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Refinances

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Chapter 2
Mortgage Credit Guidelines
Page 2-19

A refinance transaction involves paying off an existing real estate debt from the proceeds of a new mortgage. The lender must provide a payoff statement in the case binder. For all refinance loan transactions, the borrower will not be required to make or bring the current months payment due to closing, nor will be the principal balance of the existing loan be reduced by the amount of that unpaid principal.

Under the terms and conditions outlined below, FHA will insure the following types of refinances:

A. Regular Refinances = “cash-out” and “no cash-out”:

1.“Cash-Out” Refinances - Effective for mortgages endorsed on or after October 31, 2005, FHA offers a two-tier cash-out refinance program and in computing maximum allowable mortgage amounts the following must be applied:

a. 95% Loan-To-Value:
1) The loan is limited to 95% of the appraised value.
2) The property that is security for the refinanced mortgage must be a 1- or 2-unit dwelling.
3) The borrower as his or her principal residence must have owned the subject property for at least 12 months preceding the date of the loan application.
4) If the property is encumbered by a mortgage, the borrower must have made all of his/her mortgage payments within the month due for the previous 12 months, i.e., no payment may have been more than 30 days late and is current for the month due.
5) Subordinate financing may remain in place, but subordinate to the FHA insured first mortgage, regardless of the total indebtedness or combined loan-to-value ratio, provided the homeowner qualifies for making scheduled payments on all liens.
6) Any co-borrower or co-signer being added to the note must be an occupant of the property.
7) If the loan is scored through FHA TOTAL Scorecard and received an “Accept/Approve” recommendation, but there are one or more 30-day late payments on the first mortgage in the past 12 months, then the loan is not eligible for 95% LTV cash out.
b. 85% Loan-To-Value:
1) The loan is limited to a combined LTV (FHA insured first mortgage and any subordinated lien) of 85% of the appraised value provided the borrower has owned the property for at least one year.
2) The property that is security for the refinanced mortgage may be a 1-4 unit property.
3) Property must be owner-occupied.
i) If the property was purchased less than one year preceding the final application, the mortgage amount must be calculated using the lesser of the appraised value or the original sales price of the property multiplied by 85%.
4) Properties that are owned free and clear may be refinanced as cash-out transactions.
5) Properties acquired by inheritances within the past 12 months are eligible for a cash-out refinance transaction limited to 85% of the appraised value. The lender must document the acquisition by the borrowers via inheritance.
2. “No Cash-Out” Refinances (non-streamlined): The maximum mortgage is based on the lesser of the two calculations below:
a. “Maximum loan-to-value percentages” multiplied by the appraised value, exclusive of closing costs. (Please refer to HUD Handbook: 4155.1 Paragraph 1-11A chart)
b. Sum of existing first lien, any purchase money second mortgage and/or any junior liens over twelve (12) months old, closing costs, prepaid expenses, accrued late charges, escrow shortages, borrower paid repairs required by the appraisal, discount points, and other fees as determined by the appropriate HUD Homeownership Center (HOC), subtract any refund of up-front MIP. The prepaid expenses may include per diem interest to the end of the month on the new loan, hazard/flood insurance premiums, mortgage insurance premiums and property tax deposits needed to establish the escrow account. The existing first lien may include the interest charged by the servicing lender, when the payoff is not received by the first of the month, but may not include any delinquent interest.
B. Streamline Refinances = with or without an appraisal Streamline transactions involve the refinance of the FHA insured first mortgage only. This type of loan is designed to lower the monthly principal and interest payments on the current FHA insured mortgage and involves no cash back to the borrower, except for minor adjustments at closing not to exceed $500.

The Limited Denial of Participation (LDP) and General Services Administration Debarment (GSA) lists are required to be checked, however there is no need to check the Credit Alert Interactive Voice Response System (CAIVRS).

FHA does not require repairs to be completed (except for lead-based paint) on streamline refinance transactions, however the lender may require the repairs to be completed; if so, they must be an out of pocket expense to the borrower.

1. Streamline Refinance with an Appraisal: The maximum insurable mortgage is the lower of the two calculations below:
a. “Maximum loan-to-value percentages” multiplied by the appraised value, exclusive of closing costs.
b. Sum of the existing FHA insured first lien, closing costs, accrued late charges, escrow shortages, reasonable discount points and the pre-paid expenses necessary to establish the escrow account minus any refund of up-front MIP. The existing first lien may include the interest charged by the servicing lender, when the payoff is not received by the first of the month, but may not include any delinquent interest.

2. Streamline Refinance without an Appraisal: The maximum insurable mortgage is the lower of the two calculations below:
a. Original Loan Amount: The original principal balance of the existing FHA insured mortgage, including any upfront MIP, plus the new UFMIP being charged on the refinance.
b. Existing Debt: The sum of the existing FHA insured first lien, closing costs, accrued late charges, escrow shortages reasonable discount points and the prepaid expenses necessary to establish the escrow account minus any refund of UFMIP plus the new up-front MIP. The existing first lien may include the interest charged by the servicing lender when the payoff is not received by the first of the month but may not include delinquent interest.
The above mortgage calculation applies only to owner-occupied properties. Investment properties, even if originally acquired as principal residence by the current borrowers, may only be streamline refinanced (FHA to FHA) without an appraisal for the outstanding principal balance. The term of the mortgage is the lesser of 30 years or the remaining term of the mortgage plus 12 years.

References: Please see HUD Handbook: 4155.1 Paragraphs 1-11A, 12A, 12B and Mortgage Letters 2005-43 and 2004-44, 2004-28. Any of the forms cited above can be obtained at the
HUDclips forms webpage.
 
 
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