FHA 203k Streamline: How Do Payments Work?

When getting an Arizona FHA 203k streamline loan one of the more popular questions I am asked is “how does the payment process work?” and when outlined, it isn’t all that complicated (or at least it doesn’t seem like it…)

With the FHA 203k streamline program the repair funds are held in escrow by the lender – and the borrower has 3 months from their closing date to complete all of the work on the project. There can be no more than 2 payments (called the First payment and Final payment) and the must be paid directly to the contractor who performed the work. The first payment (sometimes called a draw) is limited to a maximum of 50% of the total repair cost.

FHA 203k Streamline: How Do Payments Work? %spacebasename

For the First Payment at Closing:

When requesting the first payment at closing to be disbursed, the following will be required:

  1. Initial disbursement forms
  2. 203k maximum mortgage worksheet
  3. All bids and estimates for the project
  4. The name of the contractor to be paid and the exact amount of each check to be disbursed at closing. The underwriter will review and approve this.
  5. All signed homeowner/contractor agreements (or a self help agreement if the borrower is doing the work)

Once you have all of this information provided, typically the closing/construction department will require at least 24 hours to review the request — which means leave a little leeway on your closing date, it can be somewhat fluid.

For the Final Payment

  1. All loans require a final inspection regardless of how much repair money was allocated.
  2. Before the final release, the borrower must sign a completion and affidavit for disbursement form.
  3. Final payment is disbursed upon completion of all work – can’t disburse if work is still “in progress”

So with the FHA 203k streamline loan, there are two payments — the first and the final.

Easy enough, right?

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FHA 203k Streamline: Contractor Requirements

When using the Arizona FHA 203k streamline to finance your home, you will usually need to get a contractor to perform the work. The general process of finding a contractor and working with the lender and contractor looks like this:

  1. Lender reviews the contractors license, bonding, insurance and credentials
  2. Contractor estimates and provides the lender estimates that clearly state the nature and type of repair cost for labor and completion of the work.
  3. Lender reviews the estimates. The lender may call the borrower, loan officer and/or contractor to discuss the estimate and ask any additional questions they may have.
  4. Lender then can accept the estimate or ask for more estimates.

FHA 203k Streamline: Contractor Requirements %spacebasename

While it may seem like a long process – it really isn’t all that bad. Most lenders require that you use contractors to complete the rehab work unless the borrower can provide proof that they can perform the work (for example, if they are a general contractor, that is always a good sign they are capable…) but when the borrower is the one who completes the work the following apply:

  • Borrower must provide documented proof of expertise required to complete the work
  • Borrower ensures that the work will be completed within a “timely manner” (generally no longer than 3 months)
  • Borrower must execute a “self help” agreement
  • Borrower provides written estimates of supplies required to complete the work and must include labor in cost estimate in case a contractor is hired to complete the work.
  • Borrower may not be compensated for his/her labor. No “sweat equity” is allowed.

Is it possible for a borrower who is capable of doing the work be allowed to do the work?

Yes.

And now you know the rules of what will be required by the lender!

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FHA 203k Streamline: Why Choose The FHA 203k Streamline?

As more and more bank owned properties are bought here in Arizona, many people are starting to become aware of the various loan programs designed for homes that are in need of repair. The most popular ones are the FHA 203k Streamline, the FHA 203k loan and the Fannie Mae HomePath loan programs.

FHA 203k Streamline: Why Choose The FHA 203k Streamline? %spacebasename

When it comes to the two FHA loan options, many people ask me “why would someone want an FHA 203k Streamline loan vs. a FHA 203k “regular” loan? And the simple answer that I give is this: if the cost of repairs is anywhere close to the $35,000 allowed by FHA for the FHA 203k streamline program, go with the streamline.

If it is much, much more than that – you will need to pick the “regular” FHA 203k loan program.

