CitiMortgage Home Affordable Foreclosure Alternative (HAFA) Matrix

Transcription

1 CitiMrtgage Hme Affrdable Freclsure Alternative (HAFA) Matrix All servicers that have signed agreements with the U.S. Department f the Treasury (Treasury) t participate in the Hme Affrdable Mdificatin Prgram (HAMP) must cnsider eligible brrwers wh d nt qualify fr HAMP fr ther freclsure preventin ptins including Hme Affrdable Freclsure Alternatives (HAFA) which includes shrt sale and deed-in-lieu (DIL). Hwever, each servicer has sme discretin in determining additinal eligibility criteria and certain prgram rules. In rder t assist brrwers and their representatives in understanding any unique cmpnents f a servicer s HAFA Plicy, Treasury, has develped this HAFA Matrix. The summary infrmatin in this matrix is prepared slely by CitiMrtgage (CMI) and des nt represent any determinatin by the Treasury as t the servicer's cmpliance with the Treasury's plicies and guidance fr HAFA. Treasury des nt endrse any language r plicy described in this matrix. Any questins regarding the infrmatin cntained in this matrix shuld be directed slely t CitiMrtgage. Effective as f: 10/1/2015 ELIGIBILITY The lan must be wned by CitiMrtgage r by a private investr (i.e. a Nn-GSE Lan). REQUIREMENTS The mrtgage lan is a first lien mrtgage riginated n r befre January 1, Fr Shrt Sale and Deed in Lieu The mrtgage is delinquent (> 60 days past due) r default is reasnably freseeable (imminent default). Lans currently in Freclsure and Bankruptcy are eligible. The current unpaid principal balance f the lan is equal t r less than: 1 Unit-$729,750 2 Units - $934,200 3 Units - $1,129,250 4 Units - $1,403,400 The brrwer has dcumented a financial hardship, evidenced by a signed Hardship Affidavit r Request fr Mrtgage Assistance (RMA), in which the brrwer has expressed that he r she des nt have sufficient liquid assets t make the mnthly mrtgage payment. Freclsure Sale Date: Lans in freclsure that have a sale date set which is < 60 days frm the date that the brrwer requests cnsideratin fr HAFA are ineligible. Once a freclsure sale has ccurred the lan is n lnger eligible. CitiMrtgage will first evaluate the brrwer fr a HAMP mdificatin prir t any cnsideratin being given t HAFA ptins. Brrwers that meet the eligibility criteria fr HAMP but wh are nt ffered a Trial Perid Plan, d nt successfully cmplete a Trial Perid Plan, r default n a HAMP mdificatin will first be cnsidered fr the ther lan mdificatin r retentin prgrams ffered by CitiMrtgage prir t being evaluated fr HAFA. The prperty securing the mrtgage lan is nt cndemned. Eligible brrwers may submit their request until December 23, Subrdinate Liens It is the respnsibility f the brrwer t deliver clear marketable title t the purchaser r investr and t wrk with the listing brker, settlement agent and/r lien hlders t clear title impediments. Page 1 f 6

2 CitiMrtgage is permitted t negtiate with subrdinate lien hlders n behalf f the brrwer. On behalf f the investr, CitiMrtgage will authrize the settlement agent t allcate up t an aggregate f $12,000 f the grss sale prceeds as payment(s) t subrdinate mrtgage/lien hlder(s) secured by a mrtgage n the subject prperty in exchange fr a lien release and full release f brrwer liability. Each lienhlder may be paid six percent (6%) f the unpaid principal balance f their lan, until the $12,000 aggregate cap is reached. Payments will be made at clsing frm the grss sale prceeds and must be reflected n the Clsing Disclsure. Such cap des nt apply t nn-mrtgage subrdinate lien hlders with subrdinate liens nt secured by a mrtgage n the subject prperty, such as mechanics liens r liens assciated with assessments wing t hmewner s assciatins. CitiMrtgage will authrize the settlement agent t allw any prtin f the grss prceeds t be used as payment(s) t subrdinate nn-mrtgage lien hlders in exchange fr a lien release and full release f brrwer liability. Mrtgage Insurance: Fr lans that have mrtgage insurance cverage, the transactin must cmply with CitiMrtgage s agreement with the mrtgage insurer; therwise, CitiMrtgage must submit the transactin t the mrtgage insurer and btain apprval fr HAFA. A mrtgage lan des nt qualify fr HAFA unless the mrtgage insurer waives any right t cllect additinal sums (cash cntributin r a prmissry nte) frm the brrwer. Private Investrs: Each private investr makes a decisin as t whether r nt they will participate in HAFA. When CitiMrtgage recmmends a HAFA shrt sale n a lan serviced n behalf f a private investr, we seek such investr s apprval n a case-by-case basis. Servicemember Civil Relief Act (SCRA) Eligible military service members wh qualify fr SCRA benefits and are eligible fr shrt sale will receive a shrt sale agreement cntaining minimum net prceeds that will be accepted fr the shrt sale transactin. This is dependent upn receipt f the listing agreement and all required 3 rd party apprvals. Terminatin: CitiMrtgage may terminate the terms f the pre-apprval as a result f any f the fllwing events: The brrwer s financial situatin imprves significantly, the brrwer qualifies fr a mdificatin, r the brrwer brings the accunt current r pays the mrtgage in full. The brrwer r ther ccupant(s), r the listing brker fails t act in gd faith in listing, marketing and/r clsing the sale. There is evidence f fraud r misrepresentatin. The brrwer files fr bankruptcy and the Bankruptcy Curt declines t apprve a sale under the terms f the Shrt Sale Ntice (SSN). Litigatin is initiated r threatened that culd affect title t the prperty r interfere with a valid cnveyance. Page 2 f 6

