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Welcome Compliance Processing and File Delivery - PowerPoint Presentation

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Welcome Compliance Processing and File Delivery - PPT Presentation

Dial in number 559 5461000 Participant Access Code 297334 Homeownership Staff Erik Nore Director of Homeownership Anita Racicot Homeownership Specialist Cynthia Marquez Compliance Specialist ID: 660244

mfa 2014 loan guidelines 2014 mfa guidelines loan mortgage borrower income compliance aver credit payment reservation household property time

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Slide1

Welcome

Compliance Processing and File Delivery

Dial in number: (559) 546-1000

Participant Access Code: 297334#Slide2

Homeownership Staff

Erik Nore, Director of Homeownership

Anita Racicot, Homeownership Specialist

Cynthia Marquez, Compliance SpecialistShawn Rasmussen, Lending SpecialistLisa Romero, Lending SpecialistBarbara Tashkandy, Lending CoordinatorTeri Baca, Homeownership RepresentativeEunice Duran, Homeownership Representative

2

12/09/2014Slide3

Reservation Process

Reservation of Funds – Household Size

Even though the income may not be counted, loans must be reserved showing all household members so that the correct household size is referenced on the Mortgage Purchase/Funding Agreements

3

12/09/2014Slide4

Reservation Process

All Programs

Availability of On-Line Reservation System

The MFA On-Line Reservation System is available from 9:00 am – 5:00 pm Monday – Friday (excluding federal or bank holidays) MSTOn-line reservation system

will not accept reservations before or after the available time.

Be sure to

submit

and complete

the reservation request prior to 5:00 pm

4

12/09/2014Slide5

Reservation Process

All Programs

Reservation period

Loan must be purchased by Master Servicer no later than 60 days from the loan reservation date

First mortgage loans that are not purchased within the applicable timeframe must be extended or cancelled by the Lender.

No exceptions, for any reason will be made to the reservation policies

.

5

12/09/2014Slide6

Reservation Process

First Mortgage Loan Products

Changes between loan programs are

not permitted.A loan reservation is for a specific loan program and is attached to the borrower

A loan reservation cannot be transferred between programs (i.e. $aver to Zero, Zero to Plus, Plus to HERO, etc.)

6

12/09/2014Slide7

Reservation Process

All Programs

Extension Fees

Lender can request either a 15 day or a 30 day extension for the loan delivery, for a fee:15 day extension (0.1875% of the loan amount)

30 day extension (0.3750% of the loan amount)

Only

ONE

extension is allowed

Extension fee applies to first mortgage only

7

12/09/2014Slide8

Reservation Process

All Programs

Extension Fees

In the event that a loan is not purchased by the Master Servicer within 60 days of loan reservation, a 30 day extension will automatically be applied, unless the Lender requests a 15 day extension from MFA prior to the 60 day loan reservation expiration date.

The extension fee may be charged to the borrower

8

12/09/2014Slide9

12/09/2014

9

Reservation Process

All Programs

Extension Fees

If loan is

not

purchased within 75

(15 day extension)

or 90

(30 day extension)

days of the date of reservation

(including extension)

, loan can still be delivered, but will be purchased from Mortgage Lender on a

worst case, Mark-to-Market basis

that is determined at the time of purchase.Slide10

12/09/2014

10

Reservation Process

Mortgage$aver Programs

Targeted Areas

When reserving property in Targeted Area (Census Tract) the lender is

required

to contact MFA to obtain the lowest rate in the last 12 months from the reservations date and to receive Targeted Area acquisition cost and income limits.

Targeted Area Maps can be accessed at

housingnm.org/targeted-area-census-tractsSlide11

12/09/2014

11

Reservation Process

Mortgage$aver Programs

Section 184 Indian Housing Loan

When reserving property using a Section 184 loan on Federally Designated Tribal Land or Fee Simple Land the lender is

required

to contact MFA to receive Targeted Area acquisition cost and income limits.

If property is on Fee Simple Land, the borrower will receive the current applicable program interest rate.