But the answer is really slightly more in-depth than that — and here are just a few other reasons people choose the FHA 203k streamline loan program:

  • Architectural exhibits are not required with the FHA 203k streamline
  • The lender is responsible for making sure the cost to repair is reasonable
  • General contractors and/or consultants are not required
  • Some lenders don’t require that you get at least $5,000 in repairs (some do)

Now there are certain situations where it is clear that you are going to need far more than $35,000 to rehab a house – but I have found that in most cases, the $35,000 for repairs is more than enough – which makes choosing the FHA 203k streamline an easy choice.

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Using Mediation to Resolve Real Estate Disputes in Arizona

Conflicts in real estate transactions are inevitable. As long as there have been real estate transactions there have been issues.  Disputes in real estate can include repair issues, disclosure issues, earnest deposit, agency issues and many others. Going to court to settle a real estate dispute is always an option but most would rather try to settle with less costly methods. Most people think of alternative dispute resolution options to include only arbitration. However using a mediator is also an option.

Typically when real estate disputes are involved, they can take months or years to work out in the court system. Time is usually a very important factor in most real estate transactions. People who are in the field like contractors, realtors and inspectors do not want to risk damage to their reputation by having unfavorable allegations raised in a lawsuit. A bad ruling could limit this person’s ability to continue working in the field.

The mediation process offers a solution to these issues and concerns. Mediation is a confidential process which uses a neutral third party to help the parties resolve the conflict in a mutually agreeable manner. Mediation can be used as soon as the conflict arises and can often be finished in a few days rather than a few years. Compared to going to court, mediation is very inexpensive. You do not need to have an attorney to participate in a mediation. If you want to have an attorney with you at a mediation you can but it is not a requirement. A benefit of mediation is that it can repair relationships and the professionals may even continue to get referrals from once disgruntled clients. Mediation has a track record for success. Most mediations result in an agreement. Just because the agreement wasn’t attained in a courtroom does not mean that it is not binding.

If you are entering a real estate transaction, ask your Realtor or Professional if the contract they are using contains a mediation clause in it. Most states have them but you should still check just to make sure. The Arizona Association of Realtors offers mediation services to every case that is appropriate for arbitration. For more information on mediation in Arizona go to AZmediator.com.

This Article is designed to be of general interest and should not be considered legal advice. The specific information discussed may not apply to you. Before acting on any matter contained herein, you should consult with your personal legal adviser

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Neighborhood Stabilization Program in Arizona: Free Money

If you are a local Realtor or someone who is thinking about buying a bank-owned home, you really can’t afford not to know about the Neighborhood Stabilization Program.

The federal Government gave about $120 million to this program and it is designed to help people who are buying a bank owned home live in the home for a period of time and in return, the government will give you money to do so.

How much money?

22% of the purchase price of the home.

Yes, you read that right – the Neighborhood Stabilization Program will give you 22% of the purchase price of your new home as long as it is currently owned by the bank no matter whether the house is a foreclosure near the light rail or in Buckeye or Tucson. And that is on top of the $8000 tax credit.

Neighborhood Stabilization Program in Arizona: Free Money %spacebasename

Some of the highlights of the Neighborhood Stabilization Program include:

  • You must occupy the property as your primary residence.
  • You must attend a Homebuyer Education Class prior to writing an offer for your home.
  • You must have a maximum debt‐to‐income ratio of 31/43.
  • You must be AUS approved eligible.
  • You must have two months PITI reserves.
  • You must be approved and have your paperwork completed for the program prior to submitting an offer on a house.

The NSP program is not a loan program – it is a grant program. This means that you can use any type of loan with the NSP program (FHA, VA, USDA, etc.) and still get a grant of 22% of the sales price of your home.

Sound too good to be true?

It isn’t.

Call us anytime with questions.

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Tough Choices: What To Do When You Owe Far More Than Your Home Is Worth

If you bought a house between 2004 and 2006, chances are you have talked with someone about how far under water you are in your house. If you haven’t lost your job or suffered a decrease in personal income, it isn’t really that big of a deal, you just keep making your house payment and think to yourself “it will come back, I just have to wait out the dip in value.”

Will it?

