MANUFACTURED HOUSING
FOUNDATION REQUIREMENTS
500. GENERAL.
501. EXCAVATION
501-1. FOOTING DEPTH.
A. Maximum Frost Penetration Depth.
B. Alternate Seasonal Wetting and Drying.
C. Footing Depth.
502. FOUNDATION MATERIALS.
503. STRUCTURAL REQUIRE-MENTS
503-1. FOUNDATION REQUIREMENTS.
A. Height Above Grade.
B. Minimum Foundation Wall and Wall Footing Thickness.
503-2. PIER AND COLUMN FOOTING REQUIREMENTS.
A. Unusual Conditions.
B. Minimum Pier and Pier Footing Thickness.
503-3. FOOTING REINFORCING (HORIZONTAL).
503-4. MASONRY PIERS AND WALLS.
503-5. CRAWL SPACE REQUIRE-MENTS
A. Height Requirement.
B. Interior vs. Exterior Ground Level.
1. Adequate gravity drainage to a posi-tive out fall is provided, or
2. The permeability of the soil and the location of the water table is such that water will not collect in the crawl space, or
3. Drain tile and automatic sump pump system are provided.
C. Openings.
503-6. FOUNDATION WALLS FOR BASEMENTS. The design and reinforcing of basement walls is NOT in the scope of this document. Refer to local codes and ordinances for guidance. Refer also to CABO, Section R-304: "Foundation Walls." Design the unit’s foundation based on soil conditions present at the site.
503-7. BACK FILL.
503-8.
Chapter 1Appraisal & Property RequirementsPage 1-27
Requirements:
1. All water heaters must have a non-adjustable temperature and pressure-relief valve.
2. The water heater must comply with local building codes regardless of its location.
3. Rental water heaters are not acceptable.
From what we have gathered, each municipality has different code requirements. However, it seems the City of San Antonio code paraphrased below is consistent with most Texas community codes:
"Gas utilization equipment in residential garages and in adjacent spaces that are open to the garage and are not part of the living space of a dwelling unit shall be installed so that all burners and burner-ignition devises are located not less than 18 inches (450 mm) above the floor unless listed as flammable vapor ignition resistant."
For all FHA Appraisals, Hendricks Appraisal Services will require all gas water heaters not within the living area to be raised at least 18" from the floor with proper ventilation through the roof and door vent (if applicable).
MORTGAGEE LETTER 2010-17
TO: ALL FHA APPROVED MORTGAGEES
ALL FHA ROSTER APPRAISERS
SUBJECT: UPDATED HUD REO LEAD-BASED PAINT APPRAISAL REPORTING REQUIREMENTS
The purpose of this Mortgagee Letter is to amend Handbook 4150.2, Valuation Analysis for Home Mortgage Insurance for Single Family One-to-Four Unit Dwellings, Appendix A. The amendment will affect how appraisers disclose defective paint in HUD’s real estate owned (REO) properties. This change is effective on all appraisals performed on HUD REO properties with an effective date on or after June 1, 2010. HUD will only order a lead-based paint evaluation for HUD REO properties constructed before 1978, and purchased with FHA-insured financing.
Handbook Change
Appendix A, Section A-3, bullet two is being replaced in its entirety with the language below:
If the appraiser observes defective paint in a home that was built before 1978, in the physical deficiencies or adverse conditions section of the appraisal report, the appraiser must enter an "X" in the "Yes" box, and note all areas affected. However, if the appraiser does not observe defective paint in a home that was built before 1978, an explanation is not required in the physical deficiencies or adverse conditions section of the appraisal report.
April 20, 2010
MORTGAGEE LETTER 2010-15
TO: ALL APPROVED MORTGAGEES
SUBJECT: FHA Case Number and FHA Roster Appraiser Assignments
This Mortgagee Letter provides guidance on ordering Federal Housing Administration (FHA) case numbers and selecting FHA Roster appraisers in FHA Connection. Specifically, this Mortgagee Letter:
1. informs mortgagees of changes to data entry requirements in FHA Connection;
2. permits mortgagees to obtain a case number in FHA Connection without first having to select an appraiser from the FHA Appraiser Roster and input the appraiser’s information in the Case Number Assignment screen; and,
3. requires that the effective date of the appraisal be after the case number assignment date except in certain limited circumstances.