If property is on Federally Designated Tribal Land

ONLY

, the lender is required to contact MFA to obtain the rate (0.50% below the applicable program interest rate).Slide12

12/09/2014

12

MFA Guidelines

Definition of “Household Income”

Income that is considered “Household Income” includes:

All forms of income from the mortgagor (Borrower) or co-mortgagor (Co-Borrower) will be considered as Household Income for the purposes of qualifying for the single-family loan program.

If the Borrower is taking title as sole and separate, all forms of income from the non-purchasing

spouse

Slide13

12/09/2014

13

MFA Guidelines

Definition of “Household Income”

Income that is

not

considered “Household Income” includes:

All forms of income earned by a family member or household member that do not have ownership interest in the property and are not liable for the mortgage debt.Slide14

12/09/2014

14

MFA Guidelines

Definition of “Household Income”

Only the borrower or co-borrower’s income will be included in the income calculation for the Compliance Review

If the borrower is married, the income of the spouse

must

be included in the income calculation for Compliance Review

Income from any other person living in the home (family member, significant other, etc.) will not be included in the income calculation for Compliance ReviewSlide15

12/09/2014

15

MFA Guidelines

Definition of “Household Income”

However, the definition of “Household Income” remains “all household members age 18 or over” for the

Payment$aver and Helping Hand Programs

because of the Federal HOME Guidelines.Slide16

12/09/2014

16

MFA Guidelines

Definition of “Ownership Interest” for the 3-year Requirement

For purposes of documenting the 3-year requirement (i.e. no ownership interest in a principle residence at any time during the 3 year period prior to the date the mortgage is executed)Slide17

12/09/2014

17

MFA Guidelines

Definition of “Ownership Interest” for the 3-year Requirement

“Ownership Interest” is defined as including the following:

A fee simple interest

A joint tenancy, a tenancy in common or tenancy by the entirety

The interest of a tenant-shareholder in a cooperativeSlide18

12/09/2014

18

MFA Guidelines

Definition of “Ownership Interest” for the 3-year Requirement

“Ownership Interest” is defined as including the following:

A life estate

A land contract (i.e. a contract pursuant to which possession and the benefits/burdens of ownership are transferred, although legal title is not transferred until some later time) and

An interest held in trust for the mortgagor, whether or not it was created by the mortgagorSlide19

12/09/2014

19

MFA Guidelines

Definition of “Ownership Interest” for the 3-year Requirement

Prior “Ownership Interest” by the spouse of the borrower is considered prior “Ownership Interest” of the borrower

, regardless of when the borrower and spouse were marriedSlide20

12/09/2014

20

MFA Guidelines

Electronic/Digital Signature Policy

MFA now accepts electronic/digital signatures on all documents

except for the following:

Income disclosure letter

Any Borrower explanation letter

Lender certification/letter of explanation

YTD Profit and Loss for self-employed borrowers

Rental verification letters from Landlords

Original Note

Original Mortgage

Signature AffidavitSlide21

12/09/2014

21

MFA Guidelines

Tax Returns (For

ALL

Borrowers on the loan and if applicable Non-Purchasing Spouse)

Three (3) years Tax Returns are

not required

if borrower has at least one creditor with a three year credit history on their credit report

Two (2) years Tax Returns

are

required for all Self-Employed borrowers, only,

unless

they do not have a three year credit history, then three years of Tax Returns are requiredSlide22

12/09/2014

22

MFA Guidelines

Minimum Credit Score of 620

Except for manual underwrite with HFA Preferred Product which has a minimum of 660

If credit report provides 3 credit scores (tri-merge), then the middle credit score must be at least 620 for each borrower

If credit report only provides 2 credit scores, the lowest credit score must be at least 620 for each borrowerSlide23

12/09/2014

23

MFA Guidelines

Minimum Credit Score of 620/660

If the credit report only provides 1 credit score that score must be at least a 620/660 for each borrower

If either borrower has no credit score, due to insufficient or stale credit, MFA will accept a manually underwritten loan. In addition, the loan must be underwritten to applicable secondary market guidelinesSlide24

12/09/2014

24

MFA Guidelines

Minimum Credit Score of 620/660

When reserving a borrower without a credit score, the system will not allow you to move to the next screen without entering a score. A 620 score must be entered to get to the next page. After the reservation is complete you

must

call MFA so that the score can be changed and notes added to the reservation screen.Slide25

12/09/2014

25

MFA Guidelines

Minimum borrower cash contribution

MFA requires a minimum borrower cash contribution of $500.00, regardless of program type. HERO Program requires a $1,000.00 contribution.

