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HUD No. 10-011
FOR RELEASE
Friday
January 15, 2010

HUD TAKES ACTION TO SPEED RESALE OF FORECLOSED PROPERTIES TO NEW OWNERS

Measure to help bring stability to home values and accelerate sale of vacant properties.

WASHINGTON – In an effort to stabilize home values and improve conditions in communities where foreclosure activity is high, HUD Secretary Shaun Donovan today announced a temporary policy that will expand access to FHA mortgage insurance and allow for the quick resale of foreclosed properties. The announcement is part of the Obama administration commitment to addressing foreclosure. Just yesterday, Secretary Donovan announced $2 billion in Neighborhood Stabilization Program grants to local communities and nonprofit housing developers to combat the effects of vacant and abandoned homes.”As a result of the tightened credit market, FHA-insured mortgage financing is often the only means of financing available to potential homebuyers,” said Donovan. “FHA has an unprecedented opportunity to fulfill its mission by helping many homebuyers find affordable housing while contributing to neighborhood stabilization.”

With certain exceptions, FHA currently prohibits insuring a mortgage on a home owned by the seller for less than 90 days. This temporary waiver will give FHA borrowers access to a broader array of recently foreclosed properties.

“This change in policy is temporary and will have very strict conditions and guidelines to assure that predatory practices are not allowed,” Donovan said.

In today’s market, FHA research finds that acquiring, rehabilitating and the reselling these properties to prospective homeowners often takes less than 90 days. Prohibiting the use of FHA mortgage insurance for a subsequent resale within 90 days of acquisition adversely impacts the willingness of sellers to allow contracts from potential FHA buyers because they must consider holding costs and the risk of vandalism associated with allowing a property to sit vacant over a 90-day period of time.

The policy change will permit buyers to use FHA-insured financing to purchase HUD-owned properties, bank-owned properties, or properties resold through private sales. This will allow homes to resell as quickly as possible, helping to stabilize real estate prices and to revitalize neighborhoods and communities.

“FHA borrowers, because of the restrictions we are now lifting, have often been shut out from buying affordable properties,” said FHA Commissioner David H. Stevens. “This action will enable our borrowers, especially first-time buyers, to take advantage of this opportunity.”

The waiver will take effect on February 1, 2010 and is effective for one year, unless otherwise extended or withdrawn by the FHA Commissioner. To protect FHA borrowers against predatory practices of “flipping” where properties are quickly resold at inflated prices to unsuspecting borrowers, this waiver is limited to those sales meeting the following general conditions:

  • All transactions must be arms-length, with no identity of interest between the buyer and seller or other parties participating in the sales transaction.
  • In cases in which the sales price of the property is 20 percent or more above the seller’s acquisition cost, the waiver will only apply if the lender meets specific conditions.
  • The waiver is limited to forward mortgages, and does not apply to the Home Equity Conversion Mortgage (HECM) for purchase program.

Specific conditions and other details of this new temporary policy are in the text of the waiver, available on HUD’s website.

###HUD is the nation’s housing agency committed to sustaining homeownership; creating affordable housing opportunities for low-income Americans; and supporting the homeless, elderly, people with disabilities and people living with AIDS. The Department also promotes economic and community development ad enforces the nation’s fair housing laws. More information about HUD and its programs is available on the Internet at www.hud.gov and espanol.hud.gov.


I talk to clients all of the time who would like to “move up” and take advantage of lower home prices and interest rates but they can’t sell their current home so they decide to rent it.

I decided to post the FHA guidelines for just this scenario so I hope this helps.

This is straight from FHA’s guidelines


September 19, 2008

MORTGAGEE LETTER 2008-25

TO:                 ALL APPROVED MORTGAGEES

SUBJECT:    Converting Existing Homes to Rentals—Underwriting Instructions

Through this Mortgagee Letter, the Federal Housing Administration (FHA) takes steps to immediately respond to an unscrupulous practice arising in the housing mortgage market that poses a risk to FHA, FHA-approved lenders, and consequently to FHA’s ability to help new homeowners.

Recently, FHA and others in the mortgage industry have observed an increasing number of homeowners who have chosen to vacate their existing principal residence and purchase a new residence.  This has been occurring as some homeowners, given the rising price of fuel, are relocating to homes nearer their employment, or are taking advantage of other home buying opportunities arising in the marketplace.

Due to FHA’s concern that some homebuyers in these transactions may attempt to provide misleading information regarding the rental income of the property being vacated to qualify for the new mortgage, FHA is instituting underwriting guidance designed to assure that the homebuyer can make payments on the full debt service of both mortgages.  Consequently, beginning with case number assignments on or after the date of this Mortgagee Letter and until further notice, the underwriting analysis may not consider any rental income from the property being vacated except under circumstances described in this Mortgagee Letter.   The exclusion of rental income from property being vacated is being instituted on a temporary basis while FHA further analyzes this situation to determine whether permanent measures may need to be taken.  This will assure that a homeowner either has sufficient income to make both mortgage payments without any rental income or has an equity position not likely to result in defaulting on the mortgage on the property being vacated.  In either case, this guidance is directed to preventing the practice known as “buy and bail” where the homebuyer purchases, for example, a more affordable dwelling with the intention to cease making payments on the previous mortgage.  Although the property being vacated will not have a mortgage insured by FHA, surrounding properties may and, thus, FHA may be indirectly negatively affected should that property result in a foreclosure.