Effective Date
Provisions in this Mortgagee Letter became effective for all case numbers assigned on or after February 15, 2010.
Case Number Assignment and Appraisal Logging Screen Changes
1. The Case Number Assignment screen in FHA Connection will no longer capture appraiser information (assignment choice, license ID and assignment date). However, the following information fields in the case number assignment screen will continue to require input:
General Information
"As Required" Fields (pertaining to streamline refinances, 203k loans and condo indicators, etc.)
ADP (automated data processing) Code Characteristics
Property Address
Compliance Inspection Fields (if applicable)
Borrower Information
2. The Appraisal Logging Screen in FHA Connection will capture the appraiser information along with the following information fields:
Appraiser’s License ID
Property Information
Neighborhood Information
Site Information
Physical Improvement Information
Reconciliation Information
Note:
Appraiser/Appraisal Eligibility
Mortgagees are reminded to ensure that the FHA Roster appraiser selected to perform an appraisal is listed as being active on the FHA Appraiser Roster at the time of selection.
FHA Roster appraisers are reminded that appraisals cannot be performed for purposes of FHA insured financing unless the appraiser is listed as being active on the FHA Appraiser Roster during the time period in which the appraisal is performed.
Mortgages predicated upon appraisals that are performed by appraisers who are not current on the FHA Appraiser Roster at the time of the effective date of the appraisal will not be insured.
The effective date of the appraisal cannot be before the case number assignment date
If the appraisal was ordered for conventional lending or government guaranteed loan purposes but was performed by a FHA Roster Appraiser, the mortgagee must ensure that the appraisal was performed in accordance with FHA appraisal reporting requirements as detailed in Handbook 4150.2, CHG-1, Valuation Analysis for Home Mortgage Insurance for Single Family One – to Four – Unit Dwellings, and subsequent mortgagee letters. Ensuring compliance with this requirement may entail a re-inspection of the property by the appraiser.
If you should have any questions concerning this Mortgagee Letter, please call the 3
FHA Resource Center at 1-800-CALLFHA (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,
David H. Stevens
Assistant Secretary for Housing-
Federal Housing Commissioner
Who is responsible for turning on utilities of REO/Bank Owned properties for FHA loans? Since there is no occupant, utility companies are hesitant to turn utilities on. Therefore, in some cases no one is responsible.
Does HUD require the utilities to be on for REO/Bank Owned properties? HUD understands that there are instances when properties are winterized and/or bank owned which will make it near impossible to have utilities turned on. In such cases the underwriter is responsible for clearing these conditions.
Is the appraiser required to inspect utility components for REO/Bank Owned properties? Absolutely, just as the appraiser would for any other standard FHA appraisal inspection.
Is the appraisal subject to utility inspection for REO/Bank Owned properties? Absolutely, just as the appraiser would for any other standard FHA appraisal inspection.
Is there anything the lender/underwriter can do? According to Mortgagee Letter 00-27, yes the underwriter is responsible for clearing these conditions.
Please read the email string below for clarification:
From: Douglas E. Hendricks [mailto:dhendricks@hendricksappraisal.com] Sent: Thursday, April 22, 2010 11:15 AM
To: HUD
Subject: Utilities for REO properties
Hello, I am aware that the utilities for REO or bank owned properties has been addressed in a previous mortgagee letter. However, I cannot recall which one specifically. Regardless, I am running into the same issue quite often and would appreciate your clarification or confirmation. I have had lenders/underwriters demand and require me to go back to the property in order to complete the utility inspection and when I get there the utilities are still turned off. A few days later I am told to go back out again and end up with the same results. Again, this is specific to REO properties. From what I understand, the appraiser is always required to perform all standard FHA inspections regardless of the owner or if vacant. All inspection results are to be disclosed in the appraisal report. However, if the property is a REO/Bank Owned property and the dwelling has been winterized or utilities are not on then the appraiser is to request a copy of the Home Inspection if available and rely on it to address utility items. If the home inspection is to available or not produced within a reasonable time, then the appraiser is to address and explain the steps taken in the report. At which point the lender/underwriter may override due to the fact that it is a REO property and there will be no one responsible for connecting the utilities. Will you please shed some light on this for me? In addition to how I can address with the lender and point them in the right direction for clarity and confirmation as well.
