Table
of Contents
1) CONDOMINIUMS
2) MANUFACTURED HOUSING
3) APPRAISER/APPRAISAL ISSUES
4) PROPERTY ISSUES
5) TERMITE
6) WELLS/SEPTIC SYSTEMS
7) MISCELLANEOUS
Condominiums
1)
Q. How do I find out if a condo is
on FHA's approved list?
A. Refer to this URL Hotspot for Approved Condos:
2)
Q. How can I get a Condominium approved?
A. The guidelines for submission of Condos are set forth
in HUD Handbook 4150.1 Rev-1, Chapter 11. Generally, the necessary
documentation is submitted to HUD by a mortgage lender. Since
most mortgage lenders are familiar with the information necessary
for HUD to process the request, we strongly recommend that individuals,
such as buyers and builders, use the services of a lender to
make the submission. Copies of the handbook can be obtained
from our Internet page at http://www.hudclips.org or may be
ordered by calling (800) 767-7468.
3)
Q. Can I do a spot loan on a Condo? Can I get a waiver
for any of the items on the Spot Loan Certification?
A. Spot Condo procedures are in Mortgagee Letter 96-41.
Spot Condo procedures are in Mortgagee Letter 96-41. All requirements
in the Mortgagee Letter must be met. If the lender needs a waiver
on any of the items, the loan cannot be accepted using the Spot
Loan process. The project should be submitted for full review
by HUD staff.
4) Q. Can I get a waiver if
the owner-occupancy of a Condo is under 51%?
A. No. The lender must certify in writing on company
letterhead that at least 51% of the units are owner-occupied.
The lender can rely on information provided on the Individual
Condominium Unit Appraisal Report (Fannie Mae Form 1073).
5) Q. Can the condo association
waive the right of first refusal restriction and get a condo
approved? What about spot loans?
A. No for both. See handbook
4265.1, Appendix 24 8(e)
6) Q. As a DE Underwriter, how
am I supposed to certify the answer to question #14, a &
b of the spot loan approval?
A. See Mortgagee Letter 96-41 for suggested approaches
to ascertain compliance with the spot loan requirements. For
instance: the appraiser could be utilized to research sold data
to verify the number of FHA loans in the condominium project.
(See attached URL link Mortgagee Letter 96-41)
7) Q. How can I check the status
of a Condo?
A. FHA Connection or Homeownership Center having jurisdiction;
Processing time for Condos: 1 - 2 weeks.
See
this URL Hotspot for Approved Condos
Manufactured
Housing
1) Q. Does the 10-year warranty
replace the engineer's certification on newly constructed manufactured
homes?
A. NO.
2) Q. If we use the local government
for the 3 inspections, they do not require an engineer's certification,
is there any problem with this?
A. YES. Local inspections are not acceptable on manufactured
homes.
3) Q. What new construction exhibits should the
DE Underwriter require for proposed construction of a manufactured
home?
A. Form
HUD 92541 (Builders Certification)
Floor Plan
Form
HUD 92005 (Description of Materials) Individual water supply
and sewage disposal system documents Applicable design worksheet
as per Permanent Foundations Guide for Manufactured Housing
by a state certified engineer or registered architect
Foundation and perimeter enclosure plans
Heat loss calculations
Plot
plan
Site elevation determinations related
to potential flooding, based upon information shown on National
Flood Insurance Rate Maps
Additional
exhibits, where necessary, to ensure site acceptability. See
URL link
4145.1 Rev 2 paragraph
2-2.F
See URL link 4145.1 Rev 2 paragraph 3-4B
4)
Q. Does an existing manufactured home (Title II) located
in a floodplain qualify for FHA insurance, if the finished grade
elevation beneath the home is below the flood elevation level?
What about with flood insurance?
A. All manufactured homes (new and existing) shall not
be located within a FEMA designated Special Flood Hazard Area.
The finished grade level beneath the manufactured home shall
be at or above the 100-year return frequency flood elevation
or be covered by a Letter of Map Amendment (LOMA) or Letter
of Map Revision (LOMR) or an Elevation Certification (FEMA form
81-31). An Elevation Certificate must be prepared by a state
licensed land surveyor, licensed professional engineer, or registered
architect and completed on finished construction (not proposed
or under construction), and reflect a finished grade at or above
the 100-year return frequency flood elevation. When using an
Elevation Certificate, the property is still located in a flood
plain, and therefore, flood insurance is required.
