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Home Affordable Foreclosure Alternatives

A streamlined                                         As a component of the Making Home Affordable Program (MHA), the
approach for short                                    Home Affordable Foreclosure Alternatives (HAFA) initiative offers
                                                      eligible borrowers who did not qualify for or complete a permanent
sales and deeds-in-
                                                      modification under the Home Affordable Modification program (HAMP)
lieu to help more                                     or another home retention option to avoid foreclosure. HAFA solutions
borrowers avoid                                       help stabilize communities by limiting foreclosures in surrounding
foreclosure                                           neighborhoods and allow affected borrowers to transition into more
                                                      affordable housing.




       Program Eligibility                                                     Key Features

      Mandatory for first-lien mortgages owned, guaranteed, or                The initiative strives to help borrowers who do not
      securitized by Freddie Mac that were originated on or                   qualify for or complete a HAMP permanent
      before January 1, 2009, and it will expire December 31,                 modification, or other Freddie Mac foreclosure
      2013.                                                                   alternatives, transition into more affordable housing
      Eligible properties are single-family 1-4 unit primary                  and avoid foreclosure.
      residences, including condos, Single-Family                             Servicers must proactively offer a HAFA Short Sale to
      Seller/Servicer Guide (Guide)-eligible manufactured                     eligible borrowers and use standard documents and
      homes, and negotiated conforming jumbos.                                tools.
      Servicers must verify that the borrower is occupying the                All potentially eligible borrowers must be considered for
      property as a primary residence, and it is not abandoned,               HAFA before the mortgage is referred to foreclosure or
      condemned, or vacant (without an applicable exception).                 a pending foreclosure sale is conducted.
      Borrowers must meet the basic eligibility criteria for                  Borrowers cannot make cash contributions or
      HAMP, but not qualify for or complete a HAMP                            promissory note obligations to satisfy either the first lien
      modification or other Freddie Mac home retention                        or subordinate liens, and upon completion of the HAFA
      solutions.                                                              Short Sale or HAFA Deed-in-Lieu all mortgage debts
      Borrowers must be more than 60 days delinquent and                      are extinguished.
      have cash reserves less than the greater of $5,000 or                   Borrowers and Servicers may receive incentives for
      three times their current monthly mortgage payment.                     successfully closing a HAFA Short Sale or HAFA
                                                                              Deed-in-Lieu, subject to certain requirements.
      Borrowers who may be in foreclosure, in pending
      litigation involving the mortgage, or who are in active
      bankruptcy may be eligible for this initiative.
      Borrowers must be able to convey a clear, marketable
      title to the mortgaged property.




FreddieMac.com                                       Publication Number 846                      The information in this document is not a
Freddie Mac is proud to play a leading role in the
Freddie Mac is proud to play a leading role in the   April 2012                                  replacement or substitute for information found
                                                                                                 in the Single-Family Seller/Servicer Guide
Making Home Affordable Program.
Making Home Affordable Program.
                                                                                                 and/or the terms of your Master Agreement
                                                                                                 and/or Master Commitment.
HOME AFFORDABLE FORECLOSURE ALTERNATIVES
General Solicitation             Servicers must consider HAMP-eligible borrowers for HAFA when the borrower:
                                  Is determined by the Servicer that they do not qualify for a HAMP Trial Period Plan, or
                                  Does not successfully complete a HAMP Trial Period Plan, or
                                  Is offered, but refuses, a HAMP Trial Period Plan and any other Freddie Mac home retention solution, and
                                    requests a short sale or deed-in-lieu of foreclosure, and
                                  Is delinquent on his or her modified mortgage by missing at least two consecutive payments.

Short Sale                       Servicers must proactively notify eligible borrowers about the availability of a HAFA Short Sale in writing and
Solicitation                     allow the borrower 14 calendar days from the date of the notice to respond to the offer.
                                 Borrowers cannot be offered a HAFA Short Sale Agreement if they are in an active HAMP Trial Period Plan,
                                 performing on a HAMP modification, or being evaluated for a Freddie Mac Short Payoff.

Deed-in-Lieu                     A HAFA Deed-in-Lieu may be offered if the home does not sell within the HAFA Short Sale marketing period,
Solicitation                     and Freddie Mac authorizes the HAFA Deed-in-Lieu.

SUPPORTING DOCUMENTS
Short Sale                       Form 1135, HAFA Short Sale Agreement (SSA)
Documents                         The Servicer/borrower agreement that authorizes the borrower to sell the mortgaged property to a third
                                    party and have Freddie Mac accept the sale proceeds in full satisfaction of the mortgage.
                                 Form 1136, HAFA Request for Approval of Short Sale (RASS)
                                  Must be completed by a borrower to request approval for a HAFA Short Sale.
                                 Form 1137, HAFA Approval of Short Sale
                                  Must be completed by the Servicer and sent to the borrower when they consent and approve a borrower’s
                                    request for approval of a HAFA Short Sale.
                                 Form 1138, HAFA Disapproval of Short Sale
                                  Must be completed by the Servicer and sent to the borrower when they disapprove a borrower’s request for
                                    approval of a HAFA Short Sale.

