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We are your local refinance specialists and
will work hard to search and find the best rate from our network
of wholesale lenders and banks to achieve your family’s needs
and goals, every time.
Pre-Qualification is Critical
In
today’s mortgage market obtaining a Pre-Approval is of utmost
importance before you start your home shopping process. Most
Realtors require a Pre-Approval letter from a mortgage broker or
lender before they will schedule any viewing appointments.
Obtaining a
Pre-Approval and Pre-Approval letter is a fairly easy process.
We recommend to first gather all the necessary requirements for
our lenders and/or banks to render an accurate decision. But if
you would like to know today, if you qualify for a loan, call us
now to conduct a short interview with our licensed Broker at
949-378-6550.
Today’s Mortgage Market
Today’s mortgage market is a lot like the
turbulent times of the Wild West and that is no exaggeration!
The sub prime (less than best credit) market is gone and so are
stated income loans. Jumbo loan programs are not yet beneficial
for homeowners to refinance with lender’s high interest rates
still being offered. Home Values have diminished further eroding
home equity and opportunities to refinance. But new programs
have been launched to come to the rescue! Lenders are extremely
selective on the loans they will fund so it is important to
collect everything required up front. The old question often
asked to brokers and lenders during the boom times was, “what’s
your rate?!” Now the question is, “do you qualify while showing
proof of income?”
Now the good news…there are
great mortgage opportunities for homeowners or potential
homeowners to consider!
Fannie Mae and FHA-Making
Homes Affordable Program- Refi Plus 949-378-6550
Loan Modifications-Call us
to see what your lender is offering! 949-378-6550
Short Sales-Make a clean
break away from your unaffordable mortgage for free!
949-378-6550
Senior Citizens- The Reverse
Mortgage(HECM) 949-378-6550
All these options are
available to review on our web site.
Senior Citizens, HECM or Reverse Mortgages
Looking for housing options for yourself, an
aging parent, relative, or friend? A reverse mortgage may be
right for your situation.![[Photo: A senior couple]](refinance-center_files/image002.jpg)
The loan, commonly known as Home Equity
Conversion Mortgage or HECM, is originated by a lending
institution such as a mortgage lender, bank, credit union or
savings and loan association. Senior homeowners age 62 and older
can use FHA-insured reverse mortgages to convert the equity in
their homes into monthly streams of income and/or a line of
credit to be repaid when they no longer occupy the homes.
Homeowners are required to receive consumer education and
counseling by a
HUD-Approved counselor so they can be sure this program
meets their needs.
HECM counselors will discuss program
eligibility, financial implications and alternatives to
obtaining a HECM plus provisions for the mortgage becoming due
and payable. Upon the completion of HECM counseling, you should
be able to make an independent, informed decision of whether
this product will meet your needs.
Borrower Requirements:
-
Must be age 62 years or older,
-
Own the property outright or have a small mortage balance,
-
Live in the property as primary residence,
-
Not be delinquent on any federal debt, and
-
Participate in a consumer information session with a
HUD-approved HECM counselor.
Mortgage Amount Based On:
-
Age of the youngest borrower.
-
Current interest rate.
-
Lesser of the appraised value or the HECM FHA mortgage
limit.
Financial Requirements:
-
No income or credit qualifications are required of the
borrower.
-
No repayment as long as the property is the primary
residence.
-
Closing costs may be financed into the mortgage.
Property Requirements:
-
Single family or 2-to 4-unit home with one unit occupied by
the borrower (which can also be FHA-approved condominiums or
manufactured homes and leased land).
-
Meet FHA property standards and flood requirements.
How FHA's Reverse Mortgage Program Works
Homeowners 62 and older who have paid off
their mortgages or have only small mortgage balances remaining,
and are currently living in the home, are eligible to
participate in FHA's reverse mortgage program. The program
allows homeowners to borrow against the equity in their homes.
Homeowners can select from five
payment plans:
-
Tenure
- equal monthly payments as long as at least one borrower
lives and continues to occupy the property as a principal
residence.
-
Term
- equal monthly payments for a fixed period of months
selected.
-
Line of Credit
- unscheduled payments or in installments, at times and
amounts of borrower's choosing until the line of credit is
exhausted.
-
Modified Tenure
- combination of line of credit with monthly payments for as
long as the borrower remains in the home.
-
Modified Term
- combination of line of credit with monthly payments for a
fixed period of months selected by the borrower.
Homeowners whose circumstances change may be
able to restructure their payment options for a nominal fee of
$20. Please consult your lender for more information.
Unlike ordinary home equity loans, an
FHA-insured reverse mortgage does not require repayment as long
as the home is the borrower's principal residence. Lenders
recover principal, plus interest, when the home is sold. If any
home equity remains after sale, the remaining value of the home
goes to the homeowner, estate or heirs. You can never owe more
than your home's value when sold.
