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Required Dates On FHA Amendatory Clause /Real Estate Certification
FHA has recently clarified the Required Dates On FHA Amendatory Clause /Real Estate Certification Disclosure.  Up until this clarification FHA Amendatory Clause Forms were signed by the Borrower(s) at the time of the Mortgage Applications.  The form was then forwarded to the Borrower's Realtor for his or her signature, and then forwarded to the Listing Agent and Seller(s) to sign.  This will not be the process going forward.
The new FHA Handbook 4000.1 states the Amendatory Clause Form must be executed and signed on or before the date of the Purchase & Sales (P&S).  This means:
One more document Realtors/Agents are going to have the Buyer(s) sign with the P&S, or Amened the P&S later with a new date, or The Loan Originator is going to have to commit fraud by having the Borrower(s) back date the FHA Amendatory Clause /Real Estate Certification Disclosure to the date the P&S was signed by the Borrower.
I would say option #3 will not be an option Loan Originators will be willing to do.  So Realtors/Agents will need to make sure they have the Borrower & Seller sign this form at the time the Purchase and Sales Contract is executed.
I case anyone is not familiar ... more

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