www.hudclips.org U. S. Department of Housing and Urban Development Washington, D.C. 20410-8000 June 2, 1995 Mortgagee Letter 95-27 TO: ALL APPROVED MORTGAGEES SUBJECT: Single Family Production--Revised Procedures for Requesting Increases in the FHA Single Family Maximum Mortgage Limits This Mortgagee Letter reflects several recent changes related to processing and establishing maximum mortgage amounts under the National Housing Act, as amended, including the redelegation of the authority to increase maximum mortgage limits to local HUD offices. Mortgagee Letter 94-15 is hereby superseded. Public Law 103-327, signed by the President on September 28, 1994, amended Section 203(b)(2) of the National Housing Act [12 U.S.C. 1709(b)(2)] by indexing the FHA mortgage limits to the Fannie Mae/Freddie Mac loan limits. This legislation established the maximum limit for non-high cost areas as 38 percent of the Fannie Mae/Freddie Mac loan limits. The maximum mortgage limit for high cost areas was established as 75 percent of the Fannie Mae/Freddie Mac loan limits. HUD's new basic nationwide mortgage limits are $77,197, $98,700, $119,350, and $148,300 for one-, two-, three-, and four-family dwellings, respectively. The new ceilings in most high cost areas for one- two-, three- and four- family dwellings are: $152,362, $194,850, $235,550, and $292,800, respectively. Increases in an area's maximum mortgage limits will be based on the lesser of: (A) 95 percent of the median one-family house sales price in the area, or (B) the ceiling for high cost areas. Pursuant to statutorily established criteria, HUD will consider mortgage limit appeals for Metropolitan Statistical Ares (MSAs) or individual counties, including counties within MSAs. HUD will not consider appeals for areas smaller than a county. Any interested party may submit a request to HUD for the mortgage limits to be increased in a particular area. Any request for an increase must be accompanied by sufficient housing 2 sales price data to justify higher limits. These data should be in the form of a listing of all, or nearly all, the one-family properties sold in the area for a period of time that will vary, depending on the volume of sales, as follows: Sales Volume Revised Data Period 500 per month 1 month 250 to 499 per month 2 months less than 250 per month 3 months Where the volume of sales for one month is less than 250, but the average for a two month period is 250 or more, sales data for the two month period is sufficient. This listing should include: (1) a brief address of the property, including county location (city, town, etc.); (2) month and year of sale; (3) sales price; and (4) whether the property was new or existing. These sales should be listed in order from the lowest sales price to the highest sales price. Using these data, we will establish the median sales price. Only arm length transactions should be listed. Paper transactions, distressed sales, foreclosure sales, lot sales, and refinancings should be omitted. The Department recognizes that in certain instances, the application of this approach may not reasonably reflect the sales price of newly constructed homes because of an existing stock whose value is static or declining. Therefore, greater weight may be given to the sales prices of new homes in determining the median house price in such areas. Where new home sales constitute 25 percent or less of an area's total sales, and the parties requesting an increase provide evidence that the value of the existing stock is static or declining, the Department may consider an increase based on 95 percent of the average of the median sales price for new homes and the median sales price for existing homes. Separate median sales prices for both new and existing homes in these areas may be submitted with the other required documentation. The authority to determine median area house prices and the resulting maximum mortgage amounts is redelegated to specific officials in the local HUD Offices. Effective April 27, 1995, requests for increased limits, along with the accompanying sales data, should be sent to the local HUD Office serving that jurisdiction. A copy should not be sent to HUD Headquarters. 3 The cognizant local HUD Office will verify the housing sales data, review the request for compliance with Departmental requirements, and revise the limits, as appropriate. Approved increases in mortgage limits will become effective on the date designated by the approving official when the increase is announced. The local HUD Offices are to ensure the widest possible dissemination when announcing increases. If a request for an increase is denied by the local HUD Office, the submitting party may appeal the decision to the Federal Housing Commissioner or his designee. The appeal must be in writing and must set forth the basis for the appeal. It must be forwarded through the local HUD Office. Questions concerning HUD single family mortgage limits should be directed to the local HUD Office. Sincerely yours, Nicolas P. Retsinas Assistant Secretary for Housing- Federal Housing Commissioner