www.hudclips.org U. S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT WASHINGTON, D. C. 20410-8000 January 19, 1989 Mortgagee Letter 89-5 (Supplemental) TO: All Approved Mortgagees SUBJECT: Revised Requirements - Implementation of the Housing and Community Development Act of 1987 - Single Family Provisions - (ML 88-2); Assumption Processing - Time Frame This is a revision and expansion of the loan-to-value (LTV) ratio requirements as initially set forth in Mortgagee Letter 88-2 dated February 5, 1988. A time frame to process an assumptor's credit package is also established by this memorandum. Delete paragraph 3, page 3, of ML 88-2 , under Investor Mortgagors and add the following information: ASSUMPTIONS-LOAN-TO-VALUE RATIOS The loan-to-value ratios for investor mortgagors and owner- occupant mortgagors who purchase an insured property as a secondary residence, in cases where the seller is released from liability, must be based on either the value established by the original appraisal or the value established by a current, as-is appraisal, by an FHA- approved appraiser. The LTV ratios which must be invoked are as follows: (1) An insured high ratio loan to value mortgage or an 85% loan to value mortgage for a secondary residence originated by an owner occupant, if assumed by an investor, must be paid down to 75% LTV. (2) An insured high ratio loan to value mortgage originated by an owner occupant, if assumed as a secondary residence must be paid down to 85% LTV. (3) A section 203(K) insured mortgage originated by an owner occupant, if assumed by an investor or by a buyer who will use it as a secondary residence, must be paid down to 85% LTV. 2 The sales contract should indicate whether, in the case of an assumption, the original appraised value will be used to determine the LTV ratio or if an appraisal to obtain the current market value must be performed. If the sales contract provides that an appraisal must be performed, the lender must compare the two appraisals and use the greater of the two to calculate the LTV ratio. The financed one-time MIP must not be included in calculating loan-to-value. The calculation is to be based on the loan amount less the one-time MIP. These requirements are effective for all original transactions involving a HUD conditional commitment, HUD Master Conditional Commitment, VA Certificate of Reasonable Value or Master Certificate of Reasonable Value issued, or an appraisal or Master Appraisal signed by a Direct Endorsement (D.E.) Underwriter, on or after February 5, 1988, where the seller is being released of liability and continue throughout the term of the mortgage. D.E. lenders who are processing assumptions, and have their own FHA approved staff appraisers must use them to determine the current appraised value. All other lenders must contact the local HUD Office which has jurisdiction over the property and request the assignment of a HUD fee appraiser. The appraiser must use HUD standards and methodology and must use a URAR (Uniform Residential Appraisal Report). A customary desk review will be performed by the D.E. underwriter or HUD field staff, as appropriate. These appraisals must be completed within the established time frame allotted for all FHA appraisals. The URAR must be part of the loan file at the time of the creditworthiness review. PROCESSING TIME FRAME FOR ALL FHA ASSUMPTION CREDIT PACKAGES Lenders must perform all credit reviews prior to assumption and must complete the processing within 45 days of receipt of the completed credit package. Questions concerning this Mortgagee Letter should be directed to your local HUD Field Office. Sincerely yours, Thomas T. Demery Assistant Secretary