MCAD

MCAD News

2009-08-19T09:38:00.002-04:00

Funding Support for Association Diversity Activities
NAR's diversity strategies recognize the critical role that diversity activities play in achieving NAR's diversity objectives. To support your efforts, NAR’s Community & Political Affairs Department is now soliciting applications for its Diversity Initiative Grant program. The maximum amount available to any one association is $5,000 per grant cycle. The application deadline is October 2. For full program details, please visit www.realtor.org/diversitysupport or contact Hugh Morris at 202-383-1278 or hmorris@realtors.org

New Policy Videos Online
Find out what the National Association of REALTORS® legislative and regulatory policy experts are saying about the issues affecting REALTORS® and their businesses. There are four new videos online, discussing HVCC, health reform, the Small Business Administration and data security.

SBA Clarifies REALTOR® Eligibility for SBA Guaranteed Financial Assistance
In a letter to NAR President Charles McMillan, dated August 5, 2009, the Small Business Administration (SBA) Office of Financial Assistance stated that licensed real estate agents are eligible for SBA guaranteed financial assistance. The SBA letter came in response to McMillan’s written request to SBA Administrator Karen Mills, dated July 24, 2009, requesting clarification of this issue, after NAR received reports that some real estate agents, who generally operate as independent contractors, were denied eligibility for SBA loans. The SBA response also reiterated that real estate brokers are eligible for SBA guaranteed financial assistance. If you have questions, CONTACT Scott Rinn at 202-383-7508 or srinn@realtors.org.

NAR Develops New Lead Paint Compliance Guide
This compliance guide provides information for REALTORS® and property managers on the EPA's new Renovation, Repair and Painting Rule. The guide describes the new lead-based paint safety practices established by the rule and what steps REALTORS® and property managers need to take to comply with the new procedures. The guide includes a short introduction, two narrated presentations and two sets of frequently asked questions answered by EPA officials and regulatory experts—one video each for REALTORS® and property managers. If you have questions, CONTACT Russell Riggs at 202-383-1259 or rriggs@realtors.org.

RPAC Contribution Deadline Approaching
This is a friendly reminder that funds must be received in Chicago by close of business Thursday, October 22, in order for contributions to be recognized for the 2009 recognition year. If you have any questions, please CONTACT the RPAC staff at 202-383-1191 or Debbie Frey in the Finance Department at 312-329-8565.

RPAC’s 40th Anniversary Reception at Annual Convention
This year marks RPAC’s 40th anniversary, and what better way to celebrate than with a party in sunny San Diego for ALL RPAC Major Donors (Sterling, Crystal and Golden R members)? The reception will be held on Saturday, November 14, from 6 p.m. – 8 p.m. at the Manchester Grand Hyatt. Invitations are forthcoming. If you have any questions, please CONTACT Kristen Daugherty at 202-383-1166 or kdaugherty@realtors.org.

Buncombe County’s Affordable Housing Services Program 2009-2010 Application

2009-07-17T08:42:00.000-04:00

Dear Developer:

Buncombe County Commissioners have identified affordable housing as a priority and are excited to fund the Affordable Housing Services Program again this year. The following eligibility requirements have been established to better serve the need in our community:

• The maximum price for a housing unit is now $160,000;
• The maximum amount that can be spent per unit is $25,000;
• The maximum amount that can be awarded for downpayment assistance is $15,000 per unit.

The programs that are eligible with this program are downpayment assistance programs; new construction loans for single-family units; rehabilitation of multi-family residential units for rent or sale; and conversion of existing non-residential structures for housing for rent or sale. Housing opportunities created with these funds must benefit households within the 80% are median income.

The deadline for submission of the application is July 31, 2009. Applications can be submitted via email, by mail or by hand. If you have questions concerning the program, please feel free to contact me and I will assist you. If you would like to have a copy mailed to you please contact our office at 828-250-4830. You can access this application n the web in either Word or Adobe PDF format at:

http://www.buncombecounty.org/common/planning/affordableHousingApp.pdf

Sincerely,

Donna Cottrell
Buncombe County Planning Department

NAR Legislative Analysis The American Clean Energy and Security Act

2009-07-01T16:07:00.003-04:00

NAR Legislative Analysis
The American Clean Energy and Security Act
National Association of REALTORS® Government Affairs Division
500 New Jersey Avenue, NW, Washington, DC, 20001
Houses Passes Climate Bill with Energy Labeling Exemptions
The U.S. House of Representatives approved H.R. 2454, the American Clean Energy and Security Act by Reps. Waxman
(D‐CA) and Markey (D‐MA). The bill, re‐numbered H.R. 2998, includes NAR‐supported provisions, championed by Rep. Perlmutter (D‐CO), that exempt existing homes and buildings from the bill's provisions to build upon an existing Energy Star energy labeling program.

After multiple consultations with the NAR Climate Presidential Advisory Group, the NAR Land Use, Property Rights and Environment Committee, and state associations who had dealt with energy audit legislation at the state level, the Land Use, Property Rights and Environment Committee directed NAR staff to concentrate on the real estate provisions in the bill. As a result, NAR issued calls for action and made this a talking point for Capitol Hill visits during its recent Midyear
meeting.

