Articles in Category: HUD Regulations

April 8, 2013

FHA Loan Answers: Applying For A Loan After A Short Sale

Home owners who need to ask about FHA loans after a short sale send us a good many of our most frequently asked questions. What do FHA loan rules say about borrowers trying to apply for a new FHA mortgage after a short sale transaction? According to HUD 4155.1 Chapter Four, “A borrower is not eligible for a new FHA-insured mortgage if he/she pursued a short sale agreement on his/her principal residence simply to • take advantage of declining market conditions, and • purchase a similar or superior property within a reasonable commuting distance at a reduced price as compared to current market value.” But that does NOT mean borrowers cannot apply for an FHA loan after a short sale–if you do not fit into the description above, and were | more...

April 5, 2013

Can A Family Have More Than One FHA Loan?

By Joe Wallace

A reader asks, “Is it true that married couple can only have one FHA loan?” The answer to this question depends on several different factors. What do the FHA loan rules say about having more than one FHA mortgage? If the married couple are obligated together on an FHA loan, there is generally no way to apply for a new FHA loan because of the residency requirement for the home purchased with an FHA mortgage. The rules in this area can be found in HUD 4155.1 Chapter Four, which says “To prevent circumvention of the restrictions on making FHA-insured mortgages to investors, FHA generally will not insure more than one principal residence mortgage for any borrower. FHA will not insure a mortgage if it is determined that the transaction was | more...

March 26, 2013

FHA Loan Questions: Down Payments On Homes Sold Between Family Members

By Joe Wallace

Sometimes an FHA loan transaction involves the sale of a home between family members. In such cases there are FHA loan rules that may apply depending on the circumstances. A reader asks, “If I buy a house from a relative is it true that I have to have 15% down payment for FHA loan?” A quick read of HUD 4155.1 Chapter 2 Section B reveals some special rules that apply in circumstances like these. This situation is known as an “identity of interest” transaction. The FHA defines “identity of interest” as, “a sale between parties with family or business relationships”. What do FHA loan rules say about such sales? “The maximum loan-to-value (LTV) factor for identity-of-interest transactions on principal residences is restricted to 85%.” That means that yes, the borrower | more...

March 25, 2013

FHA Loan Reader Questions: 401Ks in the Debt To Income Ratio?

By Joe Wallace

A reader asks, “My sister in law borrows some fund from her 401(k) to refinance her home. She certainly has to back the fund back to her 401(k). The lender says this monthly payment shall be counted when computing her Debt to Income Ratio. According to the FHA, the following list of financial obligations should not be used to calculate the debt to income ratio: Other retirement contributions, such as 401(k) accounts (including repayment of debt secured by these funds). I notice that this blog was written in year 2011. Do these rules still apply at present or have there been any changes so far? It’s true that the FHA has guidelines about how to view a 401K when it comes to calculating the debt-to-income ratio. According to HUD 4155.1: | more...

March 19, 2013

FHA Loan Answers: What Does Your Lender See On Your Credit Report?

By Joe Wallace

When you apply for an FHA guaranteed home loan, you’re required to list a variety of items on your application form including credit data. Your recent debts and other recurring financial obligations are required because the lender must determine your debt-to-income ratio. Some borrowers wonder if leaving items off the application means the lender won’t know about them. But it’s very important to know what the FHA requires and what the lender is responsible for checking when it comes to credit. Do you know what goes into your credit report and what the lender has access to when he or she is processing your application data? Many people don’t. Here’s what the FHA loan rulebook, HUD 4155.1 has to say about credit reporting data and what the lender is required | more...

March 11, 2013

FHA Loan Reader Questions: Closing The Deal

By Joe Wallace

A reader asks, “My mom applied for a FHA loan, went through the loan application and was approved. She signed with a builder and they built the house on her property. Two days before closing, the mortgage lending company informs her that she cannot close on her finished house, due to her not having a credit score when they re-ran her credit file.” “When she was approved she had a credit score. What can be done, her house is built on her property and yet to move in, meanwhile the builder has chose another lending company, and she to repeat whole process over, can the first lending company do this?” There’s no way to judge what has happened in a situation like this–there isn’t enough information AND there may be | more...

March 8, 2013

FHA Loan Answers: Using A Power of Attorney on FHA Mortgages

By Joe Wallace

Some borrowers are confused or have conflicting information about the ability to use a power of attorney on someone else’s behalf to initiate or continue the FHA mortgage loan application process. What are the FHA loan rules for this procedure? The FHA loan rulebook, HUD 4155.1, Chapter One, states the following: “The initial mortgage loan application may not be executed by using a power of attorney”. That would SEEM to be the FHA’s last word on the matter, but there are exceptions to this rule, which is where some of the confusion may occur. Please note that the rule states the INITIAL application may not be executed via power or attorney but does not necessarily prohibit one from being continued in such a manner. FHA loans do permit military members | more...

March 4, 2013

Sequester Deadline Passes: What Effect On FHA Loans?

By Joe Wallace

March 1, 2013 was the deadline for passing legislation that would ward off large, across-the-board government spending cuts known as the sequester; the country is now waiting for the effects of sequestration and many FHA borrowers or soon-to-be borrowers are rightly concerned about what might happen to their loan applications. But at the time of this writing, the FHA and HUD have issued no statements on the FHA official site warning of delays, cutbacks or other issues that might occur because of sequestration. In fact, the official site has been quite silent on the matter–leading many to believe that in spite of budget cuts in other areas, FHA mortgage loan processes may continue unaffected. One report from the National Association of Realtors official magazine, REALTORMag, agrees. An article titled, “FHA | more...

February 28, 2013

FHA Loan Requirements and Your Personal Data

By Joe Wallace

We sometimes get questions about certain practices required to verify and approve the information given on a borrowers FHA home loan application. Borrowers are rightly concerned about protecting their privacy and personal data; what do FHA loan rules say about lenders who ask for account numbers, Social Security information and other private information? FHA loan applicants should know that the FHA does require these types of personal data in order to properly verify and approve the loan. According to FHA loan rules as described in HUD4155.1: “The lender may ask the borrower to sign a general authorization form that gives the lender blanket authority to verify information needed to process the mortgage loan application, such as • past and present employment records • bank accounts and • stock holdings.” FHA | more...

February 27, 2013

Will Sequestration Affect FHA Home Loans?

By Joe Wallace

On March 1, 2013, unless lawmakers act to prevent the process known as sequestration, major budget cuts, furloughs and staffing changes will go into effect across a variety of government agencies. These cuts have the potential to be quite disruptive, and many wonder whether FHA home loans, refinance loans and other programs might be negatively affected. According to HUD Secretary Shaun Donovan, the answer is yes. Donovan’s February testimony before the Senate Committee on Appropriations included some revealing comments about sequestration and its impact on the FHA/HUD. “Sequestration would result in 75,000 fewer households receiving foreclosure prevention, pre-purchase, rental or other counseling though HUD housing counseling grants. This counseling is crucial for middle class and other families who have been harmed by the housing crisis from which we are still | more...