The FHA 203(b) Loan Program - STM Partners
The FHA 203(b) Loan Program - STM Partners
The FHA 203(b) Loan Program - STM Partners
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In This Product<br />
Description<br />
Section 2.22 – <strong>The</strong> <strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong><br />
This product description contains the following topics.<br />
Overview ........................................................................................................... 2<br />
Features and Benefits ................................................................................ 2<br />
Product Summary ....................................................................................... 2<br />
Ineligible <strong>FHA</strong> <strong>Program</strong>s ............................................................................ 3<br />
Correspondent Lenders with DE (Direct Endorsement) Authority ............. 4<br />
Case Number Assignment and Cancellation ............................................. 5<br />
<strong>The</strong> SunTrust Government Sponsorship <strong>Program</strong> ..................................... 6<br />
HUD Handbooks & Mortgagee Information ................................................ 6<br />
Helpful Websites ........................................................................................ 7<br />
HUD Home Ownership Centers ................................................................. 7<br />
HUD Section of the Act and ADP Codes ................................................... 8<br />
Related Bulletins ............................................................................................... 9<br />
<strong>Loan</strong> Terms ..................................................................................................... 10<br />
<strong>Loan</strong> Term ................................................................................................ 11<br />
Maximum <strong>Loan</strong> Amount and LTV ............................................................. 11<br />
Transactions Affecting Maximum Mortgage Calculations ........................ 15<br />
<strong>FHA</strong> Jumbo ..................................................................................................... 20<br />
Eligible Transactions ....................................................................................... 24<br />
New Construction ............................................................................................ 26<br />
Ease-In Payment Reduction Feature .............................................................. 40<br />
Energy Efficient Mortgage (EEM) <strong>Program</strong> ..................................................... 43<br />
Refinances ...................................................................................................... 44<br />
Cash-Out Refinances ...................................................................................... 47<br />
No Cash-Out with an Appraisal (Rate and Term Refinances) ........................ 50<br />
Streamline Refinances .................................................................................... 52<br />
Secondary Financing ...................................................................................... 59<br />
Geographic Restrictions .................................................................................. 67<br />
Occupancy/Property Types ............................................................................. 68<br />
Eligible Borrowers ........................................................................................... 75<br />
Income ............................................................................................................. 82<br />
Liabilities and Qualifying Ratios ...................................................................... 99<br />
Credit Requirements ..................................................................................... 108<br />
<strong>FHA</strong> Social Security Number Validation ....................................................... 123<br />
Cash Requirements ...................................................................................... 125<br />
Contributions by Interested Parties ............................................................... 141<br />
HUD Allowable Closing Costs ....................................................................... 144<br />
Mortgage Insurance ...................................................................................... 147<br />
Appraisal Requirements ................................................................................ 155<br />
Prohibition of Property Flipping ..................................................................... 178<br />
Automated Underwriting Systems (AUS) ...................................................... 182<br />
Rate, Points & Lock-Ins ................................................................................. 196<br />
CRA Incentive and Verification............................................................... 196<br />
Application, Disclosures and Consumer Compliance ................................... 198<br />
Underwriting and <strong>Loan</strong> Submission .............................................................. <strong>203</strong><br />
Closing and <strong>Loan</strong> Settlement Documentation ............................................... 207<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 1 of 217<br />
Correspondent Seller Guide
Overview<br />
Features and<br />
Benefits<br />
Product<br />
Summary<br />
Features and benefits of the <strong>FHA</strong> mortgage include the following:<br />
Features Benefits<br />
Fixed Rate programs are available. Flexibility in accommodating a<br />
<strong>FHA</strong> fixed rate Jumbo loans are<br />
available.<br />
Seller can pay up to 6% of sales price<br />
toward closing costs, prepaids, and<br />
interest buydowns.<br />
Ratios of 31%/43% for loans requiring<br />
borrower’s needs or preferences.<br />
<strong>The</strong> surge in higher conforming loan<br />
amounts is a great opportunity to help<br />
make homeownership more affordable<br />
for the borrower.<br />
Borrower needs less cash for the<br />
transaction.<br />
traditional underwriting.<br />
More borrowers can qualify for an <strong>FHA</strong><br />
loan.<br />
100% gift allowed for down payment with Gift funds are considered as borrowers<br />
no money from buyer required.<br />
own funds to apply toward the required<br />
three and one half percent (3.50%)<br />
investment.<br />
AUS Underwriting is permitted on <strong>FHA</strong> AUS allows for less documentation and<br />
loans.<br />
easier borrower qualification.<br />
No reserves are required on 1-2 unit Borrowers need less cash to qualify.<br />
properties.<br />
100% <strong>FHA</strong> financing through Allows more borrowers to purchase<br />
<strong>FHA</strong>/SunTrust Approved Non-Profits. home without having established<br />
No income-limit restrictions in qualifying.<br />
savings.<br />
Borrowers are not limited to wages<br />
under a set amount for their area.<br />
Cash out refinances may be permitted Borrowers may use <strong>FHA</strong>’s easier<br />
up to an 85% LTV.<br />
qualifying guidelines with less equity<br />
remaining in their homes.<br />
Streamlined Refinances with and without<br />
appraisals.<br />
Less cost to borrowers.<br />
<strong>FHA</strong> loans are assumable by credit- More attractive for future resale if the<br />
qualified buyers.<br />
borrower plans to relocate or move up<br />
to a larger home in the future.<br />
General Information<br />
This product description describes SunTrust’s Federal Housing Administration’s<br />
(<strong>FHA</strong>’s) mortgage programs for Section <strong>203</strong>(b), basic 1-4 family, and 234<br />
Condominiums. <strong>The</strong> <strong>FHA</strong> <strong>203</strong>(b) and 234(c) mortgages are insured by the Department<br />
of Housing and Urban Development (HUD). This offers borrowers the opportunity to<br />
obtain a mortgage when they may not qualify under conventional guidelines.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 2 of 217<br />
Correspondent Seller Guide
Overview, Continued<br />
Product<br />
Summary,<br />
(continued)<br />
Ineligible <strong>FHA</strong><br />
<strong>Program</strong>s<br />
Reference: See Seller-Paid Interest Payment Reduction / Ease-In Payment<br />
Reduction Feature subsequently presented in this product description for additional<br />
information concerning the Seller Paid Interest Payment Reduction Feature.<br />
AUS Guidelines<br />
• Fannie Mae DU and Freddie Mac LP information can be found under the<br />
appropriate topic and subtopic when applicable. AUS System setup and<br />
processing is located in the AUS section of this product description.<br />
• If “Approve/Ineligible” or “Refer,” reduced documentation may be used if allowed<br />
by the findings report and approved by the D.E. Underwriter.<br />
Reference: See <strong>FHA</strong> TOTAL Scorecard in the topic AUS Issues for additional<br />
information.<br />
• <strong>FHA</strong> <strong>203</strong>(k) loans.<br />
• Energy Efficiency Mortgages (EEMs)<br />
• <strong>FHA</strong> Refinance <strong>Program</strong> for borrowers in negative equity positions.<br />
Notes:<br />
• <strong>The</strong> programs listed above are being evaluated by SunTrust, but have not been<br />
embraced.<br />
• This list may not be inclusive of all ineligible <strong>FHA</strong> programs (i.e., Section 248<br />
Indian Reservation and other Restricted Lands).<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 3 of 217<br />
Correspondent Seller Guide
Overview, Continued<br />
Correspondent<br />
Lenders with<br />
DE (Direct<br />
Endorsement)<br />
Authority<br />
• Correspondent lenders with full <strong>FHA</strong> Direct Endorsement Authority and <strong>FHA</strong><br />
Direct Endorsement underwriters on staff may sell <strong>FHA</strong> loans to SunTrust<br />
Mortgage, Inc. that are underwritten and closed in full compliance with <strong>FHA</strong><br />
regulations. SunTrust is not responsible for training correspondent lenders or<br />
providing HUD handbooks or Mortgagee letters.<br />
• Correspondent lenders are responsible for remitting the up-front MIP and for<br />
obtaining the MIC on each loan. Additionally, the correspondent lender is<br />
responsible for reviewing the MIC for accuracy. Any errors detected should be<br />
corrected and a new MIC issued BEFORE it is sent to SunTrust. SunTrust<br />
Mortgage, Inc. will enforce repurchase of <strong>FHA</strong> loans that do not have MIC.<br />
• SunTrust will verify through <strong>FHA</strong> Connection that the <strong>FHA</strong> loan has been<br />
submitted to HUD for MIC prior to purchase.<br />
• If <strong>FHA</strong> Connection reflects a receipt, SunTrust will purchase the loan.<br />
• If <strong>FHA</strong> Connection reflects a Notice of Return (NOR), SunTrust will not purchase<br />
the loan until the loan has been insured by HUD.<br />
Note: SunTrust may require evidence of the <strong>FHA</strong> Mortgage Insurance Certificate<br />
(MIC) prior to funding when government loans are received for purchase by<br />
SunTrust and/or has been pended at SunTrust, and it has been over 30 days from<br />
the date of closing.<br />
Reference: See Determining UFMIP in the topic Mortgage Insurance for additional<br />
information.<br />
• SunTrust will not purchase <strong>FHA</strong> Test Cases or loans considered “Test Cases,”<br />
where the lender is not yet approved for Direct Endorsement (D.E.) and is<br />
submitting cases to the HUD Homeownership Center (HOC) for issuance of a<br />
Firm Commitment.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 4 of 217<br />
Correspondent Seller Guide
Overview, Continued<br />
Case Number<br />
Assignment<br />
and<br />
Cancellation<br />
Requesting Case Numbers<br />
<strong>FHA</strong> Connection requires lenders to:<br />
• Certify, via a checkbox question, that they have an active loan application for the<br />
subject property.<br />
• Provide the borrower’s name and social security number for all new construction<br />
(i.e., under construction and existing construction less than one year old).<br />
Automatic Case Number Cancellation<br />
<strong>FHA</strong> Connection automatically cancels any uninsured case number where there has<br />
been no activity for six months since the last action except for:<br />
• <strong>Loan</strong>s where an appraisal update has been entered, and/or<br />
• <strong>Loan</strong>s that have received the UFMIP.<br />
Last action includes;<br />
• Case number assigned,<br />
• Appraisal information entered,<br />
• Firm commitment issued by <strong>FHA</strong>,<br />
• Insurance application received and subsequent updates, and<br />
• Notice of Return and resubmissions.<br />
Last action does not include updates to borrower names and/or property addresses.<br />
Case Number Reinstatement<br />
<strong>FHA</strong> will not reinstate any automatically cancelled case numbers, including case<br />
numbers for condominium units, unless:<br />
• <strong>The</strong> mortgagee provides verification that not reinstating the case number causes<br />
an undue hardship to the borrower that is not related to recent updates to<br />
premiums and underwriting requirements, or<br />
• <strong>The</strong> mortgagee provides verification that the subject loan closed prior to<br />
cancellation of the case numbers, such as a HUD-1 Settlement Statement.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 5 of 217<br />
Correspondent Seller Guide
Overview, Continued<br />
<strong>The</strong> SunTrust<br />
Government<br />
Sponsorship<br />
<strong>Program</strong><br />
HUD<br />
Handbooks &<br />
Mortgagee<br />
Information<br />
• Mortgagee Letter 2009-28, dated September 18, 2009, announced HUD’s new<br />
Appraiser Independence guidelines and dictates that sponsored Correspondent<br />
clients will not be able to order appraisals on case numbers assigned on or after<br />
January 1, 2010.<br />
• Due to SunTrust’s interpretation of HUD’s new guidelines relating to ordering<br />
appraisals, effective for <strong>FHA</strong> case numbers assigned on or after January 1,<br />
2010, SunTrust will not purchase <strong>FHA</strong> loans from <strong>FHA</strong> Government Sponsored<br />
clients.<br />
• It is the Correspondent lender’s responsibility to review the MIC for accuracy<br />
before submitting the loan to SunTrust for purchase.<br />
• All <strong>FHA</strong> loans MUST be insured within 60 days of loan closing.<br />
Note: See Determining UFMIP in the topic Mortgage Insurance for specific<br />
information on remittance of Up-Front MIP (UFMIP).<br />
This product description contains only a portion of HUD’s various lending Handbooks<br />
and Mortgagee Letters. It is the responsibility of the originating office to ensure that<br />
mortgages processed for <strong>203</strong>(b) and 234 loans meet HUD’s guidelines.<br />
Reference: See the following HUD Handbooks for further clarification or for complete<br />
guidelines:<br />
• 4000.2 REV-3 Mortgagees’ Handbook Application through Insurance (Single<br />
Family)<br />
• 4000.4 REV-1 Singly Family Direct Endorsement <strong>Program</strong><br />
• 4060.1 Rev 2 <strong>FHA</strong> Title II Mortgage Approval Handbook<br />
• 4135.1 REV-2 Procedures for Approval of Single Family Proposed Construction<br />
Applications in New Subdivisions<br />
• 4145.1 REV-2 Architectural Processing and Inspections for Home Mortgage<br />
Insurance<br />
• 4150.1 REV-1 and REV 2 Valuation Analysis for Home Mortgage Insurance for<br />
Single Family One-to-Four Unit Dwelling<br />
• 4155.1 REV-5 Mortgage Credit Analysis for Mortgage Insurance on One-to-Four-<br />
Family Properties<br />
• 4165.1 REV-1 Endorsement for Insurance for Home Mortgage <strong>Program</strong>s (Single<br />
Family)<br />
• Handbooks and Mortgagee Letters can also be obtained from HUD’s general web<br />
site, http://www.hud.gov/index.html.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Overview, Continued<br />
Helpful<br />
Websites<br />
HUD Home<br />
Ownership<br />
Centers<br />
<strong>The</strong> following list provides links to helpful HUD web sites.<br />
• Circular Letters, http://www.hud.gov/offices/hsg/sfh/hoc/hsghocs.cfm for each<br />
Homeownership Center<br />
• <strong>FHA</strong> Connection, http://www.hud.gov/offices/hsg/connect.cfm<br />
• Housing Keyword Index, http://www.hud.gov/offices/hsg/keywords.cfm, – This<br />
Index allows you to search HUD’s web site using "keywords." From this site you<br />
can also access the sites listed below.<br />
• Letter "A"-Atlanta Homeownership Center (lists addresses, phone numbers,<br />
etc.)<br />
• Letter "D"- Denver Homeownership Center (lists addresses, phone numbers,<br />
etc.)<br />
• Letter "P"- Philadelphia Homeownership Center (lists addresses, phone<br />
numbers, etc.)<br />
• Letter "S"- Santa Anna Homeownership Center (lists addresses, phone<br />
numbers, etc.)<br />
• Letter "M"- Mortgagee Letters<br />
• HUD Clips, http://www.hud.gov/offices/adm/hudclips (Handbooks & Forms)<br />
• HUD Web site, http://www.hud.gov/<br />
• <strong>FHA</strong>.gov<br />
• <strong>FHA</strong> Frequently Asked Questions (FAQ)<br />
http://www.hud.gov/faqs/faqbuying.cfm<br />
• HUD has consolidated the various local HUD Field Offices into four (4) Home<br />
Ownership Centers (HOCs). <strong>The</strong>se HOCs are responsible for the policies and<br />
procedures that lenders are responsible for applying to the origination,<br />
processing, underwriting, closing and insuring of <strong>FHA</strong> loans.<br />
• <strong>The</strong> following table shows states that are served by the HOCs:<br />
Atlanta, Georgia Philadelphia,<br />
Denver, Santa Ana,<br />
Pennsylvania<br />
Colorado California<br />
Alabama Connecticut Arkansas Alaska<br />
Florida Delaware Colorado Arizona<br />
Georgia District of Columbia Iowa California<br />
Illinois Maine Kansas Guam<br />
Indiana Maryland Louisiana Hawaii<br />
Kentucky Massachusetts Minnesota Idaho<br />
Mississippi Michigan Missouri Nevada<br />
North Carolina New Hampshire Montana Oregon<br />
Puerto Rico New Jersey Nebraska Washington<br />
South Carolina New York New Mexico<br />
Tennessee Ohio North Dakota<br />
Virgin Islands Pennsylvania Oklahoma<br />
Rhode Island South Dakota<br />
Vermont Texas<br />
Virginia Utah<br />
West Virginia Wisconsin<br />
Wyoming<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 7 of 217<br />
Correspondent Seller Guide
Overview, Continued<br />
HUD Home<br />
Ownership<br />
Centers,<br />
(continued)<br />
HUD Section of<br />
the Act and<br />
ADP Codes<br />
• All communication from the HOCs can be accessed through the Internet.<br />
Reference: See the subtopic “Helpful Web Sites” within this topic for internet<br />
links to individual HOCs.<br />
• <strong>The</strong> information provided in this product description MAY NOT include all HOC<br />
policies that may vary from standard <strong>FHA</strong> guidelines. It is the Correspondent<br />
Lender’s responsibility to determine the guidelines specific to their location.<br />
<strong>The</strong> table below provides the HUD codes for the Section of the Act and the applicable<br />
ADP code for each product.<br />
Section of<br />
the Act<br />
Description ADP Code for DE<br />
<strong>203</strong>(b) Basic Home Mortgage Insurance 703<br />
<strong>203</strong>(b) Interest Rate Buydown 796<br />
<strong>203</strong>(b) Condominium 734<br />
<strong>203</strong>(b) Condominium Interest Rate Buydown 797<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 8 of 217<br />
Correspondent Seller Guide
Related Bulletins<br />
General Related bulletins are provided below in PDF format. To view the list of published<br />
bulletins, select the applicable year below.<br />
• 2012<br />
• 2011<br />
• 2010<br />
• 2009<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 9 of 217<br />
Correspondent Seller Guide
<strong>Loan</strong> Terms<br />
Assumptions <strong>Loan</strong> Origination Dates<br />
A loan that is financed by HUD may be assumed provided it meets HUD’s<br />
requirements. <strong>The</strong> primary consideration for assumptions is the date of the original<br />
<strong>FHA</strong> loan. If the original loan was originated:<br />
• on or after December 15, 1989 the following guidelines must be met:<br />
• any person assuming an <strong>FHA</strong> insured mortgage must be found creditworthy<br />
by HUD or a DE lender,<br />
• the credit worthiness review requirement extends for the life of the mortgage.<br />
• the assumptor must be an owner occupant, and<br />
• private investors are prohibited from assuming insured mortgages that are<br />
subject to the restrictions of the 1989 Act.<br />
• between December 1, 1986 through December 15, 1989 the following guidelines<br />
must be met:<br />
• credit qualification is not required, unless the seller requests release of<br />
liability, and<br />
• seller can usually request release of liability if five (5) years have lapsed<br />
since the date of transfer (assumption), providing the assumptor has<br />
maintained a satisfactory payment history.<br />
• originated prior to December 1, 1986, HUD has no restrictions.<br />
Second Homes<br />
• HUD conditional commitments issued on or after February 5, 1988 but before<br />
January 27, 1991 must bring the outstanding mortgage down to 85% LTV.<br />
• Commitments issued after January 27, 1991 may not be assumed as second<br />
homes, except under the hardship provisions.<br />
• <strong>The</strong> original appraised value or current appraised value may be used to<br />
determine LTV.<br />
Investment Property<br />
• An investor that assumes a high ratio mortgage originated by an owner-occupant<br />
pursuant to a HUD Conditional Commitment (or VA CRV), or an appraisal signed<br />
by a DE underwriter on or after February 5, 1988 but prior to December 15,<br />
1989, must bring the outstanding mortgage balance down to a 75% LTV ratio if<br />
the borrower wants to be released from personal liability on the mortgage note.<br />
• <strong>The</strong> original appraised value or current appraised value may be used to<br />
determine LTV.<br />
• Commitments issued after December 15, 1989 may not be assumed as<br />
investment property except under certain conditions.<br />
Release From Liability<br />
<strong>The</strong> lender is required to release all parties from liability when the assuming<br />
borrower is found creditworthy. <strong>The</strong> following two (2) forms are utilized for an <strong>FHA</strong><br />
assumption:<br />
• Request for Credit Approval of Substitute Mortgagor (HUD form 92210), or<br />
similar form used by the lender, which does not formally release the original<br />
borrower from personal liability on the mortgage note, and.<br />
• Approval of Purchaser and Release of Seller (HUD form 92210.1), or other<br />
similar form used by the lender, which constitutes a formal release of liability.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
<strong>Loan</strong> Terms, Continued<br />
Assumptions,<br />
(continued)<br />
Secondary Financing<br />
<strong>The</strong> repayment terms must be clearly defined and included in the underwriting<br />
analysis.<br />
Cash Contributions<br />
• Cash contributions from the seller to facilitate an assumption are not acceptable.<br />
• <strong>The</strong> existing mortgage balance must be reduced by the amount of the<br />
contribution.<br />
• <strong>The</strong> seller, however, may pay the assumptor’s normal closing costs (processing<br />
fee and credit report) with no reduction to the mortgage.<br />
<strong>Loan</strong> Term Fixed Rate - 10, 15, 20, 25 or 30 years<br />
Maximum <strong>Loan</strong><br />
Amount and<br />
LTV<br />
General Information<br />
• Generally, the maximum insurable mortgage is the lesser of:<br />
• <strong>FHA</strong>’s statutory loan limit for the area (typically a county or<br />
metropolitan/micropolitan statistical areas (MSA), or<br />
• the applicable loan-to-value limit.<br />
• <strong>Loan</strong> amount limits vary by program, property location and the number of units<br />
within the dwelling. <strong>The</strong>y apply to both purchase transactions and refinances.<br />
• A percentage of the Fannie Mae/Freddie Mac maximum loan limits are used to<br />
establish the <strong>FHA</strong> loan limits.<br />
• <strong>FHA</strong>’s “floor” loan limits for 1-4 unit properties is based on 65% of the conforming<br />
loan limits as established by the Federal Government.<br />
2011 <strong>FHA</strong> Mortgage Limits<br />
Units Floor Limits Maximum Ceiling Limits<br />
1 Unit $271,050 $729,750<br />
2 Units $347,000 $934,200<br />
3 Units $419,425 $1,129,250<br />
4 Units $521,250 $1,403,400<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
<strong>Loan</strong> Terms, Continued<br />
Maximum <strong>Loan</strong><br />
Amount and<br />
LTV,<br />
(continued)<br />
• <strong>FHA</strong> uses its own data to set the maximum limit in each area. <strong>Loan</strong> amounts<br />
exceeding the “floor” limits are accepted for those counties where <strong>FHA</strong> has<br />
published higher loan limits.<br />
• A complete listing of <strong>FHA</strong> mortgage loan limits for all areas is available through<br />
the <strong>FHA</strong> mortgage limits page. Go to the HUD website on the Internet to<br />
determine the maximum loan amount allowed for the location of a specific<br />
property.<br />
Note: Use the chart below to determine what to choose from the dropdown<br />
labeled “Limit Year” on HUD’s website. <strong>The</strong> results of your search will determine<br />
the available maximum county loan limits.<br />
If the loan was<br />
locked...<br />
Before Jan. 19,<br />
2012<br />
On or After<br />
Jan. 19, 2012<br />
On or After<br />
Jan. 19, 2012<br />
...and the Case Number was<br />
assigned...<br />
...then choose the<br />
below “Limit Year” on<br />
HUD’s Website.<br />
Anytime Oct. 1, 2011 –<br />
Nov. 17, 2011<br />
Nov. 18, 2011 – Dec. 31, 2011 Nov. 18, 2011 –<br />
Dec. 31, 2011<br />
On or After Jan. 1, 2012 – CY2012<br />
Dec. 31, 2012<br />
• This <strong>FHA</strong> Mortgage Limits page allows you to look up the <strong>FHA</strong> mortgage limits for<br />
your area or several areas, and then list them by state, county, or Metropolitan<br />
Statistical Area<br />
Base <strong>Loan</strong><br />
• Maximum LTVs are determined using the “base” loan amount.<br />
• <strong>The</strong> “base” loan is the maximum loan amount prior to adding any financed<br />
mortgage insurance premium. <strong>The</strong> type of transaction will determine the<br />
calculation of the base loan amount.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 12 of 217<br />
Correspondent Seller Guide
<strong>Loan</strong> Terms, Continued<br />
Maximum <strong>Loan</strong><br />
Amount and<br />
LTV,<br />
(continued)<br />
<strong>The</strong> table below reflects the allowable LTV or other methods used in the maximum<br />
mortgage calculations.<br />
Occupancy Stage<br />
Construction<br />
of LTV / TLTV<br />
Purchases Owner<br />
Occupied<br />
Proposed and Existing 96.5% / 105%<br />
Owner<br />
Occupied<br />
*Second<br />
Homes<br />
Under Construction or<br />
Less than 1 Year<br />
90% / 105%<br />
Maximum financing allowed if Preapproved*<br />
*See “New Construction” for acceptable<br />
pre-approval documentation.<br />
85% 1 / 105%<br />
*Investment 75% / 105% - 1 Unit 1<br />
85% / 105% - 2 to 4 Units<br />
Notes:<br />
• Second Homes and Investment properties are eligible for <strong>FHA</strong> financing only under limited<br />
circumstances.<br />
• Refer to each subtopic within the Occupancy/Property Types topic for additional information before<br />
offering <strong>FHA</strong> financing for these property types.<br />
1 Condominiums in the State of Florida are not eligible.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 13 of 217<br />
Correspondent Seller Guide
<strong>Loan</strong> Terms, Continued<br />
Maximum <strong>Loan</strong><br />
Amount and<br />
LTV,<br />
(continued)<br />
Refinances 1 *<br />
<strong>The</strong> table below reflects the allowable LTV or other methods used in the maximum<br />
mortgage calculations.<br />
Credit Qualifying Streamline<br />
Refinances with an<br />
Appraisal<br />
Credit Qualifying Streamline<br />
Refinances without an<br />
Appraisal<br />
Rate/Term Refinance<br />
Transactions<br />
Cash Out Transactions<br />
Primary Residences<br />
<strong>STM</strong> to <strong>STM</strong> Transactions<br />
97.75% / 105%<br />
Non-<strong>STM</strong> to <strong>STM</strong> Transactions<br />
97.75% / 100%<br />
<strong>STM</strong> to <strong>STM</strong> Transactions<br />
97.75% / 105%<br />
Non-<strong>STM</strong> to <strong>STM</strong> Transactions.<br />
97.75% / 100%<br />
97.75% LTV / 97.75% TLTV<br />
85% LTV 2 / 85% TLTV 1 to 4 Unit properties<br />
1<br />
See the topic Refinances for further information<br />
2<br />
Other limitations may apply; see the subtopic Cash-Out Refinances in the topic Refinances for<br />
additional information.<br />
Minimum <strong>Loan</strong><br />
Amount<br />
None.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 14 of 217<br />
Correspondent Seller Guide
<strong>Loan</strong> Terms, Continued<br />
Transactions<br />
Affecting<br />
Maximum<br />
Mortgage<br />
Calculations<br />
Transactions that Affect Maximum Mortgage Calculations<br />
Various transaction types or relationships may affect the allowable LTV or other<br />
methods used in the maximum mortgage calculations.<br />
Identity of Interest Transactions<br />
• Identity of Interest Transactions are transactions between family members,<br />
business partners or other business affiliates. Identity-of-interest transactions<br />
are restricted to a maximum LTV of 85%. However, maximum financing above<br />
85% is permissible under the following circumstances:<br />
• family member purchasing another family member’s principal residence,<br />
• employee of builder purchasing home from builder,<br />
• current tenant purchasing home she has rented for at least six (6) months<br />
predating the sales contract, (with lease or other written evidence), and<br />
• sales by corporations purchasing an employee’s home and reselling to<br />
another employee.<br />
Notes:<br />
• For identity-of-interest transactions, a family member includes a child, parent,<br />
grandparent (biological, foster or step), sister, step-sister, brother, step-brother,<br />
legally adopted son or daughter, a child who is a member of the borrower’s<br />
household due to placement by an authorized agency for legal adoption, aunt, or<br />
uncle.<br />
• A full appraisal is required and must include verification of the purchase price,<br />
last sale date, and recent listing of the subject property regardless of the<br />
feedback provided in the AUS Messaging.<br />
Non-Occupying Co-Borrowers<br />
• Non Occupying Co-Borrowers are restricted to a maximum LTV of 75%.<br />
However, maximum financing above 75% is permissible under the following<br />
circumstances:<br />
• borrowers are related by blood, marriage, or law, or<br />
• unrelated individuals that can document evidence of a family-type,<br />
longstanding and substantial relationship not arising out of the loan<br />
transaction, and<br />
• the property is a one (1) unit dwelling.<br />
• Below are other requirements for a non-occupying co-borrower.<br />
• All borrowers, regardless of occupancy status, must sign the security<br />
instrument and the mortgage note.<br />
• If a parent is selling to a child, the parent cannot be the co-borrower with the<br />
child on the new mortgage, unless the LTV is 75% of less.<br />
• Non-occupant co-borrowers are not permitted on cash-out transactions.<br />
References:<br />
• See Maximum Number of <strong>FHA</strong> <strong>Loan</strong>s per Borrower subsequently presented in<br />
this topic for additional information.<br />
• See the topic Eligible Borrowers for additional information.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 15 of 217<br />
Correspondent Seller Guide
<strong>Loan</strong> Terms, Continued<br />
Transactions<br />
Affecting<br />
Maximum<br />
Mortgage<br />
Calculations,<br />
(continued)<br />
Three and Four Unit Properties<br />
• Maximum mortgage is limited so that the ratio of the monthly mortgage payment<br />
(PITI plus Homeowners association dues, if applicable) divided by the monthly<br />
net rental income does not exceed 100%.<br />
• <strong>The</strong> monthly payment includes principal, interest, taxes, insurance, monthly<br />
mortgage insurance, and homeowner’s association dues computed at the note<br />
rate.<br />
• No considerations for buydowns may be given.<br />
• Net rental is the appraiser’s estimate of fair market rent from all units, including<br />
the unit the borrower will occupy, less the <strong>FHA</strong> allowance for vacancies and<br />
maintenance (or 25% if the local <strong>FHA</strong> has not established a separate allowance).<br />
• <strong>The</strong> projected rent may be considered only as gross income for qualifying<br />
purposes, and not used to offset the monthly mortgage payment.<br />
• Three (3) months reserves (PITI) after closing are required on all transactions.<br />
<strong>The</strong> LTV/TLTV may not exceed 85% on a cash-out refinance.<br />
Building On Own Land<br />
• Maximum financing is available if the borrower receives no cash from the<br />
settlement. LTV limits are applied to the lesser of:<br />
• the appraised value or<br />
• the documented acquisition cost, which includes the following:<br />
• builder’s price, or the sum of all subcontractor’s bids, materials, etc.,<br />
• cost of the land (value may be used if land was owned more than 6 months<br />
or was received as an acceptable gift),<br />
• interest and costs from the construction loan obtained by the borrower to<br />
fund construction of the property, and<br />
• closing costs and reasonable discount points paid by the borrower.<br />
• Equity in the land may be used for the borrower’s entire down payment.<br />
• If the borrower receives cash at closing exceeding $250, the loan is limited to<br />
85% of the sum of the appraised value plus closing costs.<br />
Paying Off Land Contracts or Refinance Properties Subject to Ground Rent<br />
• If the borrower will use the loan to complete payment on a land contract, contract<br />
for deed, or other similar type financing arrangement where the borrower does<br />
not have title to the property, the new mortgage may be processed as either a<br />
purchase or a refinance transaction with maximum insured financing if the<br />
borrower receives no cash at closing.<br />
• if all loan proceeds are used to pay the outstanding balance on the land contract<br />
and eligible repairs, renovations, etc., the appropriate loan-to-value ratio is<br />
applied to the lesser of:<br />
• the appraised value, or<br />
• the total cost to acquire the property plus allowable closing costs and, if<br />
treated as a refinance, reasonable discount points.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
<strong>Loan</strong> Terms, Continued<br />
Transactions<br />
Affecting<br />
Maximum<br />
Mortgage<br />
Calculations,<br />
(continued)<br />
Paying Off Land Contracts, continued<br />
• Equity in the property may be used for the borrower’s entire down payment.<br />
• If the borrower receives cash at closing exceeding $500, the loan is limited to<br />
85% of the sum of the appraised value.<br />
• Treat cash-out refinances that pay off land contracts or refinance properties<br />
subject to ground rents in the same manner as cash-out refinance transactions<br />
on properties held in fee simple ownership.<br />
Occupancy of Former Investment Property<br />
<strong>The</strong> maximum mortgage amount available for borrowers who reoccupy their former<br />
investment property as their primary residence and wish to refinance are subject to<br />
the following restrictions:<br />
• If occupancy of the former investment property was 12 months or more prior to<br />
the loan application date, then maximum financing as an owner-occupant is<br />
allowed (97.75% for rate/term refinances; 85% for cash-out refinances)<br />
• If occupancy of the former investment property was less than 12 months prior to<br />
the loan application date, then the loan is eligible as a rate/term refinance only<br />
with a maximum LTV of 85%.<br />
HUD REO $100 Down Payment<br />
Reference: See the HUD REO Properties subtopic in the Occupancy/Property<br />
Types topic subsequently presented for additional information on the maximum<br />
mortgage amount and minimum down payment calculation.<br />
Additions to the Mortgage Amount<br />
• An increase in the maximum mortgage amount is permitted only when the<br />
appraised value exceeds the sales price; any remaining costs become part of<br />
the borrower’s settlement requirements.<br />
• <strong>The</strong> increase may not exceed HUD’s basic mortgage limits for the area where<br />
the property is located, except for solar energy systems.<br />
• Allowable additions to the mortgage amount are discussed under the headings<br />
below.<br />
• repairs and improvements,<br />
• energy-related weatherization items, and<br />
• solar energy systems.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
<strong>Loan</strong> Terms, Continued<br />
Minimum<br />
Downpayment<br />
Repairs and Improvements:<br />
• <strong>The</strong> table below provides the requirements necessary to add the amount of<br />
repairs and improvements in the loan amount.<br />
IF the… THEN the…<br />
• repairs are required by the appraiser<br />
and the value reflects these<br />
requirements,<br />
• repairs were not completed prior to<br />
the appraisal, and<br />
• sales contract or addendum<br />
identifies the borrower as<br />
responsible for paying for the repairs<br />
• amount that may be added to the<br />
sales price before calculating the<br />
maximum mortgage is the lowest of:<br />
• the amount the value of the<br />
property exceeds the sales<br />
price,<br />
• the appraiser’s estimate of<br />
repairs and improvements, or<br />
• the amount of the contractor’s<br />
bid, if available.<br />
Reference: See Section 1.05b: Reviewing Sales Contracts in the Correspondent<br />
Seller Guide for additional information.<br />
Energy-Related Weatherization Items<br />
If weatherization items are to be added to the property and paid for by the borrower,<br />
the cost may be added to both the sales price and the value before determining the<br />
maximum mortgage amount. Examples of weatherization items are shown below.<br />
• <strong>The</strong>rmostats<br />
• Insulation<br />
• Storm windows and doors<br />
• Weather stripping and caulking, etc.<br />
Solar Energy Systems<br />
<strong>The</strong> cost of the solar energy systems may be added directly to the mortgage amount<br />
(before adding the UFMIP) after applying the LTV ratio limits. Important facts to<br />
remember when considering adding the solar energy system are listed below.<br />
• <strong>The</strong> statutory mortgage limit for the area also may be exceeded by 20% to<br />
accommodate the cost of the system.<br />
• <strong>The</strong> amount that may be added to the mortgage is limited to the lesser of the<br />
solar energy systems replacement cost or its effect on the property’s market<br />
value.<br />
• Both active and passive solar systems are acceptable as are wind-driven<br />
systems. See HUD-Handbooks 4150.1 Rev-1 and 4930.2 for additional<br />
information.<br />
HUD’s Requirement<br />
• <strong>The</strong> minimum downpayment is three and one half percent (3.50%).<br />
• <strong>The</strong> minimum downpayment must come from the borrower’s own funds and may<br />
not include closing cost paid by the borrower.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
<strong>Loan</strong> Terms, Continued<br />
Maximum<br />
Number of <strong>FHA</strong><br />
<strong>Loan</strong>s per<br />
Borrower<br />
Maximum<br />
Number of<br />
Financed<br />
Properties and<br />
Borrower<br />
Exposure<br />
General Information<br />
<strong>FHA</strong> will generally not insure more than one mortgage per borrower. Circumstances<br />
in which a borrower may keep his current <strong>FHA</strong>-insured mortgage are provided below.<br />
Relocating<br />
<strong>The</strong> borrower is relocating and re-establishing residency to another area that is not<br />
within reasonable commuting distance from the current HUD insured home. <strong>The</strong>re is<br />
no need to reduce the principal balance or sell the current home. Other items of<br />
clarification are shown below.<br />
• <strong>The</strong> relocation need not be employer mandated.<br />
• If the borrower returns to an area where he/she owns a property with an <strong>FHA</strong><br />
Mortgage, it is not required that the borrower re-establish primary residency in that<br />
property in order to obtain another <strong>FHA</strong> mortgage.<br />
Family Size Increase<br />
<strong>The</strong> borrower’s family has increased in the number of legal dependents and the<br />
present home no longer meets the family needs and the following applies:<br />
• satisfactory evidence must be provided of the increase in dependents and an<br />
explanation of why the property no longer meets the family needs; and<br />
• the outstanding mortgage balance on the present home is paid down to a<br />
maximum LTV of 75% (excluding financed MIP).<br />
• a current residential appraisal must be used to determine LTV compliance.<br />
Note: Tax assessments, market analysis by real estate brokers, etc., are not<br />
acceptable to determine LTV.<br />
Co-Borrower for Family Member<br />
<strong>The</strong> borrower will be a non-occupying co-borrower on property being purchased as a<br />
primary residence by other family members, may have a joint interest in that property<br />
as well as his own primary residence, which is a <strong>FHA</strong>-insured mortgage too.<br />
Vacating a Jointly Owned Property<br />
<strong>The</strong> borrower is vacating a residence that will remain occupied by a co-mortgagor.<br />
Acceptable situations include following a divorce where the borrower is purchasing a<br />
new home or where the borrower is vacating the property.<br />
Reference: See the Maximum Number of Financed Properties and Borrower<br />
Exposure in Section 1.22: Maximum Number of Properties and Borrower Exposure<br />
in the Correspondent Seller Guide for guidelines.<br />
Prepayment <strong>The</strong>re is no prepayment penalty on <strong>FHA</strong> loans.<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
<strong>FHA</strong> Jumbo<br />
General • Only 30 year fixed rate mortgages are eligible.<br />
• <strong>The</strong> SunTrust <strong>FHA</strong> Jumbo <strong>Loan</strong> program Eligibility Checklist (COR 0331) is<br />
required on all <strong>FHA</strong> Jumbo <strong>Loan</strong>s.<br />
Jumbo<br />
Eligibility<br />
Maximum<br />
LTV/TLTV<br />
Minimum Credit<br />
Score<br />
Requirement<br />
for ALL<br />
Borrowers<br />
• <strong>The</strong> <strong>FHA</strong> Jumbo <strong>Loan</strong> <strong>Program</strong> code (F30JFX) must be used when the base loan<br />
amount meets or exceeds the loan amounts in the table below.<br />
If you have a: Jumbo <strong>Program</strong> Code begins at:<br />
1 Unit Property $417,001<br />
2 Unit Property $533,851<br />
3 Unit Property $645,301<br />
4 Unit Property $801,951<br />
• On Purchase Transactions, the maximum LTV/TLTV is 96.5%.<br />
• On Rate/Term Refinance transactions, the maximum LTV/TLTV is 97.75%.<br />
• On credit qualifying Streamline Refinance transactions, the maximum LTV/TLTV<br />
is:<br />
• 97.75% / 105% for <strong>STM</strong> to <strong>STM</strong> transactions, and<br />
• 97.75% / 100% for non-<strong>STM</strong> to <strong>STM</strong> transactions.<br />
• On Cash-Out Refinance transactions, the maximum LTV/TLTV is 85.00%.<br />
Note: Cash-out refinance transactions for properties located in the state of<br />
Florida are limited to an LTV/TLTV of 80.00%.<br />
• <strong>The</strong> minimum credit score is 680 for Purchase, Rate/Term Refinance, and<br />
Streamline Refinance transactions.<br />
• <strong>The</strong> minimum credit score is 700 for Cash-Out Refinance Transactions.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 20 of 217<br />
Correspondent Seller Guide
<strong>FHA</strong> Jumbo, Continued<br />
Underwriting<br />
Method<br />
Qualifying<br />
Ratios<br />
Non-Occupying<br />
Co-Borrowers<br />
and Co-Signers<br />
• All transactions are eligible for Traditional or Automated Underwriting through<br />
DU/DO and LP.<br />
• All Streamline Refinance transactions must be traditionally underwritten.<br />
Note: If a <strong>FHA</strong> streamline refinance is inadvertently submitted through DU the<br />
loan must still be manually underwritten.<br />
• Traditionally underwritten loans may not include any non-Traditional credit<br />
references.<br />
AUS Traditional<br />
• Maximum DTI 45.00% regardless<br />
of AUS findings.<br />
• Maximum ratios 31.00% / 43.00%<br />
• EEM/New Construction 33.00% /<br />
45.00%<br />
Note: Only Correspondent clients that<br />
have a Direct Endorsement<br />
underwriter on staff may underwrite<br />
and submit for purchase loan<br />
transactions involving the Energy<br />
Efficient Mortgage (EEM) loan program<br />
to SunTrust.<br />
• Non-Occupant Co-Borrowers and Co-Signers are not permitted.<br />
<strong>Loan</strong> Purpose • Purchase<br />
• Rate/Term Refinance<br />
• Credit Qualifying Streamline Refinances with and without an appraisal<br />
• Cash-Out Refinance<br />
• Max 85.00% LTV<br />
Maximum<br />
Number of<br />
Financed<br />
Properties<br />
Note: Cash-out refinance transactions for properties located in the state of<br />
Florida are limited to a LTV/TLTV of 80.00%.<br />
Reference: See the Maximum Number of Financed Properties and Borrower<br />
Exposure in Section 1.22: Maximum Number of Properties and Borrower Exposure<br />
in the Correspondent Seller Guide for guidelines.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 21 of 217<br />
Correspondent Seller Guide
<strong>FHA</strong> Jumbo, Continued<br />
Refinance<br />
Guidelines<br />
Payment<br />
History<br />
Minimum<br />
Downpayment<br />
Required from<br />
the Borrower<br />
• Six (6) months seasoning (i.e., six (6) permanent mortgage payments made) is<br />
required for the existing mortgage, and<br />
• A twelve (12) month mortgage and/or rental verification is required.<br />
First-Time Homebuyers (applies to AUS and non-AUS loans)<br />
• Borrower must have an established credit history.<br />
Note: An established credit history is defined as a minimum of three (3) active<br />
traditional credit references that have been opened for at least 24 months and<br />
have been active at some time during that period.<br />
• Closed accounts with balances are acceptable.<br />
• A full twelve (12) month satisfactory payment/rental history (0x30) must be<br />
documented through a third party or credit bureau.<br />
Note: Private references are not acceptable.<br />
Borrower Not a First Time Homebuyer:<br />
• If DU “Approve/Eligible,” follow <strong>FHA</strong> AUS guidelines and findings.<br />
• If traditionally underwritten, no housing late payments within the last 12 months<br />
(all mortgages), and<br />
• Within the last 24 months no more than 2x30 late payments and acceptable to<br />
the DE Underwriter.<br />
Note: Isolated late payments may be acceptable.<br />
• Borrower(s) are required to contribute three and one-half percent (3.50%) from<br />
his/her own funds towards the down payment for purchase transactions.<br />
• Funds must be seasoned for a minimum of sixty (60) days and verified.<br />
• Gift funds are only acceptable if received from a family member.<br />
• gift funds may only be applied to closing cost and prepaids only after the<br />
borrower has made the required three and one half percent (3.50%)<br />
investment into the transaction from their own funds.<br />
• gift funds must meet the sixty (60) day seasoning requirement, either in the<br />
donor’s account or a combination of both donor’s and borrower’s accounts.<br />
Cash Reserves Two (2) months cash reserves are required.<br />
Secondary<br />
Financing<br />
• New secondary financing is eligible, including Community Seconds, on purchase<br />
transactions.<br />
• Existing secondary financing is eligible for subordination on refinance<br />
transactions.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
<strong>FHA</strong> Jumbo, Continued<br />
Down Payment<br />
Assistance<br />
<strong>Program</strong>s<br />
Ineligible<br />
<strong>Program</strong>s<br />
Ineligible<br />
Property Types<br />
Appraisal<br />
Requirements<br />
Declining<br />
Markets<br />
Guidelines<br />
Bankruptcy/<br />
Foreclosure/<br />
Short Sales<br />
Down Payment Assistance programs are not eligible.<br />
• <strong>The</strong> following program listed below may not be used.<br />
• Ease-In Payment Reduction Feature.<br />
<strong>The</strong> following property types are ineligible:<br />
• Manufactured Home<br />
• Investment Property<br />
• Second/Vacation Home<br />
Reference: See the Ineligible Property Types subtopic in the Occupancy/Property<br />
Types topic for additional information.<br />
• <strong>The</strong> property may not have more than ten (10) acres.<br />
• When the loan amount is $1,000,000 or higher, the <strong>FHA</strong> Roster appraiser must<br />
also be state certified to meet Title XI requirements for the Federal Institutions<br />
Reform, Recovery and Enforcement Act (FIRREA).<br />
Reference: See the Properties Located in Declining Market Areas subtopic in the<br />
Appraisal Requirements topic for additional information.<br />
• No bankruptcy (Chapter 7 or 13), foreclosure or short sales in the last three (3)<br />
years based on discharge date for Purchase money, Rate/Term refinance<br />
transactions, and Credit-Qualifying Streamline Refinance transactions.<br />
• No bankruptcy (Chapter 7 or 13), foreclosure or short sales in the last seven (7)<br />
years based on discharge date, for cash-out refinances.<br />
Reference: See the Section 1.28: Short Sale and Restructured Mortgage <strong>Loan</strong>s<br />
document for additional information.<br />
Section 2.22 July 27, 2012<br />
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Eligible Transactions<br />
ARM<br />
Alternative<br />
• <strong>The</strong> ARM Alternative is a lender funded buydown, not an Adjustable Rate<br />
Mortgage (ARM).<br />
• <strong>The</strong> feature is called the ARM Alternative because it is an alternative for<br />
borrowers who like the low initial interest rate of an ARM but want the interest<br />
rate protection of a fixed rate mortgage.<br />
• <strong>The</strong> ARM Alternative is a lender funded buydown where the cost of the buydown<br />
is built into the pricing and therefore no buydown funds are required at closing.<br />
Reference: See Section 2.02: <strong>The</strong> ARM Alternative product description in the<br />
Correspondent Seller Guide for additional information.<br />
Refinances Reference: See the topic Refinances in this product description for information.<br />
Temporary<br />
Buydowns<br />
General Requirements<br />
• Borrower paid temporary interest rate buydowns are not eligible.<br />
• Interest buydowns are permitted on purchase transactions only.<br />
• <strong>The</strong> loan must be a fixed rate mortgage on an owner occupied principal<br />
residence.<br />
• Builders and sellers may still offer buydowns on the fixed-rate loans; however,<br />
the borrower must qualify at the note rate.<br />
• No adjustment is required to the acquisition cost unless the seller, mortgagee or<br />
other third party contributes cash to the transaction that exceeds the 6% limit<br />
established by HUD.<br />
• <strong>The</strong> following requirements must be met for all temporary buydowns:<br />
• an agreement must be executed in which the seller, lender or other third<br />
party places funds in escrow with monthly releases to be made to the lender<br />
to subsidize the borrower’s monthly payment during the first years of the<br />
mortgage,<br />
• the buydown is limited to 2% below the Note rate,<br />
• the borrower is qualified on the Note rate,<br />
• the payment increase during the buydown period cannot be greater than 1%<br />
per year and can only occur once each year,<br />
• payments are to be made by the escrow agent to the mortgagee, who is the<br />
holder of the mortgage, or to its servicing agent,<br />
• the <strong>FHA</strong> case number must have a special suffix code if the loan is a<br />
buydown, and<br />
• the seller or mortgagee may provide the buydown funds subject to the seller<br />
contribution limits.<br />
• <strong>The</strong> <strong>FHA</strong>/VA Buydown Agreement (COR 0344) must be completed and signed<br />
by the borrower.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Eligible Transactions, Continued<br />
Temporary<br />
Buydowns,<br />
(continued)<br />
Underwriting Requirements<br />
• A copy of escrow agreement, signed by the borrower and provider of the funds,<br />
must accompany the loan application. (<strong>The</strong> underwriter may condition for the<br />
executed buydown agreement at closing.)<br />
• It must be established that the eventual increase in mortgage payments<br />
will not affect the borrower adversely and likely lead to default.<br />
Escrow Agreement Requirements<br />
• Must provide that any escrow funds not distributed at time the mortgage loan is<br />
prepaid be applied to the outstanding balance due on the mortgage. In the event<br />
of foreclosure, the claim for mortgage insurance benefits must be reduced by the<br />
amount remaining in the buydown escrow account.<br />
• Must not permit reversion of undistributed escrow funds to the provider if the<br />
property is sold or the mortgage is prepaid in full unless the borrower establishes<br />
the escrow account.<br />
• May continue to buyers who assume the mortgage.<br />
• <strong>The</strong> escrow funds must be held in an escrow account by a financial institution<br />
supervised by a federal or state agency.<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
New Construction<br />
Construction<br />
Definitions<br />
General<br />
Requirements<br />
Proposed Construction<br />
Property is considered “proposed construction” when no concrete or permanent<br />
material has been placed. Digging of footing and placement of rebar is not<br />
considered permanent.<br />
Under Construction<br />
Property is considered “under construction” from the first placement of concrete<br />
(permanent material) to one hundred percent (100.00%) completion or to ninety<br />
percent (90.00%) with only customer preference items remaining.<br />
Existing Construction Less Than One (1) Year Old<br />
Property is considered “existing construction” when the appraisal was performed less<br />
than one year since receipt of the final occupancy permit issued. <strong>The</strong> home is one<br />
hundred percent (100.00%) complete if the Certificate of Occupancy (or its<br />
equivalent) was issued prior to the appraisal and is less than twelve (12) months old.<br />
Note: A re-sale property (sold from builder to owner-occupant and sold again) is not<br />
exempt from the new construction exhibits when the Certificate of Occupancy (or its<br />
equivalent) is less than twelve (12) months old.<br />
Reference: See Appraiser’s Architectural Exhibits in the subtopic Architectural<br />
Exhibits/Properties Not Complying With ML 2001-27 subsequently presented in this<br />
topic for additional information.<br />
• <strong>The</strong> new construction requirements remain unchanged except for the clarification<br />
that the appraiser may appraise a home that is under construction and is 90% or<br />
more complete, with only minor finish items remaining, without benefits of plans<br />
and specifications.<br />
• <strong>The</strong> minor finish items include floor coverings, appliances, fixtures, landscaping,<br />
etc.). Grading, drainage and functional utilities must be completed.<br />
• <strong>The</strong> appraisal can be completed at any time during construction.<br />
• If a borrower wants to obtain maximum <strong>FHA</strong> financing on new construction, ONE<br />
(1) of the following documentation options is required:<br />
• construction was completed more than one (1) year preceding the<br />
borrower’s signature on the Addendum to Uniform Residential <strong>Loan</strong><br />
Application (HUD-92900-A page 2),<br />
• the site plans and materials were approved by Department of Veterans<br />
Affairs, a DE underwriter, or a builder under the <strong>FHA</strong>’s Builder certification<br />
procedures, (see HUD Handbook 4145.1 Rev.2) before construction began<br />
(this does not apply to condominiums or manufactured housing),<br />
• the local jurisdiction has issued both a building permit (prior to construction)<br />
and a Certificate of Occupancy or equivalent,<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
New Construction, Continued<br />
General<br />
Requirements,<br />
(continued)<br />
• the dwelling is covered by an approved 10-Year Protection Plan that is<br />
acceptable to HUD, or<br />
• the dwelling will be moved to a new location and the property is eligible at<br />
the new location by having the site plans and materials pre-approved before<br />
construction began.<br />
Note: Lenders are not responsible for establishing an approved locality list (i.e.,<br />
it is not SunTrust’s responsibility to verify with each county that we lend in to<br />
determine if they issue a building permit prior to the start of construction).<br />
Lenders are to assume that if the county issues a building permit, then it is prior<br />
to construction.<br />
Reference: See the subtopic Lender Required Documents subsequently<br />
presented in this topic for additional information.<br />
• <strong>Loan</strong> files should contain a copy of the building permit (or a HUD Accepted<br />
Insured Ten-Year Protection Plans), the final Certificate of Occupancy, and the<br />
final inspection by the appraiser or HUD fee inspector, if applicable prior to<br />
closing.<br />
• <strong>The</strong> loan file must be documented as to whether there will be a building permit or<br />
a HUD Accepted Insured Ten-Year Protection Plan at the time the appraisal is<br />
being underwritten to permit the underwriter to make the appropriate conditions.<br />
• Localities that do not issue building permits prior to the start of construction must<br />
follow the "Early Start Letter" guidelines in order to avoid the ten (10) year<br />
warranty requirement, all three initial compliance inspections, and final<br />
compliance inspection.<br />
• This new definition of "pre-approval" process does not apply to Manufactured<br />
Housing and Condominiums.<br />
Reference: See HUD Specifications for Pre-Approval, Inspections and<br />
Documentation information.<br />
• All new construction must meet the Council of American Building Officials<br />
(CABO) 1992 Model Energy Code (MEC), regardless of LTV.<br />
• <strong>The</strong> following information applies to issues concerning flood zones:<br />
• a property (dwelling and related structures/equipment essential to the<br />
property value and subject to flood damage) cannot be built in a special<br />
flood zone (floodplain) unless FEMA has issued a “Letter of Map<br />
Amendment” (LOMA), or a “Letter of Map Revision (LOMR) stating that the<br />
property is not in a flood plain,<br />
• the builder can use an “Elevation Certificate” as an alternative documents if it<br />
is submitted with the Builder’s Certification of Plans, Specifications and Site<br />
(Form HUD-92541), and<br />
• if an “Elevation Certificate” is used in lieu of a LOMA or LOMR, flood<br />
insurance is required, however, if a LOMA or LOMR are provided, flood<br />
insurance is not required.<br />
• Reference: See General Section 1.14: Hazard and Flood Insurance of the<br />
Correspondent Seller Guide for additional information.<br />
Section 2.22<br />
Continued on next page<br />
July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong><br />
Correspondent Seller Guide<br />
Page 27 of 217
New Construction, Continued<br />
General<br />
Requirements,<br />
(continued)<br />
Inspection<br />
Requirements<br />
Builder<br />
Approval: HUD<br />
No Longer<br />
Approves<br />
Builders<br />
• Properties built in an airport runway clear zone are not eligible for new<br />
construction <strong>FHA</strong> loans.<br />
• A certification must be provided on form HUD-92900-A, page 3, which states that<br />
the property is 100% complete at the time of loan closing (both on site and off<br />
site improvements) and the property meets HUD’s minimum property standards.<br />
Documentation must be provided to verify completion of the property (i.e.,<br />
appraisal, Certificate of Occupancy, and final inspection from the original<br />
appraiser – as applicable for the type of new construction).<br />
• SunTrust requires a final inspection from the original appraiser on proposed or<br />
under construction properties, even with a Building Permit and Certificate of<br />
Occupancy issued prior to closing. If a Certificate of Occupancy, or its<br />
equivalent, was not issued, then a HUD fee inspector must issue the final<br />
inspection.<br />
• When a property is considered “existing construction” and there are no repairs or<br />
corrections conditions noted by the appraiser, the appraisal serves as final<br />
inspection. For new construction “existing” appraisals to serve as a final<br />
inspection the following requirements apply:<br />
• the appraisal must state that the property was built in accordance with the<br />
submitted plans and specs and grading and drainage are adequate, and<br />
• the appraisal may not be made “subject to completion per plans and<br />
specifications.”<br />
• In all cases, without exception, the builder must provide a one (1) year builder’s<br />
warranty as provided on Form HUD-92544.<br />
References:<br />
• See Comprehensive Valuation Package (CVP) Requirements in the topic<br />
Appraisal Requirements for additional information.<br />
• See Closing Documentation in the Application, Disclosures and Consumer<br />
Compliance topic for additional new construction forms.<br />
See Repair and Inspection Requirements in the Appraisal Requirements topic for<br />
information regarding when an appraisal is made “As Is” or “Subject to” one of the<br />
following categories:<br />
• Completion per Plans and Specifications,<br />
• Repairs and Alterations, or<br />
• Required Inspections.<br />
HUD no longer approves builders nor maintains a list of approved builders.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
New Construction, Continued<br />
HUD<br />
Specifications<br />
for Pre-<br />
Approval,<br />
Inspections<br />
and<br />
Documentation<br />