Respectfully,
Douglas E. Hendricks
------------------------------------------------------------------
Response from HUD:
Mr. Hendricks,
Mortgagee Letter 00-27 pertains specifically to HUD REO properties. Pursuant to Handbook 4150.2, Valuation Protocol Appendix D, the appraiser is required to check all mechanical, plumbing, and electrical systems in the subject property.
For REO properties that have been winterized, the appraiser cannot rely on a Home Inspection; therefore, the appraisal should be completed subject to verification or inspection the systems are in functioning condition. The underwriter will be responsible to clear the condition. For future questions, please submit via info@fhaoutreach.com.
Department of HUD Denver Homeownership Center
Technical Support Branch
From: Douglas E. Hendricks [mailto:dhendricks@hendricksappraisal.com] Sent: Thursday, April 15, 2010 10:41 AMTo: HUD
Question sent to HUD,
We had an underwriter require us to make a list to sales price ratio adjustment to our Comparable Listings stating that all listing require a list/SP ratio adjustment or they will not close the loan. However, as indicated by the 1004MC it appears the ratio is over 100% therefore not warranting an adjustment for the listings. Everyone needs to keep in mind that any time delays will only frustrate my client and influence them to not do business with me since most other appraiser will just submit to their demands.
=================================================
From: HUD Sent: Thursday, April 15, 2010 12:54 PMTo: 'Douglas E. Hendricks'
In response to our discussion regarding application of adjustments for list to sale price discounts for active listings and/or pending sales, please review the following:
FHA does not have a policy regarding “mandatory” application of list to sale price discounts for active listings and pending sales for all appraisals; however, pursuant to Mortgagee Letter 05-02 and your signed appraisal certification, the appraiser is required to make market-based adjustments to the comparable sales.
If the property is located in a declining market based on the results of the 1004MC, the appraiser is required to provide a minimum of two active listings and/or pending sales. Active listings should be adjusted to reflect the list to sale price ratio. In reconciliation, if the adjusted sale price of the comparable sales is higher than the adjusted price of the active/pending sales, the appraiser must determine if a market condition adjustment is warranted.
For your reference, I have attached the mortgagee letters with additional explanation.
HUD
Denver Homeownership Center
According to: The Dictionary of Real Estate Appraisal; Appraisal Institute
Definition of Bracketing: A process in which an appraiser determines a probable range of values for a property by applying qualitative techniques of comparative analysis. The array of comparables are divided into two groups-those superior to the subject and those inferior to the subject. The adjusted sales prices reflected by these two groups limit the probable range of values for the subject and identify a bracket in which the final value estimate will fall.
Have you ever been told by a lender, investor, underwriter, processor or reviewer of a mortgage loan transaction that FHA requires the subject's purchase price to be bracketed by the comparable sales utilized in the appraisal report or the loan will not close? How about bracketing the square footage?
And if the client give you enough time to confirm with HUD, does HUD always seem to give conflicting answers? Don't forget this question, but don't answer it until you have read down further.
Well, we finally got to the bottom of it for you. According to USPAP the purchase price should never play a role in analysis and conclusion of an appraisal report, which is exactly what the client is attempting you to do when mandating bracketing. Never overlook a perfectly good comparable just to satisfy bracketing desires of the client, doing so may cause you not to be in compliance with USPAP.
Bracketing as defined above is a common methodology utilized by appraisers, however, it should not and is not mandatory. The definition describes the two groups to be superior and inferior to the subject. Do not mistake this to mean a higher sales price and a lower sales price, this would get you into trouble. As most of you are aware, there will be occasions when bracketing is simply not possible without misleading the intended user. In these cases, HUD simply asks for an explanation as to why bracketing was not utilized.
Please feel free to read and/or refer to the email string below concerning this topic should you find yourself in a similar predicament.
