After dodging the bullet a few times over the past few years, seller funded DPA is finally gone. This time it will take more than a court order to save Seller Funded Down Payment Assistance. A new bill passed by the house and the senate and expected to be signed into law by the President, bans seller funded down payment assistance on FHA loans. These are companies like Nehemiah, Ameridream, American Family Funds, The Dove Foundation, etc.
On top of banning DAP they also INCREASED THE FHA MINIMUM DOWN PAYMENT TO 3.5% from 3%. Making it even harder to buy a home.
Many people had no idea that the Housing and Economic Recovery Act of 2008 included:
Sec. 2113. Cash investment requirement and prohibition of seller-funded down payment assistance.
Paragraph (9) of section 203(b) of the National Housing Act (12 U.S.C. 1709(b)(9)) is amended to read as follows:
‘‘(9) CASH INVESTMENT REQUIREMENT.—
‘‘(A) IN GENERAL.—A mortgage insured under this section shall be executed by a mortgagor who shall have paid, in cash, on account of the property an amount equal to not less than 3.5 percent of the appraised value of the property or such larger amount as the Secretary may determine.
‘‘(B) FAMILY MEMBERS.—For purposes of this paragraph, the Secretary shall consider as cash or its equivalent any amounts borrowed from a family member (as such term is defined in section 201), subject only to the requirements that, in any case in which the repayment of such borrowed amounts is secured by a lien against the property, that— ‘‘(i) such lien shall be subordinate to the mortgage; and ‘‘(ii) the sum of the principal obligation of the mortgage and the obligation secured by such lien may not exceed 100 percent of the appraised value of the property.
‘‘(C) PROHIBITED SOURCES.—In no case shall the funds required by subparagraph (A) consist, in whole or in part, of funds provided by any of the following parties before, during, or after closing of the property sale: ‘‘(i) The seller or any other person or entity that financially benefits from the transaction. ‘‘(ii) Any third party or entity that is reimbursed, directly or indirectly, by any of the parties described in clause (i).’’.
The house passed the bill last Wednesday and the senate passed it today, Saturday. All that’s left is for the president to sign the bill.
This bill is going to do a lot of great things, don’t get me wrong. But I think they picked a poor time to decide to make buying a home harder. Some estimates indicate that 30% of home-buyers were just taken out of the market with this new requirement for 3.5% down. To buy a $200,000 house a buyer now needs at least $7,000 of their own money! As it stands today the buyer can buy they same house with very little money out of pocket. With the recent changes in fanniemae and freddiemac this eliminates the last source of “No Money Down” financing to purchase a home.
The president has already agreed to sign the bill, since the clause to ban down payment assistance is a part of the 300 billion dollar package to help Americans keep their homes (like he can really veto that!)
This change is going to hit New Home Builders and Manufactured Home Dealers the hardest. They used the programs extensively to move inventory. I would say 80% of the new construction loans my company funds have Seller Funded Down Payment Assistance. Lucky for us New Construction only makes up about 10% of our overall volume.