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Introduction to
  Short Sales for the
Real Estate Professional

         2008
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Freddie Mac – September                                                                         2
                                                      CONFIDENTIAL
2008
Objectives
      We want to discuss:
            Our mission to homeowners and the neighborhoods
            in which they live
            Background and key statistics on delinquencies
            and workouts
            Real Estate Professional’s perspective on current
            environment
            Retention and Liquidation Workout Options
            Short sales

Freddie Mac – September                                         3
                                  CONFIDENTIAL
2008
Mission
   Freddie Mac is dedicated to:
         Supporting its servicers’ early intervention efforts to help
         more borrowers stay in homes they can afford and want
         to keep
         Avoiding foreclosure when homeownership retention is
         not possible
         Reducing credit losses while maintaining neighborhood
         values
         Reducing the percentage of borrowers who go to
         foreclosure without ever making contact with their
         servicer
Freddie Mac – September                                                 4
                                    CONFIDENTIAL
2008
No Contact question
 What percentage of loans are placed into the
 foreclosure process without any personal contact
 being made with the borrower?
            a) 5%
            b) 6%
            c) 10%
            d) 50%

Freddie Mac – September                             5
                          CONFIDENTIAL
2008
No Contact question
 What percentage of loans are placed into the
 foreclosure process without any personal contact
 being made with the borrower?
            a) 5%
            b) 6%
            c) 10%
            d) 50%

Freddie Mac – September                             6
                          CONFIDENTIAL
2008
Background

          Loan modifications have been the workout of
          choice for the last several years
          As property values decrease, there will likely
          be an increase in the number of short sales
          which will keep REO inventories down and
          preserve neighborhoods




Freddie Mac – September                                    7
                                CONFIDENTIAL
2008
Background
               It’s becoming more difficult to negotiate short
               sales due to the frequency and size of junior
               liens
               Many real estate professionals are new to
               the short sale experience
               As short sales increase, the default servicing
               industry must re-develop relationships with
               all parties

Freddie Mac – September                                          8
                                   CONFIDENTIAL
2008
Key Statistics
   Delinquent Loan Inventory
          30 days delinquent at record number
          90 days or greater continue to grow
          Foreclosure sales at all time high
   Environment
          House prices/valuation falling in many areas of the US
          Housing stock with high inventory
          Tighter Credit Market makes it harder to finance
Freddie Mac – September                                            9
                                    CONFIDENTIAL
2008
Key Statistics
  Data
           Completing high number of workouts a year
           75% of Loan Modifications ‘cure’ for good
           70% of late stage repayment plans fail versus 40%
           of early stage
           Servicers report that less than a 50% contact rate
           with borrowers that went to foreclosure sale
           Roper survey showed the majority of borrowers do
           not contact their Servicers, but are willing to talk to
           a financial counselor.
Freddie Mac – September                                              10
                                      CONFIDENTIAL
2008
Workout Options
       Retention:
                Full or partial reinstatement
                Short-term or long-term forbearance
                Repayment plan
                Loan modification
                FHA partial claim / MI claim advance


Freddie Mac – September                                11
                                    CONFIDENTIAL
2008
Workout Options
      Liquidation:
                Full payoff
                Make whole preforeclosure sale
                Short sale
                Deed in lieu of foreclosure
                Delinquent loan assumption


Freddie Mac – September                           12
                                   CONFIDENTIAL
2008
What Is a Short Sale?
A short sale occurs when the net proceeds from the sale of a
property are insufficient to pay off the first lien
          Property value -                          $150,000

          Total amount due on first lien            $178,000

          Sales price -                    $148,000 (99% of value)
          6% Commission and closing costs ($ 13,000) (9% of sales price)
          Less funds from homeowner for cc $ 1,000
          Payment to $20K lienholder       ($ 2,000)
          Net proceeds -                    $134,000 (90% of value)

          Shortage/loss -                            ($44,000)
          20% MI Claim (100% of claim)                 $35,600
          Shortage/loss                               ($ 8,400)

Freddie Mac – September                                                    13
                                           CONFIDENTIAL
2008
Parties in Typical Real Estate
                     Transactions

                              Agents




                                                                        Buyer’s
                    Seller      Buyer
                                                                        Lender


                             Source – Effective Short Sale Workouts, Genworth Financial, Inc.

