$8000 First Time Home Buyer Tax Credit for FHA Down Payment? NO (and maybe)

Much has been written and Tweeted about the US Department of Housing and Urban Development allowing the use of the $8000 First Time Home Buyer Tax Credit as down payment on a new home. First, HUD said yes. Then, HUD said no. Now, HUD says maybe. Mortgagee Letter 09-15 which was released and then rescinded has now been revised & re-released. Despite fairly clear language in ML 09-15 (below - emphasis mine) there are still many that mis-understand and mis-report.

• Pursuant to 12 U.S.C. 1709(b)(9), the homebuyer’s downpayment required for eligibility for FHA insurance may not consist of any funds (including funds derived from a sale of the homebuyer tax credit) provided by the mortgagee, the seller, or any other person or entity that financially benefits from the transaction (or by any third party or entity that is reimbursed, directly or indirectly, by the financially benefiting person or entity). Accordingly, the proceeds of the sale of the tax credit to FHA approved mortgagees, the seller, or any other person or entity that financially benefits from the transaction (or any third party or entity that is reimbursed, directly or indirectly, by the financing benefiting person or entity), may not be used to meet the 3.5% minimum downpayment, but may be used as additional downpayment, buying down of interest rate, or other closing costs.

IF a buyer is eligible for the credit, and IF there is a lender (or agency) available to do so, buyers can use their tax credit as collateral on an additional loan over and above their FHA mortgage to pay some of their closing costs, pre-paids, points for lowering rate, or down payment IF they are putting down the minimum required 3.5% down payment without those funds. Bottom Line - you MUST still have the 3.5% down payment from funds outside of the tax credit.

Your 3.5% down payment can come from savings, gift from relative or employer, your 401k/IRA, etc. Any use of the tax credit at the time of closing can go toward down payment over the 3.5% minimum ONLY.

The use of the tax credit at closing is as collateral on a loan to help you with costs. However, just because HUD has allowed this on FHA loans does not mean that you will be able to find a lender or agency in your area that will assist with this. As of now, there are precious few opportunities to accomplish this. No one in Oklahoma has announced their participation to date. Also, the major national lenders have yet to release their guidelines for underwriting FHA loans with these secondary liens included.

How then can a First Time Homebuyer use this credit to their advantage? There are many ways - savings, emergency fund, home repairs/renovations, etc. For most buyers, the last resort should be using it in getting an additional loan to help with closing.

Speak to a Mortgage Professional about your specific conditions, needs and goals. Have a conversation - do not be sold. Get the RIGHT loan for YOU.

Tim Epps

918-528-4010

Tim@MyFairway.Net

Broken News! Call a Mortgage Professional to Discuss Your Down Payment Options

Yesterday, Shaun Donovan, the Secretary of Housing & Urban Development (HUD) announced at the morning session of a meeting of the National Association of Realtors (NAR) that HUD intended to allow the use of the First-Time Homebuyer Tax Credit as collateral on a bridge loan to assist borrowers with the 3.5% down payment required for an FHA loan and any closing costs. This was also posted on HUD's website Monday night in Mortgagee Letter 09-15. That posting has since been rescinded and pulled.

Why was this pulled? Because HUD had not fully prepared for this. Thank goodness they did not allow you to print coupons for it. Think if this had been announced on Oprah, and she had said to go to www.unthinkFHA.com? Well, this has happened to an extent.

Many Realtors, home builders, (and even some Mortgage Professionals) who have an active blog or Twitter account, have been shouting from their virtual rooftops that this is now available to First Time Home Buyers. IT IS NOT!!!!! It never was! I waited to post or tweet about this because it is too easy to get expectations built too high without the facts to support them. Secretary Donovan delivered the announcement in a prepared statement so it cannot be said that it was an idle comment by the Secretary. And, the Mortgagee Letter 09-15 was posted for awhile on the HUD website exhibiting that they had full intention of carrying this out. However, many things were not yet in place to allow this to happen at this time. Who would underwrite and fund the bridge loans? Will the IRS allow assignment of the tax credit to a third party?

The moral of this story? Be wary of "Breaking News" in real estate. Seek advice on property matters from your Realtor. A proper Mortgage Professional will always refer you to your Real Estate Professional for advice on selection, pricing, negotiation, etc. But, at the risk of upsetting my Realtor friends, partners and future partners, please seek advice on real estate financing from your Mortgage Professional. There is a vast array of programs and terms to suit prospective homeowners. These programs and guidelines change every day. Rate sheets have a life span of less than 6 hours in today's market. There are many down payment options from no-down and low-down to all you care to put down. This never-even-official program was not the only way to go. Allow your Mortgage Professional to prepare for you the best package of rate and term to meet your situation and desires. Allow your Realtor to find you the best home at the best price to you meet your situation and desires.