HUD Specifications for Pre-Approval, Inspections and Documentation as provided in<br />
HUD Mortgagee Letter 2001-27 are shown below.<br />
• <strong>The</strong> local jurisdiction is allowed to perform the inspections when evidenced by a<br />
Certificate of Occupancy.<br />
• Additionally, if a local jurisdiction issues a Building Permit (or its equivalent), prior<br />
to construction, it is acceptable as evidence of “Pre-Approval”.<br />
• In such cases where both a Building Permit and Certificate of Occupancy are<br />
issued by a local jurisdiction<br />
• Neither an Early Start Letter nor a HUD approved 10-Year Protection Plan is<br />
required.<br />
• This new definition of “pre-approval’ does NOT apply to condominiums due to<br />
special requirements applicable to these housing types.<br />
• In lieu of providing the Early Start Letter or proof of coverage by an acceptable<br />
protection plan, a copy of the Building Permit (or equivalent) and a copy of the<br />
Certificate of Occupancy (or equivalent) MUST be included in the endorsement<br />
binder.<br />
• <strong>The</strong> alternative to local inspections described above does not eliminate the<br />
requirement for a One-Year Builder Warranty (HUD Form 92544) as required by<br />
Section 801 of the National housing Act.<br />
• In addition to the One-Year Builder’s Warranty, the Builder’s Certification of<br />
Plans, Specifications and Site (Form HUD 92541) is still required.<br />
Notes:<br />
• <strong>FHA</strong> no longer requires mortgagees to retain architectural plans and<br />
specification for high ratio loans on construction of single-family properties, one<br />
year old or less, that have been processed and closed under the specifications<br />
of Mortgagee Letter 2001-27.<br />
• Mortgagee Letter 2005-09 only allows for the elimination of the retention of plans<br />
and specs after the case is endorsed, NOT the elimination of obtaining plans and<br />
specs for processing a new construction case. <strong>The</strong> client is still required to<br />
obtain the documents for the appraiser.<br />
• If the case is a condominium unit approved by <strong>FHA</strong>, the client is not required to<br />
obtain the plans and specs.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
New Construction, Continued<br />
Architectural<br />
Exhibits/<br />
Properties Not<br />
Complying with<br />
ML 2001-27<br />
General<br />
• Local jurisdictions that do NOT issue a Building Permit (or its equivalent) prior to<br />
construction and a Certificate of Occupancy (or its equivalent), for a property one<br />
year old or less must have one of the following to be eligible for a high-ratio<br />
insured mortgage:<br />
• Early Start Letter, OR<br />
• 10 Year Protection Plan acceptable to HUD.<br />
• Properties NOT processed and closed in accordance with the specifications in<br />
Mortgagee Letter 2001-27.must meet the requirements shown below:<br />
• If the property is proposed or under construction and NOT 90% complete at<br />
time of appraisal, HUD expects the lender to obtain the architectural exhibits<br />
for the appraiser.<br />
• <strong>The</strong>se exhibits must be adequate and accurate to determine compliance with<br />
applicable HUD standards, for the accurate basis for HUD commitments,<br />
determine acceptability of the physical improvements, and provide the basis<br />
for conclusion. Lenders are not expected to review or approve these<br />
documents.<br />
• Additionally, appraisers must receive a fully executed Builder’s Certification<br />
of Plans, Specifications & Site (Form HUD-92541) before performing the<br />
appraisal on proposed, under construction or less than one year old<br />
properties.<br />
• Appraisers must review Item 1 on this form and note in the Appraisal report<br />
any discrepancies between the information in Item 1 and the actual<br />
conditions observed on site. <strong>The</strong> appraisal and lender are responsible for<br />
addressing any yes answers in Item 1.<br />
Lender’s Architectural Exhibits<br />
For all proposed construction properties NOT processed under Mortgagee Letter<br />
2001-27 that are less than 90% completed at time of appraisal, HUD requires the<br />
lender to retain the appropriate architectural exhibit(s) in the origination file for<br />
resolving any future construction complaints and Section 518(a) complaints for<br />
structural defects. <strong>The</strong>refore, the lender’s file must continue to retain the following<br />
documents for new or proposed construction and high ratio loans:<br />
• One Year Builder’s Warranty (Form HUD-92544)<br />
• Builder’s Certification (Form HUD-92541).<br />
• Design and local authority approval of individual water supply and/or sewage<br />
disposal system<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
New Construction, Continued<br />
Architectural<br />
Exhibits/<br />
Properties Not<br />
Complying with<br />
ML 2001-27<br />
(continued)<br />
Lender’s Architectural Exhibits, continued<br />
• Any additional exhibits made necessary when the mortgage risk could be<br />
affected by unstable soil or other differential ground movement, ground water<br />
problems and other site or toxic hazards (i.e., engineers’ reports on soil<br />
exploration and testing, earthwork specifications, special foundation and related<br />
designs, slope or other stability evaluations, evaluations of underground sewage<br />
effluent disposal and waste disposal sites, et.).<br />
• Pest Inspection forms from the National Pest Control Association, HUD-NPCA-<br />
99-A and HUD-NPCA-99-B (where applicable).<br />
• <strong>The</strong> following documents, as applicable:<br />
• an executed Early State Letter, or<br />
• a 10-year Warranty, and<br />
• a final inspection from the HUD inspector.<br />
• Evidence of an approved Affirmative Fair Housing Marketing Plan or Voluntary<br />
Affirmative Marketing Agreement OR checked block “d” (part 11) on the Builder’s<br />
Certification (form HUD-92541).<br />
• Applicable inspections and/or certifications.<br />
• Any other additional/appropriate documents required in satisfying <strong>FHA</strong><br />
requirements which may include, but are not limited to the LOMA/LOMR or<br />
elevation certificate regarding flood plains, well water tests, local health authority<br />
approval for individual water and sewer systems, etc. This is not applicable for<br />
condominium projects.<br />
• Final Inspection Requirements as shown below:<br />
• Final inspection report by a HUD fee inspector is required, if property is<br />
“proposed or under construction” and the LOCAL JURISDICTION DOES<br />
NOT ISSUE A FINAL CERTIFICATE OF OCCUPANCY or its equivalent.<br />
• When the final inspection is completed by a fee inspector on under<br />
construction and less than 90% complete properties, the inspection will<br />
include photographs along with a statement on the HUD-92051 as follows:<br />
“This is a newly completed dwelling that was not completed under HUD or<br />
VA inspections. <strong>The</strong> dwelling appears to be in conformance with the<br />
submitted construction exhibits.”<br />
• Final inspections performed by a fee inspector must include a notation that<br />
all utilities were on and functional when the inspection was conducted.<br />
• <strong>The</strong> appraiser may complete the final inspection if the local jurisdiction<br />
issues a Certificate of Occupancy (or its equivalent) with the exception of<br />
condominiums.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
New Construction, Continued<br />
Architectural<br />
Exhibits/<br />
Properties Not<br />
Complying with<br />
ML 2001-27,<br />
(continued)<br />
Appraiser’s Architectural Exhibits<br />
HUD’s itemization of architectural exhibits includes those listed below.<br />
• plot plan (including dwelling and accessory buildings, finish grade elevations<br />
direction of drainage, location of well and septic, if applicable),<br />
• floor plan (separate foundation plan and plan of each floor and basement, if any),<br />
• kitchen cabinet details,<br />
• electrical layout,<br />
• heat layout (ductwork and location of all vents),<br />
• heat loss calculations,<br />
• cooling system layout,<br />
• exterior elevations (front, side and rear),<br />
• sections (exterior wall sections, stairwells, and stairs),<br />
• fireplace section and elevations, if applicable,<br />
• roof truss details,<br />
• water supply plans and specifications,<br />
• sewage system plans and specifications,<br />
• individual water supply and sewage disposal systems, if applicable, and<br />
• Description of Materials HUD Form 92005.<br />
• Completed Builder's Certification of Plans, Specifications, & Site (form HUD-<br />
92541) signed and dated no more than 30 days prior to the date the appraisal<br />
was ordered.<br />
• all reports and available information (i.e., sales agreement, title report,<br />
environmental reports or studies and inspection reports).<br />
Note: HUD requires that all utilities be turned on and fully functional during a<br />
final inspection otherwise, the property is not considered 100% complete.<br />
• For “under construction” properties that will be insured at 90% LOAN TO VALUE<br />
OR LESS, the lender is to RETAIN a copy of the architectural exhibits in its<br />
origination binder; however, the Builder’s Certification and Builder’s Warranty are<br />
not required.<br />
• For “existing” properties GREATER than one-year old (100% complete) at the<br />
time of the appraisal, architectural exhibits are not required.<br />
Homes 100% Complete Less Than One Year old<br />
• If the home is 100% complete at time of the appraisal and the appraisal is to<br />
serve as the final inspection, the procedures below must be followed. (This<br />
procedure does not apply to manufactured homes.)<br />
Note: Manufactured homes are not eligible for financing through SunTrust<br />
Mortgage.<br />
• <strong>The</strong> appraisal serves as the final inspection and Form HUD-92051 is not<br />
required.<br />
• <strong>The</strong> appraiser must notate that the utilities were turned on at the time of<br />
inspection.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
New Construction, Continued<br />
Architectural<br />
Exhibits/<br />
Properties Not<br />
Complying with<br />
ML 2001-27,<br />
(continued)<br />
Lender<br />
Required<br />
Documents/<br />
Properties Built<br />
in Accordance<br />
With ML 2001-<br />
27<br />
Lender<br />
Required<br />
Documents<br />
Homes 100% Complete Less Than One Year Old, continued<br />
• <strong>The</strong> appraiser is to inspect for health and safety violations.<br />
• If no health and safety problems are noted, there are no repairs, alterations, or<br />
inspection conditions, and the property is ready for occupancy, the appraiser is to<br />
mark the appraisal “As Is.”<br />
• <strong>The</strong> appraiser must take a clear photograph (in addition to the standard appraisal<br />
photos) of each diagonally opposite front and rear corner of the house to record<br />
adequate grading and drainage of the site; and make a statement on the appraisal<br />
report of the acceptance of the grading and drainage.<br />
General Information<br />
• Complete appraisal package or Master Appraisal Report (MAR), is always<br />
required, including the information listed below, if the property is “under<br />
construction” or “existing”:<br />
• Verification that the property conforms with plans and specs.<br />
• Notation that there are no health and safety issues.<br />
• Clear photographs of each diagonally opposite front and rear corner of the<br />
house to record adequate grading and drainage of the site with the<br />
appraiser’s statement that grading and drainage is acceptable.<br />
• Notation of a final inspection if the property is “proposed construction” or<br />
“under construction” less than 90% completed.<br />
• Notation that all utilities were on and functional when the appraisal was<br />
completed (if the property is complete).<br />
Properties Built in Accordance With Mortgage Letter 2001-27<br />
• <strong>The</strong> lenders files must continue to retain the following documents for new or<br />
proposed construction and high ratio loans:<br />
• Builders Certification of Plans, Specs, & Site (form HUD-92541)<br />
• Building Permit<br />
• National Pest Association Form NPCA-99A and HUD-NPCA-99-B, where<br />
applicable.<br />
Properties Built in Accordance With Mortgage Letter 2001-27, continued<br />
• Builders 1 Year Warranty (HUD form 92544)<br />
• Certificate of Occupancy<br />
• Carpet ID<br />
• Manufactures Warranties<br />
• Insulation Certificate<br />
• Final Inspection by the appraiser with utilities on and functional (required by<br />
SunTrust)<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
New Construction, Continued<br />
Lender<br />
Required<br />
Documents,<br />
(continued)<br />
Pre-Approval/<br />
Early Start<br />
Letters<br />
Builder<br />
Certification<br />
Reference: See HUD Specifications For Pre-Approval, Inspections and<br />
Documentation previously presented in this topic for information concerning<br />
Mortgagee Letter 2001-27<br />
• Regardless of the process used, the lender must certify that the property is 100%<br />
complete (both on site and off site improvements) and that the property meets<br />
HUD's minimum property standards. This certification is on the Addendum to the<br />
Uniform Residential <strong>Loan</strong> Application (Form HUD 92900-A) on page 3.<br />
• Builders that wish to begin construction before the appraisal is completed or the<br />
lender issues the Statement of Appraised Value must have “Pre-approval” in order<br />
to permit a borrower to obtain greater than 90% financing in areas not issuing<br />
Building Permits (or their equivalent).<br />
• Pre-approval is defined as either a lender issued Early Start Letter (COR 0462) or<br />
a Building Permit (or its equivalent) issued by a local jurisdiction prior to<br />
construction.<br />
• Upon review and analysis of the plans and specs, Early Start Letters are typically<br />
issued by a lender’s DE Underwriter.<br />
• If a builder is providing a HUD approved ten (10) year warranty on the subject<br />
property an Early Start Letter is not required.<br />
• If the local jurisdiction issues both a Building Permit and a Certificate of<br />
Occupancy, then neither an Early Start Letter nor a HUD approved ten (10) year<br />
warranty is required.<br />
Note: This definition of pre-approval does not apply to condominiums or<br />
manufactured housing.<br />
Reference: See 10 Year Warranties for the HUD Accepted Insured Ten-Year<br />
Protection Plans subsequently presented in this product description for additional<br />
information.<br />
• <strong>The</strong> builder must complete the applicable sections of the Builder Certification of<br />
Plans, Specs & Site Form (HUD 92451, REV 4/01) for all new construction,<br />
regardless of whether or not a 10-year warranty is offered.<br />
• <strong>The</strong> Builder Certification of Plans, Specs & Site Form must be completed and<br />
signed within 30 days of the lender’s request for an appraisal.<br />
• <strong>The</strong> form must be provided to the appraiser who must review the form and note<br />
on the appraisal that he/she has seen the certification. In addition, the appraiser<br />
must comment on the appraisal as to whether or not he/she agrees with the<br />
builder’s findings.<br />
• If the form is not provided to the appraiser, HUD requires the appraiser to return<br />
the appraisal request. If the form is not complete, HUD requires the appraiser to<br />
return the form for completion prior to releasing the appraisal.<br />
Reference: See Builder Certification Procedure subsequently presented in this topic<br />
for additional information.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
New Construction, Continued<br />
10 Year<br />
Warranties<br />
Required<br />
Exhibits for<br />
HUD<br />
Endorsement<br />
Builder<br />
Certification<br />
Procedure<br />
• A ten (10) year warranty is required if the borrower wants maximum <strong>FHA</strong><br />
financing, an Early Start Letter is not available and the local jurisdiction does not<br />
issue a building permit.<br />
• If a ten (10) year warranty is required, a copy of the actual warranty or letter from<br />
the warranty company specifically stating acceptance of the property must be<br />
provided.<br />
• Letters from the warranty companies should include the subject address,<br />
effective date of coverage, type of warranty and the warranty company’s name.<br />
<strong>The</strong> letter must be signed by an official of the company.<br />
• If a 10 Year Warranty is a condition on the loan, the loan cannot close until<br />
actual confirmation of the warranty approval has been received in writing. Verbal<br />
confirmation is not sufficient.<br />
• HUD issues periodic updates for approved warranty companies. Click here for<br />
the current list of HUD Accepted Insured 10 Year Protection Plans.<br />
• Construction exhibits required to be submitted to HUD in the endorsement<br />
package for high LTV (above 90%) cases are as follows:<br />
• Builder’s Certification (HUD-92541),<br />
• Builder’s Warranty (HUD-92544),<br />
• a HUD Accepted Insured Ten-Year Protection Plan, (when required), and<br />
• all other documents normally submitted, such as inspection reports, soil<br />
poisoning certifications, appraisal reports, Square Foot Cost Appraisal form,<br />
if applicable, etc.<br />
General Information<br />
• <strong>The</strong> Builder Certification procedure is used to obtain mortgage insurance for<br />
most new construction in new subdivisions.<br />
• If the local HUD Field Office determines that local subdivision standards do not<br />
exist, or are inadequate to protect HUD’s underwriting risk or the health and<br />
safety of the of the intended occupants, it may require builders and lenders to<br />
use only the Improved Area procedure (IAP) and the Appraiser/Review Checklist<br />
(HUD-54891).<br />
• Local HUD offices will periodically publish a list of those jurisdictions where<br />
subdivision standards do not exist or are considered ineffective or inadequate.<br />
• THE BUILDER CERTIFICATION PROCEDURE IS NOT APPLICABLE TO<br />
CONDOMINIUM PROJECT APPROVAL.<br />
Builder Certification Procedure (Local Standards Are Acceptable)<br />
• <strong>The</strong> Builder Certification procedure is used where HUD determines that local<br />
subdivision standards adequately protect the health and safety of the borrower.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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New Construction, Continued<br />
Builder<br />
Certification<br />
Procedure<br />
Affirmative Fair<br />
Housing<br />
Marketing Plan<br />
(AFHMP)<br />
• <strong>The</strong> builder must complete the Builder Certification of Plans, Specifications, &<br />
Site (HUD-92541). If there are flood hazards, runway clear zones/clear zones or<br />
foreseeable hazards/adverse conditions noted on the certification, the DE<br />
underwriter has the responsibility to determine if the health and safety of the<br />
borrower or the underwriting risk is affected. <strong>The</strong> builder can use the certification<br />
for more than one (1) property by attaching it to a list of properties with matching<br />
<strong>FHA</strong> case numbers and entering “See Attached List” into the <strong>FHA</strong> case number<br />
block on the form.<br />
• <strong>The</strong> Builder Certification of Plans, Specifications, & Site (HUD-92541) is sent to<br />
the appraiser with the appraisal request. <strong>The</strong> appraiser will indicate any<br />
discrepancies noted, use it as a source to assist in determining the property<br />
value and return the form with the appraisal report to the lender.<br />
• <strong>The</strong> builder’s compliance with the Affirmative Fair Housing Marketing Plan<br />
requirements must be noted on the Builder Certification of Plans, Specifications,<br />
& Site (HUD-92541).<br />
• Mortgagee Letter 01-09 states, to “streamline the process and assure better<br />
compliance to HUD’s affirmative fair housing marketing requirements”, a fourth<br />
option is now available to builders that sold 5 or more units in the past 12 month<br />
period or plan to sell 5 or more units in the next 12 month period with <strong>FHA</strong><br />
insured financing.<br />
• This new option-block “d”, paragraph 11 of the Builder Certification of Plans,<br />
Specifications, & Site (HUD-92541), allows the builder to self certify compliance<br />
with HUD’s affirmative fair housing marketing regulations.<br />
• Builders must also maintain records of their affirmative fair housing marketing<br />
activities and make them available to the Department upon request.<br />
• If a builder opts to check block “d,” they no longer need to submit an individual<br />
Affirmative Fair Housing Marketing Plan (AFHMP) to the department for<br />
approval, sign a Voluntary Affirmative Marketing Agreement (VAMA), or contract<br />
with another entity that has a VAMA or AFHMP.<br />
• To obtain approval of an AFHMP, the builder or developer must complete and<br />
file Form HUD-935.2 with the Fair Housing and Equal Opportunity (FHEO)<br />
Division of the local HUD Field Office or the FHEO <strong>Program</strong> Operations<br />
Divisions in HUD Regional Offices.<br />
• THE AFHMP MUST BE APPROVED BY THE FHEO DIVISION BEFORE THE<br />
BUILDER OR DEVELOPER BEGINS TO MARKET PROPERTIES.<br />
• For new subdivisions being built in phases, an AFHMP must be filed for the first<br />
phase.<br />
• Builders or developers that are planning large phased subdivisions must consult<br />
with the FHEO Division of the local HUD Field Office for further guidance.<br />
• <strong>The</strong> FHEO Division can request the submission of new or amended AFHMPs for<br />
subsequent phases.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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New Construction, Continued<br />
Affirmative Fair<br />
Housing<br />
Marketing Plan<br />
(AFHMP)<br />
• A builder or developer may be exempt from obtaining HUD approval of an<br />
AFHMP if the following conditions are met:<br />
• the builder/developer is in good standing to a Voluntary Affirmative<br />
Marketing Agreement (VAMA) between the Department and a State, local<br />
home builders association, or Board of Realtors associated with their<br />
national organizations (signatory promises that marketing activities<br />
connected with HUD-insured mortgages will be conducted in a nondiscriminatory<br />
manner), AND<br />
• the builder/developer submits to HUD written proof of its status as a<br />
signatory to such an agreement.<br />
• Case numbers should not be ordered on new properties until it has been<br />
verified that the builder is in compliance with HUD’s AFHMP requirements<br />
(i.e., have an approved AFHMP or documentation that builder is in good<br />
standing to a VAMA).<br />
Reference: See the <strong>FHA</strong> Case Number Assignment and Cancellation subtopic<br />
in the Overview topic for additional information.<br />
Land Contracts • If the borrower will use the loan to complete payment on a land contract,<br />
contract for deed, or other similar type financing arrangement where the<br />
borrower does not have title to the property, the new mortgage may be<br />
processed as either a purchase or a refinance transaction with maximum<br />
insured financing if the borrower receives no cash at closing.<br />
• If all loan proceeds are used to pay the outstanding balance on the land<br />
contract and eligible repairs, renovations, etc., the appropriate loan-to-value<br />
ratio is applied to the lesser of:<br />
• the appraised value plus the allowable closing costs, or<br />
• the total cost to acquire the property (the original purchase price, plus any<br />
documented costs the purchaser incurs for rehabilitation, repairs,<br />
renovation, or weatherization), plus allowable closing costs and, if treated<br />
as a refinance, reasonable discount points.<br />
• Equity in the property (original sales price minus the amount owed) may be<br />
used for the borrower’s entire down payment. However, if the borrower<br />
receives cash at closing exceeding $500, the loan is limited to 85% percent of<br />
the sum of the appraised value and allowable closing costs.<br />
• Replenishment of the borrower’s own cash expended for repairs,<br />
improvements, renovation, etc., is not considered as “cash back”, provided the<br />
borrower can substantiate, with cancelled checks and paid receipts, all out-ofpocket<br />
funds spent for these purposes.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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New Construction, Continued<br />
Building on<br />
Own Land,<br />
(continued)<br />
• Borrowers who are building homes on land they already own are still required to<br />
have a three and one half percent (3.50%) down payment (or its equivalent in<br />
land equity) into the transaction. All mortgage transactions must be calculated<br />
using the documented acquisition cost.<br />
Note: A manual verification of the calculation is necessary to determine that the<br />
maximum loan amount is accurate. Do not rely on computer-generated<br />
calculations during the processing and underwriting of the loan as an accurate<br />
loan amount.<br />
• <strong>The</strong> documented acquisition cost is entered in the Sales Price line, of the <strong>FHA</strong><br />
<strong>Loan</strong> Underwriting and Transmittal Summary (HUD-92900-LT) and includes the<br />
sum total of the following items:<br />
• builder’s price or sum of all subcontractors’ bids, materials, etc.,<br />
• cost of the land (if owned more than six [6] months or received as an<br />
acceptable gift, the appraised value of the land may be used instead of its<br />
cost), and<br />
• interest and other costs associated with any construction loan obtained by<br />
the borrower to fund construction of the property.<br />
• <strong>The</strong> calculated <strong>Loan</strong>-to-Value Ratio shown will reflect the lesser of the sales<br />
price or the appraiser’s value estimate, as it does on other purchase<br />
transactions, and is the same value used for TOTAL Scorecard.<br />
• If the borrower receives cash at closing to replenish his/her own cash funds<br />
spent during construction, it is not cash-out if documentation (i.e., canceled<br />
checks and paid receipts) is provided that the funds were paid out of pocket.<br />
• If the borrower receives cash-back of more than $250 at closing, the maximum<br />
LTV is limited to 85.00%.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
New Construction, Continued<br />
Property Tax<br />
Estimates<br />
Re-Sale of New<br />
Construction<br />
Properties<br />
Tax Estimate Used for Qualifying<br />
• Borrower(s) must qualify with the monthly payment based on improved property<br />
taxes, not on the vacant land.<br />
• In those states where it is customary for a borrower to pay property taxes in<br />
arrears, (and he/she may not pay property taxes on the improvements until a year<br />
or more after closing), <strong>FHA</strong> still expects the borrower to qualify based on accurate<br />
and realistic property tax estimates that include the improvements.<br />
• Realistic estimates of value for improved property must be obtained from reliable<br />
sources such as those listed below.<br />
• <strong>The</strong> appraiser<br />
• Comparable sales data<br />
• <strong>The</strong> assessor’s office<br />
Tax Estimate for Escrow Accounts<br />
• <strong>The</strong> borrower’s monthly escrow payments must be based on the accurate and<br />
realistic “improved” property estimate when tax authority reassessments are likely<br />
to occur within 12 months of mortgage loan closing.<br />
• RESPA permits lenders to project the disbursements for real estate taxes for<br />
the ensuing twelve months and collect funds based on this projection. When<br />
the annual escrow analysis is completed, refunds are issued or shortages<br />
collected based on the results of that analysis.<br />
• <strong>FHA</strong> will treat most re-sales of properties that are less than one (1) year old and<br />
100% complete, as an existing property for documentation purposes, and the<br />
new construction exhibits normally submitted will not be required.<br />
• Re-sales of properties that are existing construction less than a year old, the new<br />
construction exhibits are required when the following scenarios apply:<br />
• the new <strong>FHA</strong> loan is a non-arms length transaction, or<br />
• documentation to identify the transaction as a re-sale to a second or<br />
subsequent purchaser cannot be provided.<br />
Notes:<br />
• <strong>The</strong> property must be 100% complete (including all on and offsite<br />
improvements).<br />
• <strong>The</strong> <strong>FHA</strong> case binder file must clearly identify the transaction as a re-sale to a<br />
second or subsequent purchaser.<br />
• A lender selling a newly built home is currently exempt from the ninety (90)<br />
day property flipping guidelines.<br />
• A builder selling a newly built home, where the current builder completed the<br />
home and obtained the Certificate of Occupancy, is currently exempt from the<br />
ninety (90) day property flipping guidelines.<br />
• A builder selling a newly built home, where the current builder did not actually<br />
complete the construction of the property and the Certificate of Occupancy<br />
was issued prior to the current owner, is subject to all property flipping<br />
guidelines.<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Ease-In Payment Reduction Feature<br />
General Introduction<br />
• <strong>The</strong> “Ease-In” is a payment reduction feature where the seller / builder<br />
contributes interest up to the first six (6) months allowing the borrower to “easein”<br />
into a new home and to “ease-in” to the monthly payments.<br />
• <strong>The</strong> maximum interest subsidy may not exceed the six percent (6%) seller<br />
contribution.<br />
• <strong>The</strong> builder or seller may pay the interest portion beginning with the first payment<br />
up to the 6th month payment.<br />
• This feature is only available for a fixed rate <strong>FHA</strong> loan.<br />
• Temporary buydowns are not eligible when the seller-paid interest buydown<br />
feature is utilized.<br />
Amortization<br />
Schedule<br />
Requirements<br />
• This feature is only available for a 30-year fixed rate <strong>FHA</strong> purchase transaction.<br />
• Borrower must qualify at the Note rate.<br />
• <strong>The</strong> maximum contribution of 6% of the sales price may be used towards the<br />
borrower’s interest, closing costs and/or prepaids.<br />
• Any dollar amount over the 6% seller contribution limit must be subtracted dollarfor-dollar<br />
from the sales price.<br />
• Care must be taken to ensure the borrower’s three and one half percent (3.50%)<br />
down payment is not reduced as a result of the seller contributions.<br />
• <strong>The</strong> seller / builder contribution which is disbursed monthly must be a fixed<br />
amount (i.e., payments applied to the monthly interest cannot fluctuate from<br />
month to month).<br />
• No portion of the funds may be applied to the principal balance.<br />
Ineligible transactions<br />
• <strong>The</strong> following transactions are not eligible for use with the Ease-In Payment<br />
Reduction Feature:<br />
• Temporary buydowns<br />
• Base loan amounts greater than $417,000<br />
• Housing Finance Agency loans<br />
• An amortization schedule may be obtained on the SunTrust website or similar<br />
loan amortization programs can be used.<br />
• <strong>The</strong> following items are determined by running an amortization schedule:<br />
• Total Seller Paid Contribution: the dollar amount of the seller paid interest,<br />
• Reduced Payment Period: the number of months during which interest<br />
payments are made, a minimum of one (1) month and no more than six (6)<br />
months, and<br />
• Interest Payment: a fixed dollar amount being paid monthly toward borrower<br />
interest from the seller / builder contribution.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Ease-In Payment Reduction Feature, Continued<br />
Interest<br />
Payment<br />
Reduction<br />
Calculation<br />
• An example of a 5-month payment reduction on a loan amount of $97,000 at 6%<br />
interest is shown in the table below.<br />
• <strong>The</strong> seller’s interest contribution for the payment reduction is a fixed amount that<br />
cannot exceed the last month of the subsidy period.<br />
• <strong>The</strong> maximum monthly interest contribution amount in the example below is<br />
$483.00.<br />
Monthly<br />
Payment<br />
Principal Interest<br />
Owed<br />
Total P & I Seller/Builder<br />
Contribution<br />
Borrower<br />
Contribution<br />
# 1 $96.56 $485.00 $581.56 $483.00 $98.56<br />
# 2 $97.04 $484.52 $581.56 $483.00 $98.56<br />
# 3 $97.53 $484.03 $581.56 $483.00 $98.56<br />
# 4 $98.02 $483.54 $581.56 $483.00 $98.56<br />
# 5 $98.51 $483.05 581.56 $483.00 $98.56<br />
DU Direct <strong>The</strong> table below shows the data input instructions for DU submission of the Ease-In<br />
Payment Reduction Features in DU Direct.<br />
Fannie Mae’s Desktop Underwriter (DU)<br />
Types, Terms & Property<br />
• Type of Mortgage and Terms of <strong>Loan</strong><br />
• Interest Rate (%) – enter the Note Rate<br />
Details of Transaction<br />
• Line f. Est. closing cost- Add Ease-In amount to closing costs.<br />
• Line k. Closing Costs Paid By Seller – if an Ease-In Payment Reduction Feature<br />
is involved, add the Ease-In feature amount to other seller paid closing costs<br />
Other Credits<br />
• Description of Other Credits – enter “Other”<br />
• Amount – if an Ease-In feature is involved, enter the dollar amount of the Ease-<br />
In feature<br />
Additional Data<br />
• <strong>Loan</strong> Information<br />
• First Year Buydown Rate – enter the Note Rate<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Ease-In Payment Reduction Feature, Continued<br />
MLCS <strong>Loan</strong><br />
Set-Up<br />
• <strong>The</strong> following program and investor codes are applicable for MLCS. Additionally,<br />
they apply to Non-AUS and Fannie Mae DU.<br />
• <strong>Program</strong> Code = F30SPI<br />
• Investor Code = 000<br />
• <strong>The</strong> table below shows MLCS procedures.<br />
MLCS<br />
Screen Field Input<br />
MOM <strong>Program</strong> Code F30SPI<br />
MOB Target Investor 000 (should prefill)<br />
MOB Buydown Code SPI<br />
Z74 Type D (for dollar buydown)<br />
Z74 Who Pays Buydown S (for seller)<br />
Z74 Amount $ Amount of monthly fixed interest payment<br />
fund<br />
Z74 MOS # of months seller will pay toward the<br />
interest portion of PITI payment<br />
Closing • <strong>The</strong> Seller-Paid Interest Buydown Agreement (COR 0322) must be completed by<br />
the <strong>Loan</strong> Closer and signed by the borrower and sellers.<br />
• <strong>The</strong> Ease-In Contribution must be show on a line within the 800 series of the<br />
HUD 1 settlement statement as a seller credit and be labeled “Seller-Paid<br />
Interest Contribution”, 4 months @ $483.54” with $1934.16 (per example above)<br />
under the seller’s column.<br />
• Additional funds paid by the seller over and above the cumulative interest<br />
calculation must be shown as a closing cost credit to the borrower on the HUD-1<br />
settlement statement.<br />
• HUD does not require or permit the presentation or disclosure of “seller-paid<br />
credits” on the Good Faith Estimate (GFE).<br />
• Seller credits must be entered as a “lump sum credit” on the HUD-1.<br />
Note: When the seller makes a contribution to more than one expense for the<br />
borrower, the seller credits shown on the HUD-1 MUST reflect the “lump sum<br />
payment.”<br />
• <strong>The</strong> servicing department will disburse the seller-paid interest contribution shown<br />
on the HUD-1 on a monthly basis and bill the borrower for the difference.<br />
• As far as IRS reporting is concerned, servicing will back out the seller-paid<br />
interest contribution for year-end reporting purposes on Form 1098.<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 42 of 217<br />
Correspondent Seller Guide
Energy Efficient Mortgage (EEM) <strong>Program</strong><br />
General Only Correspondent lenders that have a Direct Endorsement underwriter on<br />
staff may underwrite and submit for purchase loan transactions involving the<br />
Energy Efficient Mortgage (EEM) loan program to SunTrust. Property repairs<br />
and energy upgrades must be complete for SunTrust to purchase the loan.<br />
Eligible<br />
Mortgages<br />
Eligible<br />
Property<br />
Qualifying the<br />
EEM Borrower<br />
Automated<br />
Underwriting<br />
System (AUS)<br />
A mortgage for the Purchase or Rate/Term refinance of a property to be insured<br />
under section <strong>203</strong>(b), <strong>203</strong>(k), or section 234(c) is eligible for the EEM program.)<br />
• Both new and existing 1-4 family unit properties are eligible, including 1-unit<br />
condominiums and manufactured housing.<br />
• <strong>The</strong> allowable EEM dollar amount is for the entire property and not based on a<br />
per unit basis for multiple unit properties.<br />
• For new construction or homes that were built to the 2000 IECC (or are being<br />
retrofitted to that standard), the borrower is eligible for the following stretch ratios<br />
in addition to the cost of the improvements:<br />
• Housing: 33.00%<br />
• Debt to Income: 45.00%<br />
• <strong>FHA</strong>’s TOTAL Scorecard may be used for underwriting EEMs.<br />
• <strong>The</strong> lender’s Direct Endorsement (DE) underwriter must attest that he/she has<br />
reviewed the monthly payment and loan amount calculations associated with the<br />
energy efficient improvements, and found the mortgage and the property to be in<br />
compliance with <strong>FHA</strong>’s underwriting instructions<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Refinances<br />
Types of<br />
Refinance<br />
Transactions<br />
SunTrust Mortgage offers the following types of refinance transactions:<br />
• Cash Out Refinance (85.00% LTV), Rate/Term Refinance, and<br />
• Streamline Refinances (<strong>FHA</strong> loan to <strong>FHA</strong> loan)<br />
• Credit Qualifying with an appraisal<br />
• Credit Qualifying without an appraisal<br />
General • A new <strong>FHA</strong> appraisal is required for each refinance transaction requiring an<br />
appraisal. An appraisal used for the purchase of the property cannot be used<br />
again for a subsequent refinance even if 120 days has not passed.<br />
• All Rate/Term refinance and Streamline Refinance transactions must have a<br />
payoff statement in the file.<br />
• <strong>The</strong> payment due in the month the loan is closing must be paid either prior to<br />
closing or included in the payoff amount at closing. (i.e., if the borrower closes<br />
and funds on a refinance in the month of December, the borrower does not need<br />
to have made the December payment. However, if the loan doesn’t close/fund<br />
until January, the December payment cannot be included in the loan amount and<br />
the borrower will need to pay the December payment from his/her own cash.)<br />
• All subordinated financing, whether it will be subordinated to the new SunTrust<br />
mortgage or will be paid off by the new SunTrust mortgage (unless <strong>FHA</strong>’s more<br />
restrictive twelve (12) month period applies), must be seasoned for at least six<br />
(6) months with 0x30 day late payments (i.e., six (6) permanent mortgage<br />
payments made) prior to application for the new SunTrust mortgage.<br />
• Confirm the borrower is current on the mortgage being refinanced for:<br />
• the month prior to the month in which they close, and<br />
• the month they close.<br />
Note: <strong>The</strong> borrower has the option to make the current payment at the<br />
beginning of the month or include it in the payoff amount at closing, when closing<br />
within the month the payment is due.<br />
• SunTrust Mortgage will not purchase any <strong>FHA</strong> loan where the tax, hazard and/or<br />
flood insurance escrows are netted from the unpaid principal balance of the <strong>FHA</strong><br />
loan being paid off (i.e. principal balance cannot be reduced by escrow account<br />
balance). Refunds of any tax and insurance escrow account balances are paid<br />
directly to the borrower within 30 days after the existing loan is paid off.<br />
• SunTrust Mortgage will not purchase any <strong>FHA</strong> loan where the tax, hazard,<br />
and/or flood insurance escrows are transferred (rolled) from the unpaid principal<br />
balance of the <strong>FHA</strong> loan being paid off, to the new loan, in order to fund the new<br />
escrow account. Refunds of any tax and insurance escrow account balances<br />
are paid directly to the borrower within 30 days after the existing loan is paid off.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Refinances, Continued<br />
<strong>FHA</strong> Refinance<br />
Credit Query<br />
• If the existing loan is an <strong>FHA</strong> loan, there could be a refund of a portion of the<br />
Upfront MIP. If the new loan will also be an <strong>FHA</strong> loan, this refund is applied as a<br />
credit in determining the new loan amount. <strong>FHA</strong> provides Refinance Credit<br />
Query to use in determining this amount “upfront.”<br />
• <strong>The</strong> Refinance Credit Query is used to determine the amount of the MIP credit<br />
available for an active <strong>FHA</strong>-insured loan that is being refinanced.<br />
• It provides 30-day and 60-day calculations based on the projected closing date<br />
of the new loan.<br />
• This feature can be used to determine the credit or refund on either <strong>FHA</strong> or<br />
conventional new financing without ordering a new case number.<br />
• This enables lenders to know the amount of the MIP credit or refund at the preapplication<br />
stage.<br />
• <strong>The</strong> refund schedule for <strong>FHA</strong>-to-<strong>FHA</strong> refinances is modified to a three (3) year<br />
time period for those mortgages endorsed for insurance on or after December 8,<br />
2004.<br />
• In order to accurately determine the correct UFMIP has been charged, SunTrust<br />
requires Correspondent lenders to complete a <strong>FHA</strong> Case Query on each<br />
borrower to verify the accuracy of the case number assignment date. A copy of<br />
the case query results must be included in the loan file prior to purchase.<br />
<strong>The</strong> instructions to utilize the Refinance Credit Query feature are shown below.<br />
Step Action<br />
1. Sign in to <strong>FHA</strong> Connection<br />
2. Click “Single Family <strong>FHA</strong>”<br />
3. Click “Single Family Origination”<br />
4. Click “Case Processing”<br />
5. Click “Case Query”<br />
6. Select the field office applicable to the subject property in the first box<br />
7. Enter the borrower’s social security number<br />
8. Click “Send”<br />
9. <strong>The</strong> User will see either the “Case Query” screen or the “Case Query List”<br />
10. If the “Case Query List” screen appears, print the screen, then select the<br />
case number that matches the case number on the subject loan file and<br />
print the resulting “Case Query” screen.<br />
11. <strong>The</strong> “Case Query” screen appears, print the screen and include with the<br />
loan file.<br />
12. Repeat the steps reflected above for each borrower<br />
Additionally, lenders MUST investigate, resolve and document in the loan file, any<br />
other case number matches that are found under the borrower’s social security<br />
number.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 45 of 217<br />
Correspondent Seller Guide
Refinances, Continued<br />
<strong>FHA</strong>-to-<strong>FHA</strong><br />
Refinance<br />
Transactions<br />
May Not<br />
Exceed County<br />
<strong>Loan</strong> Limits<br />
SunTrust Mortgage currently does not permit <strong>FHA</strong>-to-<strong>FHA</strong> refinance transaction to<br />
exceed the new county loan limits.<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 46 of 217<br />
Correspondent Seller Guide
Cash-Out Refinances<br />
General • HUD considers cash out refinances for debt consolidation a high risk, especially<br />
if borrowers have not demonstrated a significant increase in income and appear<br />
to be heavy credit users.<br />
• <strong>The</strong>se transactions should be scrutinized more carefully.<br />
Delinquent<br />
Mortgages<br />
Eligible<br />
Borrowers<br />
• Borrowers who are delinquent or in arrears with their existing mortgage, or had a<br />
late payment in the last 12 months (no payment may have been more than thirty<br />
[30] days late) are NOT eligible for cash-out financing.<br />
• Verification of a satisfactory mortgage payment history must be provided<br />
through the month prior to closing, ensuring that all payments have been<br />
made within the month due for the previous 12 months.<br />
• An updated credit report or Verification of Mortgage (VOM) is required, if the<br />
mortgage payment history provided in the loan file is not reporting through<br />
the month prior to loan closing.<br />
• A prior to closing condition, code CLS54, will be issued requiring evidence<br />
that the existing mortgage is less than 30 days past due at closing with 0 x<br />
30 day late payment in the last 12 months.<br />
• <strong>Loan</strong> Officers must inform their clients that all mortgage payments must be<br />
made within the month due on their current mortgage, until the date of<br />
closing for their new transaction.<br />
Notes:<br />
• Payoff statements are not an acceptable means to document a mortgage<br />
payment history.<br />
• Cancelled checks may be an acceptable source of documentation for a<br />
mortgage payment history, at the underwriter’s and/or MLC’s discretion, on a<br />
case-by-case basis<br />
Reference: See the Mortgage/Rental Payment Histories subtopic subsequently<br />
presented in the Credit Requirements topic for additional requirements when using<br />
TOTAL Scorecard for borrowers that have any mortgage tradelines with a<br />
delinquency in their credit history.<br />
• Any co-borrower or co-signer being added to the Note must be an occupant of<br />
the subject property.<br />
• Non-occupant co-borrowers or co-signers are not permitted.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 47 of 217<br />
Correspondent Seller Guide
Cash-Out Refinances, Continued<br />
Occupancy • Cash-out refinances are eligible only for primary residences.<br />
• Primary residences owned free and clear must be refinanced as cash-out<br />
transactions.<br />
• Owner-occupied One-to-four (1-4) unit dwellings are eligible.<br />
Maximum<br />
LTV/TLTV<br />
• If the borrower has owned and occupied the subject property as their primary<br />
residence for less than one (1) year prior to loan application, the maximum loan<br />
is limited to a combined TLTV of 85% of the lesser of:<br />
• appraised value (no closing costs, discount points or prepaid items), or<br />
• the original sales price of property (no closing costs, discount points or<br />
prepaid items).<br />
Note: A sales price need not be considered if the property was acquired as the<br />
result of inheritance and is, or will become, the borrower’s primary residence.<br />
• A combined TLTV of 85% of the appraised value may be used if the borrower<br />
has owned and occupied the subject property as their primary residence for at<br />
least one (1) year prior to loan application.<br />
Reference: See the TLTV Calculation subtopic in the Secondary Financing topic<br />
subsequently presented in this product description for additional information<br />
when secondary financing exists.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 48 of 217<br />
Correspondent Seller Guide
Cash-Out Refinances, Continued<br />
Maximum<br />
LTV/TLTV<br />
Acceptable<br />
Payment<br />
History<br />
Secondary<br />
Financing<br />
• If the borrower has owned and occupied the subject property as their primary<br />
residence for less than one (1) year prior to loan application, the maximum loan<br />
is limited to a combined TLTV of 85% of the lesser of:<br />
• appraised value (no closing costs, discount points or prepaid items), or<br />
• the original sales price of property (no closing costs, discount points or<br />
prepaid items).<br />
Note: A sales price need not be considered if the property was acquired as the<br />
result of inheritance and is, or will become, the borrower’s primary residence.<br />
• A combined TLTV of 85% of the appraised value may be used if the borrower<br />
has owned and occupied the subject property as their primary residence for at<br />
least one (1) year prior to loan application.<br />
Reference: See the TLTV Calculation subtopic in the Secondary Financing topic<br />
subsequently presented in this product description for additional information<br />
when secondary financing exists.<br />
• Mortgages with less than 6 months of payment history are not eligible for a cashout<br />
refinance.<br />
• Free and clear properties are eligible for cash-out refinances.<br />
• New subordinated financing is not allowed on any cash-out transaction.<br />
• If the secondary financing is an equity line, the maximum amount of the equity<br />
line is used in the calculation.<br />
• All existing liens (to be paid off or remain subordinate to the new first mortgage)<br />
must be seasoned for at least six (6) months (i.e., six (6) permanent mortgage<br />
payments made), with an acceptable payment history (i.e., no late payments of<br />
30 days or beyond).<br />
• When the LTV of the proposed first mortgage is 85%, no subordinate financing<br />
may remain on the loan regardless of the length of ownership.<br />
• Discount points, prepaid expenses and closing costs may not be included nor<br />
added to the properties appraised value.<br />
Reference: See the Lender Credit subtopic in the Contributions by Interested<br />
Parties topic for additional information.<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 49 of 217<br />
Correspondent Seller Guide
No Cash-Out with an Appraisal (Rate and Term Refinances)<br />
General • <strong>The</strong> existing mortgage being refinanced can be either a current <strong>FHA</strong>,<br />
conventional, or VA loan.<br />
• Requires an appraisal, full processing documentation and underwriting.<br />
Occupancy Owner-occupied only.<br />
<strong>The</strong> Maximum<br />
Insurable<br />
Mortgage<br />
Maximum Cash<br />
Back to the<br />
Borrower<br />
• <strong>The</strong> maximum insurable mortgage is based on the lesser of one (1) of the<br />
following two (2) calculations:<br />
• multiply the appraised value of the property by 97.75%, or<br />
Note: If the property was acquired less than one year before the loan<br />
application and is not already <strong>FHA</strong>-insured, the lesser of the current<br />
appraised value or original sales price of the property must be used.<br />
• the sum of the existing first lien, Pro Rata MIP (if paying off an <strong>FHA</strong><br />
mortgage, up to two [2] months) closing costs, prepaid expenses, borrower<br />
paid discount points, purchase money seconds, junior liens (not used to<br />
acquire the property) over 12 months old (i.e. 12 permanent mortgage<br />
payments made), prepayment penalties, accrued late charges, escrow<br />
shortages, borrower paid repairs required by the appraisal minus any refund<br />
of UFMIP (prepaid expenses are limited to per diem interest and<br />
hazard/flood insurance, property taxes and mortgage insurance impound,<br />
regardless of whether the lender refinancing the existing loan is also the<br />
servicing lender for that mortgage), and<br />
• the base loan amount may not exceed the maximum county loan limits for<br />
the property.<br />
Note: Any appraisal requirements, including, repairs, must be complied<br />
with before the mortgage is eligible for insurance endorsement.<br />
Reference: See the <strong>FHA</strong> Refinance <strong>Loan</strong> Amount Worksheet (COR 0333a)<br />
for assistance in calculating the loan amount.<br />
• <strong>The</strong> borrower may not receive cash back in excess of $500 at closing.<br />
• Delinquent interest may not be included. <strong>The</strong> refinance does not permit a<br />
borrower to obtain cash back by not making a mortgage payment when due.<br />
Reference: See the Lender Credit subtopic in the Contributions by Interested Parties<br />
topic for additional information.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 50 of 217<br />
Correspondent Seller Guide
No Cash-Out with an Appraisal (Rate/Term), continued<br />
Mortgage and<br />
Payoff<br />
Requirements<br />
Subordinate<br />
Liens<br />
Spousal Buy-<br />
Outs<br />
Seasoning<br />
Requirement<br />
• <strong>The</strong> mortgage being refinanced must be current for the month due.<br />
• <strong>The</strong> payment does not need to be paid for the month in which the loan<br />
closes/funds<br />
Note: If the closing/funding rolls over to the following month, the prior month’s<br />
payment cannot be included in the loan amount.<br />
• <strong>The</strong> amount of the existing first mortgage may include the interest charged by<br />
the servicing lender when the payoff will not likely be received on the first day of<br />
the month (as is typically assessed on <strong>FHA</strong>-insured mortgages).<br />
• Subordinate liens, including credit lines, may remain outstanding provided the<br />
<strong>FHA</strong> loan and subordinate lien meets the criteria outlined in the topic “Secondary<br />
Financing” of this product description.<br />
• If disbursements from an equity line exceed a total of $1,000 within the past<br />
twelve (12) month period and the funds were used for purposes other than<br />
repairs and rehabilitation of the subject property, the line of credit cannot be<br />
included in the new mortgage.<br />
• Subordinate financing, except purchase money seconds, must be seasoned<br />
twelve (12) months (i.e. twelve [12] permanent mortgage payments made) to be<br />
included in the loan amount.<br />
• New and existing subordinate financing is permitted up to a maximum TLTV of<br />
97.75%.<br />
Reference: See the TLTV Calculation subtopic in the Secondary Financing topic<br />
subsequently presented in this product description for additional information<br />
when secondary financing exists.<br />
• <strong>The</strong> amount of “specified equity” in a spousal buy-out is considered property<br />
related indebtedness and can be included in the new mortgage.<br />
• <strong>The</strong> “specified equity” must be documented in a recorded property settlement<br />
agreement or divorce decree.<br />
• If the borrower is newly separated and no property settlement agreement has<br />
been prepared, a legally recorded document prepared by an attorney specifically<br />
outlining the division of equity is acceptable to HUD.<br />
• If the subject property was purchased less than one (1) year prior to loan<br />
application and is not already <strong>FHA</strong>-insured, the maximum loan will be<br />
determined by using the lesser of the appraised value or the original sales price<br />
(plus the cost of any repairs or rehabilitation, with proper documentation).<br />
• If the subject property was purchased more than one (1) year prior to loan<br />
application, the maximum loan will be determined from the appraised value.<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 51 of 217<br />
Correspondent Seller Guide
Streamline Refinances<br />
General • Streamline refinances are designed to lower the monthly principal and interest<br />
(P&I) on a current <strong>FHA</strong> mortgage and must involve no cash back to the<br />
borrower, except for minor adjustments at closing not to exceed $500.<br />
• SunTrust Mortgage offers the following types of streamline refinance<br />
transactions:<br />
• Credit Qualifying Streamline Refinance with an appraisal, and<br />
• Credit Qualifying Streamline Refinance without an appraisal.<br />
• For credit qualifying transactions, SunTrust to SunTrust and non-SunTrust to<br />
SunTrust <strong>FHA</strong> streamline refinances are eligible for conforming and jumbo loan<br />
amounts. Unless otherwise stated, the guidelines below apply for both<br />
conforming and jumbo loan amounts.<br />
<strong>Loan</strong> Terms<br />
Streamline Refinance without an appraisal:<br />
• Term is lesser of 30 years or remaining term plus 12 years.<br />
Streamline Refinance with an appraisal:<br />
• 10, 15, 20, 25, and 30 year fixed rate<br />
Note: A reduction in the loan term without a net tangible benefit must be processed,<br />
underwritten, and closed as a no cash-out (rate/term) refinance.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 52 of 217<br />
Correspondent Seller Guide
Streamline Refinances, continued<br />
Maximum <strong>Loan</strong><br />
Amount<br />
Streamline Refinance without an Appraisal<br />
• <strong>The</strong> maximum total loan amount may not exceed the outstanding principal<br />
balance, plus interest due on the current mortgage, minus the applicable refund<br />
of the UFMIP, plus the new UFMIP.<br />
Notes:<br />
• Discount points may not be included in the new mortgage. If the borrower<br />
has agreed to pay discount points, document in the file that the borrower has<br />
the assets to pay the discount point, along with any other financing costs<br />
that are not included in the new loan amount.<br />
• Delinquent interest, late charges or escrow shortages may not be included<br />
in the outstanding principal balance of the mortgage being paid off for the<br />
maximum mortgage calculation.<br />
• SunTrust Mortgage will not purchase any <strong>FHA</strong> loan where the tax, hazard<br />
and/or flood insurance escrows are netted from the unpaid principal balance<br />
of the <strong>FHA</strong> loan being paid off (i.e. principal balance cannot be reduced by<br />
escrow account balance). Refunds of any tax and insurance escrow account<br />
balances are paid directly to the borrower within 30 days after the existing<br />
loan is paid off.<br />
• SunTrust Mortgage will not purchase any <strong>FHA</strong> loan where the tax, hazard,<br />
and/or flood insurance escrows are transferred (rolled) from the unpaid<br />
principal balance of the <strong>FHA</strong> loan being paid off, to the new loan, in order to<br />
fund the new escrow account. Refunds of any tax and insurance escrow<br />
account balances are paid directly to the borrower within 30 days after the<br />
existing loan is paid off.<br />
• <strong>The</strong> base loan amount may not exceed the maximum county loan limits for<br />
the property.<br />
• <strong>The</strong> borrower(s) for a non-owner occupied property, even if originally acquired as<br />
principal residences by the current mortgagors, may only refinance the<br />
outstanding balance of the existing mortgage.<br />
• <strong>FHA</strong> will compute a new LTV by dividing the new loan amount, exclusive of any<br />
UFMIP, by the lower of the sales price or appraised value that is in their Single<br />
Family Insurance System (SFIS) database for the existing loan being refinances.<br />
If there is missing information in the database and a computed value is not<br />
possible, only then will the new LTV default to 89.99%.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 53 of 217<br />
Correspondent Seller Guide
Streamline Refinances, continued<br />
Maximum <strong>Loan</strong><br />
Amount,<br />
(continued)<br />
Streamline Refinance with an Appraisal<br />
• <strong>The</strong> maximum total loan amount may not exceed the lower of:<br />
• Outstanding principal balance, plus interest due on the current mortgage,<br />
minus the applicable refund of the UFMIP, plus closing costs, plus prepaid<br />
items to establish the escrow account, plus the new UFMIP, or<br />
• 97.75% of the appraised value of the property, plus the new UFMIP.<br />
Notes:<br />
• Discount points may not be included in the new mortgage. If the borrower<br />
has agreed to pay discount points, document in the file that the borrower has<br />
the assets to pay the discount point, along with any other financing costs<br />
that are not included in the new loan amount.<br />
• Delinquent interest, late charges or escrow shortages may not be included<br />
in the outstanding principal balance of the mortgage being paid off for the<br />
maximum mortgage calculation.<br />
• SunTrust Mortgage will not purchase any <strong>FHA</strong> loan where the tax, hazard<br />
and/or flood insurance escrows are netted from the unpaid principal balance<br />
of the <strong>FHA</strong> loan being paid off (i.e. principal balance cannot be reduced by<br />
escrow account balance). Refunds of any tax and insurance escrow account<br />
balances are paid directly to the borrower within 30 days after the existing<br />
loan is paid off.<br />
• SunTrust Mortgage will not purchase any <strong>FHA</strong> loan where the tax, hazard,<br />
and/or flood insurance escrows are transferred (rolled) from the unpaid<br />
principal balance of the <strong>FHA</strong> loan being paid off, to the new loan, in order to<br />
fund the new escrow account. Refunds of any tax and insurance escrow<br />
account balances are paid directly to the borrower within 30 days after the<br />
existing loan is paid off.<br />
• <strong>The</strong> base loan amount may not exceed the maximum county loan limits for<br />
the property.<br />
• Any refund of UFMIP on the old mortgage (if originally financed) must be<br />
subtracted from the existing first lien (i.e., current loan payoff) in calculating the<br />
new mortgage amount.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 54 of 217<br />
Correspondent Seller Guide
Streamline Refinances, continued<br />
Net Tangible<br />
Benefit<br />
<strong>The</strong> borrower must receive one of the following net tangible benefits from the new<br />
transaction:<br />
• a 5% reduction to the principal and interest (P&I) of the mortgage payment plus<br />
the annual MIP, or<br />
• refinancing from an ARM to a fixed rate mortgage.<br />
Reducing the term of the mortgage alone is not a net tangible benefit. <strong>The</strong> table<br />
below illustrates the net tangible benefit requirements for streamline refinances.<br />
Refinancing …to a Fixed Rate<br />
… from a Fixed Rate<br />
… from a One-Year ARM<br />
… from a Hybrid ARM During<br />
Fixed Period<br />
… from a Hybrid ARM During<br />
Adjustable Period<br />
Reduction of at least 5% percent of P&I and MIP<br />
New interest rate no greater than two percentage<br />
points above the current interest rate of the ARM<br />
Reduction of at least 5% percent of P&I and MIP<br />
New interest rate no greater than two percentage<br />
points above the current interest rate of the<br />
Hybrid ARM<br />
Notes:<br />
