B of A is 1st w/a balance of ~ $145,000.  USAA is 2nd w/a balance of ~ $86,000.  We have an offer for $195,000.  Homeowner is requesting HAFA SS from B of A to get the $3,000 incentive.  Should I also ask for $6,000 to USAA, to reduce the deficiency on the 2nd for the homeowner?  Not sure if the 2nd can only receive a total of $6,000 under the HAFA "rules", or if that is just the total from the 1st.  In this case the 2nd will receive ~ $23,000 but with the $6,000 they will get ~ $29,000.

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I am sure others will chime in but since there is no deficiency for BofA, you don't qualify for a HAFA short sale.  Also, you will not submit a short sale package to the 1st at all since it is not a short sale payoff to the 1st.  You should order a payoff demand for the 1st to be certain of your costs.  You only need to negotiate with the 2nd.  The negotiation should be easy since they will get over 40% payoff.

agreed.

After expenses the 2nd is getting ~ 27%.

 

B of A originally declined the HAFA SS because the house is not occupied but they are sending it forward again for underwriting approval because they didn't realize the house was only vacated a month ago and only because the homeowner took a job in another state.  So it is not an automatic decline on the HAFA SS. 

 

Sorry Chris.  I calculated my expenses differently.  Here is the math I used:

$195,000   sale price

- $13,650   7% expenses (6% commission and 1% other transaction costs for seller)

-----------

181,350

-145,000  payoff to BofA

----------

36,350  left for payoff to USAA which is 42% of $86,000

Apparently you have an additional $13k in expenses. 

Either way...not a short sale for the 1st lien and HAFA doesn't apply.  BofA will not look at this at all but it will take them months to figure that out.

Christy is absolutely correct - At some point BofA is going to realize they don't need to spend any time on your transaction - they get paid in full no matter what. 

 

Is the borrower current or are they in arrears and accumulating penalties, etc. If in arrears, better get on the ball with the 2nd or their money will dwindle by the penalties for BofA.  IMHO, you are wasting your time talking to BofA - you need to talk to USAA fast !

OK, I received a phone call from a B of A Social Media rep who monitors these sites regularly and saw my post ... thank goodness!  As my gut instincts told me and as you all say it is true that once B of A figures out our sales price is more than their payoff the short sale will be declined.  Although I've told them this over and over they are task driven and not realizing this as they still have us in the system as "HAFA without an offer".  I have been working with the 2nd all along and we are close to agreement so we should be good to go now. 

If it will be a full payoff to BofA - they need to get this file out of their system so you can close once you get to an agreement with the 2nd.  BofA really has nothing to do with it.  As long as your settlement service has a Payoff demand from BofA and there's enough money to fulfill it, your done and unfortunately it was a waste of time.

 

I continue to be interested in how this plays out -

 

All the best !

 

Thom Colby

DOES ANYONE KNOW HOW TO GET A PAYOFF STATEMENT FROM B OF A, EVEN IF VERBALLY AT THIS POINT? 

I finally received the approval letter last week from USAA.  Before proceeding, we need to know the payoff balance (precisely) for BofA to be sure we can meet the net to USAA that they approved.  We (me, escrow, homeowner) have been trying to get a payoff statement for over a week now. 

Chris -   Tweet @BofA_Help they will get it done !

Thanks Thom.  I did Tweet last Friday and they said they will have to refer to the line of business as they do not have access to payoff statements. 

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