
Most
Common FHA Lender Applicant Questions
(Revised
October 15, 2007)
FAQs
– Differences in Approval Types
1.
What is the difference between Title I and Title II lender approvals?
2.
What are the differences between a mortgagee and a loan correspondent?
3.
What’s the difference between a supervised and nonsupervised
lender (both mortgagee and loan correspondent)?
4.
What type of approval does a lender need to originate and/or underwrite
and/or service Title II Single Family Loans, including HECMs (Reverse
Mortgages) or 203k (Rehabilitation mortgages)?
5.
Does a mortgage broker or lender need to be a FHA approved lender to
originate a single family loan that is subsequently insured by FHA?
6.
Can a company that operates as both a mortgage company and a real
estate company be approved as a FHA lender?
FAQs
– Application and Its Processing
7.
What kind of FHA lender approval can I apply for?
8.
What are the types of Mortgagee Approvals?
9.
What are the requirements to become a FHA approved nonsupervised loan
correspondent (typically mortgage brokers, aka as a FHA mini-Eagle
approval)?
10.
What are the requirements to become a FHA approved nonsupervised
mortgagee (mortgage lender or mortgage banker)?
11.
What are the requirements to become a FHA approved Supervised Mortgagee?
12.
What are the requirements to become a FHA approved Supervised Loan
Correspondent?
13.
What types of business forms can be FHA approved as a mortgagee or loan
correspondent?
14.
What are the FHA requirements for an LLC to be a FHA approved lender?
15.
What are FHA’s requirements concerning the use of
“Doing Business As” names.
16.
What are the net worth and liquidity requirements for nonsupervised
loan correspondents and mortgagees?
17.
What type of financial statement must be submitted with an application
to become a FHA Approved Lender?
18.
What are the office facilities requirements for FHA approved lenders?
19.
What are the requirements related to sharing office space with another
company?
20.
What are the staffing requirements for a lender?
21.
What are the requirements and restrictions on employees of FHA lenders?
22.
What functions can a FHA approved lender contract out?
23.
Can FHA Approved Lenders use non-employees as Loan Officers?
24.
What is the experience requirement that must be documented in the
resumes attached to an application for lender approval?
25.
What credit reports are required to be submitted with a lender approval
application and how are they evaluated.
26.
What is a Sanctions Letter?
27.
What is a Sponsor Letter?
28.
What are the requirements for a lender’s funding program?
29.
What the various addresses on the HUD Form 11701 used for?
30.
What are the quality control plan requirements for FHA approved lenders?
31.
Where do I send my lender application and the application fee?
32.
What is the processing time for an application and how do I check on
the Status of my application for FHA lender approval?
FAQs
– Differences in Approval Types
1.
What is the difference between Title I and Title II lender approvals?
Title II approved lenders can
participate as a mortgagee or loan correspondent in the FHA Title II
loan programs, such as 203(b), 203(k), HEMCs, Condos and
Multifamily. Title I approved lenders can participate as a
lender or loan correspondent in the two FHA Title I loan programs, --
the property improvement loan program (2nd
mortgages) and the manufactured housing (mobile) home program (where
the home is classified as personal property).
Go to http://www.hud.gov/offices/hsg/sfh/ins/singlefamily.cfm
for descriptions of the various Title II Single Family and Title I loan
programs.
2.
What are the differences between a mortgagee and a loan correspondent?
A mortgagee can originate,
underwrite, fund, service and/or own FHA insured loans. In
addition, mortgagees can obtain supplemental approval as a Direct
Endorsement (DE) mortgagee and Lender Insurance (LI) mortgagee for FHA
single family loans and a Mutifamily Accelerated Processing (MAP)
mortgagee for FHA multifamily loans. Mortgagees are also
known as Full-Eagles because they can do any lender function on a FHA
loans. States typically license nonsupervised mortgagees as
mortgage lenders. Some States have a correspondent
lender’s license which allows a nonsupervised mortgagee to
originate, underwrite and fund mortgages but not service or own
them. FHA mortgagees who are banks are considered
supervised mortgagees.
A loan correspondent can only
originate loans that are underwritten by their sponsoring DE
mortgagee. They can’t underwrite, own or service
FHA insured loans. This is the only type of approval a
mortgage broker can apply for. Loan correspondents are also
known as Mini-Eagle because they can only originate FHA
loans. They must use a DE mortgagee to sponsor them in an
origination. FHA loan correspondents who are banks are
considered supervised loan correspondents.