• Mortgage payment includes principal, interest, and monthly MIP.<br />
• A reduction in loan term without a net tangible benefit requires the loan to be<br />
underwritten and closed as a rate and term (no cash-out) refinance.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 55 of 217<br />
Correspondent Seller Guide
Streamline Refinances, continued<br />
Seasoning<br />
Requirement<br />
Maximum Cash<br />
Back to<br />
Borrower<br />
Secondary<br />
Financing<br />
Eligible<br />
Occupancy/<br />
Property Types<br />
On the date of the new <strong>FHA</strong> case number assignment,<br />
• the borrower must have made at least six (6) payments on the existing <strong>FHA</strong> first<br />
mortgage and any subordinate financing<br />
• at least six (6) full months must have passed since the first payment due date of<br />
the refinanced first mortgage and any subordinate financing, and<br />
Example: <strong>The</strong> <strong>FHA</strong> case number on the mortgage being refinanced was closed<br />
on or before December 1st, and the borrower's first payment on that mortgage<br />
was due on January 1st. <strong>The</strong> lender may request assignment of an <strong>FHA</strong> case<br />
number for the refinancing mortgage no earlier than July 1st.<br />
• at least 210 days must have passed from the closing date of the current<br />
mortgage being refinanced.<br />
Streamline refinances are designed to lower the monthly principal and interest (P&I)<br />
on a current <strong>FHA</strong> mortgage and must involve no cash back to the borrower except<br />
for minor adjustments at closing not to exceed $500.<br />
• New subordinated financing is not allowed on any Streamline refinance<br />
transactions<br />
• Existing secondary financing may be subordinated, but it must be seasoned six<br />
(6) months (i.e., six (6) permanent mortgage payments made) prior to the date of<br />
the date of the new <strong>FHA</strong> case number assignment with 0x30 day late payments.<br />
• <strong>The</strong> maximum TLTV is as follows:<br />
• 105% for <strong>STM</strong> to <strong>STM</strong> transactions, and<br />
• 100% for non-<strong>STM</strong> to <strong>STM</strong> transactions.<br />
• Eligible for owner occupied, secondary, and investment properties.<br />
• Investment properties and second homes are only eligible for conforming<br />
streamline refinances without an appraisal.<br />
Note: Condominium Projects where the approval has been withdrawn must be a<br />
refinance without an appraisal.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 56 of 217<br />
Correspondent Seller Guide
Streamline Refinances, continued<br />
Employment/<br />
Income<br />
Verification<br />
Qualifying<br />
Ratios<br />
Credit<br />
Requirements<br />
Mortgage<br />
Payment<br />
History<br />
Asset<br />
Documentation<br />
Requirements<br />
Buydowns<br />
Appraisal<br />
Requirements<br />
Standard employment/income documentation requirements must be met as outlined<br />
in the Income topic subsequently presented in this product description.<br />
• <strong>The</strong> maximum upfront ratio is 31%.<br />
• <strong>The</strong> maximum back-end ratio is 43%.<br />
Note: Streamline refinances are not eligible for TOTAL Scorecard, they must be<br />
traditionally underwritten.<br />
• Minimum credit scores for all borrowers on streamline refinances are:<br />
• 640 for loan amounts =/< $417,000, and<br />
• 680 for loan amounts > $417,000.<br />
•<br />
• Note: Credit scores must be entered into <strong>FHA</strong> Connection.<br />
• <strong>The</strong> borrower must have a payment history of 0x30 day lates over the most<br />
recent 12 month history for the first mortgage.<br />
• Less than 12 month payment history is acceptable as long as there are no late<br />
payments for the life of the loan.<br />
Note: 6 month payment seasoning is required from the date of loan application with<br />
0x30 day lates on any existing subordinate financing as well as the existing first<br />
mortgage.<br />
Standard asset documentation requirements must be met as outlined in the Case<br />
Requirements topic subsequently presented in this product description.<br />
Buydowns are not eligible with streamline refinances.<br />
Streamline refinances may be done with or without an appraisal.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 57 of 217<br />
Correspondent Seller Guide
Streamline Refinances, continued<br />
<strong>Loan</strong><br />
Application<br />
CAIVRS<br />
LDP/GSA List<br />
TOTAL<br />
Scorecard<br />
Mortgage<br />
Insurance<br />
A full application is required.<br />
• Streamline refinances can be insured with or without an appraisal, and without<br />
HUD’s Credit Voice Alert Interactive Response System (CAIVRS).<br />
• Documentation of CAIVRS codes is not required.<br />
• <strong>The</strong> underwriter comments section of the <strong>FHA</strong> <strong>Loan</strong> Underwriting and<br />
Transmittal Summary must reflect LDP/GSA information.<br />
• <strong>The</strong> Fraud Prevention Certification (COR 0601) form, which includes LDP/GSA<br />
certification currently being used is required.<br />
• Streamline Refinance transactions are eligible for traditional underwritten and<br />
should not be submitted through TOTAL Scorecard (DU).<br />
Exception: If a streamline refinance is inadvertently submitted through TOTAL<br />
Scorecard, the loan must be traditionally underwritten, and the DE underwriter<br />
remains responsible for insuring all HUD and SunTrust Mortgage Credit<br />
streamline refinance guidelines are met (i.e., mortgage payment history,<br />
seasoning, etc.). Underwriters must also use their CHUMS ID for page three of<br />
the HUD/VA Addendum to Uniform Residential <strong>Loan</strong> Application (HUD 92900-A),<br />
<strong>FHA</strong> Connection, and the <strong>FHA</strong> <strong>Loan</strong> Underwriting and Transmittal Summary<br />
(HUD 92900-LT) for streamline refinances.<br />
Reference: See the MIP Premiums for Streamline Refinances ONLY subtopic<br />
subsequently presented in the Mortgage Insurance topic for additional information on<br />
mortgage insurance for streamline refinance transactions..<br />
Section 2.22 July 27, 2012<br />
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Secondary Financing<br />
General • Any financing other than the <strong>FHA</strong> first mortgage that creates a lien against the<br />
property is considered secondary financing, even those with “soft” or “silent”<br />
seconds (i.e., has no monthly repayment provisions or other features forgiving<br />
the debt).<br />
• Documentation from the provider of the secondary financing must show the<br />
amount of funds provided to the borrower and copies of the loan instruments are<br />
to be made part of the case binder file.<br />
• Costs incurred for participating in a down payment assistance secondary<br />
financing program may only be included in the amount of the second lien.<br />
• <strong>FHA</strong> reserves the right to reject any secondary financing that does not serve the<br />
needs of the intended borrower or where it believes the costs to the participants<br />
outweigh the benefits derived by the homebuyer.<br />
• All existing subordinated financing, whether it will be subordinated to the new<br />
SunTrust mortgage or will be paid off by the new SunTrust mortgage (unless<br />
<strong>FHA</strong>’s more restrictive twelve (12) month period applies), must be seasoned for<br />
at least six (6) months (i.e., six (6) permanent mortgage payments made) prior to<br />
application for the new SunTrust mortgage.<br />
• If new subordinated financing is being provided by a nonprofit, government entity<br />
or other business entity, the following is required:<br />
• Employer Identification Number (EIN) must be noted on the appropriate<br />
line(s) of the “Mortgage Information” section of the <strong>FHA</strong> <strong>Loan</strong> Underwriting<br />
and Transmittal Summary (HUD-92900-LT), and<br />
• the correct provider must be marked in the box below the EIN.<br />
• When the “Other” box is marked as the provider of secondary financing,<br />
the type of provider (i.e. employer, labor union) must also be identified.<br />
• Secondary financing subject to negative amortization is not acceptable.<br />
TLTV<br />
Calculation<br />
• <strong>The</strong> combined TLTV for a Purchase, Streamline Refinance, and Rate/Term<br />
Refinance transaction includes the proposed <strong>FHA</strong> first mortgage total loan<br />
amount (including any financed UFMIP) and any secondary financing, when<br />
secondary financing exists.<br />
• <strong>The</strong> combined TLTV for a Cash-out Refinance transaction includes the<br />
proposed <strong>FHA</strong> first mortgage base loan amount (excluding any financed<br />
UFMIP) and any secondary financing.<br />
Continued on next page<br />
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Secondary Financing, Continued<br />
Automated<br />
Underwriting<br />
Systems (AUS)<br />
Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU Freddie Mac LP<br />
• In all cases, the first mortgage data<br />
must include secondary financing<br />
data so that the TLTV is accurate.<br />
• Lenders must determine, outside of<br />
DU, the open date of any existing<br />
secondary financing to determine if<br />
it is eligible for inclusion in the new<br />
loan for rate/term refinances.<br />
• If secondary financing is a HELOC,<br />
the TLTV is based on the total<br />
available credit line, regardless of<br />
the balance.<br />
• In all cases, the first mortgage data<br />
must include secondary financing<br />
data so that the TLTV is accurate.<br />
• Lenders must determine, outside of<br />
LP, the open date of any existing<br />
secondary financing to determine if<br />
it is eligible for inclusion in the new<br />
loan for rate/term refinances.<br />
• If secondary financing is a HELOC,<br />
the TLTV is based on the total<br />
available credit line, regardless of<br />
the balance.<br />
Continued on next page<br />
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Secondary Financing, Continued<br />
Federal, State<br />
and Local<br />
Governmental<br />
Agencies<br />
• Secondary financing may be provided for the borrower’s full amount of down<br />
payment.<br />
• <strong>The</strong> second lien must be made or held by the eligible governmental body or<br />
instrumentality.<br />
• <strong>The</strong> first and second mortgages cannot result in cash back to the borrower at<br />
closing.<br />
• <strong>The</strong> sum of all financing cannot exceed 100% of the “cost to acquire” the<br />
property. “Cost to acquire” is defined as the sales price plus allowable<br />
borrower paid closing costs, discount points, prepaids, and repair and<br />
rehabilitation expenses. It does not include buydown funds, funds to pay<br />
off personal debts, or unallowable closing costs, such as tax service fees.<br />
• <strong>The</strong> maximum TLTV for SunTrust is 105%.<br />
• <strong>The</strong> “cost to acquire” may exceed the appraised value of the property under<br />
these types of government assistance programs.<br />
• <strong>The</strong> <strong>FHA</strong> insured first mortgage cannot exceed the <strong>FHA</strong> statutory limit for the<br />
area where the property is located. <strong>The</strong> combined indebtedness, however, may<br />
exceed the <strong>FHA</strong> statutory limit.<br />
• <strong>The</strong> source, amount, and repayment terms of the secondary financing must be<br />
disclosed in the mortgage loan application and the borrower must acknowledge<br />
that he/she understands and agrees to the terms.<br />
• <strong>The</strong> payment of the second mortgage is included in both the housing and debt<br />
ratios.<br />
Continued on next page<br />
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Secondary Financing, Continued<br />
Non-Profit<br />
Agencies<br />
• A non-profit agency, that is considered an instrumentality of the government and<br />
meets the criteria below may provide secondary financing when certain conditions<br />
are met:<br />
• must be type described in Section 501(c)(3) as exempt from taxation under<br />
Section 501(a) of the IRS code of 1986, and<br />
• have two(2) years’ experience as a provider of housing for low and moderate<br />
income persons, and<br />
• have a voluntary board with not part of the net earnings of the organization<br />
benefiting any member, founder, contributor, or individual.<br />
• A non-profit that meets the above criteria must also be approved by the local <strong>FHA</strong><br />
HOC office.<br />
• Additionally, if the non-profit agency is considered an instrumentality of<br />
government, the guidelines indicated in the above section (Federal, State and<br />
Local Governmental agencies) must be followed.<br />
• Non-profit agencies not meeting either of the preceding criteria may provide<br />
secondary financing only after the borrower has met the normal down<br />
payment requirement of 3.50% of the acquisition cost and the combined<br />
dollar amount of the first and second mortgages do not exceed the statutory<br />
limit for the area where the property is located.<br />
• <strong>The</strong> maximum TLTV for SunTrust is 105%.<br />
• Lenders must determine if the non-profit has received <strong>FHA</strong> approval by checking<br />
the appropriate HOC web site for a list of all approved non-profit agencies. Click<br />
here for a roster of HUD approved nonprofits providing secondary financing.<br />
Note: HUD may add or remove nonprofit entities from this list, it is important to<br />
view the most current list at all times.<br />
• A copy of the roster showing <strong>FHA</strong>’s approval of the non-profit must be included<br />
letter in the loan file.<br />
• If the non-profit agency is not listed on the HOC web site, the non-profit agency is<br />
not eligible at this time. Approval must be granted from the local HOC. <strong>The</strong> nonprofit<br />
may submit an application for approval following instructions established by<br />
the local HOC.<br />
• Non-profit agencies not meeting either of the preceding criteria may provide<br />
secondary financing only after the borrower has met the normal down payment<br />
requirement of three and one half (3.50%) and the combined dollar amount of the<br />
first and second mortgages do not exceed the statutory limit for the area where<br />
the property is located.<br />
• <strong>The</strong> maximum TLTV for SunTrust is 105%.<br />
• <strong>The</strong> approval is effective for two (2) years, after which time the non-profit must<br />
submit updated program information to HUD for renewal.<br />
• See the Gift/Grant Funds subtopic in the Cash Requirements topic for down<br />
payment assistance programs and additional guidelines.<br />
• Click here to access <strong>FHA</strong> Mortgagee Letter 2002-22 for additional information on<br />
down payment assistance programs operated by Governmental Agencies and<br />
Non-profits using subordinate financing.<br />
Continued on next page<br />
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Secondary Financing, Continued<br />
Other<br />
Organizations<br />
and Private<br />
Individuals<br />
Family Member<br />
<strong>Loan</strong>s<br />
• <strong>The</strong> repayment terms of the second mortgage must meet the following<br />
requirements:<br />
• it cannot provide for a balloon payment before ten (10) years unless the<br />
property is sold or refinanced, and<br />
• it must permit prepayment by the borrower, without penalty, after giving the<br />
lender 30 days advance notice, and<br />
• the required monthly payment under both the insured mortgage and the<br />
second mortgage or lien, plus other housing expenses and all recurring<br />
charges, cannot exceed the borrower’s reasonable ability to pay. Any<br />
periodic payments due on the second mortgage are due monthly and are<br />
substantially the same in amount.<br />
• <strong>The</strong> combined first and second mortgages cannot exceed the applicable LTV<br />
based on type of transaction or the maximum mortgage limit for the area.<br />
Reference: See the topic Refinances for additional information.<br />
• Family members may lend up to one hundred percent (100.00%) of the required<br />
down payment on a secured or unsecured basis to the borrower to assist with<br />
the costs of acquiring a home (i.e., down payment, closing costs, prepaid<br />
expenses, and discount points). HUD defines family member for this purpose as<br />
only those listed below:<br />
• child, stepchild, parent, or grandparent of the borrower or borrower’s spouse,<br />
• legally adopted sons or daughters (and a child who is a member of<br />
borrower’s household, if placed by an authorized agency for legal adoption<br />
by the borrower), or<br />
• foster children.<br />
• <strong>The</strong> following terms and conditions apply when the borrower is obtaining a loan<br />
from a family member:<br />
• if the loan from the family member is secured by the subject property,<br />
whether borrowed from an acceptable source or the family member’s own<br />
savings, only the family member provider may be the note holder (i.e.,<br />
cannot be parent and brother). Additionally, the homebuyer (our borrower)<br />
cannot be a co-obligor on that note.<br />
• the combined amount of financing may not exceed 100% of the lesser of the<br />
property’s value or sales price, plus normal closing costs, prepaid expenses,<br />
and discount points.<br />
• the maximum TLTV for SunTrust is 105%.<br />
Continued on next page<br />
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Secondary Financing, Continued<br />
Family Member<br />
<strong>Loan</strong>s,<br />
(continued)<br />
<strong>FHA</strong> <strong>Loan</strong><br />
Underwriting<br />
and Transmittal<br />
Summary<br />
(HUD-92900-LT)<br />
• although the family member may lend one hundred percent (100.00%) of the<br />
cash requirements, cash back to the homebuyer (except for refund of<br />
earnest money deposit) at closing is unacceptable.<br />
• the secondary financing payments are included in the total debt-to-income<br />
ratio (i.e., the back-end ratio) for qualifying purposes.<br />
• the second lien may not have a balloon payment within five years from the<br />
date of execution.<br />
• if the family member providing the secondary financing borrowers those<br />
funds, the source may not be any entity with an identity of interest in the sale<br />
of the property. This includes the seller, builder, loan officer, real estate<br />
agent, etc.<br />
• mortgage companies that have retail banking affiliates may have that entity<br />
make a loan to the family member providing the secondary financing to the<br />
homebuyer (our borrower). However, the loan may not have more favorable<br />
terms and conditions than to other borrowers.<br />
• an executed copy of the document outlining the terms of secondary<br />
financing must be maintained in the lender’s file and also provided in the<br />
<strong>FHA</strong> case binder file.<br />
<strong>The</strong> following items need to be indicated on the <strong>FHA</strong> <strong>Loan</strong> Underwriting and<br />
Transmittal Summary (HUD-92900-LT):<br />
• 2nd mortgage proceeds,<br />
• 2nd mortgage monthly payment, and<br />
• Underwriter comments - provide details on 2nd mortgage (i.e., lender, term,<br />
payment).<br />
Continued on next page<br />
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Secondary Financing, Continued<br />
SunTrust<br />
Internal<br />
Employees:<br />
Tracking<br />
Secondary<br />
Financing in<br />
MLCS<br />
For all loans where secondary financing , including community seconds, is present,<br />
the following information must be appropriately identified in MLCS for tracking<br />
purposes:<br />
• 03-11 flow<br />
• MOE Screen - “Other Lien Indictor” as “1” second lien (not combo); FTHB<br />
field (Y) if applicable; and input amount of secondary financing in “<strong>Loan</strong><br />
Amount” under “Other Financing Info,” and<br />
• M82 Screen (Government Only) - complete “amount of secondary financing”<br />
input amount of secondary financing; “NP/Gov’t EIN field” - input EIN of<br />
secondary financing provider; “source secondary financing” field with one of<br />
the following source codes from the table below:<br />
Code Secondary Financing Source<br />
01 Originating Lender<br />
02 Other Financial Institution<br />
03 Federal Government <strong>Program</strong><br />
04 State Government <strong>Program</strong><br />
05 Local Government <strong>Program</strong><br />
06 Employer<br />
08 Not Applicable<br />
09 Property Seller<br />
10 Other<br />
11 Non Profit Organization<br />
12 Relative<br />
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Secondary Financing, Continued<br />
Documenting a<br />
Modified HELOC<br />
<strong>The</strong> following table shows information regarding the modification of Home Equity<br />
Lines of Credit (HELOCs).<br />
Non-AUS <strong>Loan</strong>s Fannie Mae DU<br />
“Approve/Eligible”<br />
• Lenders in some cases must reduce the available line<br />
of credit on a HELOC to meet the new first mortgage’s<br />
TLTV and the HTLTV requirements. Obtain one of the<br />
following forms of documentation to show a modified<br />
line amount for a HELOC:<br />
1. A complete and recorded Modification Agreement<br />
(fully executed by the HELOC lender and all<br />
borrowers under the HELOC).<br />
2. In the event the recorded modification agreement is<br />
not back from recordation, an unrecorded<br />
modification agreement fully executed reflecting the<br />
instrument number or other evidence of submission<br />
for recordation stamped by the recorders’ office<br />
(certified by the clerk of court).<br />
3. A written agreement between the HELOC lender<br />
and the borrower agreeing to the reduction in the<br />
credit line amount to a specific amount as of a<br />
particular date. All borrowers must sign the written<br />
agreement.<br />
4. A cover letter from the HELOC lender on company<br />
letterhead reflecting a signature from the<br />
appropriate company representative that includes<br />
confirmation of the reduced credit line to a specific<br />
amount as of a specific date, along with evidence<br />
of the borrower’s request/consent to the reduction<br />
(preferably in writing).<br />
• Note: Obtain items 1 or 2 for the best evidence of<br />
documenting this change whenever possible. Items 3<br />
and 4 are acceptable when the first two are not<br />
available. In this case, it is mandatory to maintain<br />
appropriately signed documentation.<br />
• If you cannot obtain one of the above forms of<br />
documentation, use the original line amount of the<br />
HELOC to calculate the TLTV/HTLTV for the new first<br />
mortgage.<br />
<strong>Loan</strong>s<br />
• Non-AUS<br />
guidelines apply.<br />
•<br />
Freddie Mac LP<br />
“Accept/Eligible”<br />
<strong>Loan</strong>s<br />
• Non-AUS<br />
guidelines<br />
apply.<br />
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Geographic Restrictions<br />
Introduction <strong>The</strong> following table shows applicable geographic restrictions.<br />
State Restriction<br />
Florida • Condominiums located in the state of Florida are not eligible.<br />
• Cash-out refinance transactions are limited to a LTV/TLTV of 80.00%.<br />
Georgia Properties containing Georgia Power Company leasehold agreements are not eligible<br />
for financing with SunTrust.<br />
New York As a result of state legislation, primary residences are not eligible if the transaction is<br />
determined to be a “subprime home loan”.<br />
Texas Cash-out refinances not eligible.<br />
Reference: See Section 1.02: Eligible Mortgage <strong>Loan</strong>s of the Correspondent Seller Guide for SunTrust<br />
specific geographic restrictions that may apply to Texas and Hawaii.<br />
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Occupancy/Property Types<br />
General HUD will accept 1-4 family units. <strong>The</strong> mortgaged premises must be a detached or<br />
semi-detached dwelling, row dwelling, townhouse, or unit within a condominium<br />
project or PUD.<br />
Primary<br />
Residences<br />
Three and Four<br />
Unit Properties<br />
• <strong>The</strong> primary borrowers, for the majority of the calendar year, must occupy the<br />
property.<br />
• Occupancy must take place within 60 days after signing the security instrument,<br />
with continued occupancy for one (1) year.<br />
Reference: See the Transactions Affecting Maximum Mortgage Calculations<br />
subtopic previously presented in the <strong>Loan</strong> Terms topic for additional information.<br />
• Three and four-unit properties, regardless of occupancy status, must be selfsufficient,<br />
i.e., the maximum mortgage is limited so that the ratio of the monthly<br />
mortgage payment divided by the monthly net rental income does not exceed<br />
100 percent.<br />
• <strong>The</strong> monthly payment is defined as principal, interest, taxes, and insurance,<br />
including mortgage insurance (PITI), as well as any homeowner’s association<br />
dues, computed at the note rate (no consideration for buydowns may be given).<br />
• Net rental income is the appraiser’s estimate of fair market rent from all units,<br />
including the unit chosen by the borrower for occupancy, less the <strong>FHA</strong> office’s<br />
allowance for vacancies and maintenance (or 25% if the local <strong>FHA</strong> has not<br />
established a separate allowance).<br />
• <strong>The</strong> above calculation is used only to determine the maximum loan amount.<br />
Borrowers must still qualify for the mortgage based on income, credit, cash to<br />
close, and the projected rents received from the remaining units. <strong>The</strong> projected<br />
rent may only be considered as gross income for qualifying purposes; it may not<br />
be used to offset the monthly mortgage payment.<br />
• <strong>The</strong> borrower must have a reserve of three (3) months’ mortgage payments<br />
(PITI) after closing on all transactions. <strong>The</strong> following assets are not considered<br />
cash reserves:<br />
• equity in other properties,<br />
• proceeds from a cash-out refinance (if this is the subject transaction),<br />
• gift funds, and<br />
• funds that are borrowed against a liquid account (i.e., 401k loan).<br />
• <strong>FHA</strong>’s Hotel and Transient Use Certification (HUD form 92561) must be signed<br />
by the borrower and included in the case binder file.<br />
Continued on next page<br />
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Occupancy/Property Types, Continued<br />
Second Homes • Second homes are not eligible for HUD financing; however, HUD will grant a<br />
hardship exception on a case-by-case basis. <strong>The</strong> maximum LTV for such cases<br />
is limited to 85%. Such an exception must be requested through the local HOC<br />
in writing and must meet the conditions listed below.<br />
Note: Second homes (if allowed) are limited to 75% LTV/TLTV in the State of<br />
Florida.<br />
• <strong>The</strong> secondary residence must not be a vacation home or otherwise used<br />
primarily for recreational purposes.<br />
• <strong>The</strong> borrower must require the secondary residence due to seasonal<br />
employment, or employment relocation, or other circumstances not related to<br />
recreational use.<br />
• <strong>The</strong>re must be a demonstrated lack of affordable rental housing in the area to<br />
meet the needs of the borrower or to be within a reasonable commuting distance<br />
of the borrower’s employment. Documentation to support this must include:<br />
• satisfactory explanation from the borrower of his/her need and that rental<br />
housing meeting these needs is not available, and<br />
• written evidence from local real estate professionals showing a lack of rental<br />
housing.<br />
• HUD conditional commitments issued on or after February 5, 1988 but before<br />
January 27, 1991 must bring the outstanding mortgage down to 85% LTV.<br />
• Commitments issued after January 27, 1991 may not be assumed as second<br />
homes.<br />
• <strong>The</strong> original appraised value or current appraised value may be used to<br />
determine LTV.<br />
Automated Underwriting System (AUS) Information<br />
• Second homes are not eligible for DU or LP.<br />
Continued on next page<br />
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Occupancy/Property Types, Continued<br />
Investment<br />
Properties<br />
• Investment properties are eligible for HUD-insured mortgages under the<br />
following programs or circumstances:<br />
• purchases of HUD owned REO properties, when permitted by the local <strong>FHA</strong><br />
office selling the property (the max LTV is 75% for one-family dwellings and<br />
85% for 2-4 family dwellings), and/or<br />
• streamline refinances without an appraisal<br />
• SunTrust requires borrowers financing an investment property MUST reside in<br />
the state where the subject property is located, EXCEPT when the property is<br />
located within a 100 mile radius of the borrower’s primary residence.<br />
• Investors who meet the credit guidelines may assume mortgages on properties<br />
purchased under these programs. This includes those mortgages on investment<br />
properties that were purchased prior to 1989 that have since been streamline<br />
refinanced.<br />
• Rate/Term and Cash Out refinance transactions are NOT eligible.<br />
References:<br />
• S Streamline Refinance topic previously presented for additional information.<br />
• HUD Property Disposition (PD) properties in the Occupancy/Property Types<br />
topic in this product description for additional information.<br />
Automated Underwriting System (AUS) Information<br />
Investment properties are not eligible for DU or LP.<br />
Continued on next page<br />
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Occupancy/Property Types, Continued<br />
Condominiums General<br />
• Correspondent clients that have a Direct Endorsement underwriter on staff may<br />
approve condominium projects using the Direct Endorsement Lender Review and<br />
Approval Process (DELRAP) or make the decision to submit the condominium<br />
project to HUD for the HUD Review and Approval Process (HRAP).<br />
• Only <strong>FHA</strong> loans secured by HUD approved condominium projects within the past<br />
2 years of original HUD approval may continue to be originated by the<br />
Correspondent client, except in the State of Florida.<br />
• SunTrust requires a minimum square footage of 600 square feet for<br />
condominiums.<br />
Planned Unit<br />
Developments<br />
(PUDs)<br />
Note: Condominium units less than the 600 square foot minimum will be<br />
considered on a case by case basis in urban areas where similar units are readily<br />
marketable. <strong>The</strong> appraisal must include comparables supporting market<br />
acceptance.<br />
• Condominium units must include a kitchen serviced by full-sized appliances, and<br />
cannot include any form of built-in sleeping accommodations.<br />
Reference: See the SunTrust Condominium and PUD Approval Requirements<br />
document for additional information.<br />
• PUDs do not require pre-approval by <strong>FHA</strong> or the underwriter.<br />
Note: PUDs with “Rights of First Refusal” are not eligible for <strong>FHA</strong> financing, per<br />
SunTrust Mortgage.<br />
• A PUD is defined as a mixed-use residential development of single-family<br />
dwellings in conjunction with rental, condominium, cooperative or town house<br />
properties. A residential development should be processed as a PUD if it has<br />
the following minimum characteristics:<br />
• a homeowner association that holds either title in fee or a lease of prescribed<br />
length on the common area,<br />
• mandatory membership of all unit owners (or units) in the association,<br />
• the right of all unit owners to participate by vote in the operation of the<br />
association,<br />
• lien supported assessment of the members to meet the association’s<br />
budgeted operating costs (special assessments may be handled differently),<br />
and<br />
• the appraisal for a detached PUD must be ordered as a detached PUD, not<br />
as a single family residence.<br />
Continued on next page<br />
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Occupancy/Property Types, Continued<br />
HUD REO<br />
Properties<br />
Only Correspondent lenders that have a Direct Endorsement underwriter on<br />
staff may underwrite and submit HUD REO property transactions to SunTrust<br />
for purchase review and funding.<br />
• HUD may contribute up to three percent (3.00%) of the property’s gross<br />
purchase price towards the borrower’s allowable closing costs, including up to<br />
one percent (1.00%) of the loan origination fee.<br />
• If the borrower’s total closing costs reflected on the HUD I Settlement Statement<br />
are less than the amount indicated as being paid by HUD on the sales contract,<br />
HUD will credit ONLY the actual costs charged and will not credit the purchaser<br />
with any difference, either in cash or through a reduced purchase price.<br />
• <strong>The</strong> appraiser MUST be state certified with an unexpired license.<br />
• HUD REO appraisal reports are valid for 120 days from the effective date of the<br />
appraisal report.<br />
• A valid HUD REO sales construct must be ratified within 120 days of the<br />
appraisal effective date, or a new appraisal or an Appraisal Update and/or<br />
Completion Report (Fannie Mae form 1004D/Freddie Mac form 442) must be<br />
obtained.<br />
Reference: See the Fannie Mae Form 1004D/Freddie Mac Form 442 (Appraisal<br />
Update and/or Completion Report) subtopic in the Appraisal Requirements topic<br />
subsequently presented for additional information regarding appraisal updates.<br />
• A second appraisal may not be obtained simply to support a purchase price that<br />
is higher than the value on the current appraisal.<br />
• A second appraisal can only be ordered by the Correspondent Lender to support<br />
a higher sales price if there are material deficiencies with the current appraisal or<br />
the current appraisal will not be valid on the date of contract ratification.<br />
• <strong>The</strong> DE Underwriter is responsible for determining if there are material<br />
deficiencies in the current HUD REO appraisal.<br />
• When a second appraisal on a HUD REO property is obtained, the DE<br />
Underwriter must document why a second appraisal was ordered and retain both<br />
appraisal copies in the loan file.<br />
Note: HUD REO properties that are approved for the reduced down payment<br />
option (HUD REO $100 Down Payment <strong>Program</strong>) may not be registered on<br />
<strong>STM</strong><strong>Partners</strong> these loans must be manually registered.<br />
• <strong>The</strong> UFMIP can be financed into the total loan amount. <strong>The</strong> total loan amount<br />
may never exceed 100% of the “as is” appraised value.<br />
• Closing costs and prepaids may not be included in the mortgage.<br />
Continued on next page<br />
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Occupancy/Property Types, Continued<br />
<strong>203</strong>(b) with<br />
Repair Escrow<br />
Leasehold<br />
Estates<br />
Resale/Deed<br />
Restrictions<br />
Manufactured<br />
Housing<br />
Properties<br />
Purchased at<br />
Auction<br />
Only Correspondent lenders that have a Direct Endorsement underwriter on<br />
staff may underwrite and submit <strong>203</strong>(b) with Repair Escrow property<br />
transactions to SunTrust for purchase review and funding. Property repairs<br />
must be complete for SunTrust to purchase the loan.<br />
Note: SunTrust is not currently accepting the <strong>FHA</strong> <strong>203</strong>(k) Streamlined Refinances<br />
offered by HUD.<br />
Reference: See General Section 1.10: Leasehold Estate Guidelines of the<br />
Correspondent Seller Guide for a complete overview of leasehold estate<br />
requirements.<br />
Reference: See General Section 1.16a: Resale/Deed Restrictions of the<br />
Correspondent Seller Guide for a complete overview of Resale/Deed Restrictions<br />
requirements.<br />
Manufactured homes are not eligible for financing through SunTrust Mortgage.<br />
Reference: See the Properties Purchased at Auction in Section 1.25 Properties<br />
Purchased at Auction in the Correspondent Seller Guide for guidelines.<br />
Continued on next page<br />
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Occupancy/Property Types, Continued<br />
Properties<br />
Recently Listed<br />
for Sale<br />
Short Sale<br />
Property<br />
Properties with<br />
City or County<br />
Restrictions<br />
Ineligible<br />
Property Types<br />
• <strong>The</strong> appraiser must note on the appraisal if a property was listed for sale in the<br />
last 12 months.<br />
• If the property is currently listed for sale when the appraisal is completed, the<br />
appraiser must note that it is currently listed for sale.<br />
• If a property was listed for sale in the last 12 months and the borrower was the<br />
owner of the property at the time it was listed for sale, the following applies:<br />
• for Rate/Term refinances:<br />
• the property must be taken off the market on or prior to the application<br />
(i.e., 1003) date,<br />
Note: If the property is currently listed for sale, documentation must be<br />
provided that the listing agreement is terminated (it is NOT okay just to take<br />
the “For Sale” sign down)!<br />
• when the subject property is the borrower’s primary residence, the<br />
borrower must confirm in writing their intent to occupy the subject<br />
property by signing an occupancy affidavit at closing, and<br />
• the current maximum LTV/TLTV ratios for the transaction apply.<br />
• for cash-out refinances:<br />
• the property must have been taken off the market for at least 90 days<br />
prior to loan application, and<br />
• if the property was listed for sale within the six (6) months preceding the<br />
application (i.e., 1003) date, the maximum LTV/TLTV is limited to 70%.<br />
Reference: See the Section 1.28: Short Sale and Restructured Mortgage <strong>Loan</strong>s<br />
document for additional information.<br />
• All properties must meet city or county restrictions (i.e., a restriction that requires<br />
all city/county employees to live within the city/county limits).<br />
• It is the lender’s responsibility to verify that any restrictions are met to assure<br />
HUD’s issuance of the Mortgage Insurance Certificate (MIC).<br />
<strong>The</strong> property types listed below are ineligible for HUD financing by SunTrust.<br />
• Commercial enterprises<br />
• Boarding houses<br />
• Hotels and motels<br />
• Tourist houses<br />
• Private clubs<br />
• Bed and breakfast establishments<br />
• Fraternity or sorority houses<br />
• Sinkhole Home (even if repaired)<br />
• Cooperatives<br />
• Manufactured Housing<br />
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Eligible Borrowers<br />
AUS<br />
Information<br />
Borrowers 60<br />
Years of Age<br />
• For Fannie Mae DU, the number of borrowers on a loan is limited to 4.<br />
• For Freddie Mac LP, the number of borrowers on a loan is limited to 5.<br />
• Borrowers 60 years of age or older may borrow the required down payment for<br />
purchasing a principal residence, provided the guidelines listed below are met.<br />
• <strong>The</strong> donor or lender is a relative of the borrower, a close friend with clearly<br />
defined interest in the borrower, the borrower’s employer, or an institution<br />
established for humanitarian or welfare purposes.<br />
• <strong>The</strong> donor or lender is not one whose interest is solely in the sale of the<br />
property, such as a builder or seller, or any person or organization<br />
associated with them.<br />
• <strong>The</strong> principal amount of the insured mortgage loan, plus the Note or other<br />
evidence of indebtedness in connections with the property, may not exceed<br />
100% of the value plus prepaid expenses.<br />
• <strong>The</strong> note or other evidence of indebtedness may not bear interest exceeding<br />
that of the insured mortgage.<br />
• Evidence that these conditions are met must accompany the application.<br />
Co-Borrowers • A co-borrower is eligible under the following conditions:<br />
• must be on the title, note and security instrument.<br />
• the co-borrower’s income, liabilities, assets and credit history is used to<br />
determine creditworthiness,<br />
• the co-borrower does not have an interest in the transaction (i.e., seller,<br />
builder or real estate agent), exceptions may be granted if seller and coborrower/co-signer<br />
are related to the owner by blood, marriage or law),<br />
• if the parent is selling to a child, the parent cannot be co-borrower with the<br />
child on the new mortgage unless the loan-to-value is 75.00% or less, and<br />
• the co-borrower must be eligible for participation (not suspended or debarred<br />
or owe any delinquent Federal debts).<br />
• Non-occupant co-borrowers must have a principal residence in the U.S. unless<br />
otherwise exempted (i.e., military service with overseas assignments, U.S.<br />
citizens living abroad). While <strong>FHA</strong> does not object to legitimate transactions<br />
where non-occupant borrowers assist in the financing of the property, this<br />
arrangement may not be used by non-occupant borrowers to develop a portfolio<br />
of rental properties. A non-occupant co-borrower is only eligible on a one (1)<br />
unit property.<br />
• Non-occupant co-borrowers or co-signers are not permitted on cash-out<br />
transactions.<br />
• When there are two (2) or more borrowers, but one or more will not occupy the<br />
property as a principal residence, the maximum mortgage is usually limited to<br />
75.00% LTV; however, maximum financing is available for borrowers related by<br />
blood, marriage or law that meet the requirements shown in “Maximum <strong>Loan</strong><br />
Amount.”<br />
Note: All references to co-borrowers, including the 75.00% LTV limits, apply equally<br />
to co-signers (except co-signers do not take title or sign the security instrument).<br />
Continued on next page<br />
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Eligible Borrowers, Continued<br />
Co-Borrowers,<br />
(continued)<br />
Corporations,<br />
<strong>Partners</strong>hips or<br />
Sole<br />
Proprietorships<br />
References:<br />
• See Co-signers subtopic subsequently presented in this topic for additional<br />
information.<br />
• See the subtopic Maximum <strong>Loan</strong> Amount and LTV in the topic <strong>Loan</strong> Terms for<br />
additional information on non-occupying co-borrowers and Identity of Interest<br />
transactions.<br />
HUD will not insure loans made solely in the name of a business entity or trust (i.e.,<br />
corporation, partnership, or sole proprietorship) except for streamline refinances in<br />
which the mortgage was originally insured in the name of a business. However,<br />
there are rare instances where the local HUD office will make exceptions. Some of<br />
the guidelines are as follows:<br />
• one (1) or more individuals along with the business entity must be analyzed for<br />
creditworthiness.<br />
• the individual(s) and the business entity must appear on the mortgage note.<br />
• the business entity, trust or individual(s) may appear on the property deed or<br />
title.<br />
• all parties appearing on the property deed or title must also appear on the<br />
security instrument.<br />
• the subject property is investment property and must conform to the guidelines<br />
and limitations of investment property.<br />
• local HUD office prior approval is required with documentation evidencing<br />
approval in file.<br />
Reference: See the HUD 4155 for additional information for non-profit organizations.<br />
Co-Signers • A co-signer does not have an ownership interest in the property (does not take<br />
title) but is liable for repaying the obligation and must sign all documents with the<br />
exception of the security instruments.<br />
• <strong>The</strong> co-signer’s income, assets, liabilities, and credit history are considered in<br />
determining creditworthiness for the mortgage.<br />
• <strong>The</strong> co-signer must complete and sign the application.<br />
• All other items applicable to co-borrowers also apply to co-signers.<br />
• Non-occupant co-signers are not permitted on cash-out transactions.<br />
Continued on next page<br />
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Eligible Borrowers, Continued<br />
First Time<br />
Homebuyers<br />
HUD<br />
Employees<br />
Definition<br />
• An individual who has had no ownership in a principal residence in the three (3)<br />
years prior to the closing date of the loan.<br />
• An individual who, though having owned a home in the previous three (3) years,<br />
owned a home with a former spouse while married and is no longer living in the<br />
property (as evidenced by the divorce decree and/or separation agreement).<br />
Counseling Requirement<br />
• HUD still recommends housing counseling for the purchase of a property.<br />
However there is no reduction in UFMIP for attending housing counseling.<br />
• <strong>Loan</strong> applications for HUD employees may be processed and underwritten by<br />
the lender; however, they must be submitted to the attention of the Processing<br />
and Underwriting Division Direction at the jurisdictional HOC for final signoff and<br />
approval PRIOR to closing.<br />
• SunTrust will accept a Purchase, Streamline Refinance, Rate/Term or Cash Out<br />
Refinance transaction.<br />
Note: Streamline refinance applications do not require final HUD sign-off prior to<br />
closing.<br />
Continued on next page<br />
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Eligible Borrowers, Continued<br />
Living Trusts Living trusts are eligible for HUD financing under the following conditions:<br />
• the borrower must remain the beneficiary,<br />
• the borrower must occupy the subject property as a primary residence,<br />
• the trust must provide reasonable means to assure the lender that it will be<br />
notified of any subsequent change of occupancy or transfer of beneficial interest,<br />
• the trust must appear on the security instrument (i.e., mortgage, deed of trust, or<br />
security deed),<br />
• the individual borrower must appear on the security instrument when required to<br />
create a valid lien under state law (otherwise, he/she is not required to appear),<br />
and<br />
• the owner-occupant, if any, and other borrower(s) must appear on the Note<br />
along with the trust; however, the individual borrower is not required to appear<br />
on the property deed or title.<br />
Military<br />
Personnel<br />
Military personnel are eligible for maximum financing if a member of the immediate<br />
family will occupy the subject property as a principal residence, even if the active<br />
duty borrower is stationed elsewhere.<br />
Continued on next page<br />
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Eligible Borrowers, Continued<br />
Non-Permanent<br />
Resident Aliens<br />
Non-<br />
Purchasing<br />
Spouses<br />
Reference: See Section 1.24: Non-Permanent Resident Alien Guidelines in the<br />
Correspondent Selling Guide for additional non-permanent resident alien guidelines.<br />
• If it is required by state law in order to perfect a valid and enforceable first lien,<br />
the non-purchasing spouse may be required to sign either the security<br />
instrument or documentation evidencing that he/she is relinquishing all rights to<br />
the property.<br />
• If the non-purchasing spouse executes the security for such reasons, he/she is<br />
not considered a borrower for HUD’s purposes and does not need to sign the<br />
loan application.<br />
• Except for those obligations specifically excluded by state law, the debts of the<br />
non-purchasing spouse must be considered in the qualifying ratios if the<br />
borrower resides in a community property state or the property to be insured is<br />
located in a community property state.<br />
• If the borrower resides in a community property state or the property is located in<br />
a community property state, a credit report must be obtained.<br />
• <strong>The</strong> non-purchasing spouse’s credit history is not to be considered a reason for<br />
credit denial.<br />
• HUD requires that DE underwriters know the state laws concerning community<br />
property and apply them appropriately to ensure that there is no increased risk to<br />
HUD.<br />
Continued on next page<br />
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Eligible Borrowers, Continued<br />
Ownership in<br />
Unit Limitation<br />
• If the borrower owns any type of financial interest (any type of ownership<br />
regardless of type of financing) in seven (7) or more rental dwelling units when<br />
the property is part of, adjacent to or contiguous to a property, subdivision, or<br />
group of properties owned by the borrower, he/she is not eligible for <strong>FHA</strong><br />
financing on a property located within the contiguous area.<br />
• A contiguous area is typically defined as an area with a two (2)-block radius (i.e.,<br />
condo project or PUD).<br />
• Each dwelling unit in two-, three-, and four-family properties counts towards the<br />
seven-unit limitation. <strong>The</strong> rental units in an owner-occupied two-, three-, or fourunit<br />
property also count toward this limitation.<br />
• Hotel and Transient Use Certification (HUD form 92561) signed by the borrower<br />
must be obtained for every application on a two, three and four family dwelling,<br />
OR a single family dwelling which is one of a group of five or more dwellings held<br />
by the same borrower.<br />
Parties in Title • Non-borrowing spouses or other non-borrowing parties may hold title to an <strong>FHA</strong><br />
insured property; however, a valid and enforceable first lien on the property<br />
under state law is still required.<br />
• All parties appearing on the property deed or title must also appear on the<br />
security instrument (i.e., mortgage, deed of trust, security deed).<br />
• <strong>The</strong> only exception would be in the event of a Living Trust. <strong>The</strong> Trust must<br />
appear on the security instrument (i.e., mortgage, deed of trust, security deed).<br />
<strong>The</strong> individual borrower(s) is not required to appear on the property deed or title.<br />
Reference: See Living Trusts within this topic for additional information.<br />
Continued on next page<br />
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Eligible Borrowers, Continued<br />
Permanent<br />
Resident Aliens<br />
• Lawful Permanent Resident aliens are given the same consideration as United<br />
States citizens.<br />
• A permanent resident alien is an individual who is lawfully accorded the privilege<br />
of residing permanently in the United States.<br />
• <strong>The</strong> borrower must have a valid social security number (a taxpayer ID number is<br />
unacceptable).<br />
• <strong>The</strong> borrower must have evidence of permanent residency and indicate on the<br />
Uniform Residential <strong>Loan</strong> Application (URLA) that he/she is a lawful permanent<br />
resident alien.<br />
• <strong>The</strong> United States Citizenship and Immigration Services (USCIS) within the<br />
Department of Homeland Security issues evidence of lawful permanent<br />
residency.<br />
• <strong>The</strong> following documentation is acceptable proof of permanent resident status:<br />
• USCIS Form I-551 Alien Registration Receipt (green card), with an<br />
unexpired date on the front,<br />
• USCIS Form I-551 Conditional Alien Registration Receipt, with an unexpired<br />
USCIS I-751 Petition to Remove Conditions of Residence (green card by<br />
marriage), or<br />
• An unexpired passport with an unexpired stamp reading “Processed for I-<br />
551. Temporary Evidence of Lawful Admission for Permanent Residence.<br />
Valid until [date]. Employment Authorized.”<br />
Note: A “green card” that has no expiration date (issued between March 1977 and<br />
January 1987) is acceptable with no additional requirements.<br />
• If the green card will expire within six (6) months after closing, the borrower must<br />
provide the following:<br />
• A copy of the filed USCIS I-90 Application to Replace Permanent Resident<br />
Card, and<br />
• A copy of the USCIS I-797 Notice of Action for the I-90.<br />
• Borrowers with a conditional green card (issued for two years) cannot apply for<br />
renewal earlier than three months prior to the expiration date. SunTrust<br />
Mortgage requires the borrower to file one of the following forms prior to loan<br />
application:<br />
• I-751 Petition to Remove Conditions of Residence (green card by marriage),<br />
or<br />
• I-829 Petition by Entrepreneur to Remove Conditions.<br />
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Income<br />
General Income<br />
• HUD generally requires all income to continue through, at a minimum, the first<br />
three (3) years of the mortgage loan. If the borrower intends to retire during this<br />
period, the effective income must be the amount of documented retirement<br />
benefits, social security payments, etc.<br />
• Borrowers that change jobs frequently within the same line of work, who<br />
continue to advance in income or benefits, should be considered favorably. In<br />
this instance, income stability takes precedence over job stability.<br />
Documentation<br />
• Faxed documentation may be used if the following applies:<br />
• the employer’s name and source of information is clearly identified on the<br />
form,<br />
• the document includes a name and telephone number of the individual with<br />
the employer who can verify the accuracy of the data, and<br />
• the lender verifies the document’s authenticity by reviewing, among other<br />
things, the information included in the banner of the fax and conducting a<br />
telephone verification.<br />
• Employment documentation downloaded from an Internet website may be used<br />
if the following applies:<br />
• <strong>The</strong> Verbal Verification of Employment (COR 0050) form must include the<br />
name and title of the Correspondent client’s employee performing the<br />
verification of employment for all <strong>FHA</strong> loan programs.<br />
Reference: See Section 1.38: Verbal Verification of Employment<br />
Guidelines in the Correspondent Seller Guide for additional documentation<br />
requirements for employed, self-employed and military borrowers.<br />
• the employer’ name and source of information is clearly identified,<br />
• the printed pages of the document reflect the URL address with the date and<br />
time it was printed, and<br />
• the lender verifies the document’s authenticity by reviewing, among other<br />
things, the information included on any header, footer and banner of the<br />
printout and verifies the existence of the website from which the document<br />
was derived.<br />
• <strong>The</strong> documents must be identifiable as belonging to the borrower.<br />
Continued on next page<br />
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Income, Continued<br />
General,<br />
(continued)<br />
Salaried or<br />
Hourly Wage<br />
Income<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU Freddie Mac LP<br />
<strong>The</strong> DU Findings Report will provide specific<br />
messages on the following income types when<br />
identified correctly:<br />
• base salary for salaried borrower,<br />
• base salary for self-employed borrower,<br />
• commission, bonus, and overtime income,<br />
• positive net rental income,<br />
• social security and disability income,<br />
• alimony and child support, and<br />
• pension or retirement income.<br />
• <strong>The</strong> LP Feedback<br />
Certificate will provide<br />
specific messages on<br />
base salary for salaried<br />
and self-employed<br />
borrowers.<br />
• For all other income<br />
types, standard <strong>FHA</strong><br />
guidelines apply.<br />
All of the following documentation is required:<br />
• Pay stubs for the most recent 30 day period,<br />
• W-2’s for the previous two (2) years,<br />
• telephone verification of employment from the current employer, and<br />
• signed IRS form 4506-T.<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU/ Freddie Mac LP<br />
Current Employment<br />
Obtain the most recent pay stub showing at least one month of year-to-date earnings and any one of the<br />
following:<br />
• written verification of employment (VOE) from current employer, or<br />
• verbal verification of employment from current employer, must document the individual verifying employment,<br />
or<br />
• electronic verification acceptable to <strong>FHA</strong>.<br />
Employment History<br />
Verification of applicant’s previous 2-year employment history is required.<br />
Employment with the same employer for the previous 2 years does not require direct verification if all of the<br />
following conditions are met:<br />
• current employer confirms a 2 year employment history, or a paystub reflects a hiring date, and<br />
• only base pay is used to qualify (no overtime or bonuses), and<br />
• the borrower executes form IRS 4506-T for previous 2 years.<br />
If employment has changed in the previous 2 years and/or not all conditions above can be met, one or a<br />
combination of the following are required to verify the applicants 2 year employment history:<br />
• W-2(s)<br />
• VOE(s)<br />
• Electronic verification acceptable to <strong>FHA</strong><br />
• School – college transcripts<br />
• Military – discharge papers<br />
Continued on next page<br />
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Income, Continued<br />
Alimony, Child<br />
Support or<br />
Maintenance<br />
Payments<br />
Automated<br />
Underwriting<br />
Systems (AUS)<br />
Information<br />
• Income received from alimony, child support or maintenance payments must<br />
continue the first three (3) years after closing.<br />
• A copy of the divorce decree, legal separation agreement, voluntary agreement,<br />
or court order specifying the amount of support and the period of time over which<br />
it will be received is required.<br />
• Evidence (i.e., deposit slips, bank statements, front and back of canceled<br />
checks, court records or Federal tax returns) must be provided to reflect that the<br />
funds have been received for the last 12 months.<br />
• Period of less than 12 months may be acceptable provided the payer’s ability<br />
and willingness to make timely payments is adequately documented.<br />
• Properly documented child support income may be grossed up under the same<br />
terms and conditions as other non-taxable sources.<br />
Reference: See the subtopic Non-Taxable Income subsequently presented in<br />
this topic for additional information.<br />
<strong>The</strong> following table shows information specific to AUS for Alimony, Child Support or<br />
Maintenance Payments.<br />
Fannie Mae DU Freddie Mac LP<br />
• If “Approve/Eligible,” the following is<br />
required:<br />
• A copy of the front page of the divorce<br />
decree,<br />
• Copies of applicable pages from the<br />
divorce decree that provide details of<br />
support payments, including verification<br />
that the income will continue for at least<br />
three (3) years after loan closing, and<br />
• Verification of receipt of income for the<br />
last three (3) months, Bank statements<br />
or cancelled checks are acceptable.<br />
• If “Accept,” the following is required:<br />
• A copy of the front page of the divorce<br />
decree,<br />
• Copies of applicable pages from the divorce<br />
decree that provide details of support<br />
payments, including verification that the<br />
income will continue for at least three (3)<br />
years after loan closing, and<br />
• Verification of receipt of income for the last<br />
three (3) months.<br />
Continued on next page<br />
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Income, Continued<br />
Automobile<br />
Allowances and<br />
Expense<br />
Account<br />
Payments<br />
• Only the amount that an auto allowance and/or expense account exceeds actual<br />
expenditures can be considered as income.<br />
• Income is documented with the most recent two (2) years’ tax returns (IRS Form<br />
2106 - Employee Business Expenses).<br />
• <strong>The</strong> employer must verify that the allowance/account will continue.<br />
• <strong>The</strong> borrower’s car payment is treated as a recurring debt and cannot be offset<br />
by the car allowance.<br />
• If there is a loss between the allowance and actual expenditures, that amount is<br />
considered a recurring debt and counted in the total debt ratio.<br />
• If the borrower uses the standard per-mile rate in calculating auto expenses, as<br />
opposed to the “actual cost” method, the portion that the IRS considers<br />
depreciation may be added back to income.<br />
Capital Gains • Capital gains (or loss) as shown on Schedule D of the Individual Tax Returns<br />
(IRS form 1040) generally occurs only one (1) time and should not be considered<br />
in determining effective income.<br />
• If the borrower has a constant turn over of assets resulting in gains or losses, the<br />
capital gain or loss may be considered in determining the income, provided the<br />
borrower has at least three (3) years’ tax returns evidencing capital gains.<br />
Commission<br />
Income<br />
Employer<br />
Differential<br />
Payments<br />
Example: An individual who purchases old houses, remodels them and sells them<br />
for a profit.<br />
Commission income can be used to qualify the borrower if the following guidelines<br />
are met:<br />
• the borrower must furnish the most recent two (2) years’ Federal tax returns,<br />
along with his/her most recent pay stub.<br />
• the commission income is averaged over the two (2) year period.<br />
• commission income showing a decrease requires significant compensating<br />
factors to justify loan approval.<br />
• any un-reimbursed business expenses (Schedule A of tax returns) must be<br />
deducted from the borrower’s income.<br />
• income received between one (1) and two (2) years may be considered if the<br />
underwriter is able to make a sound rationalization for acceptance and can<br />
document the likelihood of continuance.<br />
If the employer subsidizes the mortgage payment, the amount of the payments is<br />
considered gross income. It may NOT be used to offset the mortgage payment<br />
directly, even if the employer pays the servicing lender directly.<br />
Continued on next page<br />
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Income, Continued<br />
Employment by<br />
Family-Owned<br />
Business<br />
Gaps in<br />
Employment<br />
Government<br />
Assistance<br />
<strong>Program</strong>s<br />
Section 8 Home<br />
Ownership<br />
Vouchers<br />
• <strong>The</strong> borrower must provide the normal documentation for employment, income<br />
pay stub(s) and evidence of not being an owner of the business. This evidence<br />
