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Please make your comments to HUD regarding this Proposal.   And let others know what you are saying by leaving the post here. 

Below is the proposed change to FHA MIP Premiums.  

DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
[Docket No. FR-5171-N-01]
Federal Housing Administration (FHA)
Single Family Mortgage Insurance:
Announcement of Planned Implementation of Risk-Based Premiums

AGENCY: Office of the Assistant Secretary for Housing-Federal Housing Commissioner, HUD.

ACTION: Notice.

SUMMARY: This notice applies to FHA single family mortgage insurance programs. This notice announces FHA's planned implementation of risk-based premiums, which are designed for mortgage lenders to offer borrowers an FHA-insured product that provides a range of mortgage insurance premium pricing, based on the risk the insurance contract represents.

DATES: Comment Due Date: October 22,2007.

ADDRESSES: Interested persons are invited to submit comments regarding this notice to the Regulations Division, Office of General Counsel, Department of Housing and Urban Development, 451 Seventh Street, SW., Room 10276, Washington, DC 20410-0500.

Communications should refer to the above docket number and title.Comment by Mail. Please note that due to security measures at all federal agencies, submission of comments by mail often results in delayed delivery.Electronic Submission of Comments.HUD now accepts comments electronically, which interested persons may now submit through the FederaleRulemaking Portal at http://www.regulations.gov. HUD strongly encourages commenters to submit comments electronically. Electronic submission of comments allows the commenter maximum time to prepare and submit a comment, ensures timely receipt by HUD, and enables HUD to make them immediately available for public viewing. Commenters should follow the instructions provided at http://www.regulations.gov to submit comments electronically. No Facsimile Comments. Facsimile (FAX) comments are not acceptable. In all cases, communications must refer to the docket number and title.

Public Inspection of Public

Comments. All comments and communications submitted will be available, without revision, for inspection and downloading at http:// www.regulations.gov. Comments are also available for public inspection and copying between 8 a.m. and 5 p.m. weekdays at the Regulations Division. Due to security measures at the HUD Headquarters building, please schedule an appointment to review the comments by calling the Regulations Division at (202) 708-3055 (this is not a toll-free number).

FOR FURTHER INFORMATION CONTACT:

Margaret Burns, Director, Office of Single Family Program Development,
Department of Housing and Urban
Development, 451 Seventh Street, SW.,
Washington, DC 20410;
telephone (202)708-2121 (this is not a toll-free number). Persons with hearing or speech impairments may access this number through TTY by calling the tollfree Federal Information Relay Service at (800) 877-8339.

SUPPLEMENTARY INFORMATION:

I. Risk-Based Premiums

This notice announces HUD's plan to implement risk-based premiums for FHA loans for which case numbers have been assigned on or after January 1, 2008. Section 203(c)(2) of the National Housing Act (12 U.S.C. 1709(c)(2)) establishes mortgage insurance premiums for most FHA single family programs. Such upfront and annual insurance premiums are set at levels not to exceed 2.25 percent and 0.50 percent (0.55 percent for mortgages involving an original principal obligation that is greater than 95 percent of the appraised value of the property), respectively, with a discount available on the upfront premiums for mortgagors who are first time home buyers and who successfully complete pre-purchase homeownership counseling approved by the Secretary. By offering a range of premiums based on risk, FHA will be able to offer options to mortgagees serving borrowers who were previously underserved, or not served, by the conventional marketplace. Alternatively, FHA will also be able to offer options to mortgagees serving those borrowers wishing to lower their premiums by, for example, increasing their down payment or by improving their credit scores. A range of premiums based on risk will also ensure the future financial soundness of FHA programs that are obligations of the Mutual Mortgage Insurance Fund (MMIF). Under risk based premiums, however, no qualified borrower will be charged by the mortgage lender in excess of the current statutory upfront and annual mortgage insurance premium limits. Additionally, this notice, when issued in final, will replace FHA's Mortgagee Letter 00-38, which identifies the current mortgage insurance premiums for FHA's single family programs. Risk-based premiums will utilize the following schedule for upfront mortgage insurance premium rates:

 

FHA SINGLE FAMILY MORTGAGE INSURANCE UPFRONT MORTGAGE INSURANCE PREMIUMS
EFFECTIVE AS OF JANUARY 1, 2008
[All premiums are specified in basis points (0.01%)]

