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SUMMARY OF SUBCOMMITTEE HEARING ON HUD RULE
On May 11, 2007, the Department of Housing and Urban Development (HUD)
issued a proposed rule on "Standards for Mortgagor's Investment in
Mortgaged Property" (FR-5087-P-0). The proposed rule states homebuyers
using mortgages insured by the Federal Housing Administration (FHA) be
prohibited from accepting downpayment gifts that are indirectly funded
by the home seller. HUD has given the housing industry and consumer
groups until July 10 to comment on its proposal to eliminate downpayment
assistance (DPA) programs.
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If implemented as written, this ruling will end The Nehemiah Program
and similar programs. The
Subcommittee on Housing and Community Opportunity, lead by
Chairwoman Maxine Waters (CA), held a hearing on Homeowner
Downpayment Assistance Programs and Related Issues at the Rayburn
House Office Building in Washington, D.C. on June 22, 2007. The
purpose of the hearing was to address public interest in this issue
and answer questions surrounding downpayment assistance programs
offered in communities across the United States.
Meg Burns of HUD confirmed that the proposed rule stems from HUD's
concern that privately-funded downpayment assistance inflates home
appraisals, causing higher default rates which will impact the FHA
Insurance Fund.
Every Subcommittee member suggested that HUD withdraw the proposed
rule and implement regulation to monitor privately-funded DPA programs
in order to increase its effectiveness.
Subcommittee Chairwoman Maxine Waters (CA) suggested that HUD extend
the July 10 comment period deadline on the proposed rule for another
30 days. Representative Waters also recommended adding language to a
FHA reform bill (H.R. 1852) that would override HUD's proposed DPA
rule. Ms. Waters, along with several other committee members were
concerned that HUD was trying to exchange downpayment assistance for
the "zero down" loan product included in H.R. 1852.
Nehemiah will continue to update you on any new developments.
To view the archived hearing webcast and read testimony from the
hearing, click on the link below.

Nehemiah’s Position
The testimony during the hearing renewed Nehemiah's plea to have
industry regulation or guidance from HUD. The Subcommittee
unanimously agreed.
Downpayment assistance has been responsible for creating over
500,000 low-and moderate-income (LMI) homeowners since 1997 and
represents approximately 40% of the FHA current mortgage portfolio.
The performance of privately funded downpayment assistance could be
significantly improved by imposition of industry wide performance
standards that support successful homeownership, and the lack of
standards and best practices for the last decade means that as
successful as downpayment assistance has been, its performance
would have been greatly enhanced by the best practices and program
requirements that groups have individually and collectively
advocated.
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"Downpayment assistance creates instant equity for the homeowners."
Rep. David Scott, GA |
“Let’s not throw the baby out with the bath water.”
Rep. Gary Miller, CA |
"Regulate it appropriately and make it work."
Rep. Al Green, TX |
“Amend it; don’t end it.”
Scott Syphax, Nehemiah President and CEO |
JUST A FEW DAYS LEFT TO COMMENT ON HUD RULE
To date, over 9,000 DPA recipients, consumers, and industry
professionals have submitted comments to the federal regulations website
(www.regulations.gov).
If you have already submitted your comments, Nehemiah thanks you for your support.
If you have not had a chance to make your voice heard regarding this rule,
you must speak up now! July 10, 2007 is the deadline for public comment
on the proposed rule.
- Click on the "Take Action" button.
- Scroll down to Compose Message.
- When finished, enter
your contact information and click "Send Message".
Stay Up-To-Date
Count on Nehemiah for up-to-date information
regarding the proposed HUD ruling. Visit our website www.getdownpayment.com/updates and
register to receive future email updates as they become available.
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