may include one of the following:<br />
• a signed copy Federal personal tax returns, and/or<br />
• a signed copy of the Federal corporate tax return showing ownership<br />
percentages (usually evidenced on the Schedule K-1), if applicable.<br />
If a borrower has a gap of employment spanning one (1) month or more, an<br />
explanation from the borrower is required. Allowances for seasonal employment,<br />
such as is typical in the building trades, etc., may be documented by the lender.<br />
Automatic Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU Freddie Mac LP<br />
If “Approve/Eligible,” an explanation of<br />
employment gaps greater than six<br />
months that have occurred in the last<br />
two years is required.<br />
If “Accept,” an explanation is required if<br />
the gap was more than 60 days.<br />
• Government assistance in the form of workman’s compensation, welfare<br />
programs, payments for foster children, unemployment income, etc. may be<br />
used to qualify the borrower.<br />
• Documentation must be provided from the agency paying benefits to verify that<br />
the benefits are likely to continue for at least three (3) years after closing. If<br />
continuance of such income is not expected for three (3) years, it may be<br />
considered as a compensating factor.<br />
• Unemployment income must be documented for two (2) years. Reasonable<br />
assurance of its continuance is also required. This applies to individuals<br />
employed on a seasonal basis, such as farm workers, resort employees, etc.<br />
Procedures for loan applications where the homebuyer receives a monthly<br />
homeownership assistance payment under the housing choice voucher<br />
homeownership program (Section 8) are shown below.<br />
• All Section 8 subsidized mortgage loans must have “88” entered as the program<br />
identification code in the <strong>FHA</strong> Connection or its functional equivalent.<br />
• <strong>FHA</strong> will assume that the subsidy will continue for at least three (3) years so that<br />
it may be considered effective income.<br />
• <strong>The</strong> methods for qualifying the borrower are shown below.<br />
• <strong>The</strong> homeownership assistance payment must be paid directly to the<br />
homeowner/borrower.<br />
• <strong>The</strong> amount of the monthly subsidy may only be considered as income in<br />
determining the borrower’s qualifying ratios.<br />
• Qualifying instructions for this scenario are shown below.<br />
Continued on next page<br />
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Income, Continued<br />
Section 8 Home<br />
Ownership<br />
Vouchers<br />
(continued)<br />
Interest and<br />
Dividend<br />
Income<br />
• <strong>The</strong> amount of the non-taxable subsidy that is received directly by the<br />
homeowner may be grossed up by 25%.<br />
• <strong>The</strong> amount of the subsidy plus 25% of that subsidy may be added to the<br />
borrower’s income from employment and/or other sources in calculating the<br />
qualifying ratios.<br />
Note: Although HUD allows the homeownership assistance payments to be<br />
made directly to the servicing lender to offset the mortgage payment,<br />
SunTrust servicing is unable to facilitate the procedure for receiving or<br />
allocating these funds. <strong>The</strong>refore, the requirements shown above must be<br />
adhered to for eligibility purposes, without exception.<br />
• All other <strong>FHA</strong> requirements (i.e., employment stability, credit history, down<br />
payment s, etc.) as shown in this product description apply.<br />
• Evidence required showing that the borrower still owns the assets generating the<br />
income used to qualify.<br />
• Interest and dividend income must be documented as received for the past two<br />
(2) years.<br />
• A two (2) year average is required to use such income to qualify for the<br />
mortgage.<br />
• Two (2) years signed Federal tax returns or account statements must be<br />
provided. Funds used for down payment and/or closing costs must be<br />
subtracted before the interest is calculated.<br />
Military Income In addition to base pay, military personnel may be entitled to additional forms of pay<br />
provided its continuance is verified in writing:<br />
• flight or hazard pay,<br />
• BAS, Basic Allowance for subsistence (rations),<br />
• clothing allowance,<br />
• proficiency pay, and<br />
• BAH, Basic Allowance for housing.<br />
Mortgage<br />
Credit<br />
Certificates<br />
• If a government entity subsidizes a mortgage payment, either through direct<br />
payments or tax rebates, these payments are considered as acceptable income<br />
if verified in writing.<br />
• Either type of subsidy may be added to gross income or used to offset the<br />
mortgage payment before calculating the qualifying ratios.<br />
Continued on next page<br />
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Income, Continued<br />
New<br />
Employment<br />
Non-Taxable<br />
Income<br />
Note<br />
Receivable<br />
Income<br />
Overtime/<br />
Bonus Income<br />
• If a borrower is about to begin a new job, there must be a guaranteed, nonrevocable<br />
contract, fully executed by employee and employer, to begin the new<br />
position within 60 days of closing, and the income is acceptable for qualifying<br />
purposes.<br />
• If the loan will close more than 60 days before the employment begins, the loan<br />
is not eligible for endorsement until the lender provides a pay stub or other<br />
acceptable evidence has actually begun the new job.<br />
• <strong>The</strong>re must be sufficient, verified income/cash reserves to support debt during<br />
the interim between closing and start of employment.<br />
Non-taxable income may be “grossed-up” by using the published IRS tax tables or<br />
fifteen percent (15.00%). If the borrower is not required to file a federal income tax<br />
return, the tax rate to use is twenty-five percent (25.00%).<br />
• Income received from the repayment of a note must be verified by a copy of the<br />
note to establish the amount and length of payments.<br />
• Payments must continue for the first three (3) years after closing.<br />
• Evidence (i.e., front and back of canceled checks, deposit slips or Federal tax<br />
returns) must be provided evidencing that the funds have been received<br />
consistently for the past 12 months.<br />
Overtime and bonus income is treated as salaried income.<br />
Reference: See Salaried or Hourly Wage Income previously presented in this topic<br />
for additional information.<br />
Overtime or bonus income may be used to qualify the borrower if it meets the<br />
following guidelines:<br />
• <strong>The</strong>re must be a two (2) year history.<br />
• <strong>The</strong> likelihood that the overtime or bonus income will continue must be verified<br />
on the written verification of employment or telephone certification of<br />
employment.<br />
• <strong>The</strong> income is averaged over the most recent two (2) year period. If there is a<br />
decline in income, there must be justification for using it as qualifying income.<br />
• If the income is not consistent from year to year, more than two (2) years’<br />
income must be averaged to calculate an acceptable qualifying income.<br />
• If received less than two (2) years, the income may be acceptable if it can be<br />
documented that it will continue.<br />
• <strong>The</strong> VOE must show likelihood of continuance.<br />
• A trend must be established and analyzed.<br />
• <strong>The</strong> reason for using the income for qualifying purposes must be justified and<br />
documented in writing.<br />
Continued on next page<br />
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Income, Continued<br />
Part-Time<br />
Income<br />
(Second Job<br />
Income)<br />
Projected<br />
Income<br />
• HUD defines part-time income (second job income) as income from a job taken<br />
in addition to a borrower’s regular employment that supplements the borrower’s<br />
income.<br />
• If a borrower’s regular employment is less than the typical 40 hour work week,<br />
the stability of that income should be evaluated as any other regular, on-going<br />
primary employment.<br />
• Part-time income from second job may be used if it can be verified as having<br />
been uninterrupted for the previous two (2) years and if it has a strong likelihood<br />
of continuation.<br />
• A seasonal part-time or second job (such as that received by a person who<br />
works part-time at a department store during the Christmas shopping period) can<br />
be considered as uninterrupted if the borrower has worked in the same job “in<br />
season” for the past two years and expects to be rehired for the next season.<br />
(i.e., umpiring baseball games in summer).<br />
• Income from a part-time position that has been received for less than two (2)<br />
years may be included as effective income provided that the continuance of such<br />
income can be verified, and use of this income is justified and documented in the<br />
file.<br />
• Income that does not meet these requirements may be considered as a<br />
compensating factor.<br />
• Projected or hypothetical income is not acceptable for qualifying purposes.<br />
• However, exceptions to this rule are permitted as shown below.<br />
• Income from bonuses, cost-of-living adjustments, or performance raises<br />
(must be well documented with verification from the borrower’s employer)<br />
may be used if documentation verifies that it will be received within 60 days<br />
after closing.<br />
• Income from an accepted (but not yet started) job with a guaranteed, nonrevocable<br />
contract for employment beginning within 60 days of loan closing<br />
may be used in qualifying.<br />
• However, it must be verified that there will be sufficient income or cash<br />
reserves to support the mortgage payment and other obligations during the<br />
interim period between loan closing and start of employment. (i.e., teachers<br />
whose contracts begin with the new school year, or physicians who will<br />
begin residency after the loan is scheduled to close.)<br />
• If the loan will close more than 60 days before the borrower’s employment<br />
begins, the loan is NOT eligible for insuring until receipt of a pay stub or other<br />
acceptable evidence that the borrower has begun the new job.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Income, Continued<br />
Recent Return<br />
to Work Force<br />
Borrowers who have been out of the work force for a significant period of time may<br />
use income they receive from returning to work provided the following guidelines are<br />
met:<br />
• the borrower must be employed in his/her current job for at least six (6) months,<br />
• a two-year work history prior to the absence from the work force (i.e., written<br />
verification of employment or W-2’s) must be documented, and<br />
• income from employment may only be considered as a compensating factor if<br />
these requirements cannot be met.<br />
Rental Income • Rent received for other properties owned by the borrower is acceptable if<br />
documented that the rental income is stable.<br />
• Rent received from additional units in the subject property (if a 2-4 unit property)<br />
may be used for qualifying purposes.<br />
References:<br />
• See the subtopic Rent Loss Insurance for additional information and<br />
requirements when using rental income.<br />
• See the subtopic Conversion of Existing Primary Residence to Rental<br />
Property or Second Hom for additional information on rental income.<br />
• Net rental income is calculated by taking the gross rents, minus the twenty-five<br />
percent (25.00%) reduction (or local office’s percentage reduction for vacancies<br />
and repairs), then subtract the monthly payment of PITI.<br />
• If this yields a positive number, add it to the borrower’s monthly gross income; if<br />
negative, consider it a recurring monthly obligation.<br />
• Rental income is verified using one (1) of the following documentation methods:<br />
• Schedule E of IRS Form 1040 (any depreciation is added back to the net<br />
income or loss reflected on the Schedule and the current ownership of the<br />
properties listed on Schedule E must be compared to the real estate owned<br />
section of the loan application), or<br />
Note: To be considered stable income, when tax returns are used to<br />
calculate the rental income and a current lease (or agreement to lease) is<br />
not provided, the 24-month rental history must be free of any unexplained<br />
gaps greater than three (3) months.<br />
• current leases (if the property was acquired since the last income tax year<br />
and is not listed on Schedule E, a current signed lease or other rental<br />
agreement must be provided and the gross rental is reduced by 25%* to<br />
allow for vacancies and maintenance before calculating net rental income).<br />
Note: Please check your HOC for their specific vacancy factor.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Income, Continued<br />
Rental Income,<br />
(continued)<br />
Rent Loss<br />
Insurance<br />
Retirement and<br />
Social Security<br />
Income<br />
• Income from “boarders” is acceptable when it is received from a relative and can<br />
be shown on the borrower’s Federal tax returns. Otherwise, it may be used as a<br />
compensating factor.<br />
• If six (6) or more units are owned in the same general area, a map disclosing the<br />
locations must be submitted evidencing compliance with <strong>FHA</strong>’s seven (7) unit<br />
limitation.<br />
Reference: See Ownership in Unit Limitation in the topic Eligible Borrowers for<br />
additional information.<br />
When rental income is being used to qualify AND the subject property is secured by<br />
a 2-4 unit primary residence or 1-4 unit investment property, SunTrust will require the<br />
borrower to obtain rent loss insurance to cover at least six (6) months of gross<br />
monthly rent.<br />
Notes:<br />
• Rent loss insurance is not required if rental income from the subject property is<br />
not being used to qualify.<br />
• Rent loss coverage must be included as a part of the hazard insurance policy as<br />
an endorsement. <strong>The</strong> yearly hazard insurance premium must include the<br />
additional premium the borrower must pay for this coverage. <strong>The</strong> rent loss<br />
coverage provided in the hazard insurance policy must cover a minimum of six<br />
(6) months of gross monthly rent.<br />
Note: If the insurance company will not issue an endorsement to the hazard<br />
insurance policy for the rent loss coverage, the acceptance of a separate<br />
insurance policy will be considered on a case-by-case basis. Current published<br />
hazard insurance policy requirements (i.e., policy term, policy prepayment,<br />
escrow collection, etc.) will apply for the separate policy.<br />
• Rent loss insurance covers rental losses that are incurred during the period that<br />
a property is being rehabilitated following a casualty.<br />
• Retirement and Social Security income must be verified from the third-party<br />
source (Society Security Administration and former employer) or from the most<br />
recent two (2) years’ Federal tax returns.<br />
• <strong>The</strong> income must continue for at least three (3) years after closing; otherwise, it<br />
will be used only as a compensating factor.<br />
Continued on next page<br />
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Income, Continued<br />
Self-Employed<br />
Borrowers<br />
General Information<br />
• Individuals who own twenty-five percent (25.00%) or more interest in a business<br />
are considered self-employed.<br />
Effective Income<br />
• <strong>The</strong> total net profit of the business if a sole proprietorship with depreciation or<br />
depletion added back to the adjusted gross.<br />
• <strong>The</strong> amount of the draw or bonus taken from the capital account if the business is<br />
a partnership plus the borrower’s share of the net profit. or<br />
• <strong>The</strong> amount of wages or salary as shown on the W-2 if the business is a<br />
corporation, plus any bonus or other compensation, deducting any spousal<br />
income.<br />
Income Analysis<br />
• Establish an earnings trend over the previous two (2) years. Three (3) years may<br />
be used if all three (3) years tax returns are provided.<br />
• Quarterly tax return income may be included through the period covered by the<br />
tax filings. If no quarterly returns, the income shown on the P&L statement may<br />
be included provided the income stream is consistent with the previous years’<br />
earnings. If the P&L shows an income stream considerably greater than previous<br />
years, the analysis must be based solely on the income verified through the tax<br />
returns.<br />
• Careful analysis of the business’ financial strength, the source of its income, and<br />
the general economic outlook for similar businesses in the area.<br />
• A borrower whose business shows a significant decline in income over the period<br />
analyzed is not acceptable, even if current income and debt ratios meet HUD<br />
guidelines.<br />
• A borrower’s withdrawal of cash from the business may have a severe negative<br />
impact on the ability of the business to continue operating and must be carefully<br />
considered in the analysis.<br />
Length of time in business<br />
• If the borrower has been in business for at least two (2) years, income may be<br />
considered stable and effective.<br />
• If the borrower has been in business between one (1) and two (2) years, he/she<br />
must have at least two (2) years previous employment or a combination of one (1)<br />
year employment and formal schooling or training in the occupation.<br />
• If the borrower has been in business less than one year, income is not eligible due<br />
to lack of earnings history.<br />
Continued on next page<br />
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Income, Continued<br />
Self-Employed<br />
Borrowers,<br />
(continued)<br />
Documentation<br />
• Signed and dated Federal individual income tax returns with all schedules for the<br />
two (2) most recent previous years (if current year taxes have been filed, proof of<br />
filing may be required (i.e., canceled checks or IRS stamp on the tax return).<br />
• Signed and dated current financial statement, including a year-to-date balance<br />
sheet and income statement.<br />
• If the business is a corporation or partnership signed and dated Federal<br />
business tax returns for the most recent two (2) years with all schedules (if<br />
current year taxes have been filed, proof of filing may be required, i.e., canceled<br />
checks or IRS stamp on the tax return).<br />
• Business credit report on corporations and “S” corporations.<br />
Reference: See HUD Handbook 4155.1 Chapter 4 Section D for additional<br />
information on analyzing Individual, Corporate, “S” Corporation, and <strong>Partners</strong>hip<br />
tax returns.<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU/Freddie Mac LP<br />
• Generally, standard <strong>FHA</strong> guidelines apply with some exceptions on documentation requirements.<br />
• <strong>The</strong> borrower must provide two (2) years of individual federal tax returns and corporate partnership<br />
federal tax returns (if applicable to business).<br />
• If “Approve/Eligible” or “Accept/Eligible,” the borrower is not required to provide business tax returns<br />
if ALL of the following can be met:<br />
• Individual Federal tax returns show increasing self employed income over the past two (2)<br />
years,<br />
• Funds to close are not coming from business accounts,<br />
• <strong>The</strong> loan is not a cash out refinance.<br />
Note: A business credit report is not required for a corporation or “S” corporation.<br />
• A profit and loss statement (P&L) and a balance sheet is required if more than a calendar quarter<br />
has elapsed since date of most recent calendar year or fiscal-year end tax return was filed by the<br />
borrower. If income used to qualify the borrower exceeds the two-year average of tax returns, an<br />
audited P&L or signed quarterly tax returns obtained from the IRS are required.<br />
• If one borrower is self-employed while another on the same loan is salaried, the DU Findings Report<br />
will provide an employment message for the self-employed borrower (ignore the employment<br />
message for the self-employed borrower and provide self-employed documentation as identified in<br />
the rest of the message).<br />
Foreign Income • Borrower must be US citizens receiving foreign employment income generated<br />
from a non-US source.<br />
• Non-US source of income may not include sanctioned countries<br />
administered by OFAC.<br />
• Foreign income (income generated from non-US sources) may be used only if its<br />
stability and continuance for three (3) years can be verified.<br />
Continued on next page<br />
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Income, Continued<br />
Foreign<br />
Income,<br />
(continued)<br />
• Foreign income must be supported by:<br />
• the most recent two (2) years signed federal tax returns, and<br />
• standard income documentation (i.e., year-to-date paystub and W-2 forms<br />
for prior years).<br />
• If the income is paid in a foreign currency, the income must be translated into US<br />
dollars.<br />
Note: AUS is not able to recognize foreign income, therefore, these changes will<br />
need to be applied outside of AUS.<br />
Tip Income • Must have been received for at least the most recent two (2) years.<br />
• Documentation that the current employer expects the tip income to continue is<br />
required.<br />
• Tip income should be averaged over the past two (2) years to determine the<br />
amount of income that may be considered in qualifying the borrower.<br />
Note: Tip income must be entered in DU as “Other Types of Income.”<br />
Section 2.22 July 27, 2012<br />
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Income, Continued<br />
Temporary<br />
Leave and<br />
Short-term<br />
Disability<br />
Income<br />
• Temporary leave from employment is generally short in duration and may<br />
encompass various circumstances such as maternity, medical, short-term<br />
disability, or other temporary leaves with or without pay.<br />
• <strong>The</strong> period of time that a borrower is on temporary leave is determined by<br />
various factors such as applicable law, employer policies, and short term<br />
insurance and/or benefit terms.<br />
• Leave from work ceases being considered temporary when the borrower does<br />
not intend to return to the current employer or does not have a commitment from<br />
the current employer to return to work.<br />
• Underwriters must determine the allowable qualifying income as follows:<br />
• If the borrower will return to work prior to the first mortgage payment, then<br />
the borrower’s regular employment income that will be received upon their<br />
return to work may be used for qualifying.<br />
• If the borrower will return to work after the first mortgage payment, then the<br />
borrower’s temporary leave income is used for qualifying.<br />
Notes:<br />
• Documentation evidencing amount, duration, and consistency for all<br />
temporary leave income sources must be obtained when used for qualifying.<br />
• Verify the borrower’s pre-leave income and employment, regardless of leave<br />
status.<br />
• Obtain documentation from current employer confirming the borrower’s<br />
statutory right to return to work (or employer’s commitment to permit the<br />
borrower to return to work), the confirmed date of return, and the borrower’s<br />
post-leave employment and income.<br />
• Obtain written statement signed by the borrower confirming that they will<br />
return to their current employer and stating the confirmed date of return.<br />
• When a borrower is currently receiving short-term disability payments that<br />
will decrease to a lesser amount within the next three (3) years because they<br />
are being converted to long-term benefits, the amount of the long-term<br />
payments must be used in determining the borrower’s stable income.<br />
Continued on next page<br />
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Income, Continued<br />
Temporary<br />
Leave and<br />
Short-term<br />
Disability<br />
Income,<br />
(continued)<br />
• In addition to the above guidelines, the following applies for worker’s<br />
compensation:<br />
• Benefits that have a defined expiration date must have a remaining term of<br />
at least three (3) years from the date of the mortgage application in order to<br />
be used for qualifying the borrower.<br />
• A copy of the borrower’s disability policy or benefits statement must be<br />
obtained to verify the amount of the disability payments and to determine<br />
whether there is a contractually established termination or modification date.<br />
• A statement from the benefits’ payer (insurance company, employer, or other<br />
qualified and disinterested party) must be obtained to confirm the borrower’s<br />
current eligibility for the disability benefits.<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU Freddie Mac LP<br />
Non-AUS guidelines apply, except as<br />
follows:<br />
• If using borrower’s regular<br />
employment income, the amount is<br />
entered into DU using the applicable<br />
income type.<br />
• If using borrower’s temporary leave<br />
income, the amount is entered into<br />
DU as “Other Monthly Income”<br />
under “Other Types of Income”<br />
Trailing Spouse • <strong>The</strong> use of trailing co-borrower income is not permitted.<br />
Non-AUS guidelines apply, except as<br />
follows:<br />
• If using borrower’s regular<br />
employment income, the amount is<br />
entered into DU using the applicable<br />
income type.<br />
• If using borrower’s temporary leave<br />
income, the amount is entered into<br />
DU as “Other Monthly Income”<br />
under “Other Types of Income”<br />
Trust Income • A copy of the Trust Agreement or the Trustee’s statement confirming the<br />
amount, frequency and duration of payments must be provided.<br />
• <strong>The</strong> income must continue for at least three (3) years after closing.<br />
• Lump sum distributions made before loan closing may be used for down<br />
payment or closing costs if they are verified by a copy of the check or the<br />
Trustee’s letter that shows the distribution amount. If a distribution was made<br />
that reduces the Trust income, the reduction must be taken into consideration in<br />
computing the income.<br />
VA Benefits • Income received in the form of VA benefits must be documented by a letter or<br />
distribution form from the Veterans Administration.<br />
• <strong>The</strong> income must continue for at least three (3) years after closing.<br />
• Education benefits are not acceptable income, as it offsets education expenses.<br />
Continued on next page<br />
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Income, Continued<br />
Borrowers on<br />
Strike<br />
Layoffs and<br />
Plant Closings<br />
Guidelines for Reviewing Borrower<br />
Applications Affected by Job<br />
Eliminations<br />
<strong>The</strong> guidelines below apply to a borrower who is currently out of work due to a strike<br />
at his/her place of employment.<br />
• <strong>The</strong> file must contain evidence that the borrower has returned to work.<br />
• <strong>The</strong> branch must be sure that the information obtained is from a reliable source.<br />
• One of the following methods may be used for confirmation:<br />
• a written verification from the employer confirming the borrower is back to<br />
work, or<br />
• a verbal verification with either the Human Resources Department, Payroll<br />
Department or the borrower’s supervisor.<br />
Note: <strong>The</strong> Correspondent Lender must verify and obtain the information directly<br />
with the employer (no third party documentation).<br />
• Borrowers may be considered on a case-by-case basis if the borrower has a<br />
minimum of one (1) year guaranteed employment remaining when he/she has<br />
been notified of a pending layoff or closing.<br />
• Underwriters are to use caution when approving these loans and document each<br />
file justifying why an approval was issued. When the plant closing or layoffs are<br />
effective in less than one (1) year, <strong>FHA</strong> recommends that the loan not be<br />
approved.<br />
• <strong>The</strong> guidelines shown in the table below are provided to assist in reviewing the<br />
applications from a borrower who is affected by job eliminations.<br />
Note: Marginal loans are not acceptable under these circumstances.<br />
Analyze the overall strengths of the file<br />
(i.e., credit, assets, ratios), including, but<br />
not limited to, the items shown in the<br />
example.<br />
Examples<br />
• Are the ratios low enough to support the loan if the<br />
borrower had to take a lesser paying job?<br />
• Has the borrower exhibited a savings pattern? This is<br />
of particular interest if the borrower’s current income is<br />
unlikely to be equaled by a new employer.<br />
• Will the borrower have cash reserves available as a<br />
cushion for any period of unemployment following<br />
closing?<br />
• Has the borrower established a satisfactory credit<br />
history?<br />
• What has been the borrower’s employment history?<br />
• What is the remaining length of time of guaranteed<br />
employment?<br />
Note: <strong>The</strong> client will need to monitor the time frame for<br />
sections of the business that are laying-off (or closing)<br />
first.<br />
Continued on next page<br />
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Income, Continued<br />
Layoffs and Plant Closings, continued<br />
Guidelines for Reviewing Borrower<br />
Applications Affected by Job<br />
Eliminations<br />
Consideration of what other income is<br />
coming into the household that is<br />
verifiable.<br />
Obtain statements from the borrower<br />
addressing the concerns due to the<br />
pending layoff including but not limited to<br />
those shown in the example.<br />
Examples<br />
• Does borrower have second job?<br />
• Does borrower receive income from rental properties?<br />
• Does borrower have any undisclosed stable income?<br />
• Does a non-applicant spouse have stable income?<br />
• Does the co-borrower have additional stable income<br />
not disclosed?<br />
• Alternative plans,<br />
• Job skills,<br />
• What prospects are available for those skills in the area<br />
with other employers,<br />
• How does borrower plan to repay the mortgage, and<br />
• Other employment possibilities in the area, salary<br />
prospects within commuting distance.<br />
Documentation An IRS form 4506-T must be executed by the borrower(s) for all loans at application<br />
and again at closing.<br />
Reference: See General Section 1.37: Income Validation Guidelines in the<br />
Correspondent Seller Guide for a table of applicable income validation<br />
documentation and additional information.<br />
Written verifications<br />
• If written verification forms are used, the lender’s file must contain the original<br />
form (or a faxed form) with an original signature of the party completing the form.<br />
• Verification forms must pass directly between the lender and creditor without<br />
being handled by a third party.<br />
• When using a written verification of employment, the file must also contain a<br />
most recent (at time of application) pay stub. This must be provided at the time<br />
of underwriting.<br />
Alternate documentation of employment<br />
• Pay stub(s) covering the most recent 30 day period. <strong>The</strong> pay stub must show<br />
the borrower’s name, social security number and year-to-date earnings.<br />
• W-2’s for the most recent two (2) years.<br />
• Telephone certification of current employment.<br />
• Certification that original documents were examined and the name, title, and<br />
telephone number of the person with whom employment was verified.<br />
• Standard employment documentation must be used if the employer will not give<br />
telephone confirmation of employment or if the W-2 indicates inconsistencies.<br />
Note: Pay stubs are required before <strong>FHA</strong> will guarantee the loan.<br />
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Liabilities and Qualifying Ratios<br />
Alimony and<br />
Child Support<br />
Authorized<br />
User Account<br />
Compensating<br />
Factors<br />
• <strong>The</strong> lender can choose to treat the payment of alimony one (1) of two (2) ways:<br />
• as a reduction from the borrower’s gross income, or<br />
• as a monthly obligation.<br />
• <strong>The</strong> lender should choose whichever method benefits the borrower the most.<br />
• Child support must be treated as a monthly obligation.<br />
Credit report tradelines that list a borrower as an “authorized user” are not required<br />
to be considered in the underwriting decision or the debt-to-income (DTI) ratios.<br />
Compensating factors may be used if a borrower’s debt ratios exceed the guidelines<br />
if an approval is granted. Underwriters must state in the “underwriter comments”<br />
section of the <strong>FHA</strong> <strong>Loan</strong> Underwriting and Transmittal Summary (HUD-92900-LT)<br />
the compensating factors used to justify their loan approval. Some common<br />
examples of compensating factors listed below:<br />
• borrower has substantial documented cash reserves after closing. (At least three<br />
(3) months’ worth of liquid or readily convertible to cash without retirement or job<br />
termination. Other exclusions are gift funds, funds borrowed against IRAs, thrift<br />
savings plans, 401(k)s, etc., equity in other properties or proceeds from a cashout<br />
refinance).<br />
• borrower has demonstrated the ability to accumulate savings.<br />
• borrower makes a large down payment (ten percent (10%) or more.),<br />
• borrower has demonstrated a “conservative” use of credit.<br />
• borrower has demonstrated the ability to pay housing expenses equal to or<br />
greater than the proposed monthly housing expense for the new mortgage over<br />
the past 12-24 months.<br />
• previous credit history shows that the borrower has the ability to devote a greater<br />
portion of income to housing expenses.<br />
• the borrower receives documented compensation or income not reflected in<br />
effective income, but directly affecting the ability to pay the mortgage, including<br />
food stamps and similar public benefits.<br />
• there is only a minimal increase in the borrower’s housing expense.<br />
• the borrower has substantial non-taxable income (if no adjustment made<br />
previously in the ratio computations).<br />
• the borrower has potential for increased earnings, as indicated by job training or<br />
education in the borrower’s profession, or<br />
• the home is being purchased as the result of relocation of the primary wageearner<br />
and the secondary wage-earner has an established history of<br />
employment, is expected to return to work, and there is reasonable prospects for<br />
securing employment in a similar occupation in the new area. <strong>The</strong> Underwriter<br />
must address the availability of such possible employment.<br />
Note: It is not permissible to require the borrower to make advance payments on his<br />
mortgage for consideration as a compensating factor.<br />
Continued on next page<br />
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Liabilities and Qualifying Ratios, Continued<br />
Condominium<br />
Fees<br />
Contingent<br />
Liability<br />
• With proper verification, that portion of the condo fee that clearly covers the<br />
utilities may be subtracted from the mortgage payment before computing ratios.<br />
• A contingent liability exists when a borrower holds a joint obligation with another<br />
person or persons.<br />
• Obligations where the borrower is a co-signer must be listed as the borrower’s<br />
debt, unless the borrower can provide conclusive evidence from the debt holder<br />
that there is no possibility the debt holder will pursue debt collection against<br />
him/her should the other party default.<br />
• <strong>The</strong> information listed below applies to contingent liabilities.<br />
• Mortgage Debt: If a borrower is obligated on an outstanding HUD, VA or<br />
conventional mortgage secured by a property which has been sold by<br />
assumption, contract for Deed or traded within the last twelve (12) months<br />
without a release of liability, or a property was transferred because of divorce,<br />
contingent liability must be considered a recurring liability unless the following<br />
circumstances apply:<br />
• the Servicer of the assumed loan provides a payment history showing that<br />
the mortgage has been current during the previous twelve months, or<br />
• an appraisal or closing statement from the sale of the property supports a<br />
value that results in a seventy-five percent (75.00%) LTV ratio (i.e., the<br />
outstanding balance on the mortgage loan, minus any UFMIP, cannot<br />
exceed seventy-five percent (75.00%) of the appraised value or sales price).<br />
Note: A copy of the divorce decree ordering the former/separated spouse to<br />
make payments or the assumption agreement and the deed showing transfer of<br />
title out of the borrower’s name is required.<br />
• Co-Signed Obligations: If the borrower is a co-signer, or otherwise coobligated<br />
on a car loan, student loan, mortgage, or any other obligation,<br />
contingent liability applies unless the lender obtains documented proof that the<br />
primary obligor has been making payments during the previous 12 months on a<br />
regular basis and does not have a history of delinquent payments on the loan.<br />
Continued on next page<br />
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Liabilities and Qualifying Ratios, Continued<br />
Contingent<br />
Liability,<br />
(continued)<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS for Contingent Liabilities on<br />
Mortgage Debt.<br />
Fannie Mae DU Freddie Mac LP<br />
• If “Approve/Eligible,” the following is<br />
required:<br />
• obtain a copy of the divorce<br />
decree ordering the other<br />
spouse to make payments, or<br />
• the assumption agreement and<br />
the deed showing transfer of title<br />
out of the borrower’s name.<br />
Note: <strong>The</strong>re is no twelve (12) month<br />
payment history requirement.<br />
• If “Accept,” the following is required:<br />
• obtain a copy of the divorce<br />
decree ordering the other<br />
spouse to make payments, or<br />
• the assumption agreement and<br />
the deed showing transfer of<br />
title out of the borrower’s name.<br />
Note: <strong>The</strong>re is no twelve (12) month<br />
payment history requirement.<br />
Continued on next page<br />
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Liabilities and Qualifying Ratios, Continued<br />
Conversion of<br />
Existing<br />
Primary<br />
Residence to<br />
Rental Property<br />
or Second<br />
Home<br />
• This guidance applies solely to a principal residence being vacated in favor of<br />
another principal residence.<br />
• <strong>The</strong> housing payments for the current primary residence and the new proposed<br />
primary residence must be included in the debt to income calculation.<br />
• Underwriters are not permitted to include rental income from a primary residence<br />
being vacated in favor of another principal residence unless one of the following<br />
applies:<br />
• the homebuyer has a 75% LTV/TLTV or less, as determined by a current<br />
(dated within sixty [60] days of the Note date for the new transaction)<br />
residential appraisal (may be exterior-only) on the current primary residence,<br />
OR<br />
Note: SunTrust requires borrowers with a current 2-4 unit primary residence<br />
that will be converted to an investment property to meet the 25% required<br />
equity position to utilize the rental income from ANY of the property’s units,<br />
regardless if the units were previously occupied by the borrower or not.<br />
• the homebuyer is relocating with a new employer, or being transferred by the<br />
current employer to an area that is not within a reasonable commuting<br />
distance.<br />
• Evidence of a properly executed lease agreement of at least one year in<br />
term after the loan closing date and evidence of the security deposit<br />
and/or the first month’s rent was paid to the homeowner must be in the<br />
loan file.<br />
• Traditionally underwritten loans must document the following reserve<br />
requirements:<br />
• three (3) months reserves on BOTH properties, if the homebuyer cannot<br />
provide evidence of a seventy-five percent (75.00%) LTV/TLTV or less on<br />
the current primary residence,<br />
• two (2) months reserves on BOTH properties, if the homebuyer can provide<br />
evidence of a seventy-five percent (75.00%) LTV/TLTV or less on the current<br />
primary residence.<br />
Note: TOTAL Scorecard will determine reserve requirements for AUS approved<br />
transactions.<br />
Continued on next page<br />
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Liabilities and Qualifying Ratios, Continued<br />
Energy<br />
Efficient<br />
Properties<br />
(EEH)<br />
Installment<br />
Debt<br />
Ratios may be exceeded by up to two percent (2.00%) (becoming 33/45%<br />
respectively) if the property is an Energy Efficient home and the following conditions<br />
apply:<br />
• the property is identified as an Energy Efficient Home (EEH) by the HUD Field<br />
Office, and<br />
• evidence of the EEH designation must be provided to the buyer for eligibility to<br />
be passed to subsequent owners.<br />
Note: All properties meeting the 2000 International Energy Conservation Code<br />
(IECC) are considered energy efficient and eligible for the two percentage points<br />
increase in qualifying ratios.<br />
• Generally, installment debt with less than ten (10) remaining payments is not<br />
considered in the qualifying ratios. If the debt is other than a fixed installment,<br />
the underwriter must verify that the monthly installments plus interest are equal<br />
to an amount that can be paid off within ten (10) months. Reliance solely on the<br />
credit report is insufficient. Thus, it will be necessary to obtain a copy of the<br />
borrower’s pay statement, or other documentation, to determine the interest rate<br />
and number of payments required to satisfy the debt.<br />
• If the monthly payment on debts with less than ten (10) remaining payments is<br />
large enough to seriously affect the borrower’s ability to make the mortgage<br />
payment in the months immediately following closing, the monthly payment must<br />
be included in the debt ratios. An exception may be granted if the borrower has<br />
sufficient cash reserves after loan closing to supplement his/her income for<br />
payment of the debt.<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU Freddie Mac LP<br />
• If a liability has less than ten (10)<br />
remaining payments and the payment is<br />
less than $100, it is not counted in the<br />
borrower’s debt ratio.<br />
• All other liabilities listed on the 1003 will<br />
be considered in the borrower’s ratio.<br />
• All liabilities listed on the 1003<br />
will be considered in the<br />
borrower’s ratio.<br />
Continued on next page<br />
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Liabilities and Qualifying Ratios, Continued<br />
Obligations Not<br />
Considered as<br />
Debt<br />
• Federal/state/local taxes,<br />
• FICA or other retirement contributions such as 401Ks (including repayment of<br />
debt secured by these funds),<br />
• Commuting costs,<br />
• Union dues,<br />
• 401(k) payments,<br />
• Automatic deductions to savings accounts,<br />
• Child care, and<br />
• Other voluntary deductions.<br />
Projected Debt If a debt, such as a student loan or balloon note, is scheduled to begin repayment or<br />
to become due within the first 12 months of loan closing, the client must include the<br />
monthly obligation or take into consideration the note when qualifying the borrower.<br />
Property Taxes,<br />
Insurance and<br />
HOA<br />
Assessments<br />
• <strong>The</strong> taxes, insurance and HOA assessments, if applicable, due on a property<br />
owned by a borrower must always be considered in the borrower’s debt to<br />
income ratios, including properties that are currently owned free and clear.<br />
• Generally, it is assumed that, if the mortgage has been reported to the credit<br />
repositories, the payment includes taxes and insurance. This assumption also<br />
includes mortgages that are not on the credit report and other verification has<br />
been provided.<br />
• If the mortgage is with a private individual, it is assumed that the payment does<br />
NOT include taxes and insurance.<br />
• Reference: See Privately Held Mortgages subsequently presented in the Credit<br />
Requirements topic for additional information regarding payment verification<br />
requirements for privately held mortgages.<br />
• If the borrower discloses that the mortgage payment does not include taxes<br />
and/or insurance or the mortgage is with a private individual, the following<br />
applies:<br />
• the borrower must provide the amount of taxes and/or insurance (translated<br />
into a monthly figure),<br />
• the monthly taxes and/or insurance must be treated as a liability, and<br />
• documentation of the taxes and/or insurance is determined by underwriter<br />
discretion based on the borrower’s cash reserves.<br />
Qualifying Rate Fixed Rate Mortgages<br />
• Fixed rate loans-qualify at Note rate.<br />
• Temporary buydowns on fixed rate loans qualify at the Note rate.<br />
Continued on next page<br />
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Liabilities and Qualifying Ratios, Continued<br />
Qualifying<br />
Ratios<br />
• Housing ratios exceeding 31% and debt ratios exceeding 43% may be<br />
acceptable ONLY if significant compensating factors are documented and<br />
recorded on the <strong>FHA</strong> <strong>Loan</strong> Underwriting and Transmittal Summary (HUD-92900-<br />
LT).<br />
• Compensating factors, used to support the loan approval, must be listed in the<br />
underwriter comments section of the <strong>FHA</strong> <strong>Loan</strong> Underwriting and Transmittal<br />
Summary (HUD-92900-LT) for non-AUS approved loans exceeding 31/43%<br />
ratios.<br />
• <strong>The</strong> maximum DTI for SunTrust on any AUS approved transaction is<br />
50.00%, regardless of AUS findings.<br />
• Traditionally underwritten loans are not subject to this restriction; however,<br />
must continue to meet all other requirements, including credit scores,<br />
published by SunTrust and current <strong>FHA</strong> guidelines.<br />
• <strong>The</strong> housing ratio includes the PITI of the new mortgage, mortgage<br />
insurance, homeowner’s association dues, and payments on secondary<br />
financing.<br />
• Taxes included in the PITI for proposed/new construction properties must be<br />
based on “improved” property taxes.<br />
• <strong>The</strong> debt ratio includes housing ratio items, installment loans, revolving credit,<br />
other mortgage payments and any other monthly debt.<br />
• Victims of a Presidentially-Declared Major Disaster Area may have a debt ratio<br />
up to 45% without compensating factors. This debt ratio may be exceeded with<br />
appropriate compensating factors. Evidence that the borrower resided in the<br />
disaster area during the occurrence must be provided. This remains in effect for<br />
up to one-year from the date of the President’s declaration. Check the FEMA<br />
website to obtain specific affected counties and corresponding declaration dates<br />
for the Major Disaster Areas.<br />
Reference: See the subtopic Compensating Factors previously presented in this<br />
topic for additional information.<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU Freddie Mac LP<br />
• If “Approve/Eligible,” no explanation<br />
is required for qualifying the<br />
borrower at ratios above <strong>FHA</strong><br />
guidelines when this occurs.<br />
• <strong>The</strong> maximum DTI for SunTrust on<br />
any AUS approved transaction is<br />
50.00%, regardless of AUS findings.<br />
• If “Accept,” no explanation is<br />
required for qualifying the borrower<br />
at ratios above <strong>FHA</strong> guidelines when<br />
this occurs.<br />
• <strong>The</strong> maximum DTI for SunTrust on<br />
any AUS approved transaction is<br />
50.00%, regardless of AUS findings.<br />
Continued on next page<br />
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Liabilities and Qualifying Ratios, Continued<br />
Undisclosed<br />
Debt<br />
• Information disclosed on the loan application must be accurate and current<br />
through loan closing. This information includes (but is not limited to) any<br />
additional credit applied for or incurred during the application process and<br />
through loan closing.<br />
• If the borrower indicates new debt has been incurred which is not present on the<br />
initial application or on the credit report, documentation must be obtained from<br />
the borrower which indicates the balance and payment of the debt. This<br />
information must be included as a liability on the 1003 and the borrower must be<br />
requalified and/or the loan re-priced based on this new information.<br />
• If any additional liabilities or an increase in existing credit is revealed during the<br />
loan application process, SunTrust Mortgage, Inc., is required to re-qualify the<br />
borrower based on this new information.<br />
• Requalification may included, but is not limited to, obtaining a new credit report<br />
including an updated credit score, which may impact the qualifying interest rate<br />
and pricing, as well as, the borrower’s ability to qualify based on current program<br />
information.<br />
Note: At this time, SunTrust will NOT be pulling a new credit report prior to<br />
purchase to validate if the borrower has incurred any additional liabilities.<br />
Reference: See the “Inquiries” subtopic subsequently presented in the “Credit<br />
Requirements” topic for additional information<br />
Continued on next page<br />
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Liabilities and Qualifying Ratios, Continued<br />
Revolving<br />
and/or Open-<br />
End Debt<br />
• Monthly payments on revolving or open-end accounts, regardless of balance,<br />
must be included in the borrower’s monthly debt payment. If there is no balance,<br />
there is not monthly payment.<br />
• In the absence of a stated payment, the greater of 5% of the outstanding<br />
balance or $10 will be used as the required monthly payment.<br />
Student <strong>Loan</strong>s If the debt repayment is scheduled to begin within twelve months from the date of the<br />
mortgage loan closing, the anticipated monthly obligation must be included in the<br />
debt ratio, unless written evidence that the debt will be deferred to a period outside<br />
this timeframe is provided.<br />
Unverified<br />
Liabilities<br />
Notes:<br />
• Student loans cannot be used towards the transaction as either income or assets.<br />
• If the RMCR or In-file Credit Report does not reflect a monthly payment amount,<br />
a copy of the Note or a letter from the lender must be used to determine the<br />
monthly payment amount.<br />
• If there are liabilities disclosed by the borrower but not on the credit report,<br />
independent verification is required.<br />
• Verification of such liabilities is based on underwriting discretion upon full<br />
analysis of the loan file. <strong>The</strong> underwriter must determine if verification is<br />
necessary to support an approval (if not verified, an explanation is required as to<br />
why the liability is immaterial).<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU Freddie Mac LP<br />
If “Approve/Eligible” and liabilities<br />
disclosed by the borrower are not on the<br />
credit report, the liability must be verified<br />
according to non-AUS guidelines.<br />
• If “Accept” and liabilities disclosed<br />
by the borrower are not on the credit<br />
report, the liability must be verified<br />
according to non-AUS guidelines.<br />
• If the verification reflects that the<br />
account is currently more than 90<br />
days past due, the loan must be<br />
downgraded to a “Refer”.<br />
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Credit Requirements<br />
General • <strong>The</strong> overall analysis of a borrower’s credit should be performed using the<br />
following “hierarchy” order:<br />
• payment history for current and previous housing payments,<br />
• payment history for installment debts, and then<br />
• payment history for revolving accounts.<br />
• Generally, an individual with no late housing or installment debt payments should<br />
be considered as having an acceptable credit history unless there is derogatory<br />
credit on revolving accounts.<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU Freddie Mac LP<br />
If a borrower’s current address is outside<br />
of the United States, DU will not issue a<br />
recommendation. <strong>The</strong> loan must then<br />
be traditionally underwritten.<br />
Bankruptcy Documentation<br />
• Copy of the bankruptcy petition,<br />
• Schedule of Debts and Discharge, and<br />
• Written explanation from borrower.<br />
If a borrower’s current address is<br />
outside of the United States, LP will not<br />
issue a recommendation. <strong>The</strong> loan<br />
must then be traditionally underwritten.<br />
Note: Documentation of the bankruptcy is not required if, TOTAL Scorecard<br />
approves the transaction and the findings do not need to be manually downgraded to<br />
a “Refer” and traditionally underwritten.<br />
Chapter 7 [liquidation] Bankruptcy<br />
• Bankruptcy must have been discharged for at least two (2) years.<br />
• If bankruptcy is discharged for at least one year (but not less than 12 months), it<br />
may be acceptable if it occurred due to extenuating circumstances beyond the<br />
borrower’s control (i.e., death of principal wage earner, or serious long-term<br />
illness) and are not likely to recover,<br />
• Provide documentation that the borrower’s current situation indicates that the<br />
events that led to the bankruptcy are not likely to reoccur.<br />
• <strong>The</strong> borrower must have re-established good credit, or has chosen not to incur<br />
new credit obligations,<br />
• In lieu of an established credit history, credit letters covering the past 12 months<br />
from two of the following are acceptable: telephone, cable, gas or electric<br />
companies, etc.<br />
Continued on next page<br />
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Credit Requirements, Continued<br />
Bankruptcy,<br />
(continued)<br />
• <strong>The</strong>re cannot be any new derogatory credit information, unless TOTAL<br />
Scorecard approves the transaction and the credit report accurately reflects the<br />
derogatory credit information.<br />
Note: If the bankruptcy included a foreclosure, the more restrictive three (3)<br />
year wait still remains in effect. This three (3) year waiting period is based on<br />
the date the claim is paid.<br />
Reference: See Foreclosures subsequently presented within this topic for additional<br />
information.<br />
Chapter 13 Bankruptcy<br />
• A borrower paying off debts under a court approved wage earner’s plan pursuant<br />
to Chapter 13 of the Bankruptcy Act may be eligible if he/she is:<br />
• otherwise acceptable,<br />
• bankruptcy payments are included in the ratios,<br />
• one (1) year of the pay-out period has elapsed,<br />
• the performance under the plan has been satisfactory, and<br />
• the borrower receives court approval to enter into the mortgage transaction.<br />
• <strong>The</strong> borrower must have re-established good credit, or has chosen not to incur<br />
new credit obligations,<br />
• In lieu of an established credit history, credit letters covering the past 12 months<br />
from two of the following are acceptable: telephone, cable, gas or electric<br />
companies, etc.<br />
• <strong>The</strong>re cannot be any new derogatory credit information.<br />
Note: Bankruptcy information through the Public Access to Court Electronic<br />
Records (PACER) service that matches the credit report is acceptable to <strong>FHA</strong>.<br />
However, if the borrower does not meet the standard requirement of two years (three<br />
years if part or a foreclosure), additional documentation may be required.<br />
Reference: See the “PACER” website at http://www.pacer.gov/login.html for more<br />
information<br />
Continued on next page<br />
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Credit Requirements, Continued<br />
Bankruptcy,<br />
(continued)<br />
Disputed<br />
Accounts<br />
Automated Underwriting Systems (AUS) Information<br />
To be eligible for AUS submission, the Chapter 13 Bankruptcy must have been<br />
discharged for at least two years.<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU Freddie Mac LP<br />
• Typically, the loan will receive an Standard <strong>FHA</strong> guidelines apply.<br />
•<br />
“Approve/Ineligible” in DU if there is a<br />
bankruptcy less than two (2) years or<br />
foreclosure less than three (3) years on the<br />
credit report.<br />
If “Approve/Eligible”, the loan must be<br />
manually downgraded to a “Refer” and<br />
traditionally underwritten if the following<br />
applies:<br />
• the information was reported<br />
•<br />
incorrectly on the credit report, or<br />
the information was not reflected on<br />
the credit report but disclosed by the<br />
borrower, or<br />
• the credit report (or other<br />
documentation) does not show a<br />
Chapter 13 Bankruptcy has been<br />
discharged for at least two (2) years.<br />
For Case Numbers Assigned prior to April 1, 2012 and after April 8, 2012, follow the<br />
guidelines below:<br />
DU will issue messaging regarding disputed accounts for <strong>FHA</strong> transactions. If the<br />
borrower is disputing any credit accounts or public records that appear on their credit<br />
report, submit the file to a direct endorsement underwriter for review unless:<br />
• the disputed account has a zero balance, is marked as “paid in full” or “resolved”<br />
on the credit report, or<br />
• has both a balance less than $500 and the date of the dispute is more than 24<br />
months old.<br />
For Case Numbers Assigned between April 1, 2012 and April 8, 2012, follow the<br />
guidelines outlined here.<br />
Continued on next page<br />
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Credit Requirements, Continued<br />
Collections For Case Numbers Assigned prior to April 1, 2012 and after April 8, 2012, follow the<br />
guidelines below:<br />
• It is SunTrust’s requirement for all AUS (DU and LP) processed loans:<br />
collections and charge off account(s) that total more than $5,000 must be paid<br />
off prior to or at closing. Funds sufficient to settle the account(s) must be verified<br />
and documented. It is NOT acceptable to pay down the aggregate balance of<br />
these accounts to $5,000 and allow them to remain open. Underwriter discretion<br />
will be used on collections outstanding less than $5,000 after full review of the<br />
file.<br />
• Account balances reduced to a judgment by a court must be paid in full.<br />
• <strong>The</strong> following criteria applies for loans that do not receive and “Approve/Eligible”<br />
through Total Scorecard:<br />
• Collections will be reviewed on a case by case basis depending on the<br />
overall quality,<br />
• Major indications of derogatory credit require sufficient written explanation<br />
from the borrower (i.e., collections, judgments, and any other recent credit<br />
problems). <strong>The</strong> explanation must make sense and be consistent with other<br />
credit information in the file,<br />
• Collections may be required to be paid off by closing based upon underwriter<br />
discretion after full review of the file, and<br />
• Underwriter must provide comments on the <strong>FHA</strong> <strong>Loan</strong> Underwriting and<br />
Transmittal Summary (HUD-92900-LT) regarding his/her analysis of the<br />
collections and the borrower’s willingness to repay obligations.<br />
For Case Numbers Assigned between April 1, 2012 and April 8, 2012, follow the<br />
guidelines outlined here.<br />
• <strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU Freddie Mac LP<br />
• If “Approve/Eligible,” explanations of<br />
late payments are not required.<br />
• If “Approve/Eligible,” a hypothetical<br />
monthly payment does not need to be<br />
used in qualifying the borrower.<br />
If “Accept/Eligible,” explanations of late<br />
payments are not required.<br />
Continued on next page<br />
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Credit Requirements, Continued<br />
Consumer<br />
Credit<br />
Counseling<br />
• If a borrower is in a Consumer Credit Counseling <strong>Program</strong>, HUD views such a<br />
borrower in the same terms as a borrower who has gone through a Chapter 13<br />
bankruptcy.<br />
• If the borrower has been paying at least 12 months satisfactorily and the<br />
borrower receives written permission from the counseling agency to enter into<br />
the mortgage transaction, the borrower may be acceptable.<br />
• Since some creditors may still report the borrower as delinquent, even though<br />
they have agreed to accept a lower payment, this must be considered in the<br />
analysis of the borrower’s overall credit.<br />
• <strong>The</strong>se cases should be analyzed on a case-by-case basis. It is a judgment call<br />
on the part of the DE underwriter after analyzing all the factors. <strong>The</strong> borrower<br />
being in a Consumer Credit Counseling program is viewed as neither a positive<br />
nor a negative.<br />
Note: TOTAL Scorecard will not recognize the borrower being in a Consumer<br />
Credit Counseling program. <strong>The</strong> underwriter should ensure HUD/<strong>FHA</strong><br />
requirements are met.<br />
Continued on next page<br />
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Credit Requirements, Continued<br />
Credit Alert<br />
Interactive<br />
Voice<br />
Response<br />
(CAIVRS)<br />
System<br />
General Information<br />
• <strong>The</strong> CAIVRS code is required on all <strong>FHA</strong> loans except streamline refinances.<br />
• <strong>The</strong> CAIVRS system will verify if the borrower(s) has had an insurance claim<br />
paid in the three (3) years prior to loan application on a previous HUD-insured<br />
mortgage or if there is a current delinquency on a HUD-insured mortgage.<br />
• If CAIVRS results show a claim delinquency, the borrower is generally not<br />
eligible for a <strong>FHA</strong>-insured mortgage. (see “Eligibility Exceptions” below.)<br />
• <strong>The</strong> CAIVRS system may be accessed by electronic response when ordering<br />
the <strong>FHA</strong> Case Number in <strong>FHA</strong> Connection.<br />
