Articles in Category: HUD Regulations

August 3, 2016

FHA Loan Questions: Divorce, Refinancing

A reader asks, “My husband is a co-borrower on a 2nd mortgage or loan with his ex-wife. In the divorce decree, it stated that she was to have the loan refinanced so his name would no longer be on the loan. Its almost been a year, and she has been late several times.” Three weeks ago she moved out of county and allowed their ex-daughter-in-law to move it and make the payments. What steps should my husband take at this time?” FHA loan rules in HUD 4000.1 don’t specifically factor into a question like this, except where specific requirements of the new loan are concerned. The real issues here are legal ones, and for that, the reader will need to discuss the situation with a lawyer with expertise in divorce | more...

August 1, 2016

HUD Announces Settlement In Pennsylvania Housing Discrimination Case

By Joe Wallace

The Department of Housing and Urban Development has announced a settlement in a Pennsylvania housing discrimination case involving a loan applicant on maternity leave. According to the press release on the HUD official site, “…a Conciliation Agreement with Philadelphia-based Citizens Bank of Pennsylvania and Providence, Rhode Island-based Citizens Bank, collectively known as Citizens Bank, settling allegations that the bank violated the Fair Housing Act when it told a female applicant that she would need to return to work before her application for a home equity line of credit could be approved.” Fair Housing Act laws state that it is illegal to discriminate against borrowers, “in the terms, conditions, or privileges associated with the sale or rental of a dwelling on the basis of familial status”, which includes denying a mortgage | more...

July 26, 2016

FHA Loan Questions: Unpaid Tax Liens

By Joe Wallace

A reader asks, “I entered into an electronic direct withdrawal from my checking account repayment plan with with IRS for tax underpayment…after meeting with IRS, payment agreement request was approved. After the agreement was approved IRS filed a lien on the owed amount. I am not currently not a property owner, but I would like to buy a home in the next year.” “However the tax lien caused my credit score to drop to 649. I currently earn $92,000.00 from retirement income, and $40,000.00 from employment income. debt ration is where it should be. My question is can I ever qualify for FHA home loan, if the lien is not paid? Or (does) the lien (have) to be paid in full, along with a paid document submitted to all credit | more...

July 21, 2016

More About FHA Loans For Home With PACE Assessments

By Joe Wallace

Recently we wrote a blog post about FHA plans to allow qualifying homes with PACE assessments to be purchased with FHA mortgages. The FHA announced this recently in order to help promote energy efficiency (PACE stands for Property Assessed Clean Energy and may be assessed in a manner similar to property taxes.) The FHA issued a mortgagee letter explaining how and why a property with a PACE assessment may be eligible for an FHA mortgage. Past issues with PACE include being considered a “first lien” on the property. FHA loan rules explain how new guidelines can permit a home with PACE to be purchased with an FHA mortgage: “Properties which will remain encumbered with a PACE obligation may be eligible for FHA-insured mortgage financing, provided that the mortgagee determines that | more...

July 14, 2016

FHA Loans and Bankruptcy

By Joe Wallace

A Few Words About Bankruptcy from FHA.com on Vimeo. Some borrowers want to know how credit issues such as foreclosure, Chapter 7 bankruptcy, and Chapter 13 bankruptcy can affect their ability to get an FHA mortgage loan or refinance loan. While those who have been through such proceedings may have a better understanding of what happens to your credit, many who are facing the option of filing bankruptcy, going into loan default and foreclosure, or even doing a deed-in-lieu of foreclosure may not understand what’s at stake. The video above explains some basics about bankruptcy. But how does bankruptcy in particular affect your ability to get an FHA loan? Like foreclosure and deed-in-lieu, filing bankruptcy usually requires a mandatory “seasoning period” or waiting time between the bankruptcy and the new | more...

July 13, 2016

FHA Loan Appraisal Fees: What You Should Know

By Joe Wallace

The Appraisal Fee from FHA.com on Vimeo. FHA loans, like their conventional counterparts, have closing costs, fees, and expenses all borrowers will need to budget and save for. One such fee is the FHA appraisal fee. The video above helps explain the appraisal fee, but there are some common issues related to appraisals you should also keep in mind. One is that sometimes appraisals require corrections as a condition of loan approval. And that can require a follow-up known as a compliance inspection. Compliance inspections, where required, also come with a fee. This fee is for services rendered and must be paid regardless of the outcome. The same is true of your appraisal fee-the service provided by the professional is what the fee is for, so the outcome of the | more...

July 6, 2016

FHA Announces Changes To Distressed Note Sales Program

By Joe Wallace

The FHA has announced changes to its Distressed Assets Stabilization Plan that would “have purchasers of severely delinquent mortgages offer qualified borrowers principal reductions and protection from payment shock,” according to the official site. An FHA press release states, “Certain families with distressed mortgages insured by the Federal Housing Administration (FHA) may soon be eligible for a reduction of their outstanding loan amounts should their mortgages be sold through DASP” and steps are being taken to prevent blighted neighborhoods. “FHA’s latest enhancements prohibit investors from abandoning low-value properties in high-foreclosure neighborhoods to prevent blight. FHA is also offering greater opportunity for non-profit organizations, local governments and other governmental entities to participate in DASP. Loans are not eligible to be sold through DASP unless and until all FHA loss mitigation efforts | more...

June 30, 2016

HUD Publishes Early Findings From Home Buyer Literacy Study

By Joe Wallace

Financial literacy is an important part of being a well-informed home buyer. For those just starting out on the journey toward home ownership, there can be a great deal of learning to do; how FICO scores affect your ability to purchase a home, how open lines of credit can and often do factor into a lender’s decision to approve or deny a mortgage, etc. HUD launched a study to see how home buyer education and certain types of financial counseling might make a difference to house hunters. According to a recent press release at the HUD official site, “The U.S. Department of Housing and Urban Development (HUD) today published early findings from a rigorous, large-scale, random assignment study on the benefits that housing education and counseling provides to first-time homebuyers.” | more...

June 24, 2016

FHA Loan Questions: Co-Borrowers

By Joe Wallace

A reader asks, “My husband is a co burrower on his mothers mortgage loan and he has been asking her to remove his name from it but she hasnt. The mortgage has affected his credit and has made it hard to get a home of our own. Can his name be removed from the mortgage or is this something we need a lawyer for?” Before answering this question, let’s examine how the FHA defines the role of a co-borrower. Page 128 of HUD 4000.1 states: “To be eligible, all occupying and non-occupying Borrowers and co-Borrowers must take title to the Property in their own name or a Living Trust at settlement, be obligated on the Note or credit instrument, and sign all security instruments. In community property states, the Borrowers | more...

June 23, 2016

FHA Loan Questions: Self Employment

By Joe Wallace

A reader asks, “I am working on getting an FHA loan and my lender asks that I provide W2s. I am self employed via my own business as well as had a regular job how will this affect my loan being that i have no W2 and that my taxes were done via 1099 and 1040 forms for myself and my business?” In cases like these, the lender will require whatever tax documentation that is available to show proof of income. For self employed borrowers, the lender may also require additional documentation such as profit and loss statements, business plans, and other items that may be required. Lender standards will apply so FHA loan rules and minimums are only part of the equation. FHA loan rules in HUD 4000.1 do | more...