have you had a seller that did not go through HAMP prior to applying for HAFA?

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yes but that's totally at the lender discretion as HAMP application is a pre-requisite of HAFA, I've also had a lender that approved the ss as though it were HAFA but due to an uncooperative 2nd, it couldn't go HAFA - that was a wonderful negotiator at Litton.
Bank of America screens nearly every workout request for the possibility of running through HAFA. With not only BofA, but also other lenders, I have had plenty of sellers be evaluated and sometimes put through HAFA whether they: sometime in years' past requested any type of loan modification; recently rejected a loan modification; or never requested a loan modification - never mind whether the modification was a HAMP workout.
For Non-Fannie Mae loans it is up to the discretion of the lender/servicer. Really they must be HAMP Eligible but do not have to go thru the actual HAMP modification process and they determine that just by running thru the hardship letter and the financial statements. I just got off the phone with Fannie Mae in Washington DC and for the GSE loans, it is a requirement that they are HAMP Eligible. That means the 31% ratio must be in play, which for homeowners with a true hardship and/or loss of job, that should not be a problem.

I have 2 servicers, CitiMtg and Merrill Lynch that are not playing by the rules for the new Fannie Mae Directive that was issued and mandated that the program go into effect on Aug. 1st, 2010. They are looking into it for me. Immiment Default does also qualify. My clients will be relocating out of the country and once that occurs, the wife will no longer be employed and therefore unable to make payments on the mortgage and then they would be HAMP Eligible. I am finding that no one is playing by the rules of the Fannie Mae HAFA Program...I have had more success with the Non-GSE HAFA Program.
I have not seen anyone play strictly by the HAFA rules, which in my case in my part of the country is mostly beneficial. Does anyone know whether Bank of America has gotten their act together regarding Fannie HAFA? Loan Resolution does not service the Fannies, and no one seems to know who is handling them.

Elise Fay said:
For Non-Fannie Mae loans it is up to the discretion of the lender/servicer. Really they must be HAMP Eligible but do not have to go thru the actual HAMP modification process and they determine that just by running thru the hardship letter and the financial statements. I just got off the phone with Fannie Mae in Washington DC and for the GSE loans, it is a requirement that they are HAMP Eligible. That means the 31% ratio must be in play, which for homeowners with a true hardship and/or loss of job, that should not be a problem.

I have 2 servicers, CitiMtg and Merrill Lynch that are not playing by the rules for the new Fannie Mae Directive that was issued and mandated that the program go into effect on Aug. 1st, 2010. They are looking into it for me. Immiment Default does also qualify. My clients will be relocating out of the country and once that occurs, the wife will no longer be employed and therefore unable to make payments on the mortgage and then they would be HAMP Eligible. I am finding that no one is playing by the rules of the Fannie Mae HAFA Program...I have had more success with the Non-GSE HAFA Program.
Thanks everyone, your feedback was useful

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