• <strong>The</strong> authorization code and message provided for each borrower by the CAIVR<br />
system must be written on the <strong>FHA</strong> <strong>Loan</strong> Underwriting and Transmittal<br />
Summary (HUD-92900-LT).<br />
• HUD does not allow credit bureaus to obtain the CAIVRS numbers.<br />
• Lenders may not rely on a clear CAIRVS approval when in possession of<br />
independent evidence of delinquent federal obligations and must document the<br />
resolution of any conflicting information.<br />
• If there is a delinquency code, the lender must contact the appropriate HUD<br />
HOC in order to obtain the necessary information to determine if the borrower<br />
qualifies for the <strong>FHA</strong> mortgage:<br />
HOC Phone Number<br />
Philadelphia HOC 1-215-656-0578, ext. 3059<br />
Atlanta HOC 1-888-696-4687 (select an option)<br />
Denver HOC 1-800-543-9378<br />
Santa Ana HOC 1-888-827-5605, ext. 3171<br />
Eligibility Exceptions<br />
• If the default or claim was caused by one of the following, the borrower(s) is<br />
eligible to receive another HUD-insured mortgage providing the appropriate<br />
documentation supporting the borrower(s) eligibility is attached to the <strong>FHA</strong> <strong>Loan</strong><br />
Underwriting and Transmittal Summary (HUD-92900-LT):<br />
• Assumption: if the borrower sold the property with or without a release of<br />
liability, to an individual who subsequently defaulted, the borrower is eligible<br />
provided he/she can prove the loan was not in default at the time of the<br />
assumption,<br />
Continued on next page<br />
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Credit Requirements, Continued<br />
Credit Alert<br />
Interactive<br />
Voice<br />
Response<br />
(CAIVRS)<br />
System,<br />
(continued)<br />
Eligibility Exceptions, continued<br />
• Divorce: if there was a default on a mortgage awarded to a former spouse and<br />
the divorce decree or legal separation agreement awarded the property to that<br />
spouse (if a claim was paid, the mortgage must have been in default after the<br />
divorce decree or separation agreement was signed), or<br />
• Bankruptcy: if the property was included in a bankruptcy that was caused by<br />
circumstances beyond the borrower’s control.<br />
Alpha Code Definitions<br />
• A = No activity<br />
• B = Title I claim and/or Title II default<br />
• C = Title I and/or claim<br />
• D = One or more Title II defaults<br />
• E = One or more Title I claims<br />
Steps to Cure Problems<br />
If the code is “B-E” the borrower must contact the HUD Field Office for direction.<br />
Instructions given by the HUD Field Office must be provided by the borrower and<br />
must be followed to “cure” the problem.<br />
Credit Inquiries • Documentation of inquires is based on underwriting discretion upon full analysis<br />
of the loan file.<br />
• All inquiries within the last 90 days must be indicated on the credit report and<br />
explained in writing by the borrower. Any new debt must be verified and<br />
included in the debt ratio.<br />
• If the credit report reflects credit inquiries from lenders (including SunTrust Bank,<br />
Inc.) within 120 days of the credit report date, explanation for all inquiries<br />
referenced, except for the inquiry made by the originating lender that is directly<br />
related to the subject mortgage loan application, is required.<br />
Note: An explanation for the credit inquiry made by the originating lender that is<br />
directly related to the subject mortgage loan application is not required.<br />
• If the explanation reveals that new debt has been incurred which is not present<br />
on the initial application or on the credit report, documentation must be obtained<br />
from the borrower which indicates the balance and payment of the debt. This<br />
information must be included as a liability on the 1003 and the borrower must be<br />
requalified and/or the loan re-priced based on this new information.<br />
Note: At this time, SunTrust will NOT be pulling a new credit report prior to purchase<br />
to validate if the borrower has incurred any additional liabilities<br />
Continued on next page<br />
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Credit Requirements, Continued<br />
Credit Reports A merged in-file credit report from three (3) repositories is acceptable in lieu of a full<br />
Residential Mortgage Credit Report (RMCR).<br />
• Credit Reports with truncated SSN’s (Example: xxx-xx-1234) are acceptable<br />
under the following guidelines:<br />
• <strong>The</strong> credit report must reflect a minimum of the last four digits of the<br />
borrower’s social security number,<br />
• the mortgage application (1003) must have the complete 9 digit social<br />
security number,<br />
• the borrowers name, social security number and date of birth must be<br />
validated through <strong>FHA</strong> connection or its equivalent, and<br />
• lenders are responsible for verifying each borrower’s social security number<br />
as well as each borrower’s identity.<br />
• All copies of all credit report must be retained along with a written analysis of<br />
the reasons for any discrepancies between the credit reports. If any<br />
information is received that is inconsistent with the information on the credit<br />
report, the inconsistency must be reconciled.<br />
• SunTrust will not accept a Non-Traditional credit report (NTMCR) to offset<br />
derogatory references found in the borrower’s traditional credit, such as<br />
collections and judgments.<br />
Reference: See the HUD Handbook 4155.1, Chapter 1 for additional information on<br />
TRMCRs, RMCRs and NTMCRs.<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU/Freddie Mac LP<br />
• Joint credit reports may be ordered for borrowers who are married to each<br />
other.<br />
• If there are two (2) or more borrowers who are not married to each other,<br />
individual credit reports must be ordered for each borrower, even if they live<br />
together and co-mingle accounts.<br />
• A merged in-file credit report from three repositories is obtained through DU.<br />
• All credit reports for all borrowers must be reviewed.<br />
• <strong>The</strong> feedback certificate must identify the borrower’s credit report used for<br />
TOTAL’s risk evaluation.<br />
• If the subject property is located in a community property state and the borrower<br />
has a non-purchasing spouse, individual credit reports are required. <strong>The</strong> nonpurchasing<br />
spouse’s report should be ordered outside of DU.<br />
• Credit Report Expiration Date: <strong>The</strong> credit documents may be up to 120 days old<br />
at the time the loan closes unless the transaction is for new construction, in<br />
which case, the documents can be 180 days old.<br />
• DU will return a message identifying the final date the loan can close based on<br />
the date the credit report will expire.<br />
Continued on next page<br />
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Credit Requirements, Continued<br />
Escrow<br />
Waivers<br />
Minimum Floor<br />
Credit Score<br />
Requirements<br />
Waiver of tax and/or insurance escrow is not allowed.<br />
• A minimum floor credit score of 640 is required on all non-jumbo <strong>FHA</strong> loan<br />
programs including DU “Approve/Eligible” loans.<br />
• ALL borrowers are required to meet this new minimum floor credit score on all<br />
non-jumbo <strong>FHA</strong> loan programs.<br />
Reference: See the Streamline Refinance subtopic previously presented for<br />
additional information on credit score requirements on <strong>FHA</strong> Streamline<br />
refinances.<br />
Notes:<br />
• DU “Approve/Ineligible” loans require an Underwriter to sign off on the loan.<br />
All borrowers are required to have a minimum 640 credit score in this case.<br />
• All data that has been input into the AUS engine MUST be validated and<br />
deemed accurate.<br />
• If the <strong>FHA</strong> product description includes a minimum credit score HIGHER<br />
than the minimums outlined above, the HIGHER restriction still applies.<br />
• If a borrower does not have traditional credit references with which to generate a<br />
credit score, the borrower is considered “unscoreable,” and is not eligible for<br />
financing with SunTrust.<br />
• <strong>The</strong> credit scores must be entered into the <strong>FHA</strong> Connection (or its functional<br />
equivalent).<br />
• Credit scores not entered by TOTAL Scorecard are entered at the Insurance<br />
Application process by the Post-Closing Department.<br />
• Only one credit score is required for an occupant borrower for the loan to be<br />
eligible for the <strong>FHA</strong> TOTAL Scorecard.<br />
Note: Once a mortgage loan is scored through TOTAL Scorecard the credit<br />
bureau scores remain permanent (unless re-scored through TOTAL) and cannot<br />
be changed with manual input.<br />
Continued on next page<br />
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Credit Requirements, Continued<br />
Debts Omitted<br />
or Not Verified<br />
on Credit<br />
Report<br />
Delinquent<br />
Federal Debt<br />
<strong>The</strong> lender must obtain a separate written verification (this includes accounts listed<br />
as “will rate by mail only” or “need written authorization”).<br />
• A borrower is not eligible for a HUD insured loan if he/she has any outstanding<br />
Federal debt (this includes debt of borrower sponsor, general contractor, and all<br />
principal of these entities), until the delinquent account is brought current, paid,<br />
or satisfied.<br />
• Federal debts include direct loans, HUD-insured mortgage loans, VA-insured<br />
mortgages, student loans, Small Business Administration loans, or<br />
judgments/liens against property for a debt owed the Federal Government.<br />
• A borrower with prior Federal defaults or claims must submit an explanation of<br />
the circumstances surrounding the delinquency with the following documents:<br />
• detailed explanation of how delinquent debt was incurred,<br />
• letterhead advice from affected agency, signed by an officer and stating that the<br />
delinquent debt is current or that satisfactory arrangement for repayment has<br />
been made, and<br />
• lender’s reason(s) for recommendation of the borrower (can include worksheets<br />
and remark sections from processing documents or a cover letter).<br />
Exception<br />
• A tax lien may remain unpaid if the lien holder subordinates the lien to the HUD<br />
insured mortgage and payment on the lien is included in the qualifying ratios.<br />
• If the lender has evidence that the IRS has demanded a first-lien position, the<br />
lien must be satisfied prior to closing.<br />
• <strong>The</strong> IRS routinely takes a second lien position on a principal residence without<br />
the necessity of independent documentation.<br />
• Eligibility for <strong>FHA</strong> mortgage insurance will not be jeopardized by outstanding IRS<br />
tax liens remaining on the property UNLESS there is information that the IRS<br />
has demanded a first-lien position.<br />
Note: Although eligibility for an <strong>FHA</strong> mortgage may be established by the<br />
actions described above, the overall analysis of the creditworthiness must<br />
include consideration of a borrower’s previous failure to make payments to the<br />
Federal agency in the agreed to manner and must document its analysis of how<br />
the previous failure does not represent a risk of mortgage default.<br />
• Delinquent payments must be explained in writing by the borrower to the<br />
satisfaction of the underwriter. Supporting documentation may be required.<br />
• Documentation of late payments is based on underwriting discretion upon full<br />
analysis of the loan file.<br />
Continued on next page<br />
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Credit Requirements, Continued<br />
Duplicate<br />
Public Records<br />
Foreclosure/<br />
Deed in Lieu of<br />
Foreclosure/<br />
Short Sale<br />
Judgments,<br />
Garnishments,<br />
and Liens<br />
• If it is unclear from the credit report that an item is duplicated, each item should<br />
be treated individually and appropriate documentation must be obtained.<br />
• A foreclosure, deed-in-lieu of foreclosure or short sale within the three (3) year<br />
period prior to loan application is not acceptable on a HUD insured loan. If the<br />
foreclosure was part of a bankruptcy, the more restrictive three (3) year wait<br />
remains in effect.<br />
• <strong>The</strong>re is an exception if the foreclosure was on the borrower’s principal<br />
residence and was the result of extenuating circumstances beyond borrower’s<br />
control (i.e., death of the principal wage earner, or serious long-term illness).<br />
• In the case of an exception, the borrower must have re-established new credit<br />
with no derogatory credit since the foreclosure and he/she provide a letter from<br />
the lender who held the lien showing no outstanding liability.<br />
• Inability of a borrower to sell his/her home when transferred from one area to<br />
another is not an acceptable reason for foreclosure or deed-in lieu.<br />
Reference: See the Section 1.28: Short Sale and Restructured Mortgage <strong>Loan</strong>s<br />
document for additional information.<br />
For Case Numbers Assigned prior to April 1, 2012 and after April 8, 2012, follow the<br />
guidelines below:<br />
• Judgments, garnishments and/or liens must be paid in full at or prior to closing.<br />
• A letter of explanation written by the borrower is required.<br />
• Borrower must provide documentation of payoff.<br />
• <strong>The</strong> borrower must have reestablished credit, as reflected on the credit report in<br />
the file.<br />
• An exception may be made if the borrower has been making regular and timely<br />
payments on the judgment and the creditor is willing to subordinate that<br />
judgment to the insured first lien mortgage.<br />
For Case Numbers Assigned between April 1, 2012 and April 8, 2012, follow the<br />
guidelines outlined here.<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU Freddie Mac LP<br />
Standard <strong>FHA</strong> guidelines apply. If underwriting is through LP, an<br />
explanation is not required.<br />
Continued on next page<br />
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Credit Requirements, Continued<br />
Mortgage/<br />
Rental Payment<br />
Histories<br />
• <strong>The</strong> borrower’s housing payment history is significant when evaluating credit.<br />
• <strong>The</strong> lender must determine the borrower’s housing payment history through a:<br />
• credit report,<br />
• verification of rent directly from the landlord (for landlords with no identity-ofinterest<br />
with the borrower),<br />
• verification of the mortgage directly from the mortgage servicer, or<br />
• the review of canceled checks that cover the most recent 12 month period.<br />
Note: <strong>The</strong> lender must verify/document the previous 12 months housing history<br />
even if the borrower states they are living rent free.<br />
• Mortgages with less than 6 months of payment history are not eligible for a cashout<br />
refinance.<br />
• Properties owned free and clear are eligible for cash-out refinances.<br />
• Traditional underwriting is required for streamline refinance, second home, and<br />
investment property transactions or if the credit report used by TOTAL Scorecard<br />
does not accurately reflect the mortgage payment history.<br />
Reference: See Privately Held Mortgages subsequently presented for additional<br />
information regarding payment verification requirements for privately held<br />
mortgages.<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU/Freddie Mac LP<br />
• Typically, the loan will receive an “Approve/Ineligible” if there are any 30/60/90 day late payments in<br />
the last 12 months on the credit report.<br />
• If “Approve/Eligible,” rental payment history verification is not required.<br />
• If “Approve/Eligible,” the loan must be manually downgraded to a “Refer” and traditionally<br />
underwritten if the following applies:<br />
• <strong>The</strong> information was reported incorrectly on the credit report; or<br />
• <strong>The</strong> account was not reflected on the credit report but direct verification outside of DU reflects<br />
more than 1x30 day late in the last 12 months.<br />
• <strong>The</strong> loan is a cash-out refinance and any mortgage trade line, including mortgage line-of-credit<br />
payments, during the most recent 12 months reflects<br />
• Any mortgage delinquencies in the most recent 12 month period, or<br />
• With less than 6 months payment history on the existing mortgage, or<br />
• Currently delinquent.<br />
Reference: See Privately Held Mortgages subsequently presented for additional information regarding<br />
payment verification requirements for privately held mortgages.<br />
Continued on next page<br />
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Credit Requirements, Continued<br />
Privately Held<br />
Mortgages<br />
Non-Traditional<br />
Credit<br />
A “privately held mortgage” is a mortgage or trust deed which is granted to a borrower<br />
with private monies and is between an individual investor, partnership, LLC, trust, etc.,<br />
who has interest in the property and/or the person who purchased the property.<br />
If a borrower is refinancing a privately held mortgage, the following payment<br />
verification requirements apply:<br />
• A mortgage payment history of 12 months must be met.<br />
• At a minimum, at least six (6) months mortgage payments on the current<br />
privately held mortgage must be verified. <strong>The</strong> remaining six (6) months can<br />
come from a previous mortgage or rental verifications.<br />
• <strong>The</strong> privately held mortgage payments must be verified with either cancelled<br />
checks or bank statements (if the payment is automatically withdrawn from<br />
the borrower’s account).<br />
• If less than the minimum six (6) months mortgage payments on the current<br />
privately held mortgage are verified and the property is a 1 unit primary<br />
residence, then the following applies:<br />
• <strong>The</strong> borrower’s previous mortgage or rental payments may be used to<br />
supplements the required twelve (12) month payment history, but may not<br />
be used solely to satisfy the required payment history.<br />
• If previous mortgage or rental payments are used to supplement the<br />
required twelve (12) month payment history, then the previous mortgage<br />
or rental history must reflect no more than 1x30 late in the supplemental<br />
history.<br />
• <strong>The</strong> borrower’s previous rental history may be used to supplement the<br />
twelve (12) month history only if the rental payments are consistent with<br />
or within 20% of the total proposed PITIA mortgage payment.<br />
• If a mortgage payment is not required for the current privately held mortgage,<br />
then non-AUS guidelines apply for ratio and reserve requirements.<br />
• If the property is a 2-4 unit primary residence, the minimum six (6) month<br />
mortgage payment history on the current privately held mortgage must be<br />
verified, no exceptions.<br />
• Evidence must be included in the loan file that the lien being paid off is a<br />
current recorded lien against the subject property.<br />
• All other <strong>FHA</strong> credit history requirements apply.<br />
Note: <strong>The</strong>se guidelines apply for all traditionally underwritten AND AUS<br />
processed <strong>FHA</strong> loans.<br />
If a borrower does not have traditional credit references with which to generate a<br />
credit score, the borrower is considered “unscoreable,” and is not eligible for financing<br />
with SunTrust.<br />
Continued on next page<br />
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Credit Requirements, Continued<br />
Recent and<br />
Undisclosed<br />
Debts<br />
Suspensions<br />
and<br />
Debarments<br />
• <strong>The</strong> purpose of any recent debts must be determined as the indebtedness may<br />
have been incurred to obtain part of the required down payment on the property<br />
being purchased. Unsecured debt may not be used for down payment.<br />
• <strong>The</strong> borrower must also provide a satisfactory explanation for any significant<br />
debt that is shown on the credit report but not listed on the loan application.<br />
• A borrower who is suspended, debarred, or otherwise excluded from<br />
participation in HUD’s programs is not eligible for a HUD insured mortgage.<br />
This is verified on HUD’s “Limited Denial of Participation (LDP) List” and the<br />
government wide General Services Administration’s (GSA) “List of Parties<br />
Excluded from Federal Procurement or Non-procurement <strong>Program</strong>s”. <strong>The</strong> results<br />
of reviewing these two lists must be documented on the <strong>FHA</strong> <strong>Loan</strong> Underwriting<br />
and Transmittal Summary (HUD-92900-LT) to confirm that the LDP/GSA lists<br />
have been checked.<br />
• <strong>The</strong> listing/selling Realtors, Builder, seller, and loan officer must also be verified<br />
on the LDP/GSA lists.<br />
• LDP/GSA lists can be accessed via <strong>FHA</strong> Connection or the Internet web site.<br />
Exception: If the seller(s) is on the GSA list but the property being sold is the<br />
seller’s principal residence, the transaction is eligible for HUD financing<br />
(assuming that all other parties are eligible).<br />
Continued on next page<br />
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Credit Requirements, Continued<br />
Documentation Age of Credit Documents<br />
• If the property is existing, credit documents (credit reports, employment, income<br />
and asset documentation) cannot be older than 120 days from the Note date.<br />
• If the property is new construction, credit documents (credit reports,<br />
employment, income and asset documentation) cannot be older than 180 days<br />
from the Note date.<br />
• <strong>The</strong> expiration date for the documents is based on the origination date on the<br />
document and not on the underwriting date.<br />
• All accounts with a balance must have been checked with the creditor within 90<br />
days of the credit report. All inquiries made within the last 90 days must also be<br />
included on the credit report.<br />
Alternate<br />
Documentation<br />
Written, Faxed, or Internet Verifications of Employment and Assets<br />
• If written verification forms are used, the lender’s file must contain the original<br />
form (or a faxed form) with an original signature of the party completing the form.<br />
• Verification forms must pass directly between the lender and creditor without<br />
being handled by a third party.<br />
• Internet downloads may be used but must be placed in the file in paper form.<br />
<strong>The</strong> documents must clearly identify the firm’s name and source of information.<br />
<strong>The</strong> lender is accountable for ascertaining the authenticity of the document by<br />
examining that information included on any headers, footers, and the banner<br />
portion of the print outs of the downloaded web pages(s). <strong>The</strong> printed web<br />
page(s) must also show the Uniform Resource Locator (URL) address and the<br />
date and time printed. <strong>The</strong> lender is to verify the existence of the web site from<br />
which the documents were derived.<br />
• <strong>The</strong> Internet downloaded documents must be identifiable as belonging to the<br />
borrower.<br />
• Documents relating to credit, employment or income of the borrowers that are<br />
handled by, transmitted from or through interested third parties (i.e., real estate<br />
agents, builders, sellers) or by using their equipment are not acceptable and may<br />
not be used as documentation.<br />
Verification of Mortgage/Rental<br />
One (1) of the following is acceptable:<br />
• most recent 12 month history as reflected on the credit bureau report,<br />
• most recent 12 months canceled checks (front and back),<br />
• previous year end statement and canceled checks year-to-date (front and back),<br />
or<br />
• written verification of mortgage or rental.<br />
Credit Report<br />
• An in-file credit report is acceptable, as long as it provides information from three<br />
(3) repositories.<br />
• If an in-file cannot meet HUD’s requirements, a full RMCR is required.<br />
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<strong>FHA</strong> Social Security Number Validation<br />
Social Security<br />
Number<br />
Validation and<br />
Effect on Case<br />
Number<br />
Assignments<br />
General<br />
• <strong>FHA</strong> will validate Social Security Numbers (SSN) for consistency with borrower<br />
names and dates of birth as a further means of reducing identify theft and fraud<br />
to protect the insurance funds managed by <strong>FHA</strong>.<br />
• This service is only for <strong>FHA</strong> loans, and may not be used to verify Social Security<br />
Numbers (SSN) for other financing types.<br />
Reference: See the <strong>FHA</strong> Case Number Assignment and Cancellation subtopic in the<br />
Overview topic for additional information.<br />
Lender’s Responsibilities<br />
• <strong>The</strong> modified Addendum to Uniform Residential <strong>Loan</strong> Application (HUD-92900-<br />
A), pages 1 and 2 must be used for all new loan applications to provide<br />
disclosure to and consent by the borrower to verify his/her SSN, as well as each<br />
borrower’s identity. . See<br />
http://portal.hud.gov/hudportal/documents/huddoc?id=92900-a.pdf for revised<br />
form 92900-A.<br />
• <strong>The</strong> borrower’s name, SSN and birth date are entered by the lender at the<br />
borrower/address screen through the <strong>FHA</strong> Connection (<strong>FHA</strong>C) on all loans<br />
except proposed new construction.<br />
• It remains the lenders responsibility to verify each borrower’s SSN and identity.<br />
• <strong>Loan</strong>s may not be closed or endorsed without an approved validation by <strong>FHA</strong>.<br />
Reference: See “Social Security Numbers” in the topic “Application, Disclosures<br />
and Consumer Compliance” for additional information.<br />
<strong>FHA</strong>’s Online Validation System<br />
• <strong>FHA</strong>’s on-line system provides an overall confidence rating. An acceptable<br />
confidence rating allows a case number to be assigned and the lender may<br />
continue to process the loan.<br />
• Validation will also be performed when the borrower name, date of birth or SSN<br />
is changed after the case number has been assigned. If the validation fails, a<br />
case warning will remain on the loan and the lender will need to resolve the<br />
inconsistency before the mortgage may be endorsed.<br />
• If an acceptable confidence rating is NOT received, one of the following actions<br />
may be taken by the lender:<br />
• Correct any or all of the three data fields to trigger additional verification<br />
attempts, if incorrect date, or<br />
• If it is believed the data is correct, override the online validation, continue<br />
with all other data entries into <strong>FHA</strong> Connection. <strong>The</strong> results of this action are<br />
shown below.<br />
Continued on next page<br />
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<strong>FHA</strong> Social Security Number Validation, Continued<br />
Social Security<br />
Number<br />
Validation and<br />
Effect on Case<br />
Number<br />
Assignments,<br />
(continued)<br />
<strong>FHA</strong>’s Online Validation System, continued<br />
• <strong>The</strong> application is placed in the “holds tracking” mode resulting in an overnight<br />
validation attempt with the SSA’s database.<br />
• If successful, a case number is normally assigned the next day following<br />
successful verification by SSA; however, a two-day case number assignment<br />
may occur.<br />
• If the overnight matching with SSA fails, <strong>FHA</strong> will communicate the information<br />
regarding mismatched data fields, including transposed numbers, date of birth<br />
inconsistency, complete failure to match, etc. No case number will be issued.<br />
Evidence System is in Error<br />
• <strong>The</strong> lender may provide documentation to the jurisdictional Homeownership<br />
Center (HOC) if the borrower produces conclusive documentation that the SSA<br />
database is in error (i.e., borrower name change following recent marriage).<br />
• If the HOC staff believes the documentation to be valid, it will manually issue a<br />
case number.<br />
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Cash Requirements<br />
General In all cases, the source of funds for closing must be verified with acceptable<br />
documentation including AUS loans.<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU Freddie Mac LP<br />
All assets entered in DU must be verified. • All assets entered in LP must be verified.<br />
• If the transaction is a refinance and the borrower is<br />
required to bring cash to closing, the source of closing<br />
funds must be verified if closing costs are greater than<br />
4% of the loan amount. If closing costs are 4% or less,<br />
verification of the source of funds is not required.<br />
Advance<br />
Mortgage<br />
Payments<br />
Prohibited<br />
Borrowers at<br />
Least 60 Years<br />
Old<br />
Cash Reserve<br />
Requirements<br />
<strong>FHA</strong> does not permit a lender, as a condition for making a <strong>FHA</strong> mortgage, to collect<br />
advance payments of the mortgage. Borrowers are not to be required to write postdated<br />
checks, give cash, or otherwise make mortgage payments in advance of the<br />
borrower’s mortgage payment requirements under the security instrument.<br />
Reference: See the Borrowers 60 years of Age subtopic in the Eligible Borrowers<br />
topic for additional information.<br />
General<br />
• Assets, other than those necessary to cover closing funds, must be liquid or<br />
readily converted to cash (absent requirement or job termination) in order to be<br />
considered as cash reserves).<br />
• If funds not considered for cash reserves are used for closing, they should be<br />
considered assets only for the amount that is required for closing. Additional<br />
funds would not be considered “cash reserves.”<br />
Cash Reserve Requirements<br />
• <strong>The</strong>re are no cash reserve requirements except under the following conditions:<br />
• three (3) months PITI reserves are required on all transactions for 3-4 unit<br />
properties, or<br />
• cash reserves may be needed for a compensating factor if debt ratios<br />
exceed the guidelines.<br />
Assets Not Considered Cash Reserves<br />
• <strong>The</strong> following assets are not considered “cash reserves”:<br />
• equity in other properties (not including a primary residence being sold with<br />
proceeds applied to the purchase of the subject property),<br />
Continued on next page<br />
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Cash Requirements, Continued<br />
Cash Reserve<br />
Requirements<br />
(continued)<br />
Assets Not Considered Cash Reserves, continued<br />
• <strong>The</strong> following assets are not considered “cash reserves”:<br />
• proceeds from a cash-out refinance (if this is the subject transaction),<br />
• gift funds, and<br />
• funds that are borrowed against a liquid account (i.e., 401k loan).<br />
Note: Any gift funds that remain in the borrower’s account following closing, subject<br />
to proper documentation, may be considered as cash reserves when scoring the<br />
mortgage application through TOTAL Scorecard.<br />
Cash Reserves from Retirement Accounts<br />
• A portion of the borrower’s retirement account may be used as cash reserves<br />
when scoring a mortgage application through TOTAL Scorecard subject to the<br />
conditions listed below:<br />
• only 60% of the VESTED amount of the account may be used to account for<br />
withdrawal penalties and taxes.<br />
• the lender must document the existence of the account with the most recent<br />
depository or brokerage account statement.<br />
• evidence must be provided that the retirement account allows for<br />
withdrawals for conditions other than in connection with the borrower’s<br />
employment termination, retirement, or death.<br />
• retirement funds that can only be withdrawn under the conditions noted<br />
above may not be used as cash reserves.<br />
• any retirement funds that are also used for loan settlement must be<br />
subtracted from the amount included in cash reserves.<br />
Cash on Hand Cash at Home<br />
• Borrowers must be able to demonstrate the ability to save such funds.<br />
• <strong>The</strong> cash must be verified as deposited in a financial institution or held by the<br />
escrow/title company.<br />
• <strong>The</strong> borrower is responsible for providing satisfactory evidence of the ability to<br />
accumulate such savings (i.e., explanation of how funds were accumulated and<br />
over what period of time and a completed budget plan).<br />
• <strong>The</strong> reasonableness of the accumulation of the funds based on the borrower’s<br />
income stream, the time period during which the funds were saved, the<br />
borrower’s spending habits, documented expenses and history of using financial<br />
institutions. (Individuals with checking and/or savings accounts are less likely to<br />
save money at home than those with no history of such accounts.)<br />
• Income that is not reported to the IRS cannot be used for source of cash saved<br />
at home.<br />
Cash From Private Savings Clubs<br />
• Private savings clubs include those used by numerous ethnic groups.<br />
• <strong>The</strong> borrower must be able to adequately document the accumulation of his/her<br />
assets held with the club.<br />
Continued on next page<br />
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Cash Requirements, Continued<br />
Cash on Hand,<br />
(continued)<br />
Checking &<br />
Savings<br />
Accounts and<br />
Certificates of<br />
Deposit<br />
Cash From Private Savings Clubs, continued<br />
• <strong>The</strong>re must exist, at minimum, account ledgers, receipts from the club, to enable<br />
a lender to receive verification from the club treasurer, as well as identification of<br />
the club that would permit you to re-verify the information provided.<br />
• <strong>The</strong> underwriter must be able to determine that it was reasonable for the<br />
borrower to save the money claimed and that there is no evidence that these<br />
funds are borrowed funds with an expectation of repayment.<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU/Freddie Mac LP<br />
<strong>The</strong> borrower must provide one of the following:<br />
• most recent monthly bank statement showing the previous month’s ending<br />
balance if received monthly. If previous month’s balance is not shown, the most<br />
recent 2 monthly statements are required (in some cases, the AUS Findings<br />
Report may require 2 months), or<br />
• most recent quarterly bank statement, if received quarterly.<br />
Explanations are required for large deposits on bank statements that may require<br />
additional documentation.<br />
• Note: If the borrower does not hold the deposit account solely, all nonborrower’s<br />
on the account must provide a written joint access letter stating that<br />
the borrower has full access and use of the funds.<br />
Continued on next page<br />
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Cash Requirements, Continued<br />
Large Deposits • A large deposit could be a single deposit or multiple deposits over a period of<br />
time, which in aggregate, results in a large deposit. “Period of time” equals the<br />
period covered by the bank statements reviewed by the underwriter which, in<br />
aggregate, results in a large deposit.<br />
• We consider the following a large deposit:<br />
• Single deposits that represent 10% of the borrower’s gross monthly income.<br />
• If the bank account is joint with another borrower then review single<br />
deposits of 10% or more of the joint borrower’s gross monthly income.<br />
• If joint borrowers have separate account(s) then review single deposits<br />
of 10% or more of the individual borrower’s gross monthly income.<br />
• Self-employed borrower gross income is the monthly qualifying income<br />
used for the self-employed borrower.<br />
• Multiple aggregated deposits which represent 20% of the borrower’s gross<br />
monthly income for the period covered on the bank statement.<br />
• If the bank account is joint with another borrower then review multiple<br />
deposits of 20% or more of the joint borrower’s gross monthly income.<br />
• If joint borrowers have separate account(s) then review multiple deposits<br />
of 20% or more of the individual borrower’s gross monthly income.<br />
• Self-employed borrower gross income is the monthly qualifying income<br />
used for the self-employed borrower.<br />
• Account balance greater than the average balance over the previous two<br />
months.<br />
• <strong>The</strong> following large deposit documentation requirements apply:<br />
• Require a satisfactory signed letter of explanation from the borrower in all<br />
circumstances regardless if funds are needed for closing.<br />
• A letter of explanation is not required if funds are transferring from one<br />
account to another (i.e., checking to savings, money market to savings<br />
or checking, etc.) and both sides of the transfer(s) are tracked on the<br />
bank statement(s) in the file.<br />
• <strong>The</strong> appropriate level of due diligence must be used to ensure large deposits<br />
are not the result of undisclosed debt or because of incentives from a seller,<br />
realtor, builder, or developer.<br />
• Using the funds in question for down payment, closing cost, earnest money<br />
deposit, or reserves, requires additional supporting documentation to verify<br />
the source of funds.<br />
• If funds in question are not being used for down payment, closing costs,<br />
earnest money deposit, or reserves, and due diligence has been performed<br />
to ensure the funds are not from an unacceptable source, the underwriter<br />
may deduct the large deposit from the balance of the account and allow<br />
remaining funds to be used to qualify.<br />
• When reducing the asset balance by the amount of the large deposit, the<br />
reason for the change in the asset amount requires documentation, and<br />
update to AUS (if applicable) with the adjusted asset balance, and rerun of<br />
AUS to update the AUS decision.<br />
Continued on next page<br />
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Cash Requirements, Continued<br />
Large Deposits,<br />
(continued)<br />
Commission<br />
From Sale<br />
Credit Card<br />
Financing<br />
• When identifying the source of deposits take into consideration:<br />
• Do the deposits reflect a normal deposit pattern from an identifiable source?<br />
• Are the total monthly deposits consistent with the borrower’s income and<br />
earnings profile?<br />
• Does the borrower have direct deposits over a period of time which, in total,<br />
result in a large deposit?<br />
• Is the deposit possibly a loan?<br />
• Are there credit inquiries which may be a red flag?<br />
• Was the account recently opened?<br />
• If the borrower is a licensed real estate agent entitled to a real estate<br />
commission from the sale of the property being purchased, those funds may be<br />
used as part of the down payment, a letter from the Real Estate Agency must<br />
state how much will be credited to the Sales Agent (after any commission split or<br />
deduction of other fees) at closing on the HUD-1.<br />
• A family member entitled to the commission may also gift the funds to the<br />
borrower.<br />
• <strong>The</strong>re is no required adjustment to the maximum mortgage.<br />
• <strong>The</strong> actual cost of a credit report and appraisal may be charged on a credit card<br />
when these cost are paid outside of closing under then following conditions:<br />
• a payment for the amount charged is included in the total debt ratio, and<br />
• the borrower has sufficient assets (documentation in file) to pay charged<br />
fees, in addition to funds needed for other closing costs and the down<br />
payment.<br />
Continued on next page<br />
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Cash Requirements, Continued<br />
Disaster Relief<br />
Grants and<br />
<strong>Loan</strong>s<br />
• Eligible grants and loans that may be used for the down payment with no<br />
adjustment to the maximum mortgage include the following:<br />
• grants or loans from state and federal agencies that provide immediate<br />
housing assistance to individuals displaced due to natural disaster, and<br />
• secured or unsecured disaster relief loans administered by the Small<br />
Business Administration (SBA).<br />
• If the SBA loan is secured by the subject property, it must be subordinate to the<br />
HUD insured first mortgage lien and the monthly payment must be included in<br />
the debt ratios.<br />
Down Payment • HUD requires a minimum down payment of three and one half percent (3.50%).<br />
• <strong>The</strong> minimum down payment is based on the lesser of the appraised value or<br />
sales price (without considering closing costs) minus any required adjustments.<br />
• <strong>The</strong> minimum down payment must be provided from borrower’s own cash funds<br />
(“own cash” is defined as inclusive of gifts, loans from family members, or loans<br />
from a governmental agency or instrumentality).<br />
Earnest Money<br />
Deposit<br />
Employer<br />
Assistance<br />
Plans<br />
Employer<br />
Guarantee<br />
Plans<br />
• <strong>The</strong> earnest money deposit (EMD) amount and source of funds must be verified<br />
if it is two percent (2.00%) or more of the sales price, if it appears excessive<br />
based on the borrower’s previous savings pattern or if the borrower is “tight” on<br />
closing funds.<br />
• A copy of the canceled check (front and back) must be provided and the source<br />
of the funds must be verified.<br />
• A certification from the deposit holder acknowledging receipt of funds is<br />
acceptable as long as it accompanies separate evidence of the source of funds.<br />
• Evidence of source of funds includes a verification of deposit or bank statement<br />
showing at the time the deposit was made the average balance was sufficient to<br />
cover the amount of the EMD.<br />
• If the employer, in order to entice or keep a valuable employee, pays the<br />
borrower’s closing costs, mortgage insurance premium, or any part of the down<br />
payment, no adjustment to the maximum mortgage amount is required.<br />
• If the employer does this as a reimbursement after closing the borrower must<br />
show evidence of sufficient funds to close.<br />
• Salary advances are not allowed as these are considered an unsecured loan.<br />
If the employer guarantees to purchase the borrower’s previous residence, as the<br />
result of relocation, the borrower must submit evidence of a relocation agreement<br />
and the net proceeds guaranteed.<br />
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Cash Requirements, Continued<br />
Gift/Grant<br />
Funds<br />
General Information<br />
• A gift may be used for 100% of the borrower’s closing costs and down payment.<br />
• Gift funds cannot be used as reserves. If the borrower is receiving a gift for<br />
more than the amount to close, the “excess” cannot be used as reserves. Only<br />
the amount of funds that will be used for closing should be shown as gift funds<br />
not received, or as an asset.<br />
Note: Any gift funds that remain in the borrower’s account following loan closing,<br />
subject to the proper documentation, may be considered as cash reserves when<br />
scoring the mortgage application through TOTAL.<br />
• Eligible donors include the following:<br />
• Federal/State/Local government agency or instrumentality,<br />
• close relative of the borrower,<br />
• close friend with a clearly defined and documented interest in the borrower,<br />
• a corporation established for humanitarian, welfare, or charitable purposes,<br />
or<br />
• borrower’s employer or labor union.<br />
• <strong>The</strong> donor of the gift cannot be a person or entity whose interest is in the sale of<br />
the property (i.e., builder or seller, real estate broker, marketing agent, or any<br />
person/corporation/organization associated with them). Gifts or credits from<br />
these sources are considered inducements to purchase and must be subtracted<br />
from the contract sales price.<br />
• Only family members may provide equity credit as a gift on a property being sold<br />
to other family members. This must be reflected on the HUD 1.<br />
• If a gift is being provided by a nonprofit, government entity or other business<br />
entity, the following is required:<br />
• Employer Identification Number (EIN) must be noted in the appropriate<br />
line(s) of the “Mortgage Information” section of the <strong>FHA</strong> <strong>Loan</strong> Underwriting<br />
and Transmittal Summary (HUD-92900-LT), and<br />
• the correct provider box must be marked below the space where the EIN is<br />
entered.<br />
• When the “Other” box is marked as the provider of secondary financing, the type<br />
of provider (i.e. employer, labor union) must also be identified.<br />
• Lenders must approve all “gift programs” administered by charitable<br />
organizations. <strong>The</strong> program must meet all HUD regulations and guidelines.<br />
Copies of the organization’s paperwork, program criteria, website, and sample<br />
forms, and any other applicable information will be reviewed.<br />
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Cash Requirements, Continued<br />
Gift/Grant<br />
Funds,<br />
(continued)<br />
General Information, continued<br />
Notes:<br />
• Nonprofit entities are not allowed to provide gifts to homebuyers for the<br />
purpose of paying off installment loans, credit cards, collections, judgments,<br />
and similar debts.<br />
• Soft seconds are shown as second mortgages and not as a gift.<br />
Documentation Requirements<br />
• Documentation of gift funds must include the following:<br />
• A gift letter with donor’s and borrower’s signature that specifically states the<br />
following information:<br />
• dollar amount given,<br />
• no repayment is necessary,<br />
• the donor’s name, address, telephone number and relationship to<br />
borrower,<br />
• the address of the property being purchased/refinanced<br />
• donor’s signature, and<br />
• the gift letter must state, “We ARE AWARE OF THE FOLLOWING : I/We<br />
fully understand that it is a Federal crime punishable by fine or<br />
imprisonment, or both, to knowingly make any false statements when<br />
applying for this mortgage, as applicable under the provision of Title 18,<br />
United States Code, Section 1014 and Section 1010.”<br />
Note: It is not acceptable to notate the loan file/application with the above gift<br />
donor information in lieu of a gift letter.<br />
• If the gift funds transfer before closing, the following documentation is<br />
required:<br />
• a copy of the donor’s canceled check or other withdrawal document<br />
showing that the withdrawal is from the donor’s account, and<br />
• the borrower’s deposit receipt and bank statement showing the deposit.<br />
• When gift funds are transferred at closing, the lender is responsible for<br />
obtaining the following verifications:<br />
• the closing agent’s receipt of the gift funds from the donor for the amount<br />
of the gift, and<br />
• evidence that those funds came from an acceptable source.<br />
• If the gift funds transfer at closing and the transfer of funds is by certified<br />
check from the donor’s account, the donor must provide the following<br />
documentation:<br />
• a bank statement reflecting the withdrawal from the donor’s personal<br />
account, and<br />
• a copy of the certified check.<br />
• If the gift funds transfer at closing and the donor purchased a cashier’s check,<br />
money order, or other official bank check, the donor must provide a withdrawal<br />
document or canceled check for the amount of the gift to verify that the funds<br />
came from the donor’s personal account.<br />
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Cash Requirements, Continued<br />
Gift/Grant<br />
Funds<br />
(continued)<br />
Documentation Requirements, continued<br />
• If the donor borrowed the gift funds and cannot provide the documentation from<br />
his/her bank or other savings account, the donor must provide evidence that<br />
those funds were borrowed from an acceptable source (i.e., not from a party to<br />
the transaction including the mortgage lender). Donor’s may borrow gift funds<br />
from any other acceptable source provided that the borrowers are not obligors to<br />
any note to secure money borrowed to give the gift.<br />
• “Cash on hand” or “mattress money” is not an acceptable source of the donor’s<br />
gift funds. <strong>The</strong> source of funds must be verifiable.<br />
Note: Gift letters do not need to be redone if the gift amount is less than stated.<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU Freddie Mac LP<br />
• If “Approve/Eligible,” a gift letter and<br />
documentation of the transfer of funds<br />
is not required if all of the following<br />
applies:<br />
• gift funds were deposited into the<br />
borrower’s account by no later<br />
than the first time of DU<br />
submission; and<br />
• the loan application lists the<br />
donor’s name, address, phone<br />
number and relationship to the<br />
borrower, as well as the amount<br />
of the gift.<br />
• If “Approve/Eligible” and gift funds<br />
were not deposited into the<br />
borrower’s account by the first time of<br />
DU submission, standard <strong>FHA</strong><br />
guidelines apply.<br />
• If “Approve/Ineligible,” or “Refer,”<br />
reduced documentation may be used<br />
if allowed by the findings report and<br />
approved by the DE Underwriter.<br />
• If the borrower is receiving a gift for<br />
more than the amount to close, the<br />
“excess” may be considered as cash<br />
reserves when scoring the mortgage<br />
application through TOTAL.<br />
• If “Accept,” a gift letter and<br />
documentation of the transfer of<br />
funds is not required if all of the<br />
following applies:<br />
• gift funds were deposited in the<br />
borrower’s account by no later<br />
than the first time of LP<br />
submission; and<br />
• the loan application lists the<br />
donor’s name, address, phone<br />
number and relationship to the<br />
borrower, as well as the amount<br />
of the gift.<br />
• If “Accept” and gift funds were<br />
not deposited into the<br />
borrower’s account by the first<br />
time of LP submission,<br />
standard <strong>FHA</strong> guidelines apply.<br />
• If “Refer”, reduced documentation<br />
may be used if allowed by the<br />
findings report and approved by the<br />
DE Underwriter.<br />
• If the borrower is receiving a gift for<br />
more than the amount to close, the<br />
“excess” may be considered as cash<br />
reserves when scoring the mortgage<br />
application through TOTAL.<br />
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Cash Requirements, Continued<br />
Seller Funded<br />
Non-Profit<br />
Down Payment<br />
Assistance<br />
<strong>Program</strong>s<br />
<strong>Loan</strong>s From<br />
Family<br />
Members<br />
<strong>The</strong> Seller Funded down payment assistance programs are not eligible.<br />
• HUD will allow family member to make loans to borrowers for 100% of the funds<br />
required for closing.<br />
• <strong>The</strong> loans may be secured or unsecured.<br />
• A family member includes a child, parent, grandparent (biological, foster or step),<br />
sister, step-sister, brother, step-brother, legally adopted son or daughter, a child<br />
who is a member of the borrower’s household due to placement by an<br />
authorized agency for legal adoption, aunt, or uncle..<br />
• <strong>The</strong> following conditions must be met:<br />
• the borrower cannot receive any cash back at closing (beyond the refund of<br />
any earnest money deposit),<br />
• if period payments are required, the borrower must still qualify with the<br />
payment added to the total debt ratio (not housing ratio),<br />
• the financing cannot provide for balloon payments within five (5) years from<br />
the date of the note,<br />
• if the family member borrows the funds, the initial source of loan funds<br />
cannot be any party with an identity of interest in the sale of the property<br />
(i.e., seller, builder, loan officer, or real estate agent), and<br />
• a family member can borrow the loan funds from the retail banking affiliate of<br />
a mortgage company as long as the financing made available is made under<br />
the terms and conditions that are available to all other borrowers (special<br />
considerations are not allowed).<br />
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Cash Requirements, Continued<br />
<strong>Loan</strong>s Secured<br />
by an Asset<br />
General Information<br />
• Funds may be borrowed for the total required investment as long as satisfactory<br />
evidence is provided that the funds are fully secured (collateralized) by<br />
investment accounts or real property and the borrower can qualify with the<br />
repayment. <strong>The</strong> payment is included in the total debt ratio.<br />
HUD Acceptable Sources of Collateralized <strong>Loan</strong>s<br />
• HUD will accept collateralized loans for the total required investment as long as<br />
satisfactory evidence is provided that the funds are fully secured by investment<br />
accounts or real property and the borrower can qualify with the repayment. <strong>The</strong><br />
payment is included in the total debt ratio.<br />
• Such assets include those listed below.<br />
• Investment Accounts<br />
• Real Property (i.e., cars, trucks, boats)<br />
• Real Estate (other than the property being purchased)<br />
• Stocks and Bonds<br />
• Certain types of loans that are secured against deposited funds in which<br />
repayment may be obtained through extinguishing the asset do not require<br />
consideration of a repayment for qualifying purposes. <strong>The</strong> asset securing the<br />
loan may not be included as assets to close or otherwise be considered as<br />
available to the borrower. <strong>The</strong> assets listed below are included in this category.<br />
• Cash value of life insurance policies<br />
• <strong>Loan</strong>s secured by 401(k)s<br />
• <strong>Loan</strong>s secured by a Certificate of Deposit<br />
• Verification of the loan terms (i.e., copy of the note) must be provided. If the<br />
loan was made after verification of deposit was completed, a copy of the<br />
check and the borrower’s deposit receipt or bank statement must be<br />
furnished.<br />
• <strong>The</strong> real estate agent or broker, lender, seller or other party to the<br />
transaction may not provide these funds.<br />
HUD Unacceptable Sources of Collateralized <strong>Loan</strong>s<br />
• Signature loans<br />
• Cash advances on credit cards<br />
• Borrowing against household goods and furniture<br />
• Other similar unsecured financing (i.e., jewelry, tools)<br />
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Cash Requirements, Continued<br />
Mutual Funds • <strong>The</strong> borrower must provide one of the following:<br />
• two (2) months of account statements if received monthly, or<br />
• most recent quarterly account statement, if received quarterly.<br />
• Proof of liquidation is required.<br />
• Explanations (with additional documentation) are required for large deposits.<br />
Real Estate<br />
Proceeds<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU/Freddie Mac LP<br />
<strong>The</strong> borrower must provide one of the following:<br />
• most recent monthly bank statement showing the previous month’s ending<br />
balance if received monthly. If previous month’s balance is not shown most<br />
recent 2 monthly statements are required (in some cases, the AUS Findings<br />
Report may require 2 months), or<br />
• most recent quarterly bank statement, if received quarterly.<br />
• If “Approve/Eligible” or “Accept/Eligible,” proof of liquidation is not required.<br />
Explanations (with additional documentation) are required for large deposits.<br />
Note: If the borrower does not hold the deposit account solely, all non-borrower’s<br />
on the account must provide a written joint access letter stating that the borrower<br />
has full access and use of the funds.<br />
• <strong>The</strong> net proceeds from the sale of a currently owned property may be used for<br />
the down payment requirement.<br />
• A fully executed HUD-1 Settlement Statement must be provided as satisfactory<br />
evidence of the proceeds to the borrower.<br />
• If the borrower has not settled on the property prior to the underwriting of the<br />
loan, it must be a condition of the loan approval.<br />
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Cash Requirements, Continued<br />
Real Estate Tax<br />
Credit<br />
• In some states it is customary for a borrower to pay property taxes in arrears,<br />
(and he/she may not pay property taxes on the improvements until a year or<br />
more after closing). <strong>The</strong> credit from the seller at closing for the seller’s portion of<br />
those taxes may be used to reduce the actual amount of cash that needs to be<br />
brought to the closing table. It may not be used to offset minimum<br />
investment or cash to close requirements.<br />
• <strong>The</strong> use of the tax credit only facilitates the exchange of cash. All cash to close<br />
documentation requirements must be met such (i.e., the mortgage amount is<br />
calculated the same, down payment requirements are the same, the verification<br />
of the money is the same.)<br />
• Sufficient assets to close must be verified from the borrower’s own funds without<br />
consideration to the tax credit. However, the borrower only needs to bring funds<br />
to the closing for the amount of the bottom line on the HUD-1, Settlement<br />
Statement, after the tax credit has been applied.<br />
Rent Credit • <strong>The</strong> cumulative amount of the rental payments that exceed the appraiser’s<br />
estimate of fair market rent d may be considered towards the borrower’s down<br />
payment.<br />
• Both the rent-with-option to purchase agreement and the appraiser’s estimate of<br />
market rent must be included in the case binder file.<br />
• If the sales agreement provides for a rent credit or a reduced rent and states that<br />
the credit is to apply toward the down payment requirement, one of the following<br />
applies:<br />
• if the rent paid prior to the sale is less than the appraiser’s estimate of rental<br />
value, the difference between the rent paid and the appraiser’s estimate<br />
(multiplied by the number of months the borrower was living in the property)<br />
is deducted from the contract sales price,<br />
• if the rent paid prior to the sale exceeds the appraiser’s estimate of rental<br />
value, the amount paid in excess of the appraiser’s estimate (multiplied by<br />
the number of months the borrower was living in the property) is applied<br />
towards closing funds, or<br />
• if the borrower occupied the property (or one owned by the seller) “rent free”<br />
as an inducement prior to the sale, the appraiser’s estimate of rental value<br />
(multiplied by the number of months the borrower was living in the property)<br />
is deducted from the sales price.<br />
• Note: Exceptions may be granted in a situation whereby a builder fails to<br />
deliver a property at an agreed-to-time and then permits the borrower to<br />
occupy that or another unit for less-than-market rent “temporarily” until<br />
construction is complete.<br />
Continued on next page<br />
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Cash Requirements, Continued<br />
Retirement<br />
Funds<br />
Sale of<br />
Personal<br />
Property<br />
• <strong>The</strong> borrower must provide all of the following:<br />
• copy of the most current retirement account statement,<br />
• if non-AUS underwriting, include the following items<br />
• copy of the check representing account funds, and<br />
• copy of the deposit receipt where funds were deposited into the borrower’s<br />
account) or copy of the bank statement reflecting the deposit).<br />
• If TOTAL, documentation of terms and conditions to include the following:<br />
• evidence that the account allows for withdrawals for conditions other than<br />
that related to the borrower’s employment or death, and<br />
• that the borrower qualifies for withdrawal and/or borrowing, and<br />
• evidence of liquidation is not required.<br />
• When utilizing retirement accounts as assets (even if not using for closing), 60%<br />
of the borrower’s vested interest may be used unless the borrower provides<br />
documentation that a higher percentage may be withdrawn after subtracting any<br />
federal income tax and withdrawal penalties.<br />
• If the fund is a 401k and there is an outstanding loan, the account value must be<br />
reduced by the principal balance on the loan BEFORE using as an asset.<br />
• Funds from retirement accounts may be used as cash reserves.<br />
Reference: See the “Cash Reserve Requirements” subtopic previously presented in<br />
this topic for additional information.<br />
• If using funds for closing, applicable withdrawal or income tax penalties must be<br />
deducted from the account balance to determine value.<br />
• Proof of liquidation is required.<br />
Automated Underwriting System (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU Freddie Mac LP<br />
Proof of liquidation is not required if Proof of liquidation is required in LP.<br />
“Approve/Eligible” on DU.<br />
• If a borrower sells personal property for funds to close (i.e., cars, recreational<br />
vehicles, stamp or coin collections), conclusive evidence of the sale and an<br />
estimate of the value of the item being sold must be obtained.<br />
• Value must be established through the Blue Book for cars, Philatelic Association<br />
for stamps, Numismatic Association for coins, or a qualified appraiser with no<br />
financial interest in the transaction who could provide a written appraisal of the<br />
item. <strong>The</strong> lesser of the estimate of value or actual sales price is used as assets<br />
to close.<br />
Continued on next page<br />
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Cash Requirements, Continued<br />
Savings Bonds • Government issued bonds are given to the value at the original purchase price.<br />
• Exceptions may be made if eligibility for redemption and the redemption value<br />
are confirmed.<br />
• <strong>The</strong> borrower’s receipt of the funds at redemption must be verified.<br />
Stocks and<br />
Bonds<br />
• <strong>The</strong> value of securities must be verified through the borrower’s stockbroker or<br />
financial institution.<br />