If the sales proceeds are insufficient to pay
the amount owed, HUD will pay the lender the amount of the
shortfall. The Federal Housing Administration (FHA) collects an
insurance premium from all borrowers to provide this coverage.
The amount you can borrow depends on your age,
the current interest rate, other loan fees, and the appraised
value of your home or FHA's HECM mortgage limit for your area,
whichever is less. Generally, the more valuable your home is,
the older you are, and the lower the interest, the more you can
borrow. If there is more than one owner, the age of the youngest
owner is used to determine the amount you can borrow. For an
estimate of HECM cash benefits based on your age, home value,
and current interest rate, go to the online
calculator.
For example, based on a loan with interest
rates of approximately 9%, and a home qualifying for $100,000, a
65-year-old could borrow up to 34% of the home's value; a
75-year-old could borrow up to 47% of the home's value; and, an
85-year-old could borrow up to 64% of the home's value. The
percentages do not include closing costs because these charges
vary.
There are no asset or income limitations in
order for you to be eligible for a HECM. In addition, there is
no limit on the value of homes qualifying for a HECM. The value
of your home will be determined by an appraisal. However, the
amount that you may borrow is derived from the lower of the
appraised value or the FHA HECM mortgage limit for your area.
Under the American Recovery and Reinvestment Act of 2009 (ARRA),
the national FHA loan limit for HECM increased from $417,000 to
$625,500 (from 100 percent to 150 percent of the conforming
limit). The change in loan limits is applicable to all
FHA-insured mortgage loans originated until December 31, 2009.
You are charged an upfront insurance premium of 2 percent of the
maximum claim amount that may be borrowed plus a 0.5 percent
annual premium.
HECM Costs
You can pay for most of the costs of a HECM by
financing them and having them paid from the proceeds of the
loan. Financing the costs means that you do not have to pay for
them out of your pocket. On the other hand, financing the costs
reduces the net loan amount available to you.
The HECM loan includes several fees, including
an origination fee, closing costs, mortgage insurance premium,
interest and servicing fees.
Origination Fee
You will pay an origination fee to compensate
the lender for processing your HECM loan. A lender can charge a
HECM origination fee up to $2,500 if your home is valued at less
than $125,000. If your home is valued at more than $125,000
lenders can charge 2% of the first $200,000 of your home's value
plus 1% of the amount over $200,000. HECM origination fees are
capped at $6,000.
Closing Costs
Closing costs from third parties can include
an appraisal, title search and insurance, surveys, inspections,
recording fees, mortgage taxes, credit checks and other fees.
Mortgage Insurance Premium (MIP)
You will incur a cost for HECM insurance. You
can finance the mortgage insurance premium (MIP) as part of your
loan. You will be charged an upfront MIP at closing which will
be 2% of the lesser of your home's value or the FHA HECM
mortgage limit for your area. You will also be charged a monthly
MIP that equals 0.5% of the mortgage balance.
The HECM insurance guarantees that you will
receive expected loan advances and that you will not have to
repay the loan for as long as you live in your home. The
insurance also guarantees that, if you or your heirs sell your
home to repay the loan, your total debt can never be greater
than the value of your home.
Servicing Fee
Lenders or their agents provide servicing
throughout the life of the HECM. Servicing includes sending you
account statements, disbursing loan proceeds and making certain
that you keep up with loan requirements such as paying taxes and
insurance. HECM lenders may charge a monthly servicing fee of no
more than $30 if the loan has an annually adjusting interest
rate and $35 if the interest rate adjusts monthly. At loan
origination, HECM lenders set aside the servicing fee and deduct
the fee from your available funds. Each month the monthly
servicing fee is added to your loan balance.
Interest Rate
HECM borrowers can choose an adjustable
interest rate or a fixed rate. If you choose an adjustable
interest rate, you may choose to have the interest rate adjust
monthly or annually. Lenders may not adjust annually adjusted
HECMs by more than 2 percentage points per year and not by more
than 5 total percentage points over the life of the loan. FHA
does not require interest rate caps on monthly adjusted HECMs.
Repaying a HECM
A HECM loan must be repaid in full when you
die or sell the home. The loan also becomes due and payable if:
-
You do not pay property taxes or hazard insurance or violate
other obligations.
-
You permanently move to a new principal residence.
-
You, or the last borrower, fail to live in the home for 12
months in a row. An example of this situation would be if
you (or the last borrower) were to have a 12-month or longer
stay in a nursing home.
-
You allow the property to deteriorate and do not make
necessary repairs.
Need answers to additional questions
about FHA-insured Reverse
Mortgages (HECMs)? Call today 949-378-6550.
