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THE 2008 HOUSING AND RECOVERY ACT - (H.R. 3221) …

Tags: cash investment, conforming loan limits, family members, fha mortgage, maximum mortgage, modernization act, national housing, price subject, provision, recovery act, revisions, stimulus, subtitle,
Pages: 10
Language: english
Created: Mon Aug 4 21:07:24 2008
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               THE 2008 HOUSING AND RECOVERY ACT - (H.R. 3221)
                        SIGNED BY PRESIDENT 07/30/08
                               FHA REVISIONS


       TOPIC             H.R. Provision          Section                      Summary of Changes


                        FHA Modernization                       Limits increased from 95% to 115% of the median area
                           Act of 2008;                           home price subject to a maximum which is increased
                                               203(b) (2) (A)
 Maximum Mortgage       Subtitle A: Building                     from 87% to 150% of the conforming loan limits. New
                                                 National
      Limits                 American                               minimum minimum limit of $271,050, maximum
                                                Housing Act
                         Homerownership                             $625,500. Effective after expiration of Economic
                                2112                                             Stimulus Act of 2008.



                        FHA Modernization
                                                               The borrower's cash investment is being increased from
                           Act of 2008;
  Cash Investment                             203(b)(2)(B)      3% to 3.5%, acceptable to borrow the required cash
                        Subtitle A: Building
  Requirement and                            National Housing investment from family members provided the borrowed
                             American
     Maximum                                       Act        amounts are secured by a lien that is subordinate to the
                         Homerownership
                                                                                   FHA mortgage
                                2113



                        FHA Modernization
                           Act of 2008;
                                              203(b)(2)(B)      Removes loan to value limits (including restrictions on
                        Subtitle A: Building
Maximum Loan to Value                        National Housing   new construction) and increases the maximum loan to
                             American
                                                   Act                             value to 100%
                         Homerownership
                                2113




                                      The FHA Mortgage Whistle Blower
                                     http://whistleblower.ml-implode.com
              THE 2008 HOUSING AND RECOVERY ACT - (H.R. 3221)
                       SIGNED BY PRESIDENT 07/30/08
                              FHA REVISIONS


      TOPIC           H.R. Provision           Section                      Summary of Changes


                     FHA Modernization
                        Act of 2008;                          Prohibits down payment assistance from seller or any
  Down Payment       Subtitle A: Building   203(b) National   party who is reimbursed directly or indirectly from the
    Assistance            American            Housing Act     seller. Applies to loans underwritten after October 1,
                      Homerownership                                                   2008
                             2113



                     FHA Modernization
                                                                  Maximum upfront mortgage insurance premium
                        Act of 2008;
                                                               increased from 2.25% to 3%. Premiums for 1st time
Mortage Insurance    Subtitle A: Building 203 (c ) National
                                                             borrowers completing approved homebuyer counseling
    Premiums              American          Housing Act
                                                            is increased from a maximum of 2% to 2.75%. Does not
                      Homerownership
                                                                            increase annual premiums.
                             2114



                     FHA Modernization
                        Act of 2008;
Limits on Financed                                              Prohibts increase to the maximum loan amount for
                     Subtitle A: Building   203(d) National
Mortgage Insurance                                            financed MIP when the loan to value exceeds 100% of
                          American            Housing Act
    Premiums                                                                   the appraised value.
                      Homerownership
                             2112




                                   The FHA Mortgage Whistle Blower
                                  http://whistleblower.ml-implode.com
                THE 2008 HOUSING AND RECOVERY ACT - (H.R. 3221)
                         SIGNED BY PRESIDENT 07/30/08
                                FHA REVISIONS


        TOPIC             H.R. Provision           Section                      Summary of Changes


                         FHA Modernization
                            Act of 2008;      Notice Published   Places a 12 month moratorium on implementation of
    Moratorium on
                         Subtitle A: Building    in Federal     Risk-Based Mortgage Insurance Premiums as published
Implementation of Risk
                              American            Register     in the Federal Register May 5/13/08. Moratorium period
  Based Premiums          Homerownership          5/13/08                       begins October 1, 2008
                                 2133



                         FHA Modernization
                            Act of 2008;
                                                                    Insurance of home improvement mortgages insured
                         Subtitle A: Building   203(k) National
 Rehabilitation Loans                                                 under Section 203k transferred from the General
                              American            Housing Act
                                                                  Insurance Fund to the Mutual Mortgage Insurance Fund.
                          Homerownership
                                 2115



                         FHA Modernization
                                                               Definition of mortgages revised to include insurance of
                            Act of 2008;
                                              234 and 201 (a) condomiums under Section 203(b). Allows manufactured
     Insurance of        Subtitle A: Building
                                              National Housing housing condomiums. Also prevents requirement that
    Condominiums              American
                                                    Act          property be taxed as real propery by the state for
                          Homerownership
                                                                            determination of real property.
                                 2117




                                       The FHA Mortgage Whistle Blower
                                      http://whistleblower.ml-implode.com
                  THE 2008 HOUSING AND RECOVERY ACT - (H.R. 3221)
                           SIGNED BY PRESIDENT 07/30/08
                                  FHA REVISIONS


