Part II of a Three Part Series

In Series Number One, we reviewed the merits of the Good Faith Estimate and its value to the borrower for transparent disclosure of facts and figures.     In the Part Two, we need to address the “service” aspect of the Real Estate Settlement Procedures Act.

When you apply for a home mortgage, you may think that the lender, or loan originator, will service the loan until it is paid off or your house is sold. However, in today’s market mortgage, servicing rights often are bought and sold. The Real Estate Settlement Procedures Act (RESPA) is a consumer protection statute which affords you certain disclosures and strategies for problem resolution with your mortgage and/or escrow account.

Duty of Loan Servicer to Respond to Complaints. If you have questions or problems with the servicing of your loan, the servicer is required to respond to you. Write to your servicer and call it a “qualified written request under Section 6 of RESPA.” It should be a separate letter and not mailed with your payment. The mortgage servicer must                respond to you within 60 business days of receipt.

A Sample Complaint Letter would include the following because the specifics are important:
Attention Customer Service:

Subject: [Your loan number]
[Names on loan documents]
[Property and/or mailing address]

This is a “qualified written request” under Section 6 of the Real Estate Settlement Procedures Act (RESPA).

I am writing because:

• Describe the issue or the question you have and/or what action you believe the lender should take.
• Attach copies of any related written materials.
• Describe any conversations with customer service regarding the issue and to whom you spoke.
• Describe any previous steps you have taken or attempts to resolve the issue.
• List a day time telephone number in case a customer service representative wishes to contact you.
• I understand that under Section 6 of RESPA you are required to acknowledge my request within 20 business days and must try to resolve the issue within 60 business days.

Sincerely,

[Your name]

REMEMBER: This letter SHOULD NOT be included with your mortgage payment, but should be sent separately to the customer service address.

And, it is very important that you continue to make the required mortgage and escrow payment until the request is resolved.

Loan Transferred to New Servicer. Your loan servicer is required to notify you in writing at least 15 days before the servicing of your loan is transferred to a new servicer. The notice must include the following information:

* The effective date of the transfer, the date your current servicer will stop accepting payments and the date the new servicer will begin accepting them.
* The name, address, and toll-free or collect call telephone number for the new servicer.
* Information that tells whether you can continue any optional insurance, such as mortgage life or disability insurance, and what action, if any, you must take to maintain coverage.
* A statement that the transfer of servicing does not affect any term or condition of your mortgage documents other than the terms directly related to the servicing of the loan.

Treatment of Payments During Transfer Period. During the 60-day period beginning on the effective date of the transfer, the payment may not be treated as late if you mistakenly send it to the old mortgage servicer instead of the new one.

Escrow Account. RESPA does not require that you maintain an escrow account for the purpose of paying property taxes, hazard insurance, etc. Nor does RESPA have any jurisdiction over the decision of the lender or servicer to require or terminate an escrow account. RESPA does, however, provide you with the following protections with regard to the escrow account:

• If your lender or mortgage servicer requires you to maintain an escrow account for the purpose of paying property taxes, hazard insurance, etc., RESPA requires that the servicer pay such items by the dates due to avoid a penalty or late charge.
• RESPA sets limits on the maximum amount of money the servicer may require you to maintain and pay in the escrow account. (More information about escrow accounts, including how to calculate the maximum amount RESPA allows the lender to require in the escrow account.)

Multistate Home Lending www.multistatehomelending.com and The Manufactured Home Lending Source www.mh-lending.com are committed to full and complete disclosure. All of our loan officers are registered with the Nationwide Mortgage Licensing System and Registry (Registry), a database established by the Conference of State Bank Supervisors (CSBS) and the American Association of Residential Mortgage Regulators to support the licensing of mortgage loan originators by the States. As part of this registration process, mortgage loan originators must furnish to the Registry background information and fingerprints for a background check. The S.A.F.E. Act generally prohibits employees of an agency-regulated institution from originating residential mortgage loans without first registering with the Registry.