Fannie Mae Refinance
The
Making Home Affordable program announced by the Department of
the Treasury on March 4, 2009, includes a new initiative – Home
Affordable Refinance – to provide refinance opportunities to
borrowers with mortgages held or guaranteed by Fannie Mae. This
initiative is for borrowers who have demonstrated an acceptable
payment history on their mortgage but due to a decline in home
prices or where mortgage insurance (MI) is not available, have
been unable to refinance to obtain a lower payment or move to a
more stable product. The Federal Housing Finance Agency (FHFA)
has also provided greater flexibility to Fannie Mae to implement
this refinance initiative.
Fannie Mae is announcing new refinance options to achieve the
goals set out for this initiative and to incorporate additional
flexibilities provided by FHFA. Importantly, the maximum
loan-to-value (LTV) ratio for refinance mortgage loans under
this initiative will be expanded to 105 percent, and MI
requirements will be significantly relaxed to assist borrowers
who have experienced home price declines. Call us today to see
if you can refinance! 949-378-6550.
FHA Streamline Refinance
FHA has permitted streamline refinances on
insured mortgages since the early 1980's. The "streamline"
refers only to the amount of documentation and underwriting that
needs to be performed by the lender, and does not mean that
there are no costs involved in the transaction. The basic
requirements of a streamline refinance are:
-
The mortgage to be refinanced must already be FHA-insured.
-
The mortgage to be refinanced should be current (not
delinquent).
-
The refinance is to result in a lowering of the borrower's
monthly principal and interest payments.
-
No cash may be taken out on mortgages refinanced using the
streamline refinance process.
Lenders may offer streamline refinances in
several ways. Some lenders offer "no cost" refinances (actually,
no out-of-pocket expenses to the borrower) by charging a higher
rate of interest on the new loan than if the borrower financed
or paid the closing costs in cash. From this premium, the lender
pays any closing costs that are incurred on the transaction.
Lenders may offer streamline refinances and
include the closing costs into the new mortgage amount. This can
only be done if there is sufficient equity in the property, as
determined by an appraisal. Streamline refinances can also be
done without appraisals, but the new loan amount cannot exceed
the original loan amount. Investment properties (properties in
which the borrower does not reside in as his or her principal
residence) may only be refinanced without an appraisal.
WHAT IF I AM BEHIND OR A
DELINQUENT FHA HOMEOWNER?
THIS NEW FEDERAL FHA
MODIFICATION PROGRAM MAY BE FOR YOU:
July 30,
2009 FHA
MORTGAGEE LETTER 2009-23
SUBJECT: Making Home Affordable Program:
FHA’s Home Affordable Modification Loss Mitigation Option
On
May 20, 2009, the President signed the “Helping Families Save
Their Homes Act of 2009.” This new law provides the Federal
Housing Administration (FHA) with additional loss mitigation
authority to assist FHA mortgagors under the Making Home
Affordable Program (MHA). The MHA Program is designed to help
homeowners retain their homes and to prevent the destructive
impact of foreclosures on families and communities.
One
key component of MHA provides homeowners the opportunity to
reduce their mortgage payments by the use of a loan modification
through the Home Affordable Modification Program. When
initially introduced to the public, MHA excluded FHA insured
mortgages, stating that FHA would develop its own standalone
program. This Mortgagee Letter announces a new FHA Loss
Mitigation option, the FHA-Home Affordable Modification Program
(FHA-HAMP). FHA-HAMP will provide homeowners in default a
greater opportunity to reduce their mortgage payments to a
sustainable level. This Mortgagee Letter is effective August
15, 2009.
Basic Program Guidelines
The new FHA-HAMP authority will allow the use of a partial claim
up to 30 percent of the unpaid principal balance as of the date
of default combined with a loan modification. The objective of
FHA-HAMP is to assist FHA mortgagors who are in default to
modify their mortgage to an affordable payment. According to
Mortgagee Letter 2000-05 and subsequent guidance, disposition
options (pre-foreclosure sales and deeds-in lieu of foreclosure)
are available immediately upon default, if the cause of the
default is incurable, i.e. the borrower has no realistic
opportunity to replace the lost income or reduce expenses
sufficiently to meet the mortgage obligation.
To
confirm if the mortgagor is capable of making the new FHA-HAMP
payment, the mortgagor must successfully complete a trial
payment plan. The trial payment plan shall be for a three month
period and the mortgagor must make each scheduled payment on
time. The mortgagor’s monthly payment required during the trial
payment plan must be the amount of the future modified mortgage
payment. The Mortgagee must service the mortgage during the
trial period in the same manner as it would service a mortgage
in forbearance. If the mortgagor does not successfully complete
the trial payment plan by making the three payments on time, the
mortgagor is no longer eligible for FHA-HAMP. Prior to
proceeding to foreclosure, the Mortgagee must re-examine and
re-evaluate the borrower’s financial condition and confirm that
none of FHA’s other Loss Mitigation options could assist the
mortgagor.
