FHA Program Updates from Christopher Shearer
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TO: ALL APPROVED MORTGAGEES
SUBJECT: Revised Refinance Transactions
The Federal Housing Administration (FHA) has revised a number of underwriting instructions regarding refinance transactions. These changes are designed to provide expanded alternatives for homeowners wishing to refinance their mortgages, and offer greater flexibility to mortgagees in processing and underwriting certain refinance transactions. These guidelines, which are effective for mortgages endorsed on or after the date of this Mortgagee Letter, are summarized below and will appear as revised pages to handbook HUD-4155.1 REV-5 when revised in 2006.
Summary of Changes
Cash-Out Refinances: Under the terms and conditions described below, FHA will insure a cash-out refinance of up to 95% of the appraiser's estimate of value. The eligibility conditions that must be met include:
•· The subject property must have been owned by the borrower as his or her principal residence for at least 12 months preceding the date of the loan application.
•· If said property is encumbered by a mortgage, the borrower must have made all of his/her mortgage payments within the month due for the previous 12 months, i.e., no payment may have been more than 30 days late and is current for the month due.
•· The property that is security for the refinanced mortgage must be a 1- or 2-unit dwelling.
•· Subordinate financing may remain in place, but subordinate to the FHA insured first mortgage, regardless of the total indebtedness or combined loan-to-value ratio, provided the homeowner qualifies for making scheduled payments on all liens.
•· Any co-borrower or co-signer being added to the note must be an occupant of the property. Non-occupant owners may not be added in order to meet FHA's credit underwriting guidelines for the mortgage.
"No Cash Out" (Rate and Term) Refinances and Streamline Refinances: These instructions remain in effect except for the following modifications and additions:
•· The mortgage being refinanced must be current for the month due.
•· In determining the existing debt as part of the mortgage amount calculation, the mortgagee may include accrued late charges and escrow shortages.
•· At closing, the borrower may not receive cash back in excess of $500.
•· Prepaid expenses may include the per diem interest to the end of the month on the new loan, hazard insurance premium deposits, monthly mortgage insurance premiums, and any real estate tax deposits needed to establish the escrow account regardless whether the mortgagee refinancing the existing loan is also the servicing lender for that mortgage.
Shortening the Term: Previous instructions provided for an allowance of $50 before triggering a credit review when a borrower shortens the term of the mortgage. However, in light of the increase in mortgage amounts over the past several years, this has become an unrealistic threshold. Therefore, a mortgage on a principal residence may be refinanced to a shorter-term mortgage, provided the monthly principal and interest increases no more than 20 percent. This additional latitude will allow more borrowers to shorten the term of the mortgage without the need for full underwriting.
Refinancing a FHA-Hybrid Adjustable Rate Mortgage to a Fixed Rate: A Hybrid ARM, (3-, 5, 7-, or 10-year mortgage) may be streamline refinanced to a fixed rate mortgage, with or without an appraisal, provided that the payment will not increase by more than 20 percent and all mortgage payments must have been made within the month due for the past 12 months or the period the mortgage has been in force, if shorter.
If you have any questions regarding this Mortgagee Letter, please contact your local Homeownership Center (HOC) in Atlanta (888-696-4687), Denver (800-543-9378), Philadelphia (800-440-8647), or Santa Ana (888-827-5605).
Sincerely,
Brian D. Montgomery
Assistant Secretary for Housing-
Federal Housing Commissioner
July 29, 2005
MORTGAGEE LETTER 2005 - 32
TO: ALL APPROVED MORTGAGEES
SUBJECT: Underwriting Section 8 Homeownership Vouchers-Updated Instructions
In Mortgagee Letter 2001-20 (ML 2001-20), which describes the underwriting procedures for loan applications where the homebuyer receives a monthly homeownership assistance payment (as known as a subsidy) under the housing choice voucher homeownership program, the Federal Housing Administration (FHA) announced that it would consider additional underwriting guidelines. Since that time, FHA has monitored loan performance and examined alternative underwriting methodologies and is pleased to present the more flexible guidelines described below.
