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7-9-13 Updated Pre-Foreclosure Sale (PFS) and Deed in Lieu (DIL) of Foreclosure - Effective 10-1-13.
FHA National Servicing Center
(877) 622-8525 Customer Service
1-800-489-1733 Fax
1-866-808-5050 Fax for LOA
customerservice@novadconsulting.com
301 NW 6th Street, Suite 200
Oklahoma City, OK 73102
National Servicing Center:
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Please note that effective October 1, 2014, Deval LLC will no longer be HUD's National Servicing loan servicing contractor. The new contractor, Novad Management Consulting will be your new point of contact.
For all Customer Service questions please contact [email protected]
FHA Contract Clause
"Sale is contingent upon the seller receiving prior written approval of Insert Name of Lender/Servicer."
FHA Listing Agreement Clause
“Seller may cancel this agreement prior to the ending date
of the listing period without advance notice to the broker, and
without payment of a commission or any other consideration if
the property is conveyed to the mortgage insurer or the mortgage
holder.” The sale completion is subject to approval (under HUD
guidelines) by the mortgagee.
Started by Noelle Battle. Last reply by Short Sale Superstars LLC Nov 22, 2019. 5 Replies 0 Likes
Started by Neil L.. Last reply by Short Sale Superstars LLC Oct 3, 2019. 2 Replies 0 Likes
Started by Savita Savita. Last reply by Short Sale Superstars LLC Sep 26, 2018. 1 Reply 0 Likes
Comment
Kevin,
I do not know the precise "incentives" on a PFS sale, but I think that the Servicer is largely fee based, with a incentive that is not large enough to alter their behavior, and the FHA is covered by the insurance fund and the taxpayer, if necessary.
The financial incentives do not seem to be strong enough to achieve the greatest return on the distressed asset.
Except, for the agents, who get the hard-earned commission, assuming that the appraisal is FMV....
Michael, Sadly you are correct. I have two PFS currently in progress now. One has been on the market over a year due to a high flawed appraisal and another went under contract and approved in less than a week because of a low appraisal. I'ts a crap shoot.
In my experience, the single largest flaw in the FHA/PFS program is the handling of the appraisal. If the initial appraisal is above fair market value (FMV), then it may well be impossible to sell the property within the 120 day PFS marketing period.
I have four FHA properties where the FHA appraised value significantly exceeds FMV, so there is no way to achieve the 84% threshold. And, the Servicer will no complete a variance request. The properties just sit there. I tell WF, BofA, HUD this isn't going to work, but they do not seem to care. They have no skin in this, they just sit back and let the property move to DIL or foreclosure.
I escalated this to FHA , wrote a memo, sent to Commissioner Stevens et al., and talked with the Director of Single Family Asset Management. She said:
She has never heard of this problem before. No Servicer has ever brought this to her attention. FHA does not think that any action needs to be taken, because they don't think there is a problem with Appraised Values exceeding FMV. If the appraisal is performed by a FHA appraiser, then it must be well formed.
She was simply not interested in feedback based on real experience.
It does not seem to matter to the FHA whether the property sell or not. PFS works because the agents are motivated to sell the property, not because the FHA or the Servicer is engaged, they are not.
Hi there. This is awesome. Kent I will email you later today and I really appreciate this. Kevin I am waiting....he (GMAC) took a turn the other day after he did something (deleted my email without reading it and I called him on it) so I am waiting to see if, finally, this current show of cooperation will hold. We just resubmitted the offer and he was in agreement that due to this new appraisal being a 203K they "HAVE" to at least consider it. The better part of valor is telling me to at least wait until we get an answer on the newly submitted offer package. Thoughts?
I am so thankful for this thread. I have been reading it faithfully and I just can't express enough how wonderul this site is.
Looking forward to talking again later and will let you know what the outcome is.
Dawn, Have you tried escalating to a VP @ GMAC or contacting the FHA's NSC?
Try contacting if you are unable to resolve at the servicer level -
Darrell Powell
Hi Kevin
GMAC. He is insisting that he is getting denials from HUD - that they will not consider an appraisal done by the buyers bank and he indicated, that they were standing firm on the appraisal(s) that they have and no impression was given that another would be done at any time. GMAC's HUD was submitted 12/24 and was riddled with errors including lot size, bath count etc. We only received 2 pages and I had to beg for the repair page. This home has some major issues including failed septic. The buyers was done some two weeks ago and was SO much more complete and correct. Ironically - both have the same repaired value. The difference was in the cost and the items to fix. I was present at both and both appraisers received the exact same information. The comps were also far from the same and the new appraiser had the most accurate comps. I have had little to no cooperation from GMAC - I have had to adopt the "walking on eggshells" attitude with this guy - very uncomfortable and extremely difficult to do one's job with absolute lack of communication. Honestly, when this is over, I am writing a book! Any help or suggestions will be greatly appreciated.
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