Please see paragraph 1-2 in Chapter
1 of the FHA Title II Mortgagee Approval Handbook 4060.1, Rev-2
at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc.
3.
What’s the difference between a supervised and nonsupervised
lender (both mortgagee and loan correspondent)?
A supervised lender is
a financial institution that is a member of the Federal Reserve System,
or a financial institution whose accounts are insured by the Federal
Deposit Insurance Corporation (FDIC), or the National Credit Union
Administration (NCUA). Examples of supervised mortgagees are banks,
savings associations, and credit unions.
A nonsupervised lender
is a company which does not qualify as supervised lender and whose
principal activity is mortgage brokering or lending.
Principal activity means more than half of the company’s
gross income is from their mortgage operations.
Mortgage brokers apply for nonsupervised loan correspondent
approval. Correspondent lenders and mortgage lenders apply
for nonsupervised mortgagee approval.
4.
What type of approval does a lender need to originate and/or underwrite
and/or service Title II Single Family Loans, including HECMs (Reverse
Mortgages) or 203k (Rehabilitation mortgages)?
Originations: Any lender
approved by FHA to originate FHA Insured Title II Single Family loans
can originate any type of FHA Title II Single Family Loan, including
HECMs and 203Ks. They can be approved as a loan correspondent
or as a mortgagee.
Underwriting: A mortgagee
must obtain specific DE approval from their appropriate Single Family
Homeownership Center to underwrite FHA Single Family loans and an
additional approval to underwrite HECM and/or 203k loans.
Loan Correspondents cannot underwrite.
Servicing: Any FHA
approved mortgagee can service FHA Insured Single Family loans
(including HECM and/or 203k loans) see paragraph 2-20 of paragraph 1-2
B. of HUD Handbook 4060.1, Rev-2 Only FHA approved mortgagees
can be a servicer. Loan Correspondents cannot service FHA
insured loans. The Title II Mortgagee Approval
Handbook 4060.1, Rev-2 is at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc
The FHA Resource
Center helps consumers and industry members with their
questions. Its home web page is: http://www.hud.gov/offices/hsg/sfh/fharesourcectr.cfm
. You can eMail the Resource Center at hud@custhelp.com or
call them Monday-Friday, 8 am to 8 pm ET at (800) CALLFHA or (800)
225-5342.
5.
Does a mortgage broker or lender need to be a FHA approved lender to
originate a single family loan that is subsequently insured by FHA?
Yes.
Only FHA approved lenders can originate a loan that is subsequently
insured by FHA. The FHA loan origination process has 5
components: (1) taking a FHA loan application, (2) processing
it, (3) underwriting it, (4) closing it and (5) funding the
mortgage.
6.
Can a company that operates as both a mortgage company and a real
estate company be approved as a FHA lender?
Yes as long as the
meet the “principal activity” part of the
definition of a nonsupervised lender and their loan officers who plan
to originate FHA loans do not have outside employment in the real
estate industry.
Principal
Activity: The FHA definitions of
nonsupervised lenders are as follows:
Nonsupervised
Mortgagee: Nondepository financial
entities that have as their principal activity the origination,
underwriting, funding, servicing and/or holding of real estate
mortgages. They are commonly known as mortgage bankers,
correspondent lenders or mortgage lenders in the industry
Nonsupervised
Loan Correspondent: Nondepository
financial entities that have as their principal activity the
origination of real estate mortgages. They are commonly known
as mortgage brokers in the industry. They must sale or
transfer their FHA originations to the FHA approved mortgagee who
underwrote the loan and can have multiple mortgagees that underwrite
their loans. These underwriting mortgagees are referred to as
“sponsors” in the FHA loan programs and are also
known as DE mortgagees.
These definitions are
in paragraph 1-2 in Chapter 1 of the FHA Title II Mortgagee Approval
Handbook 4060.1, Rev-2 at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc
Compliance with the
principal activity requirement is determined by gross income.
At least 50% of a company’s gross income comes from its
mortgage business. This includes any type of
mortgages. When a company is new, this calculation
can’t be made, but it is made for all nonsupervised lenders
as part of the FHA lender annual renewal process.