Highlights of Major Change
Mortgage lenders may now treat the monthly homeownership assistance payment as an "offset" to the monthly mortgage payment, i.e., reduce the payment by the amount of the homeownership assistance payment before dividing by the monthly income to determine the payment-to-income and debt-to-income ratios. However, in order to use this procedure for qualifying the borrower, the homeownership assistance payment funds must not pass through the hands of the homebuyer, i.e., the homeownership assistance payment must either be paid directly to the servicing lender or placed into an account that only the servicing lender may access. If the homeownership assistance payment is made directly to the homeowner, that amount may only be considered as income in qualifying the borrower, in accordance with the instructions in ML 2001-20 which remain intact for qualifying borrowers whose homeownership assistance payment is not paid to the servicing lender.
FHA believes these new underwriting guidelines will increase homeownership opportunities for those homebuyers who receive Section 8 monthly homeownership assistance payments while not increasing the risk of borrower defaults on the mortgage. Mortgage lenders are reminded to identify all Section 8 subsidized mortgage loans by entering "88" as the program identification code in the FHA Connection or functional equivalent.
If you have any questions regarding this Mortgagee Letter, please contact your local Homeownership Center (HOC) in Atlanta (888-696-4687), Denver (800-543-9378), Philadelphia (800-440-8647), or Santa Ana (888-827-5605).
Sincerely,
Brian D. Montgomery
Assistant Secretary for Housing-
Federal Housing Commissioner
May 24, 2005
MORTGAGEE LETTER 2005 - 27
TO: ALL APPROVED MORTGAGEES
SUBJECT: Social Security Number Validation
The Federal Housing Administration (FHA) is pleased to announce that beginning June 18, 2005, it will validate social security numbers (SSNs) for consistency with borrower names and dates of birth. This enhancement to the social security number validation procedures described in Mortgagee Letter 2004-17 is provided at no cost to the mortgage lender and is a further measure designed to reduce incidents of identity theft and fraud in FHA's single-family mortgage insurance programs. This process integrates FHA's access to various external databases including, in some cases, the Social Security Administration (SSA).
How the process works
Lenders will enter the borrower's name, SSN and birthdate at the borrower/address validation screen through the FHA Connection (FHAC) or its functional equivalent. The system will query various external databases to determine the validity, consistency, and correlation of the data elements. The online verification process provides an overall confidence rating in real-time. Validating SSNs at this stage in loan processing will give lenders the opportunity to correct SSNs, names, and dates of birth before case number assignment. All construction types except proposed new construction require the entry of the three elements for each borrower.
What "acceptable confidence rating" means and how case numbers are assigned
Acceptable confidence rating means the system has matched the borrower's three data elements with information contained in the other databases. This match indicates there is a high probability that all three data elements (name, date of birth, and SSN) belong to the same person. An acceptable confidence rating allows a case number to be assigned and the lender may continue to process the loan.
What it means when the online verification process does not result in case number assignment
A case number will not be assigned when the verification indicates that the three data elements did not match sufficiently to provide an acceptable confidence rating. In these cases the lender may either correct any or all of those three data fields which will then trigger additional verification attempts, or, if it believes that those borrower information fields are correct, it can override the online validation, continue with all other data entries into FHA Connection, and the application will be placed in the "holds tracking" mode. This results in an overnight verification attempt with the SSA through its own database. A case number will normally be assigned the next business day following successful verification by SSA. However, depending on time of submission and SSA's business cycle, two-day case number assignments may occur.
Circumstances where the overnight matching with SSA fails
On the holds tracking screen, FHA will communicate whatever information regarding mismatched data fields is provided by SSA, including transposed numbers, date of birth inconsistency, complete failure to match, etc., but no case number will be issued. However, if the borrower produces conclusive documentation that the SSA database is in error (e.g., borrower name change following recent marriage), the lender may provide such documentation supporting the validity of the SSN to the jurisdictional Homeownership Center (HOC). If, upon its review, the HOC staff believes the documentation to be valid, it will manually issue a case number.
Other instances when this validation process is performed
This validation process will also be performed when borrower name, date of birth or SSN is changed after the case number has been assigned. Should the validation of the new information fail, a case warning will remain on the loan and the lender will need to resolve the inconsistency before the mortgage may be endorsed.
Lender Responsibility
Although FHA is providing these tools, mortgagees are reminded it is their responsibility, and not FHA's, to verify each borrower's SSN, as well as each borrower's identity. FHA is providing this validation process to protect the insurance funds it manages.