 

Minimum
Downpayment
(%)(a)

Decision Credit Score

Funds from Borrower or a Relative 850-680679-640 639-600599-560  559-500499-300  None
1075 100 125150175  175  200
5100125150175200-----225
3125150175200225----------
Other Sources of Funds 3175200225(b)--------------------
a. Premiums are based on two categories of sources of funds: (1) The borrower's own funds or gifts from relatives and (2) any other acceptable source. See HUD Handbook 4155.1 for guidance on acceptable sources of funds.
b. A minimum decision credit score of 620 is required when down payment funds come from a source other than the borrower or a relative of the borrower.

Notes:

1. Annual premium rates are: 50 basis points for loans with 5 and 10 percent down payments; 55 basis points for loans with 3 percent down payments; and 25 basis points for all loans with amortization terms of 15 years or less.

2. Down payment percentage is determined by the base loan-to-value ratio (LTV). The ‘‘base LTV'' is calculated by: (1) Dividing the base mortgage amount by the lesser of the sales price or appraised value of the property (for refinances, the base mortgage is divided by the appraised value of the property); (2) subtracting the result from 1 (one); and (3) multiplying by 100. ‘‘Base mortgage amount'' is defined as the mortgage amount prior to adding any financed closing costs or upfront mortgage insurance.

3. Eligibility for the mortgage insurance premiums listed in the chart above is based on an applicant's decision credit score (FICO). A ‘‘decision credit score'' is determined for each applicant according to the following guidelines: when three scores are available (one from each repository), the median (middle) value is used; when only two are available, the lesser of the two is chosen; when only one is available, then that score is used. If more than one individual is applying for the same mortgage, the lender should determine the decision credit score for each individual borrower and then average them to determine the final decision credit score for the application. That application ‘‘decision'' credit score is then used to underwrite and determine if the mortgage is considered an acceptable risk.

4. Except as provided below, eligibility for these insurance premiums is dependent upon borrower acceptance by TOTAL (Technology Open to Approved Lenders). Therefore, all borrowers with valid credit scores must be scored by TOTAL.

5. Borrowers not scored by TOTAL or with insufficient trade lines to generate credit bureau scores are considered as ‘‘none'' in the premium chart and are priced accordingly. Borrowers falling into cells with no premium price shown are not eligible for FHA-insured financing.

6. If TOTAL refers a loan for manual underwriting and the underwriter deems that there are sufficient compensating factors to create an acceptable risk to FHA, then the upfront insurance premium charge will be as shown on the premium chart.

7. These premiums apply to all purchase loans and to fully underwritten (non-streamline) refinance loans. Cash-out refinance loans must meet a minimum 5 percent equity requirement, based on the appraised value of the property.

8. Streamline refinance of an existing FHA loan for which a case number was assigned prior to January 1, 2008, will have an upfront premium of 100 basis points and an annual premium of 50 basis points.

9. First-time homebuyers who would otherwise pay an upfront premium of 225 basis points, but who complete pre-purchase homeownership counseling acceptable to the Secretary, will pay an upfront premium of no more than 200 basis points.

II. Solicitation of Public Comments

FHA welcomes comments on the risk based premiums for a period of 30 days. The risk-based premiums are based on FHA insurance eligibility requirements as they exist at the time of publication of this notice. FHA's proposed rule on down payment assistance, if issued in final, would affect the risk-based premiums proposal contained in this notice. Any changes made to the risk-based premiums in response to public comment will be announced through publication of a subsequent notice in the Federal Register.

III. Findings and Certifications

Environmental Review

A Finding of No Significant Impact is not required for this notice. Under 24 CFR 50.19(b)(6), the subject matter of this notice is categorically excluded from the requirements of the National Environmental Policy Act (42 U.S.C. 4332 et seq.). Dated: September 13, 2007.

Brian D. Montgomery,

Assistant Secretary for Housing-Federal
Housing Commissioner.
[FR Doc. 07-4651 Filed 9-17-07; 10:16 am]
BILLING CODE 4210-67-P

To read comments to on this proposal go to
http://www.regulations.gov/fdmspublic/component/main?main=DocketDetail&d=HUD-2007-0133

Come on Active Rainers

Please make your comments to HUD regarding this Proposal.   And let others know what you are saying by leaving the post here. 

