San Jose Short Sales

HAFA Short Sale

HAFA – Home Affordable Foreclosure Alternative

Kathleen Daniels, San Jose Short Sale Agent on Real Estate Radio Bay Area hosted by Karen Levine.

Saturdays from 1-2pm


HAFA – Eligibility is Similar to HAMP

The basic HAFA eligibility criteria are similar to the eligibility criteria for the HAMP – loan modification.

  • The property must be the borrowers principal residence. For Treasury Department HAFA the property can be vacant up to 12 months.
  • The mortgage loan is a first lien mortgage which originated on or before January 1, 2009.
  • The mortgage is delinquent or default is reasonably foreseeable.
  • The current unpaid balance is equal to or less than $729,750. This is for a single unit meaning a condo/townhome or single family home. Note: The balance mentioned in the KDOW Radio interview was mis-spoken as $729,550.
  • Must have a verified hardship.

Prior to the February 2011 Policy Update to Supplemental Directive 10-18, in order for a borrower to qualify for HAFA, the total monthly mortgage payment (principal, interest, property taxes, insurance and homeowner association fees, if any) had to exceed 31% of the borrower’s gross income.

Borrowers are no longer required to prove that the monthly payment exceeds 31% of monthly gross income. This means it is no longer the servicer’s responsibility to verify the 31% payment issue.  Borrowers must still prove hardship.

This Policy Update also creates the opportunity for servicers to re-evaluate borrowers who were previously determined to be ineligible for HAFA due to the 31% requirement.

If a servicer declines a borrower for HAFA then the request for a HAFA short sale waterfalls or transitions to a non-HAFA short sale.





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