Rural Housing Preservation and Stabilization Act of 2010 (Introduced in House)

HR 5017 IH


111th CONGRESS

2d Session

H. R. 5017
To ensure the availability of loan guarantees for rural homeowners.


IN THE HOUSE OF REPRESENTATIVES

April 14, 2010
Mr. KANJORSKI (for himself, Mr. HODES, Mr. WILSON of Ohio, Mr. HINOJOSA, and Mr. COURTNEY) introduced the following bill; which was referred to the Committee on Financial Services


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A BILL
To ensure the availability of loan guarantees for rural homeowners.


Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. SHORT TITLE.

This Act may be cited as the `Rural Housing Preservation and Stabilization Act of 2010'.

SEC. 2. LOAN GUARANTEE FEES.

(a) Fees-

(1) UP-FRONT AND ANNUAL FEES- Paragraph (8) of section 502(h) of the Housing Act of 1949 (42 U.S.C. 1472(h)(8)) is amended to read as follows:

`(8) GUARANTEE FEES- With respect to a guaranteed loan under this subsection, the Secretary may collect from the lender--

`(A) at the time of issuance of the guarantee, a fee equal to not more than 3.5 percent of the principal obligation of the loan; and

`(B) an annual fee during the term of the loan equal to not more than 0.5 percent of the outstanding principal balance of the loan.'.

(2) CONFORMING AMENDMENT- Section 739 of the Agriculture, Rural Development, Food and Drug Administration, and Related Agencies Appropriation Act, 2001 (as enacted by Public Law 106-387; 114 Stat. 1549A-34) is hereby repealed.

(b) Authorization of Amount of Loan Guarantees- Section 513 of the Housing Act of 1949 (42 U.S.C. 1483) is amended by adding at the end the following new subsection:

`(f) Authorization for Loan Guarantees- The Secretary may, to the extent approved in appropriation Acts, guarantee loans under section 502(h) in aggregate amounts not to exceed $30,000,000,000 for fiscal year 2010 and for each fiscal year thereafter.'.

What to do now?

Simple! Help us get the program refunded and continue funding independent from appropriations for the life of the program.

How, you ask? Again, Simple but it will take a few moments of your time and a couple of long distance minutes on next month's phone bill.

The bill in question is HR 5017, or S3266. Call Any or Preferrably ALL of the following individuals and DEMAND attention on this important issue. You can also look for my soon coming blog that will provide a form letter that you can send to each of these people via their website, and oh yes...I WILL provide links.

Debbie Stabenow (202) 224-4822. Your trusted local Michigan Senator that doesn't even realize that Michigan accounts for 28% of ALL Rural Housing Loans or that in Michigan- 31% of all mortgage loans originated are Rural Housing loans, or that 45% of First Time Home buyers in Michigan rely on USDA Guaranteed Financing.

BTW-Carl Levin, no matter how you feel about him, was an original co-sponsor of the bill.

 United States Senate Committee on Banking, Housing, and Urban Affairs. (202) 224-739.

These are the people who are so busy passing pet project regulatory legislation that will be obsolete in 2 years that they have ignored this pertinent issue and now are just so drained that they want to recess until after the Memorial Day Holiday. DEMAND that they don't, We need your support.

 Members of the Banking and Housing Committee that were original supporters of this bill. Be nice to these ones, they were trying to do well, but were met with Senator Dodd's opposition.

Bennet (CO) (202) 224-5852
Johanns (NE) 202) 224-4224
Brown (OH) 202) 224-2315...

