I am working a GMAC first and second. Last year (2011) I had it approved and the buyer could not get financing. It took months to get a new buyer. The negotiator now tells me that the loan was discharged and now he is acting on the file like it was his own. No BPO, no nothing. He called me 30 minutes after uploading all the final requested documents and said he wanted to reduce the commission by 2%, give the second $3,400 instead of $3,000 (both GMAC) and get a $2,000 seller contribution. The seller used this home as his primary residence and then got a job transfer. He could not sell the home in the current market so he rented it and later decided to short sale it. My question is, if he qualifies as an owner occupant under the IRS government guidelines, must live in the home for 24 out of the last 60 months, does this still qualify this property as an owner occupied property by bank standards? If so I do not think the bank can require a cash contribution. This will also effect the sellers 1099 tax status. I also have another similar one with different lenders. None of these loans are Fannie or Freddie. I need to respond to this quickly so any input would be appreciated.
You need to be a member of Short Sale Superstars to add comments!
Replies
https://www.gmacmortgage.com/pdfs/HAFA-Eligibility-Matrix.pdf
I know that lenders verify occupancy in different ways. In my opinion the IRS rule doesn't translate into the lender's rules. The bank can require whatever they choose if it is a traditional short sale because short sales are seen as a privilege not a right in the lender's eyes. If he hasn't lived there in the last year I would suggest that as far as the lenders are concerned, this is a NOO property. Unfortunately, the burden of proof is on the seller to show that they have lived there recently.
Justin,
Thanks for your thoughts. I did just find a HAFA guideline that states the 1 year time frame. I guess we will just deal with it. We have some other avenues we are trying to get this completed for everyone's best interest.