FHA Guidelines: HUD May Stop Your Loan From 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.

Legitimate real estate investors who buy distressed houses, make repairs and then sell the property to new homeowners provide a very valuable function in the real estate market. Unfortunately, the late night TV watching “house flippers” didn’t quite serve this same purpose as well. While the market was booming, these budding Donald Trumps would make offers on homes even though they had no way to finance or pay for that home. While they waited for closing day, they would go out and find some uneducated mark and send them to their mortgage broker to qualify for an FHA loan to buy the house under contract. As soon as the potential homeowner was safely qualified, the investor would go in, mop the house up a little and set up back to back closings. They would purchase the property and sell it for much more at the same time without ever putting up any money of their own.

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 a few years ago, HUD implemented an “anti-flipping” rule. Any house that changed owners within the previous 90 days was absolutely ineligible to qualify for FHA financing. The purpose of this rule was to guarantee that homes were being sold by legitimate investors and real value was being added by the investor.

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.

Unfortunately, this subsidiary, which often receives title to the property months after the foreclosure, is not exempt from the “anti-flipping” rule and has only owned the property a month! Usually even the listing agent is unaware of this and no one at the lender’s office thought anything odd about it, but our eager new homeowner who has given 30 days notice on their apartment must now wait 60 more days before they can close on their new home.

Loan originators must take great care to warn real estate agents and borrowers, about this rule. Make certain that everyone goes into great detail asking questions about the chain of title on each home before setting any closing dates. This situation is fairly easy to deal with when caught early and planned for, but it will be absolutely devastating if this detail is overlooked.