Overall, Realtors succeeded in making a number of positive changes to the bill. Thanks to Realtors, the House‐approved
bill:
• Does not create a federal energy audit requirement for real property;
• Exempts existing homes and building from any federal guidelines for new construction energy efficiency information labels.
• Prohibits the implementation of any labeling during a sales transaction.
• Leaves the decision to states as to whether to require energy audits, disclosures, etc.
• Provides property owners with significant financial incentives, matching grants and tools to make property improvements and reduce their energy bills;
• Prohibits the Environmental Protection Agency from regulating residential and commercial buildings under the Clean Air Act;
• Eliminated an early proposal to allow citizens to sue over minor climate risks under the Clean Air Act; and
• Establishes green building incentives for HUD housing, including a loan program for renewable energy, block grants and credit for upgrades in mortgage underwriting.

While H.R. 2998 includes many positive changes, NAR will have additional opportunities to make further changes to address unresolved issues, such as the bill's building energy code targets. The Senate must still pass its version of an
energy and climate bill. There would be a House‐Senate conference committee to reconcile differences between the House and Senate bills. The timing for a vote in the Senate is not clear as the Environment and Public Works Committee still must develop the climate provisions to "cap and trade" carbon emissions. The Senate Energy and Natural Resources Committee has approved energy provisions that are more realistic and preserve state flexibility to develop and enforce building codes. While the bill as approved by the House represents a significant improvement over the bill that was introduced, NAR will continue to work to address these issues as the legislative process continues.

An NAR summary of climate issues, which summarizes NAR policy, may be accessed on Realtor.org. Here is the link: http://www.realtor.org/fedistrk.nsf/c2c6e17e27e92119852572f8005cd953/4c238a3be8220682852573d4006f1dfc?OpenDocument

Myths and Facts: Home energy labeling

On June 26, the House of Representative approved H.R. 2454, the American Clean Energy and Security Act. Since then, there have been many reports about the bill and NAR's position that are based on incomplete information.
Here are the facts:

Claim: “The bill mandates energy audits and labeling before any home in America is sold.”
Fact: The bill does not create a federal energy audit or labeling requirement. As introduced, the original bill would have required energy audits and labeling at the time of sale. However, Realtors succeeded in making many positive changes before the bill passed. Many published reports are not based on the version of the bill that was considered by the House. As approved, the bill:
• Does not create energy audit requirement for real property at time of sale.
• Exempts existing homes, multifamily and commercial buildings from any federal energy labeling guidelines such as the existing federal Energy Star label program (section 204(m)), and
• Leaves the decision entirely to state governments whether to pass a law to require labels, but expressly prohibits labeling during a transaction (Section 204(h)).

Claim: “The bill federalizes building codes.”
Fact: The bill would create a national building code standard that improves upon building energy efficiency. States would be given 1 year to bring their state codes into compliance with the new national standards. If a state fails to do so, the federal government would set and enforce the state’s energy codes.
Throughout the bill’s development, NAR has worked as part of a broad real estate coalition to address concerns with the House bill’s building‐code provisions. While we supported committee amendments to limit these provisions, the amendment to strike the section was unfortunately voted down along party lines.
NAR will redouble its efforts in the Senate where the energy committee has reported bipartisan alternative to the House’s that sets more realistic energy reduction targets while preserving state and local authority. If and when the Senate takes up its bill and it reaches a House‐Senate conference to resolve the bill differences, we will undertake the necessary efforts and activities to ensure onerous provisions are not imposed on real estate markets.

Claim: “NAR supports a "Cap and Tax" bill”
Fact: NAR supported moving legislation to the Senate that provides home owners with the resources and tools they need to improve property and save money on their energy bills. As passed, the bill:
• Does not create a federal energy audit requirement for real property;
• Exempts existing homes and buildings from any federal guidelines for new construction energy labeling.
• Leaves the decision to state government whether to pass a law and label, but specifically prohibits any labeling during a sales transaction.
• Prohibits the Environmental Protection Agency from regulating carbon emissions from residential and commercial buildings under the Clean Air Act;
• No longer includes provisions to bolster a private right of action under the Clean Air Act that would have allowed citizens to halt construction over minor risks – whether real or imagined;
• Offers property owners with matching grants and diagnostic tools to make property improvements that saves energy; and
• Provides green building financial incentives for HUD housing, including a loans, block grants and credit in underwriting for energy improvements.

At the direction of the NAR Board of Directors and Land Use, Property Rights and Environment Committee, NAR concentrated on the real estate provisions in the bill. While there were many NAR‐supported changes to the House bill, NAR will continue working to address the remaining issues as the bill winds its way through the legislative process.

Claim: “NAR should have read the bill.”
Fact: NAR reviewed the entire amendment and bill before taking a position. NAR was directly involved in the development of the 308‐page amendment. The energy labeling exemption for existing real property was included on page 45. The House bill is available to the public at the Library of Congress’ website: http://thomas.loc.gov/.
The real estate provisions are in Title 2 beginning on page 320.

Legislative Contact:
Austin Perez, aperez@realtors.org, 202‐383‐1046
Regulatory Contact:
Russell Riggs, rriggs@realtors.org, 202‐383‐1259
Legislative Contact:
Helen Devlin, hdevelin@realtors.org, 202‐383‐7559

Condominium Approval Process – Single Family Housing

2009-06-24T09:39:00.000-04:00

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-8000
ASSISTANT SECRETARY FOR HOUSINGFEDERAL
HOUSING COMMISSIONER
June 12, 2009 MORTGAGEE LETTER 2009-19
TO: ALL APPROVED MORTGAGEES
ALL FHA ROSTER APPRAISERS

