August 12, 2016
A reader asks, “I don’t understand if I have a 1099 and I have a benefits letter, and the letter that states at the end of the year what I am getting for the following year, why I am being asked or can be asked for something that states I will get social security for 3 years? There is nothing that says social security will give this to me or a name for it.”
FHA loan rules governing Social Security income are found in HUD 4000.1, page 195 under “Other Sources Of Effective Income”. The rules require the lender to make a distinction between “effective income” which would continue for at least three years of the new loan, and “compensating factors” in the case where the lender cannot establish that such benefits would last for at least three years.
These rules apply to SSI, VA benefits and similar types of payments.
According to HUD 4000.1:
“The Mortgagee must verify and document the Borrowers receipt of benefits from the SSA, VA, or private disability insurance provider. The Mortgagee must obtain documentation that establishes award benefits to the Borrower. If any disability income is due to expire within three years from the date of mortgage application, that income cannot be used as Effective Income.”
Note that the rules require the lender to obtain specific verification that the benefits do or do not have a listed expeiration date.
“If the Notice of Award or equivalent document does not have a defined expiration date, the Mortgagee may consider the income effective and reasonably likely to continue. The Mortgagee may not rely upon a pending or current re-evaluation of medical eligibility for benefit payments as evidence that the benefit payment is not reasonably likely to continue. Under no circumstance may the Mortgagee inquire into or request documentation concerning the nature of the disability or the medical condition of the Borrower.”
With specific regard to Social Security benefits, HUD 4000.1 requires the lender to do the following:
“For Social Security Disability income, including Supplemental Security Income (SSI), the Mortgagee must obtain a copy of the last Notice of Award letter, or an equivalent document that establishes award benefits to the Borrower, and one of the following documents:
–federal tax returns;
–the most recent bank statement evidencing receipt of income from the SSA;
–a Proof of Income Letter, also known as a Budget Letter or Benefits Letter that evidences income from the SSA; or
–a copy of the Borrowers form SSA-1099/1042S, Social Security Benefit Statement.
Joe Wallace has been specializing in military and personal finance topics since 1995. His work has appeared on Air Force Television News, The Pentagon Channel, ABC and a variety of print and online publications. He is a 13-year Air Force veteran and a member of the Air Force Public Affairs Alumni Association. He was Managing editor for www.valoans.com for (8) years and is currently the Associate Editor for FHANewsblog.com.
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