Category Archives: Loan Guidelines

VA Buyer Allowable & Non-Allowable Fees

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VA Home Loans

by Dean Henderson, Certified Military Housing Specialist

As our market tightens up and seller concessions are becoming more difficult to get I am getting many questions about what to ask for when writing a VA loan offer.  There are several fees a Veteran is forbidden to pay for in a VA loan financed transaction regardless of their willingness to pay.  When writing an offer on a home using VA financing a buyer must ask for at least a minimum amount of concessions to cover the VA Buyer’s Non-Allowable costs and Fees.

When using the standard C.A.R. form RPA-CA I would suggest the following wording on page 1, line 3D Additional Financing Terms: “Seller to pay 3% towards buyer’s recurring & non-recurring closing costs and VA Buyer Non-Allowable Fees.”

The actual percentage you request is negotiable but make sure you have enough to cover all the VA non-allowables.

Here is a summary of allowable and non-allowable costs from The Department of Veteran Affairs.

ALLOWABLE CLOSING COSTS

A Veteran may pay any of the following reasonable closing costs and fees:

  • 1% origination fee
  • Reasonable and customary loan discount points
  • VA appraisal fee – Usually about $450 for a Single Family Residence
  • VA compliance inspector fees – Only if required by the NOV (Notice of Value)
  • Recording fees- Usually about $100 – $150
  • Taxes and stamps
  • Credit report fees – Financial Independence Mortgage does not charge for this
  • Pre-paid items/Impounds
  • Insurances (hazard and flood, when required)
  • Flood zone determination
  • Well and septic inspection fees
  • Survey, if required by lender or veteran, except for surveys of condominiums
  • Title insurance(ALTA), title examination, title endorsement, title policy, title search
  • Environmental protection lien endorsement
  • VA funding fee – This is usually financed in the loan
  • Closing protection letter – Should not exceed $35
  • Fraud protection report
  • Termite, provided the loan is a cash-out refinance – The borrower may never pay these fees for purchase transactions
  • If a fee is not listed above, assume VA does NOT permit the veteran to pay it

NON-ALLOWABLE BORROWER-PAID CLOSING COSTS

Generally, the veteran may NOT pay any of the fees listed below.  The seller must pay the non-allowable fees.

The non-allowable fees are:

  • Attorney fees other than for title commitments
  • Lender’s inspections, except construction loan inspections and inspections required on the appraisal/NOV
  • Loan closing or settlement/escrow fees
  • Doc prep, underwriting, loan application, admin or processing fees
  • Assignment fees
  • Photographs
  • Interest rate lock-in fees
  • E-Mail, fax, copying, postage, stationery, telephone or other overhead charges
  • Amortization schedules, Truth-in-Lending fees, etc.
  • Notary fees
  • Escrow fees or charges
  • Commitment fees or marketing fees of secondary purchasers
  • Trustee fees
  • Fees charged by third parties, regardless of affiliation with lender
  • Tax service fees
  • Termite inspection fee for a purchase transaction
  • Attorney fee that benefits the lender
  • Real Estate Broker fee or Transaction Coordinator Fees
  • Brokerage fees or commissions charged by real estate agents or real estate brokers in connection with a VA loan
  • Prepayment penalties financed through a refinance transaction – When the payoff states a pre-payment penalty is due, veterans may pay pre-payment penalties out-of-pocket only
  • FHA/VA inspection fees for builders (Normal new construction inspections of the dwelling are permitted when required by the appraiser)
  • Any portion of the seller’s lien(s) or short sale fees
  • For purchase transactions, the cost of required repairs and inspections must be paid by the seller. This policy applies to all purchases, including purchases of REO properties. VA does not permit the veteran to pay for repairs other than minor termite damage repairs.

For more information about VA Home Loans please contact:

Dean Henderson, CRMS, GRI, CMHS

USA Cares
Certified Military Housing Specialist
(661)726-9000

Waiting Period to Buy Again After a Foreclosure, Short Sale, or Loan Modification?

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How long is the waiting period to buy again?By Dean Henderson, CRMS

One of the most common questions I get asked these days is how long does someone need to wait before they qualify for a new mortgage if they have experienced a foreclosure, short sale or loan modification in the past?  Currently, mortgage underwriters are treating all of these events the same.

While re-establishing credit and meeting other lending guidelines will be necessary, there are minimum waiting periods for getting new mortgage loans after these significant negative credit events.

Below are the timelines for obtaining new loans for Conventional Conforming Mortgage Loans (Fannie Mae and Freddie Mac), FHA (Federal Housing Administration Insured Loans),  USDA-RD (United States Department of Agriculture Rural Development Loans) and VA (Veterans Administration Guaranteed Loan).

These are the most common time frames. There may be some rare exceptions to these timelines. These basic guidelines do not serve as a substitute for a discussion with a mortgage professional about your specific situation.

Conventional Loans (Fannie Mae & Freddie Mac) – 7 Years

The waiting period to buy again after a foreclosure, short sale or loan modification is 7 years.  This timeframe may be reduced if the previous short sold property or modified loan was never late and the borrower is putting a large down payment on the new mortgage.  How the previous lender has rated the previous mortgage on the credit report can also have and impact on the waiting period.