Part I of a Three Part Series

When the FDA required food manufacturers to reveal the ingredients, nutritional value, calorie count and net weight on their product labeling, the big winner was the consumer. The consumer wins again now that Department of Housing and Urban Development (HUD) has set a standard for loan transparency. As of January 2010, all loan originators are required to give borrowers a loan “ingredient” list called a Good Faith Estimate (GFE). This three page “label” is structured within the Real Estate Settlement Procedures Act (RESPA) and clearly discloses key loan terms and closing costs to the borrower. Actually the Good Faith Estimate is more than a guesstimate, because once presented to the borrower, it is a binding statement of costs with few exceptions. A loan originator must issue a GFE no later than 3 business days after the loan originator receives either an application or information sufficient to complete an application and failure to provide a GFE to a borrower is a violation of Section 5 of RESPA. However, if the loan originator denies the loan before the end of the three business day period, or if the applicant withdraws the application, then the GFE does not need to be provided nor does the Special Information Booklet. HUD’s new settlement cost booklet (pdf version – updated 1/6/2010 with corrections of minor detail)

The only fee that a loan originator can charge before issuing a GFE is the cost of a credit report. However, it is important to note that a GFE is not a loan commitment—it is simply an estimate of settlement charges a borrower is likely to incur to obtain a specific loan. So just because you receive an acknowledgement of receipt of your GFE, the lender cannot automatically conclude that this is an expression of your intention to proceed with the loan or a promise by the lender that they are able to provide you with the loan. Generally speaking if a borrower does not express an intent to continue with an application within ten business days after the GFE is provided, the loan originator is no longer bound by the GFE. Also worthy of note is if a GFE was provide but the interest rate has not been locked, if there are changes to the interest rate dependent charges or loan terms a revised GFE must be issued.

So who exactly is a loan originator? A loan originator is either a lender or a mortgage broker.

And, what constitutes “sufficient” information?:

1. borrower’s name
2. borrower’s monthly income
3. borrower’s social security number to obtain a credit report
4. property address
5. estimate of value of the property
6. loan amount and
7. any other information deemed necessary by the loan originator.

After a loan applicant both receives a GFE and indicates an intention to proceed with the loan covered by the GFE, the loan originator may collect fees beyond the cost of a credit report for origination-related services. Some of the fees included in the loan will typically be categorized under processing and administrative services which encompass functions involved in title and origination service. Processing and administrative services include, but are not limited to the following: document delivery, document preparation, copying, wiring, preparing endorsements, document handling and notarization.

In a real estate sales transaction where there is a contract between borrower and seller, the GFE only impacts the borrower. So let’s say there are other charges in a loan transaction that are customarily charged to the seller, they do not need to be included on the GFE. However, if the seller has agreed to pay charges that are normally borrower responsibility (i.e owner’s title insurance), then those charges should be disclosed. The Good Faith Estimate offers the borrower a chance to make a more informed decision and weigh and balance the cost ramifications before him.

The fact that TB&W was shut down this week did not create an earth-shattering news event.   The reason:   the impact of this bank closure is less like an earthquake than a tsunami—the wave of destruction hasn’t hit the shore yet.  This a behind the scenes implode and as yet has not completely reverberated to the ultimate borrower.   As a wholesale bank, TB&W was where mortgage brokers often went for the loans that no one else would do:   for instance the very difficult FHA-insured manufactured home loan.   TB&W was one of the diminishing loan options for manufactured homes and for those borrowers, shopping for loans, they may find the playing field significantly down-sized.   Just considering the loans that were likely already in line for underwriting, there are an anticipated 30,000 loans who now may be homeless.  And for some people that already were ready to move into homes ready to fund, they may be homeless as well.

