HUD issued a final rule amending the regulations regarding specific standards for a mortgagor's investment in property which is to be insured by FHA.
The rule defines a prohibited source of down payment assistance as a payment that consists in whole or in part, of funds provided by any of the following parties before, during or after close of the property sale: the seller; any other person or entity that benefits from the transaction; any third party or entity that is reimbursed directly or indirectly by the seller.
In order for the homebuyer to use a gift that was derived from the seller, the homebuyer must have entered into a contract of sale (including any amendments to the purchase price) prior to October 31, 2007. Due to previous agreement between HUD and Nehemiah Progressive Housing Development Corporation, if Nehemiah is providing a seller-derived gift for down payment assistance, the sales agreement must have been signed on or before March 31, 2008.
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