Form HUD-92900-A, Addendum to the Uniform Residential Loan Application
Form HUD-92900-A has been modified, at the request of SSA, to provide disclosure to, and consent by the borrower to verify his/her SSN against SSA data through computer matching services. This document is available on www.hudclips.org and must be used for all new loan applications taken on or after June 18, 2005.
FHA Loans Only
This verification service, provided by FHA at no cost to its approved mortgagees, may only be used for processing loans for FHA insurance. Mortgagees are not to use this service to verify SSNs for other than FHA mortgages.
If you have any questions regarding this Mortgagee Letter, please contact your Homeownership Center (HOC) in Atlanta (888-696-4687), Denver (800-543-9378),
Philadelphia (800-440-8647), or Santa Ana (888-827-5605).
Sincerely,
April 13, 2005
MORTGAGEE LETTER 2005 - 16
TO: ALL APPROVED MORTGAGEES
SUBJECT: Revised Qualifying Ratios and Treatment of Child Support
The following changes to Federal Housing Administration's (FHA) instructions regarding qualifying ratios and the treatment of child support in the underwriting analysis are effective immediately. Each is designed to enhance homeownership opportunities for low- and moderate-income individuals and families.
•· Qualifying Ratios: FHA's benchmark payment-to-income and debt-to-income ratios of 29% and 41%, respectively, were promulgated before Congress enacted recent federal tax cuts. Consequently, most borrowers seeking FHA mortgage insurance have enjoyed a reduction to their federal income tax during the last several years, thus increasing their buying power and disposable income.
Therefore, for manually underwritten mortgages where the Direct Endorsement (DE) underwriter must make the credit decision, the qualifying ratios are raised to 31% and 43%. This change will allow a larger number of deserving families to purchase their first home while not increasing the risk of default. As always, if either or both ratios are exceeded on a manually underwritten mortgage, the lender must describe the compensating factors used to justify mortgage approval. For those borrowers who qualify under FHA's Energy Efficient Homes (EEH), as described in handbook HUD-4155.1 REV-5, paragraph 2-19, the "stretch ratios" are increased to 33% and 45%.
- Treatment of Child Support: Paragraph 2-7 Q of handbook HUD-4155.1 REV-5 does not permit the "grossing up" of child support income in calculating the qualifying ratios. However, after considerable review, the Department has decided to permit properly documented child support to be grossed up under the same terms and conditions as other non-taxable income sources.
If you have any questions regarding this Mortgagee Letter, please contact your local Homeownership Center (HOC) in Atlanta (888-696-4687), Denver (800-543-9378),
Philadelphia (800-440-8647), or Santa Ana (888-827-5605).
Sincerely,
John C. Weicher
Assistant Secretary for Housing-
Federal Housing Commissioner
January 28, 2005
MORTGAGEE LETTER 2005-06
TO: ALL APPROVED MORTGAGEES
SUBJECT: Lender Accountability for Appraisals
This Mortgagee Letter is to remind mortgagees of their responsibilities to obtain high quality appraisals for properties that will be security for FHA-insured mortgages. These responsibilities are contained in an amendment to 24 CFR 203.5 that was published in the Federal Register on July 20, 2004 and which became effective August 19, 2004. This rule also amended 24 CFR 25.9 to make submission of, or causing to be submitted, documentation relating to an appraisal that does not satisfy FHA requirements a ground for administrative action by the Mortgagee Review Board. As explained in the preamble to this final rule, HUD is imposing a standard of accountability to which lenders, sponsor lenders, and loan correspondent lenders will be held that is the same as the standard used to impose civil money penalties for program violations. That standard is one of knowing (actual knowledge) or had reason to know.
HUD handbooks and mortgagee letters specify certain actions that a mortgagee should take to help ensure that appraisals comply with FHA requirements. However, the fact that a mortgagee has taken such actions does not automatically mitigate the standard imposed by this final rule if despite compliance with the requirements, the lender is found to have known or had reason to know about the deficient appraisal.