In accordance with the passage of the Housing and Economic Recovery Act (HERA) of 2008, the Federal Housing Administration (FHA) is implementing a new approval process for Condominium Projects to insure mortgages on individual units under Section 203(b) of the National Housing Act. FHA will now allow lenders to determine project eligibility, review project documentation, and certify to compliance of Section 203(b) of the NHA and 24 CFR 203 of HUD’s regulations. HUD will continue to maintain a list of Approved Condominium Projects. The requirements of this Mortgagee Letter are effective for all case numbers assigned on or after October 1, 2009 except as noted.
The purpose of this Mortgagee Letter is to provide guidelines and instructions on options available to lenders to receive mortgage insurance on condominium units which are located in a project. The lender will be required to retain all the project legal documents, contracts, conveyances, plats, plans, insurance coverage, presale and owner occupancy conditions and other documentation in connection with their review and approval of the condominium project. When requested, the lender must provide such documentation to HUD staff for verification of compliance with HUD’s regulations.
I. Approval Processing Options
A. The lender will have two condominium project approval processing options. The applicable documentation requirements will be the same for each option:
1. HUD Review and Approval Process (HRAP).
2. Direct Endorsement Lender Review and Approval Process (DELRAP), outlined in this Mortgagee Letter. This option is only available to lenders who have unconditional Direct Endorsement authority and staff with knowledge and expertise in reviewing and approving condominium projects.
B. The processing options stated above will be applicable to condominium developments that are:
1. Proposed/Under Construction;
2. Existing Construction; or
3. Conversions.
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II. Eligible Projects
The Condominium Project has been created and exists in full compliance with applicable State law requirements of the jurisdiction in which the Condominium Project is located, and with all other applicable laws and regulations.
III. Ineligible Projects
A. Condominium Hotel or “Condotels”
B. Timeshares or segmented ownership projects
C. Houseboat projects
D. Multi-dwelling unit condominiums [i.e. more than one dwelling per condominium unit]
E. All projects not deemed to be used primarily as residential
IV. General Requirements
A. Site Condominiums
Site Condominiums are single family detached dwellings encumbered by a declaration of condominium covenants or condominium form of ownership. Condominium Project approval is not required for Site Condominiums; however, the Condominium Rider (Attachment D) must be included in the FHA case binder submitted for insurance endorsement. Manufactured housing condominium projects (MHCPs) may not be processed as site condominiums; these projects will require approval under HRAP.
NOTE: Site Condominiums requirements are effective immediately with issuance of this Mortgage Letter.
B. “Spot Loan” Approval Process
The Spot Loan Approval process as defined in Mortgage Letter 1996-41 is eliminated with issuance of this guidance. The DELRAP and HRAP processes have been streamlined to allow for uncomplicated condominium project approvals eliminating the need to approve units on a “spot loan” basis.
C. FHA-to-FHA Transactions
Project Approval is not required for:
a. FHA-to-FHA streamline refinance transactions; or
b. FHA/HUD Real Estate Owned (REO) Division sales.
D. Environmental Review Requirements
If a lender elects to use the HRAP option, then environmental reviews will not be
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required for projects that, at the time that condominium project approval is requested,
have progressed beyond that stage of construction where HUD has any influence over the
remaining uncompleted construction. This occurs when:
a condominium plat or similar development plan and any phases delineated therein have been reviewed and approved by the local jurisdiction and, if applicable, recorded in the land records, and the construction of the project’s infrastructure (streets, stormwater management, water and sewage systems, utilities, facilities (e.g., parking lots, community building, swimming pools, golf course, playground, etc.) and buildings containing the condominium units has proceeded to a point that precludes any major changes.
Environmental reviews will not be required for condominium projects approved using the
DELRAP option. If the appraiser identifies an environmental condition or the lender is
aware of an existing environmental condition through remarks provided on the Builder’s
Certification, form HUD-92541, the appraisal or other known documentation, the lender
must avoid or mitigate the following conditions before completing its review process:
1. The project is located in a Special Flood Hazard Area designated on a Federal Emergency Management Agency flood map.
2. Potential noise issues, where the property is located within 100 feet of a highway, freeway, or heavily traveled road, within 300 feet of a railroad, or within one mile of an airport or five miles of a military airfield.
3. The property has an unobstructed view, or is located within 2000 feet, of any facility handling or storing explosive or fire-prone materials.
4. The property is located within 3000 feet of a dump or landfill, or of a site on an EPA Superfund (NPL) list or equivalent state list, or a Phase I Environmental Site Assessment indicates the presence of a Recognized Environmental Condition or recommends further (Phase II) assessment for the presence of contaminants that could affect the site.
5. The property has any hazards or adverse conditions listed in Section 1.f. of the Builder’s Certification, including, but not limited to, high ground water levels, unstable soils, or earth fill.
6. The project is located in a wetland designated on National Wetlands Inventory maps or designated by State or local authorities.
7. The project is on the National Register of Historic Places or is within a historic district listed on the Register.
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8. The appraiser or DE lender is aware of any other condition that could adversely affect the health or safety of the residents of the project.
V. Project Eligibility Requirements
A. The following requirements apply to all Condominium Project approvals:
Projects consist of two units or more. Projects must be covered by hazard and liability insurance and, when applicable, flood insurance. Right of first refusal is permitted unless it violates discriminatory conduct under the Fair Housing Act regulation in 24 CFR 100. No more than 25 percent of the property’s total floor area in a project can be used for commercial purposes. The commercial portion of the project must be of a nature that is homogenous with residential use, which is free of adverse conditions to the occupants of the individual condominium units. No more than 10 percent of the units may be owned by one investor. This will apply to developers/builders that subsequently rent vacant and unsold units. For two and three unit condominium projects, no single entity may own more than one unit within the project; all units, common elements, and facilities within the project must be 100 percent complete; and only one unit can be conveyed to non-owner occupants. No more than 15 percent of the total units can be in arrears (more than 30 days past due) of their condominium association fee payment. At least 50 percent of the total units must be sold prior to endorsement of any mortgage on a unit. Valid presales include an executed sales agreement and evidence that a lender is willing to make the loan.1 At least 50 percent of the units of a project must be owner-occupied or sold to owners who intend to occupy the units.2 For proposed, under construction or projects still in their initial marketing phase, FHA will allow a minimum owner occupancy amount equal to 50 percent of the number of presold units (the minimum presales requirement of 50 percent still applies). Legal Phasing is permitted for condominium processing. It is recommended that developers submit all known phases for initial project approval. For purposes of calculating the owner-occupancy percentage:
a. On multi-phased projects the owner-occupancy percentage is calculated on the first declared phase and cumulatively on subsequent phases if the ownership of the condominium project remains the same;
1 Secondary residences can only be included if it meets the requirements of 24 CFR 203.18(f)(2).
2 If the owner-occupancy ratio includes presales, FHA requires an executed sales agreement and corresponding evidence that a lender is willing to make the loan and the buyer intends to occupy the unit. A separate owner-occupancy certification is also required in the FHA case binder for loans where the Individual Condominium Unit Appraisal Report, Fannie Mae Form 1073, does not contain the required data or the condominium project is proposed or under construction.
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b. If multi-phasing includes separate ownership per phase, each phase is calculated individually; or
c. Single-phase condominium project approval requests must meet the owner-occupancy percentage requirement.
FHA Concentration
a. Projects consisting of three or less units will have no more than one unit encumbered with FHA insurance.
b. Projects consisting of four or more units will have no more than 30 percent of the total units encumbered with FHA insurance.
Reserve Study - a current reserve study must be performed to assure that adequate funds are available for the funding of capital expenditures and maintenance. A current reserve study must be no more than 12 months old – if recent events or market conditions have affected the finished condition of the property that information must be included. When reviewing the reserve study, consideration must be given to items that have been replaced after the time that the reserve study was completed.
VI. Manufactured Housing Condominium Projects
Pursuant to HERA, manufactured housing condominium projects are now eligible for FHA mortgage insurance. Accordingly, all outstanding and current FHA Manufactured Housing individual unit requirements remain applicable for both Home Equity Conversion Mortgages (HECM) and forward mortgages, including elevations in flood zones and foundation requirements. MHCPs must be submitted to the applicable Homeownership Center for review and approval – these projects are ineligible for DELRAP processing. MHCPs may not be processed as site condominiums; these projects will require approval under HRAP.
1. Appraisal reporting requirements for condominium manufactured homes:
a. Appraisal must be reported on the Manufactured Home Appraisal Report (Fannie Mae Form 1004C).
b. Subject condominium project must be inspected and the Project Information section of the Individual Condominium Unit Appraisal Report (Fannie Mae Form 1073) must be completed and included as an addendum to the appraisal report.
c. Comparable sales must be condominium manufactured homes. Detailed explanations must be provided when search parameters are expanded due to the lack of comparable sales in subject market area.
VII. Condominium Conversions
Conversion to condominiums occurs in those projects which involve changing the title of
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an existing structure generally under one title, to property that is separated into units so that the title to most units can be held separately. Changes to condominium conversion requirements are defined below:
1. The one-year waiting period requirement for conversions is eliminated;
2. In the event that FHA is insuring a mortgage on a unit and an undivided interest in the common elements on a project undergoing remodeling or rehabilitation, the entire condominium project, including the common facilities, must be 100 percent completely built before any mortgage may be endorsed. Escrow provisions will be permitted for weather related delays for common areas only.
VIII. FHA Connection (FHAC)
System modifications will be made to capture additional information, remove obsolete fields, and identify points of contacts. Major planned system modifications are:
1. Establishment of a Condominium Project Approval screen in FHAC that will be used by DE lenders and HUD staff to enter approval, rejection and recertification data.
2. System generated condominium project identification numbers based on the HOC of jurisdiction.
NOTE: While major system modifications have been identified, other modifications will be made and released as necessary to ensure collection of all valid information.
IX. Condominium New Construction Pre-approval and Inspection Requirements
Mortgagee Letter 2001-27 prohibited condominium processing under those guidelines. This Mortgagee Letter now permits condominium processing under the policy as established below.
In cases where a building permit and a certificate of occupancy (or its equivalent) are issued by a local jurisdiction that performs a minimum of three inspections (typically the footing, framing and final) neither an Early Start Letter nor a HUD approved ten-year warranty plan is required. For those jurisdictions that do not issue a building permit (or its equivalent) prior to construction and a Certificate of Occupancy (or its equivalent) upon completion of construction, a condominium unit that is one year old or less must have either an Early Start Letter (with a minimum of three inspections by an FHA Roster Inspector) or be covered by a HUD-approved ten-year warranty plan (with a final inspection by a FHA Roster Inspector) to be eligible for high-ratio mortgage insurance. All condominium types are eligible to follow this process (e.g. Multi-family). Projects are still required to be on the FHA-approved condominium list.
FHA will require the completion and retention of the following documents when processing new construction condominium project approvals:
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Builder’s Certification of Plans, Specifications and Site, form HUD-92541 Builder’s Warranty, form HUD-92544 Building Permit (or its equivalent) Final Certificate of Occupancy (or its equivalent)
FHA will not accept a temporary Certificate of Occupancy; all units within the building
