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         FHA Credit Guidelines           

FHA CREDIT ELIGIBILITY REQUIREMENTS: In addition to the credit analysis described above, a borrower must be rejected for any of the following reasons:

A) Suspensions and debarments. A borrower suspended, debarred, or otherwise excluded from participation in the Department's programs is not eligible for a FHA-insured mortgage. The lender will examine HUD's Limited Denial of Participation (LDP) List" and the government wide General Services Administration's (GSA) "List of Parties Excluded from Federal Procurement or Nonprocurement Programs". If the name of any party to the transaction appears on either list, the application is not eligible for mortgage insurance. (An exception may be made when a seller appears on the LDP list and the property being sold is the seller's principal residence.)

B) Delinquent Federal debts: If the borrower is presently delinquent on any Federal debt (e.g., VA-guaranteed mortgage, Title I loan, Federal student loan, Small Business Administration loan, delinquent Federal taxes, etc.) or has a lien, including taxes, placed against his or her property for a debt owed to the United States, the borrower is not eligible until the delinquent account is brought current, paid or otherwise satisfied, or a satisfactory repayment plan is made between the borrower and the Federal agency owed and is verified in writing. Tax liens may remain unpaid provided the lien holder subordinates the tax lien to the FHA insured mortgage and, if any regular payments are to be made, they are included in the qualifying ratios. Tax liens may be eligible for inclusion in a refinance in some cases.

C) Credit Alert Interactive Voice Response System (CAIVRS): Lenders must screen all borrowers using CAIVRS (except on streamline refinances). If CAIVRS indicates the borrower is presently delinquent or has had a claim paid within the previous three years on a loan made or insured by HUD on his or her behalf, the borrower is not eligible. Exceptions to this may be granted under the following situations:

1)Assumptions: If the borrower sold the property, with or without a release of liability, to a mortgagor who subsequently defaulted and it can be established that the loan was not in default at the time of assumption, the borrower is eligible.

2)Divorce: A borrower may be eligible if the divorce decree or legal separation agreement awarded the property and responsibility for payment to the former spouse. However, if a claim was paid on a mortgage in default at the time of the divorce, the borrower is not eligible.

3)Bankruptcy: When the property was included in a bankruptcy that was caused by circumstances beyond the borrower's control (such as the death of the principal wage earner or serious long-term uninsured illness, etc.), the borrower may be eligible.

CO-SIGNED LOANS: Also know as contingent liability, exists when an individual would be held responsible for payment of a debt should another party jointly or severally obligated default on that payment. Unless the borrower can provide conclusive evidence that there is no possibility the debt holder will pursue debt collection against him or her should the other party default, the following rules regarding contingent liability apply:

1)Mortgage Assumptions: When a mortgage applicant remains obligated on an outstanding FHA-insured, VA-guaranteed, or conventional mortgage secured by a property which has been sold or traded within the last twelve months without a release of liability, or is to be sold on assumption without a release of liability being obtained, contingent liability must be considered unless:

A) The originating lender of the mortgage being underwritten obtains from the servicer of the loan assumed a payment history showing that mortgage has been current during the previous 12 months; or, b)An appraisal or closing statement from the sale of the property supports a value that results in a 75 percent loan-to-value ratio.

2)Co-signed obligations: If the individual applying for a FHA insured mortgage is a cosigner or otherwise co-obligated on a car loan, student load, or any other obligation including a mortgage, contingent liability applies unless the lender obtains documentation that the primary obligor has been making payments on a regular basis and does not have a history of delinquent payments on the loan over the past twelve months.

FUTURE OBLIGATION: If a debt payment, such as a student loan, is scheduled to begin within twelve months of the mortgage loan closing, the underwriter will include the anticipated monthly obligation in the underwriting analysis unless the borrower can provide evidence that the debt may be deferred to a period outside this timeframe.

 

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