Deed-in-Lieu                     Form 1139, HAFA Deed-in-Lieu Agreement
Documents                         The Servicer/borrower agreement that allows the borrower to transfer ownership of the mortgaged property
                                    to Freddie Mac in lieu of foreclosure.

Additional                       Form 710, Uniform Borrower Assistance Form*
Documents                         Provides borrower’s certified financial information and reasons for hardship
                                  Includes a request for income and hardship documentation that may be necessary for certain foreclosure
                                    alternative evaluations
                                 Exhibit 93, Evaluation Model Clauses*
                                  HAFA Short Sale Offers
                                     Servicer must send a HAFA Short Sale model letter offering a HAFA Short Sale together with Form 1135,
                                       SSA, and Form 1136, RASS.
                                  HAFA Deed-in-Lieu Offers
                                     Servicer must send a HAFA Deed-in-Lieu model letter offering a HAFA Deed-in-Lieu together with Form
                                       1139, Deed-in-Lieu Agreement.
                                  Refer to Guide Section 64.6(d) for guidance on using model letters.

RESPONSE TIMELINE
Acknowledgement of               Within three business days of receiving a complete BRP, Servicers must acknowledge to the borrower its
Borrower Response                receipt of the BRP in accordance with Guide Section 64.6(d)(3).
Package (BRP)                    Within five business days of receiving an incomplete BRP, Servicers must notify the borrower of missing
                                 information and documentation in accordance with Guide Section 64.6(d)(4).
                                 Within five days of an evaluation decision, but no later than 30 days following receipt of a complete BRP, the
                                 Servicer must provide to the borrower an evaluation decision and send the appropriate Borrower Evaluation
                                 Notice in accordance with Guide Section 64.6(d)(5).




    Freddie Mac is proud to play a leading role in the              2
    Making Home Affordable Program.
Short Sale Offers                 Submission of Form 1135, HAFA SSA:
                                     Once the Servicer has extended a HAFA Short Sale offer to the borrower via an SSA/Borrower Evaluation
                                     Notice, the borrower must submit an executed SSA to the Servicer within 14 days of the date of the
                                     Borrower Evaluation Notice.
                                   Submission of Form 1136, HAFA RASS:
                                   Borrower must submit an executed RASS and its required attachments in accordance with Guide Section
                                     D65.5(e) to the Servicer within three business days of receiving a purchase offer.
                                   Servicers must respond to the borrower with a decision, in accordance with the requirements set forth in
                                     Guide Section D65.5.(f), within 10 business days of receiving an executed RASS.

Counteroffers                    Borrowers must respond to the Servicer’s counteroffer within five business days of the date the completed
                                 Form 1138, HAFA Disapproval of Short Sale, is received.
                                 Servicers must respond to the borrower within 10 business days of receiving the borrower’s response to the
                                 counteroffer.
SERVICING TECHNOLOGY
                          ®
Workout Prospector               Servicers must use Workout Prospector for all borrowers being considered for a HAFA Short Sale or HAFA
                                 Deed-in-Lieu.
FEES AND INCENTIVES

Amounts Paid by                  No borrower processing fees may be charged to the borrower. The borrower cannot be required to make a cash
Borrower                         contribution or execute a promissory note to release the first lien or any subordinate lien(s).

                                 Notary fees, release fees, property valuation fees, credit report fees, and other required fees.
Fees Paid by Servicer
                                 May request reimbursement for certain costs that would otherwise be paid by the borrower.

Subordinate Lien                 Six percent of the outstanding unpaid principal balance of each subordinate lien in order of lien priority, with an
Holder Incentives                aggregate total of $6,000 to all lien holders, will be offered in exchange for releasing their liens and satisfying
                                 the underlying debts.

Servicer Incentives              $2,200 will be paid upon successful completion of the borrower’s HAFA Short Sale and $1,500 for a HAFA
and Reimbursements               Deed-in-Lieu.

Borrower Incentives              $3,000 will be paid to the borrower to help with relocation expenses after a completed HAFA Short Sale or
                                 HAFA Deed-in-Lieu.



 For More Information:
     Call 800-FREDDIE.
     Contact your Freddie Mac representative.
     Visit Freddie Mac’s Home Affordable Foreclosure Alternatives Web page at
     FreddieMac.com/singlefamily/service/hafa.html
     Additional information about the federal Making Home Affordable program can be found at
     www.makinghomeaffordable.gov.

