Prompt Decision for Qualification for Short Sale Act (HR 6311)

This House Resolution (i.e., bill) (was originally introduced in 2010) has been reintroduced in the 112th Congress.  The legislation proposes to amend the Truth in Lending Act and provide for "automatic approval of short sale proposal (i.e., package that include an Executed Purchase and Sale Contact between Buyer(s) and Homeowner(s)) if more than 45 days had expired "after" the loan servicer receives the package and doesn't render a decision.  This is designed to improve the process for approving short sales of real estate and would prevent extended delays (sometimes over 6 months).

Since short sales now range from 10-15% of all real estate transactions, and show no signs of disappearing anytime soon, this legislation has some traction.

Time will tell if this legislation gets any traction, but based lobbying efforts by the lenders and the legal profession and on recent changes in the law (especially the SAFE Act) that prohibit Real Estate Agents from negotiating short sales with lenders, I wouldn't hold my breath.

The Act amends the Truth in Lending Act to consider approved a mortgagor's written request to a mortgage loan servicer for a short sale of a dwelling or residential real property if the mortgagor has not received, within 45 days after the servicer's receipt of the request, a written notification of whether the request has been approved, specified changes are required, that such request has been approved subject to specified changes, or that additional information is required for such a determination, such request shall be considered to have been approved by the servicer.

Here's an excerpt from the Bill:  "(a) Requirement- Except as provided in subsection (b) and notwithstanding any other provision of law or of any contract, including a contract between a servicer of a residential mortgage loan and a securitization vehicle or other investment vehicle, if the mortgagor under a residential mortgage loan submits to the servicer of the mortgage loan a written request for a short sale of the dwelling or residential real property that is subject to the mortgage, deed or trust, or other security interest that secures the mortgage loan, and all information required by the servicer in connection with such a request (including a copy of an executed contract between the owner of the dwelling or property and the prospective buyer that is subject to approval by the servicer), and the mortgagor does not receive from the servicer, before the expiration of the 45-day period beginning upon receipt by the servicer of such request and information, a written notification of whether such request has been approved, that such request has been approved subject to specified changes, or that additional information is required for such a determination, such request shall be considered to have been approved by the servicer."

Note of caution:  Since many loan servicers have repeatedly told borrowers they have not received paperwork and had to resubmit pills of paperwork, or another form or updated forms, then when will the loan servicer actually technically "receive" all "required" information?

Prompt Decision for Qualification for Short Sale Act (HR 6311)

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