I've been doing the FHASecure Short Refinance Loan for a while now and when the new Housing Recover Bill I was concerned that the new FHA HOPE was going to replace the FHASecure.  Fortunately...NOT!

Here are some things that I've found in Title IV (FHA HOPE For Homeowners) so far:

  1. The whole thing makes about as much sense as how Superman can stop bullets with his chest but if you throw a revolver at him he ducks out of the way.
  2. It does NOT replace FHASecure.
  3. It is entirely voluntary to enter into by the borrower.
  4. To be eligible, the borrower cannot have made any "false statements" on the loan they are trying to replace, the old loan.  So this WILL eliminate anybody who did Stated Income loans for the original loan.
  5. If a borrower can qualify the old lender will need to write off enough of their loan to get the new FHA Hope loan to 90% LTV maximum.
  6. The old lender will have to pay a 3% upfront Mortgage Insurance Premium on the new loan.
  7. HUD will then say "since we're helping you out like this, we want a piece of your equity down the road".  You will pledge your equity to HUD in this format wether you sell or refi the loan:
    • 0-12 months - HUD gets 100% of the equity (remember the equity started at 10%)
    • 13-24 months - HUD gets 90%
    • 25-36 months - HUD gets 80%
    • 37-48 months - HUD gets 70%
    • 49-60 months - HUD gets 60%
    • From there on out - HUD gets 50%
  8. You cannot get an equity line for 5 years and then it would cap out at 100%.

Does anybody else think this is entirely silly?

Paul Dunn
Tucson's #1 FHA Mortgage Loan Originator
Arizona USDA Rural Home Loans

 
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16 Comments on The Housing Bill and A NEW Short Refinance Option

AUG
01
2008
129,518 Points 5 Featured Posts Outside Blog

Paul, this is an extremely complex matter that you have made seem SILLY. How could you make fun of our elected representatives best effort to totally confuse and screw up the "most important" housing bill in HISTORY!

I, like you, cannot think of anything that would have made things much more confusing that what they did. The voluntary part is really interesting. It is also voluntary on the old lender to participate and I am sure they will be lining up to do so. Right? All they have to do is write off 15% of the loan and pay for the UPMIP, right? Sounds like a really good deal to me.

11:38am • #1
121,567 Points Outside Blog
Great post Paul. Why don't they just help without making all of the stipulations. i agree this is silly and hadly anyone will qualify for this.
11:43am • #2
129,146 Points 3 Featured Posts

Yes I find the Voluntary part quite amusing Why would the old lender even want to do this?

12:19pm • #3
2 Featured Posts Localism Sponsor

It's election year.  I do not find it silly at all.  I find it totally stupid and irresponsible.

12:32pm • #4
AUG
02
2008
4 Featured Posts

Big Government=RED TAPE.

I am going into a 2 hour training class this upcoming Wednesday just to figure out all the in's and out's of HR 3221.  The bill is insane. 

Great Post by the way.

 

12:59pm • #5
AUG
03
2008
306,796 Points 16 Featured Posts Outside Blog

Paul, do things need to continue to get so complex? I barely understood the explanation let alone having to deal with one. Can't imagine too many of these being done. ;-)

Pepper

12:40pm • #6
183,300 Points Outside Blog

Let's look at it another way. A lot of people are upside on their mortgages. (They may even be underwater!) And for whatever reason, FHASecure is not a viable alternative for them. So, what are they to do? Walk away and destroy their credit? Put yet another vacant home on an already saturated real estate market thereby further depressing house values and the market? What happens to those who have to sell because of a job transfer? If they can't sell their current home, how will they be able to afford a new home (or even rent) at their new location? What's he supposed to do? And, if the big Wall Street investment firms and banks are entitled to relief, why not the hapless homeowner who's struggling to make ends meet? Don't get me wrong. I'm a big proponent of Government laissez-faire, but something needs to be done.

Allowing these struggling homeowners to refinance at 90% of their home's current market value brings an alternative solution to helping these people out. At the same time it helps the banks and investment firms out. It'll be less homes going into foreclosure. And, do you really think that they'll write off a mortgage for the difference between current balance owed and the new loan of 90% of the home's current market value without some sort of incentive? No, they won't. Even with them kicking in 3% to FHA, they will get a tax break, pure and simple (something that's been unsaid). They now have an incentive to help people keep their homes, help keep homes from going into foreclosure, cut costs and help (hopefully) stabilize the housing market. The only factor not in the equation is affordability. Too many people still can't afford a home today, so housing prices will probably continue to fall until that equilibrium is found. But hopefully this will help slow down if not stop the "free fall."

