www.hudclips.org U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D. C. 20410-8000 January 4, 1989 OFFICE OF THE ASSISTANT SECRETARY FOR HOUSING- FEDERAL HOUSING COMMISSIONER Mortgagee Letter 89-1 TO: ALL APPROVED MORTGAGEES SUBJECT: Single Family Subdivision Processing Requirements- VA/CRVs and MCRVs Legislation signed by the President on November 7 directs that for a one-year period the Secretary must consider the issuance of a CRV or MCRV for any lot in a subdivision to be an administrative approval of that subdivision by the Veterans Administration. Therefore, under Section 535 of the Housing Act of 1949, HUD must approve that subdivision on a reciprocal basis without further subdivision processing. The purpose of this legislation is to facilitate the acceptance of subdivisions containing CRVs and MCRVs by the Department. This authority to accept CRVs and MCRVs as evidence of subdivision approval is valid until November 7, 1989. So long as the CRV or MCRV has not expired, it is acceptable evidence of subdivision approval. The instructions and time frames in any of the Department's prior issuances which contradict these instructions are now void. In language accompanying the legislation, the Conference Committee stated as a basic objective that HUD reciprocal approvals of subdivisions containing lots on which VA has issued CRVs/MCRVs should "not result in insuring housing in obvious questionable locations". Prior to the conversion of the initial CRV or MCRV in a subdivision that is not on the local HUD Office's list of "HUD Approved Subdivisions," Page 1 of the Appraiser/Reviewer Appraiser Checksheet, HUD Form 54891 (copy enclosed), must be completed and the subdivision accepted by the Department. This may be done concurrently with the processing of the builder/developer's application for a CRV/MCRV, but the subdivision will not be added to the list until the CRV/MCRV has been issued. The Checksheet shall be completed as described below by: A HUD fee appraiser, a VA fee appraiser or a HUD approved DE underwriter or DE staff appraiser employed by the lender to which the CRV or MCRV has been presented for conversion. The lender may select the person from the above group to complete Page 1 of the checksheet. Once completed, the lender must submit Page 1 to the HUD Office for review and subdivision acceptance. The fee schedule applicable for checksheets being prepared in "improved areas" is to be used for determining fee appraiser compensation. When completing Page 1 of the checksheet, the question "Does the improved area meet the partially completed criteria?" is not to be answered. Also, questions 1.4 and 1.6 are not to be completed and should be crossed out. The person visiting the site and completing Page 1 is also to: a. Indicate Subdivision Phase and the number of lots included. b. Indicate for Question 1.1 if the property is in a 100-year floodplain, floodway or coastal high hazard area according to FEMA floodplain maps. c. Indicate for Question 1.7 if the property is within 1 mile of a civil airport or 5 miles of a military airfield. The person who has visited the site and completed Page 1 should sign on the Fee Appraiser line. If that person is a DE Underwriter or Staff Appraiser, the form should be so annotated. For purposes of the checksheet, the "subdivision" is that portion of the subdivision being actively developed by the builder/developer. The builder/developer is responsible for providing a copy of a recorded plat or subdivision plan to the lender that sets forth the lots which are to be included in the portion being considered for HUD acceptance. Future phases of a development are not to be included in the checksheet evaluation and will not be considered as accepted until such time as the builder/developer begins to actively develop that phase and goes through the procedures required to qualify the new phase as a HUD Approved Subdivision. While the check sheet is being prepared and then subsequently reviewed by HUD, the lender may not close the mortgage. This prohibition against loan closing without HUD's acceptance of the subdivision extends to the DE program as well as HUD processed loans. The completed checksheet together with a copy of the recorded plat and a copy of the CRV or MCRV must be forwarded by the lender to the HUD Office for review and acceptance. If, based upon a review of the checksheet and other information known to the office, the HUD Office determines that no known environmental or other adverse conditions exist, or that acceptable mitigation measures have been completed, it shall include the subdivision or phase, if appropriate, on its list of approved subdivisions and immediately advise the lender in writing that it may proceed with the conversion of the CRV or MCRV. Once this acceptance process has been completed, lenders may then convert other CRVs and MCRVs in that subdivision as they would for a CRV or MCRV in any HUD approved subdivision. The HUD Office is authorized to reject some or all of the properties in a subdivision if it determines, after reviewing the checksheet and other available information, as well as a meeting with the developer/builder, that the properties are adversely affected by environmental or other hazards that would affect the health or safety of the occupants. In such cases, the HUD Office must advise the lender in writing that the mortgages will not be eligible for mortgage insurance. Alternatively, the HUD Office may impose requirements as conditions for acceptance. A five working day time limit is established from receipt of the checksheet for completion of its review by the Field Office. If necessary, completion of review should be promptly followed by a meeting with the developer/builder in order to verify findings or agree upon mitigation measures. Acceptance, conditional acceptance or rejection of the subdivision should immediately follow completion of these processing steps by the Field Office. This checksheet process is only applicable to subdivisions that are being accepted based on a CRV or MCRV for which the application was submitted to the VA after August 1, 1988. If the subdivision is on HUD's list of approved subdivisions, CRVs or MCRVs in such subdivisions may be converted in the normal manner. When processing a request for a HUD appraisal (DE or HUD Conditional Commitment) on a spot lot which is located in a HUD approved subdivision which was accepted based on a CRV or MCRV, the appraisal is to be completed in the normal manner. The appraiser is required to determine that the property in question is not adversely affected by environmental or other hazards that would affect the health or safety of the occupants. If such conditions exist, the property is to be rejected for insured financing or the appraisal conditioned for correction prior to eligibility for insurance endorsement. The appraiser must consider in the value estimate any adverse conditions which would affect value. If the HUD Office is processing a subdivision which did not previously qualify because the application for the CRV or MCRV was received by VA after August 1, 1988, and the developer now wants to use a CRV or MCRV to qualify the subdivision, the HUD Office will cease subdivision processing upon notice from the applicant. No refund of the subdivision processing fee is to be authorized. If you have questions concerning this Mortgagee Letter, please contact the Valuation Branch of your local HUD Office. Sincerely yours, Thomas T. Demery Assistant Secretary Enclosure