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Friday, August 10, 2007

FHA – Credit History.

Written by:
Misty Nixon
NAMP Volunteer Writer

In my last writing we briefly touched on some of the credit issues you may come across while processing FHA loans. Did you know that collection agencies pull credit once the account has been bought from another agency? If you come across a borrower with several collections on their credit report, look to see if they appear to be duplicates. Chances are they have been sold recently to a new company. I do this by obtaining a credit supplement from your credit bureau. I ask them to update the account to its original inception date and delete any duplicate accounts. This way my underwriter will see that even though there has been recent activity on these collection accounts they are over 2 years old and will not be required to be paid off. FHA concentrates on what you have done in the recent 2 years. As we already know, medical collections do not count against your borrowers and do not need to be paid before closing. Some agencies charge per account to be updated and some charge a flat fee for up to 6 updates then it goes up, regardless what the fee is, you will be passing that fee onto the borrower at closing on the Settlement Statement along with the invoice from the credit bureau. You must have that in order to charge for it on the Settlement Statement also known as the HUD 1.

After I have narrowed down my collection items, I look to see if they have previously owned a home and had any mortgage payments that were late. If so, you would want to obtain a Verification of Mortgage from that company to verify if they are accurately reporting those late payments. If they are truly in fact late, you need to document why. Was it due to a divorce, a death in the family etc. You will need to include that in your detailed letter of explanation to go in the file. I actually had a customer who proved a rather large lending institution wrong. They misapplied 1 payment and caused him to have a rolling late payment for 12 months. That drastically dropped his score but he was able to document he was never late and was able to secure financing for his new home purchase.

If you find after reviewing your credit report and see that there just really aren’t any good open accounts you will want to obtain 3 alternate credit letters. This is where the customer has his electric company, insurance, phone or something of significance to write a credit reference letter for them showing how long they have had that account and that it has never been late. You want to sell the underwriter that this will not happen again and you had a very good reason for them.

You may find you have rather large collection items such as car repossession. It has been my experience one of my underwriters allowed my customer to make payment arrangements on that large debt and make 3 monthly payments on the account to prove they have every intention of paying the debt off. You cannot make 3 payments in one month. That does not serve as payment history. They would need to make 3 payments at the same time in 3 consecutive months. You will also need to obtain the payment arrangement agreement from the creditor stating the arrangements and document those payments have cleared the bank and include this in your detailed Letter of Explanation to the underwriter.

If all has failed and you are still not able to obtain approval for your borrower you can always get a co-signer. They would need to qualify for the mortgage on their credit, income, assets, etc. I’m doing one of those right now. This particular customer has 2 jobs but the underwriter would only allow me to use his primary job, as he did not have that 2nd job for 2 years in order to be counted as 2nd job income and he does not qualify for the loan due to this reason because he was initially approved with both incomes (we will talk more about that in the next issue). My customer fully documented how the company had been recruiting him and it was even in the same line of work. He was able to work Monday – Thursday on his primary job and Friday, Saturday and Sunday on his 2nd job. He was an IT Technician and in high demand but it did not matter because he did not have the two-year history of having 2 jobs. You can see know how the significance of a co-signer can help out a situation like this. The co-signer would need to sign all the documents at closing just as the primary borrower does. In some cases where the co-signer is located out of town such as mine was, I obtained and got approved a Power of Attorney for the sister who lived here.

One important thing in situations as these, once you have had a loan denied for income issues you will need to start all over again with your co-signer by re-submitting your loan and providing all the necessary disclosures and items for your co-signer as you did your primary borrower. It is basically a new loan even though the property address is still the same the parameters of the loan are completely different now.

In the next issue we will discuss income and self-employed borrowers and the importance of documenting work history, overtime, bonuses etc. When most borrowers are asked at application how much do you earn they don’t tell you that most of the income is from overtime and/or bonus income. These 2 items play a very important factor in calculating income. We will go over next issue.