(where the specific unit that is security for the insured financing is located) must be complete.
X. General Processing Steps for DELRAP or HRAP
A. Determine acceptability of the site and location of the project. Refer to Attachment A, Condominium Project Approval Matrix.
B. Review the project’s financial and legal documents; if acceptable, authorized personnel will sign and date the Lender Certification of Condominium Requirements
(Attachment B).
C. Place the Lender Certification of Condominium Requirements and other required certifications in the FHA case binder.
D. Retain and maintain all documents used to review and approve the project for a period of three years from the date of project approval.
E. Mixed condominium review and processing is not permitted. If a lender opts to participate in the DELRAP process, all future processing submissions must be processed, accordingly, in that sole and particular manner with the exception of manufactured housing condominium project approvals (these must be submitted to the applicable Homeownership Center for review and approval).
F. If a project is listed as Rejected or Withdrawn on the FHA-approved condominiums list, the only approval process accepted is HRAP.
G. Second and subsequent lenders that submit a unit for insurance in a project that is listed on the FHA-approved condominium list are not required to complete any further approval process. At the lender’s discretion, they may seek any additional information to satisfy their own requirements and/or perform their own due diligence. FHA will require the lender to certify it has no knowledge of circumstances or conditions that might have an adverse effect on the project or cause a mortgage secured by a unit in the project to become delinquent.
H. Subsequent phases being approved by a different lender must follow the general procedures listed here in Section X. The original lender must also follow these general procedures but will have already satisfied some of the steps listed.
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I. All required certifications, as applicable, must be included in the FHA case binder submitted for insurance endorsement.
J. For both new construction and conversions if the developer intends to market five or more units within the next 12 months with FHA mortgage insurance, an Affirmative Fair Housing Marketing Plan (AFHMP) or a Voluntary Affirmative Marketing Agreement (VAMA) must be in place. Form HUD-935.2C, Affirmative Fair Housing Marketing Plan – Condominium or Cooperatives, is to be used for condominium projects. This completed form must be submitted to the Director of the Processing and Underwriting Division in the jurisdictional HOC for approval. If “a, b, c, or d” is checked on response to Question 2 in the Applicability section, the developer is not required to complete an AFHMP. The developer should complete block 11 on form HUD-92541, Builder’s Certification of Plans, Specification and Site.
K. Environmental reviews will be required for proposed and under construction project approvals submitted under the HRAP option consistent with the Environmental Review Requirements listed in Section IV. D. Environmental review is not required under DELRAP, but the lender must take necessary actions to avoid or mitigate identified environmental conditions prior to completing its project review.
L. Transfer of control of the Homeowners Association shall pass to the owners of units within the project no later than the earlier of the following:
1. 120 days after the date by which 75 percent of the units have been conveyed to the unit purchasers, or
2. One year after completion of the project evidence by the first conveyance to a unit purchaser.
XI. Certification for Initial Approval
Lenders must provide certifications on company letterhead signed by a company authorized representative (signature stamps or electronic signatures are not authorized) that:
1. The eligible condominium project complies with applicable FHA requirements addressed within this Mortgagee Letter;
2. All condominium legal documents meet HUD regulations, state and local condominium laws; and
3. Pre-sale and owner occupancy ratios per loan are met.
NOTE: FHA will not require an attorney's certification; however, lenders may obtain this as part of their due diligence process. Lenders are reminded that this document will not replace other condominium certifications required from the lender.
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XII. Certification of Projects Previously Approved
If a project has been previously approved, lenders must certify that they are not aware of any change in circumstances since initial approval of the project that would result in the project no longer complying with FHA requirements.
XIII. Recertification of Project Approvals
Condominium Project approvals will expire two years from the date it has been placed on
the list of approved condominiums. This will also apply to all projects currently on the list of approved condominiums. Further participation in the program after this two-year period has expired will require recertification to determine that the project is still in compliance with HUD’s owner-occupancy requirement and that no conditions currently exist which would present an unacceptable risk to FHA. Items that should be given consideration are:
1. Pending special assessments,
2. Pending legal action against the condominium association, or its officers or directors,
3. Hazard, liability insurance and when applicable flood insurance.
XIV. Quality Assurance
Monitoring the condominium approval process is critical to the success of the program. Lenders who approve condominium projects utilizing the DELRAP option will be required to submit a copy of the complete condominium project approval package to the applicable Homeownership Center within five business days of approval. Lenders are required to submit the first five DELRAP approvals for review. Further, to manage FHA’s risk, and ensure compliance with all condominium project policy requirements, additional condominium project approvals will be selected for review. The criteria for selection of the additional approvals will be determined and lenders will be notified in future guidance.
XV. False Certifications
Title 18 U.S.C. 1014, provides in part that whoever knowingly and willfully makes or uses a document containing any false, fictitious, or fraudulent statement or entry, in any matter in the jurisdiction of any department or agency of the United States, shall be fined not more than $1,000,000 or imprisoned for not more than 30 years or both. In addition, violation of this or others may result in debarment and civil liability for damages suffered by the Department.
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XVI. Insurance of Individual Units
All applicable, outstanding and any additional FHA insurance requirements not defined in this guidance must be met for individual units.
If you have questions regarding this Mortgagee Letter, please call the FHA’s Resource Center at 1-800-CALL-FHA (1-800-225-5342). Persons with hearing or speech impairments may access this number via TDD/TTY by calling 1-877-TDD-2HUD (1-877-833-2483).
Sincerely,
Brian D. Montgomery
Assistant Secretary for Housing-
Federal Housing Commissioner