Freddie Mac – September                                                                         14
                                   CONFIDENTIAL
2008
Parties in a Short Sale
                                           Agents




                                Loan                  Mortgage            Mortgage
                      Seller                                                                        Buyer
                               Servicer               Investor             Insurer

      Housing
     Counselor
                                                                                        Pool
                                                                     Primary
                   Junior
                Lienholders
                                   HOA               Buyer’s
                                   Liens             Lender

                                                                 Source – Effective Short Sale Workouts, Genworth
                                                                 Financial , Inc
Freddie Mac – September                                                                                       15
                                             CONFIDENTIAL
2008
Short Sale Process
                              Servicer
         Servicer                                Servicer                                           Qualified
                                                                       If required,
                           determines if
      reviews short                            negotiates any                                       Short Sale
                                                                        investor and/or
                           investor and/or
      sale package                             participation                                        approved by all
                                                                        MI company
                          the MI company
                                             required from the                                      required parties
                                                                        each review
                            approval
                                               borrower
                            required




             Short sale closes
             Seller contributes to minimize the loss based on ability
             Seller avoids foreclosure
             The investor and the MI company minimize losses
             Real Estate Professional closes an additional sale
             Neighborhood avoids the stigma of foreclosure
                                                   Source – “Effective Short Sale Workouts” Genworth Financial, Inc


Freddie Mac – September                                                                                               16
                                                CONFIDENTIAL
2008
Who Benefits from a Short Sale?




                               Source – “Effective Short Sale Workouts”– Genworth Financial, Inc
Freddie Mac – September                                                                      17
                          CONFIDENTIAL
2008
Who Benefits From a Short Sale?



      •     Satisfies the debt for less than the full
            amount
      •     Avoids a foreclosure on his or her credit
            record
      •     Avoids the pursuit of a deficiency or a
            deficiency judgment
      •     May avoid reporting of discharged debt to
            the IRS

                                                   Source – “Effective Short Sale Workouts” – Genworth Financial, Inc
Freddie Mac – September                                                                                             18
                                               CONFIDENTIAL
2008
Who Benefits From a Short Sale?



      •     Potentially reduces losses over the
            insured amount
      •     Avoids an REO and the expenses
            incurred




                                                  Source – “Effective Short Sale Workouts”– Genworth Financial, Inc


Freddie Mac – September                                                                                               19
                                            CONFIDENTIAL
2008
Who Benefits From a Short Sale?



      •     Enhances relationships with buyers and sellers
      •     Increases Listings
      •     Increases Sales




                                                Source – “Effective Short Sale Workouts” – Genworth Financial, Inc

Freddie Mac – September                                                                                         20
                                            CONFIDENTIAL
2008
Who Benefits From a Short Sale?



      •     Enhances relationships with Investors
      •     Avoids an REO on a portfolio loan
      •     Potential investor incentives for
            completed Short Sales
      •     Avoids expensive servicing costs
            incurred on delinquent loans
      •     Enhances goodwill for future business


                                                   Source – “Effective Short Sale Workouts” – Genworth Financial, Inc

Freddie Mac – September                                                                                             21
                                                CONFIDENTIAL
2008
Who Benefits From a Short Sale?




      •     Reduces claim losses
      •     Avoids an REO and the expenses
            incurred




                                             Source – “Effective Short Sale Workouts”– Genworth Financial, Inc
Freddie Mac – September                                                                                    22
                                        CONFIDENTIAL
2008
Who Benefits From a Short Sale?



      •     Keeps housing values from depreciating
      •     Allows existing homeowners to keep
            refinance efforts.




