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About HAFA
HAFA is a government-subsidized Home Affordable Foreclosure Alternatives program for distressed homeowners to sell their homes in order to avoid foreclosure, even if the sales price is not enough to pay off their existing mortgage loans.
Under HAFA, a participating lender will pre-approve the terms of a short sale and give the borrower at least 4 months to market and sell the property using a licensed real estate professional.
Your Graceful Exit To learn more about the Home Affordable Foreclosure Alternatives, just click on this link:
Your Gracefull Exit
HAFA Sample Forms
To learn more about the Home Affordable Foreclosure Alternatives approval, just click on this link:
Hafa Sample Forms
Fannie Mae or Freddie Mac Look Up
To find out if yourmortgage is owned by Fannie Mae or Freddie Mac, just click on the links below:
Fannie Mae Lookup Tool
Freddie Mac Lookup Tool
Fannie Mae or Freddie Mac HAFA Guidelines
Fannie May and Freddie Mac have their own HAFA guidelines for their loans and on June 1, 2010, Fannie Mae and Freddie Mac each released guidelines for implementing the Treasury Department's Home Affordable Foreclosure Alternatives Program (HAFA). These new guidelines apply instead of the HAFA guidelines for non-GSE mortgages. Servicers are required to implement these policies no later than August 1, 2010. While largely consistent with the HAFA guidelines for non-GSE mortgages, Fannie and Freddie have each made some important differences.
To be eligible under the non-GSE HAFA program:
- The borrower must be delinquent or default must be reasonably foreseeable:
1.1 under Freddie's requirements, a borrower must be more than 60 days delinquent and have cash reserves less than the greater of $5,000 or three times the current monthly mortgage payment.
1.2 Fannie allows borrowers to be at imminent risk of default.
- Fannie also prohibits a borrower from participating in HAFA if the borrower:
2.1 has the ability to continue making the mortgage payments, but chooses not to do so (sometimes called strategic default);
2.2 has substantial unencumbered assets or significant cash reserves equal to or exceeding three times the borrower's total monthly mortgage payment or $5,000, whichever is greater; or
2.3 has high surplus income.
- Fannie and Freddie provide that the real estate commission is the amount in the listing agreement, but not more than 6 percent.
- Fannie and Freddie allow for servicer incentives of $2,200 for a short sale and $1,500 for a deed-in-lieu of foreclosure (DIL). This is in contrast to the $1,500 servicer incentive for both a short sale and a DIL for non-GSE mortgages.
- For both Fannie and Freddie, each subordinate lien holder in order of priority may be paid no more than 6% of the unpaid principal balance of its loan, until the $6,000 cap is attained. This policy remains unchanged from the non-GSE HAFA program.
- Fannie and Freddie guidelines do not permit subordinate lien holders to require contributions from the real estate agent or borrower as a condition for releasing its lien and releasing the borrower from personal liability, which is consistent with the non-GSE HAFA program,
For complete guidelines regarding Fannie and Freddie’s HAFA program please click on the following links:
Fannie Mae Hafa Guidelines
Freddie Mac HAFA Guidelines
BORROWER FREQUENTLY ASKED QUESTIONS
The Making Home Affordable Program is part of the Obama Administration's broad, comprehensive strategy to get the economy and the housing market back on track. The Making Home Affordable Program offers strong options for homeowners:
(1) Refinancing mortgage loans through the Home Affordable Refinance Program (HARP),
(2) Modifying first and second mortgage loans through the Home Affordable Modification Program (HAMP) and the Second Lien Modification Program (2MP),
(3) Providing temporary assistance to unemployed homeowners through the Home Affordable Unemployment Program (UP), and
(4) Offering other alternatives to foreclosure through the Home Affordable Foreclosure Alternatives Program (HAFA).
Click here for:
Frequently Asked Questions
Program HAFA Short Sales Fact Sheet
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What is HAFA? |
HAFA is a government-subsidized Home Affordable Foreclosure Alternatives program for distressed homeowners to sell their homes to avoid foreclosure, even if the sales price is not enough to pay off their existing mortgage loans. Under HAFA, a participating lender will pre-approve the terms of a short sale and give the borrower at least 4 months to market and sell the property using a licensed real estate professional. |
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Eligibility |
The eligibility requirements for a HAFA short sale include the following:
• Property must be borrower’s principal residence;
• Loan must be a first trust deed originated before 2009;
• Loan must be delinquent or default must be reasonably foreseeable;
• Current unpaid principal balance must be $729,750 or less for single-family home (or higher amounts for 2-to-4 units); and
• Borrower must be eligible for, but unable to complete, a loan modification under the Home Affordable Modification Program (HAMP). |
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Financial Incentives |
The government incentives under HAFA are as follows:
• $3,000 to borrower for relocation expenses;
• $1,500 to servicer for each successful short sale; and
• $1 to investor for every $2 paid to extinguish junior liens, up to $2,000 maximum, not to exceed 6% of unpaid balance. |
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Effective Dates |
April 5, 2010 to Dec. 31, 2012. |
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HAFA Procedures |
The general standardized procedures for HAFA short sales are as follows:
Step 1: Lender evaluates borrower for a loan modification under HAMP.
Step 2: Lender evaluates borrower unable to complete HAMP modification for short sale.
Step 3: Lender issues Short Sale Agreement (HAFA SSA).
Step 4: Borrower lists the property for sale using a licensed real estate agent.
Step 5: Borrower and agent market and sell the property.
Step 6: Borrower submits to lender a Request for Approval of Short Sale (RASS).
Step 7: Lender approves RASS within 10 business days.
Step 8: Sale closes escrow. |
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Lender's Evaluation |
Each participating lender will have its own written policy for approving or rejecting a HAFA short sale, based on factors such as the severity of the loss, market conditions, the borrower’s motivation and cooperation, property valuation, and title review. |
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Short Sale Agreement (HAFA SSA) |
The Short Sale Agreement (HAFA SSA) will include, among other things, the following:
• Either a list price or net proceeds acceptable to the lender;
• An agreement to fully release borrower from all liability for repayment of the loan;
• An agreement not to complete a foreclosure sale if borrower complies with SSA;
• Amount of acceptable closing costs and up to 6% real estate commission.
• Notice that the sale must be an arm’s length transaction; and
• Notice that the buyer must agree not to resell the property within 90 days of closing. |
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Tax, Credit, and Other Consequences |
A HAFA short sale may have serious tax, credit, financial, legal, and other consequences. A homeowner is strongly encouraged to seek the advice of a qualified professional regarding these consequences. |
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Participating Lenders |
A list of lenders participating in the HAMP program is available at:
HAFA Participating Lenders
Fannie Mae and Freddie Mac have their own HAFA guidelines for their loans. |
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More Information |
Fannie/Freddie Guidelines
Guidelines
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