 
Post is included in group: The FHA Mortgage Group

24 Comments on Proposed change to FHA MIP scheduled for change Jan 1, 2008.// Comment Period Ended 10/22/2007

Tim:

Good concise post.  I bookmarked you and gave you a HIGH FIVE.  Good job.  Hey, how 'bout that Cleveland/Cincinnati shoot out?  It was more like a basketball game, wasn't it.

09/20/2007 05:51 PM by ยป Bill Burress Nationwide Mortgage Originator


Everyone

I know I will be filing a public comment regarding this change and I would appreciate your suggestions and comments. 

I know there is another Proposed Rule that will affect the Seller Sourced Downpayment Grants that have been used for a few years.   I believe the "Other Sources of Funds" See this paragraph

FHA welcomes comments on the risk based premiums for a period of 30 days. The risk-based premiums are based on FHA insurance eligibility requirements as they exist at the time of publication of this notice. FHA's proposed rule on down payment assistance, if issued in final, would affect the risk-based premiums proposal contained in this notice. Any changes made to the risk-based premiums in response to public comment will be announced through publication of a subsequent notice in the Federal Register.

If that is Down Payment Assistance Rule is passed, and they modify the table to permit ZERO down instead of 3% in the Other Source of Funds, I would understand.    The only other issue I have is the "-------" not eligible for FHA Financing.   I believe the "NONE" Column should be be eligible in every catigory as well as allowing for Underwriter Disgression.   This would be true in the Other Souce of Funds Line for the Credit Scores below 600.   Eliminating of below 600 credit scores for ZERO Down or Other Source of Funds would have a major negative effect in this market.    

09/23/2007 08:03 AM by Tim Bradford (American Midwest Mortgage)


My concern is regarding the impact that the "Other Source of Funds" guidelines would have on some of the great sources of down payment assistance grants or forgivable loans, like those from the federally-funded HOME Investment Partnerships Program.  Any thoughts on that?

09/26/2007 01:00 PM by Laura


Laura,  

You would have to read more of the proposed rules.   It is a pain to find but go to http://www.regulations.gov and read the back ground.   I believe the other souce of funds pertained to the Charities.   I know there was mention of City, State and other True Grants,    I believe those are included in the Funds from Borrower.    Again Read the entire proposal and make comments to HUD.

09/26/2007 01:13 PM by Tim Bradford (American Midwest Mortgage)


This is important information.  Are there any websites out there that truly translate the legalese.

If I'm reading this right, if these changes are implemented it means that FHA will now be credit score based AND that down payment assistance programs will be eliminated?  Tim, can you comment on this and help clarify it for me?

 thanks

09/27/2007 01:34 PM by Kate Bourland; Redding Mortgage, Loss Mitigation, Money Merge Accounts (Windsor Capital, Dyer Beech & U First Financial)


Kate, 

As far as making FHA credit score based, I agree on two counts.   First the upfront premiums will be adjusted based upon downpayment and also credit scores.   That is not necessarily bad and that is why it is called risked base MIP.   As far as eliminating the "Down Payment Assistance" Programs, I believe FHA plans on offering the 100% financing, so the last line  

Other Sources of Funds 3175200225(b)--------------------

would change to

100% Financing0175200225(b)--------------------

That as far as being Risk based is not bad and conforms to the principle of the proposal. 

The significance or "Credit Score Based" is the areas marked as "------" would not be eligible for FHA Financing.   

This is only my opinion of where they are going.    I say pros and cons.   The point of the post was two fold. First to let agents know of the proposal, let agents express their opinions and lastly encourage any buyers to act before the proposal is enacted.  

09/27/2007 03:44 PM by Tim Bradford (American Midwest Mortgage)


Tim, thank your for clarifying.  If I'm reading this correctly this would mean that clients with credit scores below 600 would NOT be elegible for additional gifting funds? 

b. A minimum decision credit score of 620 is required when down payment funds come from a source other than the borrower or a relative of the borrower.  

This is counter-intuitive to me.  It seems to me that many clients who use FHA don't have a lot of credit to begin with.  I'm confused?  If the FICO scoring model were fair it would be one thing but it's not.  What am I missing?