I don’t know, and the truth is no one else knows either.

But for those of you who have had some kind of “hiccup” in your income – meaning you make less money now than you did when you bought the house… you have some tough choices to make. I know, because many of you call me asking me what you should do and my only advice is to “pick” one of the choices that are available to you rather than just “let” one of the choices happen to you.

Tough Choices: What To Do When You Owe Far More Than Your Home Is Worth %spacebasename

But here are your choices (in a nutshell) of what your options are if you are severely under water in your home (you owe more than 125% of the value of the home) and you have had a hiccup in your income:

Tough Choices:

  1. Keep making your payment.
  2. Attempt to get a loan modification by calling your lender.
  3. List your house for a “short sale”.
  4. Negotiate for a deed-in-lieu of Foreclosure with your lender.
  5. Go through the foreclosure process.

Keep Making Your Payment

The simple fact is that if you find some way to keep making your payment, then nothing will change. True, it may be harder to keep making your payment now than it was before your income was reduced – but as long as you keep making your payment, most likely nothing will change. It is possible that you could get a loan modification if you keep making your payment, but not a 100% for sure thing.

Work With Your Lender For A Loan Modification

Most people are aware of what the term “loan modification” means – and the easiest way to get a loan modification (note: they are not easy to get in my opinion) is to simply call your lender and start the process with them. Be prepared for a loan modification to take months. Most of the time, a loan modification will reduce your interest rate and/or extend the term of your loan (usually from 30 to 40 years) but will not reduce the amount of money that you owe.

Short Sell Your Home

List your home for less than you owe your lender and attract a buyer. Once the buyer submits an offer, the lender must approve the offer – because they will most likely be writing off the difference between what you owe and what they will get from the sale of the home.

Deed In Lieu of Foreclosure

Sometimes your lender will allow you to leave the home in good condition and accept a deed-in-lieu of Foreclosure. The Deed in Lieu is better than foreclosure in my opinion only because once you have a deed-in-lieu negotiated out with the bank, you can get on with trying to repair your credit. With a foreclosure, there will still be negative reporting on your credit until the bank has disposed of the property.

Foreclosure

The last resort is foreclosure. The truth is that the best way to prevent foreclosure is to know what your options are and to start at the top of this list and try to get each one done. But in the end, at some point, if you don’t make your payment and you don’t get a loan modification done and you don’t sell your home and if you don’t get a deed-in-lieu of Foreclosure… Foreclosure happens.

And it isn’t the end of the world.

But it is time to start picking up the pieces and start re-building your credit.

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$8000 Tax Credit Coming To An End

The $8000 tax credit is coming to an end.

If you are thinking of buying a home and taking advantage of the $8000 tax credit, you will want to actively get into the process of searching for a home as soon as possible. You might not have as much time as you think – because the process of buying a home has been stretched out recently due to market conditions (here in Phoenix) as well as the time it takes to get approved for a mortgage due to new mortgage rules.

$8000 Tax Credit Coming To An End %spacebasename

The $8000 tax credit program is scheduled for termination as of December 1, 2009 – and unless it gets extended for some reason, you must close on your new home prior to this date. If you are thinking to yourself “December is still a ways off…” consider this:

  • Due to current market conditions, houses in the sub-$300k range are getting multiple offers – which means you may need to “bid” on multiple properties before “winning” one.
  • It “normally” takes 30 days to get your financing arranged once you have a sales contract.
  • According to the IRS, you must actually close on the home home for it to be considered occupied and qualified for the credit.

Is The 8000 Tax Credit Going To Be Extended?

Yes.

That is my official prediction. And now that I have said that, I probably should tell you that I am wrong about these kinds of predictions more than I am right.

So don’t take my word for it, plan your financial life as if my prediction of the $8000 tax credit being extended is wrong and it will end forever after December 1. It is impossible to tell for sure whether or not it will be extended, but I can’t think of a bigger mistake than hoping that it gets extended, putting off buying your home until “next spring” and then finding out that the $8000 tax credit ended.

Better hurry!

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