HUD's Compromise Offer Program

What is it the Compromise Offer Program?
From time to time, owners of properties for which HUD holds the mortgage (Secretary Held Mortgages) wish to sell their property but are dissuaded because the mortgage indebtedness is greater than the value of the property. Under certain circumstances, HUD will accept something less than the total mortgage indebtedness for properties with Secretary Held mortgages. For a real estate broker or agent who has tried to work a compromise offer and has been frustrated, the following suggestions are offered to help the process run smoothly:

1. First, the program is targeted for individuals who have mortgages held and serviced by the Department of Housing and Urban Development (HUD). Properties that you have in inventory for protective custody (P&P) fall into this category. As a rule, the mortgagors are unable to make their mortgage payments because of financial hardship and they owe more than the current appraised value.

2. You are contacted by the mortgagor (seller) requesting your assistance in selling their property under the Compromise Offer Program. How should you proceed? Pre-qualify your seller before costs are incurred. Obtain a written release from the seller authorizing you to contact HUD regarding their eligibility for the Compromise Offer Program. Secure the phone number of the HUD Asset Manager from the seller and fax or mail the release form to the AM, then call to discuss the seller's eligibility. HUD will generally be able to determine eligibility after receiving and reviewing:
a. A detailed written statement from the seller as to the reasons why they can no longer fulfill their mortgage obligation and,
b. A current HUD Form 92068F, Request for Financial Information, and supporting evidence of the seller's financial status (ie. pay stubs).

* Hud will not consider a compromise for properties in foreclosure after the sheriff sale ad is placed.
* A secondary lien or judgment may preclude selling the property under the Compromise Offer Program. Thus, obtain a title search before listing the property or obtaining an appraisal. If a secondary lien or judgment surfaces, and the seller cannot obtain a release, contact with the AM at HUD before proceeding with the appraisal or listing. HUD may, under some circumstances, accept a negotiated settlement with a junior lien holder.

3. The appraisal should not be ordered until you have pre-qualified your seller. The buyer or seller may pay for the appraisal. The appraisal must, however, be a Uniform Residential Appraisal Report (URAR) performed by a HUD approved appraiser or, a VA certificate or Reasonable Value (ACRV), Avoid the cost of having a second appraisal done by obtaining a list of acceptable appraisers for the LS at HUD.

4. You have pre-qualified your seller, handled any problems with secondary liens, obtained an appraisal, and have an acceptable offer to purchase the property. HUD should already have the hardship letter from the seller and financial documentation to support the hardship position.

5. What does HUD need from the broker for final approval?
a. Original Appraisal or ACRV
b. Original executed sales agreement in which the purchase price is at least equal to the appraised value with a statement that the acceptance is contingent upon HUD's approval.
c. Itemized list of estimated closing costs (marked-up settlement statement), forecast to date of closing.
d. A statement signed by the seller that the purchaser is not related.

6. What does HUD consider acceptable charges?
a. HUD will pay reasonable and customary seller closing costs.
b. Sales commission up to 6 percent.
c. Pro-rated RE taxes up to the date of settlement.
d. Termite inspection fee.
e. Escrow closing fee, if required by sales agreement.
f. Attorney fees if contained in the sales agreement.
g. Flood and property certifications.
h. State/county transfer fees/tax/stamps.
i. Discount point not to exceed 1% of the mortgage amount.

7. What does HUD consider as unacceptable fees and charges?
a. Discount points or loan origination fees exceeding 1% of the amount to be financed.
b. Home warranty fees, wire transfer fees, tax service fees.
c. Courier services or express mail services.
d. Repairs not stipulated by the appraisal.
e. Any items identified only by the term miscellaneous.

Should you have further questions or need assistance in completing the process, feel free to contact Ken Corr of the Asset