Employment
Restriction
Any employee of a FHA
lender who earns compensation on FHA loans cannot have other employment
including self employment and outside employment in the mortgage
lending, real estate, or a related field.
See paragraph 2-9 of
the Title II Mortgagee Approval Handbook 4060.1, Rev-2 at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc.
FAQs
– Application and Its Processing
7.
What kind of FHA lender approval can I apply for?
Mortgage Brokers can
only apply to be a:
Nonsupervised loan
correspondent
Mortgage Lenders,
Mortgage Bankers and Correspondent Lenders can apply to be a
Nonsupervised Mortgagee
Nonsupervised Loan
Correspondent
Investing Mortgagee
Banks, Savings
& Loans can apply to be a:
Supervised Mortgagee
Supervised Loan
Correspondent
Investing Mortgagee
Local, State and
Federal Agencies can apply to be a:
Government Mortgagee
Investing Mortgagee
Loan Correspondent
Approval allows the lender to only originate Title II Single Family
and/or Title I loans.
All Mortgagee
approvals (except Investing) allow the lender to originate, underwrite,
service and holds Title II Single Family, Title II Multifamily and/or
Title I loans.
If you want to apply
for both Title II and Title I loan programs, you will receive two FHA
Lender ID numbers, one for Title II and a second for Title I
FHA
Loan Programs:
Title II Single Family
(203b, 203k Rehab, 234c Condo, HECM Reverse Mortgage)
Title II Multifamily
(Rental Housing, Nursing Homes and Hospitals.)
Title I (Manufactured
Home and Property Improvement Loans
8.
What are the types of Mortgagee Approvals?
Types
of Approved Mortgagees:
FHA classifies approved mortgagees based on the functions they will
perform, type of organization, type of supervisory agency, and net
worth.
Supervised
Mortgagee: Financial institutions that
are members of the Federal Reserve System, and financial institutions
whose accounts are insured by the Federal Deposit Insurance Corporation
(FDIC), or the National Credit Union Administration (NCUA).
Examples of supervised mortgagees are banks, savings associations, and
credit unions.
These mortgagees can originate, underwrite, fund, service and/or hold
FHA insured loans.
Nonsupervised
Mortgagee: Nondepository financial
entities that have as their principal activity the origination,
underwriting, funding, servicing and/or holding of real estate
mortgages. They are commonly known as mortgage bankers,
correspondent lenders or mortgage lenders in the industry .
Nonsupervised
Loan Correspondent: Nondepository
financial entities that have as their principal activity the
origination of real estate mortgages. They are commonly known
as mortgage brokers in the industry. They must sale or
transfer their FHA originations to the FHA approved mortgagee who
underwrote the loan and can have multiple mortgagees that underwrite
their loans. These underwriting mortgagees are referred to as
“sponsors” in the FHA loan programs and are also
known as DE mortgagees.
Supervised
Loan Correspondent: A
mortgagee that qualifies for approval as a supervised mortgagee but
only wishes to originate real estate mortgages.
Investing
Mortgagee: An organization, including
a charitable or not-for-profit institution or pension fund, which only
wants to own FHA insured mortgages that it purchases with its own funds.
Governmental
Mortgagee: A governmental agency may be
approved as a mortgagee and do any of the lender functions of a FHA
approved mortgagee.
Please see paragraph 1-2 in Chapter
1 of the FHA Title II Mortgagee Approval Handbook 4060.1, Rev-2
at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc
for additional details.
9.
What are the requirements to become a FHA approved nonsupervised loan
correspondent (typically mortgage brokers, aka as a FHA mini-Eagle
approval)?
Nonsupervised
Loan Correspondent (Mini-Eagle) Application Package
FHA Lender Approval
Application Form 11701 that can be downloaded at: http://www.ginniemae.gov/guide/pdf/11701.pdf.
The
following supplemental exhibits are required. References are
to parts of the Title II Mortgagee Approval Handbook 4060.1, Rev-2
available at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc.
If
only applying for Title I approval, please see the Title I Lender
Approval Handbook 4700.2, Title I Letters 469, 478 and 2003-01
available at http://www.hudclips.org/cgi/index.cgi. For
Title I there is no liquidity requirement.
Copy of $1,000
Application Fee Check: Made payable to HUD and mailed to the
HUD/FHA lockbox -- PO Box 198619, Atlanta, GA
30384. Paragraph
2-7.