The
attachment to this Mortgage Letter supplements program
guidelines for FHA-HAMP, including a requirement that the
servicer obtain an executed Hardship Affidavit (available at
https://www.hmpadmin.com/portal/docs/mod_docs/hamphardshipaffidavit.pdf)
from every mortgagor and co-mortgagor seeking an FHA-HAMP.
FHA-HAMP is a permanent addition to HUD’s Loss Mitigation
Program as of the date of this Mortgagee Letter.
Debt to Income Ratios
To
be eligible under FHA-HAMP, the front end debt to income ratio
must be as close as possible, but not less than, 31 percent.
This ratio is defined as the total monthly mortgage payment
(PITI) for the modified mortgage divided by the mortgagor’s
gross monthly income (the “Front End Ratio”). The back end debt
to income ratio must not exceed 55 percent and is defined as the
total monthly mortgage payment plus all recurring monthly debt
divided by the mortgagor’s gross monthly income (the “Back End
Ratio”). Please refer to the sections in the Attachment
regarding Underwriting – Front End and Back End Debt to Income
Ratios.
Calculation of Maximum
Partial Claim Amount under FHA-HAMP
The maximum
partial claim amount under FHA-HAMP consists of the sum of (i)
arrearages, (ii) legal fees and foreclosure costs related to a
canceled foreclosure action and (iii) principal reduction.
Arrearages that may be included in the partial claim shall not
exceed 12 months of PITI. The maximum partial claim amount
under FHA-HAMP is 30 percent of the outstanding principal
balance as of the date of default. The principal deferment on
the modified mortgage is determined by multiplying the
outstanding principal balance by 30 percent and then reducing
that amount by arrearages advanced to cure the default for up to
12 months PITI, and any foreclosure costs incurred to that point
subject to the requirements provided in Mortgagee Letter
2008-21. The principal deferment amount for a specific case
shall be limited to such an amount that will bring the
mortgagor(s) total monthly mortgage payment to 31 percent of
gross monthly income.
Example
Mortgagor had a reduction of income and is delinquent 3 full
mortgage payments. The unpaid principal balance on the mortgage
on the date of default is $150,000 and the monthly payment is
$1,220 (consisting of P&I of $920 and escrows, including MIP, of
$300). The financial analysis reveals that the mortgagor’s gross
monthly income is $3,500 and the total monthly other recurring
debt payments are $800.
In
order to fulfill the 31% Front End Ratio requirement, the
mortgagor(s) total monthly mortgage payment would have to be
reduced to $1,085 ($3,500 x 31%). Therefore, P&I would have to
be reduced to $785 ($1,085 total monthly mortgage payment less
$300 escrow and MIP). Assuming that the loan modification will
have an interest rate of 6% and a P&I of $785, the new mortgage
amount would have to be $130,931, resulting in a principal
reduction of $19,069 ($150,000 unpaid principal balance less
$130,931). In this example, the mortgagor’s Back End ratio is
53.9% ($1,885/$3,500), which satisfies the 55% Back End Ratio
limitation.
In
this example, the maximum principal deferment is $41,340 (30% of
$150,000, less the $3,660 delinquency, or $45,000 - $3,660).
However, based on their gross income, mortgagor is eligible only
for a principal deferment of $19,069 plus $3,660 arrearages
(which would include any foreclosure costs incurred to that
point, in accord with Mortgagee Letter 2008-21) for the total
Partial Claim of $22,729.
Requirements to Use
FHA-HAMP
FHA-HAMP can be utilized only if the mortgagor(s) does not
qualify for current loss mitigation home retention options
(priority order FHA Special Forbearance, Loan Modification and
Partial Claim) under existing guidelines (ML 2008-21, 2003-19,
2002-17, 2000-05). To qualify for the FHA-HAMP program,
Mortgagees must evaluate the defaulted mortgage for loss
mitigation actions using the aforementioned priority order.
According to Mortgagee Letter 2000-05 and subsequent guidance,
disposition options (pre-foreclosure sales and deeds-in lieu of
foreclosure) are available immediately upon default, if the
cause of the default is incurable, i.e. the borrower has no
realistic opportunity to replace the lost income or reduce
expenses sufficiently to meet the mortgage obligation.
If
the mortgagor does not successfully execute the loan
modification, the mortgagor is no longer eligible for FHA-HAMP.
In such cases, per 24 CFR 203.355, the Mortgagee must
re-evaluate the mortgagor’s eligibility for the other
appropriate loss mitigation actions prior to commencing or
continuing a foreclosure.