Funds must be

from

the borrower and

cannot

be derived from any type of gift, grant, pro-rated taxes or down payment.Slide26

12/09/2014

26

MFA Guidelines

Minimum borrower cash contribution

MFA requires the lender to provide

proof

of borrower’s funds on the Final First Mortgage Application in Section VII

and on

the

Final HUD

1

If the borrower contributes more than $500 to the transaction (

i.e.

Earnest Money, POC Appraisal Fee) the borrower can get those funds back at closingSlide27

12/09/2014

27

MFA Guidelines

Use of Mortgage Booster Funds

May

only

be used for minimum down payment and allowable closing costs

MFA will allow a principal reduction of up to $100 if the final Mortgage Booster loan is too high. The principal reduction

must

be applied to the

first

mortgageSlide28

12/09/2014

28

MFA Guidelines

Reasons for Sole and Separate

One Spouse of a married couple is not able to enter into a contract

(i.e. not of legal age), the spouse that is able to enter into a contract will be allowed to purchase the home as their Sole and Separate property.

Proof that spouse is not of legal age must be provided

** All household income needs to be counted toward income eligibility **Slide29

12/09/2014

29

MFA Guidelines

Reasons for Sole and Separate

One spouse of a married

couple has insufficient credit history (no credit score)

, which does not allow for the married couple to qualify for the mortgage jointly, the spouse with the credit score will be allowed to purchase the home as their Sole and Separate property.

Proof of no credit history must be provided

** All household income needs to be counted toward income eligibility **Slide30

12/09/2014

30

MFA Guidelines

Reasons for Sole and Separate

One spouse of a married couple does have a Social Security number and

the other spouse does not have a Social Security number or has an Individual Tax Identification Number (ITIN)

, the spouse with the Social Security number will be allowed to purchase the home as their Sole and Separate property.

Proof of no Social Security number or proof of ITIN must be provided

** All household income needs to be counted toward income eligibility **Slide31

12/09/2014

31

MFA Guidelines

Reasons for Sole and Separate

One spouse of a married couple has a poor credit history (a credit score of less than 620), which does not allow for the married couple to qualify for the mortgage jointly,

the spouse with the credit score above 620 will be allowed to purchase the home as their Sole and Separate property, with the following restrictions;

**All household income needs to be counted toward income eligibility **Slide32

12/09/2014

32

MFA Guidelines

Reasons for Sole and Separate

A maximum debt-to-income (“DTI”) of 45% for the purchasing spouse,

regardless of the automated underwriting system (“AUS”) approval criteria.

Both spouses need to provide proof that they both qualify for any and all First Time Homebuyer Requirements

that might apply, including total household Income and prior homeownership.

(First Time Homebuyer Requirements do not apply to the HERO Program)

Proof of poor credit history must be provided

**All household income needs to be counted toward income eligibility **Slide33

12/09/2014

33

MFA Guidelines

Mandatory Homebuyer Counseling

All MFA Borrowers

are required to take pre-purchase homebuyer counseling regardless of program type.

HERO Program only

if the borrower is a first-time homebuyer

Counseling Certificates

cannot be older than

One (1) YearSlide34

12/09/2014

34

MFA Guidelines

Mandatory Homebuyer Counseling

The pre-purchase homebuyer counseling will be either:

Face to Face pre-purchase housing counseling provided in either a classroom or one-on-one setting by an MFA approved housing counseling agency

Face to Face

counseling

must

be used for the Payment$aver and Helping Hand Programs (the on-line counseling is

not

acceptable for these two programs

Borrowers preferring to go to a counselor instead of taking the

eHomeAmerica

class on-line is also acceptable for the Mortgage$aver, HERO and Mortgage Booster Programs Slide35

12/09/2014

35

MFA Guidelines

Mandatory Homebuyer Counseling

Pre-purchase homebuyer counseling

eHomeAmerica

on-line Housing counseling

Borrowers may take the course married, unmarried or jointly for one fee of $45 paid at the time of registration. When registering type

both names

so that the certificate of completion will print correctly.