In looking at the chart below, what does the 75 mean under the 680 - 850 score, 100 under 679 - 640 etc. mean?  Also help me understand what the 200 next to other sources of funds means.

Minimum
Downpayment
(%)(a)

Decision Credit Score

Funds from Borrower or a Relative 850-680679-640 639-600599-560  559-500499-300  None
1075 100 125150175  175  200
5100125150175200-----225
3125150175200225----------
Other Sources of Funds 3175200225(b)--------------------

09/27/2007 06:09 PM by Kate Bourland; Redding Mortgage, Loss Mitigation, Money Merge Accounts (Windsor Capital, Dyer Beech & U First Financial)


Kate,

Remember this is only the proposal.  

Let me approach this first.   In looking at the chart below, what does the 75 mean under the 680 - 850 score, 100 under 679 - 640 etc. mean?  Also help me understand what the 200 next to other sources of funds means.  Currently the base number for FHA loans is the borrower pays an Upfront Premium of 1.50% that can be financed.  With the down payment and credit scores you use the table.    So with a 680-850 Score the borrowers UpFront financable premium would be .75% (reward for downpayment and higher score)  The 679-640 would have an upfront premium of 1.00%  so on and so on.    Hope tht explains that. 

Regarding clients with credit scores below 600 would NOT be elegible for additional gifting funds?  That is the way I read it.  By the way, I believe the "Other Source of Funds" will be changed to 100% Financing.  HUD has been trying to get away from a number of Charity Grant Programs that are really seller funded.  That part I do not object to because the processing fees that range between 295-495 would be eliminated.  My problem like yours is that no option exists for a Manual Underwrite by the Underwriter.   I have seen too many cases where credit scores are not a true reading of a persons credit.   (my opinion)  Sometimes incorrect information appears and paid accounts are shown as outstanding.   I believe the Manual Underwrite is necessary at ever level.  

Hope I answerred all your questions.  and it is not as clear as mud. 

09/27/2007 06:31 PM by Tim Bradford (American Midwest Mortgage)


Tim, yes you did answer my questions.  It will interesting to see how this effects the My Community Down Payment Assistance Programs.  As I'm reading these FHA changes it seems to me that the private sector has a better solution for homebuyers.  So much for FHA being the "New Sub-Prime"  I truly don't understand these changes.

10/01/2007 05:19 AM by Kate Bourland; Redding Mortgage, Loss Mitigation, Money Merge Accounts (Windsor Capital, Dyer Beech & U First Financial)


What a great & timely post, thanks so much!

10/10/2007 11:57 AM by Candi Kinney (Tennessee Valley Home Loans)


The thing that bothers me most so far is that it appears based on the schedule to limit borrowers with no credit score to 95LTV! There are a lot of no credit score young couples that would be a much better credit risk than the borrower with a 501 credit score that gets 97LTV!

10/10/2007 09:25 PM by Carl Pruitt - FHA Mortgage Specialist (fhaloanadvice.com)


In my opinion, with the latest FNMA add-ons to the interest rate on MyCommunity Mortgages and the significant increase in mortgage insurance costs on those loans, combined with the fact that they will now no longer be allowed below a 575 credit score at all, FHA will still be a better program that is cheaper for the borrower provided Congress as expected changes the max LTV to 100 and fixes a couple of issues with the MIP.

10/10/2007 09:30 PM by Carl Pruitt - FHA Mortgage Specialist (fhaloanadvice.com)


"Government help!"  It's an oxymoron.  Unfortunately, politicians have too much influence in this loan program, which means that FHA modifications are good for soundbites to make the public think that they actually are doing something to help homeowners/buyers.  I am glad that FHA loans are there, and I do believe that they are better than MCM's for lower scredit score borrowers, but the threshholds for qualification are too high.  Especially when it comes to length of emp.

10/12/2007 10:01 AM by Rich Sweum (Homestead Mortgage)


I agree that the length of employment does seem a bit harsh, but a stable employment history is one of the pillars of why FHA works at all. They are already giving loans to people who haven't managed their credit well for one reason or another. At least they can hang their hat on a stable source of income. I know this can have the effect of ruling out some good borrowers, but the vast majority of people with a shorter work history really should be getting some work experience under their belt and waiting to buy a house.