From: HUD
Sent: Thursday, April 15, 2010 12:54 PMTo: 'Douglas E. Hendricks'
Mr. Hendricks, in follow-up to our discussion regarding bracketing, the following is provided. Pursuant to Handbook 4150.2, Appendix D, Valuation Protocol, p. D-6 “At a minimum, comparable selection should be based on properties having the same or similar locational characteristics as well as physical characteristics which includes: style, age, size, utility and condition. Comparable sales should never be selected based on sales price.
In selecting comparables, use the bracketing method. Bracketing, as defined in The Dictionary of Real Estate Appraisal, Fourth Edition, Appraisal Institute, is “a process in which the an appraiser determines a probable range of values for a property by applying qualitative techniques of comparative analysis to a group of comparable sales. The array of comparable sales may be divided into two groups – those superior to the subject and those inferior to the subject. The adjusted sales prices reflected by these two groups limit the probable range of value for the subject and identify a bracket in which the final value opinion will fall.” It is advisable to bracket sales using both dwelling size and sales price whenever possible. If bracketing is not possible, the appraiser should explain why. “
Remember the question above? Now is a good time to give your answer.
Sent: Thursday, April 15, 2010 12:54 PMFrom: 'Douglas E. Hendricks'
To Whom it May Concern:
I have a question/concern about bracketing that just came up 5 minutes after our call. Bracketing the sales price has never set well with me per USPAP appraisers are not suppose to base opinions or comparable selections on the subject’s sales price. Who do I refer her to? Everyone needs to keep in mind that any time delays will only frustrate my client and influence them to not do business with me since most other appraiser will just submit to their demands.
April 13, 2010—CNN reported last September that 1.4 million Americans had already taken advantage of the first time home buyers tax credit. It is reasonable to conclude that number now exceeds 2 million. With the tax credit being an engine for that many sales and as the date for the expiration of the program rapidly approaches many concerned agents are asking, “Now, what?”
A few agents fault the banks need to improve as a reason for not participating.
According to an online newsletter: “Most of my buyers have elected to not even view short sales. The banks need to get their act together first!”
Apparently the idea that patience and persistence might be necessary to achieve a huge cost savings is an alien idea to this agent. Instead the realtor should consider adjusting buyer’s outlook on this. After all, if 50% of sales are REO and Short Sales, refusing to look at them wipes out a 50% chance to sell a home! Short sales can be frustrating but when they work, they’re home runs. It’s not just the banks, but rather people who need to get their acts together.
What can agents do to replace the first time buyers’ credits as a key part of their marketing plan?
It might be a good idea to target distressed property buyers and to do it online. It might be a good idea to remember that speed in response is of the essence.
Realtors and Appraisers alike had it really good for a long time and many still haven’t realized that the same old way will not yield the same ole results. Clients must be answered immediately, leads must be treasured, opportunities must be taken, new markets must be aggressively pursued. If you want to spend the summer selling homes instead of having no one to call on, try going after distressed property buyers and REOs.
Don’t turn up your nose at REOs. Don’t turn up your nose at any market segment that accounts for 50% of sales. Follow the money trail and at the end of the day you will find yourself at distressed properties.
April 9, 2010 a news article read: “Distressed Sales Gain Greater Market Share” – First American CoreLogic reports that distressed properties accounted for 29% of all U.S. home sales in January. Also, real estate-owned sales rose to 22% of homes sales from 19% in December, and short sales rose to 8% from 7%.
Average sale prices in January were $161,600 for distressed homes, compared to the average non-distressed sale price of $247,700, $141,900 for REO properties, and $215,300 for short sales.”
After all, the quicker distressed properties are taken off the market the faster the Real Estate Confidence Index (RECI) will rise. This will be good for all Americans.
Believe it or not, we have had several clients who are not familiar with the Gramm-Leach-Bliley Act. There are still concerns of the appraiser/appraisal report disseminating confidential material. We do not have interest in sharing such information nor is it legal. Below is the USPAP definition of confidential information:
CONFIDENTIAL INFORMATION: information that is either:
? identified by the client as confidential when providing it to an appraiser and that is not available from any other source; or
? classified as confidential or private by applicable law or regulation*.