Energy Efficient Mortgages – Increase in the Dollar Amount of Energy Efficient Improvements

2009-06-24T09:37:00.000-04:00

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-8000
ASSISTANT SECRETARY FOR HOUSINGFEDERAL
HOUSING COMMISSIONER
www.hud.gov espanol.hud.gov
June 10, 2009 MORTGAGEE LETTER 2009-18 TO: ALL APPROVED MORTGAGEES

Section 2123 of the Housing Economic Recovery Act of 2008 (HERA) (Public Law 110-289, approved July 30, 2008) amended Section 106 of the Energy Policy Act of 1992 concerning the maximum additional amount that can be added to an FHA insured mortgage for energy efficient improvements. These mortgages with additional amounts for energy efficient improvements are known as Energy Efficient Mortgages (EEMs). This Mortgagee Letter provides guidance to approved mortgagees on the new statutorily authorized maximum mortgage amounts for FHA insured EEMs. In addition to the base FHA maximum mortgage amount limit, which is calculated on the value of the home, the mortgage loan amount for an EEM can be increased by the cost of effective energy improvements. The maximum amount of the cost of the energy efficient improvements is set out below. The maximum amount of the portion of the EEM for energy improvements is the lesser of 5% of: the value of the property, or 115% of the median area price of a single family dwelling, or 150% of the conforming Freddie Mac limit.
FHA has issued several Mortgagee Letters (MLs) that address eligibility requirements that must be met when originating EEMs. Specifically, FHA directs mortgagees’ attention to the most recent ML, 2005-21, for guidance on originating EEMs. 2005-21 includes underwriting instructions and information regarding Home Energy Rating Systems (HERS) that are used to determine the cost of the energy improvements and estimated energy savings. Mortgagees are reminded that the cost of effective energy improvements may be added to the base FHA maximum mortgage amount if the cost is less than the Present Value of the energy saved.
If you have any questions regarding this mortgagee letter, please call FHA’s Resource Center at 1-800-CALL-FHA (1-800-225-5342). Persons with hearing or speech impairments may access this number via TDD/TTY by calling 1-877-TDD-2HUD (1-877-833-2483).
Sincerely,
Brian D. Montgomery
Assistant Secretary for Housing-
Federal Housing Commissioner

Closing Costs Paid by the U.S. Department of Housing and Urban Development

2009-06-24T09:36:00.000-04:00

U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
WASHINGTON, DC 20410-8000
ASSISTANT SECRETARY FOR HOUSINGFEDERAL
HOUSING COMMISSIONER
www.hud.gov espanol.hud.gov
Special Attention of: All Homeownership Center Directors All Real Estate Owned (REO) Directors All Management and Marketing Contractors
Notice: H 09-04
Issued: June 9, 2009
Expires: June 30, 20010
Cross References: H 2006-12

This Notice supersedes Notice H 2006-12, which identified allowable closing costs paid in connection with the sale of a HUD-owned single family property. The allowable closing costs identified below will be in effect for sales contracts executed on or after the effective date of this Notice. Upon closing of a HUD-owned single family property, the Department will allow to be deducted from its proceeds, purchaser financing and closing costs considered to be reasonable and customary in the jurisdiction where the property is located. Form HUD-9548 (Sales Contract – Property Disposition Program), shall be used to reflect the total dollar amount HUD is expected to pay towards a purchaser’s financing and closing costs. However, in no event may the costs exceed three percent (3%) of the property’s gross purchase price. If the total closing costs reflected on the HUD-1 settlement statement are less than the amount indicated on the sales contract, HUD will reimburse only the actual costs charged and will not credit the purchaser with any difference either in cash or through a reduced purchase price. Within the three percent (3%) of the Allowable Closing Cost allowance, HUD will reimburse loan origination fees up to one (1%) percent of the mortgage. However, on an FHA 203(k) rehabilitation mortgage loan, HUD will reimburse one and a half percent (1.5%) of the mortgage. On the Supplemental loan to the 203(k), the Supplement Origination Fee will be payable by HUD at 2.5% of B10 on form HUD-92700 (203(k) and Streamline K Maximum Mortgage Worksheet), not to exceed $875. If you have any questions regarding this Notice, please contact HUD’s Resource Center at 1-800-CALL-FHA (1-800-225-5342). Persons with hearing or speech impairments may access this number via TDD/TTY by calling 1-877-TDD-2HUD (1-877-833-2483). _____________________________________
Brian D. Montgomery
Assistant Secretary for Housing – Federal Housing Commissioner

S.560/H.R.1409 - the Employee Free Choice Act

2009-06-24T09:33:00.000-04:00

June 18, 2009

Dear Friend,

Thank you for contacting me regarding Employee Free Choice Act. I greatly appreciate hearing your thoughts on this important issue.

The Employee Free Choice Act (S.560/H.R.1409) was introduced on March 10, 2009, in both the Senate and House of Representatives, but it has not yet been voted on in either chamber.

Under current law, employees can form a union through the use of a secret-ballot election or by having a majority of workers sign cards indicating their interest in joining a union, a process known as majority sign-up. However, under current law employers are not necessarily required to abide by the outcome of the majority sign-up process. Instead, they can reject the majority sign-up and require a secret-ballot election. This bill would require employers to recognize a union formed through the majority sign-up process. It would also stiffen penalties for intimidation during the organizing process, and provide for mediation and arbitration of first-contract disputes after a specific timeframe.