10/12/2007 10:09 AM by Carl Pruitt


Carl thanks for supporting FHA with Rich Sweum's Comments.    Am I missing something regarding Employment.   Both MCM and FHA do require verification of a Stable Income.    Yes both loans require a two year history of employment, but education does count towards that, so I have done many loans that just graduated College (or Even Highschool) and were buying a home.    As long as I can verify the stability of their income.  (excluding commission and Bonus Income, because predictions can not be used.) 

Let me know If I am missing a point in the post.

10/12/2007 10:33 AM by Tim Bradford (American Midwest Mortgage)


Just another example of how FHA is more of a common sense loan instead of just blindly following a guideline the way many of the subprime loans have. I have also used the education exception in many instances. I should also mention that there is an exception for those who have taken time off to raise a child, look after a parent etc. If they can prove their work history prior to the break and have been back at work for 6 months, it's just as good as if they have a recent 2 year work history.

10/12/2007 11:20 AM by Carl Pruitt - FHA Mortgage Specialist (fhaloanadvice.com)


This is good information.   I had heard of the proposal, but wasn't aware that the decision was right around the corner.

 

Thanks for posting this, Tim 

11/18/2007 07:32 PM by y y (/LSONHC';/.c)


This proposal seems unfair to the NO FICO score individuals who have operated on a cash basis and have the required non traditional credit letters required for FHA financing. They are a much better credit risk than a 559 to 500 credit score. I have originated and funded FHA loans for 12 years and have tracked the defaults through neighborhood watch. I feel it is unfair to put those just beginning under the 5% downpayment rule and exclude them from "other sources of funds". Any news as to how this final rule is going to shake out. or what we can do to fight it. I found out about this after the public comment period ended?

12/01/2007 06:48 PM by Dean Wolfe Mortgage Banker


Dean, 

My concerns are similar to yours.  I know a number of comments addressed this issue.   As of yet, I have not seen the FINAL Rule.   Based upon past rules, any change takes 30 days after it is published.   For this reason things appear to be status quo until that occurs.  Above this issue my concern is for HR 1852 ( http://www.govtrack.us/congress/bill.xpd?bill=h110-1852 ) This allows for 100% Financing.    

12/03/2007 08:14 AM by Tim Bradford (American Midwest Mortgage)


Tim,

Great Post!! Being a big fan of FHA loans I will definitely monitor the progress on this proposal and submit my comments to HUD as well.Have a good one.

12/03/2007 08:59 AM by Ronald Miller (MPoint Mortgage Services)


Senator Dole had been holding up the FHA bill in the Senate until an amendment was added to it which delayed the implementation of these new risk based MIP guidelines for a year.

12/05/2007 09:29 PM by Carl Pruitt - FHA Mortgage Specialist (fhaloanadvice.com)


Carl,

Thank you for that information.  If you have a post to that information, please send it to me. 

12/06/2007 06:46 AM by Tim Bradford (American Midwest Mortgage)


Some additional news on the risk based MIP: As everyone knows by now the Senate version of the FHA reform bill included provisions that delayed implementation of risk based MIP for a year. However, since the conference committee has not reconciled the House and Senate bills, this could not be passed before scheduled implementation.

This morning I was told by a knowledgeable source in management at a prominent FHA lender that HUD had therefore decided to delay implementation of the risk based MIP until action was taken on the FHA Reform Bill and it would not be taking effect January 1. I have received no official confirmation of that yet.

Here is a good FAQ on the rules that may or may not be scheduled to take effect on Jan. 1. One of the interesting elements is that they intend to use the "average credit score" to determine MIP rates.

http://www.fha.gov/about/riskbasedfaq.cfm 

 

12/27/2007 01:25 AM by Carl Pruitt - FHA Mortgage Specialist (fhaloanadvice.com)


I personally think HUD wants the DPA's gone because of the amount of claims they have paid on this product and no matter how many times  the DPA's win in federal court they were determined to find a way to offset the claims -they are an insurance company and will always act like one.  So they will just make it financially unattractive which will accomplish exactly the same thing. I'm also certain that some actuary has run the numbers and when borrower's fico scores are >620 the majority pay the loan as opposed to <620. 

03/12/2008 09:33 AM by tonybologna


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