Short sale - borrower deceased - bank wants to do HAFA

I have bank (SPS) that absolutely will not move forward unless the PR signs the HAFA hardship affidavit.  I told them that since the borrower is dead, he wouldn't qualify for HAFA. They don't care.  The Hardship aff states that the borrower is requesting to be reviewed for MHA. Are they allowed to do this??

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Comment by Kathi on January 12, 2015 at 6:25am

the bank has all the docs.  Now their pulling their usual, "Oh, I'm sorry we don't have your authorization" so I had to send it in again.  The 3 siblings live in England and just don't want to sign the docs.  I'm going to see about the POA thoufh..  The bank will have to accept that.

Comment by Short Sale Superstars LLC on January 9, 2015 at 11:42am
Is there an executor of estate? They shouldn't require their financial information, but some paperwork such as a poa, executor of estate, and loe's will be needed.

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Comment by Debra Berry on January 9, 2015 at 11:36am

I have a short sale with a deceased borrower.  The lender is NationStar and say they can do the short sale.  HUD told me the short sale can't happen so I am not sure what will happen.  The lender wanted the POA's financial information.  I told them no so I am not sure if I should stop the short sale and let the proeprty go into foreclosue. I don't want to waste the buyer's time on something that is never going to happen.  Can they do a short sale when the borrower is deceased?

Comment by Kathi on November 11, 2014 at 6:09am

The PR lives in England and doesn't have a fax, so the listing agent is going to have to mail it and wait for it to come back which will take about 2 weeks.

Comment by Short Sale Superstars LLC on November 11, 2014 at 5:20am

Have you escalated the file? Have you considered having a letter written opting out of HAFA and MHA? What are your concerns on having the HAFA affidavit signed?

[email protected]

310-564-6389

www.ishortsalenow.com

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