The $45 fee can be reimbursed at closing and included with the closing costs included in the second mortgage loanSlide36

12/09/2014

36

MFA Guidelines

Mandatory Homebuyer Counseling

Pre-purchase homebuyer counseling

Link to the

eHomeAmerica

site is on the MFA Home Page

Be sure to refer

all

borrowers to the MFA Home Page to ensure MFA is chosen as their administrator.Slide37

12/09/2014

37

HFA Preferred Loan Program

Special Housing Finance Agency Conventional Loan Product

Definition of “Ownership Interest” for the

HFA Preferred Loan Program

An ownership interest is defined as a borrower whose name appears on the deed to any residential property. Residential properties include single family detached, townhomes, condos, manufactured homes, investment properties and vacation homes

.

MFA

requires the

borrower to be a first-time homebuyer.Slide38

12/09/2014

38

HFA Preferred Loan Program

Special Housing Finance Agency Conventional Loan Product

Eligible Occupancy for the

HFA Preferred Loan Program

The property must be owner-occupied and the borrower may not have an ownership interest in any other residential dwelling at the time of loan closing.Slide39

12/09/2014

39

HFA Preferred Loan Program

Special Housing Finance Agency Conventional Loan Product

Term Sheet

Posted on the MFA websiteSlide40

12/09/2014

40

Compliance Guidelines

Questions

?Slide41

12/09/2014

41

MFA Guidelines

HERO Program

Eligible Borrower(s

)

The

borrower does not have to be a first-time homebuyer (FTHB) under the HERO

Program

Homebuyer

Counseling

Required for first-time Homebuyers (FTHB) onlySlide42

12/09/2014

42

MFA Guidelines

HERO Program

Owning Property

Old

Definition:

The

borrower may not own any other Real Property at the time of closing

New Definition:

The HERO program may only be used to purchase a primary residence and the borrower must occupy the property within 60 days of

closing

Documentation submitted for Compliance Approval regarding ownership of property

Old Definition:

Verification of no other real property is owned by borrower at loan closing

New Definition:

Verification that the property financed will be the borrower’s primary residenceSlide43

12/09/2014

43

MFA Guidelines

HERO Program

Eligible Program Type:

FHA

ONLY

Eligible Property Type:

Must be owner-occupied single family residenceSlide44

12/09/2014

44

Compliance Guidelines

Questions

?Slide45

12/09/2014

45

Mortgage Booster

Use with Mortgage$aver

OR

Mortgage$aver Zero with FHA,

Conv

, RHS, or HUD Section 184

(not allowed with VA)

Maximum loan amount of $8,000

(must follow loan guidelines for CLTV)

Use of funds are limited to cover the minimum down payment and allowable closing costs

30 year amortization, 6.00%Slide46

12/09/2014

46

Second Mortgage RESPA

Lender must provide a Truth in Lending (TIL) Statement and Good Faith Estimate (GFE) to the borrower for the

Mortgage Booster Program per RESPA Guidelines

Lender must re-disclose for MFA if the loan amount increases

NOTE:

The Payment$aver and Helping Hand programs are exempt because they are 0.00% non amortizing loansSlide47

Second Mortgage Allowable Fees

47

12/09/2014

Lender may charge an Origination Fee for Mortgage Booster only of:

$100.00

Recording Fee (DPA Mortgages)

Actual Cost

Daily Interest Charges

Actual CostSlide48

12/09/2014

48

Compliance Guidelines

Questions

?Slide49

12/09/2014

49

Compliance Guidelines

Completing the FHA Loan Underwriting and Transmittal Summary

when there is a second mortgage

MFA’s EIN# must be completed –

85-0252748

Check the Government box

Enter 2

nd

mortgage loan amount

2

nd

mortgage is not a gift

If using CHUMS ID # as ZFHA make sure DU Findings are attached

If not using ZFHA then underwriter must signSlide50

12/09/2014

50

Compliance Guidelines

Completing the FHA Loan Underwriting and Transmittal Summary

when there is premium pricing (Mortgage$aver Plus or HERO)