         TOPIC             H.R. Provision           Section                      Summary of Changes


                          FHA Modernization
                             Act of 2008;      202(a) and 205
                                                                     All Single Family Title II programs placed with the
   Mutual Mortgage        Subtitle A: Building Various Sections
                                                                     Mutual Mortgage Insurance Fund (MMI) subject to
   Insurance Fund              American          of National
                                                                     provisions of the Federal Credit Reform Act 1990.
                           Homerownership        Housing Act
                                  2118



                          FHA Modernization
                             Act of 2008;                         Raises the maximum claim amount to a single national
 HECM Maximum Claim       Subtitle A: Building   203(g) National limit of $417,000 (or up to $625,500 in high cost areas)
       Amount                  American            Housing Act      by tying the maximum loan amount to the FHLMC
                           Homerownership                                            conforming limit.
                                  2122



                       FHA Modernization
                          Act of 2008;
HECM Waiver of Upfront
                       Subtitle A: Building      255(l) National   Deletes waiver of upfront premiums on mortgages to
Premiums for Mortgages
                            American              Housing Act                      fund long term care.
to Fund Long Term Care  Homerownership
                               2122




                                        The FHA Mortgage Whistle Blower
                                       http://whistleblower.ml-implode.com
               THE 2008 HOUSING AND RECOVERY ACT - (H.R. 3221)
                        SIGNED BY PRESIDENT 07/30/08
                               FHA REVISIONS


       TOPIC             H.R. Provision           Section                       Summary of Changes


                        FHA Modernization
                           Act of 2008;                           Provides for insuring of Cooperative Housing. Makes a
HECM for Cooperative    Subtitle A: Building   255(b) National   technical corrections which prevented implemenation of
      Housing                American            Housing Act        the 2000 American Homeownership and Ecomonic
                         Homerownership                                               Opportunity Act
                                2122



                        FHA Modernization
                                                                Counseling must be provided by independent third
                           Act of 2008;
                                              255(d)(2)(B)    parties who are not associated with or compensated by
  HECM Counseling       Subtitle A: Building
                                             National Housing    partiesi nvolved with originating or servicing the
   Requirements              American
                                                   Act            mortgage or the sale of any type of financial or
                         Homerownership
                                                                                insurance product.
                                2122



                                                                     Secretary responsible to provide, or cause to be
                                                 255(f) and        provided, counseling for the mortgagors. Counselors
   HECM Counseling
                               2122            255(l) National     must meet qualififying standard and follow protocols
Standards and Funding                           Housing Act      established by the Secretary. Secretary to use a portion
                                                                             of premiums to fund counseling.




                                       The FHA Mortgage Whistle Blower
                                      http://whistleblower.ml-implode.com
               THE 2008 HOUSING AND RECOVERY ACT - (H.R. 3221)
                        SIGNED BY PRESIDENT 07/30/08
                               FHA REVISIONS


       TOPIC             H.R. Provision         Section                       Summary of Changes


                                                                Origination fee limited to 2% of the maximum claim up
                                                                to $200,000 plus 1% of amount over $200,000 subject
                                             255(r ) National
HECM Origination Fees          2122                                 to a maximum origination fee of $6000. Can be
                                               Housing Act
                                                                   changed in future based on analyis of cost impact.
                                                                 Annual increases to maximum fee based on the CPI.



                        FHA Modernization
                           Act of 2008;
 Insurance of HECM      Subtitle A: Building 255(m) National         Allows insurance of HECM loans for purchase
     Purchases               American          Housing Act                           transactons.
                         Homerownership
                                2122



                        FHA Modernization
                           Act of 2008;                         Prohibits mortgagee from associating, employing or
  HECM Originator
                        Subtitle A: Building 255(m) National     participating in the selling of financial or insurance
 Independence and
                             American          Housing Act   products. Requires HUD Secretary approval of all parties
 Originator Approval     Homerownership                              involved in the origination of a HECM loan.
                                2122




                                       The FHA Mortgage Whistle Blower
                                      http://whistleblower.ml-implode.com
                  THE 2008 HOUSING AND RECOVERY ACT - (H.R. 3221)
                           SIGNED BY PRESIDENT 07/30/08
                                  FHA REVISIONS


         TOPIC              H.R. Provision           Section                        Summary of Changes


   HECM Prohibition        FHA Modernization
                                                                        Prohibits requiring mortgagor or any other party to
                              Act of 2008;
  Against Requiring                                                  purchase insurance, annuity or financial products as a
                           Subtitle A: Building   255(o) National
 Purchase of Financial                                                 condition of obtaining HECM. Excludes title, hazard,
                                American           Housing Act
  Products for HECM                                                  flood, or other peril insurance that is typically required
                            Homerownership
      Eligibility                                                                  or approved by the Secretary.
                                   2122



