I really don't know where to start! Hopefully someone can take a few minutes to read our story.

In September 2013 we put an offer on a short sale home and the offer was accepted by the homeowners. We had sold our house and were renting back from the new owners but our rent back contract was expiring and the new owners did not want to extend it. The owners of the short sale property had gone through a divorce and both had other homes so they agreed to let us move into the property while we waited for the short sale to be approved.

We waited and received little word for about 6 months. Finally the listing agent came back and told us that the bank needed $10k more to net enough to approve the sale. Done, signed new contract and sent back. (May 2014).

We waited some more. In August our agent called me and informed us that the sale had been denied. We were told the reason was the owners made too much money individually and that either of them could afford the house independent of one another.

Shortly thereafter the listing agent enlisted the help of an attorney that specializes in short sales. He asked that the file be resubmitted and only the wife's income be used because she was the only one supporting the house. The court had ordered the house be sold as part of the divorce and the husband has had little (if anything) to do with it since.

In early November 2014 we received this from the attorney "The file was submitted to HUD for variance (excess income) again and the variance was denied. I spoke to the FHA case manager yesterday afternoon and she indicated that the reason for variance should have been based on the Court Ordered sale and the non-owner occupant status. She is escalating the file to FHA management because she feels it is in HUDs best interest to move forward with a short sale rather than pursue any other options. She is very practical, I hope she can persuade her supervisors to come around to her position. I will update you as I gather further information."

About 2 weeks later we received this from the attorney "our most recent FHA Case Manager, sent me an e-mail yesterday informing me that current policy dictates that as non-owner occupants both borrowers must have a FICO credit score of less than 620 to qualify for a short sale. She indicated that she has taken this as high up in management as she is able and can do nothing further. She went on to state that this is HUD policy and cannot be worked around with a variance. The only thing I think can be done at this point is for the sellers and buyers to start working through their elected officials. Some heat from the top may get some fresh eyes on the file. "

So this is where we are, we've been living in this home for over a year now and don't want to move. We're willing to increase our offer, whatever it takes...I just don't want to have to move my family again.  Anyone out there have an ace up their sleeve? Thanks so much for reading.

Views: 254

Reply to This

Replies to This Discussion

Sorry to hear that, that's a extremely tough situation. Appears not much can be done besides just to keep pushing for the file to be reviewed one more time. Are you aware of what the homeowners FICO scores are?

[email protected]

310-564-6389

www.ishortsalenow.com

This is what a HUD rep advised. -

"Yes, they cannot complete a streamline short sale if the credit score is above 620. ( Mortgagee Letter 2013-23)

 

The lender has to review for retention options first, if they meet the requirements the borrower at that point cannot complete a short sale based on their credit score being higher than 580, if they do not meet the retention requirements then the lender would have to complete a full documented review to determine if they qualify for the standard short sale. (Mortgagee Letter 2008-43)"

Thank you both for your response. We don't know the current credit scores. The homeowner we have had our contact with did indicate she previously had a 800+ but didn't indicate what it is now.

I believe the owner stopped making payments some time ago (I think around May 2013) as we have received some notice that the foreclosure is moving forward.

Does it seem possible that we could still pursue a "standard" short sale as opposed to the "streamlined"? Thanks again for your time and expertise.

What was the reason the property was vacated?

RSS

Members

© 2024   Created by Short Sale Superstars LLC.   Powered by

Badges  |  Report an Issue  |  Terms of Service

********************************** like buttons ************************