I continue to try to educate myself in the new Nov 1 rules pertaining to Fannie and Freddie. I am now being told that "some but not all" servicers will have delegated authority to approve without separate approval from Freddie Mac. This is not mentioned in any of the guidelines. I cannot imagine that Wells Fargo being the giant that it is, is not given delegated authority to approve a short sale meeting the required criteria, however my negotiator insists she has to get Freddie's approval on all of her files. At the moment this is killing my deal because of the new EMV (estimated market value) and MNR (Minimum net required) that Freddie is using instead of the BPO. Does anyone know if Wells indeed HAS delegated authority and if so how can I enforce the guidelines that they must follow?
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Delegated authority is based solely on how many of the approval criteria your offer meets (this is explained fully in my book - "Are you more likely to see Bigfoot or a short sale approval letter?"
Banks approve short sales based on:
1 - total loss
2 - average loss in the area
3 - offer vs. bpo/appraisal valuation
If you meet one or two of the above, you have a level 1 or level 2 approval. Meet all 3 and the Servicer is granted delegated authority, meaning they are permitted to make decisions without further clearance from the Investor on the note.
All my best to everyone.
Ben Benita
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