MFA’s EIN# must be completed in the Gift section –

85-0252748

Check the Government box

Enter total “Gift” amount including the cents

If using CHUMS ID # as ZFHA make sure DU Findings are attached

If not using ZFHA then underwriter must signSlide51

12/09/2014

51

Compliance Guidelines

Income Calculation

ALL

Household income is considered

Example: John Doe is purchasing a home and

is

married. John Doe is taking title as his Sole & Separate property because his wife has bad credit. The wife’s income

must

be counted toward household income according to MFA Guidelines.Slide52

12/09/2014

52

Compliance Guidelines

Income Calculation

Common mistake with the current pay stub

The date that

MUST

be within 30 days of submitting the package is the pay period

paid through

date

NOT

the check date or the pay date.Slide53

Compliance Guidelines

Verification of Employment Income

53

12/09/2014

Monthly gross

income includes, but is not limited to:

Monthly gross pay

(wages, salary, tips, etc.)

Interest and dividends

Overtime

SSI

Part-time

Disability Income

Bonuses

Child Support

Business Income

Alimony

VA Compensation

Rental Income

Other IncomeSlide54

12/09/2014

54

Compliance Guidelines

Compliance File Documentation Requirements

MFA has revised and simplified the documentation requirements

One year, most recent Verification of Rent (VOR)

One month most recent bank statement from

each

bank account (No VODs). However, VODs or

two

months of bank statements are required for the Payment$aver and Helping Hand programs.

NEW Income Disclosure Letter

to be signed by all borrowers at application. Slide55

12/09/2014

55

Compliance Guidelines

Loan Break Down Form

Preliminary

Loan Break Down Form to be completed at the time of submitting the Compliance Package (This is an

estimate

of the

down

payment and closing costs)Slide56

12/09/2014

56

Payment$aver & Helping Hand

Compliance Guidelines

Borrower is not allowed to have more than 6 months income in the bank as cash assets at the time of closing

If liquid assets exceed $5,000 an asset test is required to be performed per the following example:

Borrower has $20,000 in liquid assets

$20,000

× 2% = $400.00

$400.00 ÷ 12 (months) = 33.33

$33.33 will be added to borrower’s monthly incomeSlide57

12/09/2014

57

Payment$aver & Helping Hand

Compliance Guidelines

Face to Face

Homebuyer Counseling is required by MFA Approved Housing Counseling Agency

Non-Profit Agency providing the counseling will provide the lender with the following completed forms:

Completion Certificate

Request for ReimbursementSlide58

12/09/2014

58

Payment$aver & Helping Hand

Compliance Guidelines

HQS (Housing Quality Standards) Inspection is required if home was built

prior

to 1978 (no matter what type of loan the first mortgage is)

HQS inspection is required for homes built

after

1978

if

loan type is Conventional (FNMA), VA or Rural Housing.

(Except if home is a new construction or if there is an FHA appraisal)

List of HQS inspectors available from MFA

HQS Inspector will provide

Copy of signed inspection indicating if the property failed or passed

Request for Reimbursement(s) (If the property failed need two separate Reimbursements, 1 for the pass and 1 for the fail)Slide59

12/09/2014

59

Payment$aver & Helping Hand

Compliance Guidelines

Fund Use Form

Preliminary

Fund Use Form to be completed at the time of submitting the Compliance Package (This is an

estimate

of the down payment and closing costs)Slide60

12/09/2014

60

Payment$aver & Helping Hand

Compliance Guidelines

Original completed, signed and dated Certification of Asset Form

Certification of Status Form (Documentation regarding disability status form signed by

doctor

)

(Required for Helping Hand loans only)Slide61

12/09/2014

61

Payment$aver & Helping Hand

Compliance Guidelines

Bank Statements

Copies of full

2 months

bank statements

OR

1 printout from bank showing average balance over the last 2 months

OR

Written statement from bank that borrower does not have a 2 month history but has X months history with them and average balance over X months

OR

If borrower does not have a bank account an original signed and notarized statement will be accepted

Note:

If a printout is received from the bank in must be stamped and signed or initialed by bank personnel.Slide62

12/09/2014

62

Payment$aver/

SmartChoice

With Mortgage$aver or Mortgage$aver Zero

Maximum loan amount is 8% of the sales price

OR

$8,000 which ever is less

SmartChoice

Program

– Borrower must be in possession of a Section 8 Housing Voucher. Loan amount is $15,000, no more and no less

0% non-amortizing loan due on sale, transfer or refinanceSlide63

12/09/2014

63

Payment$aver/

SmartChoice

Borrower may finance down payment, temporary

buydowns

, closing costs

(

excluding

pre-

paids

)

Use of funds are limited to cover the down payment and allowable closing costs. Borrower may finance additional down payment if needed to help in qualifying.

