FHA Guidelines: HUD May Stop Your Loan From Closing | Mortgage

By CarlPruitt
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During the real estate boom of the last few years, a brand new problem began cropping up on a regular basis whenever a lender had to foreclose on a defaulted mortgage. Every Tom, Dick and Harry with no money and no credit, but ready access to late night television suddenly wanted to "flip" houses.

There is a very real market service being provided by legitimate investors who buy distressed property, restore it to market standards and sell it through an arm's length market transaction. Unfortunately, these investors flooding the market didn't quite fit that description. They would make an offer on a property having no possible way to finance it or to pay cash and then go in and sweep it up and mop a little before the closing. Simultaneously, they would find some sap who didn't really understand what was going on, agree to pay all their closing costs and down payment assistance, and get them qualified for an FHA loan. Next would follow a set of back to back closings where they would buy the property and sell it to the new buyer without ever having put up any money of their own. Often at double the price they paid originally!

These "sellers" would offer prospective purchasers such enormously easy terms in the middle of a seller's market that folks would be lining up fighting to see who could pay the highest price. After this practice had been rolling along for a few years, many of these new home owners started defaulting on their mortgages, thus forcing HUD to pay off the mortgages with money from the FHA insurance fund. The HUD homes advertised all over the place come from these foreclosures. When HUD tried to sell these houses, however, the trouble started. HUD found that the appraisals used to get these loans approved were seriously over inflated, causing huge losses when selling the properties. This endangered the entire FHA program.

This resulted in HUD implementing a new anti-flipping rule. If a property had changed owners within 90 days, this property was not eligible for any FHA financing. The goal was to make sure that only legitimate investors who were actually repairing the property and increasing the value would be able to use FHA financing to sell their property.

As is usually the case when HUD takes action, they created another problem with their solution. The new rule contained no exception for foreclosure homes being sold by the lender. This blocked out a huge group of buyers from the market and helped lower values even further. In 2006, HUD changed the anti-flipping rule to allow FHA financing on homes being sold by government sponsored enterprises and federally chartered institutions. The rule was left in place for all other sellers.

Here we are at the present. Subprime lending is dead. Foreclosure levels are setting new records every time they are announced. Many people are losing their homes. At least, though, many potential new first time home buyers can now take full advantage of these lower home prices since FHA interest rates are still low.

Smart real estate agents and mortgage originators who are up to date on guidelines release these nervous potential home owners out into the market. As they visit these foreclosed properties, they always ask whether the present owner is eligible for that financial institution exception. The lender's real estate agent will say honestly that this home is definitely still owned by the bank and the bank is an exempt institution. Everyone completes the negotiations and gets all the right signatures to put the buyer's mortgage in process. Everything is wonderful up to this point. As normally happens, the title examination results are faxed over to the processor and look fine at first glance. Then while double checking the details, the mortgage processor notices that the owner named on the title policy doesn't exactly match the contract. Very similar, but not an exact match. So a call is made to the attorney/title company's office and the processor finds out that now a subsidiary company of the foreclosing now owns the property. A fairly common practice lenders employ in managing their real estate owned portfolio.

These subsidiaries of the lenders often obtain title to the property many months after completion of the original foreclosure. The trouble is, they are not exempt from the anti flipping rule and have usually owned the property a month or less. No one in the lender's office, or the attorney's office every tried to mislead the buyer, but now that buyer who must move out of an apartment in a few days, must wait 60 more days to close on and move into their new house.

Mortgage originators, real estate agents and potential new home owners, whatever you do, please remember - this rule is there to protect you. Be sure that you go far above and beyond with questions about the ownership of the home before you put the dates on your sales contract. This isn't much of a problem if you ferret it out at the beginning and plan for it, but can be a devastating blow if it catches you unaware.

About the Author

FHA Broker Training and an expert understanding of FHA guidelines is necessary to avoid being left in the dust in the mortgage industry today. Mortgage originators will earn more profit and really help more borrowers by mastering FHA.

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