Mortgagee Incentives
Mortgagees that utilize FHA-HAMP are eligible to receive
incentive payments. Mortgagees utilizing this initiative will
be allowed to first file for a partial claim (to bring the loan
current and defer principal where appropriate), followed by a
loan modification claim (claim type 32). Under FHA-HAMP, the
Mortgagee may receive an incentive fee of up to $1,250. This
total includes $500 for the partial claim and $750 for the loan
modification. Mortgagees may also claim up to $250 for
reimbursement for a title search and/or recording fees.
Partial Claim Filing and
Document Delivery
Mortgagees must file a claim for insurance benefits for the
partial claim within the 60-day timeframe stated in ML 2003-19
to receive incentive fees for the FHA-HAMP loss mitigation
action. Any previous outstanding partial claim(s) must be
subordinated and the mortgage company must provide HUD’s
Secretary-Held servicing contractor (see ‘Remittance’ below)
with a subordination agreement to request subordination.
Monitoring
FHA will monitor Mortgagees for compliance
with the terms of this Mortgagee Letter and will take
administrative actions, including sanctions and penalties,
against all parties for non-compliance.
Remittance
Please note that
all provisions described in the aforementioned existing
guidelines, such as Repayment Terms, Option Failure and
Disclosures apply also, except as specifically changed under
FHA-HAMP.
Mortgagees must forward all required documentation, including
subordination requests, and advise all parties to send any
payments for the Partial Claims to HUD’s Secretary-Held Assets
Servicing Contractor which is currently located at:
C&L Service Corp. / Morris-Griffin Corp.
2488 East 81st Street, Suite 700
Tulsa, Oklahoma 74137
Toll Free Phone: (866)
377-8667 Toll Free Fax: (866) 249-0626
Local: (918)
551-5300 Local Fax: (918) 551-5399
Current information about
the Secretary-Held Assets Servicing Contractor is located at:
http://www.hud.gov/offices/hsg/sfh/nsc/fmaddr.cfm
Any questions
regarding this Mortgagee Letter may be directed to HUD’s
National Servicing Center (NSC) at 888-297-8685 or
hsg-lossmit@hud.gov. Persons with hearing or speech
impairments may reach this number via TDD/TTY by calling
1-877-TDD-2HUD (1-877-833-2483).
Loan Modifications
You hear and
see it everywhere… “Loan Modifications,” what is it?
A homeowner who is upside
down or unable to refinance, may want to look into a loan
modification. A loan modification is any change in loan terms; a
loan workout with the lender through negotiations. Such loan
changes of allowing the borrower new terms are included but not
limited to: Reducing the rate slightly or significantly,
allowing missed payments to be waived, adding missed payments to
the loan balance, principle reduction, locking the rate from
adjustable to a fixed rate and finally, a graduated rate or
payment plan. (Example of a graduated rate plan: Fixed rate of
3% for three years, 4% fixed for the fourth year and 5% fixed
for years five through thirty.) Call us today to see what your
specific lender may do for you! 949-378-6550
DELINQUENT FHA
HOMEOWNERS-
July 30,
2009 FHA
MORTGAGEE LETTER 2009-23
SUBJECT: Making Home Affordable Program:
FHA’s Home Affordable Modification Loss Mitigation Option
On
May 20, 2009, the President signed the “Helping Families Save
Their Homes Act of 2009.” This new law provides the Federal
Housing Administration (FHA) with additional loss mitigation
authority to assist FHA mortgagors under the Making Home
Affordable Program (MHA). The MHA Program is designed to help
homeowners retain their homes and to prevent the destructive
impact of foreclosures on families and communities.
One
key component of MHA provides homeowners the opportunity to
reduce their mortgage payments by the use of a loan modification
through the Home Affordable Modification Program. When
initially introduced to the public, MHA excluded FHA insured
mortgages, stating that FHA would develop its own standalone
program. This Mortgagee Letter announces a new FHA Loss
Mitigation option, the FHA-Home Affordable Modification Program
(FHA-HAMP). FHA-HAMP will provide homeowners in default a
greater opportunity to reduce their mortgage payments to a
sustainable level. This Mortgagee Letter is effective August
15, 2009.
Basic Program Guidelines
The new FHA-HAMP authority will allow the use of a partial claim
up to 30 percent of the unpaid principal balance as of the date
of default combined with a loan modification. The objective of
FHA-HAMP is to assist FHA mortgagors who are in default to
modify their mortgage to an affordable payment. According to
Mortgagee Letter 2000-05 and subsequent guidance, disposition
options (pre-foreclosure sales and deeds-in lieu of foreclosure)
are available immediately upon default, if the cause of the
default is incurable, i.e. the borrower has no realistic
opportunity to replace the lost income or reduce expenses
sufficiently to meet the mortgage obligation.