Appraiser/Appraisals
1)
Q. How does an appraiser apply to
perform FHA appraisals?
A. See web site for Appraisal License Eligibility.
2)
Q. The appraiser's license has expired.
How is it updated?
A. The appraiser or lender should fax a copy of the current
license to the Office of Single Family Housing @ (202) 401-0416.
See web site for: Appraisal License Renewal.
3) Q. Can a case number be canceled
and another one requested with a different appraiser?
A. Once an appraisal has been completed, it has a life
of six months for existing and twelve months for proposed properties,
and should not be canceled. Reconsideration of value as well
as transferring to a different lender should be handled in accordance
with the HUD HB
4150.2 The case number should not be canceled because the
buyer changes, the case number is attached to the property.
4) Q. Can a HUD roster appraiser
sign the appraisal as the "Supervisory Appraiser"?
A. The appraiser selected by the lender must be on the
lender select roster, perform the inspection of the subject
property and all comparables. This same appraiser's signature
is required as "appraiser" on the left side of page two of the
URAR. A review of the supervisory signature is not made. Reference
can be made in the "Comments" section of the URAR regarding
a trainee's assistance with the appraisal. See URL link: 4150.2 5-1 A.2.
5) Q. Can a lender charge a
fee before transferring an appraisal?
A. As per the 4000.4 the original mortgagee may request
a pro-rata portion of the origination fee. No more than one
half percent if the underwriter has reviewed and signed the
appraisal, and no more than one percent if the underwriter has
reviewed both the appraisal and mortgage credit worksheet.
See URL link: HUD handbook 4000.4
page 1-11.
6) Q. Can an appraisal be extended?
A. Appraisals on proposed construction may be extended
up to 12 months provided that construction started before the
original appraisal expired. Appraisals on existing properties
may not be extended.
See URL link: HUD handbook 4000.4
page 3-5.
7) Q. Should the lender refer
the mortgagor to HUD if they have a complaint about the condition
of the property?
A. Complaints made to a mortgagee involving cases processed
under Direct Endorsement are to be initially investigated by
the mortgagee. See URL link: HUD handbook 4000.4
page 1-11.
8)
Q. What is the allowable inspection
fee for new construction inspections by FHA compliance inspectors?
A. Fees vary by location. See URL link: Inspection Fees.
Property
Issues
1)
Q. Is an AC (architectural condition) sheet
required?
A. No. AC sheets are no longer utilized
because of conditions required by the underwriter on the reverse
side of the 92800.5B. In addition, the Builder's Certification,
HUD-92541, Block (3) assures compliance with Appendix 8, HUD's
Site Grading & Drainage Guidelines. Appraisers, builders and lenders
are reminded that compliance with Appendix 8 of HUD
Handbook 4145.1, REV-2, is required.
2) Q. Regarding the private
road maintenance agreement: Suppose one of the owners along
the road will not sign the agreement?
A. The subject property should be rejected. Everyone
living along the road must sign the agreement.
3) Q. Are black and white pictures
acceptable if clear?
A. Appraiser must take pictures from oblique angles to
clearly reflect grading and drainage on new construction. Pictures
should also be taken from oblique angles to clearly show side
& front, rear & side whenever possible. In all cases Black &
White pictures are acceptable as long as the depiction of the
subject is clear. See URL Link: 4145.1, Rev.-2, 6-3.A.#3.
4) Q. Must chipping paint on
a home built after 1978 be cured?
A. Per Mortgage Letter 2005-48, defective paint surfaces
on a post-1978 home do not require repair unless the surface
is otherwise unprotected. See Mortgagee
Letter 2005-48
5) Q. Must central A/C and inside
appliances be working?
A. Items contributing to value must be operational. See
URL Link: 4150.2, paragraph
3-6 and 3-6A.14 .
6) Q. Must the appraiser view
the attic and crawl space?
A. Yes. See attached URL Link: 4150.2, paragraph
3-6(10 & 11)
7) Q. Must earth-wood contact
be corrected?
A. Yes. There should be a minimum of 6 inches between
the wood siding and the earth. (CABO/International
Residential Code)
8) Q. What is the minimum distance
between the subject and the dwelling on abutting property?
