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Short
Sale Buy Back. Can
it work???
New
HAFA regulation allows some people to STAY IN THEIR HOMES
AFTER A SHORT SALE
Section
7.3 of Chapter IV of the HAFA Handbook requires that a short
sale be an arms length transaction. This Supplemental
Directive amends this restriction to allow servicers the discretion
to approve sales to non-profit organizations with the stated
purpose that the property will be rented or resold to the
borrower, so long as all other HAFA program requirements are
met. Servicers offering programs of this type must include
program descriptions and conditions in their HAFA Policy.
Servicers must retain in the servicing system and/or mortgage
file the evidence provided during the HAFA evaluation demonstrating
that the organization was a nonprofit organization.
Here
is the problem: In Nevada, the non-profit is trying to
buy short sale properties at 65-70% of the appraised value,
then sell back to the owner at the appraised value.
After the purchase by the non-profit, the property is leased
to the previous owners for up to 3 years, while they secure
financing. I don't think many banks will discount a property
30-35% of it's true value. In California, the non-profit is
only requiring a 20% spread, which is more doable.
If the program wont work for you: The waiting period
after a short sale is 3-years for an FHA loan with 3.5% down,
and 2 years with a conventional loan with 20% down. I have
another portfolio program available in Nevada where a person
can buy again after their short sale, foreclosure, or BK,
after 1-year with 20% down. See> http://dantheloanman.com/buyagainafterbk.php
I
am talking to a Nevada based non-profit about starting
this program and accepting a 15-20% spread, which would be
much more realistic than a 30-35% spread. If they decide to
go ahead with the program, I'll send out an email blast and
announce it here.
April
7, 2011
Original US Treasury Department directive to HAFA allowing
a non-profit to purchase a home in a short sale. The Non-Profit
can leaseback and resell the home to the (now) former home
owner....
July
15, 2011
California Governor Jerry Brown signs SB 458 into law prohibiting
deficiency judgements for all mortgages in a short sale...
JJuly 15,
2011
The Federal Trade Commission issued a statement announcing
that it will forbear from enforcing most provisions of its
Mortgage Assistance Relief Services (MARS) Rule...
July
14, 2011
Bank of America allows substitution of buyer on an approved
short sale...
June
1, 2011
HAFA institutes guidelines change to make SSB legal and compliant
(see pages 1 and 8)...
See
shortsalebuyback.com for details on how this could work for
you.
**I
am not endorsing or recommending this program in any
way. It's new so I dont have enough information to guide you,
other than to provide the information above. Please do your
own research and decide for yourself.
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