To
confirm if the mortgagor is capable of making the new FHA-HAMP
payment, the mortgagor must successfully complete a trial
payment plan. The trial payment plan shall be for a three month
period and the mortgagor must make each scheduled payment on
time. The mortgagor’s monthly payment required during the trial
payment plan must be the amount of the future modified mortgage
payment. The Mortgagee must service the mortgage during the
trial period in the same manner as it would service a mortgage
in forbearance. If the mortgagor does not successfully complete
the trial payment plan by making the three payments on time, the
mortgagor is no longer eligible for FHA-HAMP. Prior to
proceeding to foreclosure, the Mortgagee must re-examine and
re-evaluate the borrower’s financial condition and confirm that
none of FHA’s other Loss Mitigation options could assist the
mortgagor.
The
attachment to this Mortgage Letter supplements program
guidelines for FHA-HAMP, including a requirement that the
servicer obtain an executed Hardship Affidavit (available at
https://www.hmpadmin.com/portal/docs/mod_docs/hamphardshipaffidavit.pdf)
from every mortgagor and co-mortgagor seeking an FHA-HAMP.
FHA-HAMP is a permanent addition to HUD’s Loss Mitigation
Program as of the date of this Mortgagee Letter.
Debt to Income Ratios
To
be eligible under FHA-HAMP, the front end debt to income ratio
must be as close as possible, but not less than, 31 percent.
This ratio is defined as the total monthly mortgage payment
(PITI) for the modified mortgage divided by the mortgagor’s
gross monthly income (the “Front End Ratio”). The back end debt
to income ratio must not exceed 55 percent and is defined as the
total monthly mortgage payment plus all recurring monthly debt
divided by the mortgagor’s gross monthly income (the “Back End
Ratio”). Please refer to the sections in the Attachment
regarding Underwriting – Front End and Back End Debt to Income
Ratios.
Calculation of Maximum
Partial Claim Amount under FHA-HAMP
The maximum
partial claim amount under FHA-HAMP consists of the sum of (i)
arrearages, (ii) legal fees and foreclosure costs related to a
canceled foreclosure action and (iii) principal reduction.
Arrearages that may be included in the partial claim shall not
exceed 12 months of PITI. The maximum partial claim amount
under FHA-HAMP is 30 percent of the outstanding principal
balance as of the date of default. The principal deferment on
the modified mortgage is determined by multiplying the
outstanding principal balance by 30 percent and then reducing
that amount by arrearages advanced to cure the default for up to
12 months PITI, and any foreclosure costs incurred to that point
subject to the requirements provided in Mortgagee Letter
2008-21. The principal deferment amount for a specific case
shall be limited to such an amount that will bring the
mortgagor(s) total monthly mortgage payment to 31 percent of
gross monthly income.
Example
Mortgagor had a reduction of income and is delinquent 3 full
mortgage payments. The unpaid principal balance on the mortgage
on the date of default is $150,000 and the monthly payment is
$1,220 (consisting of P&I of $920 and escrows, including MIP, of
$300). The financial analysis reveals that the mortgagor’s gross
monthly income is $3,500 and the total monthly other recurring
debt payments are $800.
In
order to fulfill the 31% Front End Ratio requirement, the
mortgagor(s) total monthly mortgage payment would have to be
reduced to $1,085 ($3,500 x 31%). Therefore, P&I would have to
be reduced to $785 ($1,085 total monthly mortgage payment less
$300 escrow and MIP). Assuming that the loan modification will
have an interest rate of 6% and a P&I of $785, the new mortgage
amount would have to be $130,931, resulting in a principal
reduction of $19,069 ($150,000 unpaid principal balance less
$130,931). In this example, the mortgagor’s Back End ratio is
53.9% ($1,885/$3,500), which satisfies the 55% Back End Ratio
limitation.
In
this example, the maximum principal deferment is $41,340 (30% of
$150,000, less the $3,660 delinquency, or $45,000 - $3,660).
However, based on their gross income, mortgagor is eligible only
for a principal deferment of $19,069 plus $3,660 arrearages
(which would include any foreclosure costs incurred to that
point, in accord with Mortgagee Letter 2008-21) for the total
Partial Claim of $22,729.
Requirements to Use
FHA-HAMP
FHA-HAMP can be utilized only if the mortgagor(s) does not
qualify for current loss mitigation home retention options
(priority order FHA Special Forbearance, Loan Modification and
Partial Claim) under existing guidelines (ML 2008-21, 2003-19,
2002-17, 2000-05). To qualify for the FHA-HAMP program,
Mortgagees must evaluate the defaulted mortgage for loss
mitigation actions using the aforementioned priority order.
