FHA Short Seller + FHA Buyer = Restrictions

FHA has specific rules when it comes to purchasing a home that is in Pre-Foreclosure with a FHA mortgage on it.  FHA doesn’t make mortgage loans, they Insure them – and so as the Insuring Agency (kinda’ like a PMI company) they get to set the rules!  In those Pre-Foreclosure, Short Sale transactions, they set out what fees CAN be included from the Seller, and which fees can not.

Pre Foreclosure Seller Fees per FHA

The process for purchasing a FHA Short Sale is similar to other short sale situations in that the HUD-1 must have prior approval.

The item people need to realize, though, is that if the buyer is obtaining a FHA mortgage,  the Seller can only pay up to 1% of the Buyer’s First Mortgage Amount.

We don’t have that many of these cases in the Raleigh, Holly Springs, Cary, Apex area – but when we do, the buyer needs to remember that they will probably need a little more cash upfront for the purchase.

If you are considering a mortgage loan in North Carolina, and you want more details on FHA  Mortgage Loan Guidelines – please call Steve and Eleanor Thorne, FHA Mortgage Loan Specialists!  We have over 20 years of experience providing homebuyers with the BEST mortgage rates available!

FHA Refinance, A Streamlined Process in NC

Homeowner’s who currently have FHA mortgages might want to check with us to see if now is the right time to refinance. Fannie Mae and Freddie Mac are changing their guidelines at the beginning of April – and we believe all mortgage loans could be more expensive because of this.

Many of the people we talk to in NC with FHA refinance questions want to know how a Second Mortgage might change their ability to refinance. If you have a 2nd mortgage (or any junior liens like a Home Equity Loan HELOC) older than twelve months old then this would be considered a regular refinance and could not be done as a streamline refinance.  If you have a second mortgage or Equity Line that is LESS than 12 months old it still might not work as a Streamline,  and you need to call us with all of the details.

Some Key FHA streamline changes in the last 18 months in North Carolina:

  • Seasoning : The borrower must have made at least 6 months of mortgage payments at the time of application.  Most underwriters will not allow you to make the extra payments in advance, just to qualify for the streamline.
  • Payment History :

Less than 12 months – no lates allowed

Greater than 12 months – allowed one 30 days late in the 12 months, but no lates allowed in the last 3 months prior to the date of the new application.  This is really a trick question guys… because if you’ve been late in the last 12 months on your mortgage payments – it’s going to be TOUGH to qualify.  Please bring us ALL of the documentation you have showing why you missed the payments.

  • Net Tangible Benefit : North Carolina Lawmakers requires that the underwriter determine a net tangible benefit to the borrower. The NTB (net tangible benefit) must benefit the borrower by :

the reduction in the new mortgage payment to include taxes & homeowners

(or) refinancing from an adjustable rate (arm) to a fixed rate

With the NC FHA Streamline Refinance guidelines, the new mortgage payment must be 5 percent lower than the old payment. This is the requirement when going from a fixed rate mortgage loan to a fixed rate mortgage loan. There are different requirements when going from an arm to a fixed rate or from a fixed rate to an arm.

There are two kinds of FHA Streamline refinances available for those who qualify. For information how to calculate a FHA Streamline refinance with an appraisal and without an appraisal, click here.

FHA Streamline transactions for a borrower who wants to simply reduce their mortgage to fewer years (for instance going from a 30 year to a 15 year) no longer qualify. Those loans must be written as a regular, no cash-out refinance.

  • Maximum Combined loan to value : If you have a second mortgage or Home Equity Loan in place, the maximum combined loan to value, can’t exceed 125%.  Loan to value is the ratio between the total balances of your mortgages (so first and second mortgage balance) divided by the value.

To determine the value for streamlines with an appraisal, it’s determined by the new appraisal.

To determine the value for streamline refinances without an appraisal, we use the original appraised value.

Certifications & Verifications : North Carolina was the first state to have Preditory Lending rules… so while OTHER mortgage lenders could simply ASK you what you made – we must verify your income, and that you have a JOB at the time of closing.  If you will need to bring money to cover closing costs, we must verify and document that you have the cash to do this also. If you are going to get a gift for these costs, or if you are taking them out of a retirement or 401K account, we will need to document the source of the money, and that you actually receive it  (we have to provide a paper trail for the underwriter).

Remember that FHA made some pretty sweeping changes to it’s Mortgage Insurance Premiums last fall – so when you call, we are going to calculate how that is going to affect your new payment too!

If you are considering a refinance of your FHA mortgage in NC, or your considering a FHA refinance mortgage loan in Raleigh or Cary – please call Steve and Eleanor Thorne 919-649-5058 we know the guidelines, and we have the best rates available!

FHA Appraisal NC Changes Effective1/1/2010

FHA Announced this week that it will make some “proceedural” changes to the appraisal process at the beginning of the year.  They hope that the changes will, in some cases,

“help to expedite loan closing when a borrower decides to transfer their application to another lender during the transaction process.  The changes also ensure that lenders are not obtaining second appraisals solely for the purpose of getting a higher value or eliminating required repairs.”

