FHA down payment update. This is important updated news!

By
Real Estate Broker/Owner with Steelbridge Realty LLC

Good Afternoon!

FHA down payment update.  This is important updated news!

 

Effective October 31, 2007,  HUD will prohibit the use or downpayment assistance programs that, in whole or in part, consists of funds provided by any of the following parties before, during, or after closing of the property sale: the seller, or any other person or entity that financially benefits from the transaction; or any third party or entity that is reimbursed directly or indirectly by the seller, or any other person or entity that financially benefits from the transaction.  All down payment seller assisted programs except for Nehemiah apply to this ruling.

Additional notice on effective date: The effective date of this rule is October 31, 2007 .  Therefore, in order for the HomeBuyer to use a gift that was derived from the seller, the HomeBuyer must have entered into a contract of sale (including any amendments to purchase price and said contract must be fully executed, i.e. offer and acceptance before that date.

Due to a settlement agreement entered into between the Nehemiah Progressive Housing Development Corporation and HUD in April 1998, resolving litigation between the two parties, the Nehemiah Program will be permitted until March 31, 2008.

Jeff Tumbarello
Union Savings Bank
jtumbarello@usavingsbank.com
614 849 2214

Comments (6)

Karen Cooper
Karen Cooper | Sr Retail Loan Originator ! NMLS # 223305 | 360 Mortgage Group LLC Austin Texas - Leander, TX
Helping Homeowners w/Home Loans in 27 US States
Thanks for the post, Jeff.  This won't be good news for the gentleman who was promoting their down payment assistance program on Active Rain, though. Wonder if his "earned income" "membership sale" will still be a loophole for this????
Oct 08, 2007 06:57 AM
Mary McCleskey & Michelle Gumeny
Assist-2-Sell, Home Buyers & Sellers Realty, Inc. - Acworth, GA
Thanks for this information!
Oct 08, 2007 06:57 AM
Sean Allen
International Financing Solutions - Fort Myers, FL
International Financing Solutions

HHHmmm, that's a bummer. I wonder why the change in policy, unless it is the result of an increase in foclosures.

Sean Allen

Oct 08, 2007 06:59 AM
Sherri Elliott
INTEGRITY TEAM - eXp Realty, LLC - Flower Mound, TX
Thanks for the UPDATE. Just got a contract FHA..but they are using Nehemia program. Love to find  out things beefore it is changed!
Oct 08, 2007 07:00 AM
Anonymous
lricardo

There are two lawsuits that I know about against HUD and the final implementation of this ruling.   There is excellent information at the AmeriDream website, www.ameridream.org; the website for The Association for Homeowners Across America (AHAA), www.ahaanow.org; and at Nehemiah's website, www.getdownpayment.com.    The AHAA site also has a "Take Action" space to contact Congreasional Leaders across the country about this action.    During the public comment period, over 15,000 people came out against the rule, as well as Congressional members and industry leaders.   I don't think that HUD will get away with this blatant disregard for public process.

Oct 08, 2007 07:59 AM
#5
Keith Perry
Coldwell Banker - Hiram, GA
REALTOR - West Metro Atlanta
Yes sad but true. Maybe HUD will have another meeting to see if they could throw another wrench in the works. Last year no one would care, practically no one was using FHA.
Oct 08, 2007 08:34 AM

What's the reason you're reporting this blog entry?

Are you sure you want to report this blog entry as spam?