FALSE Info Flying Around About First Time Tax Credit as Down Payment

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Real Estate Technology with Content, coding, marketing, host.

UPDATE UPDATE UPDATE

JEFF BELONGER wrote a fantastically superlative piece on this subject today (5/14/2009) highlighting the issues which were brought to light yesterday and gives updates that a essential to all agents, members of the NAR and not. It's a MUST READ!

That is incorrect, sort of. The tax credit cannot directly be used as down payment.

Specific HUD approved agencies may loan the money to the buyers as a second lien to the buyer. HUD approved lenders, like my Novation Mortgage, may offer a bridge second with no lien against the property in anticipation of the return of the funds at the time of the dispensation of the tax credit.

PLEASE STOP THE BAD INFO.

The Tax Credit CANNOT BE USED AS DOWN PAYMENT. It is a LOAN against the tax credt.

As a lender you are making a huge challenge of "well my agent says" for me and us - using incorrect verbiage.

Thanks!

Ken

Here's the Mortgagee letter in case some do not have it:
http://www.hud.gov/offices/adm/hudclips/letters/mortgagee/files/09-15ml.doc

Read Section II starting on Page 2

 

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UPDATE: It was obvious to me on 5/13 (yesterday) the information from NAR being repeated by agents was incorrect. Today the information is completely changed. Just another boggle in a new administration that needs to be curtailed.

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I started writing on Active Rain in 2006 when I was representing the mortgage industry. I am no longer in that industry and many of the older posts contain outdated information. Please do not contact me for LENDING or MORTGAGE questions but rather contact a licensed mortgage professional from your area. I have always been in marketing and branding and that is still what I do. Thanks for reading!

Comments (25)

Ken Cook
Content, coding, marketing, host. - Marietta, GA
Content Marketer/Creator

Funny - from the amount of comments this one got (from a HUD lender) compared to the amount the others got (written by agents) I can tell we lenders are in for massive re-education of loan applicants in the very near future :)

May 13, 2009 06:37 AM
Pat & Wayne Harriman
Harriman Real Estate, LLC (203) 672-4499 - Wallingford, CT
Broker/Owners, Wallingford CT Real Estate

Ken, have you seen this?

http://memphisdailynews.com/editorial/Article.aspx?id=42421

Is this the first instance you've seen of someone actually putting this program into action?

May 13, 2009 11:59 AM
Ken Cook
Content, coding, marketing, host. - Marietta, GA
Content Marketer/Creator

Pat/Wayne - there have been a couple of other local organizations who were doing something similar but this is exactly what the HUD letter is about. Thanks for pointing this one out - you are much in tune!

May 13, 2009 03:48 PM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Ken... I am posting your link in several blogs and will be writing about this later. But I am getting sick and scared of a few featured blogs by realtors that are just piggy backing off the NAR or each others, as realtors... and putting misinformation out there. Even if not intentional, it's misinformation.  Just because NAR backed it, without specifics, and doesn't explain it correctly, is misinformation. I am seeing too many comments acting like this is better than sliced bread. thanks for writing about this, I was just too tired to write about it.

Jeff Belonger

May 13, 2009 04:05 PM
Lane Bailey
Century 21 Results Realty - Suwanee, GA
Realtor & Car Guy

I had to read it a couple of times myself.  The reports I was reading weren't very clear, but it makes more sense.

May 13, 2009 04:55 PM
Ryan Shaughnessy
PREA Signature Realty - www.preasignaturerealty.com - Saint Louis, MO
Broker/Attorney - Your Lafayette Square Real Estate Partner

The point of this post is absolutely correct.  If you are in Missouri, the MHDC already has a tax credit loan advance program.  The only thing that this does in Missouri is to allow other FHA lenders and FHA NFP to make the same bridge or advance loans as permitted under the existing MHDC loan program.  It expands the concept to other FHA lenders who don't participate in the MHDC loan program.  There is no Treasury check at closing. 

May 13, 2009 05:44 PM
Loreena and Michael Yeo
3:16 team REALTY ~ Locally-owned Prosper TX Real Estate Co. - Prosper, TX
Real Estate Agents

An advancement on a tax credit. Sounds like just as much work as filing paperwork to me.

Why dont we just file an amended tax return on 2008, and wait for the check to come?

For people who count on this money as a down payment, perhaps should rethink their timing to purchase?

Dont hit me.

May 14, 2009 12:56 AM
Ed Vogt
Midwest Properties of Michigan - Grandville, MI
Grandville, MI Midwest Properties

This is the information I was curious about - the bridge loan and how that would work.  Thanks for clarifying. 

May 14, 2009 01:11 AM
Ken Cook
Content, coding, marketing, host. - Marietta, GA
Content Marketer/Creator

Lorena - "Don't hit me." LOL - we don't hit people with common sense.

All - as you may now know the HUD letter has been rescinded and NAR has made announcements about being to quick on the draw. About 5000 real estate agents from Twitter, Facebook and AR need to do some back pedaling and I bet at least that many blog posts are having to be taken down today.

But I sure am glad I was right. Again :)

May 14, 2009 05:29 AM
Ken Cook
Content, coding, marketing, host. - Marietta, GA
Content Marketer/Creator

http://activerain.com/blogsview/1075899/using-first-time-homebuyer-tax-credits-for-the-downpayment-it-s-gone-the-story-of-the-8-000-tax-credit

UPDATE UPDATE UPDATE

JEFF BELONGER wrote a fantastically superlative piece on this subject today (5/14/2009) highlighting the issues which were brought to light yesterday and gives updates that a essential to all agents, members of the NAR and not. It's a MUST READ!