Jon Tester (D-MT) (202) 224-2644

All of the Senate Housing and Banking Committee:

Christopher J. Dodd Chairman (D-CT) (202) 224-2823

Richard C. Shelby Ranking Member (R-AL) (202) 224-5744

Tim Johnson (D-SD) (202) 224-5842

Jack Reed (D-RI)(202) 224-4642

Charles E. Schumer (D-NY) 202-224-6542

Evan Bayh (D-IN) (202) 224-5623

Robert Menendez (D-NJ) 202.224.4744

Daniel K. Akaka (D-HI (202) 224-6361

Sherrod Brown (D-OH) 202-224-2315

Jon Tester (D-MT) (202) 224-2644

Herb Kohl (D-WI) (202) 224-5653

Mark Warner (D-VA) 202-224-2023

Jeff Merkley (D-OR) 202-224-3753

Michael Bennet (D-CO) (202) 224-5852

Robert F. Bennett (R-UT) (202) 224-5444

Jim Bunning (R-KY) 202.224.4343

Mike Crapo (R-ID) (202) 224-6142

Bob Corker (R-TN) 202-224-3344

Jim DeMint (R-SC) 202-224-6121

David Vitter (R-LA) (202) 224-4623

Mike Johanns (R-NE) (202) 224-4224

Kay Bailey Hutchison (R-TX) 202-224-5922

Judd Gregg (R-NH) (202) 224-3324

Senate Majority Leader Harry Reid 202-224-3542
The Big Dog....

For more information, Call Today or Visit our website:

810-953-4266 or www.iconmortgagelending.com

Simple! Help us get the program refunded and continue funding independent from appropriations for the life of the program.

How, you ask? Again, Simple but it will take a few moments of your time and a couple of long distance minutes on next month's phone bill.

The bill in question is HR 5017, or S3266. Call Any or Preferrably ALL of the following individuals and DEMAND attention on this important issue. You can also look for my soon coming blog that will provide a form letter that you can send to each of these people via their website, and oh yes...I WILL provide links.

Debbie Stabenow (202) 224-4822. Your trusted local Michigan Senator that doesn't even realize that Michigan accounts for 28% of ALL Rural Housing Loans or that in Michigan- 31% of all mortgage loans originated are Rural Housing loans, or that 45% of First Time Home buyers in Michigan rely on USDA Guaranteed Financing.

BTW-Carl Levin, no matter how you feel about him, was an original co-sponsor of the bill.

United States Senate Committee on Banking, Housing, and Urban Affairs. (202) 224-739.

These are the people who are so busy passing pet project regulatory legislation that will be obsolete in 2 years that they have ignored this pertinent issue and now are just so drained that they want to recess until after the Memorial Day Holiday. DEMAND that they don't, We need your support.

Members of the Banking and Housing Committee that were original supporters of this bill. Be nice to these ones, they were trying to do well, but were met with Senator Dodd's opposition.

Bennet (CO) (202) 224-5852
Johanns (NE) 202) 224-4224
Brown (OH) 202) 224-2315...

Jon Tester (D-MT) (202) 224-2644

All of the Senate Housing and Banking Committee:

Christopher J. Dodd Chairman (D-CT) (202) 224-2823

Richard C. Shelby Ranking Member (R-AL) (202) 224-5744

Tim Johnson (D-SD) (202) 224-5842

Jack Reed (D-RI)(202) 224-4642

Charles E. Schumer (D-NY) 202-224-6542

Evan Bayh (D-IN) (202) 224-5623

Robert Menendez (D-NJ) 202.224.4744

Daniel K. Akaka (D-HI (202) 224-6361

Sherrod Brown (D-OH) 202-224-2315

Jon Tester (D-MT) (202) 224-2644

Herb Kohl (D-WI) (202) 224-5653

Mark Warner (D-VA) 202-224-2023

Jeff Merkley (D-OR) 202-224-3753

Michael Bennet (D-CO) (202) 224-5852

Robert F. Bennett (R-UT) (202) 224-5444

Jim Bunning (R-KY) 202.224.4343

Mike Crapo (R-ID) (202) 224-6142

Bob Corker (R-TN) 202-224-3344

Jim DeMint (R-SC) 202-224-6121

David Vitter (R-LA) (202) 224-4623

Mike Johanns (R-NE) (202) 224-4224

Kay Bailey Hutchison (R-TX) 202-224-5922

Judd Gregg (R-NH) (202) 224-3324

Senate Majority Leader Harry Reid 202-224-3542
The Big Dog....

