Articles in Category: HUD Regulations

February 15, 2013

Minnesota Condo Association Settles Housing Discrimination Complaint

A recent press release issued on the FHA/HUD official site announces a settlement in a housing discrimination case. According to HUDNo.13-026, “The U.S. Department of Housing and Urban Development (HUD) announced today that a homeowners association and property managers for an Edina, MN, condominium will pay more than $40,000 under a Consent Order resolving allegations that they refused to allow children under the age of 18 to live at the property in violation of the Fair Housing Act.” The release adds, “According to a condominium owner’s complaint filed with HUD, the condominium association told him and his wife that they were violating the association’s document by allowing their minor children to live with them for more than 30 days in a calendar year. In addition, the condominium association levied fines | more...

February 13, 2013

FHA Loan Rules: New Home Loans Following A Short Sale

By Joe Wallace

We get many questions about FHA home loans following bankruptcy, foreclosures, or short sales. The FHA loan rules for new loans following a short sale can be a bit complicated as much depends on the status of the original loan prior to the short sale. What does the FHA say about getting a new loan in the wake of such a transaction? The FHA addresses short sale issues in Chapter Four of HUD 4155.1. Section C states, “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.” | more...

February 12, 2013

New “Final Rule” On Housing Discrimination Standards

By Joe Wallace

The FHA and HUD have a new yardstick to measure housing discrimination and take appropriate action where needed, according to a recent press release issued by the Department of Housing and Urban Development. According to the press release HUDNo.13-022, HUD is “issuing a final rule to formalize the national standard for determining whether a housing practice violates the Fair Housing Act as the result of discriminatory effect.” “Through the issuance of this Rule,HUD is reaffirming its commitment to enforcing the Fair Housing Act in a consistent and uniform manner,” said HUD Secretary Shaun Donovan. “This will ensure the continued strength of one of the most important tools for exposing and ending housing discrimination.” As the press release states, HUD is “statutorily charged with the authority and responsibility for interpreting and | more...

February 6, 2013

FHA Loans After Foreclosure

By Joe Wallace

We get many reader questions in the comments section asking about how long a borrower must wait in order to be eligible for a new FHA home loan following foreclosure. We’ve answered this question many times quoting the rules and regulations found in the FHA loan rulebook, HUD 4155.1. Now the Federal Housing Commissioner, Carol Galante, has issued some guidance on the subject. While her words are directed toward “stakeholders” and not necessarily consumers in particular, she has an important message that borrowers need to be aware of when considering applying for an FHA loan in the wake of foreclosure proceedings. Galante says, “Recently, we have seen a proliferation of web-based and print advertising regarding the sup- posed ease of obtaining an FHA-insured loan following a foreclosure. Often, this advertising | more...

February 4, 2013

FHA To Increase Mortgage Insurance Premiums

By Joe Wallace

In the last week of January 2013, the FHA issued a statement announcing an increase in annual mortgage insurance premiums or MIP for its single family home loans. According to the FHA official site, “FHA will increase its annual mortgage insurance premium (MIP) for most new mortgages by 10 basis points or by 0.10 percent.” The FHA is also increasing the annual MIP for FHA Jumbo Loans, which are defined as mortgages at $625,500 or more, “by 5 basis points or 0.05 percent, to the maximum authorized annual mortgage insurance premium.” The FHA also says the increases mentioned here are excluding “certain streamline refinance transactions.” This change takes effect for FHA loans with case numbers assigned on or after April 1, 2013, with certain exceptions as granted by the FHA | more...

January 31, 2013

A Reader Question on FHA Minimum Property Requirements

By Joe Wallace

A reader asks, “Would a home that is missing just the cabinet doors in the kitchen qualify for FHA? It has the everything else, its just the doors that are missing.” From time to time we get questions like these that reference specific conditions in a home. Will X make my home ineligible for an FHA mortgage? Does Y disqualify the property? In answering these questions there are two important aspects to consider. One is whether or not a specific condition is described in FHA minimum property standards. Some are, but many more are not. For example, a home located in certain flood zones may not qualify for an FHA mortgage. A home with standing puddles of water in the basement or a leaky roof may require corrections or repairs | more...

January 30, 2013

New Hampshire Real Estate Agency Settles Housing Discrimination Case

By Joe Wallace

Those viewing FHA.gov will find a recent press release by HUD announcing a settlement in a New Hampshire housing discrimination case that many families looking for homes should definitely read. According to the press release HUDNo.13-009, Scott Walker and his company Premiere Real Estate, LLC, in Concord, New Hampshire, have agreed to pay $9,000, “to settle allegations that they refused to rent to families with children in violation of the Fair Housing Act.” The press release adds, “The days of ‘no children allowed’ are long over,” according to John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity. “For 25 years, the federal Fair Housing Act has guaranteed families with children the same rights to housing as those without children, and HUD will continue to take swift enforcement action | more...

January 22, 2013

U.S. Bank Settles Discrimination Claim

By Joe Wallace

A press release on the FHA/HUD official site announces a settlement in a disability discrimination claim brought by HUD against U.S. Bank. According to HUDNo.13-008, “Minnesota-based U.S. Bank National Association will pay $12,000 to a loan applicant with disabilities under a Conciliation Agreement settling allegations that the bank required him to provide unnecessary documentation to establish he would continue receiving disability income for three years before they would approve his mortgage loan.” As the press release states, the Fair Housing Act makes it an offense to discriminate “in the terms and conditions of a loan based on a person’s disability, including by imposing different loan application or qualification criteria.” According to the press release, a complaint was filed with HUD after U.S. Bank required a borrower to show proof that | more...

January 17, 2013

Virginia Beach-based Realty Company Settles Discrimination Case with FHA

By Joe Wallace

The FHA and HUD have issued a press release announcing the settlement of a housing discrimination case involving a company in Virginia Beach, VA. According to HUDNo.13-006, “Virginia Realty Company of Tidewater, Inc., a property management company based in Virginia Beach, VA, will pay $82,500 to settle allegations that it refused to allow a Hispanic woman to apply for an apartment because she did not speak fluent English. Virginia Realty had a policy of not renting to persons with limited English proficiency. The Fair Housing Act prohibits discrimination in the rental of housing on the basis of national origin.” The press release adds a quote by John Trasviña, HUD Assistant Secretary for Fair Housing and Equal Opportunity, who states, “Denying housing because a person does not speak English well violates | more...

January 4, 2013

Bank Of America Settles In FHA Sexual Orientation Discrimination Case

By Joe Wallace

A press release issued on January 2, 2013 announces a settlement between the Department of Housing and Urban Development and Bank of America regarding a discrimination case filed by the government. According to HUDNo.13-001, “The U.S. Department of Housing and Urban Development today announced an agreement with Bank of America (BOA) to settle a claim that the mortgage lender refused to provide financing to a lesbian couple. The agreement is the first enforcement action taken against a lender involving HUD’s recent rule ensuring that the Department’s core housing programs be open to all eligible persons, regardless of sexual orientation, gender identity, or marital status.” The case involves alleged violations of the HUD rule “Equal Access to Housing in HUD Programs Regardless of Sexual Orientation or Gender Identity” which prohibits lenders from | more...