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Real Estate News and Advice |
November 26, 2009 |
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Housing Legislation Edges Toward the President's Desk
by Lew Sichelman
The measure also contains an important provision allowing the Federal Housing Administration to use up to 40 percent of its capacity to insure adjustable rate mortgages, and permitting the FHA to back ARMs that have fixed rates for the initial three to ten years of their term. The FHA provisions were inadvertently left out of the bill due to a "technical drafting error" but were inserted later by agreement of the panel's members. Even though ARMs are back in vogue because of rising mortgage rates, only 30 percent of FHA's volume can be in adjustables, and the agency can only insure ARMs which adjust every year. The reforms to the FHA's 203(k) home improvement loan program come in response to reports by the General Accounting Office, the Department of Housing and Urban Development and the press uncovering instances of fraud and abuse, and were welcomed by lender groups. "This legislation offers common-sense solutions to shortcomings in the FHA's well-intended, but ailing, renovation loan program," said Peter Bell, executive director of the National Renovation Lenders Association. "The program itself needs to be renovated." The 203(k) program allows borrowers to obtain a single loan to pay for the purchase and the rehabilitation of a house. Otherwise, buyers would need two separate mortgages one for the purchase and the other at a higher rate for the renovation work. Furthermore, the loan amount is based on the appraised value of the property after the improvement area made, resulting in more money for borrowers. However, the GAO found that HUD was not properly training or monitoring inspectors and consultants, or making sure that lenders and non-profit organizations were complying with the rules. The bill cleared by the Subcommittee on Housing and Community Opportunity would restrict any business affiliation between a lender, consultant, contractor, non-profit agency, realty agent, inspector, appraiser or anyone else that has a financial stake in the property. It also would require lenders to ensure that the work has been completed to the borrowers' satisfaction before disbursing the final loan payment. The measure also approved consumer-friendly improvements in the FHA's reverse mortgage program, which allows senior homeowners to convert a portion of their equity into additional cash. Among other things, it would reduce the cost of home equity conversion mortgages for borrowers who use the proceeds to pay for long-term health care insurance, streamline and reduce the cost of refinancing an existing HECM by cutting the upfront insurance premium, waive the requirement that borrowers receive counseling a second time when they refinance, and require lenders to tell borrowers how much the new loan will costs and how large an increase they will see in their payments. The health-care proposal was introduced just last week by Rep. John LaFalce, D-NY, the ranking Democrat on the full banking committee. The other changes came from a non-binding report that was part of the fiscal 2000 appropriations bill enacted for HUD, the Department of Veterans Affairs and Independent Agencies. The bill also calls for a pilot program to demonstrate the use of Sec. 8 rental vouchers by disabled persons to purchase a home, adds a provision to assist law enforcement officers to buy houses in locally designated high-crime areas, makes it easier for HUD to transfer unoccupied and substandard federally-held housing to local governments and community development groups, and makes technical corrections to the year-old private mortgage insurance cancellation law. Also See:
Published: February 17, 2000 Use of this article without permission is a violation of federal copyright laws.
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