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FHA Bans Seller-Financed Downpayment Assistance Programs

By
Services for Real Estate Pros with Financial Revitalize
The FHA is banning downpayment assistance programs such as Ameridream

Effective November 7, 2007, the Federal Housing Administration is expected to ban home buyers' use of most seller-financed Downpayment Assistance programs. The Nehemiah program has been granted an exception through March 31, 2008.

DPAs are (were?) very popular in FHA mortgage circles as a way to help buyers finance their new homes.

FHA loans currently require a downpayment of at least three percent on a home purchase.  That three percent, however, is not required to come from the buyer's own funds; it can come from a "gift" as long as the gifter is a family member or a non-profit organization. 

Downpayment assistance programs are the latter, incorporated as non-profit organizations.

Typically, DPA programs works like this:

  • Buyer makes an offer for a home
  • Seller accepts the offer
    Seller contributes the necessary three percent to non-profit organization
  • Non-profit organization "gifts" the three percent to the buyer while keeping a $500 service fee
  • Buyer buys home with three percent gift as downpayment

The main reason cited for the ban is that downpayment assistance programs push home sale prices three percent higher than they otherwise should be.  The extra three percent is not "home value" -- it's "help" and is repaid over time in the form of a higher loan amount.

One study cited by FHA and used to pass the ruling said that home buyers participating in downpayment assistance programs go delinquent with two times the frequency of home buyers that don't.

According to the Washington Post , there are more than 200 charities nationwide currently offering such programs.

William (BJ) Ersery III
The Nichols/Ersery Home Team - Lenexa, KS
#kcsingingrealtor

I'm not sure about you but I think this is government bureaucracy at its worst... what a knee jerk reaction!

BCD loans are going to foreclosure so lets do away with FHA/DPA!

The last thing we need is another loan product going away and more potential buyers signing leases!

Oct 03, 2007 09:24 AM
Ilyce N. Powell
Financial Revitalize - Baltimore, MD
CMPS- Certified Mortgage Planning Specialist
I'm with you , William. They should be looking for ways to help instead of hurt.
Oct 03, 2007 02:21 PM
Kris Krajecki
Kris Krajecki - FOX VALLEY MORTGAGE - Huntley, IL - Huntley, IL
Mortgage Broker Huntley, IL
sellers have been increasing the price to cover the allowable 6% concession as long as I've been doing FHA loans. Who do they think their kidding. Hasn't HUD ever heard of a sellers NET statement.

The fact is that any low/no downpayment program in a normal and/or declining market will put the buyers in a position that they must stay put in the house for awhile to develop equity. These buyers are looking to own a home for themselves and/or their families. They're not real estate investors. So it's okay.

The non profits are not dead yet!

Nehemiah is good till the end of March 2008, and both Nehemiah and Ameridream have filed suit against HUD. An injunction would be nice and a decision favoring the non profits is entirely possible

You know what Yogi would say:

It ain't over till it's over.

In his own way, that olde Yogi was a wise man.   

Oct 03, 2007 04:13 PM
Ilyce N. Powell
Financial Revitalize - Baltimore, MD
CMPS- Certified Mortgage Planning Specialist
Kris - The whole thing is ridiculous. I'll keep my fingers crossed for a favorable outcome.
Oct 04, 2007 02:59 AM
Jeff Belonger
Social Media - Infinity Home Mortgage Company, Inc - Cherry Hill, NJ
The FHA Expert - FHA Loans - FHA mortgages - USDA loans - VA Loans
Ilyce....   Not here to bash. But when writing these, we need to do our homework. As mentioned, Nehemiah can keep operating until March 31st, 2008.  I even did a blog on this giving details.  thanks
Oct 04, 2007 09:58 AM
Ilyce N. Powell
Financial Revitalize - Baltimore, MD
CMPS- Certified Mortgage Planning Specialist
No worries, Jeff. Thanks for your input. Post has been edited to include the update.
Oct 04, 2007 04:58 PM