Background
Since 1991, when passage of Title XI of the Financial Institutions Reform, Recovery and Enforcement Act of 1989 (FIRREA) created systemic state licensure and certification requirements for appraisers, FHA has reiterated the responsibility of lenders to critically review and analyze FHA appraisals. The direction and guidance provided to lenders in previous mortgagee letters included the following:
•· "A DE lender that selects its own appraiser must accept responsibility, equally with the appraiser, for the integrity, accuracy and thoroughness of the appraisal and will be held accountable by HUD for the quality of the appraisal."
•· "Lenders are reminded that if the appraiser they selected provides a poor or even fraudulent appraisal which leads the Department to insure a mortgage at an inflated amount, the lender is held equally responsible with the appraiser for the violation."
•· "Lenders accept responsibility, equally with the appraisers, for the integrity, accuracy and thoroughness of the appraisals, and will be held accountable by HUD"
Handbook 4060.1 REV-1, Change 1, Mortgagee Approval Handbook, dated November 24, 2003, revised and updated the Department's requirements for maintaining and implementing a Quality Control Program for the origination and servicing of HUD/FHA insured mortgages. Chapter 6 contains detailed explanations for quality control plans including appraisal review.
Highlights of Final Rule
The final rule:
•a) codifies FHA's requirement that mortgagees are accountable, along with appraisers, for the quality of appraisals on properties securing FHA-insured mortgages;
•b) specifically provides that lenders that submit appraisals to HUD which do not meet FHA requirements are subject to the imposition of sanctions by the HUD Mortgagee Review Board;
•c) applies to both sponsor lenders that underwrite loans and loan correspondent lenders that originate loans on behalf of their sponsors; and
•d) is designed to ensure that lenders are aware of their responsibilities with respect to appraisals and provide homeowners with an accurate statement of the appraised value of their home as well as help assure homeowners that the condition of the home meets FHA standards.
•e) clarifies that the standard of accountability to which lenders, sponsor lenders, and loan correspondent lenders will be held is the same as the standard used to impose civil money penalties for program violations, and that standard is one of knowing (actual knowledge) or had reason to know.
Purpose of the Rule
The success of the FHA single family mortgage insurance program, and HUD's ability to safeguard the FHA Insurance Fund, depends significantly on the quality of appraisals on properties that are to be security for insured mortgages. Section 203(b)(2) of the National Housing Act (12 U.S.C. 1709(b)(2)) provides the method for calculating the maximum mortgage amount that FHA can insure. The calculations required by statute are based on the appraised value of the property that is security for the mortgage. If a mortgagor defaults and the mortgagee conveys title to the property in exchange for payment of the mortgage insurance benefits, FHA must then manage and sell the property in order to recoup its insurance loss. If the appraisal was accurate, the loss to FHA will be minimal. If the appraisal was inaccurate, or the appraiser was negligent in reporting readily observable defects, HUD's return on any sale of a property that was overvalued or in poor condition could be significantly reduced, thereby increasing the loss to the FHA Insurance Fund.
If you have any questions concerning this Mortgagee Letter, please contact your local Homeownership Centers in Atlanta (888) 696-4687, Denver (800) 543-9378, Philadelphia
(800) 440-8647, or Santa Ana (888) 827-5605 (these are all toll free numbers).
Sale by Owner of Record
To be eligible for a mortgage insured by FHA, the property must be purchased from the owner of record and the transaction may not involve any sale or assignment of the sales contract. This requirement applies to all FHA purchase money mortgages regardless of the time between re-sales.
The mortgage lender must obtain documentation verifying that the seller is the owner of record and submit this to HUD as part of the insurance endorsement binder; it is to be placed behind the appraisal on the left side of the case binder. This documentation may include, but is not limited to, a property sales history report, a copy of the recorded deed from the seller, or other documentation such as a copy of a property tax bill, title commitment or binder, demonstrating the seller's ownership of the property and the date it was acquired.
Re-sales Occurring 90 Days or Less Following Acquisition
If a property is re-sold 90 days or fewer following the date of acquisition by the seller, the property is not eligible for a mortgage insured by FHA. FHA defines the seller's date of acquisition as the date of settlement on the seller's purchase of that property. The re-sale date is the date of execution of the sales contract by the buyer that will result in a mortgage to be insured by FHA.
As an example, a property acquired by the seller is not eligible for a mortgage to be insured for the buyer unless the seller has owned that property for at least 90 days. The seller must also be the owner of record.
