HUD Issues New FHA Short Sale Guidelines Making Numerous Changes and Increasing Ratios For Sales Price To Fair Market Value
The changes to the HUD rules for FHA mortgage short sales supersede the prior rules of the Pre-Foreclosure Sale Program.
The ratio of sales price to fair market value has gone up! Previously the sales price had to net 82% (after closing costs) of fair market value of the home. Now the ratios have gone up to 88%, 86% and 84% of fair market value. (This is okay if the appraisal is realistic, but since many come in high, the extra 2% was helpful) The ratio used depends on the amount of time the home has been on the market. Here is the way the tiered system works:
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For the first 30 days of marketing the property, the lender may only approve offers that will result in minimum net sales proceeds of 88% of the as-is appraised fair market value as determined by a FHA approved appraiser.
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During the next 30 days of marketing, the lender may only approve offers that will result in minimum net sales proceeds of 86% of the as-is appraised fair market value.
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For the remainder of the Pre-Foreclosure Sale marketing period, the lender may only approve offers that will result in minimum net sales proceeds of 84%.
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Even if the ratios are met, HUD is giving the lender the discretion to deny or delay a sale that meets the minimum 84% ratio if they feel that continued marketing will produce a higher net sales price.
They have defined what allowable closing costs are that go against the proceeds to arrive at a net proceed amount.
Closing costs items specifically NOT allowed to be charged to the seller's side are:
- Repair Reimbursements or Allowances
- Home Warranty Fees
- Lender's Title Insurance Fee
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Discount points or loan fees for non-FHA financing (They WILL now allow up to 1% of the buyer's loan amount in closing costs to the seller's side ONLY IF the buyer is buying the home with a new FHA-insured mortgage)
For agents that are familiar with FHA short sales, they have eliminated the 63% for fair market value to outstanding mortgage balance (including unpaid principal and accrued interest). With the declining market, this change is a very favorable change because previously this 63% requirement could create problems.
The new guidelines specifically state that if the Pre-Foreclosure sale is unsuccessful, after a homeowner participates in good faith, and the home ultimately forecloses, neither HUD nor the lender will be pursued for deficiency judgments. It also states that a pre-foreclosure sale has to be reported to the national credit bureaus as a "Short Sale."
There are many other guidelines that are outlined in this 18 page lender letter, but these are the important changes that relate to how a short sale offer must be written by the buyer's agent (or negotiated to this point by the knowledgeable seller's agent) to qualify. It is pointless to submit an offer on a short sale property when it is a FHA loan if the offer does not meet this basic criteria. Another reason to make sure your agent completely understands the short sale process. Whether you are buying or selling a short sale property, you should make sure your agent is a trained specialist and thoroughly understands the process to save yourself months of frustration and the increased likelihood that the short sale will be unsuccessful.