3 DOCUMENTATION REQUIREMENTS Pre-apprved Shrt Sale Ntice (SSN) Hardship Affidavit r Request fr Mdificatin and Affidavit (RMA) Evidence f residency: CitiMrtgage may request ne r mre the fllwing t cnfirm principal residence: tax return, tax bill, utility bill, valid passprt, driver s license, Medicare card, permanent resident card r armed frces identificatin. An executed Ddd-Frank Certificatin frm each brrwer and stating they have nt been cnvicted f any ne f the fllwing, in cnnectin with a mrtgage r real estate transactin, within the last 10 years: felny larceny, theft, fraud r frgery, mney laundering r tax evasin Subrdinate lien dcumentatin (a payff qute frm any subrdinate lien hlder including written cmmitment frm the subrdinate lien hlder that it will release the brrwer frm all claims and liability relating t the subrdinate lien in exchange fr receiving the agreed upn payff amunt). Frm f incme verificatin, if less than 60 days past due (please see Imminent Default sectin belw) HAFA Affidavit: Bth the seller (brrwer) and purchaser in a HAFA shrt sale transactin are required t execute a HAFA affidavit prir t clsing that certifies, amng ther attestatins, that the sale represents an arms-length transactin and that n mney is being given r received that is nt reflected n the Clsing Disclsure. Existing Offer Submitted prir t HAFA pre-apprval f Shrt Sale The same dcuments as SSN are required plus: Accepted purchase cntract The purchase cntract must include a clause stating that the sale must represent an arm s length transactin, and that the purchaser may nt sell the prperty within 30 calendar days f clsing and fr the perid between 31 and 90 calendar days f the clsing, the purchaser is prhibited frm selling the prperty fr a grss sales price greater than 120% f the HAFA shrt sale price. Buyer s dcumentatin f funds r buyer s pre-apprval r cmmitment letter n letterhead frm a lender All infrmatin regarding the status f subrdinate liens and/r negtiatins with subrdinate lien hlders Imminent Default If the lan is less than 60 days past due, CitiMrtgage will request the fllwing financial dcuments (in additin t the dcuments requested fr the Pre-apprved Shrt Sale Ntice): Tax returns (last 2 years tax returns, if nt yet filed verificatin f extensin letter is required) Pay stubs/bank statements (2 pay stubs/bank statements dated within the last 60 days) Debt Dcumentatin (hardship letter stating the reasn fr delinquency and if pssible verificatin: such as hspital bill, etc.) Nte: Brrwers requesting relcatin assistance n behalf f a nn-wner ccupant must ensure that a Nn-Owner Occupant Certificatin, which als includes a Ddd-Frank Certificatin, is executed by each eligible nn-wner ccupant that is t receive relcatin incentive and deliver such certificatin t CitiMrtgage in advance f the transactin clsing date. Page 3 f 6