A. Distances that are common for the market and meet
local code (set-backs, zoning, etc.) requirements.
9)
Q. There is significant confusion regarding construction
exhibits required by the lender as a result of ML 95-11. We have
been advised by a builder that we are the only lender requiring
the new construction exhibits listed in the 4145.1. Please clarify.
A. Mortgagee
Letter-2005-09, issued February 17, 2005 advises mortgagees
that FHA no longer requires them to retain new construction exhibits
in the origination binder when processing a new construction loan
with a building permit & certificate of occupancy (See Mortgagee Letter 2001-27). The lender is still required
to provide the appraiser with the exhibits necessary to complete
the appraisal when the home is less than 90% complete. If the
appraiser feels the cost approach is relevant to value it may
be necessary to secure certain new construction exhibits, which
the mortgagee must provide.
Termites
1)
Q. Are termite inspections required
on a "Streamline Refinance"?
A. No. Inspections for Wood destroying insects/organisms
are only required if there is evidence of active infestation,
mandated by state or local jurisdiction and when termite activity
is customary/prevalent in the subjects market or at lenders
discretion. See ML-2005-48.
2)
Q. Is there an alternate to chemical
treatment for termites on new construction?
A. The Department also accepts the use of EPA registered
baits and wood treatments as termite protection. For all treatment
types, the application must be by a licensed pest control operator.
See HUD Handbook
4910.1, 606-1, Mortgagee
Letter 99-03, and/or Mortgagee
letter 2001-04, for further clarification. See URL link:
Pest Control
3) Q. When the appraiser or
pest control operator indicates termite damage and the mortgagee
must provide a clear inspection by a qualified inspector to
determine that the structure is sound, can a compliance inspector
make that determination or must it be a structural engineer?
A. An inspection can be completed by
a “qualified” professional (FHA inspector,
home building inspector, building contractor/tradesperson, engineer,
etc.) that has experience in structural related matters. See
URL Link: Clearing Conditions
4) Q. What do we do if the termite
report does not address whether or not there is damage but does
shows previous or active infestation?
A. In all instances, active infestation must be treated.
An inspection is only required if damage is indicated. See URL
Link: Pest Control
5) Q. What states are termite/wood
destroying insect inspections required?
A. A. See URL: Pest Control Zones.
Wells/Septic
Systems
1) Q. Is a water test required
for all properties with a well?
A. Well (individual water system) test or inspection
is required if mandated by state or local jurisdiction; if there
is knowledge that well water may be contaminated; when the water
supply relies upon a water purification system due to presence
of contaminants; or when there is evidence of:Corrosion of pipes
(plumbing);Areas of intensive agriculture within 1/4 mile; Coal
mining or gas drilling operations within 1/4 mile; Dump, junkyard,
landfill, factory, gas station, or dry cleaning operation within1/4
mile; Unusually objectionable taste, smell or appearance of
well water.
2) Q. What exhibits are necessary
when requesting a waiver of the distance from a well to any
of the potential sources of pollution or the property line as
listed in HUD Handbook 4910.1, Appendix "K"?
A. Specific exhibits are required for waiver of distances;
you should contact your local Homeownership Center for processing
requirements. See URL link: Well
Waiver
3) Q. Are there ANY exceptions
to the requirement for connection to public utilities when available?
And if so, who may grant the waiver?
A. The only exception is if connection costs exceed 3%
of the estimated value of the property. In this case the existing
on-site system is acceptable provided it is functioning properly
and meets the requirements of the local health authority. See
HUD Handbook
4150.2; paragraph 3-6 and Appendix D, VC-4. Additional info
see URL: Water Systems.
Miscellaneous
1) Q. How do I become an
approved Home Inspector?
A. Although we strongly urge homeowners to get a home
inspection before buying a home, HUD does not approve or maintain
a roster of home inspectors. You may contact the American
Society of Home Inspectors for more information. You may
also contact your state agency responsible for home inspectors.
2)
Q. How do I become an approved FHA builder?
A. Effective with HUD Mortgagee Letter 95-57, HUD no
longer approves builders or maintains a list of approved builders.
See attached URL links: Mortgagee Letters 95-57, 95-18 and 93-27.