RHO has confirmed with HUD/FHA that, contrary to information that has been
circulating, the home sale/closing date generally is irrelevant when determining
whether downpayment assistance may be provided. It is the credit/loan approval
date that is relevant, as the law and HUD have made clear.
What is the precise definition of "credit approved" as described in the housing
bill (H.R.3221)?
If a loan is manually underwritten, the approval date is the day on which
the underwriter signs the Mortgage Credit Analysis Worksheet (MCAW) or the
FHA Loan Underwriting and Loan Transmittal (LT).
As long as the mortgage lender receives the credit/loan approval in accordance
with the law and HUD/FHA guidelines, RHO will provide gift funds regardless
of the date.
The Future of Down Payment Assistance for FHA Loans
The Responsible Home Ownership Program applauds the introduction of bipartisan
legislation to reauthorize and reform charitable downpayment assistance.
The bill, H.R. 6694 sponsored by U.S. Rep. Al Green (TX-09), would remedy
a harmful provision in the new housing law which limits homeownership
opportunities for low and middle-income Americans. The legislation is
co-sponsored by U.S. Representatives Gary Miller (CA-42), Maxine Waters (CA-35),
and Christopher Shays (CT-4) and reauthorizes and reforms charitable downpayment
assistance funded in part by sellers, which has helped over one million families
and individuals become homeowners since 1999. The program was eliminated
by legislation signed by President Bush on July 30, 2008.
The Green-Miller-Waters-Shays plan would make non-profit downpayment assistance
an allowable gift source for FHA borrowers. The bill further seeks to ensure
that providers of the downpayment assistance operate in a transparent manner
to guard against conflicts of interest. It also includes language to ensure
that the Federal Housing Administration maintains its financial stability
by permanently authorizing the Secretary of the Department of Housing &
Urban Development to assess higher premiums to higher risk borrowers.
"Congress has the power to mend - not end - downpayment assistance funded
in part by sellers," said U.S. Rep. Al Green. "More than 100,000 hard-working
families and individuals, many of them women and minorities, depend on these
programs annually to become homeowners. I introduced this bipartisan legislation
to preserve access to homeownership while protecting the FHA's solvency.
I thank my colleagues, Financial Services Chairman Barney Frank, Housing
Subcommittee Chairwoman Maxine Waters, and Reps. Gary Miller and Christopher
Shays, for their support of this important legislation and for recognizing
that the next generation of homeowners is counting on this program."
More than 32,000 Americans have called on Congress and the Bush Administration
to preserve charitable downpayment assistance over the past year through
phone calls, letters, and emails. They join a broad coalition of supporters,
including the National Association of Homebuilders, the Labor Council for
Latin American Advancement, and the U.S. Conference of Mayors.
Copyright The Responsible Home Ownership Program 2008