My role is to work as a teammate in the purchase of your home. I may post here about home values in our market. I do so, not as an appraiser or Realtor, but as an active participant in the real estate profession and to help Oklahomans understand that much of the national news about home values does not affect us here. National news affects lending guidelines for local buyers but not local values. I will NOT advise a client on the proper price to pay for a home (or to sell it for). I WILL advise them on the amount they can be approved for and how to pay for it. I will NOT advise a client on where to buy a home. I WILL advise them on what loan programs may be available in certain areas. Additionally, although I am knowledgeable on the First Time Home Buyer tax credit and other tax advantages of home ownership, I will NOT attempt to replace their current trusted tax professional or give specific advice on my clients' situation. I WILL link to IRS Form 5405 for reference and convenience.

If I can help you (buyers, Realtors, sellers - you will need approval for a new home), please let me know. It would be my pleasure to serve you with sound advice and not hype.

Tim Epps

918-528-4010

Tim@MyFairway.Net

First-Time Homebuyers to Get Tips from Industry Professionals

In case you missed last week's post, the Community Action Project of Tulsa County will hold a Homebuyer Education Seminar.

People who have signed up for the free program will receive orientation and a financial readiness assessment from a CAP counselor. Then, they attend this seminar to help guide them through the steps of a home purchase.

Kathryn Jones and Christine Baker of Coldwell Banker Select will teach those in attendance about how a successful home search works.

John Buchanan, Jr. of Country Financial will review what to look for in homeowners' insurance and how to shop properly.

I, Tim Epps of Fairway Mortgage, will talk with the audience about how to obtain the best loan available for their situation and how the mortgage market and process works.

Based on where they select a home, those that enroll and complete this program can be eligible for up to $3500 in down payment assistance from CAP.

With all of the constant changes in real estate, insurance and mortgages, this program can help all buyers get up to date. The adage that "all real estate is local" has never been more true. Values in Oklahoma have not seen the precipitous drops that the largest 10 and 20 markets have seen. Those markets reported in the Case-Schiller Index also saw precipitous rises in value while Tulsa, Oklahoma City, and the rest of the state saw our home values rise at a modest, sustainable rate.

Mortgage guidelines are updated mainly on what happens in the market as a whole, so we are not immune from what happens outside of Oklahoma. But money is still available. Good loans (with good rates and terms) are available for most borrowers.

If you think you may want to buy a home, first time or not, check in to the Community Action Project of Tulsa County's Homebuyer Education Program. It will prepare you for everything they don't show you on House Hunters or Property Virgins.

Tim Epps

918-528-4010

Tim@MyFairway.Net

More Help for First-Time Homebuyers (Repeat Homebuyers Will Learn Also)

Do you dream of owning a new home, but worry that you will not qualify for a mortgage?

Do you need downpayment and closing cost assistance?

Do you live in Oklahoma?

Hope has arrived! No, not the hope that was sworn in yesterday. This hope is brought to you by the various community action agencies in Oklahoma. I am writing today about the Tulsa area agency specifically, but similar programs are available throughout the state. See the Oklahoma Association of Community Action Agencies website for details on your local program.

The Community Action Project of Tulsa County provides a tremendous program to educate potential buyers on homeownership and how to prepare themselves for it.

Education consists of:

• Housing Orientation - offered several times per month.
• Financial Readiness Assessment - a housing counselor reviews your credit report, assists with discrepancies and develops a plan of action to build and/or repair your credit.
• Homebuyer Education Seminar - covers budgeting, money management, finding the right loan, finding the right home, insuring your purchase, and the steps to take to ensure a smooth process.

This education can be invaluable to anyone in the market for a new home. How many of us did it exactly right the first time? Do you even remember all of the pitfalls and hurdles? How much has changed since then?

If you are a first-time homebuyer, you can get up to $3500 toward your down payment and/or closing costs! Simply complete the CAP program, purchase a home within CAP's service area, qualify for financing, and meet income guidelines. (Down payment assistance funds are subject to availability and the purchased property must be your primary residence.)

Coupled with the $7500 (maximum) tax credit you can get from the IRS, you can receive up to $11,000 toward your first home if you buy before June 30, 2009!

Call Shelli Davidson at the Community Action Project, 918-382-3240, for more information and scheduling. Classes can fill up fast (and funds for down payment assistance are limited), so call today to reserve your spot. [I understand that the speakers at the next session (January 31, 2009) are full of great information for Tulsa area first-time homebuyers!]

Have you been through this program? How did it help you? Please comment below.

Tim Epps
918-528-4010
Tim@MyFairway.net