www.hudclips.org U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D. C. 20410-8000 April 6, 1988 OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING-FEDERAL HOUSING COMMISSIONER Mortgagee Letter 88-9 TO: ALL APPROVED MORTGAGEES SUBJECT: Establishment of Allowable Fees for Assumptions (All Single Family Programs) Mortgagee Letter 86-15 dated August 8, 1986, standardized the fee to which mortgagees are entitled, to a maximum of up to $500 for processing assumptions of mortgages which require creditworthiness processing of a new buyer, (i.e., 2210 procedure). Since modified assumption provisions became effective with the enactment of the Housing and Community Development Act of 1987, Headquarters is establishing the following maximum fees which include, if the lender elects to release the seller from liability, the cost of the completion and execution of the FHA Form 2210.1. 1) Assumption with request for HUD's consent to accept the purchaser and release the seller from liability - 2210 procedure (mortgages originated prior to December 1, 1986 and mortgages originated on or after December 1, 1986.----------------------------------a maximum of up to $500 2) Assumption of a Section 235 mortgage with a request for HUD's consent to accept the purchaser and release the seller from liability - 2210 procedure with subsidy eligibility processing----------------------------a maximum of up to $500 The above fees may be retained by the mortgagee if the buyer's credit is rejected and HUD's consent to release from liability is denied. However, if the purchaser's credit is approved but a closing of the sale does not occur for reasons beyond the control of the purchaser, the mortgagee will be required to refund one-half of the collected fee. Fees or charges for such things as credit reports and VOE's which are collected by the lender and passed through are eligible expenses separate from the processing fees. These fees are non- refundable. Fees necessary to "close" the assumption purchase, such as, document preparation fees, attorney fees, recording fees, etc., are permitted to be charged the mortgagor in accordance with local Field Office fee schedules. Lenders and Field Office staff are advised that they must process the 2210 and, where appropriate 2210.1, applications in an expeditious manner to ensure that a sale is not lost due to unnecessary delays in implementing our requirements. We make no distinction between direct and non-direct endorsement lenders in establishing these fees. Direct endorsement lenders are reminded, however, that they are not authorized agents of HUD and cannot execute documents in HUD's name or on HUD's behalf. Headquarters has also reviewed other related services provided by the lender and we are establishing fees for the following: 1) Simple assumption......................remains at $45.00 2) Simple assumption with Section 235 eligibility processing--------a maximum of up to $150.00 ALTHOUGH THE LOCAL MARKET SHOULD PREVAIL IN THE ASSESSMENT OF FEES, FIELD OFFICES ARE NOT AUTHORIZED TO LIMIT FURTHER OR ADJUST ANY FEES ESTABLISHED BY HEADQUARTERS IN THIS LETTER. If you have questions concerning this letter, please contact the Single Family Insured Servicing Branch at (202) 755-7330. Sincerely, Thomas T. Demery Assistant Secretary