• If statements are available, the borrower must provide one of the following:<br />
• two (2) months of account statements, if received monthly, or<br />
• most recent quarterly account statement if received quarterly.<br />
• Evidence of liquidation and borrower’s receipt of the funds must be documented.<br />
Automated Underwriting Systems (AUS) Information<br />
<strong>The</strong> following table shows information specific to AUS.<br />
Fannie Mae DU/Freddie Mac LP<br />
<strong>The</strong> borrower must provide one of the following:<br />
• most recent monthly bank statement showing the previous month’s ending<br />
balance if received monthly. If previous month’s balance is not shown most<br />
recent 2 monthly statements are required (in some cases, the AUS Findings<br />
Report may require 2 months), or<br />
• most recent quarterly bank statement, if received quarterly.<br />
• If “Approve/Eligible” or “Accept/Eligible,” proof of liquidation is not required.<br />
Note: If the borrower does not hold the deposit account solely, all non-borrower’s<br />
on the account must provide a written joint access letter stating that the borrower<br />
has full access and use of the funds.<br />
Sweat Equity • Labor performed or materials furnished by the borrower prior to closing are<br />
considered the equivalent of a down payment to the extent of the estimated cost<br />
of the work or materials.<br />
• Work completed prior to the appraisal or after closing is not eligible for sweat<br />
equity.<br />
• Sweat equity may be “gifted” subject to both the gift requirements and the sweat<br />
equity requirements.<br />
• <strong>The</strong> following requirements apply to sweat equity:<br />
• on existing construction, only the repairs and/or improvements listed on the<br />
appraisal are eligible. (work or materials provided before the appraisal are<br />
not eligible),<br />
• on proposed construction, the tasks the borrower will perform during<br />
construction are indicated in the sales contract,<br />
Reference: See Section 1.05b: Reviewing Sales Contracts in the<br />
Correspondent Seller Guide for additional information.<br />
Continued on next page<br />
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Cash Requirements, Continued<br />
Sweat Equity,<br />
(continued)<br />
• the borrower must demonstrate his/her ability to complete the work in a<br />
satisfactory manner and the contributory value of the labor is documented<br />
through either an appraiser’s cost estimate or through a cost estimating<br />
service such as “Marshall and Swift” or through the local HUD office,<br />
• the work does not include delayed work (on-site escrow), clean up, debris<br />
removal and other general maintenance (these are not sweat equity items),<br />
• the borrower does not receive any cash back at closing,<br />
• sweat equity is provided only on the subject property (work performed on<br />
other properties must be in cash and properly documented), and<br />
• if the borrower furnishes materials, verification of the source of funds used to<br />
purchase and the market value of the materials is provided.<br />
Trade Equity • <strong>The</strong> borrower may agree to trade his or her real property to the seller as part of<br />
the down payment.<br />
• <strong>The</strong> amount of the borrower’s equity contribution is determined by subtracting all<br />
liens against the property being traded (including real estate commission) from<br />
the lesser of that property’s appraised value or sales/trade price.<br />
• An appraisal on the trade property is required as well as evidence of ownership.<br />
• <strong>The</strong> appraisal must be a residential appraisal (conventional, <strong>FHA</strong>, or VA) and<br />
cannot be more than six (6) months old.<br />
• If the property being traded has an <strong>FHA</strong> mortgage, assumption processing<br />
requirements and restrictions apply.<br />
Reference: See Assumptions in the topic <strong>Loan</strong> Terms for additional information.<br />
Documentation Verification of Deposit<br />
• A written verification of deposit and a most recent bank statement are used to<br />
verify savings and checking accounts.<br />
• Credible explanations (and/or documentation) are required for large deposits on<br />
bank statements and recently opened accounts for the source of those funds.<br />
Alternate documentation<br />
• Bank statements for the most recent two (2) month consecutive period if<br />
received monthly, or most recent quarterly bank statement, if received quarterly.<br />
• ATM slips cannot be used as verification of assets.<br />
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Correspondent Seller Guide
Contributions by Interested Parties<br />
Lender Credit Lender credit resulting from premium pricing is allowable by HUD under the<br />
requirements shown below.<br />
• Lender credit may be applied to closing costs, prepaid items and discount points;<br />
however, it may not exceed the allowable fee permitted by the jurisdictional <strong>FHA</strong><br />
Home Ownership Center (HOC).<br />
• Lender credit cannot be applied to down payment nor to outstanding obligations<br />
of the borrower, including missed (delinquent) mortgage payments.<br />
• Lender credit is not considered a seller concession and is not subject to any<br />
limitations.<br />
• If lender credit is applied to closing costs that are being financed into the loan in<br />
a refinance transaction, the amount of these closing costs must be deducted<br />
from the total acquisition before calculating the maximum base loan amount.<br />
• Lender credit must be used to reduce the principal balance if the premium<br />
pricing agreement establishes a specific dollar amount for closing costs and<br />
prepaid expenses with any remaining funds, in excess of actual costs, reverting<br />
to the borrower.<br />
Reference: See General Section 1.35: SunTrust Compliance Overview of the<br />
Correspondent Seller Guide for additional information.<br />
Continued on next page<br />
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Contributions by Interested Parties, Continued<br />
Seller<br />
Contributions<br />
• Sellers (or other interested third parties such as real estate agents, builders, or<br />
developers) may contribute up to 6% of the sales price towards actual closing<br />
costs, prepaid expenses, discount points and other financing concessions<br />
allowable by HUD.<br />
• HUD does not require or permit the presentation or disclosure of “seller-paid<br />
credits” on the Good Faith Estimate (GFE).<br />
• Seller credits must be entered as a “lump sum credit” on the HUD-1.<br />
Note: When the seller makes a contribution to more than one expense for the<br />
borrower, the seller credits shown on the HUD-1 MUST reflect the “lump sum<br />
payment.”<br />
• Seller contributions may not be used toward borrower’s outstanding obligations.<br />
• Contributions from sellers or other interested third parties to the transaction that<br />
exceed six (6) percent of the sales price, or other financing concessions, are to be<br />
treated as inducements to purchase, thereby reducing the amount of the<br />
mortgage. Each dollar exceeding the six (6) percent limit must be subtracted from<br />
the property’s sale price before applying the appropriate loan-to-value (LTV) ratio.<br />
• Job Loss Insurance is considered a “sales concession,” but does not require a<br />
dollar-for-dollar reduction from the sales price when calculating the LTV and TLTV<br />
ratios.<br />
• <strong>The</strong> dollar-for-dollar reduction to the sales price also applies when gift funds do<br />
not meet <strong>FHA</strong> requirements.<br />
• All DU loans submitted to SunTrust Mortgage must reflect zero in the new<br />
interested party contribution field and underwriters will manually calculate the<br />
limits.<br />
• Items typically paid by the seller (i.e., real estate commissions, charges for pest<br />
inspections, fees paid to release a deed of trust) are not considered contributions.<br />
• If a seller (builder) is paying HOA dues or taxes that come due during the first<br />
year of the mortgage, the borrower must qualify on the full PITI (including the<br />
monthly tax escrow and HOA fee). In addition, when determining the borrower’s<br />
three and one half (3.50%) downpayment, these “advance” payments cannot<br />
lower the borrower’s cash to close.<br />
• Real estate broker fees paid to a buyer-broker by the seller on behalf of the<br />
borrower are not considered a seller concession as long as the seller is paying the<br />
sales commission that is typical for that market. <strong>The</strong> HUD-1 Settlement<br />
Statement must be reviewed to ensure that the seller did not pay a sales<br />
commission separately inclusive of the buyer-broker fee.<br />
• If the seller is charged for closing costs that are “unallowable” to the borrower by<br />
HUD (i.e., underwriting fee, tax service fee, or document review fee), the payment<br />
on such costs must be OUTSIDE of seller contributions listed on the contract. In<br />
addition, these “unallowable” costs should not be reflected on the GFE.<br />
• Unacceptable fees for seller contributions:<br />
• one (1) year golf course fees,<br />
• initiation fees into a club, etc.<br />
Reference: See Section 1.13: Interested Party Contributions Limits in the<br />
Correspondent Seller Guide for additional information.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Contributions by Interested Parties, Continued<br />
Seller-Paid<br />
Interest<br />
Payment<br />
Reduction /<br />
Ease-In<br />
Payment<br />
Reduction<br />
Feature<br />
• <strong>The</strong> seller-paid interest payment reductions are also known as the “Ease-In<br />
Payment Reduction” feature for SunTrust Mortgage marketing purposes.<br />
• Seller-paid interest payment reductions are available only on fixed rate loans.<br />
Temporary buydowns are ineligible when the seller-paid interest payment<br />
reduction is utilized.<br />
• It is similar to a buydown and must be in a fixed amount (amount of interest<br />
applied to the PITI cannot change from month to month).<br />
• <strong>The</strong> borrower(s) qualify at the note rate using the full PITI.<br />
Reference: See the Ease-In Payment Reduction Feature topic for more information<br />
regarding seller-paid interest payment reductions.<br />
Section 2.22 July 27, 2012<br />
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HUD Allowable Closing Costs<br />
General • <strong>The</strong> homebuyer may pay customary and reasonable costs that are necessary to<br />
close the mortgage loan.<br />
Note: Discount points may be acquisitioned on some refinances, but never on<br />
purchase loans. Discount points may not be used to meet the buyer’s minimum<br />
investment requirements.<br />
• All closing costs, including any costs paid outside of closing (POC), lender credit,<br />
or seller contribution items, must be itemized on the HUD-1.<br />
• <strong>FHA</strong> will not allow “mark-up’s” (i.e., charging a fee to the mortgagor for an<br />
amount greater than that charged by the service provider). Only the actual cost<br />
for a service may be charged to the mortgagor.<br />
• It is expected that “Actual Costs” will not exceed what is reasonable and<br />
customary for the area.<br />
Notes:<br />
• All fees and charges must comply with Federal and State disclosure laws<br />
and other applicable laws and regulations.<br />
• <strong>The</strong> Lock-In Confirmation must be executed by the borrower(s) at least<br />
15 days prior to the date of the Note, if a commitment fee is collected.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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HUD Allowable Closing Costs, Continued<br />
Allowable<br />
Costs/ Not<br />
Included in<br />
Acquisition<br />
Closing costs and related information, pertaining to the fees that may be charged to<br />
the borrower AND NOT INCLUDED IN THE ACQUISTION COST, are shown in the<br />
table below<br />
Allowable Fees/Costs Not<br />
Included in Acquisition<br />
Related Information<br />
Appraisal Fees <strong>The</strong> fee for the actual completion of an <strong>FHA</strong><br />
appraisal may not include a fee for management<br />
of the appraisal process, or any other activity<br />
other than the performance of completing the<br />
appraisal report.<br />
Appraisal Management<br />
• Any management fees charged by an AMC<br />
Company (AMC) Fees<br />
or other third party must be for actual<br />
services related to ordering, processing or<br />
reviewing of appraisals performed for <strong>FHA</strong><br />
financing.<br />
Reasonable Discount Points<br />
• AMC and other third party fees must not<br />
exceed what is customary and reasonable<br />
for such services provided in the market area<br />
of the property being appraised.<br />
May be financed in the mortgage on a refinance,<br />
but may not be part of the three and one half<br />
percent (3.50%) down payment on a purchase<br />
transaction.<br />
Escrow Deposit (Property • Buyer may pay a maximum of two (2)<br />
Taxes and Assessments, and months.<br />
Insurance Premium)<br />
• May be financed in the mortgage on a<br />
refinance, but may not be part of the three<br />
and one half percent (3.50%) down payment<br />
on a purchase transaction.<br />
Hazard Insurance Premium • Actual cost for first year only (plus 2 months,<br />
subject to aggregate adjustment<br />
requirements.)<br />
Note: May be financed in the mortgage on<br />
refinances, but not as part of the three and<br />
one-half (3.50%) down payment.<br />
Interest • Actual cost.<br />
• Calculated on 360 days per year basis.<br />
Interest may only be collected from the<br />
mortgagor from the date the mortgage<br />
proceeds are actually disbursed by the<br />
mortgagee.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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HUD Allowable Closing Costs, Continued<br />
Unallowable<br />
Costs<br />
Below is a list of unallowable closing costs and fees, which MAY NOT BE<br />
CHARGED to the borrower.<br />
Unallowable Fees/Costs Related Information<br />
Finders<br />
payments<br />
fees & kickback UNALLOWED in transaction<br />
Commitment Fee Unallowed if the loan has not been locked at<br />
least 15 days prior to the date on the Note.<br />
Tax service fee Buyer cannot be charged.<br />
Fees Charged by Non- <strong>FHA</strong> does not permit loan origination services to<br />
approved Mortgage Brokers be performed by non-approved mortgage<br />
brokers.<br />
Note: <strong>FHA</strong> considers a mortgage broker as “a<br />
person (not employee or exclusive agent of a<br />
lender) who brings a borrower and lender<br />
together to obtain an <strong>FHA</strong> loan, and who<br />
provides settlement or closing services.”<br />
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Mortgage Insurance<br />
General An annual Mortgage Insurance Premium (MIP) is charged and collected in monthly<br />
installments on most <strong>FHA</strong> loans. <strong>The</strong> percentage amount of the annual premium is<br />
based upon the LTV and the term of the mortgage.<br />
Remittance<br />
Period for<br />
Payment of Up-<br />
Front Mortgage<br />
Insurance<br />
Premium<br />
(UFMIP)<br />
<strong>The</strong>re is also an initial Upfront Mortgage Insurance Premium (UFMIP) required on<br />
certain <strong>FHA</strong> loans which can be financed in the loan amount or paid in cash at<br />
closing. If any of the UFMIP is paid in cash, then the entire amount must be paid in<br />
cash.<br />
Reference: See the Determining UFMIP subtopic subsequently presented in this<br />
topic for additional information on the rounding of the UFMIP.<br />
• Effective with closings on or after November 1, 2005, the period for remittance of<br />
the <strong>FHA</strong> Up-Front Mortgage Insurance Premium (UFMIP) is being reduced from<br />
fifteen (15) days to ten (10) days.<br />
• <strong>The</strong> remittance period begins the date of the loan settlement, or the date of<br />
disbursement of mortgage proceeds, whichever is greater.<br />
• Lenders must include late charges for UFMIP remittances received by HUD<br />
more than 10 calendar days after they become due. UFMIP payments received<br />
more than 30 calendar days after the due date will result in additional charges.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Mortgage Insurance, Continued<br />
Determining<br />
UFMIP<br />
MIP Premiums<br />
for Purchase<br />
and Refinances<br />
(EXCLUDING<br />
Streamline<br />
Refinances)<br />
Base <strong>Loan</strong><br />
Amount<br />
• UFMIP is determined by multiplying the initial premium percentage by the base<br />
loan amount. <strong>The</strong> total <strong>FHA</strong>-insured mortgage amount is limited to 100% of the<br />
appraised value, and the UFMIP is required to be included within that limit.<br />
• <strong>The</strong> UFMIP must be either:<br />
• entirely financed into the mortgage, with the mortgage amount rounded<br />
down to a whole dollar (with the exception of instances in which the borrower<br />
chooses to pay of to $49.99 of the UFMIP in cash, in which case it would not<br />
then be reflected in the total mortgage amount), or<br />
• paid entirely in cash and all mortgage amounts must be rounded down to a<br />
multiple of $1.00.<br />
• <strong>The</strong> mortgage amount must be rounded down to a multiple of $1.00, regardless<br />
of whether the UFMIP is financed or paid in cash. <strong>The</strong> UFMIP amount, that is<br />
part of the total mortgage amount, is not considered when determining<br />
compliance with statutory loan limits or LTV limits. <strong>The</strong> base mortgage amount<br />
must comply with the requirements. <strong>The</strong> total mortgage amount may exceed this<br />
limit by the financed UFMIP amount.<br />
Note: Any UFMIP amounts paid in cash are added to the total cash settlement<br />
amount.<br />
<strong>The</strong> following table shows Upfront Mortgage Insurance Premiums and Annual<br />
Monthly (UFMIP and Monthly), for <strong>FHA</strong> Case Numbers assigned on or after June<br />
11, 2012.<br />
<strong>FHA</strong> Single Family Mortgage Insurance<br />
Upfront and Annual Mortgage Insurance Premiums<br />
(All <strong>Loan</strong> Terms)<br />
Effective with case number assignments on or after June 11, 2012<br />
LTV <strong>Loan</strong> Term Purchase & Refinance Transactions<br />
(excluding Streamline Refinances)<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong><br />
< $625,500 > 95% Greater than 15 Years 1.75% / 1.25%<br />
> $625,500 > 95% Greater than 15 Years 1.75% / 1.50%<br />
< $625,500 < 95% Greater than 15 Years 1.75% / 1.20%<br />
> $625,500 < 95% Greater than 15 Years 1.75% / 1.45%<br />
< $625,500 > 90% Less than or equal to 15 Years 1.75% / .60%<br />
> $625,500 > 90% Less than or equal to 15 Years 1.75% / .85%<br />
< $625,500 78.01 to 90% Less than or equal to 15 Years 1.75% / .35%<br />
> $625,500 78.01 to 90% Less than or equal to 15 Years 1.75% / .60%<br />
All < 78% Less than or equal to 15 Years 1.75%/ No Monthly<br />
Note: <strong>FHA</strong> is not authorized, and will not, insure any mortgages for which new <strong>FHA</strong> case number assignments are<br />
made on or after June 11, 2012, where the above premium structure has not been utilized.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Mortgage Insurance, Continued<br />
MIP Premiums<br />
for Purchase<br />
and Refinances<br />
(EXCLUDING<br />
Streamline<br />
Refinances),<br />
continued<br />
<strong>The</strong> following table shows Upfront Mortgage Insurance Premiums and Annual<br />
Monthly (UFMIP and Monthly), for <strong>FHA</strong> Case Numbers assigned on or after April<br />
09, 2012 but prior to June 11, 2012.<br />
<strong>FHA</strong> Single Family Mortgage Insurance<br />
Upfront and Annual Mortgage Insurance Premiums<br />
(All <strong>Loan</strong> Terms)<br />
Effective with case number assignments on or after April 9, 2012 but prior to June 11, 2012<br />
Base <strong>Loan</strong> LTV <strong>Loan</strong> Term Purchase & Refinance Transactions<br />
Amount<br />
(excluding Streamline Refinances)<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong><br />
All > 95% Greater than 15 Years 1.75% / 1.25%<br />
All < 95% Greater than 15 Years 1.75% / 1.20%<br />
All > 90% Less than or equal to 15 Years 1.75% / .60%<br />
All 78.01 to 90% Less than or equal to 15 Years 1.75% / .35%<br />
All < 78% Less than or equal to 15 Years 1.75%/ No Monthly<br />
Note: <strong>FHA</strong> is not authorized, and will not, insure any mortgages for which new <strong>FHA</strong> case number assignments are<br />
made on or after April 9, 2012 but prior to June 11, 2012, where the above premium structure has not been utilized.<br />
Base<br />
<strong>Loan</strong><br />
Amount<br />
<strong>The</strong> following table reflects Upfront Mortgage Insurance Premiums and Annual<br />
Monthly (UFMIP and Monthly), for <strong>FHA</strong> Case Numbers assigned on or after April 18,<br />
2011 but prior to April 9, 2012.<br />
<strong>FHA</strong> Single Family Mortgage Insurance<br />
Upfront and Annual Mortgage Insurance Premiums<br />
(All <strong>Loan</strong> Terms)<br />
Effective with case number assignments on or after April 18, 2011 but prior to April 9, 2012<br />
LTV <strong>Loan</strong> Term Purchase & Refinance Transactions (excluding<br />
Streamline Refinances)<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong><br />
All > 95% Greater than 15 Years 1.00% / 1.15%<br />
All < 95% Greater than 15 Years 1.00% / 1.10%<br />
All > 90% Less than or equal to 15 Years 1.00% / .50%<br />
All 78.01<br />
to 90%<br />
Less than or equal to 15 Years<br />
1.00% / .25%<br />
All < 78% Less than or equal to 15 Years 1.00%/ No Monthly<br />
Note: <strong>FHA</strong> is not authorized, and will not, insure any mortgages for which new <strong>FHA</strong> case number assignments are<br />
made on or after April 18, 2011 but prior to April 9, 2012, where the above premium structure has not been utilized.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Mortgage Insurance, Continued<br />
MIP Premiums<br />
for Streamline<br />
Refinances<br />
ONLY<br />
<strong>The</strong> following table shows Upfront Mortgage Insurance Premiums and Annual<br />
Monthly (UFMIP and Monthly), for <strong>FHA</strong> Case Numbers assigned on or after June<br />
11, 2012 when the existing loan being paid off was endorsed by <strong>FHA</strong> on or<br />
before May 31, 2009.<br />
<strong>FHA</strong> Single Family Mortgage Insurance<br />
Upfront and Annual Mortgage Insurance Premiums<br />
(All <strong>Loan</strong> Terms)<br />
Effective with case number assignments on or after June 11, 2012, when the existing loan being paid off<br />
Base<br />
<strong>Loan</strong><br />
Amount<br />
was endorsed by <strong>FHA</strong> on or before May 31, 2009.<br />
LTV <strong>Loan</strong> Term Endorsement Date Streamline Refinances<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong><br />
<strong>Program</strong><br />
All Any LTV Any <strong>Loan</strong> Term on or before May 31, 2009 0.01% / 0.55%<br />
All Any LTV Any <strong>Loan</strong> Term on or before May 31, 2009 0.01% / 0.55%<br />
All Any LTV Any <strong>Loan</strong> Term on or before May 31, 2009 0.01% / 0.55%<br />
All Any LTV Any <strong>Loan</strong> Term on or before May 31, 2009 0.01% / 0.55%<br />
All < 78% Less than or equal to 15<br />
Years<br />
on or before May 31, 2009<br />
0.01%/ No Monthly<br />
Note: <strong>FHA</strong> is not authorized, and will not, insure any Streamline Refinance mortgages for which new <strong>FHA</strong> case<br />
number assignments are made on or after June 11, 2012, when the existing <strong>FHA</strong> loan being paid off was endorsed<br />
by <strong>FHA</strong> on or before May 31, 2009, where the above premium structure has not been utilized.<br />
Reference: See the <strong>FHA</strong> Case Number Assignments and Cancellation subtopic of the Workflow topic subsequently<br />
presented for additional information regarding bulk cancellation of case numbers in order to take advantage of the<br />
lower MIP premiums for Streamline Refinance transactions<br />
Continued on next page<br />
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Mortgage Insurance, Continued<br />
MIP Premiums<br />
for Streamline<br />
Refinances<br />
ONLY,<br />
continued<br />
<strong>The</strong> following table shows the Upfront Mortgage Insurance Premiums and Annual<br />
Monthly (UFMIP and Monthly) for streamline refinances with case numbers assigned<br />
on or after June 11, 2012 when the existing loan being paid off was endorsed<br />
by <strong>FHA</strong> after May 31, 2009.<br />
<strong>FHA</strong> Single Family Mortgage Insurance<br />
Upfront and Annual Mortgage Insurance Premiums<br />
(All <strong>Loan</strong> Terms)<br />
Effective with case number assignments on or after June 11, 2012, when the existing loan being paid off<br />
Base <strong>Loan</strong><br />
Amount<br />
was endorsed by <strong>FHA</strong> after May 31, 2009.<br />
LTV <strong>Loan</strong> Term Endorsement Date Streamline<br />
Refinances<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong><br />
<strong>Program</strong><br />
< $625,500 > 95% Greater than 15 Years After May 31, 2009 1.75% / 1.25%<br />
> $625,500 > 95% Greater than 15 Years After May 31, 2009 1.75% / 1.50%<br />
< $625,500 < 95% Greater than 15 Years After May 31, 2009 1.75% / 1.20%<br />
> $625,500 < 95% Greater than 15 Years After May 31, 2009 1.75% / 1.45%<br />
< $625,500 > 90% Less than or equal to 15 Years After May 31, 2009 1.75% / .60%<br />
> $625,500 > 90% Less than or equal to 15 Years After May 31, 2009 1.75% / .85%<br />
< $625,500 78.01 to 90% Less than or equal to 15 Years After May 31, 2009 1.75% / .35%<br />
> $625,500 78.01 to 90% Less than or equal to 15 Years After May 31, 2009 1.75% / .60%<br />
All < 78% Less than or equal to 15 Years After May 31, 2009 1.75%/ No Monthly<br />
Note: <strong>FHA</strong> is not authorized, and will not, insure any Streamline Refinance mortgages for which new <strong>FHA</strong> case<br />
number assignments are made on or after June 11, 2012, when the existing loan being paid off was endorsed by<br />
<strong>FHA</strong> after May 31, 2009, where the above premium structure has not been utilized.<br />
Continued on next page<br />
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Mortgage Insurance, Continued<br />
MIP Premiums<br />
for Streamline<br />
Refinances<br />
ONLY,<br />
continued<br />
<strong>The</strong> following table shows the Upfront Mortgage Insurance Premiums and Annual<br />
Monthly (UFMIP and Monthly) for streamline refinances with case numbers assigned<br />
on or after April 9, 2012 but prior to June 11, 2012, regardless of the<br />
endorsement date of the existing loan being paid off.<br />
<strong>FHA</strong> Single Family Mortgage Insurance<br />
Upfront and Annual Mortgage Insurance Premiums<br />
(All <strong>Loan</strong> Terms)<br />
Effective with case number assignments on or after April 9, 2012 but prior to June 11, 2012, regardless of<br />
Base<br />
<strong>Loan</strong><br />
Amount<br />
the endorsement date of the existing loan being paid off.<br />
LTV <strong>Loan</strong> Term Endorsement<br />
Date<br />
Streamline Refinances<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong><br />
<strong>Program</strong><br />
All > 95% Greater than 15 Years Any 1.75% / 1.25%<br />
All < 95% Greater than 15 Years Any 1.75% / 1.20%<br />
All > 90% Less than or equal to 15 Years Any 1.75% / .60%<br />
All 78.01 to 90% Less than or equal to 15 Years Any 1.75% / .35%<br />
All < 78% Less than or equal to 15 Years Any 1.75%/ No Monthly<br />
Note: <strong>FHA</strong> is not authorized, and will not, insure any Streamline Refinance mortgages for which new <strong>FHA</strong> case<br />
number assignments are made on or after April 9, 2012 but prior to June 11, 2012, regardless of the endorsement<br />
date of the existing loan being paid off, where the above premium structure has not been utilized.<br />
<strong>The</strong> following table shows the Upfront Mortgage Insurance Premiums and Annual<br />
Monthly (UFMIP and Monthly) for streamline refinances with case numbers assigned<br />
on or after April 18, 2011 but prior to April 9, 2012 regardless of the<br />
endorsement date of the existing loan being paid off.<br />
<strong>FHA</strong> Single Family Mortgage Insurance<br />
Upfront and Annual Mortgage Insurance Premiums<br />
(All <strong>Loan</strong> Terms)<br />
Effective with case numbers assigned on or after April 18, 2011 but prior to April 9, 2012 regardless of the<br />
Base<br />
<strong>Loan</strong><br />
Amount<br />
endorsement date of the existing loan being paid off.<br />
LTV <strong>Loan</strong> Term Endorsement Date Streamline Refinances<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong><br />
<strong>Program</strong><br />
All > 95% Greater than 15 Years Any 1.00% / 1.15%<br />
All < 95% Greater than 15 Years Any 1.00% / 1.10%<br />
All > 90% Less than or equal to 15 Years Any 1.00% / .50%<br />
All 78.01 to 90% Less than or equal to 15 Years Any 1.00% / .25%<br />
All < 78% Less than or equal to 15 Years Any 1.00%/ No Monthly<br />
Note: <strong>FHA</strong> is not authorized, and will not, insure any Streamline Refinance mortgages for which new <strong>FHA</strong> case<br />
number assignments are made on or after April 18, 2011 but prior to April 9, 2012 regardless of the endorsement<br />
date of the existing loan being paid off, where the above premium structure has not been utilized.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Mortgage Insurance, Continued<br />
UFMIP Refunds All refunds for <strong>FHA</strong> upfront mortgage insurance premiums have been eliminated,<br />
except for <strong>FHA</strong>-to-<strong>FHA</strong> refinance transactions.<br />
Streamline<br />
Refinance<br />
If the borrower is refinancing their current <strong>FHA</strong> loan to another <strong>FHA</strong> loan within three<br />
(3) years from the date of closing, a refund credit may be applied to the new loan<br />
transaction. <strong>The</strong> amount of the refund cannot exceed the new UFMIP being charged<br />
on the new loan transaction.<br />
<strong>The</strong> following table shows the three (3) year UFMIP refund schedule.<br />
Upfront Mortgage Insurance Premium Refund Percentages<br />
Month of Year<br />
Year 1 2 3 4 5 6 7 8 9 10 11 12<br />
1 80 78 76 74 72 70 68 66 64 62 60 58<br />
2 56 54 52 50 48 46 44 42 40 38 36 34<br />
3 32 30 28 26 24 22 20 18 16 14 12 10<br />
• For loans without an appraisal, use <strong>FHA</strong>’s computed value from the existing loan<br />
to calculate the LTV.<br />
• If <strong>FHA</strong> does not have a computed value, only then may 89.99% be considered<br />
as the LTV.<br />
Reference: See the Streamline Refinance topic previously presented for additional<br />
information.<br />
Continued on next page<br />
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Correspondent Seller Guide
Mortgage Insurance, Continued<br />
Annual<br />
Mortgage<br />
Insurance<br />
Premium<br />
Cancellation<br />
<strong>FHA</strong>’s annual mortgage insurance premiums will automatically be canceled under<br />
the following conditions:<br />
• For mortgages with terms greater than 15 years, the annual mortgage insurance<br />
premiums will be canceled when the LTV ratio reaches 78% provided the<br />
mortgagor has paid the annual mortgage insurance premiums for at least 5<br />
years.<br />
• For mortgages with terms of 15 years or less the annual mortgage insurance<br />
premiums will be cancelled when the LTV ratio reaches 78%, regardless of the<br />
length of time the borrower has paid the annual mortgage premiums.<br />
• <strong>FHA</strong> determines when the 78.00% LTV ratio is reached based on the lesser of<br />
the sales price or appraised value at origination (new appraised values will not<br />
be considered).<br />
• Cancellation of the annual MIP is normally based on the scheduled amortization<br />
of the loan. However, in cases where the loan payments have been accelerated<br />
or modified, cancellation can be based on the actual amortization of the loan.<br />
Under this circumstance a borrower may request cancellation from their loan<br />
servicer.<br />
•<br />
Note: <strong>The</strong> borrower cannot order a new appraisal to meet the 78.00%<br />
threshold. HUD will only base the LTV calculation off of the lesser of the sales<br />
price or appraised value that is in their data-base when the loan is closed.<br />
Condominiums Condominium loans are subject to the same upfront and monthly premium charge<br />
and termination schedule as reflected in this topic for all other <strong>203</strong>(b) loans.<br />
Gross <strong>Loan</strong><br />
Amount<br />
Special<br />
Considerations<br />
When UFMIP is financed into the loan amount, the total loan may exceed HUD’s<br />
maximum loan limit for the area by the amount of UFMIP.<br />
• <strong>The</strong> origination fee is calculated on the base loan amount only.<br />
• <strong>The</strong> discount points are calculated on the gross loan amount.<br />
• <strong>The</strong> entire UFMIP premium may be paid by a person other than the borrower.<br />
However, if any part is paid by a non-borrower, the entire UFMIP must be paid in<br />
cash. If the non-borrower is the seller, the amount paid must be considered a<br />
sales concession subject to <strong>FHA</strong> limits.<br />
• If the borrower is paying UFMIP, it must be 100% financed or 100% paid in cash.<br />
• <strong>The</strong> UFMIP is a pre-paid finance charge to be disclosed on the Good Faith<br />
Estimate and in the Truth-In-Lending Disclosure whether it is financed or paid in<br />
cash.<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Appraisal Requirements<br />
General • <strong>The</strong> following appraisal forms are now mandatory for <strong>FHA</strong> loans:<br />
• Uniform Residential Appraisal Report (Fannie Mae Form 1004) for all 1 unit<br />
single family dwellings<br />
• Individual Condominium Unit Appraisal Report (Fannie Mae Form 1073) for all<br />
individual condominium units<br />
• Small Residential Income Property Appraisal Report (Fannie Mae Form 1025)<br />
for all 2-4 unit single family dwellings<br />
Reference: See Section 1.07: Appraisal Guidelines in the Correspondent Seller<br />
Guide for additional information about UAD requirements.<br />
• Appraisal reports must include color photographs.<br />
Note: <strong>FHA</strong> has required color photographs as part of the Aprpaisal Exhibits since<br />
06/29/2000 (Notice H 00-12 section 4-1).<br />
• Facsimile (faxed) appraisal reports are not acceptable.<br />
• All property conditions, including repairs, alterations and/or required inspections<br />
must be reported within the appropriate section of the applicable Fannie Mae<br />
appraisal reporting form.<br />
Note: <strong>FHA</strong> does not require any home to have any appliances to be eligible for<br />
<strong>FHA</strong> financing.<br />
• Upon receipt of a completed appraisal report prepared on one of the revised<br />
Fannie Mae forms, the underwriter/processor must note any physical deficiency or<br />
adverse condition requiring repair, alteration or further inspection on Conditional<br />
Commitment Direct Endorsement Statement of Appraised Value (form HUD-<br />
92800.5B).<br />
All loans must have a <strong>FHA</strong> case number assigned to the subject property.<br />
HUD assigns case numbers through <strong>FHA</strong> Connection.<br />
References:<br />
• See <strong>FHA</strong> Social Security Number Validation for information relating to the<br />
assigning of <strong>FHA</strong> case numbers.<br />
• See the <strong>FHA</strong> Case Number Assignment and Cancellation subtopic in the<br />
Overview topic for additional information.<br />
• New <strong>FHA</strong> case numbers are required if the borrower changes properties.<br />
• <strong>The</strong> <strong>FHA</strong> case number must be provided to the appraiser before the appraiser<br />
may release the appraisal to the lender.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Appraisal Requirements, Continued<br />
General,<br />
(continued)<br />
• HUD allows for the lender selection of the appraiser, however, the appraiser must<br />
be on <strong>FHA</strong>’s most current approved appraiser list and must perform the inspection<br />
of the subject property as well as all comparables. This same appraiser’s<br />
signature is required as “appraiser” on the left side of page 2 of the appraisal<br />
report (URAR). A supervisory signature is not permitted. . Reference can be<br />
made in the “Comments” section of the URAR regarding a trainee’s assistance<br />
with the appraisal.<br />
• Underwriters (or other members of lenders staff) are not to mark on the URAR.<br />
<strong>The</strong> Direct Endorsement Underwriter/HUD Reviewer Analysis of Appraisal Report<br />
(HUD form 54114) is used for comments.<br />
• HUD requires that the DE lender notify the borrower of the property’s appraised<br />
value before the credit file is underwritten. HUD will accept a simultaneous review<br />
of the appraisal and mortgage credit application if the DE lender discloses to the<br />
borrower that the DE underwriter may adjust the appraised value.<br />
• <strong>The</strong> simultaneous review notification requirement is met by one of the following<br />
forms:<br />
• the Appraised Value Adjustment Disclosure (Form LGEN0067L1)-which prints<br />
off with HUD/VA Addendum to Uniform Residential <strong>Loan</strong> Application, or<br />
• an initial URLA Addendum (92900a) if completed and fully executed prior to<br />
the underwriting of the loan.<br />
• New construction properties must have at least one comparable from outside the<br />
subdivision. All builder sales must not be used in the same subdivision.<br />
• New construction properties that are 90% complete, with only minor finish work<br />
remaining, may be appraised without the appraiser having plans and<br />
specifications.<br />
• For new construction where the house is 100% complete at the time of the<br />
appraisal, the appraiser must take a clear photograph (in addition to the standard<br />
appraisal photos) of each diagonally opposite front and rear corner of the house to<br />
record adequate grading and drainage of the site.<br />
Notes:<br />
• "Complete" means everything is complete including the installation of buyer<br />
preferences (flooring, appliances, etc.), utilities are on and fully functioning<br />
and all site improvements completed at the time of appraisal (Ready for<br />
Occupancy).<br />
• If the appraiser makes no repair or correction conditions, the appraisal serves<br />
as the final inspection.<br />
• If the appraisal is ordered as “proposed construction” and is fully completed, a<br />
final inspection is still required regardless if property is 100% complete.<br />
• If the appraisal is ordered as “new construction, existing” and is 100% complete, a<br />
final inspection is not required providing the appraiser states that “the dwelling<br />
was built in accordance with the submitted plans and specifications and drainage<br />
and grading are adequate.”<br />
Note: For identity of interest transactions, a full appraisal is required and must<br />
include verification of the purchase price, last sale date, and recent listing of the<br />
subject property regardless of the feedback provided in the AUS Messaging.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Appraisal Requirements, Continued<br />
Appraiser<br />
Requirements<br />
• <strong>FHA</strong> has established the requirements listed below for the appraiser regarding<br />
Seller Concessions and Verification of Sales.<br />
• Report the total dollar amount of the loan charges and/or concessions to be paid<br />
by any party on behalf of the borrower and describe which party provided the<br />
concession in the “Subject Section” of the appraisal report. Use of an addendum<br />
with the heading “<strong>Loan</strong> Charges /Sales Concessions” may be required due to<br />
limited space on the report.<br />
• Verify all sales transactions for seller concessions and report those findings in the<br />
appraisal. If the sales cannot be verified with someone having first-hand<br />
knowledge of the transaction (i.e., seller, buyer, or one of their representatives),<br />
the appraiser must state how and to what extent the sale was verified.<br />
• Report the type and the amount of sales or financing concessions for each<br />
comparable sale listed in the “Sales Comparison Analysis, Sales or Concession<br />
Section” for each comparable listed. If no concessions exist, the appraiser must<br />
state “none.”<br />
• Make market-based adjustments to the comparable sales for any sales or<br />
financing concessions that may have affected the sales price. Adjustment for<br />
each comparable sale must reflect the difference between the sales price with the<br />
sales concessions and what the property would have sold for without the<br />
concessions.<br />
• Provide an analysis of the current agreement of sale, contract, option or listing for<br />
the subject property and an analysis of all prior transfers that occurred within three<br />
(3) years prior to the effective date of the appraisal. If the contract is not provided<br />
to the appraiser, he/she must report the steps or efforts taken to obtain the current<br />
agreement of sale.<br />
• Provide analysis of all prior transfers of the comparable sales that occurred with<br />
one (1) year prior to the effective date of the appraisal in the “Sales Comparison<br />
Analysis, Sales or Financing Concessions” section. If the data is unavailable, the<br />
appraiser must note what steps were taken during the normal course of business<br />
to obtain and report the information.<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Appraisal Requirements, Continued<br />
Mortgagee<br />
Requirements<br />
<strong>FHA</strong> has established mortgagee requirements relating to appraisals. <strong>The</strong>se<br />
requirements are listed below.<br />
• Provide the appraiser with a complete copy of the ratified sales contract,<br />
including all addenda, for the subject property that is to be appraised.<br />
• Provide the appraiser with all financing data and sales concessions for the<br />
subject property granted by anyone associated with the transaction. Sales<br />
concessions information must include gifts which may or may not be included in<br />
the contract of sale.<br />
• If a reconsideration of value is requested, the appraiser must be provided with<br />
any amendments to the contract that occurred after the effective date of the<br />
appraisal.<br />
• For proposed/under construction loans with less than a 90% LTV, the lender<br />
should provide a complete set of the approved plans and specifications the<br />
builder submitted to the local building authority to obtain the building permits. In<br />
the event the property is located in a jurisdiction that does not approve plans<br />
then the plans and specifications are required.<br />
• Appraisers must receive a fully executed, Builder’s Certification of Plans,<br />
Specifications, And Site (HUD form 92541) before performing the appraisal on<br />
proposed, under construction or less than one year old properties. Appraisers<br />
must review Item 1on the form and note in the Appraisal Report any<br />
discrepancies between the information in Item 1 and the actual conditions<br />
observed on site. <strong>The</strong> lender is responsible to address any yes answer in Item 1.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Appraisal Requirements, Continued<br />
Market<br />
Conditions<br />
Addendum to<br />
the Appraisal<br />
Report (Freddie<br />
Mac 71/Fannie<br />
Mae 1004MC)<br />
Properties<br />
Located in<br />
Disaster Areas<br />
Properties<br />
Located in<br />
Declining<br />
Market Areas<br />
Reference: See the Market Conditions Addendum to the Appraisal Report (Freddie<br />
Mac 71/Fannie Mae 1004MC) subtopic in the Appraisal Reports and Exhibits topic<br />
within Section 1.07: Appraisal Guidelines of the Correspondent Seller Guide for<br />
additional information.<br />
Reference: See Section 1.31: SunTrust Disaster Area Procedures of the On-Line<br />
Correspondent Seller Guide for additional information on properties located in a<br />
disaster area.<br />
• <strong>The</strong> subject property is considered to be in a declining area when the SunTrust<br />
Mortgage Declining Market Index list indicates a severely declining or declining<br />
market, or the appraiser has marked the appraisal that property values are<br />
declining or referenced that values are declining in the appraisal comments,<br />
including the Market Conditions Addendum to the Appraisal Report.<br />
• At least two (2) comparable sales, as similar as possible to the subject property,<br />
that have closed within ninety (90) days prior to the effective date of the appraisal.<br />
• In some areas this may not be possible due to lack of market information<br />
and, in these cases, a detailed explanation is required.<br />
• At least two (2) comparable listings and/or pending sales, as similar as possible<br />
to the subject property, are required.<br />
• Listings and pending sales must be reported on the appraisal grid of the<br />
applicable appraisal form in comparable position four (4) or higher.<br />
• Listings and pending sales should bracket the listing, using both dwelling<br />
size and sales price whenever possible to insure that these comparables are<br />
market tested and have reasonable market exposure to avoid the use of<br />
over priced properties as comparables.<br />
Note: Reasonable market exposure is reflected by typical marketing times<br />
for the neighborhood.<br />
• Active listings must be adjusted to reflect list to sale price ratios for the<br />
market.<br />
• Pending sales must be adjusted to reflect the contract purchase price<br />
whenever possible or adjust pending sales to reflect list to sale price ratios.<br />
• Original list price, any revised list prices, and total Days On the Market<br />
(DOM), must be included.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Appraisal Requirements, Continued<br />
Properties<br />
Located in<br />
Declining<br />
Market Areas,<br />
(continued)<br />
Construction<br />
Status Types<br />
• An explanation is required for DOM that do not approximate time frames<br />
reported in the Neighborhood section of the appraisal reporting form or<br />
that do not coincide with the DOM noted in the Market Conditions<br />
Addendum to the Appraisal Report.<br />
• Reconcile the adjusted values of active listings or pending sales with the<br />
adjusted values of the settled sales provided.<br />
• If the adjusted values of the settled comparables are higher than the<br />
adjusted values of the active listings or pending sales, the appraiser must<br />
determine if a market condition adjustment is appropriate.<br />
• <strong>The</strong> final value conclusion should not be based solely on the comparable<br />
listing or pending sales data.<br />
• Data regarding market trends is available from multiple local and nationwide<br />
sources. Appraisers must be diligent in using only impartial sources of data.<br />
• <strong>The</strong> appraiser must verify data via local parties to the transaction: agents,<br />
buyers, sellers, lenders, etc.<br />
• If a sale cannot be verified by a party then public records or other<br />
impartial data sources that can be replicated may be used.<br />
• A Multiple Listing Service (MLS) by itself is not considered a verification<br />
source.<br />
• Unacceptable data sources include media and other sources considered not<br />
readily verifiable and should be able to be replicated.<br />
• Known or reported incentives or sales concessions must be noted in the<br />
financing section of the grid for any active or pending comparable used.<br />
• Direct Endorsement lenders are reminded that if the appraiser they selected<br />
provides a poor or fraudulent appraisal that leads <strong>FHA</strong> to insure a mortgage at an<br />
inflated amount, the Correspondent lender is held responsible, equally with the<br />
appraiser, for the integrity, accuracy and thoroughness of an appraisal submitted<br />
to <strong>FHA</strong> for mortgage insurance purposes.<br />
Proposed<br />
No concrete or permanent material has been placed. Digging of footing and<br />
placement of re-bar is not considered permanent.<br />
Under Construction<br />
From the first placement of concrete (permanent material) to 100% completion.<br />
(Finalized and ready to occupy.)<br />
Existing<br />
100% complete and has an occupancy permit.<br />
Existing less than one (1) year<br />
Appraisal performed less than one (1) year since final occupancy permit was issued.<br />
For model homes, age begins with issuing of permit to use as a model.<br />
Note: Any home built less than two (2) years must list the month and year completed<br />
in the age box on the Uniform Residential Appraisal Report (URAR). Complete is<br />
defined as 100% complete and nothing remains to be done.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Appraisal Requirements, Continued<br />
Comprehensive<br />
Valuation<br />
Package (CVP)<br />
Requirements<br />
<strong>The</strong> table below shows the CVP (appraisal package) requirements for various<br />
property or loan types.<br />
Comprehensive Valuation Package (CVP) Requirements<br />
URAR (Fannie Mae<br />
1004, 1073 and 1025)<br />
For Your Protection:<br />
Get a Home Inspection<br />
(HUD 92564-CN)<br />
Proposed/Under<br />
Construction<br />
Yes No<br />
Existing Construction <<br />
Yes • Yes (for a previously<br />
12 months old<br />
occupied home < 12<br />
mos. old.)<br />
• No (for a home that<br />
has never been<br />
Existing Property Yes<br />
occupied.)<br />
Yes<br />
Streamline Refinance<br />
with an Appraisal<br />
Yes No<br />
Streamline Refinance<br />
without an Appraisal<br />
No No<br />
HUD Real Estate Owned Yes Yes<br />
Excess Land • Excess land occurs when the subject lot is considerably larger than typical lots in<br />
the neighborhood, and the excess is capable of separate use.<br />
• In small communities and outlying areas different criteria must be used since the<br />
market may readily accept a wide variance in lot sizes due to wide differences in<br />
lot use by this segment of the market<br />
• SunTrust requires the property to be legally subdivided, with separate tax<br />
identification numbers, prior to the appraisal being completed.<br />
• SunTrust will not finance the purchase of excess land.<br />
• SunTrust requires the property to be legally subdivided, with separate tax<br />
identification numbers, prior to the appraisal being completed.<br />
• SunTrust will not finance the purchase of excess land.<br />
• When it has been determined that the plot contains excess land, the area of the<br />
readily marketable real estate entity, together with the existing or proposed<br />
improvements, is delineated and is appraised in the prescribed manner. <strong>The</strong><br />
excess land is described but is not appraised. A requirement is made that the<br />
excess land be excluded from the mortgage security.<br />
• <strong>The</strong> highest and best use of the site must also be given close evaluation.<br />
Continued on next page<br />
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Appraisal Requirements, Continued<br />
Appraisal Date • Appraisals are valid for 120 days on existing, proposed or under construction<br />
properties and cannot be “re-used” during this period once the mortgage for<br />
which the appraisal was ordered has closed.<br />
• <strong>The</strong> effective date of an <strong>FHA</strong> appraisal cannot be before the <strong>FHA</strong> case number<br />
assignment date, unless:<br />
• the appraisal was originally ordered for conventional lending, HUD REO or<br />
government guaranteed loan purposes, but was performed by a <strong>FHA</strong> Roster<br />
Appraiser and is being converted to a <strong>FHA</strong> insured mortgage, and<br />
• when applicable, the certification field in the Appraisal Logging Screen in<br />
<strong>FHA</strong> connection is completed.<br />
Notes:<br />
• <strong>The</strong> certification field in the Appraisal Logging Screen will only appear<br />
when the appraisal effective date is more than ten (10) days prior to the<br />
case number assignment date and the appraisal must have been originally<br />
ordered for conventional lending, HUD REO or government guaranteed loan<br />
purposes.<br />
• For transactions where the original appraisal was not ordered for an <strong>FHA</strong><br />
transaction, documentation must be retained in the loan file to evidence<br />
conversion of mortgage programs.<br />
• <strong>The</strong> lender is responsible for ensuring that the appraisal was performed in<br />
accordance with <strong>FHA</strong> appraisal reporting requirements. Validating this<br />
requirement may entail a re-inspection of the property by the appraiser.<br />
• If the original appraisal was not performed by a <strong>FHA</strong> Roster Appraiser, then<br />
a new <strong>FHA</strong> appraisal must be ordered, and the effective date may not be<br />
before the case number assignment date.<br />
• A new appraisal is required for each refinance transaction requiring an appraisal.<br />
• MCRVs are valid for 12 months from the issue date.<br />
• Extensions may be granted for 30 days at the option of the lender to allow for<br />
approval of the borrower and closing of the loan subject to the items listed below.<br />
• <strong>The</strong> borrower signs a valid sales contract or is approved for a loan prior to<br />
the expiration date of the appraisal.<br />
• <strong>The</strong> approval of the borrower occurs when the DE underwriter signs the <strong>FHA</strong><br />
<strong>Loan</strong> Underwriting Transmittal Summary (HUD-92900-LT) or the loan is<br />
approved by TOTAL Scorecard.<br />
• 30-day extensions are not eligible on transaction that receive a “Summary<br />
Appraisal Update Report”.<br />
References:<br />
• See the Fannie Mae Form 1004D/Freddie Mac Form 442 (Appraisal Update<br />
and/or Completion Report) subtopic subsequently presented in this topic for<br />
additional information on updating an existing appraisal.<br />
• See the HUD REO Properties subtopic previously presented in the<br />
Occupancy/Property Types topic for additional information regarding HUD REO<br />
properties.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Appraisal Requirements, Continued<br />
Assignments of<br />
Appraisals<br />
(Commitments)<br />
and/or Cases<br />
Fannie Mae<br />
Form<br />
1004D/Freddie<br />
Mac Form 442<br />
(Appraisal<br />
Update and/or<br />
Completion<br />
Report)<br />
General Information<br />
Upon written request from the borrower or the seller (if the borrower is not involved),<br />
appraisal reports and/or mortgage credit packages may be assigned to another<br />
lender, but does not need to include lender processing documents.<br />
Procedures<br />
• HUD must be notified when a transfer occurs in order to avoid problems with the<br />
issuance of MIC. An <strong>FHA</strong> case number is assigned to a specific lender and<br />
property. Such notification must be made on <strong>FHA</strong> Connection.<br />
• <strong>The</strong> receiving mortgagee must also place in the case binder to HUD, evidence of<br />
the CHUMS system reassignment.<br />
• If the receiving mortgagee approves the application and submits the case for<br />
endorsement, the case file does not need to include a copy of the original<br />
mortgagee’s <strong>FHA</strong> <strong>Loan</strong> Underwriting Transmittal Summary (HUD-92900-LT)<br />
from the transferring lender, but does need to include explanatory comments<br />
from the receiving (approving) mortgagee’s underwriter.<br />
• <strong>FHA</strong> does not require a change in either the lender’s name or the borrower’s<br />
name when an appraisal is transferred.<br />
• FAILURE TO COOPERATE IN THE TRANSFER/ASSIGNMENT OF CASES<br />
JEOPARDIZES THE MORTGAGEE’S HUD APPROVAL AS WELL AS THEIR<br />
DIRECT ENDORSEMENT APPROVAL.<br />
Maximum Compensation to Mortgagee<br />
• Any lock-in fee collected from the borrower at the time of application.<br />
• Any out-of-pocket expenses, appraised fees, credit reports, surveys, etc.<br />
• A pro-rated portion of the origination fee for reasonable costs incurred for the<br />
work performed:<br />
• if the DE underwriter has issued the 92800.5B only - 1/2 of original fee.<br />
• if the DE underwriter has issued the 92800.5B and a firm commitment<br />
(approval of property/borrower) - 1% origination fee.<br />
• <strong>The</strong> Appraisal Update and/or Completion Report (Fannie Mae form<br />
1004D/Freddie Mac form 442), may be used in the following circumstances:<br />
• to extend the validity period of an existing appraisal that is due to expire,<br />
• to extend the validity period of an existing appraisal for new construction that<br />
is incomplete, and<br />
• as an additional option to report the completion of a repair and/or the<br />
satisfaction of requirements and conditions noted in the original appraisal<br />
report.<br />
Continued on next page<br />
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Appraisal Requirements, Continued<br />
Fannie Mae<br />
Form<br />
1004D/Freddie<br />
Mac Form 442<br />
(Appraisal<br />
Update and/or<br />
Completion<br />
Report),<br />
(continued)<br />
• Notes:<br />
• Only the <strong>FHA</strong> appraiser that performed the original appraisal, if currently in<br />
good standing on the <strong>FHA</strong> Appraiser Roster, is permitted to complete a<br />
“Summary Appraisal Update Report.”<br />
• Any <strong>FHA</strong> appraiser that is currently in good standing on the <strong>FHA</strong> Appraiser<br />
Roster may complete a “Certification of Completion.”<br />
• Other methods used (i.e., contractor, home inspector and mortgagee<br />
certifications) may continue to be used as applicable.<br />
• Only one (1) “Summary Appraisal Update Report” may be completed per<br />
appraisal report received.<br />
• <strong>The</strong> effective date of the “Summary Appraisal Update Report” must be on or<br />
before the original expiration date of the original appraisal report.<br />
• A “Summary Appraisal Update Report” extends the original appraisal<br />
expiration date by up to 120 days. <strong>The</strong>refore, a loan must be closed within<br />
120 days of the effective date of the “Summary Appraisal Update Report.”<br />
• <strong>The</strong> Appraisal Update and/or Completion Report (Fannie Mae form<br />
1004D/Freddie Mac form 442) may not be used when ordered by a lender<br />
who is not identified as an intended user in the original appraisal report<br />
unless the appraiser incorporates the original report being updated as an<br />
attachment rather than as a reference.<br />
• When a “Summary Appraisal Update Report” is issued, the appraiser must<br />
include a completed Market conditions Addendum (Fannie Mae form<br />
1004MC/Freddie Mac form 71) for the subject property that is reflective of the<br />
current market conditions as of the effective date of the Appraisal Update<br />
and/or Completion Report (Fannie Mae form 1004D/Freddie Mac form 442).<br />
• <strong>The</strong> Appraisal Update and/or Completion Report (Fannie Mae form<br />
1004D/Freddie Mac form 442), may not be used in the following circumstances:<br />
• the property value has declined,<br />
• building improvements that contribute value to the property cannot be<br />
observed from the street or a public way,<br />
Note: <strong>FHA</strong> requires that all improvements must be observable from a<br />
street or public way to utilize the Appraisal Update and/o9r Completion<br />
Report (Fannie Mae form 1004D/Freddie Mac form 442).<br />
• the exterior inspection of the property reveals deficiencies or other significant<br />
changes that did not exist as of the effective date of the appraisal report<br />
being updated, or<br />
• as a substitute for the Compliance Inspection Report (HUD 92051), when<br />
required, for new construction.<br />
Continued on next page<br />
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Appraisal Requirements, Continued<br />
Second<br />
Appraisal<br />
Options<br />
• In instances where the first appraisal was ordered by another lender, a second<br />
appraisal may be ordered under the following circumstances:<br />
• the first appraisal contains material deficiencies as determined by the D.E.<br />
Underwriter,<br />
• the appraiser performing the first appraisal is on the Correspondent’s<br />
Ineligible Appraiser List or the SunTrust Ineligible Appraiser and Appraisal<br />
Company List,<br />
• failure of the first lender, including cases where the first lender has since<br />
gone out of business, to provide a copy of the appraisal to SunTrust by the<br />
Correspondent client in a timely manner which would cause a delay in<br />
closing, posing a potential harm to the borrower,<br />
• Potential harm includes events outside the control of the borrower such as<br />
loss of interest rate lock, purchase contract deadline, foreclosure<br />
proceedings, late fees.<br />
• Both appraisals must be retained in the case binder; however, the first<br />
appraisal may be added to the case binder when it is received.<br />
Notes:<br />
• <strong>The</strong> loan file must be documented with why a second appraisal was<br />
obtained AND both appraisals must be retained in the loan file.<br />
• <strong>The</strong> cost of the second appraisal may be charged to the borrower.<br />
• <strong>The</strong> lender name does not need to be changed on appraisals being<br />
transferred from one lender to another.<br />
• A second appraisal may NOT be ordered in an attempt to obtain a higher<br />
property value or lesser number of deficiencies/repair requirements.<br />
• Reference: See the HUD Property Disposition (PD) Properties subtopic<br />
previously presented in the Occupancy/Property Types topic for additional<br />
information regarding HUD REO properties.<br />
Continued on next page<br />
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Appraisal Requirements, Continued<br />
Converting VA<br />
Appraisals to<br />
an <strong>FHA</strong><br />
Appraisal<br />
General<br />
• HUD will accept single family (excluding condominiums) existing construction,<br />
proposed construction, under construction, and newly constructed properties one<br />
year old or less which were pre-approved by VA (this includes CRVs,<br />
LNOV/LAPPs), and these properties are eligible for high ratio (greater than 90%)<br />
loans using <strong>FHA</strong> mortgage insurance.<br />
• <strong>The</strong> appraiser must be on the <strong>FHA</strong> Roster of Approved Appraisers and be state<br />
certified with an unexpired license.<br />
• A HUD case number must be obtained through <strong>FHA</strong> Connection. <strong>The</strong> VA CRV<br />