*NOTICE: For example, pursuant to the passage of the Gramm-Leach-Bliley Act in November 1999, some public agencies have adopted privacy regulations that affect appraisers. As a result, the Federal Trade Commission issued a rule focused on the protection of “non-public personal information” provided by consumers to those involved in financial activities “found to be closely related to banking or usual in connection with the transaction of banking.” These activities have been deemed to include “appraising real or personal property.” (Quotations are from the Federal Trade Commission, Privacy of Consumer Financial Information; Final Rule, 16 CFR Part 313.)
We hope this clears up any confidential concerns. Hendricks Appraisal Services is always ready and willing to help in whatever way possible. Please do not hesitate to call us at 210.946.6868.
If you’re a prospective home buyer exploring real estate this spring, there’s plenty to learn about, from bank-owned properties to the strict criteria for getting a mortgage these days. And now the federal government has added something to the mix, aimed at helping buyers shop for loans: the revamped Good Faith Estimate.
Designed by the U.S. Department of Housing and Urban Development (HUD) to help borrowers better understand the terms of their loans, the new three-page form has been a required part of the mortgage application process since Jan. 1, 2010.
Many in the mortgage industry—whom opposed the development of the new form—say it is causing so much confusion it’s actually spawning additional, explanatory forms, causing delays in some transactions, and leaving some borrowers worried about signing papers that don’t reflect what they’ll really have to pay.
Theoretically, standardized terminology and a fuller disclosure of fees benefit borrowers. However, there are equally as many problems it has created. Mortgage brokers have developed a long list of complaints about the new form. For example, there’s nowhere to show how much the borrower will pay in pro-rated property taxes. And brokers have the incentive to inflate the estimate of their fees, because once they’ve issued the good faith estimate, they can’t boost those fees, even if subsequent changes to the loan package cut into their compensation.
Before the form was redesigned, good faith estimates had no real recourse on lenders or brokers who pumped up their fees between the time a customer applied and closed the loan.
But the new form stipulates that some charges—such as the loan origination fee—can’t change at all after they’ve been quoted to a customer on a good faith estimate. Other charges, such as those for some title company services, can only increase 10%. If those fees increase more than 10% after the good faith estimate is issued, the lender must pay the difference.
In addition, the good faith estimate has a section written in straightforward language that spells out each loan’s basic terms. For example, one line says “Can your interest rate rise?” Followed by check-boxes for “No” and “Yes, it can rise to a maximum of… The first change will be in…”
But HUD, which redesigned the decades-old form in the wake of the subprime mortgage crisis, says that those who are complaining about the new procedure misunderstand its intent. A document on the HUD website devotes 31 pages to explaining the form. Designed to be a shopping document, to allow borrowers to be able to select the very best loan available to them.
Still, some borrowers end up confused, expecting a document that says “total estimated settlement charges” at the bottom will, well, provide an estimate of total settlement charges.
But, because of what’s included—and omitted—from the three-page form, the amount shown on the bottom line is often significantly different from what the customer will actually have to pay to close the transaction. For example, in the San Francisco Bay Area, the “transfer taxes” that are due when property changes hands are typically paid by sellers. But they must be reflected on the GFE form, and can amount to thousands of dollars, prompting some borrowers to assume the amount shown on the form is one they must pay.
When Warner de Gooijer applied for a loan to buy a home in San Jose recently, he was confounded by the huge dollar figure looming at the bottom of the good faith estimate, which must be provided to borrowers within three business days of when they apply for a mortgage. Then his loan officer explained that he wouldn’t actually have to pay the amount shown at the bottom of the good faith estimate. “But do I trust my loan officer or the paper I’m signing?” said de Gooijer, who nervously wondered whether he’d be liable for the large amount anyway.
The overhauled GFE is intended to help borrowers compare loans and costs for loans. The real question for borrowers is to know what they can expect to write a check for at the closing table. The new GFE does not have any place that captures that.
The change is prompting some lenders to develop new worksheets of their own, so they can show the customer what he or she might really have to fork over at closing.
Hendricks Appraisal Services located in San Antonio, Texas is here to help you in whatever way we can within our means. Serving Bexar, Comal, Guadalupe, Wilson, Atascosa, Medina, Bandera and Kendall Counties since 1993. Please give us a call and one of our friendly and knowledgeable staff will assist you immediately.
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