Articles in Category: HUD Regulations

November 19, 2021

Updated FHA Appraisal Rules

The Federal Housing Administration has issued a set of revised instructions for FHA appraisals that’s meant to bring the process more fully in line with the Fair Housing Act. What kind of changes? We’ve discussed the basics in a previous article, but the specifics required include modifications to HUD 4000.1, the FHA Single Family Lender’s Handbook. One big change is an entry in a new section called Appraiser Conduct, which includes the following instruction; the appraiser is required to be competent, independent, and objective. But the appraiser must also NOT: • Discriminate in “developing any part of the appraisal or value conclusion based on characteristics that are protected by federal, state, or local laws”; • Misrepresent “the scope of work performed in the completion of the FHA appraisal”; • Develop | more...

November 18, 2021

HUD Updates Appraisal Guidelines

By Bruce Reichstein

The FHA and HUD are updating appraisal requirements for residential mortgage loans guaranteed by the Federal Housing Administration. In June of 2021, President Joe Biden announced a move to bring appraisals into compliance with Fair Housing Act guidelines–the move was introduced as an effort called the Interagency Task Force on Property Appraisal and Valuation Equity or PAVE. The FHA has issued guidelines that reinforce and clarify the “existing requirements for Appraisers and Mortgagees regarding compliance with Fair Housing laws” related to the appraisal of properties that will serve as security for FHA-insured mortgages. What kind of guidelines? A Mortgagee Letter published at HUD.gov states that the federal agency “expects all parties engaged in FHA mortgage insurance programs to eliminate all considerations of race, color, national origin, religion, sex, familial status, | more...

November 4, 2021

HUD Announces New Funding To Fight Housing Discrimination

By Joe Wallace

The Department of Housing and Urban Development has announced a round of funding intended to combat housing discrimination related to COVID-19. Fair Housing Act violations are bad enough when things are “normal”, let alone during a global pandemic. A press release at the HUD official site notes the agency is funding more than 50 Fair Housing initiatives to the tune of approximately $13 million. That money comes from the pool set aside for the American Rescue Plan (ARP). The press release states the money funds a “range of fair housing enforcement and education and outreach activities related to the COVID-19 pandemic” including work to fight discrimination in communities determined to be “underserved” by such efforts. “Discriminatory policies have no place in a nation struggling to deal with the lingering effects | more...

October 18, 2021

HUD Announces Settlement In Alabama Fair Housing Case

By Joe Wallace

The Department of Housing and Urban Development has announced an agreement with the owners of the HUD-supported Hollyhand Companies, Inc., and The Village at Meadowview in Fairhope, Alabama. This announcement settles a Fair Housing discrimination case involving a policy barring visitors of a certain age due to the global COVID-19 pandemic. The details of this Fair Housing Act complaint involve a resident filed a complaint with the Department of Housing and Urban Development alleging the tenant could no longer care for her grandchildren in the home because doing so allegedly violated the “no visitors under 12” policy. The HUD official site states that as a result of the resident’s complaint, the agency “…engaged in a compliance review to assess whether the owners had adopted an impermissible age distinction in their | more...

September 20, 2021

HUD Announces Fair Housing Discrimination Case In Missouri

By Joe Wallace

If you have ever experienced discrimination while looking for a place to rent or buy as your primary residence, the Department of Housing and Urban Development wants to hear from you. Know your Fair Housing rights–you might not know when you’ll need to use them. The U.S. Department of Housing and Urban Development announced it is bringing charges of housing discrimination against conservators of the Felder Peter King Estate of Ward Protectee, the Estate, and the owners and property manager of duplex and triplex apartments in St. Charles, Missouri. The charges involve alleged housing discrimination “for allegedly refusing to rent an apartment to a prospective tenant because he has two children” Fair Housing Act laws do not permit landlords to deny applicants housing on the basis of family status including | more...

September 15, 2021

How To Avoid A Mortgage Closing Scam

By Joe Wallace

The government’s consumer watchdog agency, the Consumer Financial Protection Bureau (CFPB), has a page dedicated to warning house hunters about home loan closing scams. According to CFPB documents,FBI warnings about home scams include attempts to “phish” your personal information with the purpose of tricking a potential borrower into diverting the payment of closing costs and down payment to a destination that is NOT your lender. In a single year alone, these mortgage closing scams cost almost one billion dollars. Want to know how you can keep this from happening to you? Scammers trying to pull these types of phishing attacks target people in the mortgage industry–they find legitimate email addresses and “spoof” them, making the email appear to be from a real address. But the email is full of hacking | more...

September 7, 2021

HUD Charges Florida Condo Owner’s Association With Fair Housing Act Violations

By Joe Wallace

There are many different forms of housing discrimination and such violations of federal law can happen at any stage of the housing process. That means you can find examples of violations of the Fair Housing Act in many other places besides the rental application process, the home loan application process, or even the refinance loan system. Did you know that housing discrimination cases are also found in areas such as the decisions of homeowner’s associations? That’s an area that doesn’t get discussed much in home loan circles, but violations of the Fair Housing Act have disastrous effects for those who seek housing. One good example of this is found in a September 2021 press release at the Department of Housing and Urban Development’s official site announcing charges against a condo | more...

August 31, 2021

The Final Month Of The COVID-19 FHA Foreclosure Eviction Moratorium

By Joe Wallace

September 1, 2021 marks the start of a countdown–the final days of the FHA foreclosure eviction moratorium issued to help FHA borrowers avoid loan default and foreclosure during the economic hardship of the global COVID-19 pandemic. There were two FHA-wide orders during the pandemic. One was a prohibition on foreclosures on homes securing an FHA mortgage, and the other was a moratorium on foreclosure-related eviction for those with FHA mortgages who were in the foreclosure process when the pandemic hit. The moratorium on FHA foreclosures ended in July 2021, but the foreclosure eviction ban was extended until the end of September 2021. On July 30, 2021, the FHA and HUD issued an announcement stating as such, which included the following: “Foreclosure-related evictions of persons from properties that were secured by | more...

August 19, 2021

Time Is Running Out On The HUD Foreclosure Eviction Moratorium

By Joe Wallace

The end of the HUD foreclosure moratorium was announced earlier this year–the end date of the moratorium is listed as July 31, 2021. That date is firm, at least according to the most recent FHA Mortgagee Letter published on this issue, which mentions, “foreclosures of FHA-insured mortgages may be initiated or resumed upon the expiration of the foreclosure moratorium in accordance with FHA requirements.” The July 31st deadline is, at this time, not expected to be extended further. However, there is also a moratorium on foreclosure-related evictions for FHA borrowers who are in default on their mortgages. That eviction moratorium has been extended until September. HUD instructions to participating FHA lenders is clear. The Mortgagee Letter on the FHA/HUD official sites includes these guidelines: “A Mortgagee must not initiate or | more...

August 9, 2021

Do You Need Help Saving Your FHA Mortgage?

By Joe Wallace

Do you worry about your ability to make payments on your FHA home loan? You are not alone, and the FHA and HUD want to help. There have been many foreclosure prevention measures taken by lenders and the FHA/HUD alike including a COVID-19 related foreclosure moratorium, loan modification options for qualifying applicants and much more. In early 2021, the FHA and HUD announced “loss mitigation options” to help those recovering financially from the pandemic; these included a COVID-19 Advance Loan Modification offered to “…eligible delinquent Borrowers who can achieve a 25 percent reduction to the Principal and Interest (P&I) portion of the Borrower’s monthly mortgage payment through a 30-year rate and term loan modification” according to HUD.gov The FHA and HUD continue evaluating how the pandemic has affected the agency’s | more...