Chapter
1 Appraisal & Property Requirements Page
1-14A A.
General Eligibility:
A mortgage on a homestead lease granted by the Department of Hawaiian Home Lands
(DHHL) covering a one- to four-family residence located on Hawaiian home lands
is eligible for insurance pursuant to Sec. 247 of the National Housing Act (search
GPO Access for 12
U.S.C. 1715z-12)
if the mortgagor is a native Hawaiian who will occupy it as a principal residence.
Mortgage insurance on cooperative shares under Sec. 203.43c
on homes in federally impacted areas under Sec. 203.43e
is not authorized under this section.” See 24CFR Sec. 203.43i
for more information. B.
Native Hawaiian Eligibility: The mortgagor must be an adult meeting
the blood quantum requirement established by the Sec. 247 statute and 24CFR
203.43i(c)(3). A mortgagor who is an original lessee of a homestead lease
(also called a residential lot lease) must have 50% Hawaiian blood. A mortgagor
who is a successor lessee or an assignee of an original lessee must have 25% Hawaiian
blood. Determination of native Hawaiian eligibility is made by DHHL. Lenders may
obtain the “Request for Certification of Eligibility” from HUD
Mortgagee Letter 2004-43 or Department
of Hawaiian Homelands's website. C. Principal
Residence Requirement: The native Hawaiian mortgagor must occupy as
his/her principal residence a one-unit home located on the Hawaiian Home Lands
leasehold estate being insured. D.
Eligible Leases: Lender
must obtain and keep a copy of the Residential Lot Lease issued by DHHL which
identifies the proposed mortgagor as the lessee; this will be EITHER an original
lease issued to the proposed mortgagor OR an original lease, along with documentation
showing succession or assignment of the lease to the mortgagor and DHHL’s consent
to each and every transfer of the lease. Any amendments to the original lease
must be included as part of the documentation. The Lease must be in the form approved
by HUD and must include DHHL’s Mortgage Insurance Rider (refer to HUD
Mortgagee Letter 2004-43) as part of the Lease.
See 24CFR
203.43i(h). All lease documents must bear evidence
of having been recorded at the DHHL. E.
Recordation: Upon loan closing, the mortgage must be recorded in DHHL’s
own recording system. The documents should NOT be recorded at the State of Hawaii
Bureau of Conveyances or filed with the Office of Assistant Registrar of the Land
Court. Recordation at either of these offices does not effectuate a lien on the
Hawaiian Home Lands lease. F.
DHHL Consent to Mortgage: A Consent to Mortgage executed by the Chairman
of the Hawaiian
Homes Commission and recorded in the DHHL
must be obtained for the loan file. Lenders can obtain this form by writing to:
Department of Hawaiian Home Lands, Attn: Loan Services Branch, P.O. Box 1879,
Honolulu, HI 96805. G.
Appraisals: Licensed appraisers are required to conform to Uniform
Standards of Professional Appraisal Practices (USPAP)
which identifies Market Value as “…the most reasonable price which a property
should bring in a competitive and open market”. Since sales of DHHL are neither
freely transferable nor subject to an open market, neither the Market Approach
nor Sales Comparison Approach are required when appraised for FHA insurance purposes.
Thus, appraisals on DHHL properties (existing and proposed construction) require
only the use of the Cost Approach. (This change was brought about because appraisers
felt that performing the Sales Approach on DHHL violated USPAP.) 1.
In the Reconciliation Section of the URAR:
- When only the Cost Approach is used, a statement, similar to the following,
should be added: “The final value stated in this appraisal is not “market value”
as defined in the addenda of the report. The definition of market value is included
on each FNMA form. This appraisal has been completed for FHA mortgage insurance
purposes, per HUD instructions for DHHL properties”.
- The appraisal
must include a date (which is the date the appraiser performed the site inspection),
the final value and the appraiser’s signature.
- The Cost Approach
for DHHL properties shall be developed from the Marshall
& Swift (M&S) Residential Cost Handbook employing the M&S Square Foot Appraisal
Form (#1007) and shall conform to the following:
- The appraiser will provide
photocopies of all M&S handbook pages used to derive the cost figures.
- The
appraiser will apply all current multipliers applicable to locale and time as
updated and published quarterly by M&S.
- No marketing expense shall be
added to the cost analysis of a DHHL property appraisal because these properties
are not freely marketable.
- Entrepreneurial venture shall not be addressed
as a separate adjustment factor; reasonable Profit and Overhead are already included
in all M&S costs.
- Depreciation due to normal aging may be derived from
the tables in the M&S Residential Handbook. Depreciation from incurable external
or functional obsolescence should be based on verifiable market extractions, either
by paired-sales analysis and/or capitalized rent loss.
- Computer generated
cost analysis is acceptable as long as the printout conforms (more or less) to
the format of a M&S 1007 form and contains sufficient information to verify that
all significant property features have been properly addressed in the cost analysis.
Accordingly, the appraiser will not be required to supplement a computer-generated
cost analysis with photocopies from the M&S Residential Cost Handbook.
2.
References: 24CFR Sec. 203.43i
Eligibility of mortgages on Hawaiian Home Lands insured pursuant to section 247
of the National Housing Act. H.
Mortgage Insurance Premium: Section 247
loans are subject only to the Up Front Mortgage Insurance Premium (UFMIP); they
are not subject to the annual risk-based premium. The following "UFMIP Repayment
Term in Years" factor table is to be used:
Portion
Financed | Less
than 18 | 18-22 |
23-25 |
Over
25 | 100% |
.02400
| .03000 |
.03600
| .03800
| 0% |
.02344
| .02913
| .03475
| .03661 |
I.
Automated Data Processing (ADP) Codes: Mortgages on DHHL properties
are identified by the following Section of the Act ADP suffix codes:
Section
of the Act | Section
of the Act ADP Code | Sec.
of the Act ADP Code for Direct Endorsement | 203(b)/247
| 259 | 759 |
203(b)/247/251 |
280 | 780
(ARM) | 203(b)/247 |
411 | 811
(Buydown) | 203(b)/245(a) |
293 | 793
(GPM) | 203(k)/247 |
408 | 808
(Rehab) | 203(b)/247 |
405 | 805
(Rehab/Buydown) | J.
Title Evidence: Because there is no first lien requirement for Sec.
247 loans, no title policy or certificate of title need be obtained. K.
Real Property Taxes: By statute, real property taxes are not assessed
for the first seven years of the lease. L.
Life Estate: If the lease is encumbered by the interest of a life tenant
(life estate), the life tenant must be a signatory to the mortgage but is NOT
required to be a signatory to the note. M.
Refinance: Loan-to-value ratios for refinance loans under this program
shall not exceed 75%. A loan to value ratio not to exceed 85% may be considered
if the loan proceeds exceeding the amount required for payoff of the existing
mortgage are for home renovations/improvements, as shown by accompanying proper
documentation. Cash-out refinancing for debt consolidation shall not be allowed.
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