For those of you that had your loans in the pipeline, your lender may be scrambling to place you.   There is the tick-tock of the appraisal shelf life,  your loan lock rate, your next mortgage payment due date—and now all is up in the air.   Any borrower who has a loan in the works needs to contact his loan officers and not just ask hard and fast questions, but demand them, “Where was my loan being placed?   Do you have a back up source?   When will my appraisal expire?  If you were putting my loan with TB&W, what is your back-up plan?”   If there is any sense of hesitation, any wishy-washy-feel-good responses, any skirting-around-the-issue stall tactic, stop right there!   It is time to take matters into your own hands. 

Will my FHA Streamline Refinance with Taylor, Bean, & Whitaker close? It’s in-process.

No, Taylor Bean is no longer funding FHA mortgages.  Your FHA Streamline Refinance will not close with TBW.  If you want to do an FHA Streamline Refinance on your home, you’ll have to start the refinance process over.

My Taylor, Bean, & Whitaker FHA mortgage was already scheduled for a closing.  Am I still closing?

No, Taylor Bean is no longer funding FHA mortgages.  Consider your FHA mortgage application “dead”.  If you want to close on an FHA mortgage of any type — purchase or refinance — you’ll have to start the refinance process over.   For manufactured home loans, www.mh-lending.com

I am buying a manufactured home and have a FHA approval from Taylor, Bean, & Whitaker. Will it be honored?

No, Taylor Bean is no longer funding FHA mortgages.  If your loan officer hasn’t done it already, notify your real estate agent and every other interested party about what’s going on.  The Taylor Bean shutdown has been widely publicized.  Your seller won’t be happy about the situation, but they won’t be able to say it’s your fault, either.  The next step is to start a new FHA mortgage application with a new FHA lender.  For manufactured home loans, www.mh-lending.com

I am buying a manufactured home and my Taylor, Bean, & Whitaker FHA mortgage was cleared-to-close.  Will my mortgage fund on time?

No, Taylor Bean is no longer funding FHA mortgages.  Even though you were cleared-to-close, the government is forbidding TBW from sending funds to your closing.  If you want to use FHA financing for your purchase of a manufactured home loans, www.mh-lending.com

I closed on a FHA refinance with Taylor, Bean, & Whitaker last week.  The loan was scheduled to fund this week, but then the government shut down TBW.  Will my loan still fund?

No, Taylor Bean is no longer funding FHA mortgages.  Even though your loan was “closed”, it doesn’t fund until the 3-Day Right of Rescission is over.  Therefore, if you signed your refinance paperwork with an escrow agent July 31, August 3, or August 4, 2009, your refinance will not fund with TBW.  If you signed your paperwork on Thursday, July 30, your odds of the loan actually funding were small.  If it didn’t fund and you still want an FHA mortgage, you’ll have to start the FHA mortgage approval process over.

I went to my FHA purchase closing  on Wednesday, right as the Feds were raiding Taylor, Bean, & Whitaker’s offices.  I signed all of my paperwork but my loan didn’t fund.  When will the funds get to my closing so I can finally close on my house?

The funds will not arrive for your closing.  TBW is no longer funding FHA mortgages.  All parties in the transaction should be made aware of your financing situation as soon as possible. For manufactured home loans, www.mh-lending.com

Can’t another lender just “assume” my in-process Taylor, Bean, & Whitaker FHA mortgage approval?

No. FHA mortgage approvals are not assumable.  If you move your FHA home loan to a different lender, expect to restart your mortgage approval from the beginning including the signing of new disclosures and the providing of current income and asset documentation.

If Taylor, Bean, & Whitaker is no longer making FHA manufactured home mortgages, who is?

Contact www.mh-lending.com

I paid for an FHA appraisal as part of my mortgage approval.  Do I have to pay for another appraisal with a new FHA mortgage lender?

It depends.  Some appraisers will charge a small fee to “assign” your FHA appraisal to a new lender and some will do it for free.  Depending on the age of your appraisal, though, you may be required to re-order and start fresh.  This will be the most expensive option, but it’s out of your hands — appraisal requirements are at the lender’s discretion.

Okay, I get it.  I have to start from Square One with a new FHA mortgage application.  Do I get to keep my old mortgage rate?

