What Do You Think Of The HAFA Short Sale Lease Back Program?

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Short sale lease back programs have been around for quite some time now. In an SSLB program, the homeowner short sells their home and subsequently rents from the new owner upon closing the sale. Most of these type of programs have been fraudulent by nature but now HAFA allows a leaseback program if the homeowner qualifies.

Is it a good idea to lease back to homeowners who were not able to pay the mortgage payments in the first place? At the same time, isn’t it much easier to rent your own home until you repurchase another home? Let’s review once and for all, the Short Sale Lease Back Program.

This pilot for this leaseback program started in California and is starting to gain attention. The most recent headline stated that Wells Fargo is now endorsing the notion of the SSLB. The way the program works is, treasury issued a supplement to HAFA guidelines allowing “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.”

In other words, if you or your agent is able to find a non-profit organization willing to purchase your home and lease it back to you, you may obtain a minimum 3 year lease to stay in the home while having the option to buy back your home at a set price. The rental rate will be based off the comparable market rental rates in your area.

What do you think about this program? Our experiences with these types of programs have been abysmal as we have seen cases of homeowners who joined the leaseback program but immediately struggled with an increase in rental rate forcing them to vacate due to non-payment. Many of these situations were fraudulent and those involved were penalized.

We are not claiming that this is what the non-profit companies would do but in our opinion, one of the mains reasons to short sale is to lower your monthly house payments by temporarily downgrading your living situation in order to rebuild credit and save up for your next home. If you decide to remain in your home, you will most likely have a small discrepancy between your previous & new payment amount.

Thoughts? Do you think the Short Sale Leaseback Program is a viable option for homeowners? Post your comments below!

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Comment by Simon Campbell on February 19, 2013 at 3:23am

I believe that the SSLB program gives false hopes to homeowners. First, the only eligible buyers for this program are approved non-profit organizations. This narrows the possibility of a SSLB due to a lack of qualified and willing non-profit organizations.

Second, if the homeowner cannot scrape together enough to make their loan payment, how will they be able to reliably pay a rental amount that is only "slightly less" than their mortgage?  Plus, the new owner needs to factor in the taxes and insurance into the rental amount.  This could effectively increase their monthly payment.

This is one reason why lenders put a clause in most of their short sale agreements which does not allow a lease back relationship.

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