Articles in Category: HUD Regulations

How much can I borrow with an FHA refinance loan?

January 20, 2017

FHA Updates PACE Policy

A new mortgagee letter updates FHA loan policy on properties bought with FHA loans that are “encumbered with a Property Assessed Clean Energy obligation”. Mortgagee Letter 2017-06 updates PACE policy starting with a reminder; “The terms and conditions of a PACE obligation may vary by state, local government, and PACE program. Generally, a PACE obligation is secured and collected in the same manner as a special assessment is treated by the local government; funds obligated are not paid directly by the Borrower to the party providing the PACE financing.” When the sale happens (including foreclosure sales), if a property has “outstanding PACE financing” the obligation will, according to the mortgagee letter, “continue with the property causing the new homeowner to be responsible for the payments on the outstanding PACE amount. | more...

January 18, 2017

Fair Housing Issues: Discrimination Against Children

By Joe Wallace

There are many reasons why we report on Fair Housing Act laws. Violations of Fair Housing laws don’t just directly affect the borrower who is trying to purchase a home; such violations can hurt renters who are in the planning stages of a home loan or those who are actively looking as renters who have relocated to a new job market, etc. Families with children looking to rent or buy with an FHA loan (or any other type of mortgage) may experience discrimination based on family status. One recent example discussed on the HUD home page makes it clear that people from all walks of life may experience this type of illegal discrimination. Consider a recent example in Wichita, Kansas, where credit history, payment status, or other financial qualifications were | more...

January 13, 2017

HUD Charges Bank of America With Housing Discrimination

By Joe Wallace

The HUD official site has announced that the agency is bringing charges of Fair Housing Act violations against Bank Of America in South Carolina. According to a press release, “The U.S. Department of Housing and Urban Development (HUD) announced today that it has charged Bank of America, N.A., and two of its employees with violating the Fair Housing Act by discriminating against prospective Hispanic mortgage borrowers in Charleston, South Carolina.” Federal Fair Housing laws make it illegal to discriminate against borrowers based on race, color, national origin, religion, sex, familial status, or disability. According to HUD press release HUDNo.17-004, “The National Fair Housing Alliance (NFHA) filed a complaint with HUD claiming the bank discriminated against prospective borrowers who are Hispanic by failing to provide them with information about loan products | more...

January 11, 2017

FHA MIP Rates For 2017: Revised

By Joe Wallace

The FHA/HUD official site has announced changes to the FHA MIP fee structure for 2017. According to the latest FHA mortgagee letter, “FHA continuously strives to achieve the appropriate balance between meeting the housing needs of the borrowers that FHA’s mortgage insurance programs were created to serve, and also the requirement of minimizing the level of risk to the Mutual Mortgage Insurance Fund undertaken relative to the insurance of those mortgages.” “FHA has determined that the appropriate balance of its statutory operational goals now requires a reduction of the rate of annual MIP charged pursuant to Section 203(c)(2)(B) of the National Housing Act (NHA). As provided in this ML, the total annual MIP charged pursuant to NHA sections 203(c)(2)(B) and (C) for most Title II Single Family forward mortgages has | more...

January 5, 2017

Fair Housing Complaints: A Reader Question

By Joe Wallace

The Fair Housing Act is a federal law designed to prevent discrimination in all phases of the housing process, whether buying or renting. A reader got in touch with us recently in the comments section to complain about a fair housing issue. “My Mom lives in low income housing and has been discriminated against due to her disability, HPHA not wanting to accommodate her by installing her AC or allowing her to install it herself due to her asthma and breathing problems doctor orders/note saying that she needs this to help with her disabilityshe is being wrongfully evicted, now homeless and is a victim of discrimination and violence against women act Due to HPHA and their property manager…” While there’s no specific question mentioned in this comment aside from, “can | more...

December 26, 2016

Happy Holidays!

By Joe Wallace

Happy Holidays 2016! The Monday AFTER December 25 might seem to be a strange time to make that statement, but today is the observed holiday since Christmas came over the weekend this year. Many banks are closed, the markets that affect mortgage rates aren’t operating to day, and we too observe the extended holiday weekend. We’ll resume our usual posting schedule on Tuesday including an updated look at mortgage rate trends. Thank you for reading!

December 23, 2016

FHA Loan Limits in 2017 Corrected

By Joe Wallace

FHA loan limits for 2017 were posted on the FHA/HUD official site recently, but the Federal Housing Administration has updated the original post with a correction. According to an FHA mortgagee letter, “Mortgagee Letter 16-20 set Federal Housing Administration forward mortgage limits for calendar year 2017, but indicated incorrect ceiling limits for Alaska, Hawaii, Guam, and the Virgin Islands, which are special exception areas which allow for higher construction costs.” That’s according to Mortgagee Letter 2016-25, which adds the “the correct forward mortgage limit ceiling for those special exception areas”. The Mortgagee Letter is quick to add that there are NO CHANGES for FHA loan limits, including those in the special exception areas. According to the new mortgagee letter: “While ML 16-20 referenced incorrect ceiling limits for the special exception | more...

December 20, 2016

Fair Housing Case Settlement In Nevada

By Joe Wallace

As the FHA/HUD official site says, “Disability is the most common basis of complaint filed with HUD and its partner agencies. Last year alone, HUD considered more than 4,500 disability-related complaints or nearly 55 percent of all fair housing complaints.” That is one reason why we report Fair Housing cases here-these complaints are not limited to rental markets, and even if they were, such discrimination affects a potential borrower’s house hunting prospects. If you are forced to relocate because of job or family issues and need to purchase a home while renting in the meantime, your entire experience may be affected negatively by housing discrimination. And sometimes the only way to stop continued illegal practices is for the injured party to file a report and have the matter investigated by | more...

December 12, 2016

Appraisal Issues: Wood Floors

By Joe Wallace

FHA appraisal topics have been very popular recently in our comments section. One reader asks, “I’m going to view a home that has a plywood floor in the basement. not sure if that will be acceptable by FHA guidelines. Is there somewhere I can access a list of what is unacceptable?” FHA appraisal requirements for forward and “reverse” mortgages (HECM loans) are found in HUD 4000.1, starting on Page 465. This handbook can be downloaded from the FHA official site at www.fha.gov. A quick scan of HUD 4000.1 doesn’t reveal a specific requirement for the nature or construction of wood flooring in basement areas, but that leads us to a very important point where issues like these are concerned. FHA appraisal rules are NOT the only guidelines that must be | more...

December 12, 2016

FHA Loan Appraisal Issues: Water and Septic

By Joe Wallace

A reader asks, “Im selling a house with a septic tank. The home was renovated and an addition was added, and the septic tank was opened, inspected, drainedor whatever they do to septic tanks. Since there was an addition, we had to get an inspection. A year ago the county ran sewers in the subdivision and now theres a place to connect mine if I decide to do so. But the water bills my neighbors who connected to the sewer get now are close to triple what mine are! Would FHA really make a loan contingent upon” (hooking up to the local utility)? There is no simple answer to questions like these because FHA requirements aren’t the only ones that need to be met; state and local ordinances, building codes, | more...