                                                 Source – “Effective Short Sale Workouts” – Genworth Financial, Inc
Freddie Mac – September                                                                                         23
                                          CONFIDENTIAL
2008
Short Sale Preparation
Pre-listing interview with homeowner/
seller
         Does homeowner really want/need to
         sell?
         Discuss Other Workout Options
         Obtain payoff statement
         Determine all contingencies at time of
         listing (subject to investor approval, etc.)
         Advise the seller that their financial
         participation in the sale is requested

Freddie Mac – September                                 24
                                     CONFIDENTIAL
2008
Short Sale Preparation
      Time is of the essence
      Start with first lien
      Communicate with junior lien holder(s)
      and know their payoff requirements
      What is required by the seller’s servicer
      (loss mitigation department)
             See workout documentation




Freddie Mac – September                           25
                                  CONFIDENTIAL
2008
Base Documents for a Short Sale
    General workout documentation
            Hardship letter
            Seller’s financial statement (BFS 1126)
            Recent pay stub or P&L/tax return if self employed
            Complete sales contract signed by all parties
            Estimated seller’s closing costs or estimated HUD-1
            Buyer pre-approval letter
            Bank Statements (not required but helpful)
            Credit Report
Freddie Mac – September                                           26
                                    CONFIDENTIAL
2008
Short Sale Requirements
       Interior broker’s price opinion (BPO) with the 90-day
       “as is” marketing timeframe
              Sale is always “as is”
              Will accept more recent comps to support current value
       Net proceeds required
              Percentage of interior BPO value
              Closing costs and commissions
              Includes any payment to junior lienholders
       Seller’s financial participation in the transaction based
       on ability
Freddie Mac – September                                                27
                                       CONFIDENTIAL
2008
Freddie Mac Specifics
            Have seller ask servicer if investor is Freddie
            Mac
            More delegation to seller’s servicer
            Enhanced Short Payoff Program
            Willing to look at deals that make sense




Freddie Mac – September                                       28
                                  CONFIDENTIAL
2008
Short Sale Hurdles
            Inform seller of financial participation in the
            usual seller’s closing costs
            Have better or recent comps available
            Get buyers pre-approved through reputable
            lenders
            Must be arms length transaction – notarized
            affidavit if unclear


Freddie Mac – September                                       29
                                   CONFIDENTIAL
2008
Short Sale Hurdles

        Know who the owner (Investor) of the loan is
        Present market value offers
        Negotiations with all junior lien holders
        Clear, easy to read documentation




Freddie Mac – September                                30
                               CONFIDENTIAL
2008
Short Sale Hurdles
         Buyer on HUD-1 must be same as buyer on
         approval letter
         Seller receives no commission or proceeds from
         sale
         Include Power Of Attorney when sending HUD-1
         to servicer
         HUD-1 must be “certified true final”


Freddie Mac – September                                   31
                               CONFIDENTIAL
2008
Certified True Final question
      Who certifies that the HUD-1 is a “certified true
      final”?
         a) Servicer
         b) Closing Agent
         c) Real Estate Agent
         d) Investor



Freddie Mac – September                                   32
                                CONFIDENTIAL
2008
Certified True Final question
      Who certifies that the HUD-1 is a “certified true
      final”?
         a) Servicer
         b) Closing Agent
         c) Real Estate Agent
         d) Investor



Freddie Mac – September                                   33
                                CONFIDENTIAL
2008
Short Sale Hurdles
         Promissory notes must be prepared by Freddie
         Mac
         Executed promissory note must accompany
         HUD-1
         Do not reduce seller cash contribution
         Changes on HUD-1 to contract sales price or of
         buyer not pre-approved will negate the short
         sale

Freddie Mac – September                                   34
                               CONFIDENTIAL
2008
Resources
          Reinforce short sale as a workout option with servicers
          Continue to educate homeowners to avoid foreclosure
                 Retention options
                 Liquidation options
          Train and educate real estate professional
                 Webinar
                 Conference
                 Online reference material

Freddie Mac – September                                             35
                                       CONFIDENTIAL
2008
Resources

 http://www.FreddieMac.com/corporate/buyown
   /english/avoiding_foreclosure/index.html


 http://www.FreddieMac.com/corporate/buyown
   /spanish/avoiding_foreclosure/index.html



