Articles in Category: HUD Regulations

October 11, 2016

Flood Zone Rules For FHA Loans

A reader asks, “Can you please state what the guides are for manufactured homes in a flood zone?” FHA loan rules for ANY type of property include the following guidelines for flood zones: “The Mortgagee must determine if a Property is located in a Special Flood Hazard Area (SFHA) as designated by the Federal Emergency Management Agency (FEMA). The Mortgagee must obtain flood zone determination services, independent of any assessment made by the Appraiser to cover the Life of the Loan Flood Certification.” Furthermore, FHA loan rules state that any type of property to be purchased with an FHA mortgage loan would not be eligible when the following circumstances apply: -a residential building and related improvements to the Property are located within SFHA Zone A, a Special Flood Zone Area | more...

October 11, 2016

FHA Appraisals: A Reader Question

By Joe Wallace

A reader asks, “If a person purchased a home with an FHA loan, and later found out that there were serious mold issues with the home that had been covered up with sheets of drywall and structural issues with a foundation which is collapsing and joists sagging due to not building to code.would there be any recourse for the owner of a home that now cant afford to do the necessary repairs to fix?” These are serious issues, and unfortunately there is no one set answer-much depends on the circumstances involved. There are several questions which can affect the answer including whether or not the borrower paid for a home inspection in addition to the FHA appraisal. The FHA official site warns borrowers in no uncertain terms that the FHA | more...

October 4, 2016

HUD Charges Manhattan Condo Owner With Fair Housing Act Violations

By Joe Wallace

When purchasing a condo unit with an FHA mortgage, borrowers may be subject to additional legal commitments associated with condo association agreements, which many condo purchasers must agree to as a condition of the purchase of their property. But sometimes the provisions of those agreements can, depending on how they are interpreted, run afoul of the Fair Housing Act. One such case came to light recently on the Department of Housing and Urban Development’s official site in a recent press release titled. According to HUDNo.16-151, “The U.S. Department of Housing and Urban Development (HUD) announced today it is charging a Manhattan property owner with violating the Fair Housing Act by discriminating against a resident with disabilities who required the use of an assistance animal.” Under the Fair Housing Act, those | more...

October 3, 2016

HUD Awards Millions To Promote Fair Housing

By Joe Wallace

Fair Housing laws affect house hunters and potential FHA loan applicants at all levels of their search for housing. Whether you are ready to fill out a loan application to purchase property, or need to rent an apartment as an interim solution while you search for a home, Fair Housing laws are there to protect borrowers from discrimination in the housing process. The Department of Housing and Urban Development has announced a $38 million initiative designed to help national and local agencies fight housing discrimination. The funding will support more than 100 agencies. “This year, HUD provided competitive funding under three notices to organizations that support a wide range of fair housing enforcement, education and outreach activities” says the press release HUDNo.16-150, which adds, “These grants allow the groups to | more...

What You Need To Know About Your FHA Home Loan

September 27, 2016

HUD Announces Settlement In Mississippi Fair Housing Complaint

By Joe Wallace

Zoning laws don’t come up much in our discussions about FHA mortgages, but when they do it’s usually about whether a property is eligible for an FHA loan because it is in a mixed-zoning area, or there is some zoning law concern that might affect the sale or purchase of a property. But recently zoning laws came up in a completely different way, as we learn from the FHA/HUD official site. The Department of Housing and Urban Development has announced a settlement in a Fair Housing case alleging that zoning laws were applied in a discriminatory fashion. According a press release at www.HUD.gov, “The U.S. Department of Housing and Urban Development (HUD) announced today an agreement with Ridgeland, Mississippi to resolve complaints the city violated the Fair Housing Act when | more...

September 26, 2016

Well Water And FHA Loans: Another Reader Question

By Joe Wallace

We’ve gotten a number of FHA loan questions lately about well water, and properties that are served by wells. It’s true that a home that is served by an individual well or a shared well can be approved for an FHA mortgage loan, but the well must meet FHA requirements. The latest reader question about wells and FHA mortgage loans asks: “Can a single family residence use a water tank to bring the flow test up? This is highly common in the area.” What the reader is asking about is covered-in part-by an FHA mortgage loan rule found in HUD 4000.1, on page 162. There are varying standards for wells depending on whether the well serves an individual home or is considered a “shared well” that services multiple properties. For | more...

September 26, 2016

Divorce and FHA Loans: A Reader Question

By Joe Wallace

A reader asks, “I am trying to qualify for an FHA Loan. I have been apart from my husband for over 13 yrs but not legally divorced. I am currently applying for an FHA Loan and DO NOT want him to be a part of anything Im doing and have FINALLY filed for divorce. House buying is a short sale and I need a fast approval.” “My divorce will take 3 months, I dont have the time! Do I qualify for any type of exception considering we have been apart for 13 years and the IRS has accepted me as an Innocent Spouse Relief and Separation of Liability and Equitable Relief?” This is a difficult question to answer for one important reason: state law is a determining factor in circumstances | more...

September 23, 2016

Well Water: FHA Loan Questions

By Joe Wallace

A reader asks, “FHA use to only require that these top items need to pass. Lead (first draw), Nitrate, Nitrite, Total Nitrate/Nitrite,Total Coliforms, Fecal Coliforms or E. Coli. Is this still true? I am hearing that a full water panel is required to be done, is this now true and if so,is FHA major focus still on the top items passing? Also what is required by FHA if one of these items fails?” This question is in reference to FHA requirements for properties that are served by wells. In general, the local health authority would set the standards, so the reader would need to consult with the local authority to get the answer to the first part of this question. Health standards, procedures, and requirements can and do vary from | more...

September 22, 2016

HUD Announces Final Rule For Equal Access

By Joe Wallace

The Department of Housing and Urban Development (HUD) has announced a new final rule that promises important protections for all Americans seeking housing, regardless of their sexual orientation or gender identity. According to a press release on the HUD official site, the new final rule is known as, “Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity“. The press release says the final rule affects everything from FHA mortgage loan programs to housing services and benefits. “Following what had previously been a practice encouraged by HUD, providers that operate single-sex projects using funds awarded through the Departments Office of Community Planning and Development (CPD) will now be required to provide all individuals, including transgender individuals and other individuals who do not identify with the sex | more...

September 22, 2016

FHA UFMIP: A Reader Question

By Joe Wallace

A reader asks, “I want to purchase at home for 141,000 and I am paying the 3.5 down payment which totals it 136,065. How much will I pay in Up Front mortgage and annually MIP. If I pay the UFMIP in closing will it still be added into to total amount loan?” Let’s begin with a few basics. UFMIP stands for Up Front Mortgage Insurance Premium, which is required as one of the closing costs of an FHA mortgage loan. According to HUD 4000.1, “Most FHA mortgage insurance programs require the payment of UFMIP, which may be financed into the Mortgage. The UFMIP is not considered when calculating the area-based Nationwide Mortgage Limits and LTV limits.” That last sentence means that your loan limit is unaffected by the amount of | more...