Last week I wrote that this was coming. I mentioned how down payment assistance programs like Nehemiah might go away. Well, it's been passed into law now. For buyers and sellers who do not know what I'm talking about...here's the run down:

For a long time it's been quite the norm for a buyer to ask the seller of a home to cover part of their closing costs, if not all of them. A buyer would often even ask for down payment money to come from the seller. The idea is that the buyer wanted to get into the home for as little money down as possible. Who can blame them, right? Nehemiah, Ameridream and other non-profit organizations were formed for the purpose of gifting money to a buyer.

See, most lenders aren't keen on having a seller give money to a buyer as part of a real estate transaction for quite obvious reasons. So what Nehemiah and other non-profits do is accept a "gift" from the seller. I mean, a seller may not be able to give the buyer of their home money, but they can give money to someone else if they want, right? And then of course, for a fee, Nehemiah in turn gives the buyer the money the seller gave them. Since the buyer received money from Nehemiah, not the seller, the bank is OK with it (pretty short-sighted of them, wouldn't you say? The short-sightedness of lenders is the topic of another post though), and the buyer is as happy as can be because he gets to buy a house without spending any of his own money. And the seller is fine with it because it gets their home sold, and it doesn't really cost them any money, because they just bumped the sale price of the home up to cover what they gave to the buyer.

See this is part of the problem, and it's part of why banks have never wanted sellers to give money to buyers in a real estate transaction to begin with. If the seller is giving the buyer $5k and in turn selling a $200k home for $205k, it puts a inflated comp into the marketplace. Not to mention the fact that the lender just put out $205k for a $200k home.

DPA programs have been touted as a godsend from the beginning. They've talked about how they make homeownership possible for people who otherwise wouldn't be able to buy a home. The only problem, as I see it, is that these are the majority of the people who are losing their homes now.

Companies like Nehemiah (I'm only using Nehemiah as an example. There are several other companies that do DPA; they are just one of the biggest) are raising kane about this now of course, now that their programs have been cut. They say that 40% of FHA deals (a very popular loan program) use down payment assistance. This represents about 300,000 home purchases. The conclusion they draw is now that DPA programs are illegal, these buyers will be unable to buy homes, and that this huge segment of buyers are now out of luck. I don't agree with this conclusion at all. Just because someone uses DPA doesn't mean it's the only way for that person to have bought a home. They have the option to get the home with no money down.

Imagine you went to the store to buy a new computer and you had the money to buy one no problem. But when you got there, you saw the store had a promotion going where you could get the computer you wanted with no money down and zero percent financing for 6 months. Would you do the financing deal and just pay later? I would do the no money down. But if the deal hadn't been available, I still would have bought the computer. That's the point.

And further more, they don't ever seem to mention that the vast majority of foreclosures right now are from DPA deals. In other words, this "essential" down payment assistance that "makes homeownership possible" for so many of us doesn't really translate into a lot of actual homeownership...not if these people are losing their homes a year or two later. To me, that doesn't really count.
 
I felt from the beginning that this law would eventually pass, but I was getting quite sick of people just talking and talking about it. I kept hearing that DPA was going to get the boot, but then it kept falling into the backdrop. But eventually all good things must come to an end. I'd assert that in this case it's more like all kind-of-ok things must come to an end. I don't mean my comments to be completely negative about DPA. Those programs were helpful on occasion. The problem is that they had become the norm. I scarcely had a buyer come into my office that would even consider putting down money on their home. I mean, why should they? And I couldn't argue with them. It had become so commonplace. I've not ever been a really big fan of down payment assistance programs for this reason.

So the point is, if you want to buy a house these days, you're gonna need to be able to come up with at least a little money to put down. It looks like FHA down payments will go up to 3.5% as well. People have been buying and selling real estate successfully for decades before these DPA programs were around. It's worth making the obvious comment also that foreclosures have never been such a problem until now either. We've never had so many foreclosures as we have now, and most of them come from DPA deals. Are we really going to cry about this any more?

 

Mario Trejo Romero

www.talktomario.com

 

 

12 Comments on The End of Down Payment Assistance

AUG
07
2008
157,111 Points 1 Featured Post

Good opinion Mario, I like what you have to say about DPA programs. I'm glad they are gone. But for how long?

7:40pm • #1
451,664 Points Outside Blog

well...it remains to be seen the impact, I am seeing may contracts come across my desk with these programs driving it...so people will just have to adjust... :)

7:57pm • #2
617,401 Points 34 Featured Posts Outside Blog Hit Router

I am so glad they are gone.  However, the deadline is in October, and you know there are going to be exceptions and extensions given, and how far will those exceptions go?

8:22pm • #3
1 Featured Post

Dp programs come and go. Credit loosens and tightens, history always repeats itself. having been practicing Real Estate in the last down market of the late 80's,  I recall the banks saying it would not happen again. It looks like a lender's memory is every 15 years

9:04pm • #4
AUG
08
2008
Mario,

You are unusually honest for a realtor.

It's interesting that you recognize that Nehemiah-type DPA is 100% financing. Problem is, 100% financing using FHA violates the National Housing Act; not as of October 1st, but right now.

I've never seen the word "gift" placed in quotation marks as often as it is when discussing this subject.

The real estate industry has always had a bad reputation when it comes to honesty and ethics (see historical annual Gallup Poll rankings on honesty and ethics in professions surveys).

A program where buyers are told they are getting a gift and then have to pay for that gift in the form of a higher price and inflated mortgage balance is simply not honest.

Now I often see how some argue that prices are raised when sellers pay for recurring and non-recurring closing costs and that those are built into the price of the home also; so what's the difference? The difference is that there is no certification of a gift with those concessions. There is no representation to the home buyer that he/she will be given the closing cost assistance free and without charge. That's not the same as the "gift" programs. They are certified to be free.