 Servicer understands that this document may not incorporate every requirement under, and is not to be relied on as a replacement or
 substitute for, the information contained in the Single-Family Seller/Servicer Guide (Guide) or Guide Bulletin. Servicer is responsible for
 complying with the requirements of the Guide and relevant Guide Bulletins(s), notwithstanding the extent to which they may be
 inconsistent with this document. Refer to Guide Chapter D65 and Guide Bulletin 2012-9.




    Freddie Mac is proud to play a leading role in the               3
    Making Home Affordable Program.

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Hafa bulletin fact_sheet4-12

  • 1. Home Affordable Foreclosure Alternatives A streamlined As a component of the Making Home Affordable Program (MHA), the approach for short Home Affordable Foreclosure Alternatives (HAFA) initiative offers eligible borrowers who did not qualify for or complete a permanent sales and deeds-in- modification under the Home Affordable Modification program (HAMP) lieu to help more or another home retention option to avoid foreclosure. HAFA solutions borrowers avoid help stabilize communities by limiting foreclosures in surrounding foreclosure neighborhoods and allow affected borrowers to transition into more affordable housing. Program Eligibility Key Features Mandatory for first-lien mortgages owned, guaranteed, or The initiative strives to help borrowers who do not securitized by Freddie Mac that were originated on or qualify for or complete a HAMP permanent before January 1, 2009, and it will expire December 31, modification, or other Freddie Mac foreclosure 2013. alternatives, transition into more affordable housing Eligible properties are single-family 1-4 unit primary and avoid foreclosure. residences, including condos, Single-Family Servicers must proactively offer a HAFA Short Sale to Seller/Servicer Guide (Guide)-eligible manufactured eligible borrowers and use standard documents and homes, and negotiated conforming jumbos. tools. Servicers must verify that the borrower is occupying the All potentially eligible borrowers must be considered for property as a primary residence, and it is not abandoned, HAFA before the mortgage is referred to foreclosure or condemned, or vacant (without an applicable exception). a pending foreclosure sale is conducted. Borrowers must meet the basic eligibility criteria for Borrowers cannot make cash contributions or HAMP, but not qualify for or complete a HAMP promissory note obligations to satisfy either the first lien modification or other Freddie Mac home retention or subordinate liens, and upon completion of the HAFA solutions. Short Sale or HAFA Deed-in-Lieu all mortgage debts Borrowers must be more than 60 days delinquent and are extinguished. have cash reserves less than the greater of $5,000 or Borrowers and Servicers may receive incentives for three times their current monthly mortgage payment. successfully closing a HAFA Short Sale or HAFA Deed-in-Lieu, subject to certain requirements. Borrowers who may be in foreclosure, in pending litigation involving the mortgage, or who are in active bankruptcy may be eligible for this initiative. Borrowers must be able to convey a clear, marketable title to the mortgaged property. FreddieMac.com Publication Number 846 The information in this document is not a Freddie Mac is proud to play a leading role in the Freddie Mac is proud to play a leading role in the April 2012 replacement or substitute for information found in the Single-Family Seller/Servicer Guide Making Home Affordable Program. Making Home Affordable Program. and/or the terms of your Master Agreement and/or Master Commitment.
  • 2. HOME AFFORDABLE FORECLOSURE ALTERNATIVES General Solicitation Servicers must consider HAMP-eligible borrowers for HAFA when the borrower:  Is determined by the Servicer that they do not qualify for a HAMP Trial Period Plan, or  Does not successfully complete a HAMP Trial Period Plan, or  Is offered, but refuses, a HAMP Trial Period Plan and any other Freddie Mac home retention solution, and requests a short sale or deed-in-lieu of foreclosure, and  Is delinquent on his or her modified mortgage by missing at least two consecutive payments. Short Sale Servicers must proactively notify eligible borrowers about the availability of a HAFA Short Sale in writing and Solicitation allow the borrower 14 calendar days from the date of the notice to respond to the offer. Borrowers cannot be offered a HAFA Short Sale Agreement if they are in an active HAMP Trial Period Plan, performing on a HAMP modification, or being evaluated for a Freddie Mac Short Payoff. Deed-in-Lieu A HAFA Deed-in-Lieu may be offered if the home does not sell within the HAFA Short Sale marketing period, Solicitation and Freddie Mac authorizes the HAFA Deed-in-Lieu. SUPPORTING DOCUMENTS Short Sale Form 1135, HAFA Short Sale Agreement (SSA) Documents  The Servicer/borrower agreement that authorizes the borrower to sell the mortgaged property to a third party and have Freddie Mac accept the sale proceeds in full satisfaction of the mortgage. Form 1136, HAFA Request for Approval of Short Sale (RASS)  Must be completed by a borrower to request approval for a HAFA Short Sale. Form 1137, HAFA Approval of Short Sale  Must be completed by the Servicer and sent to the borrower when they consent and approve a borrower’s request for approval of a HAFA Short Sale. Form 1138, HAFA Disapproval of Short Sale  Must be completed by the Servicer and sent to the borrower when they disapprove a borrower’s request for approval of a HAFA Short Sale. Deed-in-Lieu Form 1139, HAFA Deed-in-Lieu Agreement Documents  The Servicer/borrower agreement that allows the borrower to transfer ownership of the mortgaged property to Freddie Mac in lieu of foreclosure. Additional Form 710, Uniform Borrower Assistance Form* Documents  Provides borrower’s certified financial information and reasons for hardship  Includes a request for income and hardship documentation that may be necessary for certain foreclosure alternative evaluations Exhibit 93, Evaluation Model Clauses*  HAFA Short Sale Offers  Servicer must send a HAFA Short Sale model letter offering a HAFA Short Sale together with Form 1135, SSA, and Form 1136, RASS.  HAFA Deed-in-Lieu Offers  Servicer must send a HAFA Deed-in-Lieu model letter offering a HAFA Deed-in-Lieu together with Form 1139, Deed-in-Lieu Agreement.  Refer to Guide Section 64.6(d) for guidance on using model letters. RESPONSE TIMELINE Acknowledgement of Within three business days of receiving a complete BRP, Servicers must acknowledge to the borrower its Borrower Response receipt of the BRP in accordance with Guide Section 64.6(d)(3). Package (BRP) Within five business days of receiving an incomplete BRP, Servicers must notify the borrower of missing information and documentation in accordance with Guide Section 64.6(d)(4). Within five days of an evaluation decision, but no later than 30 days following receipt of a complete BRP, the Servicer must provide to the borrower an evaluation decision and send the appropriate Borrower Evaluation Notice in accordance with Guide Section 64.6(d)(5). Freddie Mac is proud to play a leading role in the 2 Making Home Affordable Program.
  • 3. Short Sale Offers Submission of Form 1135, HAFA SSA: Once the Servicer has extended a HAFA Short Sale offer to the borrower via an SSA/Borrower Evaluation Notice, the borrower must submit an executed SSA to the Servicer within 14 days of the date of the Borrower Evaluation Notice. Submission of Form 1136, HAFA RASS:  Borrower must submit an executed RASS and its required attachments in accordance with Guide Section D65.5(e) to the Servicer within three business days of receiving a purchase offer.  Servicers must respond to the borrower with a decision, in accordance with the requirements set forth in Guide Section D65.5.(f), within 10 business days of receiving an executed RASS. Counteroffers Borrowers must respond to the Servicer’s counteroffer within five business days of the date the completed Form 1138, HAFA Disapproval of Short Sale, is received. Servicers must respond to the borrower within 10 business days of receiving the borrower’s response to the counteroffer. SERVICING TECHNOLOGY ® Workout Prospector Servicers must use Workout Prospector for all borrowers being considered for a HAFA Short Sale or HAFA Deed-in-Lieu. FEES AND INCENTIVES Amounts Paid by No borrower processing fees may be charged to the borrower. The borrower cannot be required to make a cash Borrower contribution or execute a promissory note to release the first lien or any subordinate lien(s). Notary fees, release fees, property valuation fees, credit report fees, and other required fees. Fees Paid by Servicer May request reimbursement for certain costs that would otherwise be paid by the borrower. Subordinate Lien Six percent of the outstanding unpaid principal balance of each subordinate lien in order of lien priority, with an Holder Incentives aggregate total of $6,000 to all lien holders, will be offered in exchange for releasing their liens and satisfying the underlying debts. Servicer Incentives $2,200 will be paid upon successful completion of the borrower’s HAFA Short Sale and $1,500 for a HAFA and Reimbursements Deed-in-Lieu. Borrower Incentives $3,000 will be paid to the borrower to help with relocation expenses after a completed HAFA Short Sale or HAFA Deed-in-Lieu. For More Information: Call 800-FREDDIE. Contact your Freddie Mac representative. Visit Freddie Mac’s Home Affordable Foreclosure Alternatives Web page at FreddieMac.com/singlefamily/service/hafa.html Additional information about the federal Making Home Affordable program can be found at www.makinghomeaffordable.gov. Servicer understands that this document may not incorporate every requirement under, and is not to be relied on as a replacement or substitute for, the information contained in the Single-Family Seller/Servicer Guide (Guide) or Guide Bulletin. Servicer is responsible for complying with the requirements of the Guide and relevant Guide Bulletins(s), notwithstanding the extent to which they may be inconsistent with this document. Refer to Guide Chapter D65 and Guide Bulletin 2012-9. Freddie Mac is proud to play a leading role in the 3 Making Home Affordable Program.