Copy of LLC Articles
of Organization and Operating Agreement, if applicable: Must
have 2 members, minimum 10 year term and provide for
succession. Paragraphs
2-2(C) and 3-3(B)
Partnership Agreement
Information, if applicable: Must include names and TAX IDs of
general partners, names and SSNs of managing general
partner’s officers and directors, evidence that principal
business activity of managing general partner meets FHA requirements
and minimum of 10 year term. Paragraphs 2-2(B) and 3-3(A)
State DBA Approval, If
applicable: Include copy of State certificate for use of the
DBA, Fictitious or Assumed Name. Paragraphs 2-4 and 3-2(A)8
Copy of State License
or Registration or documentation that applicant is exempt from State
license or registration. Paragraphs 2-3 and
3‑2(A)7
Combination
Sponsor/Funding Letter: A Letter from a FHA approved DE
Mortgagee stating it underwrite and fund any FHA loans originated by
the applicant. An applicant with its own funding program can
provide evidence of a minimum of $1 million of funding and only submit
a Sponsor letter. Paragraphs 3-2(A)1, 3-2(A)13
Sanctions
Letter: A certification by senior officer of applicant that
neither the applicant, nor any of its officers or owners have been
denied licensing nor been sanctioned, suspended or debarred by any
Government or Regulatory Agency. Paragraphs 2-10 &
3-2(A)14
Commercial Credit or
Dun & Bradstreet Business Report on Applicant:
Include explanation of all negative items. Paragraph 3-2(A)4
Resume(s):
Must show that one or more of the senior officer(s) of the
applicant has at least 3 years experience in the mortgage operations
that the applicant wishes to participate in. Paragraph 3-2(A)5
Credit Reports on
Principals: Provide Tri-Merged or Residential Mortgage Credit
Reports on all officers Vice President and above and any owners with
25% or more ownership. Provide written explanations for all
negative items. Paragraph 3-2(A)4
Audited Financial
Report: CPA issued GAAS audit less than 12 months old with
net worth calculation of at least $63,000 with a minimum of 20% liquid
assets) Paragraphs2-5,
2-6 and 3-2(A)6
Office
Facilities: Pictures of office facilities (internal, external
and signage), a floor plan and certification that facilities meet FHA
requirements. Office must be in separate commercial
space. Paragraphs
2-11(A) and 3-2(A)9
Quality Control
Plan: Must be plan of applicant, tailored to
applicant’s duties with regard to FHA
loans. Detailed requirements are in Chapter 7 but
it cannot be a copy of this chapter since it explains what the Quality
Control Plan must cover and is a guide. Paragraphs 7-1 through 7-12, as
appropriate
Submit the application form and its
required exhibits to:
Overnight:
FHA
Lender Approval and Recertification Division
490 L’Enfant Plaza East, SW, Suite 3214
Washington, DC 20024
US
Mail:
FHA
Lender Approval and
Recertification Division
451 7th Street, S.W., Room B133/P3214
Washington, DC 20410
Mail your $1,000 application fee
check and its cover sheet to our lockbox in Atlanta at the address
shown below. The fee cover sheet can be downloaded at http://www.hud.gov/offices/hsg/sfh/lender/titl2app.pdf.
Mailing your application form and its required exhibits to the Atlanta
lockbox will delay its receipt in Washington, DC by 30 days.
Dept of HUD
P.O. Box 198619
Atlanta, GA
30384
The FHA Title II Mortgagee Approval
Handbook 4060.1, Rev-2 can be downloaded at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc.
The processing time
for a complete application is 30-45 days depending on the number of
other applications in the processing pipeline.
10.
What are the requirements to become a FHA approved nonsupervised
mortgagee (mortgage lender or mortgage banker)?
Nonsupervised
Mortgagee (Full-Eagle) Application Package
FHA Lender Approval
Application Form 11701 that can be downloaded at: http://www.ginniemae.gov/guide/pdf/11701.pdf.
The
following supplemental exhibits are required. References are
to parts of the Title II Mortgagee Approval Handbook 4060.1, Rev-2
available at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc.
If
only applying for Title I approval, please see the Title I Lender
Approval Handbook 4700.2, Title I Letters 469, 478 and 2003-01
available at http://www.hudclips.org/cgi/index.cgi. For
Title I, there is no fidelity bond, E&O insurance or liquidity
requirement.