When a borrower (who is in process) moves their FHA loan from one lender to another, the original lender is required to move the FHA Case number to the new lender.  At that time, most lenders will require a NEW appraisal.  FHA wants to discourage this, and says you can only order a 2nd appraisal under limited circumstances.

These circumstances include:

  • The DE Underwriter for the second lender found material defects with the original appraisal. 
  • The original appraiser is on the second lender’s exclusionary list. 
  •  The first lender failed to provide a copy of the appraisal in a timely
    manner, which causes potential harm to the borrower for events outside of the borrower’s control. These events include rate lock expiration, purchase contract deadlines and foreclosure proceedings.
  • In all cases the lender must document the loan file regarding the reason for the second appraisal and both copies of the appraisal reports must be retained in the case binder.

In addition to THESE changes – FHA also announced that they will be changing procedures for ordering FHA appraisals, which move them firmly closer to the HVCC ruling that Fannie and Freddie adopted earlier this year. 

 FHA will prohibit appraisals ordered by mortgage brokers or borrowers, in addition to the current restriction of real estate agents’ involvement in the appraisal order process.  Does this mean that a Broker can not order an appraisal?  No.  It simply means that they can not SPEAK to the appraiser, and it will be ordered on a rotation basis, OR ASSIGNED by the LENDER.  This process has worked POORLY for the consumer (IMHO) and I’m sad that FHA took this position.  But – these are the rules, and we will work with them!

If you are looking for a FHA Mortgage in Cary, considering a purchase in Raleigh, or refinance in Johnston County, call Steve and Eleanor Thorne!  We know all of the mortgage program details, and we have the LOWEST Mortgage Rates in NC!!

Tiered Pricing and FHA Loans

There are many many rules that define who many discount points we can charge, or how much money we can earn in commissions in North Carolina.  But FHA has ADDITIONAL rules regarding pricing.

FHA’s Tiered Pricing Rules  FHA’s Tiered Pricing Rules prohibit a lender from charging higher prices (discount points) for low balance loans than the lender charges for higher balance loans. A lender’s customary lending practices may not provide for a variation of more than two discount points (2.00%) charged on its FHA mortgages within a geographic area. In addition, any variation within two points must be based on actual variations in fees or costs to the lender to make the loan. Mortgagee Letter 1994-16 provides guidance to lenders with respect to tiered pricing rules. Additional guidance regarding pricing with respect to overages and yield spread premiums can be found in Mortgagee Letters 1994-43 and 2001-26.

If you are considering purchasing a home in Cary, NC with FHA financing, please contact Steve and Eleanor Thorne, we have the best rates!  919-649-5058

Let FHA Help You Relocate!

FHA allows folks to only have one FHA mortgage at a time, unless… you meet one of these 4 exceptions.

1. Relocations: FHA says that “if the borrower is relocating and re-establishing residency in another area not within reasonable commuting distance from the current principal residence.”
The employment can be voluntary, meaning that your employer does not need to mandate the relocation for you to qualify for this exception.

2.  If your Family Size Increases!: FHA says you can get another FHA loan (without paying the first one off) “if the number of legal dependents increases to the point that the present house no longer meets the family’s needs.”  A new appraisal will need to be ordered and the existing FHA mortgage must be below 70% of the appraised value.

3. Vacating a Jointly-Owned Property: If you are getting a divorce (for instance) and your spouse will continue to occupy the existing property that has an FHA mortgage on it – FHA says you can get another FHA loan.  Because of their common sense underwriting guidelines, this could be a big boost in a difficult situation! K

4. “Kiddie Condos”: Kiddie Condos are not just for children, and they are not limited to Condominiums – it’s just a term commonly used in the mortgage industry to describe a Non-Occupying Co-Borrower.  FHA says, “a non-occupying co-borrower on proeprty being purchased with an FHA-insured mortgage as a prncipal residence by other family members, may have a joint interest in that property as well as in a principal residence of their own with a FHA-insured mortgage).

    FHA prohibits investor loans of any kind – and these exceptions should not be used to aquire rental property.

    If you have questions about FHA loans contact Steve and Eleanor Thorne with Corporate Investors Mortgage Group!  Call us at 919-649-5058

    We’re Growing!

    NC FHA Expert is a blog site devoted to teaching homebuyers about various first time homebuying options and strategies.

    This blog is connected to STEVETHORNEONLINE.COM which is the official site for Steve and Eleanor Thorne, producing loan officers for Corporate Investors Mortgage Group, Inc.  Steve and Eleanor live in Cary, NC and have been involved in the real estate and mortgage business in North Carolina for over 20 years.

    They are currently expanding their online offerings through NC FHA Expert, SteveThorneOnline, Corporate Investors Mortgage Group and a site devoted to helping consumers improve their credit scores (ostentatiously so that they can purchase a home), How to Improve My Score.com.  As if all of THAT online material was not enough – you can also learn more about Eleanor at http://activerain.com/eleanor

    We hope you’ll stop back by one of our other sites, learn more about the homebuying process, and contact us for a pre-qualification.  It doesn’t cost a dime to dream – or to find out if you can purchase a home right now!  Call us today!

    Steve and Eleanor Thorne

    Corporate Investors Mortgage Group, Inc

    919-649-5058