                           FHA Modernization
                                                                     Substantially increases the limits of energy efficient
                              Act of 2008;          Section
                                                                 improvements to the greater of 5% of the property value
                           Subtitle A: Building 106(a)(2) of the
Enery Efficient Program                                           (not to exceed 5% of the maximum loan limit) or 2% of
                                American         Energy Policy
                                                                   loan limits under 203(b)(2)(A). Limits endosements to
                            Homerownership        Act of 1992
                                                                            5% of total 1-4 family endorsements.
                                   2123



                           FHA Modernization                         Provides for establishment of a pilot program to create
      Automated            Act of 2008;                             an automated process using alternative credit ratings for
  Underwriting Pilot    Subtitle A: Building       257 National        borrowers who lack traditional credit. May include
Program for Alternative      American              Housing Act         information from alternative sources such as rent,
   Credit Borrowers      Homerownership                                              utilities, and insurance.
                                  2124




                                          The FHA Mortgage Whistle Blower
                                         http://whistleblower.ml-implode.com
                THE 2008 HOUSING AND RECOVERY ACT - (H.R. 3221)
                         SIGNED BY PRESIDENT 07/30/08
                                FHA REVISIONS


        TOPIC              H.R. Provision          Section                     Summary of Changes


                          FHA Modernization
                                                                  Adds the Federal Housing Administration to the list of
                             Act of 2008;
                                                                   agencies covered by section 1014 which imposes a
Increased Penalties for   Subtitle A: Building
                                                 18 U.S.C. 1014   maximum $1,000,000 fine or 30 year prison term for
        Fraud                  American
                                                                   fraudulent statements made in connection with an
                           Homerownership
                                                                         application for insurance or guaranty.
                                  2129



                          FHA Modernization
                                               203(I); 203(o),    Sections repealed: 203(I)Housing in outlying areas,
                             Act of 2008;
                                               203(p), 203(q), 203(o) and (p) temporary economic conditions in Indian
                          Subtitle A: Building
  Repealed Sections                             222, 237, 245 areas, 203(q) Alegheny Reservation, 222 Mortgages for
                               American
                                               National Housing Servicemen, 237 Special mortgage insurance assistance,
                           Homerownership
                                                     Act                    and 245 Gradulated Mortgages.
                                  2120



                          FHA Modernization
                                                                     Title I Loan limits increased to: $25,090 for
                             Act of 2008;
Manufactured Housing                                            repair/improvement; $69,678 unit; $92,904 unit/lot;
                              Subtitle B:    2(b)(1) National
 Maximum Mortgage                                              $23,226 lot; Amounts are subject to annual increases.
                            Manufactured       Housing Act
      Amount                                                  Secretary to establish index based on housing price data
                            Housing Loan
                                                                            collected by the census bureau.
                          Modernization 2145




                                        The FHA Mortgage Whistle Blower
                                       http://whistleblower.ml-implode.com
                THE 2008 HOUSING AND RECOVERY ACT - (H.R. 3221)
                         SIGNED BY PRESIDENT 07/30/08
                                FHA REVISIONS


        TOPIC             H.R. Provision         Section                      Summary of Changes


                         FHA Modernization
                            Act of 2008;
                                                                 Upfront mortgage insurance premium not to exceed
Manufactured Housing         Subtitle B:       2(f) National
                                                                 2.25% of loan amount, and annual premium not to
 Insurance Premiums        Manufactured        Housing Act
                                                                          exceed 1% of base loan amount.
                           Housing Loan
                         Modernization 2146



                         FHA Modernization
                            Act of 2008;                     Requires the Secretary establish underwriting criteria for
Manufactured Housing                            2(b)(11)
                             Subtitle B:                     the manufactured home programto ensure the program
    Revision of                             National Housing
                           Manufactured                      reamains financially sound. Requires revision of existing
Underwriting Criteria                             Act
                           Housing Loan                        underwriting criteria within 6 months of enactment.
                         Modernization 2148



                         FHA Modernization
                                                               Subjects the sale of manufactured homes and connected
 Manufactured Housing       Act of 2008;
                                                                services to the provisions of Sections 3,8,16,17,18 of
   Prohibition Against       Subtitle B:      Title I National
                                                               RESPA. Allows Secretary to prohibit practices determined
Kickbacks and Unearned     Manufactured        Housing Act
                                                                  as unfair, deceptive or contrary to the borrower's
          Fees             Housing Loan
                                                                                       interests.
                         Modernization 2149




                                       The FHA Mortgage Whistle Blower
                                      http://whistleblower.ml-implode.com
                 THE 2008 HOUSING AND RECOVERY ACT - (H.R. 3221)
                          SIGNED BY PRESIDENT 07/30/08
                                 FHA REVISIONS




        TOPIC             H.R. Provision      Section                     Summary of Changes


                       FHA Modernization
                                                             Lease requirements: Minimum expiration 3 years after
                          Act of 2008;
                                                            origination date, must have minimum 1 year renewable
                           Subtitle B:      2(b) National
Leasehold Requirements                                      term, and lessor must provide 6 months written notice
                         Manufactured        Housing Act
                                                            prior to termination in the event of community closure.
                         Housing Loan
                                                                       Failure to result in 1 year extension.
                       Modernization 2150




                                     The FHA Mortgage Whistle Blower
                                    http://whistleblower.ml-implode.com