Copy of $1,000
Application Fee Check: Made payable to HUD and mailed to the
HUD/FHA lockbox -- PO Box 198619, Atlanta, GA
30384. Paragraph
2-7.
Copy of LLC Articles
of Organization and Operating Agreement, if applicable: Must
have 2 members, minimum 10 year term and provide for
succession. Paragraphs
2-2(C) and 3-3(B)
Partnership Agreement
Information, if applicable: Must include names and TAX IDs of
general partners, names and SSNs of managing general
partner’s officers and directors, evidence that principal
business activity of managing general partner meets FHA requirements
and minimum of 10 year term. Paragraphs 2-2(B) and 3-3(A)
State DBA Approval, If
applicable: Include copy of State certificate for use of the
DBA, Fictitious or Assumed Name. Paragraphs 2-4 and 3-2(A)8
Copy of State License
or Registration or documentation that applicant is exempt from State
license or registration. Paragraphs 2-3 and
3‑2(A)7
Copy of Fidelity Bond
: $300,000 minimum covering applicant’s employees and
agents. HUD does not have to be the
beneficiary. Paragraph 3-2(A)10
Copy of Errors
& Omissions Insurance: $300,000 minimum covering
applicant’s employees and agents. HUD does not have
to be the beneficiary. Paragraph 3-2(A)11
Funding Program:
Provide evidence of a minimum of $1 million of funding (a letter of
credit is acceptable). Paragraphs 3-2(A)13a
Sanctions
Letter: A certification by senior officer of applicant that
neither the applicant, nor any of its officers or owners have been
denied licensing nor been sanctioned, suspended or debarred by any
Government or Regulatory Agency. Paragraphs 2-10 &
3-2(A)14
Commercial Credit or
Dun & Bradstreet Business Report on Applicant:
Include explanation of all negative items. Paragraph 3-2(A)4
Resume(s):
Must show that one or more of the senior officer(s) of the
applicant has at least 3 years experience in the mortgage operations
that the applicant wishes to participate in. Paragraph 3-2(A)5
Credit Reports on
Principals: Provide Tri-Merged or Residential Mortgage Credit
Reports on all officers Vice President and above and any owners with
25% or more ownership. Provide written explanations for all
negative items. Paragraph 3-2(A)4
Audited Financial
Report: CPA issued GAAS audit less than 12 months old with
net worth calculation of at least $250,000 with a minimum of 20% liquid
assets) Paragraphs
2-5, 2-6 and 3-2(A)6
Office
Facilities: Pictures of office facilities (internal, external
and signage), a floor plan and certification that facilities meet FHA
requirements. Office must be in separate commercial
space. Paragraphs
2-11(A) and 3-2(A)9
Quality Control
Plan: Must be plan of applicant, tailored to
applicant’s duties with regard to FHA
loans. Detailed requirements are in Chapter 7 but
it cannot be a copy of this chapter since it explains what the Quality
Control Plan must cover and is a guide. Paragraphs 7-1 through 7-12, as
appropriate
Submit the application form and its
required exhibits to:
Overnight:
FHA
Lender Approval and Recertification Division
490 L’Enfant Plaza East, SW, Suite 3214
Washington, DC 20024
US
Mail:
FHA
Lender Approval and
Recertification Division
451 7th Street, S.W., Room B133/P3214
Washington, DC 20410
Mail your $1,000 application fee
check and its cover sheet to our lockbox in Atlanta at the address
shown below. The fee cover sheet can be downloaded at http://www.hud.gov/offices/hsg/sfh/lender/titl2app.pdf.
Mailing your application form and its required exhibits to the Atlanta
lockbox will delay its receipt in Washington, DC by 30 days.
Dept of HUD
P.O. Box 198619
Atlanta, GA
30384
See FHA Title II Mortgagee Approval
Handbook 4060.1, Rev-2 at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc.
The processing time
for a complete application is 30-45 days depending on the number of
other applications in the processing pipeline.
11.
What are the requirements to become a FHA approved Supervised Mortgagee?
Supervised
Mortgagee Application Package
FHA Lender Approval
Application Form 11701 that can be downloaded at: http://www.ginniemae.gov/guide/pdf/11701.pdf.