For more information, Call Today or Visit our website:

810-953-4266 or www.iconmortgagelending.com

Many of you may have read that the USDA will exhaust funds allocated for the Guaranteed Rural Housing Loan Program some time on Thursday May 12th. In response, Icon Mortgage Lending is pleased to announce that we will continue to close all RD loans just as if it were "business as usual".

This announcement comes after months of various unqualified sources disputing over when the USDA in fact would be exhausted of funding. Many had alleged that the Rural Housing Program had already closed its doors as of April 1st.

Of course, those that follow the Icon Mortgage Lending blogs and news sourced knew that this was indeed an April Fool's Joke of the highest order. As promised, we have continued to close and table fund Guaranteed Rural Housing Loans over the past two months as other lenders dropped out of the program despite the massive needs of their local communities.

In the future you can follow all of the most up to date and accurate Rural Housing News by subscribing to this blog, or checking out our website: www.iconmortgagelending.com on a regular basis. Or of course, you could just always call me, Matt at 810-953-4266 and just ask away! I encourage you all to do so in the future if you were falsely told that these loans were already unavailable when Icon Mortgage Lending was still providing service. I worked very hard to get the word out, but obviously it is hard to reach everyone. So, if you or anyone you know, was given false information over the past few months...just call us.

Just a quick update for everybody, that our satellite web sites are now up and running.

www.lapeerruralloans.com

www.livingstonruralloans.com

www.brightonruralloans.com

www.howellruralloans.colm

All of these websites are finished and are already gaining a lot of recognition from local buyers. I put these sites together to help potential home buyers find localized information on the Rural Development Loan Program that can help them navigate the loan process.

These sites are all meant to simply be a resource for unbiased information on Rural Housing Loans in each specific area. Any Realtor, Loan Officer, Appraiser, or other helpful related industry that wishes to take part in the website need only email me: matt@iconmortgagelending.com to do so. I will be checking you out to make sure that you are legit, but other than that I am doing these sites as a completely separate resource to help buyers and for no other reason.

Please check them out and pass the word along that these sites are a great starting place for any buyers that are looking for very detailed information on buying a home in each specific area.

Thanks,

Matt

A great blob by my buddy Jeff Davis.

Check out some Quality Short Sale info from my buddy Jeff Davis.

 Occasionally, frustrations build as a file in processing begins to struggle a bit and the question may occur to you, "Why are these things arising now, when they seem like they should have been settled so long ago?" And as a good professional it will probably lead you to the next question, "What can I do to help prevent this with my future transactions?"

 I would like to examine a few simple things that you as a Realtor can do to become your Loan Officer's best friend and subsequently write a Purchase Agreement that will be well appreciated by all involved.

 Timeline. Obviously it will always be frustrating when files run into turn-time troubles and it begins to seem like it may never close. You end up feeling like you have heard the same response from the LO a dozen times, and you just want to know what to do.

 We can prevent a lot of these headaches by having realistic and achievable expectations at the time the PA is set in motion. Obviously, this is mainly reliant on the communication with the LO, but in general you are going to need between 30-40 days to close a loan. It would, however, be extremely unrealistic to just blindly expect 30 days as an appropriate time frame on each and every PA. If you make adjustments for the specific factors involved in each individual file, you will greatly improve the chances of setting a proper expectation for your client. This may mean more work up front, but way less work down the road when it is more important.

