Courtesy of Andy Zemon, CMPS. The Zemon Team at Greenwood Lending
Summary of HR 3221
More commonly known as the Housing and Economic Recovery Act of 2008, HR 3221 is without doubt the widest sweeping legislation ever seen in the mortgage industry. This bill was signed into law by President Bush on July 30, 2008 and by October 1, 2008 you can count on the fact that the mortgage market as we know it today will look wildly different. Below is a very brief summary of the 700+ pages of this bill that deal directly with the mortgage and real estate industries.
For ease of understanding, I have broken the bill down into the five main categories of reform and noted the items of most pressing significance. This bill is charged with taking the current housing market and turning it around. The overall impression is that it has the possibility of doing just that. It also appears that while we are getting close to the point where buyers are waiting for the market to bottom out, they may have waited too long. Only history will tell but this is certainly a BIG step in the right direction!
Issue 1 – Fannie and Freddie Reform
Without getting too technical; one first must understand that these agencies are not really private corporations but are also not really government agencies. Confusing right? They have decided that the new conforming loan limit, currently $425,000 will go to 115% of our HUD median home price or $417,000, whichever is lower. Well since we really don’t know what the HUD home price is yet, we must assume that we will actually see a drop in this loan limit to $417,000 starting in Jan. 2009. This will no doubt affect homebuyers next year so stay tuned for further details!
Issue 2 – HOPE for homeowners
This new FHA program is probably the most exciting part of this bill and has the greatest possibility to help CURRENT homeowners who are struggling to make their payments or who about to adjust in payment because of an ARM loan program. It basically provides a provision that will allow homeowners the opportunity to refinance into a low rate fixed mortgage they can afford by negotiating the payoff on their current loan. That’s right…refinance your loan for less then you OWE! There’s a lot more to it so make sure you get responsible advice when looking into this and if this is a need you have I’ll be happy to refer you to someone who can handle this. There is also a very important provision that has the homeowner sharing their equity with Uncle Sam. Still, not a bad option when the alternative is foreclosure!
Issue 3 – FHA reform
Now the bad news… FHA cash requirements are increasing to 3.5% of the purchase price and the new mortgage insurance will be more expensive but still tax deductible in certain cases. The good news is that this loan has some little-known secrets that will still allow for 100% financing, although Down Payment Assistance funded by sellers is no longer an option.
Issue 4- Loan Officer Licensing
This is something that should have happened YEARS ago but finally the people who help you manage your largest debt and asset will have to prove to the government that they are qualified and knowledgeable enough to do so! Loan Officers will have to take a licensing test and pass with at least a 75% (isn’t that a C?) so starting in January you’ll be advised before you ask what’s your rate, to ask…What did you score? They will also be subject to ongoing education requirements and credit, criminal and net worth background checks.
Issue 5 - The TAX CREDIT!
One of the most exciting parts of this bill is that first time homebuyers and those who have not owned any home for at least three years will now be eligible up to a $7500 tax credit for buying a home. THIS IS HUGE as it can be used for anything the homeowner wants including home repairs, debt payoff, etc. Anyone who buys between April 9, 2008 and July 1, 2009 that qualifies will get this credit! It does have to be repaid at a rate of $500 a year for the next 15 years but that’s an interest free credit from Uncle Sam and those do NOT come around often.
In closing, I think this bill is going to be a HUGE help to our market if used correctly. There is quite a bit more to this bill then what you have read here and I would encourage you to talk with your Realtor or Lender if you have more questions.