According to Mortgagee Letter 2000-05 and subsequent guidance,
disposition options (pre-foreclosure sales and deeds-in lieu of
foreclosure) are available immediately upon default, if the
cause of the default is incurable, i.e. the borrower has no
realistic opportunity to replace the lost income or reduce
expenses sufficiently to meet the mortgage obligation.
If
the mortgagor does not successfully execute the loan
modification, the mortgagor is no longer eligible for FHA-HAMP.
In such cases, per 24 CFR 203.355, the Mortgagee must
re-evaluate the mortgagor’s eligibility for the other
appropriate loss mitigation actions prior to commencing or
continuing a foreclosure.
Mortgagee Incentives
Mortgagees that utilize FHA-HAMP are eligible to receive
incentive payments. Mortgagees utilizing this initiative will
be allowed to first file for a partial claim (to bring the loan
current and defer principal where appropriate), followed by a
loan modification claim (claim type 32). Under FHA-HAMP, the
Mortgagee may receive an incentive fee of up to $1,250. This
total includes $500 for the partial claim and $750 for the loan
modification. Mortgagees may also claim up to $250 for
reimbursement for a title search and/or recording fees.
Partial Claim Filing and
Document Delivery
Mortgagees must file a claim for insurance benefits for the
partial claim within the 60-day timeframe stated in ML 2003-19
to receive incentive fees for the FHA-HAMP loss mitigation
action. Any previous outstanding partial claim(s) must be
subordinated and the mortgage company must provide HUD’s
Secretary-Held servicing contractor (see ‘Remittance’ below)
with a subordination agreement to request subordination.
Monitoring
FHA will monitor Mortgagees for compliance
with the terms of this Mortgagee Letter and will take
administrative actions, including sanctions and penalties,
against all parties for non-compliance.
Remittance
Please note that
all provisions described in the aforementioned existing
guidelines, such as Repayment Terms, Option Failure and
Disclosures apply also, except as specifically changed under
FHA-HAMP.
Mortgagees must forward all required documentation, including
subordination requests, and advise all parties to send any
payments for the Partial Claims to HUD’s Secretary-Held Assets
Servicing Contractor which is currently located at:
C&L Service Corp. / Morris-Griffin Corp.
2488 East 81st Street, Suite 700
Tulsa, Oklahoma 74137
Toll Free Phone: (866)
377-8667 Toll Free Fax: (866) 249-0626
Local: (918)
551-5300 Local Fax: (918) 551-5399
Current information about
the Secretary-Held Assets Servicing Contractor is located at:
http://www.hud.gov/offices/hsg/sfh/nsc/fmaddr.cfm
Any questions
regarding this Mortgagee Letter may be directed to HUD’s
National Servicing Center (NSC) at 888-297-8685 or
hsg-lossmit@hud.gov. Persons with hearing or speech
impairments may reach this number via TDD/TTY by calling
1-877-TDD-2HUD (1-877-833-2483).
Short Sale
A
short sale is defined as an over encumbered property whereby the
homeowner is usually is serious default and bank has the
decision to either foreclose against the homeowner or settle for
less than what is owed with a new buyer. A great time to make
this important decision to short sale the house is if the lender
has issued a Notice of Default. The Notice of Default starts
the clock of the intent to foreclose 90-120 days. A short sale
is less detrimental than a foreclosure and may allow the
homeowner a clean break from the financial and emotional stress
of a impending foreclosure. We have an excellent short sale
staff to consult with about your situation today. 949-378-6550.
Foreclosure Info
If you are struggling to make your mortgage
payment, do not worry. There are several options available to
you at this time. Lenders are willing to make accommodations to
help your situation. Below is a list of Pre-Foreclosure, realty
and mortgage options to consider for relief:
Loan Modification-A
homeowner who is upside down or unable to refinance, may want to
look into a loan modification. A loan modification is any change
in loan terms; a loan workout with the lender through
negotiations. Such loan changes of allowing the borrower new
terms are included but not limited to: Reducing the rate
slightly or significantly, allowing missed payments to be
waived, adding missed payments to the loan balance, principle
reduction, locking the rate from adjustable to a fixed rate and
finally, a graduated rate or payment plan. (Example of a
graduated rate plan: Fixed rate of 3% for three years, 4% fixed
for the fourth year and 5% fixed for years five through thirty.)
Call us today to see what your specific lender may do for you!
949-378-6550.
Short Sale-
A short sale is defined as an over encumbered property whereby
the homeowner is usually is serious default and bank has the
decision to either foreclose against the homeowner or settle for
less than what is owed with a new buyer. A great time to make
this important decision to short sale the house is if the lender
has issued a Notice of Default. The Notice of Default starts
the clock of the intent to foreclose 90-120 days. A short sale
is less detrimental than a foreclosure and may allow the
homeowner a clean break from the financial and emotional stress
of a impending foreclosure. We have an excellent short sale
staff to consult with about your situation today. 949-378-6550.
