Articles in Category: HUD Regulations

September 20, 2016

Down Payment Rules For FHA Loans

FHA home loans differ from conventional mortgages in many ways, and one of those ways is that a lower down payment is required with FHA mortgages than for many conventional loans. A conventional mortgage may require a down payment of ten percent or more, depending on the borrower’s financial qualifications and other factors. But the FHA loan minimum down payment is (in most cases) 3.5% of the adjusted value of the property. But there are specific rules governing the down payment for mortgage loans, and FHA mortgages are no exception. The borrower’s “minimum required investment” or MRI (as HUD 4000.1 describes the down payment) must come from approved sources. Those sources can include a borrower’s own funds, gift funds that meet FHA requirements, cashed-out investments, proceeds from retirement accounts that | more...

September 16, 2016

HUD Announces Fair Housing Protections For Borrowers With Limited English Proficiency

By Joe Wallace

It’s known as “LEP” or “limited English proficiency, and has been an issue that directly affects legally binding agreements including home loans for as long as there have been such arrangements made in the United States. But now, LEP is being addressed directly through guidance from the Department of Housing and Urban Development, as described in a recent press release on the HUD official site. “The U.S. Department of Housing and Urban Development (HUD) today issued ‘Limited English Proficiency’ (LEP) guidance that addresses how the Fair Housing Act would apply to claims of housing discrimination brought by people because they do not speak, read, or write English proficiently. More than 25 million people in the United States do not communicate proficiently in English.” The Fair Housing Act makes it illegal | more...

September 14, 2016

HUD To Publish New Final Rule And Fair Housing Act Guidance

By Joe Wallace

The Department of Housing and Urban Development is set to publish a new final rule that, among other things, extends Fair Housing protections to victims of domestic violence and sexual harassment. According to a press release on the HUD official site, the agency is “formalizing legal standards under the Fair Housing Act for sexual and other forms of harassment in housing. In addition, HUD is issuing Fair Housing Act guidance on local nuisance ordinances that may lead to housing discrimination against survivors of domestic violence and other persons in need of emergency services.” These are important protections for those seeking FHA home loans (or any other type of mortgage) but also for renters, house hunters, etc. According to the press release, “HUDs final Harassment Rule is titled Quid Pro Quo | more...

September 9, 2016

HUD Announces Fair Housing Settlement With City Of Phoenix

By Joe Wallace

The Department of Housing and Urban Development has announced progress in a fair housing issue involving the city of Phoenix, Arizona. According to a press release on the FHA/HUD official site, “The U.S. Department of Housing and Urban Development (HUD) today announced today an agreement between the City of Phoenix, Arizona and two fair housing organizations resolving multiple complaints of housing discrimination. The Southwest Fair Housing Council (SFHC) and the Arizona Fair Housing Center (AFHC) alleged Phoenix violated the Fair Housing Act, Title VI of the Civil Rights Act of 1964, Section 504 of the Rehabilitation Act, and Title II of the Americans with Disabilities Act (ADA) in its administration of the City’s federally funded Housing Choice Voucher program.” The press release goes on to say that complaints filed by | more...

September 7, 2016

FHA Loan Rules For Residency: A Reader Question

By Joe Wallace

One not-so-commonly asked questions about FHA loans is still an important issue to address. Here’s a recent reader question on a borrower’s ability to be approved for an FHA mortgage without being a U.S. citizen: “Ive just moved to the US from the UK on a K-1 Fiance Visa. Ive been here around 5 months. Just received my work authorization card through the mail, waiting for my social security number now. Ive been working voluntarily since I arrived…would we qualify for an FHA Mortgage Loan? Ive contacted two lenders who have told us that we might be entitled to a loan but they’re unsure.” The short answer to this questions is that technically speaking, non-U.S. citizens are eligible for FHA home loans unless they are in the United States illegally. | more...

September 2, 2016

Foreclosure Avoidance on FHA Mortgages: The Trial Payment Plan

By Joe Wallace

The FHA recently announced changes to its policies designed to help those who purchased homes with FHA mortgages and have since fallen into financial trouble to avoid foreclosure. There are many government programs to help borrowers keep their homes in hard times including the Obama mortgage, and the FHA Home Affordable Modification Program or HAMP. If you have fallen behind on your mortgage payments on an FHA mortgage, the information here will be of special interest to you. Those who are under consideration for HAMP may learn they have to complete a trial payment plan before the HAMP modification can be finalized and approved. But what does this trial payment plan (also referred to as TPP) entail? The FHA announced modifications to the HAMP program this summer, and in FHA | more...

September 1, 2016

FHA Home Loans: General Rules

By Joe Wallace

FHA home loans are unique compared to conventional loans due to the lower down payment and more forgiving credit requirements. There are some basic rules governing FHA mortgage loans you should know about going into the process; keeping these in mind will save time and help you better prepare for the loan. One of the key issues for FHA mortgages is the location of the home. According to HUD 4000.1, “The Property must be located within the U.S., Puerto Rico, Guam, the Virgin Islands, the Commonwealth of the Northern Mariana Islands, or American Samoa.” That’s a very basic requirement, but FHA loan rules do get more specific from there. A property must be situated in a reasonable owner-friendly location. For example: “The Mortgagee must determine if a Property is located | more...

August 26, 2016

FHA Loan Rules: Post-Bankruptcy

By Joe Wallace

There are many questions about FHA loans and bankruptcy. Here’s an example of the kinds of questions we answer on a regular basis about becoming eligible once more for an FHA mortgage in the wake of a bankruptcy discharge: “My credit score is low and I will be discharged from bankruptcy coming this November. What can I do to raise my credit score and qualify for a FHA loan?” It’s very important for borrowers in this situation to know that FHA loan rules in HUD 4000.1 require a minimum waiting time (also known as a ‘seasoning period’) before a borrower can apply for an FHA mortgage. This waiting time begins at the time the bankruptcy is discharged, not from when it was initially filed. The waiting time depends on the | more...

August 25, 2016

FHA Loan Appraisal Rules: A Reader Question

By Joe Wallace

A reader asks, “I have been told by my realtor and the lender that an appraisal on a house I own will be on record for 180 days. They said that the appraised value will be on record and no other FHA appraisal can be made during this 180 day period. Is there a master list that other lenders and appraisers cross reference during this six month period? My reading of your blog indicates that if another FHA buyer makes an offer on my property. a different appraisal would need to be performed.” HUD 4000.1 does indeed contain language that leads one to believe that a new appraisal may be required. On page 120, we find the following: “The Mortgagee must order a new appraisal for each Mortgage or refinance | more...

FHA Loans And Natural Disasters: What You Should Know

August 23, 2016

FHA Loan Questions: Identity Of Interest

By Joe Wallace

A reader asks, “I am intending on purchasing a home from my boyfriend’s father. He bought the home for 70k and he is willing to sell it to me for 75k. We are in no way related. Is our relationship an identity of interest?” The “identity of interest” issue arises when a family member wants to sell a property to another family member who is using an FHA mortgage to buy the home. An identity of interest transaction can also be between two people who are business associates. HUD 4000.1 defines an identity of interest transaction as follows: “An Identity-of-Interest Transaction is a sale between parties with an existing Business Relationship or between Family Members. Business Relationship refers to an association between individuals or companies entered into for commercial purposes.” | more...