Your clock starts ticking when the buyer signs the PA but for a Loan Officer we are very limited in what we can do until we receive the seller signed PA. For instance, I NEVER order an appraisal until there is a written agreement allowing the client to purchase the home. Doing otherwise is asking for trouble, no matter what someone may have told someone about how this certain bank responds quickly or how the listing agent said that they have all of the short sale terms are already agreed upon, or how you have a "verbal agreement". That means nothing until the signed PA is in my hand. So, if you write a PA dated July 1^st to close in 30 days and the bank takes until July 15^th to send it back approved, we will immediately be asking for a 15 day extension and the frustrations will begin. Simply compensate for this at the beginning if you are submitting an offer to a notoriously slow responding bank, or if it is a short sale, or any other complications you may think of. I personally put right on my Approval Letter that we need 30 days for underwriting from the day that a seller signed PA is delivered to our office. All loan officers may not do this but I can assure you that this is the case. No lender will be able to do anything other than a basic underwriting until they have a signed agreement between both parties.

 Inspection Reports. I know there are a lot of people that are running into this for the first time now, but Lenders are scrutinizing the relationship between LO and Appraiser very carefully now at the behest of the Federal Government. A Home Inspection performed by a third party adds another layer of protection for the Lender to ensure that the Appraiser is not looking the other way on Property Standards in order to continue a relationship with the LO. Since you as a Realtor are typically present for the inspection or at least more aware of the scheduling, it is essential to communicate this with the LO.

  If you really want to be "super agent" you can be present for the inspection and communicate to the inspector and client what should be for the buyer's information only and what should be included in the inspection report. Things that are not even an issue to the HUD Handbook or normal property standards WILL become issues if an inspector flags them. A perfect example: Inspector, in trying to provide good service, writes in his/her report that the buyer should probably have a radon test. The buyer says, yeah that's useful; we will do it after we close but before we move. NOPE! The buyer will now have to do it before they close. It may seem like this should be the buyer's prerogative, but if a Lender sees that an Inspector flagged a radon test as needed...it WILL be needed. Now just tack that on to your turn times and before you know it it's time for an argument over PA extensions and $100 Per Diem.

 It is also important to discuss with the buyer whether or not they are actually going to have an inspection or not and to properly mark the PA. If you mark that the buyer will be having an inspection and they do not, then a couple of weeks into the transaction the Lender will be asking for a copy of the non-existent inspection and will require that the PA be amended to state that the buyer has waived their right to an inspection. This is just add another few days in tracking down the seller to sign the addendum, faxing it back to the LO...and so on. It may not seem like much, but that is still another two days to tack on to an already intense process.

  Property Standards. We know that you are not an Appraiser, or an Inspector, but there are some obvious things that we all realize are going to be an issue when financing a home. Communicating these to your LO will not only make their day, but it will help them get you money faster.

 A few of these things that I find astonishing that I have to wait until the appraisal comes back to find out about include: broken windows, busted locks, holes in walls/ceiling, unfinished flooring, missing toilets/sinks, broken plumbing, rusted out furnaces, missing siding on house/garage, missing handrails on stairways and a multitude of other visually obvious items. I'll address these things two paragraphs below, but for now let's look at the essentials in the not below.

 ***Special Note*** I hear this phrase all the time: "The bank will only accept Conventional Financing because (insert problem here) is wrong with the home." I, again, understand that you are not Lenders and do not know the guidelines but let me assure  you, as a Lender that does mostly Rural Development and Conventional loans through Fannie and Freddie, that most problems with a Government loan are also true for a Conventional loan. So please stop the argument over the fact that you can close a home with no running water with a conventional offer. Cash offer yes, but any...repeat ANY financing will need the home to have the bare essentials. Government loans are in fact more particular, but most of the differences are easily fixable problems.

 That's why I just forewarn you now- if you want to keep your Asset Managers happy- alert them to the fact that the basic utilities will have to be working if they expect to have financing on the property. It does none of us any good to argue for three weeks over how to get the power on in the property or who has to pay for it. If you want to take a financing offer for more money, you will HAVE to provide working utilities for an inspection of any sort. If you are a selling agent, eliminate the headache and note it right in the purchase agreement that the buyer will need these on to agree to purchase the property. Again, I personally put this right in my Approval Letter, but either way it will need to be done!