4 VALUATIONS PAYMENTS DURING MARKETING PERIOD DEED-IN-LIEU POLICY/ SPECIAL PROGRAMS Establishing Prperty Value - CitiMrtgage will assess the current value f the prperty using a cmpliant evaluatin. The valuatin will be independent f the brrwer and any ther parties t the transactin. CitiMrtgage will nt require the brrwer t pay in advance fr the valuatin, but will add the cst t the utstanding debt in accrdance with the brrwer s mrtgage dcuments and applicable law in the event the shrt sale r DIL is nt cmpleted. The valuatin must be less than six mnths ld as f the date f the evaluatin. Disputed Valuatins Thrugh the listing prcess, it is critical that CitiMrtgage and the brrwer agree n the value f the hme in rder t get the prperty listed crrectly t cmplete a HAFA shrt sale. If CitiMrtgage is using a value that the brrwer r the brrwer s real estate brker disagrees with such value may be disputed by: Cntacting yur assigned Hmewner Supprt Specialist (this representative will be determined at the time yu are reviewed fr HAFA eligibility). Prviding any additinal cmparables in the area including sales/listings and/r prviding external valuatin methds such as BPO s, AVM s, r appraisals. These values shuld supprt the reasn fr the dispute. HAFA des allw a brrwer t request an appraisal t be cmpleted n their prperty. CitiMrtgage may add the cst f the appraisal t the utstanding debt f their mrtgage in accrdance with the brrwer s mrtgage dcuments and applicable law. The estimated evaluatin timeframe is within 30 days. New Value Determinatins: T the extent a new value determinatin is less than the value determinatin used in the SSN, CitiMrtgage will ntify the brrwer and/r the brrwer s real estate brker f the new value determinatin, and cnfirm the new list price r acceptable sale prceeds based n the new value determinatin. Price Reductin Review During Marketing Perid The list price will be reviewed, at a minimum, every 30 days within the marketing perid. CitiMrtgage will identify in the SSN r DIL Agreement, the amunt f the mnthly mrtgage payment that the brrwer is required t make during the term f the applicable agreement and pending transfer f prperty wnership. CitiMrtgage requires the mnthly payment t be the lesser f the brrwer s current mnthly payment r 20% f the brrwer s grss mnthly incme. CitiMrtgage will accept a HAFA DIL after the 120 day SSN marketing perid has expired where the prperty did nt sell r if the brrwer refuses t cnsider a shrt sale. CitiMrtgage will prvide a full release f the debt and waiver f all claims against the brrwer. The brrwer must agree t vacate the prperty in n less than 30 days, as negtiated, leave the prperty in brm clean cnditin and deliver clear, marketable title t CitiMrtgage. The fllwing terms apply t a HAFA DIL: Marketable Title. The brrwer must be able t cnvey clear, marketable title t CMI. The requirements fr extinguishment f subrdinate liens as described in the Eligibility Requirements sectin f this matrix apply t DIL transactins. Written Agreement. The cnditins fr acceptance f a DIL must be in writing and signed by bth CitiMrtgage and the brrwer as set frth in the SSN r DIL Agreement. Vacancy Date. The SSN, ARSS, r DIL Agreement will specify the date by which the brrwer must vacate the prperty, which in n event shall be less than 30 calendar days frm the date f the terminatin date f the SSN r the date f a separate DIL Agreement, unless the brrwer vluntarily agrees t an earlier date. Page 4 f 6