(or LAPP appraisal) is sent to underwriting at loan submission and the DE<br />
underwriter processes the conversion and completes the 92800.5B conditional<br />
commitment. <strong>The</strong> conditions of the VA appraisal will become conditions of the<br />
<strong>FHA</strong> appraisal with the addition of the Lead Based Paint Hazard when<br />
applicable.<br />
References:<br />
• See the subtopic, “Property Requirements” under the topic, “Appraisal<br />
Requirements” subsequently presented in this product description for<br />
additional requirements for lead based paint repairs and inspections.<br />
• See the <strong>FHA</strong> Case Number Assignment and Cancellation subtopic in the<br />
Overview topic for additional information.<br />
• Circumstances under which a CRV/MCRV may not be converted include those<br />
listed below:<br />
• Property has an outstanding <strong>FHA</strong> Conditional Commitment issued by HUD.<br />
Conditional Commitments are no longer issued by HUD, except for HUD<br />
employees only others are issued by the DE underwriter.<br />
• Property or site is known to be unacceptable (i.e., subject to periodic<br />
flooding).<br />
• <strong>FHA</strong> previously rejected property or site.<br />
• <strong>The</strong> VA-MCRV or NOV expired before the sales contract was signed.<br />
• Case is processed under the DE program and property does not qualify as<br />
proposed construction.<br />
• Reference: See HUD Handbook 4000.4, paragraph 1-2 for additional<br />
information on using a VA-MCRV in the DE program.<br />
• Property is a unit in a condominium project that does not met <strong>FHA</strong> criteria.<br />
Continued on next page<br />
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Appraisal Requirements, Continued<br />
Converting VA<br />
Appraisals to<br />
an <strong>FHA</strong><br />
Appraisal,<br />
(continued)<br />
Extension of Validity Period<br />
• <strong>FHA</strong> will not get involved in extending a VA appraisal. Generally, extension<br />
requests are sent to the VA office of jurisdiction, which will contact the fee<br />
appraiser involved, if appropriate, and issue an endorsement to the notice of<br />
value, if justified. <strong>The</strong> borrower must have signed the purchase agreement<br />
during the validity period for the extension to be considered.<br />
• If the appraisal is for new construction, whoever is shown on the LAPP NOV<br />
as the inspector will perform the final inspection.<br />
• <strong>The</strong> builder must complete the Builders Certification (HUD-92541).<strong>The</strong><br />
information must be reviewed by the DE Underwriter who is responsible for<br />
resolving discrepancies and inconsistencies, if any.<br />
• <strong>The</strong> conditions of the VA appraisal will become conditions of the <strong>FHA</strong><br />
appraisal.<br />
• <strong>The</strong> builder must be a VA approved builder.<br />
• Subdivisions, PUDs, and builders do not need HUD approval.<br />
VA Master CRV’s<br />
• A VA master CRV may be converted to <strong>FHA</strong>; however, each case must have an<br />
individual and separate case number.<br />
• <strong>The</strong> builder does not need HUD approval, however, the builder must be VA<br />
approved.<br />
• A Builders Certification form (HUD 92541) is required.<br />
Continued on next page<br />
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Appraisal Requirements, Continued<br />
Converting a<br />
VA MCRV for<br />
an <strong>FHA</strong> <strong>Loan</strong><br />
General<br />
MCRVs are valid for 12 months from the date of issue. If a loan is submitted with an<br />
expired MCRV, the sales contract and <strong>FHA</strong> case number assignment must predate<br />
the MCRV expiration date.<br />
Reference: See Extension of Validity Period shown previously within this subtopic for<br />
additional information.<br />
Reciprocity – Proposed Construction<br />
Condos<br />
• VA MCRVs are acceptable as long as a HUD Approval letter of the project is<br />
provided and current.<br />
• All conditions of the HUD approval letter must be met prior to or at closing, in<br />
addition to all of the MCRV conditions.<br />
Subdivisions<br />
• VA MCRVs are acceptable provided that they have not expired and a satisfactorily<br />
completed Builder Certification form is obtained at the time of loan submission to<br />
the DE underwriter.<br />
• All MCRV conditions are to be met prior to closing.<br />
Conversion of MCRV<br />
To convert an MCRV for use on an <strong>FHA</strong> loan, the following documentation must be in<br />
the loan file for the DE underwriter to arrive at a final valuation:<br />
• A complete copy of the sales contract including an itemization of options and<br />
charges to the borrower for those options.<br />
• A current and complete MCRV (if not sure of what “complete” refers to, contact<br />
underwriting for definition).<br />
• A MCRV option sheet completed by processor listing MCRV number, property<br />
address, lot number, block number, name of subdivision, model name/type, base<br />
value of model, list of all options from sales contract and MCRV values, total of<br />
options, total value of MCRV, sales price and maximum loan.<br />
• Square footage measurements for areas in each model type where upgrades for<br />
competing, resilient flooring and padding are options with additional values. This<br />
should be provided by the builder.<br />
• Evidence of HUD project approval if a condominium, Must be current and reflect<br />
all conditions.<br />
• A Builder Certification form (HUD 92541) for property types other than a<br />
condominium.<br />
• WSSC letter (applicable only in Prince George and Montgomery Counties in MD).<br />
Continued on next page<br />
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Appraisal Requirements, Continued<br />
<strong>FHA</strong> Appraised<br />
Value<br />
Adjustment<br />
Disclosure<br />
Property<br />
Requirements<br />
• <strong>The</strong> <strong>FHA</strong> Appraised Value Adjustment Disclosure is signed by the borrower(s) at<br />
the same time the HUD/VA Addendum to Uniform Residential <strong>Loan</strong> Application<br />
(URLA) is signed.<br />
• <strong>The</strong> form must be signed and dated prior to submission to underwriting and<br />
included in the guaranty submission package sent to HUD.<br />
• This form is not required if the initial URLA Addendum (HUD 92900-a) is<br />
completed and signed before the loan is underwritten.<br />
General<br />
• HUD requires the approved appraiser to determine whether the property meets<br />
HUD Guidelines as specified in HUD Handbook 4150.2 and Appendix D. To<br />
perform this analysis, the appraiser must have full access to all property<br />
improvements, including crawl space and attic.<br />
References:<br />
• See the HUD Handbook for specific property requirements established by<br />
HUD.<br />
• See the Streamline Refinance topic for additional information regarding<br />
streamlines with an appraisal.<br />
• <strong>FHA</strong> requires that appraisers be provided with all financing data and sales<br />
concessions for properties to be a security for an <strong>FHA</strong>-insured loan.<br />
• <strong>The</strong> appraiser must provide a meaningful explanation to support any “Best comp<br />
available” statement.<br />
• Current owner space must contain name of actual owner and cannot just state<br />
“Owner of record.”<br />
• Time adjustments are considered a “red flag;” however are allowed if the<br />
rationale is documented and supported with a paired sales analysis.<br />
• Appraiser needs to inspect the exterior of all comparable sales. If the<br />
comparables are located in a gated community and the appraiser is unable to<br />
gain entry, other comparables need to be provided. MLS pictures are not<br />
acceptable.<br />
• Appraisers are required to identify and report sales concessions and properly<br />
address and/or adjust the comparable sale transactions to account for sales<br />
concessions in the appraisal of all properties.<br />
Continued on next page<br />
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Appraisal Requirements, Continued<br />
Unacceptable<br />
Locations<br />
Site Hazards<br />
and Nuisances<br />
• <strong>The</strong> appraiser must consider factors such as location requirements, neighborhood<br />
hazards and nuisances, site analysis, condition of physical improvements,<br />
economic life, code enforcements, and any other criteria HUD requires.<br />
• A site is required to be rejected if the property being appraised is subject to<br />
hazards, environmental contaminants, noxious odors, offensive sights or<br />
excessive noises to the point of endangering the physical improvements or<br />
affecting the livability of the property, its marketability, or the health and safety of<br />
its occupants. Rejections may also be appropriate if the future economic life of<br />
the property is shortened by obvious and compelling pressure to a higher use,<br />
making a long-term mortgage impractical.<br />
• <strong>The</strong> appraiser must indicate all hazards and nuisances affecting the subject<br />
property that may endanger the health and safety of the occupants and/or the<br />
structural integrity or marketability of the property in the applicable section of the<br />
appraisal form.<br />
• If hazards or nuisances are observed, the appraiser must describe the conditions<br />
and make a requirement for repair and/or for further inspection, and prepare the<br />
appraisal “subject to repairs” and/or “subject to inspection” in the site section of<br />
the report. <strong>The</strong>se hazards or nuisances may include the following:<br />
• subsidence, operating and abandoned gas wells, abandoned wells, slush pits,<br />
• heavy traffic, airport noise and hazards, runway clear zones/clear zones,<br />
• proximity to high pressure gas, liquid petroleum pipelines or other volatile and<br />
explosive products<br />
• residential structures located within the fall distance of a high-voltage<br />
transmission line, radio/TV transmission tower, etc.,<br />
• excessive hazard from smoke fumes, odors, and stationary storage tanks<br />
containing flammable or explosive material.<br />
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Appraisal Requirements, Continued<br />
Soil<br />
Contamination<br />
Grading and<br />
Drainage<br />
Individual<br />
Water Supply<br />
and Sewage<br />
System<br />
Distances<br />
Between<br />
Well/Septic/Etc.<br />
• <strong>The</strong> appraiser must notate the proximity to dumps, landfills, industrial sites or<br />
other sites that could contain hazardous wastes. Additionally to notate any readily<br />
observable evidence of hazardous substances in the soil (on-site contamination)<br />
and make a requirement for further inspection in the site section.<br />
• Conditions that could indicate soil contamination include pools or liquid, pits,<br />
ponds, lagoons, stressed vegetation, stained soils or pavement, drums or odors.<br />
If any of these conditions exist, further analysis or testing is required.<br />
• Proper drainage control measures may include gutters and downspouts or<br />
appropriate grading or landscaping to divert the flow of water away from the<br />
foundation.<br />
• If the grading does not provide positive drainage from the improvements, the<br />
appraiser should make a repair requirement.<br />
• Any readily observable evidence of standing water near the property could<br />
indicate improper drainage. IF the standing water is problematic, a repair<br />
requirement is made in the site section of the report.<br />
• When water and sewer are private, well and septic testing is governed by state or<br />
local requirements; however, the appraiser must note any observable<br />
deficiencies.<br />
• <strong>The</strong> appraiser must also report on the availability of connection to public and/or<br />
community water/sewer systems. <strong>The</strong> lender is responsible for the determination<br />
of the feasibility for requiring connection.<br />
• <strong>The</strong> appraiser should request a copy of a survey from the homeowner, if<br />
available, that would show the distances between well/septic drain field,<br />
well/foundation and well/property line.<br />
• <strong>The</strong> appraiser is not required to sketch the distances but should note in the<br />
appraisal if the distances appear to be met and note any adverse site conditions<br />
that might warrant further inspections or due diligence.<br />
• It is the lender’s decision as to whether a qualified third (3 rd ) party should map out<br />
these distances. In cases where the lot is particularly small and depending on the<br />
location of the well, the lender may want to require the survey to reflect these<br />
distances.<br />
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Appraisal Requirements, Continued<br />
Lead Based<br />
Paint Hazards<br />
Private Road<br />
Access and<br />
Maintenance<br />
• For all <strong>FHA</strong> insured properties, correction is required for all defective paint<br />
surfaces in or on structures and/or property improvements built before January 1,<br />
1978.<br />
• <strong>The</strong> appraiser must provide a detailed description and identify the exact location<br />
of any deficiency under physical deficiencies affecting livability.<br />
• For HUD REO properties, HUD will only order a lead-based paint evaluation for<br />
properties constructed before 1978 and purchased with <strong>FHA</strong>-insured financing.<br />
Notes:<br />
• If the appraiser observes defective paint in a home that was built before 1978,<br />
then the appraiser must enter an “X” in the “Yes” box and note all areas<br />
affected in the physical deficiencies or adverse conditions section of the<br />
appraisal report.<br />
• If the appraiser does not observe defective paint in a home that was built<br />
before 1978, an explanation is not required in the physical deficiencies or<br />
adverse conditions section of the appraisal report.<br />
• For all <strong>FHA</strong> loans secured by properties built prior to 1978 where lead-based paint<br />
is present and the appraiser noted defective paint in the home, SunTrust will<br />
require the following:<br />
• homeowners performing renovation, repair, or painting on their primary<br />
residence must provide a letter stating they made the repairs.<br />
• Any firm, renovator, contractor, or investment property owner completing the<br />
repairs must provide a copy of the EPA or State-Lead Training Certificate in<br />
the name of the party who performed the renovation, repair, and painting of<br />
defective paint surfaces to be reviewed by the Underwriter.<br />
• an inspection must be completed by an <strong>FHA</strong> Roster Appraiser or Inspector,<br />
verifying the repairs have been completed as required by the appraiser.<br />
Note: Inspections verifying completion of required repairs may also be performed<br />
by an independent third party.<br />
• For all other <strong>FHA</strong> transactions on properties built prior to 1978, all currently<br />
published lead-based paint guidelines continue to apply.<br />
• Each property must have vehicular or pedestrian access.<br />
• <strong>The</strong> property must have an all-weather road surface. (An all-weather surface is a<br />
road surface over which emergency vehicles can pass in all types of weather.)<br />
• Private streets or shared driveways are addressed under “offsite improvements”<br />
and must be protected by permanent recorded easements or be owned and<br />
maintained by a HOA.<br />
Reference: See the “Private Roads” subtopic under the “Closing and <strong>Loan</strong> Settlement<br />
Documentation” for additional requirements.<br />
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Appraisal Requirements, Continued<br />
Minimum<br />
Property<br />
Requirements/<br />
Minimum<br />
Property<br />
Standards<br />
• New construction properties must comply with HUD’s Minimum Property<br />
Standards (MPS).<br />
• Existing construction must comply with HUD’s Minimum Property Requirements<br />
(MPR).<br />
Note: <strong>FHA</strong> does not require any home to have any appliances to be eligible for <strong>FHA</strong><br />
financing.<br />
• <strong>The</strong> appraiser must denote any deficiency in the appropriate section(s) (i.e., site<br />
issues in site sections, improvement issues in improvement section) of the<br />
appraisal report. <strong>The</strong> appraiser is to note those repairs necessary to make the<br />
property comply with <strong>FHA</strong>’s MPR or MPS together with the estimated cost to<br />
cure. <strong>The</strong> lender will determine which repairs for existing properties must be<br />
made for the property to be eligible for <strong>FHA</strong>-insured financing.<br />
• Cosmetic repairs are not required; however, they are to be considered in the<br />
overall condition rating and valuation of the property. (I.e., surface treatments,<br />
beautification or adornment not required for the preservation of the property such<br />
as worn floor finishes, carpeting, holes in window screens, small crack in a<br />
windowpane are examples of deferred maintenance that do not require repairs<br />
but must be reported by the appraiser.)<br />
• <strong>The</strong> physical condition of existing building improvements is examined at the time<br />
of the appraisal to determine whether repairs, alterations or inspections are<br />
necessary. This is essential to eliminate conditions threatening the continued<br />
physical security of the property.<br />
• Required repairs are limited to the necessary requirements for the following:<br />
• protect the health and safety of the occupants (Safety),<br />
• protect the security of the property (Security), and<br />
• correct physical deficiencies or conditions affecting structural integrity<br />
(Soundness).<br />
• A property with defective conditions is unacceptable until the defects or<br />
conditions have been remedied and the probability of further damage eliminated.<br />
Defective conditions include those listed below.<br />
• Defective construction<br />
• Other readily observable conditions that impair the safety, sanitation or<br />
structural soundness of the dwelling.<br />
• <strong>The</strong> appraiser must provide the reason or an indication of a particular problem<br />
when requiring an inspection of any mechanical system, structural system, etc.<br />
Typical conditions that require further inspection or testing by qualified<br />
individuals or entities include those shown below:<br />
• infestation – evidence of termites<br />
• inoperative or inadequate plumbing, heating or electrical systems<br />
• structural failure in framing members<br />
• leaking or worn-out roofs<br />
• cracked masonry or foundation damage<br />
• drainage problems<br />
Continued on next page<br />
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Appraisal Requirements, Continued<br />
Repair and<br />
Inspection<br />
Requirements<br />
<strong>FHA</strong> now permits “as-is” appraisals and “subject to” appraisals. <strong>The</strong> table below<br />
shows the conditions under which each category is selected in the reconciliation<br />
section of the appraisal report.<br />
<strong>The</strong> <strong>FHA</strong><br />
appraisal is<br />
made<br />
Reconciliation – How the appraisal is made<br />
Under the following conditions…<br />
As Is • <strong>The</strong>re is/are no repairs, alterations or inspection conditions<br />
noted by the appraiser.<br />
• <strong>The</strong> property is recommended for rejection<br />
• It is establishing the “as-is” value for a regular <strong>203</strong>(k)<br />
Subject to<br />
Completion per<br />
Plans and<br />
Specifications<br />
Subject to the<br />
following<br />
repairs or<br />
alternations<br />
Subject to the<br />
following<br />
required<br />
inspection<br />
Note: Only Correspondents lenders that have a Direct<br />
Endorsement underwriter on staff may underwrite and<br />
submit <strong>203</strong>(k) transactions to SunTrust for purchase<br />
review and funding.<br />
• Proposed construction where constructions has not started<br />
• Under construction but not yet complete and less than 90%<br />
LTV<br />
• Regular <strong>203</strong>(k) loan.<br />
Note: Only Correspondents lenders that have a Direct<br />
Endorsement underwriter on staff may underwrite and<br />
submit <strong>203</strong>(k) transactions to SunTrust for purchase<br />
review and funding.<br />
• Repair or alteration condition(s) noted by the appraiser<br />
• Under construction, more than 90% complete with only<br />
minor finish work remaining (buyer preference items, i.e.,<br />
floor, coverings, appliances, fixtures, landscaping, etc.).<br />
Note: This eliminates the need for construction exhibits.<br />
Required inspection(s) noted by the appraiser<br />
Continued on next page<br />
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Correspondent Seller Guide
Appraisal Requirements, Continued<br />
Repair and<br />
Inspection<br />
Requirements,<br />
(continued)<br />
Minor property conditions NOT requiring automatic repairs for existing<br />
properties include but are not limited to those listed below.<br />
• Missing hand rails<br />
• Cracked or damaged exit doors that are otherwise operable<br />
• Cracked window glass<br />
• Defective paint surfaces in homes constructed post-1978<br />
• Minor plumbing leaks (i.e., leaky faucets)<br />
• Defective floor finish or covering (worn through the finish, badly soiled carpeting)<br />
• Evidence of previous (non-active) Wood Destroying Insect/Organism damage<br />
where there is no evidence of un-repaired structural damage<br />
• Rotten or worn-out counter tops<br />
• Damaged plaster, sheetrock or other wall and ceiling materials in homes<br />
(constructed pre-1978)<br />
• Poor workmanship<br />
• Trip hazards (cracked or partially heaving sidewalks, poorly installed carpeting)<br />
• Crawl space with debris and trash<br />
• Lack of an all weather driveway surface<br />
Property conditions that may represent a risk to the health and safety of the<br />
occupants or the soundness of the property that will require automatic repair<br />
conditions include, but are not limited to those listed below.<br />
• Inadequate access/egress from bedrooms to exterior of home.<br />
• Leaking or worn out roofs (if three or more layers of shingles on leaking or worn<br />
out roof, all existing shingles must be removed before re-roofing).<br />
• Evidence of structural problems (such as foundation damage caused by<br />
excessive settlement).<br />
• Defective paint surfaces in homes constructed pre-1978.<br />
• Defective exterior paint surfaces in homes constructed post-1978 where the<br />
finish is otherwise unprotected.<br />
Inspections for the following items and/or conditions are no longer mandated<br />
in existing properties:<br />
• Wood Destroying Insect/Organisms: required if evidence of active infestation, if<br />
mandated by state or local jurisdiction, if customary to the area, or if a condition<br />
of the contract.<br />
• Well (individual water system): test or inspection required only if there is<br />
knowledge that well water may be contaminated, if mandated by state or local<br />
jurisdiction, when the water system relies on a purification system due to<br />
presence of contaminants, or when there is evidence of corrosion of<br />
pipes/plumbing, areas of intensive agricultural within ¼ mile, coal mining or gas<br />
drilling operations within ¼ mile, or dump, junkyard, landfill, factory gas station,<br />
or dry cleaning operation within ¼ mile; unusually objectionable taste, smell or<br />
appearance of the well water.<br />
• Septic: test or inspection required only if evidence of system failure, if mandated<br />
by state or local jurisdiction, if customary to the area, or at lender’s discretion<br />
• Roof: Flat or unobservable roof inspections not required.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Appraisal Requirements, Continued<br />
Repair and<br />
Inspection<br />
Requirements,<br />
(continued)<br />
Required Use<br />
of <strong>FHA</strong> Roster<br />
Inspector or<br />
Other<br />
Authorized<br />
Parties<br />
Conditions that DO require automatic inspections include the following items<br />
and/or conditions in existing properties:<br />
• Standing water against foundation and/or excessively damp basements<br />
• Hazardous materials on the site or within the improvements<br />
• Faulty or defective mechanical systems (electrical, plumbing, or heating)<br />
• Evidence of possible structural failure (i.e., settlement or bulging foundation<br />
wall).<br />
<strong>FHA</strong> requires the lender to select an inspector listed on the <strong>FHA</strong> Inspector Roster<br />
under the circumstances shown below. Lenders may access an <strong>FHA</strong> Inspector for<br />
their area through HUD’s website.<br />
New Construction<br />
• If the mortgagee elects not to have inspections performed by the local<br />
jurisdiction in accordance with Mortgagee Letter 01-27, or the local jurisdiction<br />
does not issue a Certificate of Occupancy (or its equivalent).<br />
• <strong>FHA</strong> requires inspections by a <strong>FHA</strong> Roster Inspector when the subject property<br />
is new construction or manufactured housing.<br />
• (Mortgagee Letter 2009-51 should rescind this)When a Mortgagee Certification<br />
is used to clear minor conditions, the Compliance Inspection Report (HUD-<br />
92051) must be used by the <strong>FHA</strong> Roster Compliance Inspector.<br />
• <strong>The</strong> <strong>FHA</strong> compliance inspector that performed the inspection must complete the<br />
Compliance Inspection Report (HUD-92051).<br />
• In addition to the signature of the inspector, the DE Underwriter would sign the<br />
form in Section III when and where appropriate.<br />
Existing Construction<br />
Other parties eligible to perform inspections are shown below.<br />
• A <strong>FHA</strong> Roster Inspector must conduct an inspection when structural or basic<br />
system repairs require architectural expertise, and complete a Compliance<br />
Inspection Report (HUD-92051).<br />
• Inspection reports that are conducted by the <strong>FHA</strong> appraiser are completed using<br />
the Appraisal Update and/or Completion Report (Fannie Mae Form<br />
1004D/Freddie Mac Form 442/March 2005) in accordance with Mortgagee Letter<br />
09-51.<br />
• <strong>The</strong> same appraiser, who placed a repair requirement not requiring architectural<br />
expertise, may determine satisfactory completion of the repair.<br />
• A licensed bonded and registered engineer, a licensed home inspector, or other<br />
professional trades person specifically registered or licensed may provide<br />
documentation to support that all deficiencies noted by the <strong>FHA</strong> appraiser has<br />
been acceptably corrected. <strong>The</strong>se professionals may use their company’s forms<br />
and letterhead to make the certification. <strong>The</strong> report must be reviewed by either<br />
the <strong>FHA</strong> or the DE underwriter, as appropriate.<br />
Continued on next page<br />
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Correspondent Seller Guide
Appraisal Requirements, Continued<br />
Reconsider-<br />
ation of<br />
Appraised<br />
Value<br />
• <strong>The</strong> decision for a reconsideration of value must be made by the HUD staff<br />
review appraiser or the DE underwriter.<br />
• Before a request for reconsideration of value is accepted, the DE underwriter<br />
must review the appraisal report and evidence to support a higher value. Three<br />
(3) new comparables (no more than six [6] months old) must be submitted before<br />
sending the request back to the appraiser.<br />
• A request for reconsideration of value can be submitted after receipt of the<br />
official Conditional Commitment/Statement of Appraised Value. Original<br />
photographs of each comparable must accompany submission to the DE<br />
underwriter used to support the higher value.<br />
• If the new comparables are not similar or acceptable to support the increase, the<br />
reviewer will reject the request for reconsideration. If the reviewer does not<br />
reject the request but the appraiser performs a review on the new comparables<br />
and finds that incorrect information was provided on size, design, sales price,<br />
location or closing date, the appraiser is entitled to one half of the original fee. In<br />
such cases, the appraiser must comment on the reason for rejecting each<br />
comparable.<br />
• If the DE underwriter agrees that the reconsideration is valid, it is sent to the<br />
appraiser. <strong>The</strong> appraiser will process the reconsideration and send the<br />
completed appraisal report to the underwriter for review. <strong>The</strong> underwriter must<br />
review the appraisal report and issue the statement of appraised value to the<br />
borrower.<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Prohibition of Property Flipping<br />
General Property flipping is a practice whereby a recently acquired property is resold for a<br />
considerable profit with an artificially inflated value. In an effort to preclude<br />
homebuyers using <strong>FHA</strong> financing from becoming victims of predatory property<br />
flipping activity, HUD has implemented a revised property flipping policy.<br />
Overview of<br />
<strong>FHA</strong>’s Property<br />
Flipping Policy<br />
Sale by the<br />
Owner of<br />
Record<br />
<strong>FHA</strong> requires that:<br />
• only owners of record may sell properties that will be financed using <strong>FHA</strong>insured<br />
mortgages,<br />
• any re-sale of a property may not occur 90 or fewer days from the last sale to be<br />
eligible for <strong>FHA</strong> financing, and<br />
• re-sales that occur between 91 and 180 days, where the new sales price<br />
exceeds the previous sales price by one hundred percent (100%) or more, <strong>FHA</strong><br />
will require additional documentation validating the property’s value.<br />
Note: HUD considers the re-sale date as, the date of execution of a sales<br />
contract by a buyer that will result in a mortgage to be insured by <strong>FHA</strong>.<br />
To be eligible for a mortgage insured by <strong>FHA</strong>, the property must be purchased from<br />
the owner of record and the transaction may not involve any sale or assignment of<br />
the sales contract. This requirement applies to all <strong>FHA</strong> purchase money mortgages<br />
regardless of the time between re-sales.<br />
<strong>The</strong> Correspondent Lender must obtain documentation verifying that the seller is the<br />
owner of record and submit this to HUD as part of the insurance endorsement<br />
binder; it is to be placed behind the appraisal on the left side of the case binder. This<br />
documentation may include, but is not limited to:<br />
• a property sales history report,<br />
• a copy of the recorded deed from the seller, or<br />
• other documentation such as a copy of a property tax bill, title commitment or<br />
binder, demonstrating the seller’s ownership of the property and the date it was<br />
acquired.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Prohibition of Property Flipping, Continued<br />
Exceptions to<br />
the 90-Day<br />
Restriction<br />
If the owner of record sells a property within 90 days after the date of acquisition,<br />
that property is not eligible security for a mortgage insured by <strong>FHA</strong> unless the loan<br />
file is documented that the transaction falls within one of the exceptions to the time<br />
restrictions on re-sales listed below:<br />
• Sales by HUD of it’s own Real Estate Owned (REO) properties.<br />
• Sales by other United States Government agencies of single family properties<br />
pursuant to programs operated by these agencies.<br />
• Sales of properties by non-profits approved to purchase HUD-owned singlefamily<br />
properties at a discount with resale restrictions.<br />
• Sales of properties that are acquired by the sellers by inheritance.<br />
• Sales of properties purchased by employers or relocation agencies in connection<br />
with relocations of employees.<br />
• Sales of properties by state and federally charted financial institutions and<br />
Government Sponsored Enterprises.<br />
Note: Most state and federally chartered financial institutions are going to be<br />
banks, savings and loans, or credit unions.<br />
• Sales of foreclosed properties by state licensed mortgage lenders.<br />
• Any entity that sells foreclosed properties on behalf of an exempt lender or<br />
financial institution.<br />
• Sales of properties by local and state government agencies.<br />
• Sales of a previously foreclosed or abandoned property acquired, rehabilitated<br />
and resold by an entity using funds from and performing under agreements with<br />
state and local government agencies under a Neighborhood Stabilization<br />
<strong>Program</strong> (NSP).<br />
Notes:<br />
• Properties that were HUD REOs and then rehabilitated and resold are not<br />
eligible under this exemption.<br />
• NSP fund providers must have established a written agreement or similar<br />
document authorizing certain entities (for-profit and/or non-profit companies)<br />
as a representative purchaser and rehabilitator of foreclosed and abandoned<br />
properties.<br />
• Documentation proving a seller is exempt from any of the property flipping<br />
guidelines is required in the endorsement file prior to approving the loan<br />
transaction.<br />
• Upon <strong>FHA</strong>’s announcement of eligibility in a notice, i.e. Mortgagee Letter (ML),<br />
sales of properties located in areas designated by the President as federal<br />
disaster areas, will be exempt from the restrictions of the property-flipping rule.<br />
<strong>The</strong> notice will specify how long the exception will be in effect and the specific<br />
disaster area affected.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Prohibition of Property Flipping, Continued<br />
Exceptions to<br />
the 90-Day<br />
Restriction,<br />
(continued)<br />
Re-sales<br />
Occurring<br />
Between 91 and<br />
180 Days<br />
Following<br />
Acquisition<br />
• <strong>The</strong> exemption does not provide an exception to additional appraisal<br />
requirements when the re-sale price is 100% or more over the price paid by the<br />
seller when the property was acquired in the last 180 days.<br />
• Re-sales that occur under this exemption within 90 days of last acquisition with a<br />
sales price increase of 100% or more require a second appraisal.<br />
• If the re-sale date is between 91 and 180 days following acquisition by the seller,<br />
the lender is required to obtain a second appraisal made by another appraiser IF<br />
the re-sale price is one hundred percent (100%) or more over the price paid by<br />
the seller when the property was acquired.<br />
Example: If a property is re-sold for $80,000 within six (6) months of the<br />
seller’s acquisition of that property for $40,000, the Branch must obtain a<br />
second independent appraisal supporting the $80,000 sales price.<br />
• <strong>The</strong> lender may also provide documentation showing the costs and extent of<br />
rehabilitation that went into the property resulting in the increased value, but<br />
must still obtain the second appraisal.<br />
• <strong>The</strong> cost of the second appraisal may not be charged to the homebuyer;<br />
however may be paid by the seller.<br />
• <strong>FHA</strong> also reserves the right to revise the re-sale percentage level at which this<br />
second appraisal is required, by publishing a notice in the Federal Register.<br />
• Requirements for the appraisals are listed below.<br />
• A conventional appraisal is not acceptable.<br />
• Both appraisals must be <strong>FHA</strong> appraisals prepared by independent<br />
appraisers.<br />
• Both appraisers must be on HUD’s roster list of Approved Appraisers and be<br />
state certified with an unexpired license.<br />
• Repairs on BOTH appraisals must be resolved.<br />
• If there is a difference in value of more than 5% between the two (2)<br />
appraisals, the appraisal with the lowest value must be used.<br />
• <strong>The</strong> Conditional Commitment is issued based on the appraisal used by<br />
underwriting.<br />
• Designate the review appraisal by stamping it “REVIEW APPRAISAL.”<br />
• Both appraisals must be entered into the <strong>FHA</strong> Connection in the fields<br />
allocated as “First Appraisal” and “Second Appraisal.” Once the first<br />
appraisal information is entered, the field for the second appraisal<br />
information will appear.<br />
• USPAP requirements must be met on both appraisals. This rule requires<br />
appraisers to analyze any prior sales of the subject property and<br />
comparables that occurred within specific time periods.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Prohibition of Property Flipping, Continued<br />
Re-Sales<br />
Occurring<br />
Between 91<br />
Days and 12<br />
Months<br />
Following<br />
Acquisition<br />
New Property<br />
Flipping<br />
Amendment<br />
Inapplicable to<br />
New<br />
Construction<br />
Date of<br />
Property<br />
Acquisition<br />
Determined by<br />
the Appraiser<br />
• If the re-sale date is more than 90 days after the date of acquisition by the seller<br />
but before the end of the twelfth (12th) month following the date of the<br />
acquisition, <strong>FHA</strong> reserves the right to require additional documentation from the<br />
lender to support the re-sale value if the re-sale price is five percent (5.00%) or<br />
greater than the lowest sales price of the property during the preceding twelve<br />
(12) months.<br />
• At <strong>FHA</strong>’s discretion, such documentation may included, but is not limited to, an<br />
appraisal from another appraiser.<br />
Note: Please see the appraisal requirements previously mentioned in this<br />
section for guidance.<br />
• <strong>FHA</strong> will announce its determination to require the additional appraisal and other<br />
value documentation, such as an Automated Valuation Method (AVM), through a<br />
Federal Register issuance. This requirement may be established either<br />
nationwide or on a regional basis, at <strong>FHA</strong>’s discretion.<br />
<strong>The</strong> restrictions in the new amendment are not applicable to a builder selling a newly<br />
built home or building a home for a homebuyer wishing to use <strong>FHA</strong>-insured<br />
financing.<br />
• <strong>The</strong> Correspondent Lender may rely on information provided by the appraiser in<br />
compliance with the updated Standard Rule 1-5 of the Uniform Standards of<br />
Professional Appraisal Practice (USPAP). This rule requires appraisers to<br />
analyze any prior sales of the subject property that occurred within specific time<br />
periods, now set for the previous three (3) years for one-to-four family residential<br />
properties.<br />
• As a result, the information contained on the Uniform Residential Appraisal<br />
Report or other applicable appraisal report form describing the Date, Price and<br />
Data for Prior Sales is to include all transactions for the subject property within<br />
three (3) years of the date of the appraisal and the comparable sales within<br />
twelve (12) months of the date of the comparable sale.<br />
• Appraisers are responsible for considering and analyzing any prior sales of the<br />
property being appraised within three (3) years of the date of the appraisal and<br />
the comparables that are utilized within twelve (12) months of the date of the<br />
comparable sale.<br />
• If the most recent sale of the property occurred at least one year previously, no<br />
additional documentation is required.<br />
• <strong>The</strong> Correspondent Lender remains accountable for verifying that the seller is<br />
the owner of record and may rely on information developed by the appraiser for<br />
this purpose if provided.<br />
• Any conflicts in information must be resolved and the file must be document.<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Automated Underwriting Systems (AUS)<br />
<strong>FHA</strong> TOTAL<br />
Scorecard<br />
• All loans with the exception of Streamline Refinance transactions must be run<br />
through TOTAL Scorecard.<br />
Note: Streamline refinances must not be submitted through TOTAL Scorecard.<br />
If a streamline refinance is submitted through an AUS system MUST be<br />
underwritten, processed, and closed as a no cash-out (rate/term) refinance and<br />
follow all AUS documentation recommendations in the findings.<br />
Exception: If a streamline refinance is inadvertently submitted through TOTAL<br />
Scorecard, the loan must be traditionally underwritten, and the DE underwriter<br />
remains responsible for insuring all HUD and SunTrust Mortgage Credit<br />
streamline refinance guidelines are met (i.e., mortgage payment history,<br />
seasoning, etc.). Underwriters must also use their CHUMS ID for page three of<br />
the HUD/VA Addendum to Uniform Residential <strong>Loan</strong> Application (HUD 92900-A),<br />
<strong>FHA</strong> Connection, and the <strong>FHA</strong> <strong>Loan</strong> Underwriting and Transmittal Summary<br />
(HUD 92900-LT) for streamline refinances.<br />
• Submitting a loan using TOTAL Scorecard allows the lender to receive the<br />
benefits of documentation reduction and credit policy revisions.<br />
• Evidence of the TOTAL Scorecard evaluation MUST be in every loan file.<br />
• Only D.E. Mortgagees with an AUS or Fannie DU or Freddie LP can directly<br />
interface with the TOTAL Scorecard.<br />
• TOTAL only provides an “Accept” or “Refer” and the reasons for the Refer,<br />
including which rules were triggered. <strong>The</strong> AUS vendor provides the feedback<br />
messages.<br />
• <strong>The</strong> Scorecard eliminates the possibility of different responses for a loan that is<br />
run through DU, and then subsequently run through LP.<br />
Note: TOTAL stands for “Technology Open To Approved Lenders.”<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Automated Underwriting Systems (AUS), Continued<br />
Data Input<br />
Instructions to<br />
Access TOTAL<br />
Scorecard in<br />
Desktop<br />
Originator/Desk<br />
top Underwriter<br />
(DO/DU)<br />
<strong>The</strong> tables below show the data input instructions to access the <strong>FHA</strong> TOTAL<br />
Scorecard in Desktop Originator/Desktop Underwriter (DO/DU).<br />
Notes:<br />
• <strong>The</strong> <strong>FHA</strong> CASE NUMBER must be a valid <strong>FHA</strong> Case Number.<br />
• If the case number is left blank on the INITIAL submission to TOTAL Scorecard<br />
for a “pre-qualification” loan, then the <strong>FHA</strong> Case Number MUST BE ENTERED<br />
WITH THE FINAL SUBMISSION of data prior to loan closing.<br />
• Failure to enter the case number in TOTAL may result in the case binder being<br />
returned by <strong>FHA</strong> with a request for manual underwriting.<br />
• Unless the loan is scored at least once with the <strong>FHA</strong> Case Number, <strong>FHA</strong> will not<br />
recognize the risk assessment provided by TOTAL nor can the data fields in<br />
CHUMS be pre-filled with information necessary for endorsement processing.<br />
• When the data fields are not entered into CHUMS, <strong>FHA</strong> re-scores the mortgage<br />
if the new entries indicate degradation in loan quality from those same fields<br />
populated into TOTAL. This re-scoring may result in a downgrade of the risk<br />
assessment from an “Approve” to a “Refer” and the file will be returned for<br />
manual underwriting.<br />
Reference: See the <strong>FHA</strong> Case Number Assignment and Cancellation subtopic in the<br />
Overview topic for additional information.<br />
DO/DU Direct Users<br />
Agency Case Number Government Screen: identify in the Agency Case<br />
Number field.<br />
<strong>FHA</strong> Lender ID • Government Screen: identify in the <strong>FHA</strong> Lender<br />
ID field.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Automated Underwriting Systems (AUS), Continued<br />
TOTAL<br />
Scorecard<br />
Resubmission<br />
Requirements<br />
Data Input<br />
Instructions to<br />
Access TOTAL<br />
Scorecard in<br />
<strong>Loan</strong><br />
Prospector (LP)<br />
• <strong>The</strong> lender is responsible for the integrity of the data used to obtain the risk<br />
assessment and for resubmitting the loan when material changes are discovered<br />
or otherwise occur during loan processing.<br />
• No AUS tolerances will be acceptable to SunTrust.<br />
• SunTrust requires 100% AUS data integrity prior to loan purchase.<br />
Note: For HMDA and Regulatory Compliance purposes, the income used in<br />
making the underwriting decision must be consistent throughout the file. (i.e.,<br />
AUS findings, <strong>FHA</strong> <strong>Loan</strong> Underwriting Transmittal Summary (HUD-92900-LT)<br />
and MLCS must all reflect the same income.)<br />
<strong>The</strong> tables below show the data input instructions to access the <strong>FHA</strong> TOTAL<br />
Scorecard in <strong>Loan</strong> Prospector (LP).<br />
Notes:<br />
• <strong>The</strong> <strong>FHA</strong> Case Number must be a valid <strong>FHA</strong> Case Number<br />
• If the case number is left blank on the INITIAL submission to TOTAL Scorecard<br />
for a “pre-qualification” loan, then the <strong>FHA</strong> Case Number MUST BE ENTERED<br />
WITH THE FINAL SUBMISSION of data prior to loan closing.<br />
• Failure to enter the case number in TOTAL may result in the case binder being<br />
returned by <strong>FHA</strong> with a request for manual underwriting.<br />
• Unless the loan is scored at least once with the <strong>FHA</strong> Case Number, <strong>FHA</strong> will not<br />
recognize the risk assessment provided by TOTAL nor can the data fields in<br />
CHUMS be pre-filled with information necessary for endorsement processing.<br />
• When the data fields are not entered into CHUMS, <strong>FHA</strong> re-scores the mortgage<br />
if the new entries indicate degradation in loan quality from those same fields<br />
populated into TOTAL. This re-scoring may result in a downgrade of the risk<br />
assessment from an “Approve” to a “Refer” and the file will be returned for<br />
manual underwriting.<br />
• <strong>The</strong> <strong>FHA</strong> Ease-In Payment Reduction Feature is NOT eligible for LP submission.<br />
LP will not give an accurate recommendation for this product type.<br />
Reference: See the <strong>FHA</strong> Case Number Assignment and Cancellation subtopic in the<br />
Overview topic for additional information.<br />
<strong>Loan</strong>Prospector.com Direct Users<br />
Agency Case Number <strong>FHA</strong> Screen: identify in the <strong>FHA</strong> Case Number field.<br />
<strong>FHA</strong> Lender ID • User Profile Screen: identify in the <strong>FHA</strong> Lender<br />
ID field. <strong>The</strong> entry in the User Profile Screen will<br />
become the default entry in the <strong>FHA</strong> Lender ID<br />
field on the <strong>FHA</strong> Screen.<br />
•<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 184 of 217<br />
Correspondent Seller Guide
Automated Underwriting Systems (AUS), Continued<br />
AUS<br />
Recommendations<br />
and<br />
Resubmissions<br />
TOTAL Scorecard/DO/DU Recommendations<br />
<strong>The</strong> following table provides descriptions to TOTAL Scorecard DO/DU<br />
recommendations.<br />
Note: HUD requires only the final AUS findings report in the file, whether it is<br />
an “Approval” or a “Refer”.<br />
Recommendation Description<br />
Approve/Eligible • If there is erroneous data in the credit report or contradictory or derogatory<br />
information in the loan file that would justify additional investigation or<br />
provide grounds for a decision different from the TOTAL Scorecard/DO/DU<br />
recommendation, the underwriter is required to take appropriate action.<br />
• <strong>The</strong> loan is eligible for <strong>FHA</strong> mortgage insurance with reduced documentation<br />
and credit requirements.<br />
Approve/Ineligible • <strong>The</strong> lender must determine that the reason for the ineligibility is one that can<br />
be resolved in compliance with <strong>FHA</strong> Underwriting, and must document the<br />
circumstances in the underwriter comments section of the <strong>FHA</strong> <strong>Loan</strong><br />
Underwriting Transmittal Summary (HUD-92900-LT). An <strong>FHA</strong> Direct<br />
Endorsement Underwriter signature is not required on the <strong>FHA</strong> <strong>Loan</strong><br />
Underwriting Transmittal Summary (HUD-92900-LT), unless the loan is<br />
downgraded to Refer in accordance with <strong>FHA</strong> Guidelines. <strong>The</strong> Z<strong>FHA</strong> should<br />
be entered as the CHUMS ID on <strong>FHA</strong> <strong>Loan</strong> Underwriting Transmittal<br />
Summary (HUD-92900-LT), except on streamline refinances.<br />
• If the ineligibility can be “cured” within TOTAL Scorecard/DU, the loan data<br />
must be corrected as appropriate and the loan must be resubmitted to<br />
TOTAL Scorecard/DU.<br />
• If the ineligibility cannot be overcome (within TOTAL Scorecard/DU or<br />
outside of TOTAL Scorecard/DU), the loan is not eligible for <strong>FHA</strong> mortgage<br />
insurance.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 185 of 217<br />
Correspondent Seller Guide
Automated Underwriting Systems (AUS), Continued<br />
AUS Recommendations and Resubmissions, continued<br />
Recommendation Description<br />
Refer/Eligible • “Refer/Eligible” loans are underwritten to non-AUS underwriting guidelines.<br />
Although a DE underwriter must underwrite the loan, reduced documentation<br />
may be used if allowed by the findings report and the DE underwriter.<br />
Refer/Ineligible • <strong>The</strong> reason for the ineligibility must be determined.<br />
• If the ineligibility can be “cured,” the loan data must be corrected as<br />
appropriate and the loan must be resubmitted to TOTAL Scorecard/DO/DU.<br />
• If the ineligibility cannot be overcome, the loan is not eligible for <strong>FHA</strong><br />
mortgage insurance.<br />
• If the ineligibility is “cured,” see “Refer/Eligible” above.<br />
LP<br />
Recommendations<br />
<strong>The</strong> following table provides descriptions of LP recommendations.<br />
Recommendation Description<br />
Accept • If there is erroneous data in the credit report or contradictory or derogatory<br />
information in the loan file that would justify additional investigation or would<br />
provide grounds for a decision different from the LP recommendation, the<br />
underwriter is required to take appropriate action.<br />
• <strong>The</strong> loan is eligible for <strong>FHA</strong> mortgage insurance with reduced documentation<br />
and credit requirements.<br />
Refer • “Refer” loans are underwritten to non-AUS underwriting guidelines.<br />
Note: Reduced documentation may be used if allowed by the findings report<br />
and approved by the DE Underwriter.<br />
• System overrides are required when a loan application variable is revealed<br />
during loan processing. <strong>The</strong>se variables must be reviewed by a D.E.<br />
Underwriter and a decision rendered. <strong>The</strong> variables listed below may trigger<br />
a system override (refer).<br />
• Front-end ratio is too high<br />
• Back-end ratio is too high<br />
• Bankruptcy occurred within last two years<br />
• Foreclosure occurred within last three years<br />
• A total of 90 days late mortgage payments in last year<br />
Note: <strong>The</strong> 90 days late could mean one mortgage payment that was 90<br />
days late, three payments that were each 30 days late, or a payment that<br />
was 60 days late and another payment that was 30 days late.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 186 of 217<br />
Correspondent Seller Guide
Automated Underwriting Systems (AUS), Continued<br />
AUS<br />
Resubmissions<br />
and Forms<br />
<strong>The</strong> following table provides instruction on AUS resubmissions and forms.<br />
Subject<br />
General • <strong>Loan</strong>s may be resubmitted to TOTAL Scorecard as needed before the loan is<br />
endorsed.<br />
• Generally, if the information about the loan changes after the loan has been<br />
submitted to TOTAL Scorecard, the loan should be resubmitted. This practice<br />
ensures that the data submitted to TOTAL Scorecard, and then to CHUMS, is of<br />
the best quality possible.<br />
General<br />
Tolerances<br />
Note: Once the loan is endorsed, the loan may not be resubmitted to AUS for any<br />
reason.<br />
• <strong>FHA</strong> provides a degree of tolerance for minor material data changes to TOTAL<br />
Scorecard.<br />
When assessing ... <strong>The</strong>re is no need to resubmit the loan to <strong>FHA</strong> TOTAL<br />
Scorecard if the...<br />
cash reserves cash reserves verified are not more than 10% less than<br />
what the borrower reported on the loan application.<br />
income verified income is not more than 5% less than what the<br />
borrower reported on the loan application.<br />
tax and insurance<br />
escrows<br />
tax and insurance escrows used at scoring do not result<br />
in more than a 2% point increase in the payment and<br />
debt-to-income ratios.<br />
• <strong>The</strong> terms and conditions of the closed loan and underwriting information in the<br />
loan file must match the data on which the TOTAL Scorecard risk classification<br />
is based, and other conditions specified in the government section of the AUS<br />
verification messages were based.<br />
• <strong>The</strong> loan is eligible for <strong>FHA</strong>’s insurance endorsement if:<br />
• <strong>The</strong> AUS rated the mortgage loan application as an “Accept” or “Approve”.<br />
• <strong>The</strong> data entered into the AUS are true, complete, and accurate.<br />
• <strong>The</strong> entire loan package meets all other <strong>FHA</strong> requirements.<br />
<strong>The</strong> AUS Feedback/Findings Report is included in the Case Binder.<br />
Note: <strong>The</strong> revised tolerance guidelines for Agency, Agency Plus and DU Refi<br />
Plus TM loan transactions DO NOT APPLY to LP processed <strong>FHA</strong> transactions.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 187 of 217<br />
Correspondent Seller Guide
Automated Underwriting Systems (AUS), Continued<br />
AUS<br />
Resubmissions<br />
and Forms,<br />
(continued)<br />
Subject<br />
Post Close<br />
Resubmission<br />
Tolerance<br />
Income used for the loan decision is the income that is HMDA reportable.<br />
<strong>The</strong> following table provides instruction on AUS resubmissions and forms.<br />
• <strong>The</strong> DE Underwriter is responsible for ensuring the integrity and accuracy of the<br />
data used to render a decision.<br />
• <strong>The</strong> Correspondent lender must include a loan in the package to explain the<br />
reason for the resubmission after closing.<br />
• Provided the resubmission is done prior to endorsement, resubmitting a loan to<br />
AUS after closing is acceptable.<br />
• If a loan is resubmitted after the loan has closed or is purchased, the AUS<br />
recommendation should be the same as the AUS recommendation prior to<br />
closing.<br />
• <strong>The</strong> loan must be resubmitted to the Correspondent lender’s DE<br />
Underwriter for final sign-off.<br />
• If the AUS recommendation changes upon resubmission, the loan must be<br />
traditionally underwritten and must meet traditional underwriting guidelines<br />
to be eligible for insuring.<br />
Fannie Mae DO/DU <strong>Loan</strong>s Freddie Mac LP <strong>Loan</strong>s<br />
AUS Reports • <strong>The</strong> TOTAL Scorecard/DO/DU<br />
decision is not valid without the<br />
DO/DU Findings Report AND the<br />
DO/DU Underwriting Analysis form.<br />
• <strong>The</strong> most current DO/ DU Findings<br />
Report and DO/DU Underwriting<br />
Analysis form must be in the<br />
lender’s origination binder and must<br />
reflect loan terms as approved and<br />
closed. This includes loan files<br />
where the recommendation was<br />
“Approve/Ineligible” or “Refer” and<br />
loan files where the loan had to be<br />
traditionally underwritten.<br />
• <strong>The</strong> DO/DU Findings Report and<br />
Underwriting Analysis form must<br />
also be submitted in the lender’s<br />
<strong>FHA</strong> case binder and should be<br />
placed at the top of the right side of<br />
the binder.<br />
• <strong>The</strong> LP decision is not valid without<br />
the LP Feedback Certificate.<br />
• <strong>The</strong> most current LP Feedback<br />
Certificate and <strong>Loan</strong> Summary<br />
Report must be in the lender’s<br />
origination binder and must reflect<br />
loan terms as approved and closed.<br />
This includes loan files where the<br />
recommendation was “Refer” and<br />
loan files where the loan had to be<br />
traditionally underwritten.<br />
• <strong>The</strong> LP Feedback Certificate and<br />
<strong>Loan</strong> Summary Report must also be<br />
submitted in the lender’s <strong>FHA</strong> case<br />
binder and should be placed at the<br />
top of the right side of the binder.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 188 of 217<br />
Correspondent Seller Guide
Automated Underwriting Systems (AUS), Continued<br />
Underwriting<br />
Issues<br />
• Regardless of the risk assessment provided, the lender remains accountable for<br />
compliance with all <strong>FHA</strong> guidelines.<br />
• Some examples of lender accountability items provided by <strong>FHA</strong> are listed below.<br />
• If the loan is a buydown, the lender needs to ensure the borrower is<br />
qualifying on the note rate.<br />
• Taxes are based on improved property on new construction cases.<br />
• If the loan is a cash-out refinance, ensure the borrower meets the eligibility<br />
requirements.<br />
• Data integrity must be verified.<br />
• Information in TOTAL must match the information in <strong>FHA</strong> Connection.<br />
Note: HUD will run a comparison. If results are a mismatch, HUD will<br />
downgrade the assessment and return the file to the lender.<br />
• Ensure <strong>FHA</strong> <strong>Loan</strong> Underwriting Transmittal Summary (HUD-92900-LT) indicates<br />
Z<strong>FHA</strong> as CHUMS ID if loan was approved through the TOTAL scorecard, except<br />
on streamline refinances.<br />
• Sign HUD Form 92900-A page 3 and use Z<strong>FHA</strong> as CHUMS ID if the loan was<br />
approved through the TOTAL Scorecard, except on streamline refinances.<br />
• Check for potential manual downgrades.<br />
Note: A manual downgrade is similar to a system override in that they both<br />
require review and decision by an underwriter; however, the manual downgrade<br />
is used when either Federal eligibility issues or credit issues are discovered.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 189 of 217<br />
Correspondent Seller Guide
Automated Underwriting Systems (AUS), Continued<br />
Underwriting<br />
Issues,<br />
(continued)<br />
<strong>The</strong> following tables provide information on issues requiring manual downgrades.<br />
Manual Downgrades<br />
Issue Requirements<br />
No credit scores • All borrowers must meet the minimum credit score requirements<br />
for SunTrust.<br />
• If a borrower does not have traditional credit references with<br />
which to generate a credit score, the borrower is considered<br />
Federal Eligibility includes<br />
the following:<br />
• Delinquent Federal Debt<br />
• CAIVRS<br />
• LDP/GSA<br />
Bankruptcy<br />
• Chapter 7, and<br />
• Chapter 13.<br />
Previous mortgage<br />
foreclosure<br />
“unscoreable,” and is not eligible for financing with SunTrust.<br />
• <strong>The</strong> individual must be in good standing with any federally<br />
related obligation.<br />
• Borrowers who are delinquent on any Federal Debt are not<br />
eligible for an <strong>FHA</strong> insured mortgage.<br />
• If CAIVRS indicates a Federal delinquency, default, claim<br />
payment or lien, the borrower is not eligible for additional<br />
federally related credit.<br />
• A borrower who is suspended, debarred or otherwise excluded<br />
from participation in the Department’s program is not eligible for<br />
a <strong>FHA</strong> insured mortgage.<br />
• A borrower who is suspended, debarred or otherwise excluded<br />
from participation in the Department’s program is not eligible for<br />
a <strong>FHA</strong> insured mortgage.<br />
• To be eligible for AUS processing, the Bankruptcy must have<br />
been discharged for a minimum of 2 years.<br />
• Bankruptcies that were discharged within 2 years of the loan<br />
application must be manually underwritten.<br />
• If a Chapter 7 Bankruptcy is discharged less than 1 year, the<br />
borrower is not eligible for <strong>FHA</strong>.<br />
• Borrowers whose previous residence or any real property was<br />
foreclosed within a 3-year period are not eligible for an insured<br />
mortgage.<br />
Reference: See “Bankruptcy” in the topic “TCredit<br />
Requirements” for exceptions and additional underwriting<br />
guidelines.<br />
Late Mortgage Payments Traditional underwriting is required, if the credit report used by Total<br />
Scorecard did not accurately reflect the mortgage payment history.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 190 of 217<br />
Correspondent Seller Guide
Automated Underwriting Systems (AUS), Continued<br />
Underwriting Issues, (continued)<br />
Subject Fannie Mae DO/DU <strong>Loan</strong>s Freddie Mac LP <strong>Loan</strong>s<br />
Appraisal<br />
Review and<br />
Approval<br />
Approval<br />
Authority<br />
• All <strong>FHA</strong> appraisals must be reviewed<br />
and approved by an approved <strong>FHA</strong><br />
DE underwriter, regardless of the<br />
DO/DU recommendation.<br />
• AUS specialists and <strong>Loan</strong> Officers do<br />
not have authority to review and<br />
approve appraisals on <strong>FHA</strong> loans.<br />
• <strong>FHA</strong> loans must be approved by an<br />
<strong>FHA</strong> DE underwriter regardless of the<br />
DO/DU recommendation.<br />
CHUMS ID • For TOTAL Scorecard, if<br />
“Accept/Approve” Z<strong>FHA</strong> should be<br />
entered on the <strong>FHA</strong> <strong>Loan</strong><br />
Underwriting Transmittal Summary<br />
(HUD-92900-LT) as the CHUMS ID,<br />
except on streamline refinances.<br />
• If “Refer,” the CHUMS ID of the <strong>FHA</strong><br />
DE underwriter should be entered on<br />
the <strong>FHA</strong> <strong>Loan</strong> Underwriting<br />
Transmittal Summary (HUD-92900-<br />
LT) as the CHUMS ID.<br />
• If “Approve/Ineligible,” see the AUS<br />
Recommendations and<br />
Resubmissions subtopic previously<br />
presented for additional information.<br />
For Mortgages Receiving an “Accept/Eligible”<br />
• <strong>The</strong> DE underwriter is not required to personally<br />