No. When your mortgage application was canceled with Taylor Bean, your mortgage rate lock was canceled, too.  Your new mortgage rate will be whatever the current rates are for an FHA home loan.

My loan officer says that Taylor, Bean, & Whitaker was his only FHA lender. What do I do?

If you are in need of an FHA manufactured home mortgage, contact www.mh-lending.com

Loans are simply harder to get these days if you live in a manufactured home and harder still if that home is a singlewide. In many ways the manufactured home owner is treated as a second class citizen by the lending industry, probably because some of the misconceptions about the quality of construction and the negative perceptions created in the aftermath of major disasters (like a tornado or earthquake). And then there is the fact that many investors still consider manufactured homes “trailers”, viewing the residences as temporary structures which can be hauled off in the middle of the night, thus making the borrower and the home a flight risk. The singlewide home obviously provides the best comparison to the trailers of yesteryear so is often the greatest target of derision by lenders. Adding to the confusion is the fact that manufactured homes can either be titled as personal property or as real property. If it is titled as personal property, it is in essence in the same classification as a recreational vehicle and most lenders don’t feel they have an adequate security interest.

However, not to despair. There is some hope on the horizon if your manufactured home (singlewide, doublewide, triplewide and bigger) meets the following criteria:

• The home must be built on June 15, 1976 or newer.
• The home must be greater than 400 square feet.
• The home must be titled as real property which means the home and land must be owned by the same person. If you own the land and the home is still considered personal property, the title must be converted.
• The home cannot be in a 100 year frequency flood area
• The home must be on a permanent foundation that meets the HUD Permanent Foundaiton Guide to Manufactured Homes and a professional engineer must testify to this fact with an engineer’s certification letter. If the foundation does not meet the requirements, then a foundation repair must be done prior to the loan.
• The home must be in its original location and cannot have been moved from any other location other than the factory or the dealer’s lot.

If all the other criteria is met, then contact www.mh-lending.com
If you have questions about whether the foundation will certify, contact www.onthelevelcontractors.com

Just like all real estate, there is no doubt that the economic decline has impacted values in manufactured home communities.   However, condo parks have been harder hit than the broader community because financing for manufactured homes in condominium-classified parks completely disappeared for the last couple of years.   Except for hard money loans, private financing or VA loans, money simply dried up.   Investors shied away from any loan that was not FHA-insured which also included Reverse Mortgage or Home Equity Conversion Loans.   And it’s a vicious cycle.  Without loans, the sales market becomes stagnant and without sales, appraisers can’t find comparative values to provide a reasonable worth for your home

Fortunately, back in July Congress passed sweeping legislation that removed the condo exclusion, but it wasn’t until May that the Mortgagee Letters were released paving the way for financing opportunities.   However, the hard work has just begun.   Before a single loan can be originated, the park itself must receive approval from Housing and Urban Development.   This is no small feat and even once all the documentation is presented to the local overseeing HUD agency, the wait time for approval is 6-8 weeks.

There are many anxious lenders and homeowners that are excited about the new lending possibilities and the fact this will ultimately add more vibrance to the park community as well as increase the value potential of your home.   Yet, this is still a time to proceed with caution and not make any decisions until your management or HOA has expressly declared that the park has received approval.   The reason this is so critical is that over-anxious lenders are often encouraging a quickstart of the loan process by getting an appraisal.   This can have serious repercussions in a volatile market when the shelf-life of an appraisal is approximately two months.   Since most lenders don’t have an in-house underwriting department and the waiting line for an file evaluation is sometimes 3-6 weeks, your appraisal could be old before you start.