Refinance-
*Borrower Must Be Current on the Mortgage to Qualify for a
Refinance.
The Making Home Affordable
program announced by the Department of the Treasury on March 4,
2009, includes a new initiative – Home Affordable Refinance – to
provide refinance opportunities to borrowers with mortgages held
or guaranteed by Fannie Mae. This initiative is for borrowers
who have demonstrated an acceptable payment history on their
mortgage but due to a decline in home prices or where mortgage
insurance (MI) is not available, have been unable to refinance
to obtain a lower payment or move to a more stable product. The
Federal Housing Finance Agency (FHFA) has also provided greater
flexibility to Fannie Mae to implement this refinance
initiative.
Fannie Mae is announcing new refinance options to achieve the
goals set out for this initiative and to incorporate additional
flexibilities provided by FHFA. Importantly, the maximum
loan-to-value (LTV) ratio for refinance mortgage loans under
this initiative will be expanded to 105 percent, and MI
requirements will be significantly relaxed to assist borrowers
who have experienced home price declines. Call us today to see
if you can refinance! 949-378-6550.
Bankruptcy-Is
a court proceeding for people who are unable to pay their debts
to settle those debts with their creditors under a judges
supervision. For a homeowner facing foreclosure, the filing of a
bankruptcy case provides an “automatic stay” which temporarily
stops the foreclosure proceedings. Under a Chapter 7 bankruptcy
case, a lender generally requests for the federal bankruptcy
court to lift the automatic stay to allow the lender to resume
its foreclosure proceedings under California law. Under a
Chapter 13 case, the debtor can keep the property by paying the
amount overdue over a three-to-five year plan (along with
regular mortgage payments.) Bankruptcy and loan
modification/short sales usually don’t mix. If the homeowner is
waiting on a short sale approval and files bankruptcy, the
lender typically forwards the file to its legal department. The
homeowner’s legal stay generally prevents the lender from
negotiating a short sale with the homeowner. The homeowner
should consult these options with a qualified bankruptcy
attorney. Call us today for our bankruptcy attorney we
recommend. 949-378-6550.
Deed in Lieu-Is
a voluntary agreement between the a borrower and lender for the
borrower to surrender the title to the property in full
satisfaction of the debt. A lender may agree to a deed in lieu
of foreclosure to avoid the costs of foreclosure. The credit and
tax consequences of a deed in lieu of foreclosure are similar to
those of a foreclosure.
Foreclosure Timeline-You
may be upside down and/or lost your job and can’t make the
payments. You must decide if you want to keep the house or start
over and start fresh. The approximate minimum time frames for
the foreclosure of owner-occupied loans made from 2003 to 2007
are as follows:
1.
Pre-Foreclosure Period-A
lender may initiate the foreclosure process when a borrower
defaults on a loan, such as missed payments. Lenders are
generally waiting a few months before starting the official
foreclosure process.
2.
Day 1-Lender Contacting Borrower-The
lender must contact the homeowner to access the financial
condition of the homeowner and explore options.
3.
Day 31-Filing of the Notice of
Default-The lender has 30 days to file
a Notice of Default after speaking to the homeowner to explore
options.
4.
Day 121-Filing of the Notice of
Trustee’s Sale-Three months after
filing a Notice of Default, the lender record a notice of
trustee’s sale setting forth the time, date, and place of the
upcoming trustee’s sale. Because of the gravity of the notice of
trustee sale it must be widely disclosed and published for three
weeks straight in a newspaper of general circulation.
5.
Day 145-Deadline to Cure Default-Up
to five business days before the trustee sale the borrower can
reinstate the loan by curing the default amount.
6.
Day 152-The Trustee Sale-At
the trustee sale the property is sold through a public auction
to the highest bidder. Homeowner still has the right to redeem
property by paying the full amount
Other Alternatives-A
homeowner facing an impending foreclosure may have other
alternatives to consider. There are choices during these
stressful times. Clear your worries and focus on the outcome
desired and the action necessary to resolve.
Mindset-Your willingness to
find a solution is the best place to start!
Friends and Family- Gifted
funds or loan may help you get current with lender!
Second Job-An extra job may
make up the shortage in funds needed or after a new payment is
negotiated through a loan modification!
Rent a Room-Can you rent a
room for extra money in the interim. May help with the lender
negotiations and income requirements!
Seek an injunction-Maybe
consult to seek legal action against the lender as circumstances
warrant.
Call us and tell us your
story! We can help walk you through all this! 949-378-6550.
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