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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.
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Comment
If you have already received an have a valid ATP the Borrower's financials have already been reviewed and the have been deemed eligible for the FHA Pre-Foreclosure Sale.
They did the same thing to me. I asked EH how they arrived at the new figure and took notes. The student loans were in deferrment so they subtracted that and CREATED a surplus. I pointed this out to FHA and they gave us a variance. Call them right away.
CONTACT FHA
FHA staff are available to help answer your questions and assist you to better understand your options as an FHA borrower under these loss mitigation programs. There are several ways you can contact FHA for more information, including:
Call the NSC at (877) 622-8525 |
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Call the FHA Outreach Center at 1-800-CALL FHA (800-225-5342) | |
Persons with hearing or speech impairments may access this number via TTY by calling the Federal Information Relay Service at (800) 877-8339 | |
http://portal.hud.gov/hudportal/HUD?src=/program_offices/housing/sf... |
HELP!!! I received the Approval to Participate (HUD-90045) in September of 2012 and the Sales Contract Review (HUD-90051) in November of 2012. The servicer is EverHome and their communication is horrible. They kept saying the borrower's had a surplus which they didn't and I kept submitting them updated financials and financial statements proving this point. Finally on Monday they said the short sale was denied due to the "surplus." I should have escalated to HUD months ago but I was always told, "should have approval any day now."
Does anyone have any contacts at HUD that they can share?
Thanks,
Phil
Tom, You'll need to fight with BOA to get the new Appraisal completed. Otherwise they will just request HUD extend the existing Appraisal.
"Can I assume that the minimum net proceeds to the bank will drop once the ratio changes to 86%?"
Yes.
On my approval to participate, it shows a list price of $340,000 (appraised value) and a minimum net proceeds to the bank of $299,200.... which is 88% of the list price. Can I assume that the minimum net proceeds to the bank will drop once the ratio changes to 86%?
I had a buyer for my FHA Short Sale with Bank of America that recently fell through at the minimum 84% value. House needed too much work. House has been on the market for 4 months and needs too much work. My ATP date expires on the 27th of February. I understood that if a new offer came in after the appraisal aged to 120 days, the bank would automatically do a new appraisal. Based on the condition of this house, all the feedback has been that it's overpriced. I need a new appraisal done and my strategy was to reduce the price to market value and submit it.... and the bank would automatically request a new appraisal. Well, my negotiator has come back with an appraisal reconsideration request ... asking for comps and a letter of justification for the new appraisal. Shouldn't they just request a new appraisal based on the 120 day period expiring? I've had a hard time with this negotiator in the past and I feel like she's stalling. Suggestions? Thanks in advance.
"A PFS must be reported to national credit bureaus as a “short sale”. Mortgagees will be responsible for filing a Form 1099-A (Acquisition or Abandonment of Secured Property) with the Internal Revenue Service and reporting any discharge of indebtedness, in accordance with the Internal Revenue Code."
Source - Mortgagee Letter 2008-43
Need to know if a seller who does a FHA shortsale will received a 1099c so they can complete IRS form 982 to waive the tax on the deficiency. Seller called Wells Fargo today and was advised she wouldn't receive one. Any assistance is greatly appreciated
What are the chances that I can get a lender to postpone a foreclosure sale scheduled for 02/21/13? The homeowner applied for a loan modification and just learned that she is not eligible. The lender did NOT complete the waterfall by considering her for the FHA PFS alternative. Does anyone think I have time?
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