Freddie Mac – September                       36
                          CONFIDENTIAL
2008
Recap
     We discussed:
              Our mission to homeowners and the neighborhood in which
              they live
              Background and key statistics on delinquencies and
              workouts
              Real Estate Professional’s Perspective on current
              environment
              Retention and Liquidation Workout Options
              Short sales




Freddie Mac – September                                                 37
                                        CONFIDENTIAL
2008
Questions
          Training
          Wayne Ferguson
          National Trainer
          (571) 382–5214
          Wayne_Ferguson@FreddieMac.com

          Loss Mitigation
          Donna Brandveen
          Loss Mitigation Manager
          (703) 918-5144
          Donna_Brandveen@FreddieMac.com
Freddie Mac – September                    38
                            CONFIDENTIAL
2008
Thank you for your
                            participation!




Freddie Mac – September                         39
                                 CONFIDENTIAL
2008

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Fanniemae Shortsale for REALTORS®

  • 1. Introduction to Short Sales for the Real Estate Professional 2008
  • 2. Tools and Tips Close all other applications to enhance your workstation’s performance. Maximize the window used for viewing this recording. For technical Support, call (866) 229-3239 Visit our Learning Center to view other distance learning offerings www.freddiemac.com/learn Freddie Mac – September 2 CONFIDENTIAL 2008
  • 3. Objectives We want to discuss: Our mission to homeowners and the neighborhoods in which they live Background and key statistics on delinquencies and workouts Real Estate Professional’s perspective on current environment Retention and Liquidation Workout Options Short sales Freddie Mac – September 3 CONFIDENTIAL 2008
  • 4. Mission Freddie Mac is dedicated to: Supporting its servicers’ early intervention efforts to help more borrowers stay in homes they can afford and want to keep Avoiding foreclosure when homeownership retention is not possible Reducing credit losses while maintaining neighborhood values Reducing the percentage of borrowers who go to foreclosure without ever making contact with their servicer Freddie Mac – September 4 CONFIDENTIAL 2008
  • 5. No Contact question What percentage of loans are placed into the foreclosure process without any personal contact being made with the borrower? a) 5% b) 6% c) 10% d) 50% Freddie Mac – September 5 CONFIDENTIAL 2008
  • 6. No Contact question What percentage of loans are placed into the foreclosure process without any personal contact being made with the borrower? a) 5% b) 6% c) 10% d) 50% Freddie Mac – September 6 CONFIDENTIAL 2008
  • 7. Background Loan modifications have been the workout of choice for the last several years As property values decrease, there will likely be an increase in the number of short sales which will keep REO inventories down and preserve neighborhoods Freddie Mac – September 7 CONFIDENTIAL 2008
  • 8. Background It’s becoming more difficult to negotiate short sales due to the frequency and size of junior liens Many real estate professionals are new to the short sale experience As short sales increase, the default servicing industry must re-develop relationships with all parties Freddie Mac – September 8 CONFIDENTIAL 2008
  • 9. Key Statistics Delinquent Loan Inventory 30 days delinquent at record number 90 days or greater continue to grow Foreclosure sales at all time high Environment House prices/valuation falling in many areas of the US Housing stock with high inventory Tighter Credit Market makes it harder to finance Freddie Mac – September 9 CONFIDENTIAL 2008
  • 10. Key Statistics Data Completing high number of workouts a year 75% of Loan Modifications ‘cure’ for good 70% of late stage repayment plans fail versus 40% of early stage Servicers report that less than a 50% contact rate with borrowers that went to foreclosure sale Roper survey showed the majority of borrowers do not contact their Servicers, but are willing to talk to a financial counselor. Freddie Mac – September 10 CONFIDENTIAL 2008
