Standardized Short Sale Rules (HAFA) Take Effect April 5
The federal government’s standardized rules and forms for short sales take effect April 5, 2010. Under the Home Affordable Foreclosure Alternatives Program (HAFA), homeowners who are unable to keep their homes under the Home Affordable Modification Program may participate in standardized short sale and deed-in-lieu of foreclosure (DIL) procedures in order to avoid foreclosure. The HAFA Program provides servicer, seller and junior lien holder incentives for these transactions and is designed to simplify and streamline use of short sales and DIL.
To read more, see the March 2010 Legal Update, “Uniform short Sales,” @ www.wra.org/LU1003. For NAR resources regarding HAFA, including a 14-minute video walk-through with Jeff Lischer, NAR managing director of regulatory policy and an hour-long Webinar, visit http://www.realtor.org/realtors/basics_short_sales?wt.mc_id=rd0041
After studying this current economic situation, its causes and effects, I have come to the conclusion, the most effective way to turn this condition around is to find a cure for two situations, jobs and foreclosures. There is little I can do to create jobs. As for reducing the amount of foreclosures, I have taken the time to research programs designed to help people avoid foreclosure and created this web page listing links to the best resources available. Please feel free to contact me with sources which are not listed.
My research has shown there is an unbelievable amount of web sites and businesses created to take advantage of this situation. While searching the Internet a large amount of paid advertising designed to lure unsuspecting consumers will appear in the search results. One of the major concerns is having the ability to find reliable information. To avoid scams begin your Internet search on sites ending with the .gov suffix. The .gov shows the information is listed on a government site, such as www.irs.gov. Many government sites contain links to other sources and agencies.
You may also contact local Real Estate Agents for specific information in your area. Many Real Estate Agents have advanced training in the area of short sales and foreclosures. If you are considering selling your property, my suggestion is to interview a number of agents before making a decision. Ask them about the type of marketing they use to advertise a property. Ask for addresses of current listings and search the Internet to see if they have adequate exposure. Local Real Estate Agents will be able to review current market conditions, giving you an idea of a sale value for your property and an estimated time it may take to sell.
In many cases a number of options may be available. It may also be a good idea to consult an attorney before making a decision. Contact a local government sponsored organization offering credit counseling. Many local governments have grant and refinance programs available. Ask your local Real Estate Agent or search the Internet for web sites supported by your local city and county government agencies.
Contacting your lender may be the first step. Gather information on refinancing and restructuring loans. You can search the Internet using the key words, loan modification .gov. Again, look for sites ending with the .gov, such as HUD.gov.
Http://www.hud.gov/offices/hsg/sfh/nsc/faqlm.cfm
Http://makinghomeaffordable.gov/
Free HUD Foreclosure Avoidance Counseling
http://www.hud.gov/offices/hsg/sfh/hcc/fc/
The most important factor is, getting in touch with the right sources and beginning the process as soon as possible. The longer you wait the less time you will have to seek alternative solutions.
Following is a list of sites aimed at helping home owners facing the possibility of foreclosure.
Here is a portion of information from the IRS site concerning debt relief. Many home owners are looking for information concerning the liability of taxes in regards to a short sale or foreclosure.
Dec. 11, 2008 — The Mortgage Forgiveness Debt Relief Act of 2007 generally allows taxpayers to exclude income from the discharge of debt on their principal residence. Debt reduced through mortgage restructuring, as well as mortgage debt forgiven in connection with a foreclosure, qualify for this relief.
This provision applies to debt forgiven in calendar years 2007 through 2012. Up to $2 million of forgiven debt is eligible for this exclusion ($1 million if married filing separately). The exclusion doesn't apply if the discharge is due to services performed for the lender or any other reason not directly related to a decline in the home's value or the taxpayer's financial condition.
Here is a link to the IRS site.
Http://www.irs.gov/individuals/article/0,,id=179414,00.html
Http://www.irs.gov/newsroom/article/0,,id=174034,00.html
The following links provide information about foreclosure procedures from state to state. Each site provides a little information to answers some of the questions most home owners may have.
http://www.realtytrac.com/foreclosure-laws/foreclosure-laws-comparison.asp
Http://www.foreclosures.com/pages/state_laws.asp
Specific questions can be answered on web sites such as AllExperts.
Http://www.allexperts.com/cl2/2927/realestate/Foreclosure/
Make sure you do not pass along any personal information unless you know exactly who you are dealing with. When asked to share information, credit card companies and the IRS will ask a number of questions such as date of birth, address and phone number. They will never ask this information if they place a call to you. Know who you are calling. If you receive a letter, confirm the contact information, address and phone number on the Internet before calling. Never give charge card numbers or social security numbers over the phone unless you can verify who you are talking to.
Local Wisconsin Information.