review the credit and/or qualifying ratios.<br />
• <strong>The</strong> DE underwriter is not required to certify that<br />
the borrower’s credit and capacity meets <strong>FHA</strong>’s<br />
standard requirements.<br />
• Note: <strong>The</strong> DE Underwriter is responsible for<br />
ensuring the integrity and accuracy of the data<br />
used to render a decision.<br />
• <strong>The</strong> DE underwriter must underwrite the appraisal<br />
according to standard <strong>FHA</strong> requirements.<br />
• <strong>The</strong> TOTAL Mortgage Scorecard CHUMS number<br />
(Z<strong>FHA</strong>) is to be recorded on forms HUD-92900-A<br />
page 3 and the <strong>FHA</strong> <strong>Loan</strong> Underwriting Transmittal<br />
Summary (HUD-92900-LT).<br />
Note: Capacity is the ability to repay the loan at the<br />
approved ratios.<br />
• All <strong>FHA</strong> appraisals must be reviewed<br />
and approved by an approved <strong>FHA</strong><br />
DE underwriter, regardless of the LP<br />
recommendation.<br />
• AUS specialists and <strong>Loan</strong> Officers do<br />
not have authority to review and<br />
approve appraisals on <strong>FHA</strong> loans.<br />
• <strong>FHA</strong> loans must be approved by an<br />
<strong>FHA</strong> DE underwriter regardless of the<br />
LP recommendation.<br />
• For TOTAL Scorecard, if<br />
“Accept/Approve” Z<strong>FHA</strong> should be<br />
entered on the <strong>FHA</strong> <strong>Loan</strong><br />
Underwriting Transmittal Summary<br />
•<br />
(HUD-92900-LT) as the CHUMS ID.<br />
If “Refer,” the CHUMS ID of the <strong>FHA</strong><br />
DE underwriter should be entered on<br />
the <strong>FHA</strong> <strong>Loan</strong> Underwriting<br />
Transmittal Summary (HUD-92900-<br />
LT) as the CHUMS ID.<br />
For Mortgages Receiving a “Refer/Eligible”<br />
• <strong>The</strong> DE underwriter is required to<br />
underwrite both credit and capacity<br />
according to standard <strong>FHA</strong> guidelines.<br />
• Reduced documentation may be used if<br />
allowed by the findings report and<br />
approved by the DE Underwriter.<br />
• <strong>The</strong> DE underwriter is required to certify<br />
that the borrower’s credit and capacity<br />
meet standard <strong>FHA</strong> requirements.<br />
• <strong>The</strong> DE underwriter must underwrite the<br />
appraisal according to standard <strong>FHA</strong><br />
requirements.<br />
• <strong>The</strong> CHUMS ID number of the DE<br />
underwriter is to be recorded on forms HUD-<br />
92900-A page 3 and the <strong>FHA</strong> <strong>Loan</strong><br />
Underwriting Transmittal Summary (HUD-<br />
92900-LT).<br />
Section 2.22<br />
Continued on next page<br />
July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong><br />
Correspondent Seller Guide<br />
Page 191 of 217
Automated Underwriting Systems (AUS), Continued<br />
Submission to<br />
Freddie Mac<br />
<strong>Loan</strong><br />
Prospector<br />
(direct)<br />
<strong>The</strong> following table provides screen input instruction for the submission to Freddie<br />
Mac <strong>Loan</strong> Prospector (direct).<br />
Note: <strong>The</strong> <strong>FHA</strong> Ease-In Payment Reduction Feature is NOT eligible in LP. LP will<br />
not provide an accurate recommendation for this product type.<br />
Screens Data Entry<br />
<strong>Loan</strong> Type and • Enter <strong>FHA</strong> in the Mortgage Type field.<br />
<strong>Loan</strong> Term • Enter the total loan amount in the Base <strong>Loan</strong> Amount field (excluding UFMIP)<br />
Property • If property is a Condo or PUD, LP will not issue any specific messages.<br />
Information Standard <strong>FHA</strong> guidelines apply.<br />
• Enter the Estimated Value of Property, which is the borrower’s stated value of<br />
the property.<br />
Purpose of<br />
<strong>Loan</strong><br />
• Enter Purpose of <strong>Loan</strong> as either “Purchase” or “Refinance”.<br />
Borrower • Enter a full 2-year residency history for each borrower for submission to LP.<br />
Information • If there is a non-occupant co-borrower, the non-occupant’s monthly housing debt<br />
will be included in the total monthly debt ratio.<br />
• Marital Status must be completed.<br />
Employment • A full 2-year employment history for each borrower is required on the 1003<br />
Information signed by the borrower (click on button “Add Borrower Employment Details”).<br />
Assets and • Enter a gift in the field “Total Gift Fund” in the asset section, whether the gift has<br />
Reserves<br />
been received and deposited by the borrower.<br />
• Reserves must be manually calculated and enter in the field “Reserves”.<br />
Liabilities and • Total monthly debt must be manually calculated and enter in field “Total Monthly<br />
Real Estate<br />
Debt”.<br />
Owned<br />
• If there is a non-occupant co-borrower, enter the non-occupant’s NON-<br />
HOUSING debt in the field “Non-occupant Borrower Non-housing Debt”.<br />
• Click on button “Liability and REO Breakdown” to enter individual debts. Debts<br />
to be excluded should be marked “Y” to Excluded?<br />
• Debts marked to be paid WILL NOT reflect in the LP Feedback, but will be<br />
excluded from the total monthly debt ratio.<br />
• If an Installment liability has less than 10 remaining payments, LP will not count<br />
it in the borrower’s total monthly debt ratio.<br />
• All Revolving liabilities will count in the borrower’s ratios, regardless of how<br />
many months are left.<br />
• If a community property state and there is a non-purchasing spouse, individual<br />
credit reports must be ordered (order non-purchasing spouse’s OUTSIDE of LP).<br />
If monthly debts must be added to the 1003, manually add as a lump sum to the<br />
field Total Monthly Debt.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 192 of 217<br />
Correspondent Seller Guide
Automated Underwriting Systems (AUS), Continued<br />
Submission to Freddie Mac <strong>Loan</strong> Prospector (direct)<br />
Screens Data Entry<br />
Details of<br />
Transaction<br />
• If a refinance and a liability is to be paid at closing, the amount to be paid at<br />
closing should be added to Refinance line (line D).<br />
• If a purchase and a liability is to be paid at closing, do not enter the amount to<br />
paid in the Refinance line (line D).<br />
• Identify any seller/builder contributions in the Sales Concessions field,<br />
including:<br />
• buyer’s <strong>FHA</strong> UFMIP,<br />
• prepaid taxes and insurance,<br />
• extra discount points to provide permanent interest rate buydowns,<br />
• payoff of credit balances on behalf of the buyer, and<br />
• any concession or combination of seller concessions that exceed six percent<br />
of the established reasonable value of the property.<br />
Declarations • If “yes” to bankruptcy and/or foreclosure questions, LP will not issue any specific<br />
messages and standard <strong>FHA</strong> guidelines will apply.<br />
<strong>FHA</strong> • Enter the dollar amount of the UFMIP that is financed as part of the loan amount<br />
in the Financed MIP field. Enter $0.00 if the <strong>FHA</strong> UFMIP is not financed.<br />
• Enter the closing costs paid by Borrower (which will appear on the LP Feedback<br />
as the <strong>FHA</strong> Minimum Down Payment)<br />
• If there is alimony obligation, enter the applicable dollar amount, if applicable<br />
• Leave Agency Case Number field blank since <strong>FHA</strong> case number is not obtained<br />
at application<br />
• <strong>The</strong> Agency Case Number must be included in the final 1003.<br />
User Profile • Complete entry in the <strong>FHA</strong> Lender ID field. This entry will become the default<br />
entry in the “<strong>FHA</strong> Lender ID” field on the <strong>FHA</strong> Screen.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 193 of 217<br />
Correspondent Seller Guide
Automated Underwriting Systems (AUS), Continued<br />
Submission to<br />
DO/DU on the<br />
Web (Direct)<br />
<strong>The</strong> following table shows the submission to DU Direct.<br />
Reference: See the topic “Ease-In Payment Reduction Feature” for specific<br />
instructions to enter a seller-paid interest payment reduction in DU Direct.<br />
Screens Fannie Mae’s Desktop Underwriter Data Entry<br />
Type of<br />
Mortgage and<br />
Terms of <strong>Loan</strong><br />
Construction-to<br />
-perm<br />
Borrower<br />
Information<br />
Current<br />
Employment<br />
Monthly<br />
Income and<br />
Combined<br />
Housing<br />
Expense<br />
• Lender <strong>Loan</strong> Number is a required field.<br />
• Enter the base loan amount (without UFMIP) in <strong>Loan</strong> Amt field.<br />
• Select “Purchase” as the “Purpose of the <strong>Loan</strong>” and enter the loan data as a<br />
purchase transaction.<br />
• Enter a full 2-year residency history for each borrower (must be entered in the full<br />
1003)<br />
• Enter a full 2-year residency history for each borrower (must be entered in the full<br />
1003)<br />
• If there is a non-occupant co-borrower, the current total housing expense of the<br />
non-occupant co-borrower will be included in the total monthly debt ratio.<br />
Assets • Identify a gift as “Gift” in asset section, whether or not the gift has been received<br />
and deposited by the borrower.<br />
• If the gift has been deposited into the borrower’s account, subtract the amount of<br />
the gift from the asset balance prior to entering the asset balance.<br />
• Enter the following in Institution field (full 1003) when a gift is involved:<br />
• donor’s name, address, phone number and relationship to borrower.<br />
• If the borrower will receive net equity from a property he/she is selling, DU will<br />
use the calculation from the REO section. If this must be overridden, “Net<br />
Equity” must be selected, the net equity manually calculated and the final figure<br />
entered as an asset (this will override the REO calculation).<br />
Liabilities • If an Installment has less than 10 remaining payments and the payment is less<br />
than $100, DO/DU will not count it in the borrower’s ratios.<br />
• All Revolving liabilities will count in the borrower’s ratios, regardless of how<br />
many months are left.<br />
• If there is a contingent liability that will not be counted (must provide proper<br />
documentation meeting <strong>FHA</strong> guidelines), it should be marked “Omit.”<br />
• If a liability is to be paid at closing, it must be marked “to be paid at closing.” <strong>The</strong><br />
Details of Transaction must reflect the following information for the applicable<br />
transaction;<br />
• if the loan is a purchase, nothing should be on line d), or<br />
• if the loan is a refinance, the amount to be paid at closing should be on line<br />
d).<br />
• If community property state and there is a non-purchasing spouse, individual<br />
credit reports must be ordered (order non-purchasing spouse’s OUTSIDE of<br />
DO/DU). If monthly debts must be added to the 1003, enter as a single lump<br />
sum and identify as “debts of non-purchasing spouse” in Creditor Information<br />
field.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Automated Underwriting Systems (AUS), Continued<br />
Submission to DU on the Web (Direct), continued<br />
Screens Fannie Mae’s Desktop Underwriter Data Entry<br />
Details of<br />
Transaction<br />
• If rate/term refinance, enter total unpaid principal balances of all mortgages<br />
included in refinance on line d (NOT including late fees, interest on the loans,<br />
etc.).<br />
• If purchase with debts to be paid at closing, do not enter any of the debt totals on<br />
line d.<br />
• If purchase, enter total prepaids to be paid by the borrower on line e. Do NOT<br />
enter the amount to be paid by the seller.<br />
• If rate/term refinance, enter the total prepaids, interest on existing mortgages,<br />
accrued late fees, escrow shortages, etc., on line e. (may not include delinquent<br />
interest).<br />
• Enter total UFMIP on line g.<br />
• Enter the amount of discount points to be paid by the borrower on line h).<br />
• Enter seller-paid closing costs on line k - (these fees should NOT appear in the<br />
“Other Credits” section on line l). Do NOT enter the amount of prepaids to be<br />
paid by the seller. If the seller is paying prepaids, subtract the amount paid by<br />
seller from line e.<br />
• If a commitment fee is charged, enter amount as a negative figure in “Other<br />
Credits” on line l<br />
Declarations • If “yes” to bankruptcy and/or foreclosure questions, DO/DU Findings Report will<br />
issue specific messages referencing standard <strong>FHA</strong> guidelines.<br />
• If “yes” to borrowed down payment question, DO/DU Findings Report will issue a<br />
message referencing standard <strong>FHA</strong> guidelines.<br />
Additional Data Subject Property Type is a required field.<br />
Government<br />
Information<br />
• <strong>The</strong> <strong>FHA</strong> Lender ID must be completed for the <strong>FHA</strong> TOTAL Score Card.<br />
• Complete “Section of Act” and “County”. If county/city of subject property is not<br />
listed, select a county nearest the property with the same loan limits (DO/DU<br />
WILL NOT recognize county when selecting “ALL OTHERS”).<br />
• Borrower-paid and seller-paid closing costs do not need to be completed.<br />
• Complete Seller Concessions for any seller contributions over the allowable 6%.<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Rate, Points & Lock-Ins<br />
CRA Incentive<br />
and Verification<br />
Interest Rate<br />
and Discount<br />
Points<br />
Target Area<br />
• <strong>Loan</strong> eligibility for CRA Incentive is limited to SunTrust Bank’s Community<br />
Reinvestment Act (CRA) assessment areas. It is also based on the subject<br />
property being located in a low-or-moderate income census tract or the<br />
borrower’s income being equal to or lower than SunTrust’s maximum allowable<br />
income level for the property county.<br />
• SunTrust’s assessment areas are NOT located in all areas of the state.<br />
Reference: Click here to access the list of eligible states and counties.<br />
• If the subject property is located within a SunTrust targeted state and county,<br />
proceed with the steps listed below to determine SunTrust qualifying results of<br />
the subject property and/or the borrower’s income.<br />
Step Action<br />
1 Access the following website: www.suntrustgeocoder.com<br />
2 Enter CORRES for password and click the Login button.<br />
3 Input the property address and annual income and click the Submit button.<br />
4 Print the Geocoding Results and place in loan file.<br />
• <strong>The</strong> geocoding system must be used to determine the census tract locations of<br />
individual subject properties.<br />
• Your loan must receive a “Qualified’ message in order for it to be eligible for the<br />
CRA incentive.<br />
• A listing of maximum income limits is provided as a supplemental tool which may<br />
be used to inform users of the varying income limits by county, census tract, and<br />
product. Click here for the listings of maximum income limits.<br />
• If the loan is eligible, complete the CRA Census Tract Verification form (COR<br />
0560a).<br />
• Email completed form to correspondent.underwriting@suntrust.com within<br />
48 hours of locking the loan.<br />
• Once the information is validated, the appropriate pricing adjustments will be<br />
made and the new lock confirmation will be available online.<br />
Rate and price quotes are established by the Marketing Department daily and are<br />
communicated on SunTrust’s Rate sheet.<br />
Lock-ins It is important that the loan type be communicated when the loan is registered and/or<br />
locked-in.<br />
Reference: See Section 1.03: <strong>Loan</strong> Registration and Lock-In Procedures of the<br />
Correspondent Seller Guide for additional information concerning lock-ins.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Rate, Points & Lock-Ins, Continued<br />
<strong>Program</strong> Code <strong>The</strong> following table shows the program code.<br />
Seller Paid<br />
Interest<br />
Buydown<br />
Product <strong>Program</strong> Code<br />
<strong>FHA</strong> 20 or 30 Year Fixed Rate F30FX<br />
<strong>FHA</strong> 10 or 15 Year Fixed Rate F15FX<br />
<strong>FHA</strong> Jumbo 30 year Fixed F30JFX<br />
<strong>FHA</strong> Fixed Rate Seller Paid Interest Payment<br />
Reduction Feature<br />
F30SPI<br />
Reference: See the topic Ease-In Payment Reduction Feature previously presented<br />
in this product description for additional information.<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Application, Disclosures and Consumer Compliance<br />
General All consumer disclosures or notices required by all federal, state and local laws and<br />
regulations must be complied with. This includes, but is not limited to, the Real<br />
Estate Settlement Procedures Act, the Equal Credit Opportunity Act, the Flood<br />
Disaster Protection Act, the Truth-in-Lending Act, and the Fair Credit Reporting Act,<br />
all as amended and all applicable usury limitations. Further, all consumer<br />
disclosures relating to the mortgage loan must have been properly given on a timely<br />
basis in compliance with applicable laws, rules and regulations.<br />
Face-to-Face<br />
Interview<br />
• A face-to-face interview is not required for <strong>FHA</strong> transactions.<br />
• HUD requires the lender to ask the borrower if he/she wants a face-to-face<br />
interview. If the borrower does not desire such a meeting, it must be so noted in<br />
the loan file.<br />
Reference: See Section 1.05: Underwriting for additional information regarding<br />
the “U.S. Patriot Act”.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
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Application, Disclosures and Consumer Compliance, Continued<br />
Sales Contracts • <strong>The</strong> sales contracts, any amendments or other agreements and certifications are<br />
to be included in the case binder file.<br />
• Sales contracts do not need to refer to <strong>FHA</strong> financing in order to be considered<br />
valid by HUD. However, the contract must provide the HUD real estate<br />
certification and the amendatory clause. <strong>The</strong>se may be included in the language<br />
of the sales contract or as a separate addendum(s) and must be signed and<br />
dated by the borrower, seller, selling real estate agent or broker.<br />
Note: It is SunTrust requirement, for the <strong>FHA</strong> Amendatory Clause and the <strong>FHA</strong><br />
Real Estate Certification forms to be signed and dated by the borrower, if not a<br />
part of the purchase agreement (sales contract), on or before the date of the<br />
purchase agreement.<br />
• <strong>The</strong> criteria of the amendatory clause are as follows:<br />
• the sales price as stated in the contract is inserted in the amendatory clause,<br />
• a new amendatory clause is not required if the sales price is adjusted based<br />
on a value that is less than the sales price, providing the original sales<br />
contract with a price matching the amendatory clause and the revised or<br />
amended contract are included in the case binder, and<br />
• the amendatory clause is not required on HUD REO sales, or if Fannie Mae,<br />
Freddie Mac, Department. of Veterans Affairs, Rural Housing Services, or<br />
other Federal, State and local government agencies, mortgagees disposing<br />
of REO assets, or sellers at foreclosure sales and those sales where the<br />
borrower will not be an owner-occupant (i.e., a nonprofit agency).<br />
• If there are any seller concessions, these must be stated in the contract (either<br />
as a percentage or a dollar amount). Failure to perform a condition of the<br />
contract will not be grounds for denying loan endorsement provided the loan<br />
closes in compliance with all regulations and policies.<br />
• <strong>The</strong> <strong>FHA</strong> For Your Protection: Get a Home Inspection (HUD 92564-CN) must be<br />
given to prospective homebuyers at first contact. HUD has eliminated the<br />
requirements that the form be signed by purchasers and included in the case<br />
binder.<br />
Reference: See Section 1.05b: Reviewing Sales Contracts in the Correspondent<br />
Seller Guide for additional information.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 199 of 217<br />
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Application, Disclosures and Consumer Compliance, Continued<br />
Disclosures<br />
(Origination /<br />
Processing /<br />
Closing)<br />
Origination<br />
Disclosures<br />
In addition to the standard origination/processing/closing disclosures required (i.e.,<br />
1003, TIL, GFE, etc.), the following HUD-specific disclosures are required during the<br />
loan application process:<br />
• For Your Protection: Get a Home Inspection (HUD-92564-CN),<br />
• <strong>FHA</strong> Amendatory Clause (if not included in sales contract),<br />
• <strong>FHA</strong> Real Estate Certification (if not part of the sales contract)<br />
Note: It is SunTrust requirement, for the <strong>FHA</strong> Amendatory Clause and the <strong>FHA</strong><br />
Real Estate Certification forms to be signed and dated by the borrower, if not<br />
part of the purchase agreement (sales contract), on or before the date of the<br />
purchase agreement.<br />
Reference: See the Sales Contract subtopic previously presented in this topic<br />
for additional information.<br />
• HUD/VA Addendum to Uniform Residential <strong>Loan</strong> Application (HUD-92900-A)<br />
pages 1 and 2,<br />
Note: Page two (2) of the loan application addendum must be signed by the<br />
borrower and in the file prior to submission to underwriting (prior to purchase for<br />
lenders that have a Direct Endorsement (D.E.) Underwriter on staff).<br />
• <strong>FHA</strong> Importance Notice to Homebuyer,<br />
• <strong>FHA</strong> Informed Consumer Choice Disclosure Notice,<br />
• <strong>FHA</strong> Notice to Homeowner- Assumption of HUD/<strong>FHA</strong> Insured Mortgages<br />
Release of Personal Liability,<br />
• <strong>FHA</strong> Energy Efficient Mortgage <strong>Program</strong>,<br />
• Financial Privacy Act Notice,<br />
• <strong>FHA</strong> Pamphlet “Protecting Your Family from Lead in Your Home,” and<br />
• State specific disclosures, if applicable.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 200 of 217<br />
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Application, Disclosures and Consumer Compliance, Continued<br />
Processing<br />
Documents<br />
Social Security<br />
Numbers<br />
• <strong>FHA</strong> <strong>Loan</strong> Underwriting Transmittal Summary (HUD-92900-LT),<br />
• CRA Census Tract Verification (COR 0560a)<br />
• HUD/VA Addendum to Uniform Residential <strong>Loan</strong> Application (HUD-92900-A),<br />
• <strong>FHA</strong> Appraised Value Adjustment Disclosure,<br />
• <strong>FHA</strong> Energy Efficient Mortgage Worksheet,<br />
• HUD Review - Processor Checklist,<br />
• 4506-T at application and closing,<br />
• Miscellaneous processing certifications to use if applicable:<br />
• <strong>FHA</strong> New Construction Early Start Letter, if applicable (DE Correspondents<br />
Only),<br />
• <strong>FHA</strong> Electrical Certification,<br />
• <strong>FHA</strong> Heating Certification,<br />
• <strong>FHA</strong> Plumbing Certification, and<br />
• Borrower’s Contract with Respect to Hotel and Transient Use of the<br />
Property (HUD-92561).<br />
Reference: See the Closing Documents subtopic later in this topic for additional<br />
information and required forms.<br />
• Each borrower, co-borrower, or co-signer must provide the lender with evidence<br />
of his/her social security number. While the actual social security card is not<br />
required, the social security number can be obtained from pay stubs, the driver’s<br />
license, passport, etc. Tax returns alone without a W2 are not sufficient<br />
evidence of social security numbers.<br />
• Social Security numbers must be consistent throughout the file on all<br />
documentation. Any multiple social security numbers or discrepancies must be<br />
addressed, even if it is an obvious transposition of numbers.<br />
• All individuals eligible for legal employment in the US must have a social security<br />
number. Tax ID numbers issued by the Social Security Office are unacceptable.<br />
This applies to purchase transactions and all refinances.<br />
Note: SunTrust requires that all credit reports indicate that a Social Security<br />
validation vendor has validated the borrower’s Social Security Number.<br />
Reference: See the <strong>FHA</strong> Social Security Number Validation for additional information.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 201 of 217<br />
Correspondent Seller Guide
Application, Disclosures and Consumer Compliance, Continued<br />
Closing<br />
Documents<br />
Power of<br />
Attorney<br />
• Fraud Prevention Certification (COR0601)<br />
• <strong>FHA</strong>/VA Buydown Agreement (COR 0344)<br />
• <strong>FHA</strong>/VA New Construction Certification (COR 0356),<br />
• <strong>FHA</strong>/VA Lead Standard Certification for Water Systems (COR 0357)<br />
• 4506-T<br />
• A Power of Attorney (POA) may be used for CLOSING DOCUMENTS, (including<br />
page 4 of the Addendum to the URLA and the final URLA if it is signed at<br />
closing).<br />
• Any POA, whether specific or general, must comply with state laws and allow for<br />
the mortgage note to be legally enforced in that jurisdiction.<br />
• It is the lender’s responsibility to assure that clear title can be conveyed in the<br />
event of foreclosure.<br />
• Except for the conditions described below, the INITIAL loan application MAY<br />
NOT be executed by using a power of attorney, i.e., it must be signed by all<br />
borrowers.<br />
• THE INITIAL AND FINAL LOAN APPLICATION, MUST CONTAIN THE<br />
SIGNATURES OF ALL BORROWERS AND THE INTERVIEWER.<br />
• Military Personnel on Overseas Duty or on an Unaccompanied Tour:<br />
• <strong>The</strong> lender should obtain the serviceperson’s signature of the application by mail<br />
or fax machine.<br />
• Incapacitated Borrowers Unable to Sign the Mortgage Application:<br />
• <strong>The</strong> lender must provide evidence the signer has authority to purchase the<br />
property and obligate the borrower. This would include a durable power of<br />
attorney specifically designed to survive incapacity and avoid the need for court<br />
proceedings. <strong>The</strong> incapacitated individual must occupy the property to be<br />
insured (except on eligible investment property.)<br />
Section 2.22 July 27, 2012<br />
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Correspondent Seller Guide
Underwriting and <strong>Loan</strong> Submission<br />
General<br />
Guidelines<br />
• All loans must be submitted through TOTAL Scorecard. <strong>The</strong> case binder file must<br />
include the complete AUS findings report.<br />
• All loans with the exception of second home, investment property, or streamline<br />
refinance transactions must be submitted through TOTAL Scorecard if any borrower<br />
on the loan has a credit score.<br />
Exception: If a streamline refinance is inadvertently submitted through TOTAL<br />
Scorecard, the loan must be traditionally underwritten, and the DE underwriter<br />
remains responsible for insuring all HUD and SunTrust Mortgage Credit guidelines<br />
are met (i.e., mortgage payment history, seasoning, etc.). Underwriters must also<br />
use their CHUMS ID for page three of the HUD/VA Addendum to Uniform<br />
Residential <strong>Loan</strong> Application (HUD 92900-A), <strong>FHA</strong> Connection, and the <strong>FHA</strong> <strong>Loan</strong><br />
Underwriting and Transmittal Summary (HUD 92900-LT) for streamline refinances.<br />
• <strong>The</strong> underwriter/person validating both the AUS findings and the information on<br />
the <strong>FHA</strong> <strong>Loan</strong> Underwriting Transmittal Summary (HUD-92900-LT) must sign<br />
Page 3 of the URLA Addendum (HUD form 92900-A) and complete any<br />
applicable condition items.<br />
• An abbreviated version of the loan application is not acceptable; a full loan<br />
application with all sections completed is required.<br />
• <strong>The</strong> loan application and loan application addendums must always be signed<br />
and dated by the borrower(s) and interviewer before the loan is submitted to<br />
SunTrust”.<br />
• <strong>The</strong> borrower is still required to sign the initial loan application and the<br />
loan application addendum when the loan application is taken via the<br />
telephone or internet.<br />
• <strong>The</strong> interviewer must always sign the loan application and loan application<br />
addendum.<br />
Note: A signed faxed copy of the initial loan application and addendum may be<br />
used to submit the file to underwriting; however, the original signed initial loan<br />
application and addendum must be submitted prior to the time of purchase.<br />
• All information on the <strong>FHA</strong> <strong>Loan</strong> Underwriting Transmittal Summary (HUD-92900-<br />
LT) must be completed. This includes the approval box, borrower(s) ratings,<br />
compensating factors when applicable, CAIVRS, LDP, GSA information, and the<br />
CHUMS code for the AUS system, if applicable. (i.e., TOTAL Scorecard is<br />
Z<strong>FHA</strong>).<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page <strong>203</strong> of 217<br />
Correspondent Seller Guide
Underwriting and <strong>Loan</strong> Submission, Continued<br />
File<br />
Submission for<br />
Correspondent<br />
Lenders with<br />
<strong>FHA</strong> DE<br />
Underwriters<br />
Correspondent lenders with <strong>FHA</strong> DE Underwriters are delegated to underwrite<br />
<strong>FHA</strong> loans and are not eligible to submit these loans to SunTrust for<br />
underwriting. Approved loans, underwritten by the correspondent lender's DE<br />
underwriter are closed and a case binder is submitted to <strong>FHA</strong> for MIC.<br />
• <strong>The</strong> correspondent will prepare a case binder file for submission to HUD for MIC<br />
after the loan has closed.<br />
• <strong>The</strong> correspondent is responsible for obtaining the MIC. HUD will send the MIC<br />
to the correspondent, not to SunTrust. Correspondents must review the MIC for<br />
errors. Any inaccuracies should be corrected and a new MIC issued BEFORE it<br />
is sent to SunTrust. After the MIC has been reviewed and all information found<br />
to be correct, the MIC is then assigned and sent to SunTrust to clear the<br />
condition on the file.<br />
• SunTrust will verify through <strong>FHA</strong> Connection that the <strong>FHA</strong> loan has been<br />
submitted to HUD for MIC prior to purchase.<br />
• If <strong>FHA</strong> Connection reflects a receipt, SunTrust will purchase the loan.<br />
• If <strong>FHA</strong> Connection reflects a Notice of Return (NOR), SunTrust will not purchase<br />
the loan until the loan has been insured by HUD.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 204 of 217<br />
Correspondent Seller Guide
Underwriting and <strong>Loan</strong> Submission, Continued<br />
File Submission<br />
for Sponsored<br />
Correspondent<br />
Lenders<br />
Reference: See “<strong>The</strong> SunTrust Government Sponsorship <strong>Program</strong>” subtopic<br />
previously presented in the Overview topic for additional information.<br />
Obtaining MIC • <strong>Loan</strong> files must be submitted to the appropriate HOC office to obtain mortgage<br />
insurance with in 30 days after loan closing. Files sent to the local HUD office<br />
instead of the HOC office may be lost or will be delayed in the local HUD office<br />
until they are batched together and sent with other files to the HOC office. In this<br />
situation, lenders have to be concerned about late fees for late receipt of the file<br />
as well as payment histories (loans with late payments prior to HUD’s issuance<br />
of MIC, require a 6 month payment history of timely payments included in the file<br />
in order for HUD to issue an MIC). Mortgage insurance approval should be<br />
received within 90 days after closing.<br />
• HUD will send the MIC to the correspondent lender’s office, not to SunTrust. It is<br />
the correspondent’s responsibility to obtain and assign the MIC to SunTrust<br />
Mortgage, Inc. and send it to SunTrust promptly after receipt.<br />
• SunTrust will verify through <strong>FHA</strong> Connection that the <strong>FHA</strong> loan has been<br />
submitted to HUD for MIC prior to purchase.<br />
• If <strong>FHA</strong> Connection reflects a receipt, SunTrust will purchase the loan.<br />
• If <strong>FHA</strong> Connection reflects a Notice of Return (NOR), SunTrust will not<br />
purchase the loan until the loan has been insured by HUD.<br />
Mortgage<br />
Record Change<br />
(MRC)<br />
Note: SunTrust will enforce repurchase of <strong>FHA</strong> loans that do not have MIC.<br />
• Only the existing holder of record will be able to provide HUD with the Mortgage<br />
Record Change (MRC) to update a new holder of record.<br />
• Direct Endorsement lenders must transfer the Servicer/Holder of Record and<br />
Mortgagee ID in <strong>FHA</strong> Connection prior to purchase of the loan.<br />
• <strong>The</strong> SunTrust Mortgagee ID is 54179.<br />
• HUD’s <strong>FHA</strong> Connection (<strong>FHA</strong>C) will treat MRC submissions received prior to<br />
endorsement, the same as they would the electronically received submissions<br />
through Electronic Data Interchange (EDI).<br />
• Lenders may confirm HUD’s records of the holder and Servicer information by<br />
accessing <strong>FHA</strong> Connection (<strong>FHA</strong>C)<br />
• <strong>The</strong> new HUD Query screen may be accessed by visiting<br />
http://entp.hud.gov/a43i/html/a43qry.html.<br />
• <strong>The</strong> Portfolio Request or Case Details screens may be used in conjunction with<br />
the new query screen to review and take corrective action, if necessary.<br />
• All MRC that are in suspense will be processed in the order in which HUD<br />
received them.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 205 of 217<br />
Correspondent Seller Guide
Underwriting and <strong>Loan</strong> Submission, Continued<br />
Transfers of<br />
Rejected <strong>Loan</strong>s<br />
• If a DE lender denies a loan that is then assigned to another lender, the original<br />
underwriter's credit analysis worksheet stating the reasons for rejecting the<br />
borrower or property must accompany the assigned package.<br />
• If the receiving mortgagee approves the application, then the case binder must<br />
contain the original denied worksheet with explanatory comments from the<br />
approving mortgagee underwriter when submitted to HUD.<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 206 of 217<br />
Correspondent Seller Guide
Closing and <strong>Loan</strong> Settlement Documentation<br />
General <strong>The</strong> following closing guidelines are specific to the end investor. Unless specified<br />
below, all closing forms and documentation should follow standard SunTrust<br />
guidelines.<br />
Closing Legal<br />
Documents<br />
<strong>The</strong> following table shows the required legal documents.<br />
Note <strong>The</strong> most recent version of the <strong>FHA</strong> Note for a fixed<br />
rate loan or the most recent version of the <strong>FHA</strong> ARM<br />
loan.<br />
Deed of Trust <strong>The</strong> most recent <strong>FHA</strong> Security Instrument as applicable<br />
to state requirements should be used and the last page<br />
of the instrument should indicate that appropriate riders<br />
are attached.<br />
Adjustable Rate Rider <strong>The</strong> <strong>FHA</strong> ARM Rider is used when the borrower has<br />
applied and been approved for an <strong>FHA</strong> ARM loan.<br />
Condominium Rider <strong>The</strong> <strong>FHA</strong> Condominium Rider must be used when the<br />
subject property is a condominium unit. <strong>The</strong>re are no<br />
exceptions.<br />
PUD Rider <strong>The</strong> <strong>FHA</strong> PUD Rider must be used when the subject<br />
property is located in a PUD. <strong>The</strong>re are no exceptions.<br />
Non-Owner Occupancy<br />
Rider<br />
<strong>The</strong> <strong>FHA</strong> Non-Owner Occupancy Rider must be used<br />
when the subject property is an investment or second<br />
home property. <strong>The</strong>re are no exceptions.<br />
Note: <strong>FHA</strong> loans are not eligible on investment or<br />
second home properties; however there may be<br />
exceptions if the loan is a PD (property disposition)<br />
loan or has received special consideration due to the<br />
borrower’s circumstances (applicable to a home that is<br />
categorized as a second home).<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 207 of 217<br />
Correspondent Seller Guide
Closing and <strong>Loan</strong> Settlement Documentation, Continued<br />
Document<br />
Review Fee<br />
Document<br />
Warranties<br />
Definition of<br />
Allowable<br />
Costs<br />
Usage of<br />
Allowable<br />
Costs<br />
For all loans, there is a document review fee that will be charged and will be<br />
deducted from the proceeds at closing. Refer to the Correspondent Seller Guide,<br />
Section 1.08: <strong>Loan</strong> Delivery and Purchase Review for information on the fee<br />
charges.<br />
• Lenders must use the mortgage documents for conventional mortgage loans that<br />
are correct for the jurisdiction, the mortgage type, the lien type and the property<br />
type.<br />
• <strong>The</strong> lender must use the most current version and appropriate forms.<br />
• In some cases, the mortgage forms may have to be adapted to meet the lender’s<br />
jurisdictional requirements.<br />
• Any change made to multi-state documents must comply with all applicable laws.<br />
• SunTrust relies upon your representations and warranties that the loans are<br />
enforceable in accordance with the terms of the Correspondent <strong>Loan</strong> Purchase<br />
Agreement and comply with all applicable laws.<br />
• Accordingly, it is advisable that forms and documents be reviewed by your legal<br />
counsel for compliance with the laws of the state in which each loan is made.<br />
• Allowable closing costs are defined as those costs that are:<br />
• reasonable and customary in the area,<br />
• may be charged to the borrower, and<br />
• included in the acquisition cost.<br />
• If the HOC publishes a maximum dollar limit on each closing cost item, any cost<br />
that exceeds the maximum limit must be paid out of pocket by the borrower.<br />
• HUD’s definition of closing costs DOES NOT include discount points or prepaids.<br />
• If a lock-in fee is collected, the Lock-in Confirmation must be executed at least<br />
15 days prior to the date of the Note; otherwise a lock-in fee cannot be collected.<br />
Reference: See HUD Allowable Closing Costs in this product description for<br />
details on allowable closing costs not included in acquisition, including those that<br />
cannot be charged to the borrower.<br />
Purchase Transactions<br />
Borrower-paid closing costs are added to the sales price to determine the total<br />
acquisition cost.<br />
Refinance Transactions<br />
Borrower paid allowable closing costs may not be added to the appraised value to<br />
determine the total acquisition cost for refinance transactions.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 208 of 217<br />
Correspondent Seller Guide
Closing and <strong>Loan</strong> Settlement Documentation, Continued<br />
Review of Final<br />
HUD-1<br />
Review of Final<br />
<strong>Loan</strong> Approval<br />
• Without exception, the final HUD-1 must be reviewed by the lender prior to<br />
closing.<br />
• If the transaction is a purchase, the allowable closing costs to both the borrower<br />
and the seller must be verified (any “unallowable” costs must be taken off the<br />
HUD-1 Settlement Statement.)<br />
• If the transaction is a refinance, both of the following steps are required:<br />
• the allowable costs must be verified (any “unallowable” costs must be taken<br />
off the HUD-1), AND<br />
• the mortgage amount must be recalculated if the estimated closing costs<br />
used to calculate the mortgage result in an amount exceeding $500 based<br />
on actual charges as reflected on the final HUD-1 for a rate/term or<br />
streamline refinance transaction.<br />
Reference: See the subtopic “HUD-1 Settlement Statement” in the General<br />
Section 1.35: SunTrust Compliance Overview of the Correspondent Seller<br />
Guide for additional information.<br />
• All loans must close at the interest rate, term, loan amount that was approved by<br />
TOTAL Scorecard, AUS and the Underwriter. <strong>The</strong>re is no AUS or <strong>FHA</strong><br />
tolerance.<br />
Reference: See the table under the heading AUS Resubmissions and Forms in<br />
the topic Automated Underwriting Systems (AUS) Issues within the subtopic AUS<br />
Recommendations and Resubmissions for additional information for allowable<br />
tolerances.<br />
• If the loan received by the closer does not match the underwriting approval on<br />
the <strong>FHA</strong> <strong>Loan</strong> Underwriting Transmittal Summary (HUD-92900-LT) and the<br />
TOTAL Scorecard/DO/DU or LP findings, the loan is not to close until the<br />
following actions have been completed:<br />
• resubmission of the loan to TOTAL Scorecard/DO/DU or LP with the<br />
appropriate revisions,<br />
• resubmission of the new AUS report and findings, revised application (1003),<br />
URLA Addendum (HUD 92900A – page 3) and the <strong>FHA</strong> <strong>Loan</strong> Underwriting<br />
Transmittal Summary (HUD-92900-LT), and<br />
• re-approval of the revised loan terms by the SunTrust Underwriter.<br />
• Compliance Inspection Reports must be signed by the underwriter on Block 4.<br />
Reference: See the <strong>FHA</strong> TOTAL Scorecard subtopic in the Automated<br />
Underwriting Systems (AUS) Issues topic for additional information<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 209 of 217<br />
Correspondent Seller Guide
Closing and <strong>Loan</strong> Settlement Documentation, Continued<br />
Repairs,<br />
(continued)<br />
General Information<br />
Repairs and other conditions of the appraisal are to be indicated on the URAR and<br />
the Conditional Commitment Direct Endorsement Statement of Appraised Value<br />
(form HUD-92800.5B).<br />
Required Repairs<br />
General Information<br />
• Required repairs are limited to those repairs necessary to preserve the physical<br />
security of the property and to protect the health and safety of the occupants.<br />
<strong>The</strong> three (3) S’s:<br />
• Soundness-correct physical deficiencies or conditions affecting structural<br />
integrity.<br />
• Safety-protect the health and safety of the occupants.<br />
• Security-protect the security of the property (security for the <strong>FHA</strong> insured<br />
mortgage.)<br />
• Avoid unnecessary requirements because they increase housing costs without<br />
adding any basic amenities to the property.<br />
• While appraisers are not to add repairs beyond <strong>FHA</strong>’s guidelines, the<br />
Underwriter (Mortgagee) may add requirements as a condition of making the<br />
loan. Individual mortgagees have the right to make additional requirements they<br />
feel necessary to protect the security or soundness of the property and the<br />
health and safety of the occupants. <strong>The</strong> applicant has the option of selecting<br />
another lender if they feel these requirements/conditions are excessive.<br />
Note: Only correspondent lenders that have a Direct Endorsement<br />
underwriter on staff may underwrite and submit for purchase loan<br />
transactions involving <strong>203</strong>(k) or <strong>203</strong>(b) with repair escrow transactions to<br />
SunTrust.<br />
Repair Escrows<br />
Escrows for incomplete items should only occur in limited situations. HUD<br />
Handbook 4145.1 page 5-1 provides additional guidance. <strong>The</strong> only acceptable<br />
escrow would be due to extenuating circumstance beyond the contractor or seller’s<br />
control. This would only be weather related: i.e., inability to lay sod due to cold<br />
weather, inability to install a roof due to continued snow, etc.<br />
Note: Escrow of repairs on existing properties to facilitate a “quick” closing is<br />
unacceptable.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 210 of 217<br />
Correspondent Seller Guide
Closing and <strong>Loan</strong> Settlement Documentation, Continued<br />
Poor Condition<br />
Properties<br />
Properties<br />
Located in<br />
Disaster Areas<br />
Properties<br />
Located in a<br />
Special Flood<br />
Hazard Area<br />
(S<strong>FHA</strong>)<br />
If the subject property is in such poor condition that it may be cost prohibitive or<br />
impractical or bring it up to <strong>FHA</strong>’s minimum property requirements, the appraiser<br />
should recommend “Rejecting” the property and,<br />
• complete the appraisal on an “AS IS” basis, clearly marking the reports as<br />
rejected and provide reasons for the rejection,<br />
• provide a list of all major deficiencies and state that the list should not be<br />
considered all inclusive, and<br />
• provide photographs, if possible.<br />
• If a property is located in a locality impacted by a disaster event, prior to submitting<br />
the loan to SunTrust for purchase review and funding, the lender must determine<br />
that the subject property, as well as the subject property’s neighborhood is in the<br />
same condition as at the time of the appraisal and has not been damaged.<br />
• <strong>The</strong> marketability and/or market value of the subject property and subject<br />
property’s neighborhood cannot have been negatively affected by the disaster<br />
event.<br />
• COR 0006 is to be completed by all lenders where a property is located in a<br />
locality impacted by a disaster event.<br />
Reference: See General Section 1.14: Hazard and Flood Insurance of the<br />
Correspondent Seller Guide for additional information.<br />
Private Roads Documentation<br />
<strong>The</strong> following documentation is required:<br />
• permanent recorded easement, and<br />
• joint maintenance agreement or maintained by a homeowners association<br />
Form of Road Maintenance Agreement<br />
<strong>The</strong> Road Maintenance Agreement must be a separate recorded document.<br />
Terms of the Road Maintenance Agreement<br />
<strong>The</strong> following terms are required:<br />
• the agreement includes the entire private road system to the public road<br />
• the agreement and access must be legal and in perpetuity (i.e., run with the<br />
land).<br />
• the agreement states how the costs are to be shared (e.g., equally by all lots,<br />
pro-rata, etc.). <strong>The</strong> provision for maintenance must not create an unusual or<br />
abnormal burden upon the ownership of the subject property.<br />
• the road is in an acceptable condition. <strong>The</strong> roadway(s) within the system must<br />
have all –weather surface(s) (i.e., a road surface over which emergency and the<br />
area’s typical passenger vehicles can pass at all times).<br />
• the roadway meets local jurisdiction’s emergency service access requirements.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 211 of 217<br />
Correspondent Seller Guide
Closing and <strong>Loan</strong> Settlement Documentation, Continued<br />
Private Road,<br />
(continued)<br />
Runway Clear<br />
Zones<br />
Sewage<br />
Systems<br />
Parties to the Road Maintenance<br />
All of the property owners served by the private road system must be a party to the<br />
agreement.<br />
Waiver of Road Maintenance Agreement<br />
<strong>The</strong> Direct Endorsement (DE) Underwriter may waive road maintenance agreement<br />
requirements if the property abuts a publicly maintained road and the easement is a<br />
common driveway between two (2) neighbors and it is all weather (e.g., such as in a<br />
shared driveway in older parts of cities).<br />
Underwriter Approval<br />
<strong>The</strong> recorded easements and road maintenance agreement must be reviewed and<br />
approved by the DE Underwriter and documented in the file when the loan is<br />
submitted for mortgage insurance. A letter to the file from the DE Underwriter is the<br />
only item to be included in the HUD’s insuring file.<br />
Existing properties located in an airport runway clear zone require a letter of<br />
acknowledgement from the borrower.<br />
Note: New construction properties located in a runway clear zone are not eligible for<br />
<strong>FHA</strong> financing.<br />
Community Sewer Systems<br />
HUD no longer maintains a list of approved systems. <strong>The</strong> appraiser must note on<br />
the URAR the name of the community system(s). <strong>The</strong> branch is responsible to<br />
ensure the community system(s) are licensed and adequate to service the property.<br />
Appraiser’s site sketch should clearly indicate the location of individual systems and<br />
leach fields.<br />
Individual Sewage Systems<br />
• For properties that cannot connect to a public system and are served by an<br />
individual sewage system that is acceptable to the local health authority, the<br />
system is then acceptable to HUD/<strong>FHA</strong>.<br />
• Certifications are only required if evidence of system failure, if mandated by state<br />
or local jurisdiction, if customary to the area, or at lender’s discretion. <strong>The</strong><br />
appraiser must note any readily observable deficiencies. , In those instances,<br />
the appraiser is to condition for a certification by the local health authority, a<br />
licensed sanitarian or an individual determined to be qualified by the DE<br />
underwriter.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 212 of 217<br />
Correspondent Seller Guide
Closing and <strong>Loan</strong> Settlement Documentation, Continued<br />
Sewage<br />
Systems,<br />
(continued)<br />
Connection to a Public Sewer System<br />
• <strong>The</strong> appraiser is required to report on the availability of connection to public<br />
and/or community sewer system. <strong>The</strong> lender is responsible for the determination<br />
of the feasibility for requiring connection. Generally, connection must be made<br />
to a public sewer system or a community sewer system if connection costs to the<br />
public or community system are reasonable (Three percent (3.00%) or less of<br />
the estimated value of the property.) If connection costs exceed three percent<br />
(3.00%), the existing on-site systems will be acceptable provided they are<br />
functioning properly and meet the requirements of the local health department. If<br />
connection is required, the loan must be sent back to underwriting for reevaluation.<br />
Water Systems Community Water Systems<br />
• HUD no longer maintains a list of approved community water systems. This type<br />
of water system is a central system owned, operated, and maintained by a<br />
private corporation or a non-profit property owners association.<br />
• If on community water, the appraiser must note on the URAR the name of the<br />
water company. <strong>The</strong> lender is responsible to ensure the community system(s)<br />
are licensed and adequate to service the property.<br />
Individual Water Systems<br />
Individual water supply systems (wells) may be acceptable when connection to a<br />
public or community water system is not available and there is assurance of a<br />
continuing adequate supply of potable water for domestic needs. <strong>The</strong> water well<br />
must also meet the requirements of the local health authority with jurisdiction.<br />
Water Quality<br />
• Individual water wells are owned and maintained by the homeowner, and are<br />
subject to compliance with all requirements of the local or State Health Authority<br />
having jurisdiction. <strong>The</strong> appraiser is to note any readily observable deficiencies<br />
and report on the availability of connection to public and/or community water<br />
systems.<br />
• A test or inspection is required under the following circumstances:<br />
• if mandated by state or local jurisdiction,<br />
• if there is knowledge that the well water may be contaminated,<br />
• when the water supply relies upon a water purification system due to<br />
presence of contaminants, or<br />
• when there is evidence of the situations listed below:<br />
• corrosion of pipes (plumbing)<br />
• areas of intensive agriculture within one quarter (¼) mile<br />
• coal minim or gas drilling operations within one quarter (¼) mile<br />
• dump, junkyard, landfill, factory, gas station, or dry cleaning operation within<br />
¼ mile, or<br />
• unusually objectionable taste, smell, or appearance of well water.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 213 of 217<br />
Correspondent Seller Guide
Closing and <strong>Loan</strong> Settlement Documentation, Continued<br />
Water Systems,<br />
(continued)<br />
Well Location<br />
• Individual water supply systems (wells) should be checked to establish the<br />
distance from the septic systems.<br />
• <strong>The</strong> appraiser is to note in the appraisal if the distances appear to be met plus<br />
note any adverse site conditions that might warrant further inspections or due<br />
diligence.<br />
• <strong>The</strong> lender must make a decision as to whether a qualified third party should map<br />
out these distances.<br />
• <strong>The</strong> lender may want to have these distances marked on a survey in cases where<br />
the lot is particularly small, depending on the location of the well.<br />
• <strong>The</strong> minimum acceptable distances between wells and the sources of pollution<br />
located on either the same or the adjoining lot are shown in the table below.<br />
Source of<br />
Pollution<br />
Minimum<br />
Horizontal<br />
Distance (Feet)<br />
Source of<br />
Pollution<br />
Minimum<br />
Horizontal<br />
Distance (Feet)<br />
Property Line 10 feet Other sewer lines 50 feet<br />
Septic Tank 50 feet Chemically<br />
Poisoned Soil<br />
25 feet<br />
Absorption Field,<br />
Seepage Pit,<br />
Absorption Bed<br />
100 feet Dry Well 50 feet<br />
Sewer Lines with 10 feet Other Recommendations<br />
Permanent -tight<br />
or requirements of<br />
joints<br />
the local health<br />
authority<br />
• Individual water systems/wells should be located ON the subject property site. If<br />
not, they must be on an adjacent property, and evidence of water rights and<br />
recorded maintenance agreement must be provided for acceptance of the well as<br />
the primary source of water for an <strong>FHA</strong> insured property.<br />
• Cisterns-HUD indicates that properties served by cisterns are not acceptable for<br />
mortgage insurance. However, the HOCs have the authority to consider waivers<br />
in areas where cisterns are typical.<br />
• New wells must be drilled, no less than 20 feet deep, and cased. Casing should<br />
be steel or other casing material that is durable, leak-proof, and acceptable to<br />
(either) the local health authority and (or) the trade or profession licensed to drill<br />
and repair wells in the local jurisdiction.<br />
• Individual Residential Water Purification Equipment-if a property is otherwise<br />
eligible for insurance but does not have access to a continuing supply of safe and<br />
potable water without the use of a water purification system, the requirements in<br />
Mortgagee Letter 92-18 and 95-34 must be satisfied.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 214 of 217<br />
Correspondent Seller Guide
Closing and <strong>Loan</strong> Settlement Documentation, Continued<br />
Water Systems,<br />
(continued)<br />
Well Waivers<br />
Existing<br />
Construction<br />
Shared Wells<br />
Shared wells may serve existing properties which cannot feasibly be connected to an<br />
acceptable public or community water supply system. A shared well shall have a<br />
valve on each dwelling service line as it leaves the well. A shared well shall service<br />
no more than four living units or properties. A shared well must have a shared well<br />
agreement and shall be binding upon signatory parties and their successors in title.<br />
More information on this agreement can be referenced in HUD handbook 4150.1<br />
Rev-1, Section 12-16.<br />
Connection to a Public Water System<br />
• <strong>The</strong> appraiser is required to report on the availability of connection to public<br />
and/or community water system.<br />
• <strong>The</strong> lender is responsible for the determination of the feasibility for requiring<br />
connection.<br />
• Generally, connection must be made to a public water system or community<br />
water system if connection costs to the public or community system are<br />
reasonable (3% or less of the estimated value of the property.)<br />
• A written estimate for the cost of connection must be obtained before the<br />
underwriter may waive this condition. If connection costs exceed 3%, the<br />
existing on-site systems will be acceptable provided they are functioning properly<br />
and meet the requirements of the local health department. If no connection is<br />
required, the loan must be sent back to underwriting for re-evaluation.<br />
• <strong>FHA</strong> allows for a lesser distance from the well to the soil poisoned area (25 feet to<br />
15 feet) and drain field (100 feet to 50 feet) if there is an impervious strata of clay,<br />
hardpan, or rock.<br />
• <strong>The</strong> DE underwriter may accept these lesser distances with the proper supporting<br />
documentation such as evidence that the ground surface is effectively separated<br />
by an impervious strata, a professional drawing, and a “clear” water test. <strong>The</strong>se<br />
items must be placed in the <strong>FHA</strong> case binder. In this instance a Waiver is not<br />
required.<br />
• <strong>The</strong> following exhibits are acceptable:<br />
• a well driller’s log evidencing that the ground surface is effectively separated<br />
by an impervious strata, or. a subsurface evaluation letter from either the local<br />
Water Management District or Heath Department or from a qualified well<br />
installer provided they clearly show data which would have been revealed by<br />
the well driller’s log.<br />
• the professional drawing must indicate the distance from the subject well to<br />
the septic tank, lot-line, drain field and chemically poisoned soil on the subject<br />
site as well as all adjacent adjoining and contiguous sites. If there are no<br />
improvements on the neighboring lots, the notation of “vacant” on the drawing<br />
is adequate.<br />
• the water must be tested to insure the maximum allowable contamination<br />
levels for lead, nitrates, nitrites, total nitrate/nitrite, and fecal and total coliform<br />
are not exceeded regardless of local stipulations unless they are more<br />
stringent. Also adhere to conditions mandated by state and local<br />
governments as they pertain to additional impurities.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 215 of 217<br />
Correspondent Seller Guide
Closing and <strong>Loan</strong> Settlement Documentation, Continued<br />
Well Waivers<br />
Existing<br />
Construction,<br />
(continued)<br />
Well Waiver,<br />
New<br />
Construction<br />
Well/Septic With Lesser Distances:<br />
• <strong>The</strong> <strong>FHA</strong> Regional Homeownership Centers will accept waiver requests for<br />
review, on a case-by case basis, in which the distance from the well is less than<br />
15 feet, the septic tank is less than 50 feet, the septic drainfield is less than 50<br />
feet and, the lot line is less than 10 feet if these distances are acceptable to the<br />
local governing entity.<br />
• <strong>The</strong> items listed below are required to submit a waiver request to <strong>FHA</strong>.<br />
• DE Underwriter’s determination that there is adequate justification to request<br />
a waiver. <strong>The</strong> underwriter must submit a written request (no faxes) indicating<br />
what is to be waived along with legible copies of the exhibits.<br />
• Appraisal (minus the certification pages) showing the availability and<br />
feasibility of connecting to public water and/or sewer.<br />
• Evidence indicating the depth of the extensive, continuous impervious strata.<br />
(Not required for well to lot line waiver unless the distance from the well to any<br />
potential source of pollution is less than the prescribed minimum distances as<br />
shown in the chart.)<br />
• Professional drawing with all notations as shown above.<br />
• Clear water test as shown above.<br />
• Evidence from the State that lab is approved to test for required parameters.<br />
• Evidence from the Health Department of acceptance of the well in relation to<br />
the soil-poisoned area, septic tank and drainfield.<br />
• Termite report (well to soil poisoned area)<br />
• A letter from the utility company acknowledging the well will not hinder their<br />
normal operations, if the well is located in a utility easement.<br />
Note: Copies of the HOC approval and supporting data must be in the case<br />
binder prior to submission for endorsement.<br />
• Distances from the well to potential sources of pollution for new construction<br />
properties may not be less than those prescribed in the table. Consequently, the<br />
HOC will not accept any request for a waiver. (This includes properties that are<br />
existing but less than one-year old.)<br />
• Lesser distances for the soil poisoned area (25 feet to 15 feet) and drainfield<br />
(100 feet to 50 feet), if there is impervious strata of clay, hardpan or rock. <strong>The</strong><br />
DE Underwriter may accept these lesser distances with the proper supporting<br />
documentation without a request for a HUD waiver.<br />
Continued on next page<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 216 of 217<br />
Correspondent Seller Guide
Closing and <strong>Loan</strong> Settlement Documentation, Continued<br />
Well Waiver,<br />
New<br />
Construction,<br />
(continued)<br />
• Copies of the following exhibits must be placed in the case binder prior to<br />
submission for endorsement.<br />
• Evidence indicating the depth of the extensive, continuous impervious strata.<br />
(see acceptable documentation previously shown.)<br />
• Professional drawing with all notations as shown above.<br />
• Clear water test as shown above.<br />
• Evidence from the State that lab is approved to test for required parameters.<br />
• Evidence from the Health Department of acceptance of the well in relation to<br />
the soil-poisoned area, septic tank and drainfield.<br />
• A letter from the utility company acknowledging the well will not hinder their<br />
normal operations, if the well is located in a utility easement.<br />
Section 2.22 July 27, 2012<br />
<strong>FHA</strong> <strong>203</strong>(b) <strong>Loan</strong> <strong>Program</strong> Page 217 of 217<br />
Correspondent Seller Guide