  • 11. Workout Options Retention: Full or partial reinstatement Short-term or long-term forbearance Repayment plan Loan modification FHA partial claim / MI claim advance Freddie Mac – September 11 CONFIDENTIAL 2008
  • 12. Workout Options Liquidation: Full payoff Make whole preforeclosure sale Short sale Deed in lieu of foreclosure Delinquent loan assumption Freddie Mac – September 12 CONFIDENTIAL 2008
  • 13. What Is a Short Sale? A short sale occurs when the net proceeds from the sale of a property are insufficient to pay off the first lien Property value - $150,000 Total amount due on first lien $178,000 Sales price - $148,000 (99% of value) 6% Commission and closing costs ($ 13,000) (9% of sales price) Less funds from homeowner for cc $ 1,000 Payment to $20K lienholder ($ 2,000) Net proceeds - $134,000 (90% of value) Shortage/loss - ($44,000) 20% MI Claim (100% of claim) $35,600 Shortage/loss ($ 8,400) Freddie Mac – September 13 CONFIDENTIAL 2008
  • 14. Parties in Typical Real Estate Transactions Agents Buyer’s Seller Buyer Lender Source – Effective Short Sale Workouts, Genworth Financial, Inc. Freddie Mac – September 14 CONFIDENTIAL 2008
  • 15. Parties in a Short Sale Agents Loan Mortgage Mortgage Seller Buyer Servicer Investor Insurer Housing Counselor Pool Primary Junior Lienholders HOA Buyer’s Liens Lender Source – Effective Short Sale Workouts, Genworth Financial , Inc Freddie Mac – September 15 CONFIDENTIAL 2008
  • 16. Short Sale Process Servicer Servicer Servicer Qualified If required, determines if reviews short negotiates any Short Sale investor and/or investor and/or sale package participation approved by all MI company the MI company required from the required parties each review approval borrower required Short sale closes Seller contributes to minimize the loss based on ability Seller avoids foreclosure The investor and the MI company minimize losses Real Estate Professional closes an additional sale Neighborhood avoids the stigma of foreclosure Source – “Effective Short Sale Workouts” Genworth Financial, Inc Freddie Mac – September 16 CONFIDENTIAL 2008
  • 17. Who Benefits from a Short Sale? Source – “Effective Short Sale Workouts”– Genworth Financial, Inc Freddie Mac – September 17 CONFIDENTIAL 2008
  • 18. Who Benefits From a Short Sale? • Satisfies the debt for less than the full amount • Avoids a foreclosure on his or her credit record • Avoids the pursuit of a deficiency or a deficiency judgment • May avoid reporting of discharged debt to the IRS Source – “Effective Short Sale Workouts” – Genworth Financial, Inc Freddie Mac – September 18 CONFIDENTIAL 2008
  • 19. Who Benefits From a Short Sale? • Potentially reduces losses over the insured amount • Avoids an REO and the expenses incurred Source – “Effective Short Sale Workouts”– Genworth Financial, Inc Freddie Mac – September 19 CONFIDENTIAL 2008
  • 20. Who Benefits From a Short Sale? • Enhances relationships with buyers and sellers • Increases Listings • Increases Sales Source – “Effective Short Sale Workouts” – Genworth Financial, Inc Freddie Mac – September 20 CONFIDENTIAL 2008
  • 21. Who Benefits From a Short Sale? • Enhances relationships with Investors • Avoids an REO on a portfolio loan • Potential investor incentives for completed Short Sales • Avoids expensive servicing costs incurred on delinquent loans • Enhances goodwill for future business Source – “Effective Short Sale Workouts” – Genworth Financial, Inc Freddie Mac – September 21 CONFIDENTIAL 2008
  • 22. Who Benefits From a Short Sale? • Reduces claim losses • Avoids an REO and the expenses incurred Source – “Effective Short Sale Workouts”– Genworth Financial, Inc Freddie Mac – September 22 CONFIDENTIAL 2008
  • 23. Who Benefits From a Short Sale? • Keeps housing values from depreciating • Allows existing homeowners to keep refinance efforts. Source – “Effective Short Sale Workouts” – Genworth Financial, Inc Freddie Mac – September 23 CONFIDENTIAL 2008
  • 24. Short Sale Preparation Pre-listing interview with homeowner/ seller Does homeowner really want/need to sell? Discuss Other Workout Options Obtain payoff statement Determine all contingencies at time of listing (subject to investor approval, etc.) Advise the seller that their financial participation in the sale is requested Freddie Mac – September 24 CONFIDENTIAL 2008
