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Strombotne Law Firm
Real Estate Legal Update
NEW HELP FROM FHA FOR UNDERWATER HOMEOWNERS
March 2010
On March 26, 2010, the Obama Administration announced adjustments to the Federal Housing Administration (FHA) program that will seek to address one of the major drivers of foreclosure: borrowers who are financially underwater in their home mortgages.
The new FHA Refinancing program will permit lenders to provide additional refinancing options to homeowners who owe more than their home is worth because of large declines in home prices in their local markets. These adjustments will provide more opportunities for qualifying mortgage loans to be restructured and/or refinanced, and should be available by the fall of 2010.
FHA Refinance Option for Underwater Homeowners
· Participating lenders must write-down the principle balance due on the loan by a minimum of 10% of the unpaid balance of the original loan.
· The interest rate on the new loan must be reduced to the current low FHA interest rate
· Total monthly mortgage payment, including for second mortgage, must not be greater than 31% of income, and total debt service including all forms of household debt must not be greater than 50% except for some borrowers with especially strong credit histories.
· The new FHA loan must be equal to no more than 97.75% of the value of the home
· If there is an existing mortgage that is not extinguished, holders must agree to re-subordinate and write off any amount over 115% of the current value of the home
· Standard FHA mortgage insurance premium structure will apply
· As with any loan forgiveness, the short refinancing should be reflected on borrowers’ credit score
Existing lenders/investors holding the first lien must agree to the principal write-down requirement. Thus, not all homeowners who meet above criteria will receive an FHA refinanced loan.
Homeowner Eligibility
· Homeowners must be current on their existing mortgage payment
· Homeowner must occupy the home as their primary residence and fully document their income
· Homeowners must qualify under standard FHA underwriting guidelines
· Homeowners must have a FICO credit score of at least 500
· This program is available to homeowners with mortgages that are not currently insured by the FHA.
Lender Incentives
Up to $14 billion in TARP funds will be made available for incentives to support write-downs of second liens and encourage participation by servicers as well as the provision of coverage for some share of potential losses on loans. TARP funds will be used to provide coverage for a share of losses on loans up to a specified amount. The FHA will provide remaining loss coverage up to the maximum insurance coverage. Thus, the new lender will have a loan that is backed by the United States for up to 97.75% of the home value, as with other FHA refinance loans.
Tracy Pina
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