5 AVERAGE TIMELINES Brrwer Relcatin Incentive CitiMrtgage will cnsider pssible HAMP eligible brrwers fr HAFA within 30 calendar days f the date the brrwer: Des nt qualify fr a Trial Perid Plan; Des nt successfully cmplete a Trial Perid Plan; Is delinquent n a HAMP mdificatin by missing at least tw cnsecutive payments; r Requests a shrt sale r DIL. Within 10 business days fllwing receipt f a request fr a shrt sale r DIL, CitiMrtgage will send written cnfirmatin t the brrwer acknwledging the request. If eligible, an SSN is sent within 30 calendar days frm the date f receipt f a request fr cnsideratin. When a HAFA shrt sale r DIL is nt available, CitiMrtgage will cmmunicate this decisin in writing t the brrwer within 10 business days after the determinatin that the HAFA shrt sale r DIL is nt available. If eligible, the prperty is t be listed fr sale fr a perid f nt less than 120 days frm the date f the SSN. The term f the SSN may be extended at the discretin f CitiMrtgage, up t a ttal term f 12 mnths. Within 5 business days f receipt f an executed sales cntract where the brrwer has nt previusly received the servicer s pre-apprval f a HAFA shrt sale, CitiMrtgage will send t the brrwer written acknwledgement f the request fr shrt sale apprval using the Acknwledgment f Request fr Shrt Sale (ARSS). N later than 30 calendar days frm the date f receipt frm the brrwer f an executed sales cntract and a signed Hardship Affidavit r RMA, CitiMrtgage will cmmunicate apprval r disapprval f the sale r prvide a cunter-ffer. HAFA prvides fr a $10,000 incentive payment t the brrwer ccupant r nn-wner ccupant t assist with relcatin expenses fr transactins that are apprved r preapprved n r befre December 30, 2016 and that clse n r befre December 1, The brrwer may use the relcatin incentive payment t pay fr transactin csts that the brrwer has instructed the settlement agent, in writing, t pay n the brrwer s behalf, such as the cst f legal representatin in cnnectin with representatin f the brrwer in the shrt sale r DIL, verdue utility bills n the prperty r minr repairs made as a result f being identified during a prperty inspectin. Brrwers, hwever, may nt use the relcatin incentive payment fr the release f subrdinate mrtgage r nn-mrtgage liens recrded against the prperty and may nt be required by CitiMrtgage, as a cnditin f the sale, t utilize the relcatin incentive t pay any transactin expenses. The Clsing Disclsure must shw the full $10,000 relcatin incentive as a credit t the brrwer and shw any authrized transactin csts paid ut f the relcatin incentive in accrdance with the freging guidance as charges t the brrwer. Nte: Brrwer/tenant/nn-brrwer ccupant relcatin incentives will be limited t HAFA shrt sale r DIL transactins where the prperty is ccupied by a brrwer r a tenant at the time the brrwer requests assistance. The ccupant will be required t vacate the prperty as a result f the shrt sale r DIL. CitiMrtgage will determine if a prperty subject t a HAFA transactin is ccupied by a brrwer r tenant wh will be required t vacate and may nly authrize relcatin incentives fr such ccupants. The Clsing Disclsure must reflect a payment t the brrwer r tenant, when apprpriate. Verificatin f Primary Residence / Owner Occupancy: Page 5 f 6

6 CitiMrtgage will use the credit reprt t cnfirm that the prperty securing the mrtgage lan is r was the brrwer s principal residence. If the credit reprt is incnsistent with ther infrmatin prvided by the brrwer, CitiMrtgage may require additinal dcuments t recncile incnsistencies. Verificatin f Tenant: T ensure accurate payment f the relcatin incentive, CitiMrtgage may verify tenant ccupancy using a rental agreement. If there is nt a rental agreement r incnsistencies exist, additinal dcuments may be required by CitiMrtgage. It is the brrwer s respnsibility t prvide the required verificatin dcumentatin t CitiMrtgage. CitiMrtgage will als require the brrwer t prvide an executed Nn-Owner Occupant Certificatin inclusive f the Ddd-Frank Certificatin(s) signed by each tenant wh will receive HAFA relcatin incentive. This certificatin is required prir t clsing. It is strngly suggested that the brrwer prvides this dcumentatin 10 days prir t the scheduled clsing as t prvide the least disruptin t the real estate transactin. In rder fr CitiMrtgage t authrize a clsing, in additin t the Nn-Owner Occupant certificatin including the Ddd-Frank Certificatin(s) and verificatin f ccupancy, the assistance payment is required t be accurately reflected n the Clsing Disclsure. CONTACT INFORMATION Fr HAFA prgram assessment, eligibility r escalatin: Fr general HAFA questins and transactin status: r yur assigned Hmewner Supprt Specialist Fr valuatin appeals: Cntact yur assigned Hmewner Supprt Specialist. This representative will be determined at the time yu are reviewed fr HAFA eligibility. Fr additinal assistance in understanding HAFA eligibility r a decisin, yu may cntact Treasury s HOPE Htline at: (888) 995-HOPE Fr any additinal infrmatin, please visit: THIRD PARTY VENDORS CitiMrtgage des nt currently utilize vendrs that the brrwer r agent will interface with during the HAFA prcess. Disclaimer: The cntent is intended t prvide general infrmatin abut the eligibility requirements fr a shrt sale r deed-in-lieu f freclsure under the Treasury's Hme Affrdable Freclsure Alternatives prgram. Eligibility may vary based n individual lan characteristics and investr and mrtgage insurer requirements. Certain restrictin may apply n all prgrams. Calls are randmly mnitred and recrded t ensure quality service. TTY Services available: Dial 711 frm the United States; Dial frm Puert Ric. Page 6 f 6