  • 25. Short Sale Preparation Time is of the essence Start with first lien Communicate with junior lien holder(s) and know their payoff requirements What is required by the seller’s servicer (loss mitigation department) See workout documentation Freddie Mac – September 25 CONFIDENTIAL 2008
  • 26. Base Documents for a Short Sale General workout documentation Hardship letter Seller’s financial statement (BFS 1126) Recent pay stub or P&L/tax return if self employed Complete sales contract signed by all parties Estimated seller’s closing costs or estimated HUD-1 Buyer pre-approval letter Bank Statements (not required but helpful) Credit Report Freddie Mac – September 26 CONFIDENTIAL 2008
  • 27. Short Sale Requirements Interior broker’s price opinion (BPO) with the 90-day “as is” marketing timeframe Sale is always “as is” Will accept more recent comps to support current value Net proceeds required Percentage of interior BPO value Closing costs and commissions Includes any payment to junior lienholders Seller’s financial participation in the transaction based on ability Freddie Mac – September 27 CONFIDENTIAL 2008
  • 28. Freddie Mac Specifics Have seller ask servicer if investor is Freddie Mac More delegation to seller’s servicer Enhanced Short Payoff Program Willing to look at deals that make sense Freddie Mac – September 28 CONFIDENTIAL 2008
  • 29. Short Sale Hurdles Inform seller of financial participation in the usual seller’s closing costs Have better or recent comps available Get buyers pre-approved through reputable lenders Must be arms length transaction – notarized affidavit if unclear Freddie Mac – September 29 CONFIDENTIAL 2008
  • 30. Short Sale Hurdles Know who the owner (Investor) of the loan is Present market value offers Negotiations with all junior lien holders Clear, easy to read documentation Freddie Mac – September 30 CONFIDENTIAL 2008
  • 31. Short Sale Hurdles Buyer on HUD-1 must be same as buyer on approval letter Seller receives no commission or proceeds from sale Include Power Of Attorney when sending HUD-1 to servicer HUD-1 must be “certified true final” Freddie Mac – September 31 CONFIDENTIAL 2008
  • 32. Certified True Final question Who certifies that the HUD-1 is a “certified true final”? a) Servicer b) Closing Agent c) Real Estate Agent d) Investor Freddie Mac – September 32 CONFIDENTIAL 2008
  • 33. Certified True Final question Who certifies that the HUD-1 is a “certified true final”? a) Servicer b) Closing Agent c) Real Estate Agent d) Investor Freddie Mac – September 33 CONFIDENTIAL 2008
  • 34. Short Sale Hurdles Promissory notes must be prepared by Freddie Mac Executed promissory note must accompany HUD-1 Do not reduce seller cash contribution Changes on HUD-1 to contract sales price or of buyer not pre-approved will negate the short sale Freddie Mac – September 34 CONFIDENTIAL 2008
  • 35. Resources Reinforce short sale as a workout option with servicers Continue to educate homeowners to avoid foreclosure Retention options Liquidation options Train and educate real estate professional Webinar Conference Online reference material Freddie Mac – September 35 CONFIDENTIAL 2008
  • 36. Resources http://www.FreddieMac.com/corporate/buyown /english/avoiding_foreclosure/index.html http://www.FreddieMac.com/corporate/buyown /spanish/avoiding_foreclosure/index.html Freddie Mac – September 36 CONFIDENTIAL 2008
  • 37. Recap We discussed: Our mission to homeowners and the neighborhood in which they live Background and key statistics on delinquencies and workouts Real Estate Professional’s Perspective on current environment Retention and Liquidation Workout Options Short sales Freddie Mac – September 37 CONFIDENTIAL 2008
  • 38. Questions Training Wayne Ferguson National Trainer (571) 382–5214 Wayne_Ferguson@FreddieMac.com Loss Mitigation Donna Brandveen Loss Mitigation Manager (703) 918-5144 Donna_Brandveen@FreddieMac.com Freddie Mac – September 38 CONFIDENTIAL 2008
  • 39. Thank you for your participation! Freddie Mac – September 39 CONFIDENTIAL 2008