 Now, as for the little things, I mainly do RD financing so it is much easier to deal with any other issues, because the buyer can do a post-closing repair escrow to fix them. This does require quite a bit of extra work and buyer preparation so it is best to alert your loan officer of the issues noted two paragraphs above before you write an agreement. If we have to wait until the appraisal comes back we are already 5-7 days in and just now finding out that the buyer has to make a bunch of repairs. We tell the buyer, the buyer plans on doing it that weekend since most folks work during the week, the buyers fixes everything, the appraiser goes back out to re-inspect the property and now we are 14-16 days in and we are just getting the appraisal back. Now underwrite the appraisal and the conditions that can't be submitted until the appraisal is done, wait until any further conditions come back and are then cleared, send to RD for a certificate, let the bank have 48 hours to approve a closing, and guess what we need... an extension on the PA.

 Appropriate Documents. Specifically, if the buyer is applying for FHA financing, an FHA Amendatory Clause will be required so contact your loan officer for the form ahead of time. Having the document that you can find - Here - signed right up front can eliminate another step down the line. There may be others for certain loans but this is the most common. Again, a 1-minute phone call can save 2 days later on.

 My Final Word. Teamwork is more essential now than it has ever been. If we are all honest with each other in the beginning we can set a realistic expectation for everyone involved and proved a rewarding experience for all. I hope I have helped, and Good Luck with your future transactions!

For more information, Call Today or Visit our website:

810-953-4266 or www.iconmortgagelending.com

First Time Home Buyer Tax Credit as Down Payment or: Dirty Deeds Done Dirt Cheap

 I think this is an important discussion to have so I am going to post this blog a few days in a row to make sure it gets out. There is a lot of confusion concerning the First Time Home Buyer Tax Credit especially now that FHA has approved the funds to be used towards down payment and I am looking to simplify things for you like I have been trying to do with all of my blogs.

 This one, I feel is of great importance because I hate to be the one to you know: burst the bubble, but as I hear folks industry wide rejoice at the possibilities of borrowers being able to use their tax credit as a down payment for their new home I would like at least make a few points to the contrary.

 1. Premature Jubilation: Everyone right now is scrambling to get the info to you that you can now use your tax credit as a down payment for an FHA loan. The thing they don't realize is that until lenders roll out a program which allows you to use your tax credit in such a way, it makes NO difference whatsoever. So before you get yourself all worked up, we first have to actually have it available for you.

 This is most easily show with this example- in July of last year FHA approved funding for the Hope fro Homeowner program in which they were going to refinance people that were having trouble making their mortgage payments. This was the program that was supposed to stabilize our housing market. Instead, no Lender ever even touched the program, and it was ultimately just discontinued in January 2009.

 2. There's a Snake in that Grass. Please also understand that they are not just letting you use your money for your down payment. What they want to do is give you a loan that you can in turn pay back. Now, if that suits you, then fine. But understand that this is not the same as the free stimulus that it is meant to be. Ultimately you allowing someone to give you a loan on that money it is going to benefit you, not them. Just understand that it is NOT in your best interest to take free money and turn it into a loan. DON'T LET THE VULTURES GET TO YOUR MONEY!!!

So, I shouldn't take it? I am not saying that it can't help anyone...but use your head, weigh your options, ask more than one person, and always read the fine print. If you don not absolutely NEED to use the money as a down payment...DON'T.

 You may not even be thinking about it now, but there are so many good ways to use this money, please do not get ripped off before you even have the chance! Here are just a few examples of what to do:

 Pay down the principle balance of your mortgage. In fact, if you get $7500 and put it directly on your principle balance of a $100,000 mortgage, that one payment will cut 4 years and $60,000 in interest payments right off of your mortgage!

 Pay down high interest credit cards. Pay that high credit card loan off, use the boost in credit score to get a better credit card at a lower interest rate, let the paid off card sit there open with no balance and enjoy a great credit score for quite some time and save thousand on future mortgages, credit cards, car insurance...you name it.

