Articles in Category: HUD Regulations

November 19, 2015

FHA Loan Appraisal Standards: Environmental Concerns

We’ve been reviewing appraisal standards and minimum property requirements as listed in the new HUD single family FHA loan rulebook, HUD 4000.1. One important section concerns environmental standards for any home purchased with an FHA mortgage. In general the lender is responsible for insuring that homes purchased with FHA loans are, “free of all known environmental and safety hazards and adverse conditions that may affect the health and safety of the occupants, the Propertys ability to serve as collateral, and the structural soundness of the improvements.” The lender cannot approve homes for FHA mortgages, for example, when power lines cross over certain water-based features of the home such as swimming pools. The existence of high pressure gas pipelines may also be a problem depending on the nature and location of | more...

What you should know about FHA 203(h) Loans For Disaster Victims

November 18, 2015

FHA Appraisal Rules In HUD 4000.1: The Living Unit, Structural Conditions

By Joe Wallace

The FHA loan rules for minimum property standards in HUD 4000.1 include a section describing general requirements for “the living unit”. These instructions would be considered by the appraiser in addition to, but in replacement of, state and/or local building code. According to HUD 4000.1, “The Mortgagee must confirm that each living unit contains: –a continuing and sufficient supply of safe and potable water under adequate pressure and of appropriate quality for all household uses; –sanitary facilities and a safe method of sewage disposal. Every living unit must have at least one bathroom, which must include, at a minimum, a water closet, lavatory, and a bathtub or shower; –adequate space for healthful and comfortable living conditions; heating adequate for healthful and comfortable living conditions; –domestic hot water; and –electricity adequate | more...

November 12, 2015

The FHA Appraisal Process: Selecting The Appraiser and Appraisal Integrity

By Joe Wallace

HUD 4000.1, the new FHA single family home loan rulebook, has specific instructions to participating FHA lenders about the appraisal process. An appraisal is required as we learn from this line in Part II Section A of the rulebook: “The Mortgagee must order a new appraisal for each Mortgage or refinance case number assignment and may not reuse an appraisal that was performed under another case number, even if the prior appraisal is not yet more than 120 Days old.” The mortgagee, or participating lender, is required to insure the integrity of the appraisal process as follows: “Appraisers must comply with the Uniform Standards of Professional Appraisal Practice (USPAP), including the Competency Rule, when conducting appraisals of Properties intended as security for FHA-insured financing.” “In appraising any Property for the | more...

When Is An FHA Loan Better Than A Conventional Loan?

October 27, 2015

FHA HECM Loans And Mandatory Counseling

By Joe Wallace

FHA HECM loans–home equity conversion mortgages, sometimes known as “reverse mortgages”–come with a requirement for all borrowers to be obligated on the FHA HECM to go through HECM loan counseling. This is not a requirement for other types of FHA mortgages, which leads some to wonder why FHA HECMs have this feature. Why do the borrowers have to complete FHA required counseling sessions as a condition of the loan? There are many reasons. Since HECM loans feature no monthly payments, cash back to the borrower, and specific requirements for that cash back, counseling is necessary for the applicants to know exactly what they can and cannot get with their HECM loans. This FHA loan program has changed a great deal in the last two years, and the terms and | more...

October 21, 2015

FHA Loan Rules: Frequent Changes of Employment

By Joe Wallace

HUD 4000.1, the recently published Single Family Home Loan policy rule book, has either reprinted, revised, updated, or restated FHA loan policy for all single family home loan transactions. That’s why we’re examining some of the most important-to-the-borrower sections of the new rules–bringing you the latest FHA requirements so you can make informed decisions about your FHA loan or refinance loan. One area we get asked questions about on a regular basis is FHA loan policy toward borrowers who have recently changed jobs, or frequently change jobs due to the nature of their work. How do FHA loan rules address such issues? The answers, found in HUD 4000.1, Section II, Part A, include the following introductory statements about borrowers with frequent or recent job changes: “If the Borrower has changed | more...