May 14, 2009 06:11 AM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Ken... first off, thank you very much for the polite mention. Hell, I want to know how you framed that and stuck it in your blog. But I also wanted to thank you to be one of the first to get this message out last night. I tried mustering this up yesterday afternoon, but I was busy, then tired later last night... and a tad lazy.  ;o)  But thanks for leading the charge, telling people that not every way could be used for the downpayment.

jeff belonger

May 14, 2009 06:40 AM
Steve Mattison
Canyon de Chelly National Mo, AZ
Vietnam Veteran

Ken, you and Jeff are a breath of fresh air in this murky smog-laden financial cloud we are searching through, I have been wondering about the sources of some of the stuff I have been seeing lately, thanks for clarifying they are not reliable as I suspected, some just want a headline to post to generate traffic it seems.

May 14, 2009 07:31 AM
Pam Dent
Gayle Harvey Real Estate, Inc. - Charlottesville, VA
REALTORĀ® - Charlottesville Virginia Homes / Horse
Thank goodness for Active Rain and the smart people on here like you and Jeff to keep us up to date. I was in a meeting today were they were telling us that these funds could be used as a downpayment. There are a lot of confused people out there right now.
May 14, 2009 03:06 PM
Ken Cook
Content, coding, marketing, host. - Marietta, GA
Content Marketer/Creator

Steve - kind of frightening isn't it how quickly bad information gets around at literally the speed od light?

Pam - it may not be as much smartness as self preservation! It is we lenders who ultimately have to address the facts - and we still will because the rumor is now alive. With as many FHA loans as we do I can almost guarantee that sometime in the next week to a month at least one applicant is going to tell us their agent told them they can use their tax credit as the down payment on an FHA loan. Then of course when we say that is incorrect the agent will tell them we're idiots and don't know what we're doing because "my lender can do it".

May 15, 2009 02:59 AM
Pat & Wayne Harriman
Harriman Real Estate, LLC (203) 672-4499 - Wallingford, CT
Broker/Owners, Wallingford CT Real Estate

This just out from NAR:

http://www.realtor.org/RMODaily.nsf/pages/News2009051801?OpenDocument&LID=RONav0019

Hopefully it's believeable...

May 19, 2009 03:00 AM
Mark Hall
Realty One Group Cascadia - Vancouver, WA
Homes for Sale Vancouver Washington

I found this through a link that Matt Stigliano posted.

Thank you for putting this down for the world to see. I am so tired of having the same conversation with clients about this subject. Why don't people understand that it is a "Tax Credit" and not a "Down payment assistance program?"

I bet the a lot of folks have been sucked in by this one.

May 19, 2009 07:27 AM
Pat & Wayne Harriman
Harriman Real Estate, LLC (203) 672-4499 - Wallingford, CT
Broker/Owners, Wallingford CT Real Estate

New news out from NAR:

http://budurl.com/s4vy

They did put a ne mortgagee letter up on the HUD site today (09-16), but 09-15 is still missing. Hopefully they'll put up the new one soon.

May 22, 2009 11:39 AM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Pat & Wayne... your comment even sounds misleading.  Your comment would leave me to believe that there is a solution now, or that HUD put a mortgagee letter up stating that the down payment can be used with the tax credit and or from other lenders through bridge loans.  The news from NAR says that HUD is working on something... in alll honesty, who cares, until there is a ML letter that states that this can take place. Secondly, so many are you don't understand. EVen if HUD comes out with this letter, that you won't have lenders jumping up and down, to supply the bridge loan. Which means it will have to come from the other sources. And the state sources?  There are many requirements, such as income restrictions, that will keep more people from using these programs.

Here are the two new mortgagee letters..

09-ML-17 Accuracy of Lender Data for FHA Approved Mortgagees
09-ML-16 Manufactured Housing Policy Guidance – Property and Underwriting Eligibility

jeff belonger

May 22, 2009 11:53 AM
Pat & Wayne Harriman
Harriman Real Estate, LLC (203) 672-4499 - Wallingford, CT
Broker/Owners, Wallingford CT Real Estate

Sorry Jeff, didn't mean to mislead anybody, just thought someone might be interested in what NAR/HUD had to say. I should have been clearer. I'll think twice before posting anything again.

May 22, 2009 01:15 PM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans

Pat or Wayne... sorry if it came across harsh, but by reading what you wrote and leaving a link, it almost sounded like HUD came out with a new ML letterabout the whole down payment/tax credit issue. Besides, I hate to assume and read into things... but let's break it down.

HUD puts a mortgagee letter out there about using a bridge loan to get monies as a down payment to take the place of the tax credit.  Now you have an article dated the 21st that says this...

{"The technical details are still being finalized and will soon be published in a mortgagee letter and posted on our Web site," Lemar Wooley, a HUD spokesperson, told REALTOR® magazine Wednesday afternoon.}

Being finalized?  Sorry, but what the hell was put out on the 12th then and then rescinded?  And what else could they possibly change in the new mortgage letter?  Ah, the typical gov't. Come on....  it's been 10 days now and still nothing. Sure, I bet they get something out there, but what the hell. 85% of that mortgagee letter is allowed by FHA anyhow...  so seriously, let's think about this. Why is it 10 days??? to add what?  And to actually put something out there and then decide to take it down?  All of this just doesn't make sense and you have people out there still writing about this, that HUD put a letter out there, that this can be done. What a mess...  thanks

jeff belonger

May 22, 2009 01:27 PM