There has been considerable debate and discussion on this legislation since the beginning of the 111th Congress. During the course of those discussions, it has become clear that the bill does not have the support it needs to pass in its current form. Given this situation, I am interested in examining potential alternative proposals to the Employee Free Choice Act that might garner more support among members of Congress, while still responding to the concerns this bill addresses. As conversations about this legislation continue, I look forward to working with my colleagues in the Senate to craft an appropriate solution.

Sincerely,

Kay R. Hagan
United States Senator, North Carolina

President McMillan’s Healthcare Podcast

2009-06-24T09:32:00.001-04:00

On June 16, NAR President Charles McMillan released his podcast on healthcare. If you haven’t yet already, make sure you have a listen. The podcast can be found on REALTOR.org: http://www.realtor.org/about_nar/presidents_report/_podcast_archive/mcmillan_healthcarereform_20090616. On Tuesday, June

23, NAR will host a webinar for FPCs to review the healthcare issue and answer any questions you might have. There will be two opportunities to join – at 10:00am EST and 3:00pm EST. An email invitation with instructions to register was sent to all FPCs on June 16. If you have any questions about

the upcoming webinar, please contact Laura Vogel at lvogel@realtors.org.

Don’t forget to keep checking NAR’s new dedicated page to the issue: www.realtor.org/healthreform.

Short Sales

There are so many of you out there that express the same thing to us when it comes to short sales – the current system isn’t working! The Obama Administration is working on a plan to address these systemic problems through the Making Home Affordable Program, and guidance is expected in the next

couple of weeks.

To help you navigate the short sales process, NAR has created a special page on REALTOR.org: www.realtor.org/shortsales. There’s lots of valuable information and the help you’ll need, as well as important news updates about the issue. If you have questions, please feel free to contact Jeff

Lischer at jlischer@realtors.org.

FPC Online Training

Congratulations to Dennis Norman, FPC for Sen. Claire McCaskill (D-MO), who won the $100 Visa gift card! Dennis, and 225 other FPCs, completed the online training course by the June 15th early bird deadline. Thank you for getting your course completed!

There’s still time to complete your training. We understand how busy you REALTORS® are right now. The online class will be available until June 30, and you can participate at your own pace. For returning FPCs, the class should take no more than 30 minutes and for newly appointed FPCs, a little

longer. If you attended the February FPC Conference you are exempted from the on-line courses, although you are most welcome to take them.

To access the training, please visit: http://www.learninglibrary.com/governmentaffairs/indexnew.asp and log in with your email address and temporary password “fpctraining” (do not include the quote marks).

If you have difficulties accessing or completing the course, please contact the Learning Library’s support line: 877-762-9322 ext. 222 or support@learninglibrary.com. If you have other questions about the training, please contact Laura Vogel (lvogel@realtors.org).

Tip of the week: Stay tuned! New ways for NAR to communicate with you are just around the corner. Hint: does your mobile phone receive text messages?

Need to get to the REALTOR® Action Center? Click: www.realtoractioncenter.com.

NAR's Health Reform Recorded Webinars

2009-06-24T09:31:00.003-04:00

NAR's Health Reform Recorded Webinar Links

Links to our June 18 recorded webinars on Health Reform are now available for viewing.

Visit the links below and click on the "Playback" button at the bottom of the screen to start watching the webinar.

June 18 - 10am session >
June 18 - 3pm session >

Government Affairs Update 06/16/09

2009-06-24T09:31:00.002-04:00

House Adopts Budget
After hours of meetings and legislative sessions, the House approved their version of a state budget this past week. The $18.6 billion spending plan deals with the state’s significant revenue decreases by pursuing a combination of cuts, taxes and federal stimulus money. The vote to approve the budget was largely along party lines, with only two Democrats voting against it. The final vote of the House’s budget occurred a little after midnight on Saturday morning.
The final House budget includes approximately $785 million in tax increases and $115 million in fee increases. Here are some of the specifics:

•Increase the statewide sales tax by a one-quarter of 1 cent.
•New income tax brackets for those with high incomes. The current rate for incomes more than $100,000 is 7.75 percent. The new income brackets would be 8.25 percent for incomes $200,000 to $500,000, and 8.5 percent for incomes greater than $500,000.
•Expand the franchise tax to limited liability companies.
•Impose the sales tax on warranties, installations and repairs (including maintenance).
•Impose the sales tax on digital downloads, such as music or ringtones.
•Impose sales tax on entertainment items, such as movie tickets.
•Increase liquor tax 1.5 percent.
•$5 increase in the fee to record a deed and a $10 increase in the recordation fee for mortgages.
The NC Association of REALTORS® worked hard to make sure that the new sales taxes do not apply to real estate services or to services and repairs related to real property.
The House is not the last stop for the state’s budget. Now the Senate and House will begin discussions and attempt to resolve the differences in their respective versions of the budget by the beginning of the fiscal year.
Home Inspector Legislation Passes Senate
Legislation to improve home inspection reporting and increase the professionalism of the home inspection industry was approved by the Senate this past week. SB 1007 (Amend Home Inspector Licensure Laws), http://www.ncleg.net/Sessions/2009/Bills/Senate/PDF/S1007v3.pdf, clarifies what information should be contained on the summary page of the home inspection report and requires all existing home inspectors to take 48 hours of instruction over the next three years on inspection techniques and reporting requirements. The bill also changes the licensing procedure from an apprentice-style approach to one that requires pre-licensing education. The legislation, which was introduced by Senators David Hoyle (D-Gaston) and Don Vaughan (D-Guilford), will now be heard in the House.
Beach Plan/Coastal Insurance
The NC Association of REALTORS® continues to push for improvements to the state sponsored coastal insurance pool, often referred to as the Beach Plan. And to this end, the Association’s Issues Mobilization Committee recently approved the funding of a research project on the state’s rate making system and the impact that recent rate, surcharge and deductible changes could have on the housing industry.
The NC Association of REALTORS® advocacy efforts also include seeking fairer surcharges and deductibles in the Beach Plan, opposing reduced maximum coverage for residential Beach Plan policies, prohibiting the distribution of Beach Plan surplus, redrawing rate territories to provide for more fairness, greater transparency in the ratemaking process and Beach Plan decisions, providing for mitigation credits and allowing Beach Plan premiums to be paid by installments.
Texting and Driving
A bill that will ban motorists from texting while driving was approved by the Senate this week and sent to the Governor for approval. HB 9 (No Texting While Driving), introduced by Reps. Garland Pierce (D-Scotland), Pricey Harrison (D-Guilford) and Larry Hall (D-Durham), will lead to fines of $100 plus court costs for motorists who are caught sending a text message on their cell phone while driving. A school bus driver could face a misdemeanor punishable by at least a $100 fine. Ten states and the District of Columbia currently have a text messaging ban for all drivers, according to the national Governors Highway Safety Association, which represents state highway safety agencies. The bill makes exceptions for emergency responders, as well as people who use voice-activated technology or access global navigation systems. This legislation will take effect on December 1, 2009.
Other Legislation
• Jordan Lake Rules – Legislation was approved by the Senate Agriculture, Environment and Natural Resources Committee this week that rewrites administrative rules that regulate various activities in the Jordan Lake watershed. HB 239 (Disapprove Jordan Lake Rules), introduced by Reps. Lucy Allen (D-Franklin) and Pryor Gibson (D-Anson), specifically repeals the rule that regulates existing development and replaces it with a much more sensible regulatory scheme. This is great news for property owners in the watershed, as the original rules had extremely high implementation costs and would have required environmental retrofits of existing development. The bill will be voted on in the Senate this week.
• Scrap Metal Theft Prevention – Legislation aimed at preventing the theft of scrap metals by restricting how it can be resold passed the Senate Judiciary I Committee this week. Introduced by Reps. Thom Tillis (R-Mecklenburg) and Jim Gulley (R-Mecklenburg), HB 323 (Prevent the Theft of Scrap Metals), http://www.ncga.state.nc.us/Sessions/2009/Bills/House/PDF/H323v3.pdf, will go to the full Senate for a vote this week. This REALTOR®-supported legislation is intended to reduce the theft of such items as air conditioner evaporator coils and copper pipes from residential and commercial properties.
• Vacation Rental Insurance – HB 780 (Building Code/Exempt Equestrian Arenas), http://www.ncga.state.nc.us/gascripts/BillLookUp/BillLookUp.pl?Session=2009&BillID=hb+780, introduced by Rep. Howard Brubaker (R-Randolph) was amended last week to include the provisions from HB 777 (Vacation Rentals/Mandatory Evacuations), http://www.ncga.state.nc.us/Sessions/2009/Bills/House/PDF/H777v1.pdf, introduced by Reps. Tim Spear (D-Washington) and Danny McComas (R-New Hanover). HB 777 requires vacation rental insurance policies to cover the return of the proportional share of the rent, fees and taxes for each night the travelers do not get to stay in their rental due to a mandatory evacuation of the area. Currently, the policies are only required to cover the return of the proportional share of the unused rent. HB 780 was passed by the Senate Commerce Committee this week and will be heard by the Senate this week.
• Plastic Bag Ban – SB 1018 (Ban Certain Single-Use Bags), introduced by Sen. Josh Stein (D-Wake), passed the Senate and is a pilot program backed by Senate President Pro Temp Marc Basnight (D-Dare) that would ban plastic bags in Dare, Currituck and Hyde counties, with some limited exceptions. This bill was passed by the House Environment and Natural Resources Committee this past week and will be heard by the House Commerce, Small Business and Entrepreneurship Committee this week.

U.S. Senate Committee Approves Legislation without Energy Labels
The Senate energy committee approved the building efficiency title of a broader energy and climate bill. Thanks to Realtor visits, heeded calls to action and continuing efforts, the committee reconsidered an initial proposal that would have established and implemented a real estate labeling program. Instead it adopted a bipartisan amendment by Sen. Lisa Murkowski (R-AK) in collaboration with Chairman Jeff Bingaman (D-NM) which concentrates on improving the long-standing existing Energy Star for commercial buildings program. Rather than simply expanding this program to additional building types, under the committee-approved bill the EPA will evaluate, in the form of pilot projects, whether the data that is currently used or other data is more appropriate for measuring building efficiency. Among study elements is how best to measure building efficiency and develop formats for displaying the results in a certificate for covered building types. These are considerable improvements over the draft bill and puts NAR in a stronger position going into a House floor debate over H.R. 2454 by Rep. Henry Waxman (D-CA) which includes prescriptive, transaction-based labeling provisions and was recently approved by the House energy committee.

The next step in the Senate is floor consideration although it is not clear whether and when this and other energy titles will be combined with provisions to "cap and trade" carbon emissions to be developed by the Senate's environment committee. House leadership is aiming for floor consideration of H.R. 2454 before the July 4th recess. NAR will continue to work with the members of Congress and make every effort to bring both the House and Senate bills more closely in line with NAR policy.