FHA (Federal Housing Administration Insured Loans) – 3 Years

The waiting period to buy again after a foreclosure, short sale or loan modification is 3 years.  How the previous lender has rated the previous mortgage on the credit report can have and impact on the waiting period.  FHA does provide some very rare exceptions where the time frame can be reduced which, for example, includes the death of spouse who was the primary wage-earner at the time of the foreclosure, short sale or loan modification.

USDA-RD (United States Department of Agriculture Rural Development Loans) – 3 Years

Like FHA loans the waiting period to buy again after a foreclosure, short sale or loan modification is 3 years.  How the previous lender has rated the previous mortgage on the credit report can have and impact on the waiting period.

VA (Veterans Administration Guaranteed Loan) – 2 Years

VA has the shortest waiting period.  The waiting period to buy again after a foreclosure, short sale or loan modification is only 2 years.  If the previously foreclosed property was a VA loan there may be some issues regarding the reinstatement of the veterans full entitlement benefits.  This can be determined when we order a new Certificate of Eligibility from the US Department of Veteran Affairs.

To find out more specific information regarding these guidelines call Dean Henderson at 661-726-9000.

2012 FHA Future Bright

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by Dean Henderson, CRMS

In spite of a gridlocked Congress, 2011 ended with some very positive legislation for the 2012 Federal Housing Administration (FHA) Loan Program.  The local housing market will benefit from higher FHA loan limits and an extension of the FHA Anti-Flipping waiver.

Thanks to the support of Antelope Valley Congressmen Howard “Buck” McKeon (R-CA) and Kevin McCarthy(R-CA) H.R. 2112 was passed by the US Congress which includes a provision to reinstate the FHA loan limit in high-cost areas for two years.

The higher Fannie Mae, Freddie Mac, and FHA conforming loan limits of $729,750 expired Oct. 1, when it was reduced to $625,500. The passage of H.R. 2112 provides for an extension of FHA-insured mortgages at the higher level of $729,750 in high cost areas, including Los Angeles and Orange counties, through December 2013.

Unfortunately, The US Senate and House could not agree on increasing the loan limits for Fannie Mae and Freddie Mac which marks a historic change in the long enjoyed higher max loan limits which were previously dominated by Fannie Mae and Freddie Mac.

In addition to the gift of higher FHA loan limits, FHA has also announced the extension of its “anti-flipping” waiver through the end of 2012, which allows buyers to purchase homes that have already been sold in the last 90 days.

The waiver, which was set to expire on December 31, 2011, has been extended through December 31, 2012.

An anti-flipping rule originally took effect in 2003 to stop a spike in home flipping that was being blamed on driving up home prices during the housing boom. The rule prevented FHA-backed loans from being used to purchase homes that had been owned by a seller for less than 90 days. But the U.S. Department of Housing and Urban Development decided to reconsider the 90-day limit in 2010 after skyrocketing foreclosures and abandoned homes were causing blight in neighborhoods across the country and hampering nearby property values.

The temporary waiver to the anti-flipping rule will allow buyers and investors to quickly resell refurbished homes and not have to wait 90 days to do so. Since the waiver took place in 2010, FHA has insured nearly 42,000 mortgages worth more than $7 billion on homes resold within 90 days of the last purchase, according to HUD.

The 2012 extension includes requirements that flip transactions be arms-length transactions and requires sellers to document improvements to properties to justify profits in excess of 120% of the seller’s acquisition price.

For more FHA Loan information contact:

Dean Henderson, CRMS

(661) 726-9000

 

 

New VA Loan Limits for 2012

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The United States Department of Veteran Affairs just released the new loan limits for VA Loans for 2012. These limits vary by county. Higher costs counties will enjoy higher VA loan limits. Included in the high cost counties locally are Los Angeles County, Orange County, Ventura County and San Diego County.

Other Counties which are not considered high cost Counties include Kern, Riverside and San Bernardino. These counties will remain at the lower maximum limit of $417,000 with zero down payments.

The maximum VA Loan Limit with zero down in the high cost Counties will be as follows:

Los Angeles County $621,000
Orange County $621,000
Ventura County $518,650
San Diego County $477,000

For a Veteran who wishes to exceed these maximum loan limits they can still get a VA loan but there will be a down payment requirement for the amount borrowed over the County Maximum limit. So, for instance, if a Veteran wants to buy a home for $700,000 in Los Angeles County they will get zero down for the first $621,000 and then the remaining $79,000 will be subject to a down payment of 25% of the $79,000 which is $19,750. In this example the buyer would get a VA loan in the amount of $680,250 which is 97.18% of the sales price. Their down payment of $19,750 would be less than 3% of the sales price.

For more information about VA Loans contact Dean Henderson at 661-726-9000. Dean has been originating and closing VA loans for over 20 years. He is Certified Military Housing Specialist, Certified Cal-Vet Broker, and Approved by the United States Department of Veteran Affairs.

For a Free VA Loan Pre-Qualification call Dean Henderson at 661-726-9000.

You can also visit:
www.CalVet-Loans.com