Fannie Mae denied my short sale request because the hardship was voluntary?

Asked by Jon, Jacksonville, FL Tue Aug 13, 2013

I have been trying to sell my home in FL for 3 years. Due to health reasons I had to accept a job in Oklahoma last year. I left my adult son and wife to care for the home in FL. Our agent advised us to go short sale since the surrounding market wasn't bringing in what we owed for the home. We received an offer and sent off the paper work to Fannie Mae.

90 days later we finally heard back saying we were denied because 1. We were up to date on our mortgage and 2. Our hardship was voluntary.

How can they say it is voluntary when a medical condition forced me to leave my job in FL and the only position my company had to accommodate my condition was in Oklahoma?

Also, is there any reason it takes so long to hear from Fannie Mae other than "its the government?"

I fear what it means to be a homeowner in America is radically different than I remember

Help the community by answering this question:

+ web reference
Web reference:


Adam Silk, Agent, Jacksonville, FL
Mon Aug 19, 2013
I just sold one of my short sales that was initially denied a short sale option (before I spoke to them), but ended up getting approved with a second application because I put them in contact with the proper representation. The truth is that you need legal representation in situations where it's not a black & white "got laid off" kind of thing. The attorney I use for my short sales charges $300 upfront and just charges anything else to the HUD at closing. He has never failed to get a non-deficiency letter for my clients and is quick to get everything in order ahead of time. Sounds like your agent just winged it the last time around. Feel free to contact me.
0 votes
Hickory & Do…, Agent, Jacksonville, FL
Thu Aug 15, 2013
Thank you for your question.....It APPEARS that a short sale is what you need to do....BUT....DO NOT GO IT ALONE! Not only do you NEED a real estate agent....You NEED an attorney/title company to act on YOUR behalf to negoiate the sale....Our BEST suggestion is to contact Landmark Title
(David Heekin, attorney) at (904) 998-9733. They will charge less than $500 up front....they have SEVERAL people on the payroll who do NOTHING but short sales....If anyone can help will be Landmark. Short sales are DIFFICULT under the BEST circumstances.....a real estate agent, or an owner does't have a chance........Landmark will help you develop your "hardship" letter. They will explain the RULES.....Unless they JUST changed the HAVE TO have missed some payments....but.....Landmark will walk you though this very complicated process. Your agent "may" have explained this all to you.....I hope they us if you choose...we have had many successful short sale transactions....BUT, NEED legal assistance!
I am so sorry you wasted the seem to qualify for a short sale with the given information.
Thank you for your question.

Donna Delegal
"The Real Estate Lady"
Oceanside Real Estate
732-PACK 732-7225
0 votes
Maria Rodrig…, Agent, Jacksonville, FL
Wed Aug 14, 2013
I have an attorney that can give you a free consultation. I am a loss mitigation specialist, and have closed many, many short sales. You have a legitimite hardship. 3 years is too long. I would be very happy to assist you. Please call me for more information. Fannie Mae has recently made a lot of changes, one being you do not have to be current on the mortgage. I have also worked with an attorney's office and helped facilitate many of their short sales as well. Is this still your primary residence? That will have a lot to do with it. If you have been out of the home for more then a year, then you will not be entitled to any incentive money. There are programs out there that deal with primary residences, where if the bank is a participant, you could receive money back in order to do a short sale. I have seen people get up to 30k back! But, seriously 3 years - whomever was working the short sale whether the agent or the title company - way too long. With the new changes, the banks are responding much faster. (depending on who they are) - dont give up!! Just because you were denied once, does not mean you will be denied again. Whether you call me or someone else, I truly wish you all the best, in life, health, and happiness!

Kind regards,
Maria Rodriguez
0 votes
Keven Brennan, , Atlantic Beach, Jacksonville, FL
Tue Aug 13, 2013
You should have a short sale specialist attorney working on your behalf. I can highly recommend the legal team at America's Choice Title in Ponte Vedra Fl.
0 votes
Maricel Zald…, Agent, Coral Springs, FL
Tue Aug 13, 2013
Hello Jon

Sorry to hear that, something on the process may be are wrong, I suggest you resubmit the short sale for approval with updated documents and maybe work.

Our team doesn't have any charge for homeowners. We have been successful in getting homeowners off the hook for the deficiency. We've been closing short sales for the past 7 years.

Please feel free to contact me,

Maricel Zaldumbide
Real Estate Broker.
Short Sale & Foreclosure Specialist.
(954) 227-7441 Office
(954) 793-7489 Direct
0 votes
John Breen, Agent, Jacksonville, FL
Tue Aug 13, 2013
Jon, You need to have the real estate attorney that's helping you with your short sale look over your hardship letter and advise. Sounds like you need to stop making the mortgage payments and beef up the hardship letter then re-submit. That's just my opinion,,,,please consult your attorney.

Good Luck

John Breen
Magnolia Properties
904 349 0082 .
0 votes
Eli Givoni-S…, , Boca Raton, FL
Tue Aug 13, 2013
Hi Jon,

Something doesn't sound right. Feel free to give me a call tomorrow, and we can discuss your specific situation. We've been closing short sales since 2007. Our short sale services are FREE for homeowners. We have been successful in getting homeowners off the hook for the deficiency, as well as, getting homeowners up to $23,000 in relocation assistance.

Eli Givoni, Director
Short Sale Department, LLC

MARS Disclosure for General Commercial Communications
Short Sale Department, LLC is not associated with the government, and our service is not approved by the government or your lender. Even if you accept this offer and use our service, your lender may not agree to change your loan. If you stop paying your mortgage, you could lose your home and damage your credit.
0 votes
Lila Henry, Agent, South Miami, FL
Tue Aug 13, 2013
Good Evening Jon,

I am sorry to see that you have found yourself in this situation, none of use every foresee having something of this nature occur. I have been working on short sales for the past 6 years and have not heard of a denial due to this type of set up. I recently closed a short sale where the sellers did have to take a job transfer, and their mortgage was current, and yet they did get approved for the short sale.

If your agent and the buyer that was looking to purchase the home is still willing to move forward, I would suggest you resubmit the short sale for approval with updated documents and maybe work on the wording of your hardship letter. I think that working on the rewording may also help a great deal. Additionally you may also want to try appealing the initial decision with a supervisor/manager.

Please feel free to contact me if you need any assistance.

Lila Lopez
RE/MAX Advance Realty
0 votes
Search Advice
Ask our community a question

Email me when…

Learn more