Re-sales Occurring Between 91 and 180 Days Following Acquisition
If the re-sale date is between 91 and 180 days following acquisition by the seller, the lender is required to obtain a second appraisal made by another appraiser if the resale price is 100 percent or more over the price paid by the seller when the property was acquired.
As an example, if a property is re-sold for $80,000 within six months of the seller's acquisition of that property for $40,000, the mortgage lender must obtain a second independent appraisal supporting the $80,000 sales price. The mortgage lender may also provide documentation showing the costs and extent of rehabilitation that went into the property resulting in the increased value but must still obtain the second appraisal. The cost of the second appraisal may not be charged to the homebuyer.
FHA also reserves the right to revise the re-sale percentage level at which this second appraisal is required by publishing a notice in the Federal Register.
Re-sales Occurring Between 91 Days and 12 Months Following Acquisition
If the re-sale date is more than 90 days after the date of acquisition by the seller but before the end of the twelfth month following the date of acquisition, FHA reserves the right to require additional documentation from the lender to support the re-sale value if the re-sale price is 5 percent or greater than the lowest sales price of the property during the preceding 12 months. At FHA's discretion, such documentation may include, but is not limited to, an appraisal from another appraiser.
FHA will announce its determination to require the additional appraisal and other value documentation, such as an automated valuation method (AVM), through a Federal Register issuance. This requirement may be established either nationwide or on a regional basis, at FHA's discretion.
Exceptions to 90-day Restriction
The final rule exempts properties acquired by an employer or relocation agency in connection with the relocation of an employee from the time restriction on re-sales. Re-sales by HUD under its Real Estate Owned (REO) program are not subject to the time restrictions. However, any subsequent re-sale of such a property must meet the 90-day threshold in order for the mortgage to be eligible as security for FHA insurance. The Homeownership Centers (HOCs) do not have the authority to waive the regulatory requirements set forth in the final rule.
The restrictions established by the final rule are not intended to apply when a builder is selling a newly built home or is building a home for a homebuyer wishing to use FHA-insured financing. HUD will more fully address this issue through issuance of the Federal Register notice provided for in § 203.37a(b)(4)(iv) of the final rule.
Date of Property Acquisition Determined by the Appraiser
In addition, mortgage lenders may rely on information provided by the appraiser in compliance with the updated Standard Rule 1-5 of the Uniform Standards of Professional Appraisal Practice (USPAP). This rule requires appraisers to analyze any prior sales of the subject property that occurred within specific time periods, now set for the previous three years for one-to-four family residential properties.
As a result, the information contained on the Uniform Residential Appraisal Report (URAR) describing the Date, Price and Data for Prior Sales for the subject property and the comparables is to include all transactions that occurred within three years of the date of the appraisal. Appraisers are responsible for considering and analyzing any prior sales of the property being appraised and the comparables that occurred within three years of the date of the appraisal.
Therefore, provided that the URAR completed by the appraiser shows the most recent sale of the property to have occurred at least one year previously, no additional documentation is required from the mortgage lender. The mortgage lender remains accountable for verifying that the seller is the owner of record and may rely on information developed by the appraiser for this purpose if provided. However, if the lender obtains conflicting information before loan settlement, it must resolve the discrepancy and document the file accordingly.
Summary of Property Flipping Regulations In Effect June 2, 2003
Prior Sale Occurred
0-90 Days
91-180 Days
Eligibility for FHA Financing
Not Eligible
•· Exceptions include relocation agencies and re-sales by employers to employees and sales by HUD of Real Estate Owned.
•· The HOCs cannot grant exceptions.
Eligible provided:
•· Re-sale price to FHA mortgagors is less than 100% greater than previous sale or
•· If 100% or more greater than previous sale, second appraisal supports value
If you have any questions regarding this Mortgagee Letter, please contact your Homeownership Center (HOC) in Atlanta (888-696-4687), Denver (800-543-9378), Philadelphia (800- 440-8647), or Santa Ana (888-827-5605).
