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Financial Services Law Insights and Observations

HUD Proposes Streamlined FHA Inspection and Warranty Requirements, New Jumbo Loan Maximum LTV

HUD FHA

Lending

On February 6, HUD published a proposed rule that would eliminate two regulations in order to streamline the FHA inspection and warranty requirements. HUD proposes to repeal the regulations requiring a FHA-approved inspector to determine the construction quality of homes for which borrowers seek FHA insurance. HUD acknowledges that the market is sufficiently competitive and regulated to provide quality inspectors without FHA approval. HUD also proposes to remove requirements for borrowers to purchase 10-year protection plans to qualify for FHA insurance for high loan-to-value (LTV) mortgages on newly constructed homes. HUD expects the changes to yield savings for lenders and borrowers, and to eliminate related FHA administrative costs. Public comments are due by April 8, 2013. Also on February 6, HUD published in the Federal Register its previously announced proposal to increase the minimum down payment for FHA-insured loans over $625,500 by setting the maximum LTV ratio at 95 percent. HUD proposed this increase because the FHA Mutual Mortgage Insurance Fund reported a decline from fiscal year 2011. HUD is accepting comments on the proposal through March 8, 2013.