Income limits vary by county and household size

Face to face

Housing Counseling class required by MFA approved Housing Counseling Agency

Available statewide

except

in the City Limits of AlbuquerqueSlide64

12/09/2014

64

Helping Hand

One person in the household meets the ADA definition of disabled

With Mortgage$aver or Mortgage$aver Zero

Loan amount is $8,000,

no more and no less

0% non-amortizing loan due on sale, transfer or refinance

Available statewide

including

in the City Limits of AlbuquerqueSlide65

12/09/2014

65

Helping Hand

Borrower may finance down payment, temporary

buydowns

, closing costs

(

including

pre-

paids

)

Use of funds are limited to cover the down payment and allowable closing costs. Borrower may finance additional down payment if needed to help in qualifying.

Income limits vary by county and household size

Face to face

Housing Counseling class required by MFA approved Housing Counseling Agency

(Suggested agency is ILRC/Housing Division)Slide66

12/09/2014

66

Compliance File Delivery

Checklists redesigned and simplified.

Descriptions of the required items relocated to the Compliance Manual

Checklists available on MFA website

Mortgage$aver and Mortgage$aver Zero

Mortgage$aver Plus

Mortgage$aver and Mortgage$aver Zero with Booster

Mortgage$aver and Mortgage$aver Zero with Payment$aver or Helping Hand

HEROSlide67

12/09/2014

67

Compliance File Delivery

Use most current check list and forms from MFA’s web site

Two hole punch and

Accofasten

package (no

paperclips)

Do not place in file folderSlide68

12/09/2014

68

Compliance Guidelines

Review of Compliance ChecklistSlide69

12/09/2014

69

Compliance File Review

Compliance review time is:

Three (3) business days after receipt of file

Clearing suspense conditions:

Please send all suspense conditions at once – this will speed up the process.

Policy for clearing conditions on loans with less than 5 conditions 24 (business) hour turnaround time. Files with 5 or more conditions 48 (business) hour turnaround time.Slide70

12/09/2014

70

Compliance Guidelines

Questions

?Slide71

12/09/2014

71

DPA Funding

Process

Per HUD’s Directive, MFA must fund DPA directly to the title company

DPA must be Compliance Approved prior to MFA sending the wire to the title companySlide72

12/09/2014

72

DPA Funding

Process

Lender must provide to MFA 24 hours prior to closing

Wire Request Form (Current form from MFA website)

Wire Instructions to the Title Company

Copy of the

FINAL

pre-close HUD 1

Need two (2) HUDs, if borrower obtaining a Mortgage Booster, Payment$aver, Helping Hand along with the MFA First Mortgage LoanSlide73

12/09/2014

73

DPA Funding

Process

Copy of unsigned documents for funds being wired to title company

Note and

Mortgage

E-mail Wire Request and Attachments to funding@housingnm.orgSlide74

12/09/2014

74

DPA Funding

Process

MFA prepares wire requests once a day

Cut off time to receive wire requests/corrections is 10:00 am for wire to be sent out same day

Wires will be sent out by 3:00 pm to arrive at the title company by 5:00 pm same day

If property is a HUD or Bank owned property the funds need to be at title at the time of signing, be sure to request the funds to be sent to title the day before closing.Slide75

12/09/2014

75

DPA Funding

Process

Mortgage$aver Plus DPA

MFA will wire 3.50% of final loan amount (must be entire 3.50%

including

cents)

HERO DPA

MFA will wire 3.00% of final loan amount (must be entire 3.00%

including

cents)Slide76

12/09/2014

76

Compliance Guidelines

Thank you from all of us at the MFA for your participation in our programs