All About HAFA

If you’re a financially distressed home owner facing the possibility of foreclosure either now or in the near future, please contact me today and I’ll be happy to answer all of your questions.

Sincerely,

Jon Griffith, CDPE

What is HAFA?

Details of HAFA

Who Is Eligible?

How to Apply?

Who is Supporting HAFA?

Summary

What is HAFA?

The Home Affordable Foreclosure Alternatives (HAFA) Program is a government-sponsored initiative led by the US Treasury Department assisting all Home Affordable Modification Program (HAMP)-eligible homeowners in avoiding foreclosure, specifically through short sales or deeds-in-lieu. First introduced November 30, 2009 in Supplemental Directive 09-092 as part of HAMP, HAFA assists eligible homeowners in quickly and effectively implementing short sales by providing financial incentives to lenders that work in conjunction with HAMP to assist homeowners in need. The program was introduced in part with the intent to remove the stigma from short sales and help keep communities from being destroyed through massive foreclosures. HAFA in its current state is only applicable to conventional-type, non-Governmental Serviced Enterprises (non-GSE) mortgages and therefore does not apply to loans owned or guaranteed with Fannie Mae or Freddie Mac. These organizations may have plans to release their own versions of HAFA.

Details of HAFA

HAFA was introduced to simplify and streamline the short sale process. HAFA accomplishes this in the following ways2:

  • Compliments HAMP by providing viable alternatives for borrowers who are HAMP-eligible
  • Utilizes borrower financial and hardship information collected in conjunction with HAMP, eliminating the need for additional eligibility analysis
  • Allows the borrower to receive pre-approved short sale terms prior to the property listing
  • Prohibits the servicer from requiring, as a condition of approving the short sale, a reduction in the real estate commission agreed upon in the listing agreement
  • Requires that borrowers be fully released from future liability for the debt
  • Uses standard processes, documents and timeframes
  • Provides financial incentives to borrowers, servicers and investors

HAFA provides financial incentives as follows:

  • Financial incentives for lenders participating in the program include a $1,000 servicing bonus
  • Homeowners can receive up to $1,500 in relocation assistance (which, in some cases, may classify as taxable income) after a short sale or deed-in-lieu has been executed
  • Lenders pay all servicing fees – homeowners suffer zero out-of-pocket expenses

Who Is Eligible for HAFA?

Most homeowners in facing financial hardship are eligible. As a rule, if a homeowner is eligible for HAMP but cannot pay the mortgage, then he or she is eligible for an assisted short sale through HAFA. However, loans owned or guaranteed through Fannie Mae or Freddie Mac do not qualify. Servicers must consider possible HAMP eligible borrowers for HAFA within 30 calendar days if the borrower has one or more of the following criteria4 :

  • Does not qualify for a HAMP Trial Period Plan
  • Does not successfully complete a HAMP Trial Period Plan
  • Is delinquent on a HAMP modification by missing at least two consecutive payments
  • Requests a short sale or deed-in-lieu

For a loan to qualify, it must meet the following criteria2:

  • The property is the borrower’s principal residence
  • The mortgage loan is a first lien mortgage originated on or before January 1, 2009
  • The mortgage is delinquent or default is reasonably foreseeable
  • The current unpaid principal balance is equal to or less than $729,750
  • The borrower’s total monthly mortgage payment (as defined in Supplemental Directive 09-015) exceeds 31 percent of the borrower’s gross income
  • The mortgage is not owned or guaranteed by Fannie Mae or Freddie Mac

How to Apply For HAFA

Homeowners interested in utilizing foreclosure alternatives under HAFA are instructed to contact their lender if they meet the qualifications6 and inform them of their desire to participate. After April 5, 2010 – when HAFA activates – the application process will become more apparent. Since this program will be essentially administered by lenders, a HAFA short sale is analogous to a pre-HAFA short sale.

Who is Supporting HAFA?

Lender and loan servicers participating in HAFA must have signed a servicer participation agreement with Fannie Mae – the program administrator and financial agent representing the United States in this case – to participate in HAMP by December 31, 2009. Therefore, most lenders are participating. As April 5 approaches, lenders are developing comprehensive programs in order to prepare for the expected flood of applications for short sale agreements and deeds-in-lieu of foreclosure that HAFA will unleash.

Bank of America

  • Bank of America announced in March its commitment to participate in HAFA when it activates. It has been preparing for a more streamlined process for months though its support of HAMP.
  • Bank of America’s short sale processor Equator has announced the launch of a brand-new best practices software workflow solutions directly related to HAFA10.

Citibank

  • Citibank is participating in HAMP which is a requirement for participating in HAFA

GMAC Financial Services

  • GMAC has started a program to preemptively contact borrowers who are not eligible for loan modifications under HAMP and offering discussing alternatives through HAFA and claims a three-day turnaround on short sale applications12

Lenders Asset Management Corporation (LAMCO)

  • LAMCO has been training teams of specialists to support mortgage servicers comply with HAFA and quickly negotiate short sales11

Wachovia

  • Wachovia is participating in HAMP which is a requirement for participating in HAFA

Wells Fargo

  • Wells Fargo is participating in HAMP which is a requirement for participating in HAFA
  • Wells Fargo has been ramping up efforts to assist homeowners by actively contacting those who are facing hardships

NATIONAL PARTICIPATING SERVICERS

Currently, the HAFA Program has not been activated. Therefore, there is not yet an official list of participating lenders. Generally speaking, lenders who participate in HAFA are also participating in HAMP. For a full list of servicers participating in HAMP, visit Making Home Affordable’s Participating Servicers List.

Summary

The Home Affordable Foreclosure Alternatives (HAFA) Program offers a set of guidelines and financial incentives to lenders in order to streamline and simplify the short sale and deed-in-lieu of foreclosure process. The program is overseen by the US Treasury Department, administered by Fannie Mae and executed by participating lending institutions. On April 5, 2010, the program will activate and run until December 31, 2012, unless extended. The program in its current state does not support loans owned or guaranteed by Fannie Mae or Freddie Mac, but these organizations may implement their own HAFA-based programs in the future.