Originating FHA Loans: Why HUD May Stop Your Loan Closing
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 “investors” would give the new purchaser such easy terms - even in a seller’s market - that prospective homeowners would be lining up around the block. The problem was that after this had been going on for several years, many of these new home owners started defaulting on their mortgages and HUD would be required to pay off the lenders from the FHA insurance fund. These are the HUD homes advertised in the weekend papers. The giant problem developed when HUD tried to sell these houses. Turns out the appraisals on the properties were ridiculously inflated, so HUD was taking huge losses when selling the properties. This put the entire FHA program in danger.
Thus several years ago, HUD implemented their “anti-flipping” rule. Now any house that had changed owners within the previous 90 days was absolutely ineligible for any FHA financing. The goal of this rule was to make sure that homes were being sold by legitimate investors who were taking the time to actually bring the property value up before selling it and making a killing.
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.
So now we are up to date. The subprime market has tanked. New foreclosure records are being set each month. Many thousands are losing their homes. At least there is hope. Many potential first time home buyers can now take advantage of this drop in home prices while FHA interest rates are down.
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.
Loan officers must be sure to warn real estate agents and potential new home owners, about this rule. Be sure that everyone goes far above and beyond the call of duty asking questions about the chain of title of the home before setting any dates on the sales contract. This situation doesn’t cause much difficulty if caught at the beginning and planned for, but can be absolutely devastating if this detail is missed.