 Invest it. Ok, so maybe the stock market isn't so hot now, but if you can find something safe that it sure to yield, it is a win-win for you my friend. Heck, even a high yielding savings account or a 2-year CD will make you great money.

 Take advantage now, because the tax credit goes away if you close on your new home after November 30th, 2009. Happy Home Hunting to you all!

For more in-depth help, go to our website:

www.iconmortgagelending.com

*This has been an Emily inspired blog.

First Time Home Buyer: Conforming at a glance

The following was a general overview of the Conforming loan programs such as those offered by Fannie Mae or Freddie Mac and a guide to figure out if this is the loan program for you.

Availability: Available in all areas.

Type of Homes they finance: Single Family Properties and Multi-Family Properties will qualify. Site Condos are viewed the same as Attached Condominium Properties and are acceptable if they are approved condominium projects. You can search approved projects here: ******. Manufactured properties, Modular, Stick-Built, or BOCA-code properties are acceptable in some circumstances but not likely to be accepted. Working Farms, unique properties, and dome-homes will not qualify.

Down Payment Required: 10% or greater in conjunction with Private Mortgage Insurance. 20% to meet conforming loan standards. In general, funds for down payment can be a gift from family.

Private Mortgage Insurance: Emphasis on the "Private" since it is obtained through a private asset insurance company such as MGIC, PMI, RMIC, or RADIAN. Generally 1% is billed monthly, though some discounts can apply. No PMI is required with 20% down.

Interest Rates: Vary greatly between lenders. Careful shopping will be required in obtaining the best interest rates. With a 20% down payment, rates are generally lower than FHA or RD financing.

Maximum Loan Amount: $417,000.

Income Limits: No income limits apply.

Credit Requirement: Varies from lender to lender. In general, a 720 FICO and 3 credit references at least 24 months old with no late payments is required, though a lower FICO is required with a down payment of 20% or greater. 36 months from Bankruptcy or Foreclosure with 3 credit references established after the discretion.

Reserves: Varies between lenders, but in general, 2 months or greater of mortgage payments are required. Can come from retirement savings, checking or savings account.

Repair Escrow: Acceptable with certain programs, but good luck finding a lender that accepts them.

General Overview: For borrowers with great credit history and available down payment sources. Interest Rates will blow away government financing if you have the means to qualify.

First Time Home Buyer: FHA at a glance

The following was a general overview of the FHA loan program and a guide to figure out if this is the loan program for you.

Availability: Available in all areas.

Type of Homes they finance: Most property types. Single Family Properties and Multi-Family Properties will qualify. Site Condos are viewed the same as Attached Condominium Properties and are acceptable if they are approved condominium projects. You can search approved projects here: ******. Manufactured properties are acceptable if they meet individual lender requirements. Modular, Stick-Built, or BOCA-code properties are acceptable. Working Farms, unique properties, and dome-homes will not qualify.

Down Payment Required: 3.5%. Can be a gift from family, friend, or employer. Down payment assistance is only available from grant programs.

Mortgage Insurance: 1.75% financed into your loan and and .55% is billed monthly.

Interest Rates: Vary greatly because of the great variance between lenders offering FHA financing and the Yields paid to those making the loan for you. Careful shopping will be required in obtaining the best interest rates.

Maximum Loan Amount: Varies by county. Most counties in Michigan fall at $278,000 or lower.

Income Limits: No income limits apply.

Credit Requirement: Varies from lender to lender. In general, a 620 FICO and 2 credit references at least 12 months old with no late payments is required. 36 months from Bankruptcy or Foreclosure.

Reserves: Varies between lenders, but in general, 2 months of mortgage payments are required. Can come from retirement savings, checking or savings account, or as a gift.

Repair Escrow: Available on HUD-owned properties with no contingency plan.

General Overview: Available to all borrowers meeting credit standards, emphasis on credit requirements in regards to payment history within 12 months, credit discretions explainable to underwriter are acceptable, easy qualifying with acceptable credit references.