January 4, 2005
MORTGAGEE LETTER 2005-02
TO: ALL APPROVED MORTGAGEES and APPROVED APPRAISERS
SUBJECT: Seller Concessions and Verification of Sales
This Mortgagee Letter reiterates and clarifies Federal Housing Administration (FHA) policy regarding the responsibilities of mortgagees and appraisers in reporting sales concessions and verification of sales data. FHA requires mortgagees to provide appraisers with all financing data and sales concessions for properties to be security for an FHA-insured loan. Appraisers are required to identify and report sales concessions and properly address and/or adjust the comparable sale transactions to account for sales concessions in the appraisal of all properties to be security for an FHA-insured loan. Sales concessions influence the price paid for real estate. Sales concessions may be in the form of loan discount points, loan origination fees, interest rate buy downs, closing cost assistance, payment of condominium fees, builder incentives, down payment assistance, monetary gifts or personal property given by the seller or any other party involved in the transaction. The Department of Housing and Urban Development's Handbook 4150.2, "Valuation Analysis for Home Mortgage Insurance for Single Family One-to Four- Unit Dwellings", Chapter 4, provides appraisal instructions. This Mortgagee Letter reiterates and further clarifies that guidance.
Mortgagee Requirements
•1. On any real estate purchase transaction, the mortgagee must provide the appraiser with a complete copy of the ratified sales contract, including all addenda, for the subject property that is to be appraised.
•2. The mortgagee must provide the appraiser with all financing data and sales concessions for the subject property granted by anyone associated with the transaction. Sales concession information must include gifts and/or down payment assistance, which may or may not be included in the contract of sale.
•3. If the mortgagee requests a reconsideration of value, the appraiser must be provided with any amendments to the contract that occurred after the effective date of the appraisal.
•4. In accordance with HUD Handbook 4155.1 Rev-5, "Mortgage Credit Analysis for Mortgage Insurance, One to Four Family Properties", Chapter 1 section 2 (1-7A), contributions from sellers or other interested third parties to the transaction that exceed six (6) percent of the sales price or other financing concessions are to be treated as inducements to purchase, thereby reducing the amount of the mortgage. Each dollar exceeding the six percent limit must be subtracted from the property's sale price before applying the appropriate loan to value (LTV) ratio.
•5. The dollar-for-dollar reduction to the sales price also applies when gift funds do not meet FHA requirements. Acceptable sources of gift funds down payment assistance are outlined in HUD Handbook 4155.1 Rev-5, Chapter 2, section 3 (2-10C).
Appraiser/Appraisal Requirements
•1. The appraiser must report the total dollar amount of the loan charges and/or concessions to be paid by any party on behalf of the borrower and describe which party provided the concession in the Subject Section of the appraisal report. Use of an addendum with the heading "Loan Charges/Sales Concessions" may be required due to limited space provided in the appraisal reporting form.
•2. The appraiser must also verify all sales transactions for seller concessions and report those findings in the appraisal. If the sale cannot be verified with someone who has first-hand knowledge of the transaction (i.e., buyer, seller or one of their representatives), the appraiser must clearly state how the sale was verified and explain to what extent.
•3. In the Sales Comparison Analysis, Sales or Concession Section, the appraiser must report the type and the amount of sales or financing concessions for each comparable sale listed. If no concessions exist, the appraiser must note "none."
•4. The appraiser is required to make market-based adjustments to the comparable sales for any sales or financing concessions that may have affected the sales price. The adjustment for each comparable sale must reflect the difference between the sales price with the sales concessions and what the property would have sold for without the concessions. In the Sales Comparison Analysis, Sales or Financing Concessions Section, the appraiser must report the adjustment applicable to each comparable sale listed.
•5. The appraiser must provide an analysis of the current agreement of sale, contract, option or listing for the subject property and an analysis of all prior transfers of the subject property that occurred within three (3) years prior to the effective date of the appraisal. If the contract of sale for the subject property is not provided to the appraiser, the appraiser must report the steps or efforts taken to obtain the current agreement of sale.
•6. In the Sales Comparison Analysis, Sales or Financing Concessions Section, the appraiser must provide analysis of all prior transfers of the comparable sales that occurred within one (1) year prior to the effective date of the appraisal. If the data is unavailable, the appraiser must note what steps were taken during the normal course of business to obtain and report the information.
If you have any questions regarding this Mortgagee Letter, please contact your local Homeownership Center (HOC) in Atlanta (888) 696-4687, Denver (800) 543-9378, Philadelphia (800) 440-8647, or Santa Ana (888) 827-5605, (these are toll-free numbers).
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