The
following supplemental exhibits are required. References are
to parts of the Title II Mortgagee Approval Handbook 4060.1, Rev-2
available at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc.
If
only applying for Title I approval, please see the Title I Lender
Approval Handbook 4700.2, Title I Letters 469, 478 and 2003-01
available at http://www.hudclips.org/cgi/index.cgi. For
Title I, there is no fidelity bond or E&O insurance requirement.
Copy of $1,000
Application Fee Check: Made payable to HUD and mailed to the
HUD/FHA lockbox -- PO Box 198619, Atlanta, GA
30384. Paragraph
2-7.
State DBA Approval, If
applicable (include copy of State certificate for use of the DBA,
Fictitious or Assumed Name) Paragraphs 2-4 and 3-2(A)8
Copy of Fidelity
Bond: $300,000 minimum covering applicant’s
employees and agents. HUD does not have to be the
beneficiary. Paragraph 3-2(A)10
Copy of Errors
& Omissions Insurance: $300,000 minimum covering
applicant’s employees and agents. HUD does not have
to be the beneficiary. Paragraph 3-2(A)11
Quality Control
Plan: Must be plan of applicant, tailored to
applicant’s duties with regard to FHA
loans. Detailed requirements are in Chapter 7 but
it cannot be a copy of this chapter since it explains what the Quality
Control Plan must cover and is a guide. Paragraphs 7-1 through 7-12, as
appropriate
Submit the application form and its
required exhibits to:
Overnight:
FHA
Lender Approval and Recertification Division
490 L’Enfant Plaza East, SW, Suite 3214
Washington, DC 20024
US
Mail:
FHA
Lender Approval and
Recertification Division
451 7th Street, S.W., Room B133/P3214
Washington, DC 20410
Mail your $1,000 application fee
check and its cover sheet to our lockbox in Atlanta at the address
shown below. The fee cover sheet can be downloaded at http://www.hud.gov/offices/hsg/sfh/lender/titl2app.pdf.
Mailing your application form and its required exhibits to the Atlanta
lockbox will delay its receipt in Washington, DC by 30 days.
Dept of HUD
P.O. Box 198619
Atlanta, GA
30384
The FHA Title II Mortgagee Approval
Handbook 4060.1, Rev-2 can be downloaded at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc.
The processing time
for a complete application is 30-45 days depending on the number of
other applications in the processing pipeline.
12.
What are the requirements to become a FHA approved Supervised Loan
Correspondent?
Supervised
Loan Corrrespondent Application Package
FHA Lender Approval
Application Form 11701 that can be downloaded at: http://www.ginniemae.gov/guide/pdf/11701.pdf.
The
following supplemental exhibits are required. References are
to parts of the Title II Mortgagee Approval Handbook 4060.1, Rev-2
available at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc
If
only applying for Title I approval, please see the Title I Lender
Approval Handbook 4700.2, Title I Letters 469, 478 and 2003-01
available at http://www.hudclips.org/cgi/index.cgi
Copy of $1,000
Application Fee Check: Made payable to HUD and mailed to the
HUD/FHA lockbox -- PO Box 198619, Atlanta, GA
30384. Paragraph
2-7.
Sponsor
Letter: A Letter from a FHA approved DE Mortgagee stating it
underwrite any FHA loans originated by the applicant. Paragraphs 3-2(A)1
State DBA Approval, if
applicable: Include copy of State certificate for use of the DBA,
Fictitious or Assumed Name. Paragraphs 2-4 and 3-2(A)8
Quality Control Plan:
Must be plan of applicant, tailored to applicant’s duties
with regard to FHA loans. Detailed requirements are
in Chapter 7 but it cannot be a copy of this chapter since it explains
what the Quality Control Plan must cover and is a guide. Paragraphs 7-1 through 7-12, as
appropriate
Submit the application form and its
required exhibits to:
Overnight:
FHA
Lender Approval and Recertification Division
490 L’Enfant Plaza East, SW, Suite 3214
Washington, DC 20024
US
Mail:
FHA
Lender Approval and
Recertification Division
451 7th Street, S.W., Room B133/P3214
Washington, DC 20410
Mail your $1,000 application fee
check and its cover sheet to our lockbox in Atlanta at the address
shown below. The fee cover sheet can be downloaded at http://www.hud.gov/offices/hsg/sfh/lender/titl2app.pdf.
