What Are the Best Characteristics For a Short Sale Negotiator?

In the state of Virginia the way that we do it is you want to contact the Realtor that has experience in doing a short sale. You want a Realtor that has closed a number of transactions in the past because it is a lengthy process. It’s not complicated, but it’s lengthy and there are lots of little steps that have to be followed properly. You can go online and you can find certain agents that have certifications. There are lots of different certifications out there that show that they have at least had some form of training within the world of short sales.

The next question that you would want to ask is how many short sales have you actually completed and can you show me proof with approval letters? These will show that they have actually gotten these short sales approved.

Also in the state of Virginia, agents shouldn’t be negotiating. I know a lot of agent still do, but they shouldn’t be negotiating their own short sales. They should have somebody on their team that actually negotiates the short sales for them because it is something that takes an incredibly long amount of time during the course of the day and a good short sale agent doesn’t have the ability to do both. They have to either help guide their client, sell that property, and find buyers for the property or they have to negotiate their short sales. They can’t do one or the other effectively.

You can find them online or you can also go into the MLS and see who is doing a lot of short sales.

Mortgage Debt Relief act is set to expire at the end of this year!

http://youtu.be/Cs1ZORFI6LA

Mortgage Debt Relief act is set to expire at the end of this year!
Call to schedule a no obligation consultation. 703-587-0995.

The Mortgage Forgiveness Debt Relief Act and Debt Cancellation
If you owe a debt to someone else and they cancel or forgive that debt, the canceled amount may be taxable.

The Mortgage Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualifies for the relief.

This provision applies to debt forgiven in calendar years 2007 through 2012. Up to $2 million of forgiven debt is eligible for this exclusion ($1 million if married filing separately). The exclusion does not apply if the discharge is due to services performed for the lender or any other reason not directly related to a decline in the home’s value or the taxpayer’s financial condition.

More information, including detailed examples can be found in Publication 4681, Canceled Debts, Foreclosures, Repossessions, and Abandonments. Also see IRS news release IR-2008-17.

The following are the most commonly asked questions and answers about The Mortgage Forgiveness Debt Relief Act and debt cancellation:

For the IRS Link go to : http://www.irs.gov/Individuals/The-Mortgage-Forgiveness-Debt-Relief-Act-and-Debt-Cancellation-

Two Questions I Always Hear About Short Sales…

Short Sales and Deficiency Judgements

[youtube http://www.youtube.com/watch?v=piFM_IBDuRg?rel=0]

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Are you wondering what to do if your home is worth less than what is owed on it? If that is the case, then chances are that you can and may need to join the ranks of others going through the same thing. Though one option is to continue paying the mortgage and just live through it – what happens when certain circumstances step in and you have no choice?
Those circumstances are called hardships and they are specific in terms of whether or not a bank will accept the reason for needing a short sale. Hardships can be anything from a divorce that forces a couple to sell a home, job loss or relocation, death of a spouse or loss of income. Regardless of the type of hardship, you will need to present a hardship letter to the bank and it must be validated and approved by the bank in order to proceed.
Looking at an example of a home with a $300,000 mortgage on it but is worth $200,000 – clearly if the owners want to sell the property there will be an outstanding debt obligation of $100,000. That difference of $100,000 is called the deficiency in a short sale and a common question asked by many owners considering short sale is “how does a bank handle that difference?”
Deficiency judgment can very well be demanded by the lender in case of a short sale however if your short sale is well handled by your agent, there is a good chance you can have that deficiency waived. In other words, when the transaction goes through the bank can either include in the contract that they reserve the right to come after you to collect on that deficiency. A good negotiator will obtain a full release of that debt, allowing you to walk away without owing anything more.
There are some happy mediums as well, such as the bank issuing a promissory note to the sellers or the owner providing some up front cash to offset the bank’s loss. This could be something like $5,000 or $10,000 or more depending on the property and the bank but it is a matter of aligning with the lender to satisfy them. The important thing is to have an agent that knows what they are doing so they can negotiate the best terms possible for your sale.
Each situation is unique and each homeowner has a set of circumstances that cannot be duplicated with others. To get customized advice on your home, contact us today at 703.587.0995 or visit our sitewww.VirginiaShortSaleAdvice.com for more information.

Is your Loan Owned by Fannie for Freddie? I can help you find out – New legislation helps homeowners!

The news release below is GREAT NEWS if your loan is owned by Fannie or Freddie – call me at 703-587-0095 to find out your options.