October 21, 2015

FHA Loans, HUD 4000.1, and HUD/FHA Mortgagee Letters

By Joe Wallace

We’ve written a great deal lately about the new FHA Single Family Home Loan policy handbook, HUD 4000.1. Since this was launched, it became the comprehensive reference for FHA loan policy for single family mortgages, refinances, etc. The old FHA loan rulebooks including HUD 4155.1 and HUD 4155.2 are still discoverable on the Internet and on the FHA/HUD official site, but they are included there for reference only and should not be taken as current FHA single family loan policy. But even with that in mind, one FHA/HUD practice that was active under the era of the previous policies and handbooks still remains–the FHA and HUD are still updating single family home loan policy (and others as appropriate) with FHA Mortgagee Letters (ML). While the FHA/HUD did publish a list | more...

October 20, 2015

FHA Loan Rules: Self Employment Income

By Joe Wallace

Ever since the FHA and HUD published the new guidelines for single-family home loans, HUD 4000.1, we have been reviewing the new rules and discussing important issues as the new rules affect them. One of these areas has to do with income verification for credit-check-required FHA mortgages and refinance loans. The last time we discussed the FHA loan rules on income verification for self-employed borrowers, the old FHA loan rulebooks HUD 4155.1 and HUD 4155.2 were still in effect. What does HUD 4000.1, which supersedes all previous FHA loan rules for single family mortgage loans, have to say about borrowers who are self-employed? For a start, the FHA defines what it means by “self employment income”: “Self-Employment Income refers to income generated by a business in which the Borrower has | more...

Can I buy a manufactured home with an FHA loan?

October 19, 2015

Fair Housing Laws: Support Animals And Discrimination

By Joe Wallace

On the FHA/HUD official site this week there was a press release announcing HUD charges against New York City landlords for alleged discriminatory housing practices involving tenants with support animals. According to the press release HUDNo. 15-129, “The U.S. Department of Housing and Urban Development (HUD) announced today that it is charging the owners and landlords of a high-rise complex in New York City with violating the Fair Housing Act by refusing to allow a resident with disabilities to have an emotional support animal. HUDs charge alleges that Friedman Residence, LLC (formerly called the Aurora), Common Ground Management Corporation, and The Actors Fund of America refused to accept that the resident required a dog to cope with the symptoms of his disability.” The HUD press release adds that Fair Housing | more...

October 19, 2015

CFPB Updates Home Mortgage Disclosure Act

By Joe Wallace

Friday October 15, 2015, the Consumer Financial Protection Bureau (CFPB) announced it is updating mortgage loan regulations–specifically the Home Mortgage Disclosure Act (HDMA)–to make the home loan process more transparent and easier to understand. According to the to the CFPB official site, HMDA requires, “many financial institutions to collect, report, and disclose information about their mortgage activity. The original law was enacted by Congress 40 years ago to respond to concerns that some banks may be failing to serve their communities.” HMDA, the press release states, is a statute that provides “the public and policymakers with information about the mortgage market and ensures market transparency.” What does the HDMA do? According to the Consumer Financial Protection Bureau, it: –Helps to show whether lenders are serving the housing needs of their | more...

October 16, 2015

FHA Loan Income Questions: Commissions

By Joe Wallace

There are lots of questions about FHA loan income standards–especially where commission income is concerned. Here’s one of the latest reader questions from the comments section, asking about FHA loan income rules for commissions–the reader has a job that “… pays 60% income from salary and 40% from commissions now and am being recruited to another company same industry, same job title and scope of work but better pay. A slight increase in salary and commissions with the new company recruiting me, but same type of ratio 60% salary 40% commissions.” “I have been in the same job title for 2+ year now. Can FHA or an underwriter use my new income with new higher commissions at the new company for a loan? Or do I have to wait for | more...