Mailing your application form and its required exhibits to the Atlanta
lockbox will delay its receipt in Washington, DC by 30 days.
Dept of HUD
P.O. Box 198619
Atlanta, GA
30384
The FHA Title II Mortgagee Approval
Handbook 4060.1, Rev-2 can be downloaded at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc.
13.
What types of business forms can be FHA approved as a mortgagee or loan
correspondent?
A mortgagee seeking approval must
be a corporation, partnership, or other chartered institution, and must
be a permanent organization having succession. A sole
proprietorship or trust is not an acceptable business form for approval
as a FHA mortgagee.
See paragraph 2-1 in Chapter 2 of
the Title II Mortgagee Approval Handbook 4060.1, Rev-2
at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc
for additional details.
14
What are the FHA requirements for an LLC to be a FHA approved lender?
The LLC's Articles of
Organization and/or Operating Agreement must:
·
Specify
that the LLC consist of two or more members. A single member
LLC is acceptable only if the member is a corporation consisting of two
or more persons;
·
Specify
a minimum term of existence of at least ten years;
·
Provide
for succession;
·
Authorize
continuance in the event of the withdrawal or death of a member; and
·
Specify
that the LLC will not terminate until all FHA-insured mortgages have
been transferred to another approved mortgagee.
See
paragraph 2-2.C in Chapter 2 of the Title II
Mortgagee Approval Handbook 4060.1, Rev-2 at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc for
additional details.
15
What are FHA’s requirements concerning the use of
“Doing Business As” names.
When applying to be
approved, all applicants must submit documentation that they have State
approval for both their legal name and any “doing business
as” name they use.
See paragraph 2-4 in
Chapter 2 of the Title II Mortgagee Approval Handbook 4060.1, Rev-2 at:
http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc.
Once a lender is
approved, lenders can add DBAs to their institutional profile via the
FHA Connection. This helps us locate a company when
we get an inquiry that uses the company's DBA vs. legal
name. Although a mortgagee may have more than one
“dba,” each home or branch office is limited to one
“dba” identity for FHA purposes. The lender must
have State approval to use a DBA name before it updates its profile via
FHA Connection.
See paragraph 6-9 in
Chapter 6 of the Title II Mortgagee Approval Handbook 4060.1, Rev-2 at:
http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc.
16
What are the net worth and liquidity requirements for
nonsupervised loan correspondents and mortgagees?
Nonsupervised Loan
correspondents (also known as mortgage brokers in the industry)
must have a minimum adjusted net worth of $63,000, with at
least 20% being liquid assets. They also must have an additional
$25,000 of adjusted net worth for each branch (both traditional and
non-traditional) they wish to register with FHA up to a maximum
adjusted net worth of $250,000 that includes the initial $63,000.
The requirements for nonsupervised
mortgagees (also known as mortgage lenders in the industry) are
higher. They must have a minimum adjusted net worth of
$250,000, with at least 20% being liquid assets to be initially
approved. To recertify (renew) their FHA approval each year,
they are required to maintain
an adjusted net worth of one percent of the volume of insured mortgages
the mortgagee originated, purchased, or serviced, but not less than
$250,000, up to a maximum of $1,000,000.
Adjusted net worth must be
determined in accordance with chapter 7 of the most recent version of
the HUD IG Handbook 2000.04 Consolidated Audit Guide for
Audits of HUD Programs at: http://www.hud.gov/offices/oig/reports/auditguide,
and be audited by the CPA. See paragraph 7-6(B) of above
referenced handbook for information on unacceptable assets for this
calculation.
See paragraphs 2-5 and 2-6 in
Chapter 2 of the Title II Mortgagee Approval Handbook 4060.1,
Rev-2 at: http://hudclips.org/sub_nonhud/cgi/pdfforms/40601HB.doc
for additional details.
The applicant must
submit its most current CPA prepared audited financial statements for
the period ended not more than 12 months prior to submission of the
application. The
financial statements must be supplemented by a computation of Adjusted
net worth must be determined in accordance with chapter 7 of the most
recent version of the HUD IG Handbook 2000.04 Consolidated Audit Guide for
Audits of HUD Programs at: http://www.hud.gov/offices/oig/reports/auditguide, and
be
audited by the CPA. See paragraph 7-6(B) of above referenced
handbook for information on unacceptable assets for this calculation.
&