Also, you see the "nonprofits" argue that the "appraisal comes in" so that makes it okay. What they don't tell you is that appraisals are not exact by their very nature. Appraisals are opinions of market value defined as "estimates" in HUD handbooks.

Existing anti-flipping regulations and more recently, a 2008 FHA Mortgagee Letter state that under certain circumstances, such as the quick resale of a home at an increased price, the underwriting of an FHA loan requires that a second appraisal be obtained to verify the property value. As long as the second appraisal is not more than 5% below the first appraisal, the first appraisal is acceptable. Effectively, HUD has declared that the permissible tolerance between two appraisals is 5%.

The "gift" programs distort sales prices by the 3% down payment requirement plus the "gift" fee charged by the "charity." Now you can see that the sales price inflation can live like a virus within the acceptable range between two appraisals. Like a computer virus, just because it can find a place to hide in the system, doesn't make it legal.

The problem is not with the appraisers. How can HUD discipline an appraiser for an "error" of less than 5% when HUD itself has committed to 5% as an acceptable tolerance? So when the "charities" send you after a red herring that "the appraisal comes in" so all is well. Think twice. The problem is that there are two different prices on the home. The appraisal issue is a distraction designed to get you off the subject of price inflation.

Let me suggest a mental exercise to see if you think making someone pay for their gift is honorable or ethical. Let's say it's your birthday party, and some character shows up that you have never met before. Strangely, this character has brought with him a $4,000 gift (big screen, vacation package, fill in the blank of what $4,000 gift you would like for your birthday) and makes a "big todoo" about it. Kind of odd since not even your parents or other family members, people who actually know you, could come up with such a gift. After all the fanfare, and the OMG thank you so muchs, the stranger leaves ... and leaves you wondering who was that man who gave me so much and why would he?

A little time goes by and one day, after work, you go home get the mail and are stunned to see that that nice man had charged that "gift" to your credit card. But it doesn't end there, he also charged you a $500 fee for getting you the gift! Now what do you think of him? Now you know why he crashes every birthday party in town with his "gift." Welcome to Nehemiah.

I have to stop typing now because I ran out of quotation marks.

Thomas Paine
7:28am • #5
AUG
25
2008

I am someone who used downpayment assistance to purchase my home, and we have owned it for 8 years.  No foreclosure here!  We were required to be PRE APPROVED for a homeloan BEFORE we could even sign up to use the DPA.  Neither my husband nor myself some from families with a lot of money, so whatever we were going to do, we had to do on our own.  I THANK GOD for downpayment assistance programs because I would not be a homeowner today without it!

On the other hand, a couple we know purchased their home with "creative financing." They didn't want to use DPA because their lender convinced them to go a different route.  They are losing their home, because when the market changed, the creative financing caused them to go upside down.

I think perhaps before going on and on about your opinions, maybe you should acutally do a little research and find out what the facts are!  We didn't have to pay for our gift...it is the seller that pays the processing fee.  Thomas Paines "mental exercise" is completely erroneous!  There is full disclosure, and when the seller is willing, and the buyer is willing, and there is no rich uncle, DPA can be a Godsend.  I recommend, if you want to find out the real deal about DPA, go to www.DPAGroundswell.com. I did, and I sent emails to my elected officials to save DPA.  And I don't even get a commission.

workingmom08
9:01am • #6
AUG
30
2008

Paying for a gift is not a gift.  It can't be expressed any simpler than that.  If we're going to start paying for gifts someone needs to go and tell Webster so we're all on the same page.  Fraud is fraud.

Thomas Paine
12:25pm • #7

google:  Ameridream Mr. Red

Senate testimony from a secret witness

Who are these dogooders?
12:32pm • #8
SEP
05
2008

The opinions on this page are astounding!  Do you really think that a family member will give a "gift" of money without expecting something in return?  I'd like to be a part of that family!  Then what about people who do not belong to families with means?  What about them? 

You are saying that it is fraud when a seller is "willing" to say, Hey, DPA...will you please help my buyer with their down payment?  If you do, I will make a contribution so another buyer down the road can receive the same assistance!  I disagree wholeheartedly.  Sellers are willing to do a lot of things to make their homes more appealing to buyers.  As a seller myself, I would want to offer DPA, because I know how it feels to want to purchase and not have it in my budget to save for down payment.

Just because you don't like these programs, or agree with them, does not mean they qualify as fraud.  No one is being forced to use them.  There is always a choice involved, and from what I am hearing, buyers and sellers alike are willing participants on a regular basis.

Perhaps you would benefit from going to DPAGroundswell.org and reading up on what DPA really is, how it works, and it BENEFITS the real estate market.

workingmom08
8:57am • #9
SEP
11
2008

I have an update: this article that talks about a possible compromise between HUD and DPA!  http://www.inman.com/news/2008/09/9/congress-weighs-reprieve-seller-funded-gifts.  I, for one, hope that the bill introduced by Representatives Maxine Waters, Gary Miller, Al Green and Christopher Shays on July 31, 2008, that would reinstate SF-DPA, gets passed. If it does, and gets signed into law, the FHA Seller-Financed Downpayment Reform and Risk-Based Pricing Authorization Act of 2008 (H.R. 6694) will allow downpayment assistance to continue indefinitely.  That is what I am pulling for.  GO DPA!!!

workingmom08
9:49am • #10
SEP
18
2008

Great news!  H.R. 6694 has been passed by the House Financial Services Committee, positioning the bill for a floor vote in the coming days.

workingmom08
7:17pm • #11

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Mario Trejo Romero, CRS, CDPE

Phoenix, AZ

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