn, Esq.

No New Foreclosure Cases for Steven J. Baum, P.C.

From the  Freddie Mac Website:

After November 10, 2011, Servicers may not refer any new Freddie Mac foreclosure or bankruptcy cases in New York to Steven J. Baum, P.C., whether referred within or outside of our Designated Counsel Program.

Until further notice, Steven J. Baum, P.C. will continue to work on all foreclosure and bankruptcy matters referred on or before November 10, 2011.

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News: New Fannie Mae Lending Guidelines

On November 20, 2010, in Message/News Board, Real Estate, by Robbie L. Vaughn, Esq.

The Good
Buyers will be allowed to use gifts and grants from nonprofit groups for their minimum five percent down payment.

The Bad
Borrowers who have gone through foreclosure will be excluded from obtaining a Fannie-backed loan for seven years.

The following article is from the New York Times

New Lending Guidelines From Fannie Mae

By LYNNLEY BROWNING

NEW lending guidelines being rolled out by Fannie Mae will make securing a mortgage a lot easier for some borrowers but harder for others.

The rules, effective on Dec. 13, will allow buyers to use gifts and grants from nonprofit groups for their minimum 5 percent down payment, which is the threshold set by Fannie Mae, the government-owned company that sets lending standards and buys mortgages from lenders. (Freddie Mac is considering similar new guidelines, said Brad German, a spokesman.)

Previously, borrowers had to contribute a minimum 5 percent down payment from their own funds, but additional down payment money could be from a gift (though never from a home seller). The exception was for borrowers who put 20 percent down: all that money could come as a gift.

Because many lenders now require a down payment of 10 percent or more, the new rules mean that borrowers will still have to come up with extra funds — either their own or gifts.

Still, “this is definitely going to help upgrade buyers and young couples who for whatever reason don’t have enough money and are getting some from their families,” said Edward Ades, the owner of Universal Mortgage, a broker in Brooklyn.

The gift rules apply only to single-family principal residences, including town houses, co-ops and condominiums, and covers mortgage amounts in excess of 80 percent of the property’s value. Also, there is a limit on the loan balance — $729,000 in high-cost areas like New York City, and $417,000 in other areas.

Now, the not-so-good news.

Fannie Mae is getting tougher on debt-to-income ratios, or the amount of a borrower’s gross monthly income that goes toward paying off all debts. The maximum ratio for those seeking a conventional mortgage will drop to 45 percent from 55 percent under the new guidelines.

The agency is also taking a harder look at payment histories on revolving debt. In the past, if a borrower missed a monthly payment, Fannie Mae ignored it, or required that lenders add a few percentage points to the total balance when calculating the debt-to-income ratio. Now, buyers who have missed a payment will have 5 percent of the total balance added to their ratios.

Mr. Ades said that new hurdle could sink many potential borrowers with student-loan debt that has been deferred.

Susan A. Kreyer, the president of the New York Association of Mortgage Brokers, added that buyers who had bought big-ticket items through financing with delayed payments would also be affected.

In addition, Fannie Mae is scrutinizing people who are at the end of their mortgages, with 10 or fewer payments left. It will now count those remaining balances in the debt-to-income ratios — another departure. Mortgage experts say that older buyers near the end of their loans may now have a tougher time securing a loan for a second home.

But perhaps the toughest news from Fannie Mae concerns borrowers who have gone through foreclosure. They will be excluded from obtaining a Fannie-backed loan for seven years, up from four. “That’s a long time in this economy,” Ms. Kreyer said. That change was announced separately from the gift and debt rules, but will also take effect in Fannie Mae’s automated underwriting systems next month.

Fannie Mae buys or guarantees around $3.2 trillion in residential loans, about 28 percent of the entire residential mortgage market in the United States. Lenders typically issue loans based on the agency’s guidelines.

Buyers who do not meet the new Fannie Mae requirements may have to consider a nonconforming loan from the Federal Housing Administration. These loans, which do not follow Fannie Mae underwriting guidelines, require mortgage insurance premiums and, for those with low credit scores, higher interest rates and steeper down-payment requirements.

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