In essence, because homeowners will be able to refinance for less than their current mortgage and be forgiven the difference, they're "tapping into their non-existent equity" so to speak. And, they're not going to pay any income tax on that difference (at least not from what I can see). They shouldn't balk at returning that equity when they later sell the house. It's only fair that they do so. But given today's climate, I doubt that there will be much equity to hand over as houses probably won't increase much in value in the next 3 - 5 years. And even giving up 50% equity after 5 years probably won't be much after taking into account how much will be written off. Plus, also left unsaid is that the Wall Street investment firms and banks will most likely get to share in that "windfall" later on. Basically, they will take a loss now, get a big tax break for it, and then reap some "profit" later on. They're not going to lose.

These are very turbulent times, and I don't think the solutions provided are silly. This is a very serious issue for a great many people. And I for one sincerely hope that those who deserve it get the break they truly need.

That's my 2 cents.

1:30pm • #7

I really like the FHASecure and think that it is fairly underutilized and it does help people who are upside down on their mortgage.  It is a great alternative to all those loan originators turned loan modification specialists.  The new FHA Hope isn't available for people who simply need to move to another market, it isn't a bailout program for job transfers.

If you take a look back at the potential users of the FHAHope you'll most likely find similarities in that a good chunk of them probably had to go "stated income" to qualify for their mortgage in the first place.  Now because one of the eligibility stips is that they cannot have made any misleading statements on their prior loan application...someone who did stated is not eligible for the new FHAHOpe.

If the origination of the FHAHope is anything like the FHASecure has been then most wholesalers, originators, underwriters, etc will probably never see one. 

When I submitted an FHASecure to one of my favorite lenders Flagstar Bank, the underwriter called and said "what am I supposed to do with this?"  After explaining the program, the file got approved and the borrower got a short pay from his previous lender of more than 200k.

Paul Dunn
Tucson's FHA Mortgage Loan Originator
Arizona USDA Rural Home Loans

2:00pm • #8

Paul, that is pretty scary that you had to explain it to the underwriter!

2:42pm • #9
183,300 Points Outside Blog

Paul

I wasn't implying that the new program was meant to bail out someone who was transferred. It was meant in the context of and to imply that with the continuing downturn in the real estate market in many areas, he's stuck with a house he's trying to sell at a loss - and can't because of all the foreclosed homes on the market. And when you're transfered, you need to sell your house, not refinance it.

While FHASecure is a good overall program, not everyone can avail themselves of it for a variety of reasons. FHASecure will still be there, but at least there's now another alternative which, while in and of itself is not perfect, is better than no other alternative. I think this one's aimed more at the people who are upside on their mortgage and where their banks won't help by writing a 2nd mortgage to cover the difference. Are there restrictions? Sure. But all I was trying to show is that something needs to be done to help stem to flow of red ink for everyone, and stabilize the market. And the more people who can be helped, the better, wouldn't you agree?

3:20pm • #10

I agree 100%.... We'll have to see what the impact is...

3:33pm • #11
AUG
06
2008
240,466 Points 21 Featured Posts Outside Blog

Looking into my crystal ball I see... I see... I see this potentially being replace with something even sillier. OK ... now I'm being silly. I can't say I'm a fan of the new legislation. Rather than create a foundation for housing to recover there are disincentives to it that are doing the opposite. Check out what's happening with Freddie now.

10:19am • #12
SEP
23
2008

Paul,

Does the borrower have to pay tax on the part of their loan that is written off?

 

Thanks

Shawn
12:39am • #13

Most likely not (primary residence - purchase money), maybe (prior refi cash out), but there is an insolvency exemption.  That's a highly detailed matter that needs the IRS has on their publications but should be addressed by a tax specialist.

1:08am • #14
OCT
06
2008

Paul,

When are the lendenders going to start doing the FHA HOPE  loans, do the home-owners

have to do it directly with the lender or with a mortage broker, another questions have the regulations  come out yet to see who will qualify.?

Thank you

Janet

 

Janet
8:56am • #15
OCT
13
2008

Well the new program went into affect on the 1st of October but as of yet I don't see any lenders participating in it fully. I have seen a few lenders agree to discuss it with borrowers but I have many borrowers trying to get it done but as of yet not even one has had the benefit of making this a realty...

12:19pm • #16

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Paul Dunn - Tucson's #1 FHA Mortgage Originator and USDA Rural Specialist

Tucson, AZ

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