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FHA loan underwriters ---- still not accepting digital signatures?

By
Real Estate Agent with Alain Pinel BRE 01367196

What is it about FHA loan underwriters and wet signatures?

We were told the loan was approved. So both buyers and sellers signed their respective documents. We were happy to move forward. This is a wonderful property. The seller did a wonderful job renovating and remodeling. They cooperated every step of the way. Both sides signed the contract and disclosures via Docusign. No problem there. Or so we thought.

Then BOOM!

Thursday morning when we were supposed to fund, the underwriter sends a condition that they want the pest report cleared.

We responded that we didn't have one done. Therefore, we had to get a purchase addendum showing that this type of inspection was waived.

Then the underwriter said the contract must have wet signatures, and that the contract couldn't be faxed. Rather, it had to be CERTIFIED!.

We scrambled to get wet signatures from all parties by 1:30 pm or we can't fund. Worse, we can't close escrow Friday. Worst, we'll have to re-do the HUD if close of escrow is delayed

Grumble....grumble....grumble...

Why on earth would the loan underwriter wait until the 11th hour to demand wet signatures?

We decided that we will make it a policy that on any and future FHA-loan escrows, and where parties used DocuSign in the beginning, we will have buyers and sellers sign again ---wet signatures this time ---- when they are at the title company.

It may seem repetitive, but it beats having to go through blood-pressure raising moments.

But will someone please tell FHA to get with the program already!

Comments(6)

Stanley Stepak
Howard Hanna - Avon Lake, OH - Avon Lake, OH
Realtor - Avon Lake, Avon, Bay Village, Westlake,

 i am not surprised it is not a bigger problem

Aug 28, 2010 04:37 PM
Wade Kawahara
Dominion Real Estate Partners, LLC - Phoenix, AZ

These lenders are just making life difficult , even on what should be easy deals.

Aug 28, 2010 05:44 PM
Carla Harbert
www.LorainCountyHomeSales.com - Avon, OH
RE/MAX Omega: Lorain-Medina County Area

I guess I am a little confused since FHA underwriters seem to accept it here without issue. Our office is a strong believer in docusign - it's wonderful technology!

Aug 28, 2010 06:39 PM
Pacita Dimacali
Alain Pinel - Oakland, CA
Alameda/Contra Costa Counties CA

There seem to be different sets of rules, different policies and practices depending on the bank, or who the underwriter is. I've also have some FHA loans go through without a hitch...and then I'd run into someone who absolutely won't accept digital signatures.

Guess not everyone got the same message at the same time.

Aug 28, 2010 07:30 PM
Rodney Mason, VP of Mtg Lending
Guaranteed Rate NMLS# 2611 - Atlanta, GA
AL,AR,AZ,CA,CO,FL,GA,IN,MI,MS,NC,NV,SC,TN,TX,VA,WA

There is one very important thing to keep in mind.  All loans must be underwritten to meet the Secondary Market requirements.  Unless the lender is doing a portfolio loan, which is almost unheard of now, these overlays must be met.  It is the Secondary Market which dictates the additional underwriting overlays that all underwriters must follow. 

A termite letter requirement does typically vary from lender to lender.  Previously, a termite letter was only required if one is specified in the sales contract or if the appraiser notates an issue.  Certain loan programs like VA always need a termite letter.  The Secondary Market is now requiring a termite letter if there is a charge for one listed on the HUD statement.

I have not heard any issues with faxed signatures on the contracts.  Digital signatures still can be an issues though.  HUD, Fannie Mae, and Freddie Mac all have their basic requirements, but the Secondary Market overlays override them all.

Aug 29, 2010 06:35 AM
Kathleen Daniels, Probate & Trust Specialist
KD Realty - 408.972.1822 - San Jose, CA
Probate Real Estate Services

Pacita – I used my red phone and called FHA … told FHA to get with the program. Until they actually do, you have a great plan B … get all parties to sign – wet signatures!

Aug 29, 2010 05:03 PM