Exceptions:

Rental income on the property being vacated, reduced by the appropriate vacancy factor as determined by the jurisdictional FHA Homeownership Center (see http://www.hud.gov/offices/hsg/sfh/ref/sfh2-21u.cfm) may be considered in the underwriting analysis under the following circumstances:

  • Relocations: The homebuyer is relocating with a new employer, or being transferred by the current employer to an area not within reasonable and locally recognized commuting distance.  A properly executed lease agreement (i.e., a lease signed by the homebuyer and the lessee) of at least one year’s duration after the loan is closed is required.  FHA recommends that underwriters also obtain evidence of the security deposit and/or evidence the first month’s rent was paid to the homeowner.

  • Sufficient Equity in Vacated Property:  The homebuyer has a loan-to-value ratio of 75 percent or less, as determined by either a current (no more than six months old) residential appraisal or by comparing the unpaid principal balance to the original sales price of the property.  The appraisal, in addition to using forms Fannie Mae1004/Freddie Mac 70, may be an exterior-only appraisal using form Fannie Mae/Freddie Mac 2055, and for condominium units, form Fannie Mae1075/Freddie Mac 466.

The guidance in this Mortgagee Letter applies solely to a principal residence being vacated in favor of another principal residence.  This Mortgagee Letter is not applicable to existing rental properties disclosed on the loan application and confirmed by tax returns (Schedule E of form IRS 1040).

It is important to note that if the property being vacated had a mortgage insured by FHA, eligibility for a second FHA insured mortgage can only occur under the exemptions described in handbook HUD-4155.1 REV-5, paragraph 1-2.

What is an FHA Mortgage Loan?


FHA Mortgage Loans are quickly becoming one of the most popular loan programs nationwide.  FHA mortgages are often called government home loans because they are insured by HUD against default so they are a stable option with low rates and typically a fixed interest rate that includes principal reduction as part of the payment each month.


FHA has been around for decades, and there are many innovative programs to help different segments of the population to realize the dream of home ownership.  For example, the teacher-next-door program allows teachers to buy a home in particular neighborhoods at 50% of the sales price with an FHA mortgage loan, and FHA will pay the other 50%.  The FHA Kiddie Condo program allows a parent or other blood-relative to co-sign for their child on the purchase of a home or condo. We also offer the FHA rehab loan. Contact us for more information on this great FHA mortgage loan. These are just a few examples of the many programs that FHA offers.


If you currently have an FHA loan, the FHA Streamline Refinance program is a fast and easy way to lower your payment or refinance out of your adjustable FHA mortgage loan.  No appraisal, no credit check, and no income or asset documentation make this program hassle-free.


What is FHA Pre-Qualification?


If you would like to buy a home, an essential step before you start looking is to get pre-qualified.  This means applying with a lender and going through a credit check as well as some documentation to verify income and down payment source.


Once this has been done, we will issue you a pre-approval letter which you will submit with your offers on a home to let the seller know you have the financing lined up.  Our FHA mortgage loan experts are standing by to help you get pre-approved or to answer your questions now!

Summary of FHA  Streamline Refinance changes

Effective date is for case numbers issued on or after 11/18/2009

Old: Could do an FHA Streamline Refinance loan with no waiting period from current loan

New: Borrower must have made 6 full payments on loan before being allowed to streamline.

Old: FHA Mortgage Loan being refinanced must be current.  No other requirement

New: No more than one 30 day late in previous twelve months.  Previous three months must have no lates.  If mortgage is less than twelve months old, all payments must have been made in month due.

Old: No real determination as to tangible benefit to borrower.

New: must have reduction of total payment (PITI) of a minimum of 5% or

Must be refinancing from ARM to fixed rate or

Must be reducing the term of the mortgage

Old: No income or asset requirement regardless of funds to close

New: Underwriter must certify that borrower is employed and has income

All assets needed to close must be verified

Old: No CLTV

New: Maximum CLTV is 125% based on original appraised value unless new appraisal is used then based on new appraisal

*Old: Could run FHA Streamline Refinance through AU (FHA Total Scorecard)*

*New: If run through AU regardless if mistake, streamline is not available.  Rate and term full doc is only option available*

Old: Abbreviated application was allowed without all information completed

New: Full application must be completed with all income, assets, and liabilities

FHA Streamline Refinance  without appraisal:

Old: New base mortgage amount could include old principal balance plus closing costs, prepaids, and discount points less UFMIP refund not to exceed old total mortgage amount

New: New base mortgage amount cannot exceed old principal balance minus UFMIP refund

FHA Streamline Refinance  with appraisal:

Old: New base mortgage amount could include old principal balance plus closing costs, prepaids, and discount points less UFMIP refund not to exceed statutory LTV limits

New: New base mortgage amount is lower of old principal balance minus UFMIP refund, plus closing costs, prepaids to establish escrow account or

97.75% of appraised value of property.  No discount points may be included

* This is very important for you the consumer. If your mortgage professional is not on top of these new FHA Streamline Refinance guidelines, it could very well cost you your chance to refinance.

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