FEDERAL HOUSING FINANCE AGENCY
NEWS RELEASE
FHFA Announces New Standard Short Sale Guidelines for
Fannie Mae and Freddie Mac;
Programs Aligned to Expedite Assistance to Borrowers
Washington, DC – The Federal Housing Finance Agency (FHFA) today announced that
Fannie Mae and Freddie Mac are issuing new, clear guidelines to their mortgage servicers that
will align and consolidate existing short sales programs into one standard short sale program.
The streamlined program rules will enable lenders and servicers to quickly and easily qualify
eligible borrowers for a short sale.
The new guidelines, which go into effect Nov. 1, 2012, 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. Servicers will be able to expedite processing a short
sale for borrowers with hardships such as death of a borrower or co-borrower, divorce,
disability, or relocation for a job without any additional approval from Fannie Mae or Freddie
Mac.
“These new guidelines demonstrate FHFA’s and Fannie Mae’s and Freddie Mac’s commitment
to enhancing and streamlining processes to avoid foreclosure and stabilize communities,” said
FHFA Acting Director Edward J. DeMarco. “The new standard short sale program will also
provide relief to those underwater borrowers who need to relocate more than 50 miles for a
job.”
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 lastminute 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.
This alignment comes as part of a broader FHFA effort, the Servicing Alignment Initiative, to
streamline Fannie Mae and Freddie Mac programs for short sales and other foreclosure
alternatives to assist struggling homeowners. FHFA announced guidelines in June that
establish strict timelines for servicers considering short sales. Servicers are required to review
and respond to short sales within 30 days of receipt of a short sale offer; they must provide
weekly status updates to the borrower if the offer is still under review after 30 days, and they
must make and communicate final decisions to the borrower within 60 days of receipt of the
offer and complete borrower response package. These borrowers will not be eligible for a new
mortgage backed by Fannie Mae or Freddie Mac for at least two years after a short sale.
FHFA encourages homeowners to reach out early to their lender or servicer if they face any
hardship affecting their ability to pay their mortgage.
Link to Fannie Mae guidance available Aug. 22
Link to Freddie Mac guidance available Aug. 21
###
The Federal Housing Finance Agency regulates Fannie Mae, Freddie Mac and the 12 Federal Home Loan Banks.
These government-sponsored enterprises provide more than $5.7 trillion in funding for the U.S. mortgage markets
and financial institutions.OVERVIEW
The Federal Housing Finance Agency has directed Fannie Mae and Freddie Mac to align existing short sales programs into
one standard short sale program and issue clear guidelines to mortgage servicers. With these changes, Fannie Mae and
Freddie Mac will allow homeowners with eligible hardships to sell their home in a short sale even if they are current on
their loans. FHFA, Fannie Mae and Freddie Mac are making these changes to help more homeowners avoid foreclosure,
keep homes occupied and help maintain stable communities. The streamlined program rules will enable lenders and
servicers to quickly and easily qualify eligible borrowers for a short sale.
The programs being aligned are: Fannie Mae’s Home Affordable Foreclosure Alternative (HAFA) and proprietary short sale
programs, and Freddie Mac’s HAFA and proprietary short sale programs. The current Fannie Mae and Freddie Mac HAFA
programs are modeled on the U.S. Department of Treasury’s Home Affordable Foreclosure Alternative program, but with
this guidance, there will be one program offered by Fannie Mae and Freddie Mac – the Standard Short Sale/HAFA II.
EFFECTIVE DATE
Guidance will be issued by Freddie Mac August 21 and by Fannie Mae August 22 and will be effective by November 1.
ELIGIBILITY REQUIREMENTS
• The existing mortgage must be owned or guaranteed by Fannie Mae or Freddie Mac.
• The person must have a demonstrated hardship which includes:
• Death of a borrower or death of the primary or secondary wage earner in the household
• Unemployment
• Divorce
• Long-term disability
• Distant employment transfer/relocation (more than 50 miles one way)
• Increased housing expenses
• Disaster (natural or man-made)
• Business failure
FEDERAL HOUSING FINANCE AGENCY
FACT SHEET:
FHFA ANNOUNCES NEW SHORT SALE GUIDELINES:
PROGRAMS ALIGNED TO EXPEDITE ASSISTANCE TO BORROWERS
HIGHLIGHTS – THE NEW GUIDELINES:
• Offer a streamlined short sale approach for borrowers
most in need.
• Enable servicers to quickly and easily qualify certain
borrowers who are current on their mortgages for
short sales.
• Fannie Mae and Freddie Mac will waive the right
to pursue defi ciency judgments in exchange for a
fi nancial contribution when a borrower has suffi cient
income or assets to make cash contributions or sign
promissory notes.
• Offer special treatment for military personnel with
Permanent Change of Station (PCS) orders.
• Consolidate existing short sales programs into a single
uniform program.
• Provide servicers and borrowers clarity on processing
a short sale when a foreclosure sale is pending.
• Fannie Mae and Freddie Mac will offer up to $6,000 to
second lien holders to expedite a short sale. ELIGIBILITY REQUIREMENTS (CONTINUED)
• Borrowers that need to relocate more than 50 miles one way for a job, including service members with Permanent
Change of Station Orders, can be current or delinquent on their mortgage to apply for a short sale.
• Borrowers who have the capacity to contribute to shortages will be asked to make a reasonable contribution toward
the shortfall. However, service members with Permanent Change of Station Orders will not be asked for a contribution
towards the shortage for properties purchased on or before June 30, 2012.
• Borrowers will not be eligible for a new mortgage backed by Fannie Mae or Freddie Mac for at least two years after a
short sale.
RESOURCES FOR MILITARY HOMEOWNERS
Service members can check Fannie Mae or Freddie Mac websites to see if their loans are held by them or they can call
hotlines for military homeowners at 1-877-MIL-4566 or 1-800- FREDDIE.
FHFA announcement of 6/21/12: FHFA Announces Short Sale Assistance for Military Homeowners with Fannie Mae or
Freddie Mac Loans (http://www.fhfa.gov/webfi les/24026/CFPBFinalwFS.pdf)
IS YOUR MORTGAGE OWNED OR GUARANTEED BY FANNIE MAE OR FREDDIE MAC?
Homeowners can determine if they have a Fannie Mae or Freddie Mac loan by going to:
• http://www.FannieMae.com/loanlookup or calling 800-7Fannie (8 am to 8 pm ET)
• https://www.FreddieMac.com/corporate/ or 800-Freddie (8 am to 8 pm ET)
FHFA ENCOURAGES HOMEOWNERS TO REACH OUT EARLY TO THEIR LENDER OR SERVICER IF THEY FACE ANY
HARDSHIP AFFECTING THEIR ABILITY TO PAY THEIR MORTGAGE.
WHAT IS A SHORT SALE?
A Short Sale, also known as a pre-foreclosure sale, is when you sell your home for less than the balance remaining on your
mortgage. If your mortgage company agrees to a short sale, you can sell your home and pay off all (or a portion of) your
mortgage balance with the proceeds.