**For FHA Training Classes Visit http://www.FHAtraining.org.

About the Writer. As one of NAMP's volunteer writers, Misty Nixon is currently a NAMP member in good standing. Feel free to email Misty at: misty@mortgageprocessor.org. Or, if you would like to become a volunteer writer for NAMP, please email us at: blog@mortgageprocessor.org.

Speculation and Misinformation About Prospective FHA Changes.

Written by:
Misty Nixon
NAMP Volunteer Writer

There is lots of speculation and misinformation about the prospective FHA changes in Congress right now. Here is an update you on the status of the FHA Legislation from our FHA consultants.

A. Latest News

The Senate Banking Committee had hoped to “mark up” the FHA Modernization Act of 2007 this week. Unfortunately, the mark-up was canceled yesterday and postponed until September because the Committee leadership could not reach agreement on the various provisions of the bill. While the postponement is disappointing, there are reasons for encouragement. They are:

· Senate Banking Chairman Dodd has demonstrated that he is very interested in FHA reform.
· The primary reasons for the postponement were procedural in nature and did not involve major policy differences.
· All of the major trade groups (MBA, NAHB and NAR) have made FHA a priority and there is no major opposition. (The MIs have accepted a deal on risk-based pricing that would preclude FHA from using borrower characteristics as a factor in the risk-based pricing of the insurance premium.)
· The delay provides more time to generate support for the bill and possibly better provisions (particularly on down payment).
· Unfortunately, continued deterioration of the housing market in general will put more pressure on the Congress to act this year and FHA legislation is one of the few options available that would expand homeownership opportunities.
· A delay instead of a mark-up with a purely party line vote offers hope that both sides are trying to work out a solution.

B. Highlights of the FHA Bill

Below are highlights of the legislation that the Senate Banking Committee was considering. The bill has not been introduced and, therefore does not have a bill number. It was expected to be a bi-partisan bill introduced by Chairman Dodd and Senator Martinez, former HUD Secretary.

· Higher mortgage limits

The mortgage limit increases are the same as the House passed. They are: 1) high cost areas – up to the GSE limits ($417,000) and 2) raise “floor” to 65% of the GSE limit (about $271,000).

For the two, three and four family units, the bill permits use of GSE calculation process.

· Lower and simpler down payment

The bill proposes a cash investment requirement of 1.5% of the appraised value or sales price whichever is less.

· Elimination of seller funded down payment assistance loans

The bill proposes to prohibit seller-funded down payment assistance program. As you may know, the House last week passed a provision last week effectively prohibiting FHA from publishing a final rule prohibiting seller funded down payment assistance loans. Neither provision can become law until the other body accepts it. These contradictory actions demonstrate the predicament with which FHA is confronted with respect to DPAs.

· Condominium mortgages

The legislation moves condominiums to Section 203 which effectively eliminates FHA’s condominium project approval in statute. It will enable FHA to have more flexibility in accepting condominium projects approved by Fannie Mae and Freddie Mac.

· Reverse mortgages

The bill eliminates the lifetime cap and replaces it with an annual cap of 150,000 mortgages per year. The bill also raises the mortgage limit to the GSE limit ($417,000). The bill also provides FHA with the authority to insure a reverse mortgage when it will be used to purchase a 1-4 family dwelling unit. However, the mortgage cannot exceed the one family mortgage limit.

C. Next Steps

There will be no legislative actions involving FHA until after Labor Day. At that time, the House must still pass its bill that includes the no down payment program and the Senate will have two steps - passage of a bill by the Senate Banking Committee and then passage by the full Senate. Finally, any differences in both bills will have to be resolved in a “Conference” involving leaders of the Banking/Financial Services Committees of the Senate and House respectively. Realistically, if agreement is reached, it is unlikely that a bill could be enacted until October at the earliest.

Bottom line: We are optimistic that FHA legislation can still be passed this year.

**For FHA Training Classes Visit http://www.FHAtraining.org.

About the Writer. As one of NAMP's volunteer writers, Misty Nixon is currently a NAMP member in good standing. Feel free to email Misty at: misty@mortgageprocessor.org. Or, if you would like to become a volunteer writer for NAMP, please email us at: blog@mortgageprocessor.org.