I have a FHA short sale, ATP has been approved. First buyer walked out. The second buyer is getting a FHA203K loan for this property. However, she needs a 6% closing costs assistance. The net requirement is met with her offer. Who submits the variance request? The servicer is GMAC.

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The Servicer (GMAC in this case) submits the request for the Variance.  6% is a tall order even when meeting the net requirement.  May need to find a better Buyer...

More than likely you'll need a copy of the Buyer's GFE and a Letter from their Lender.

Buyer's GFE has been uploaded. They are taking a 203K loan for this property.

You'll have to fight to get the 6%.  Let me know if you get it approved, but I have my doubts.

Best of Luck.

Net requirement is actually met even with the 6%.i will try and let you know.

Check their guidelines, but I'm pretty sure the max they will pay toward closing on an FHA Pre-Foreclosure Sale is 1% if the buyer is an FHA buyer.  They will not pay any closing for a VA, Cash, or Conventional buyer.  No harm in requesting it, but don't get your hopes up.  Good luck and let us know what happens.

HUD (aka The National Servicing Center) will routinely approve a Variance of 3% (regardless of the type of Loan) if the tiered net proceeds are still met.  The 1% in the PFS Guidelines is for what the Servicer/Lender can approve without a Variance.  I personally have never requested more than 3%, but have never heard of 6% being approved.

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