In addition, even once the park receives approval, there is another rigorous checklist for manufactured homes themselves.   First and more importantly your home must be newer than June 15, 1976.   No matter how beautifully renovated your home is or how updated its appearance, there are no exceptions.   The home must also be in its original location—so if the home was moved from another park, FHA will not insure the loan. The home must also be titled as real property and cannot be located in a flood plain.     Additionally, the home must be on a permanent foundation which must not only meet the local jurisdictional guideline but the HUD Permanent Foundation Guide For Manufactured Homes and an engineer must testify to this fact.   However, please don’t run out an install a foundation system prematurely.   This can generally be incorporated within the scope of the loan and should be the very last step of any loan process.   There is no sense spending several thousands of dollars on a foundation only to find out there are other issues that will complicate the loan.

When choosing a lender, carefully evaluate your options.   Ask specifically for referrals from other manufactured home owners.    You want a lender who understands that manufactured homes have specialty requirements and knows those requirements backwards and forwards.  And when choosing a foundation specialist or engineer for the certification, make sure you are working with one who will not charge you for a “failed” report and will your interests by not obligating you to a foundation retrofit or repair until the loan has the approval greenlight.

www.themanufacturedhomelendingsource.com and www.onthelevelcontractors.com

Park communities represent the most popular setting for manufactured homes. For loan purposes, lenders generally require that the owner of the home also own the land upon which the home sits. Until recently the park also had to be classified as a owner-owned Subdivision or a Planned Unit Development in order for manufactured homes to qualify for FHA-insured loans.

Many mobilehome parks and manufactured home communities began as land lease developments but as residents desired a greater control over their living situation and costs associated with their residences, many parks converted to resident ownership. Most of these used the process of the condominium conversion. Unfortunately, because of the classification, this property type was ineligible for FHA-insured loans including Reverse Mortgages or HECM. Fortunately, the Housing and Economic Recovery Act of 2008 (HERA) granted authority to add individual manufactured housing units located in condominium projects to HUD for FHA insurance but the process from Congressional authority to actual loan processing is still unraveling.

Recently with the issuance of Mortgagee Letter 2009-16 Manufactured Housing Policy Guidance http://www.hud.gov/offices/adm/hudclips/letters/mortgagee/, condo parks have now been eventually neglared eligible for FHA-insured financing. Or at least according to HUD they are now eligible! But one shouldn’t jump to fast! First, lenders have not yet announced they are ready to accept the product and thusfar there are no announced guidelines or underwriting procedures for handling these loans. Remember, even though FHA is accepting the product for insurance, FHA is not the actual funding source, only the insurance entity. Until there is clarity from the individual lenders how they will process the loans, everything remains at a standstill. Lenders may impose additional guidelines above and beyond what is required by HUD.

HUD’s announcement states that until they can send out updated condominium project approval guidelines for manufactured condominium projects, that the project approval is subject to the requirements found in HUD Manual 4150.1, Chapter 11. The Mortgagee Letter goes on to specify that their “Spot Loan Approval” process is not available (as outlined in Mortgagee Letter 1996-41) and that all manufactured housing condominium projects must obtain full approval by the applicable Home Ownership Center (HOC) for HUD that has authority over the geographical area where the project is located. Since none of the condo projects are on a HUD approved list, the approval process may take months.

Chapter 11 of the 4150.1 manual is approximately 32 pages long and encompasses everything from owner occupancy requirements, to common facility completion requirements; legal review of the condominium documents to phasing eligibility; review of the insurance of the project to management agreements and operating budgets and much more. Different things are required depending on the age of the project. In addition to the 4150.1 for condominium projects, the property also has to meet HUD’s guidelines for manufactured housing which, per HUD guidelines, includes:

• Must have a floor area of not less than 400 square feet.
• Must be classified and subject to taxation as real estate.
• Must be built on and remains on a permanent chassis.
• Must be above the 100 year return frequency flood elevation.
• Must be built after June 15, 1976
• The foundation system must meet the guidelines published in the Permanent Foundations Guide for Manufactured Housing, dated September 1996. A certification attesting to compliance must be obtained from a licensed professional engineer.
• The manufactured home must not have been installed or occupied previously at any other site or location.
• Additions or structural modifications must not put the home at risk.

This is a time for borrowers to carefully explore their options and to find companies that specialize in the manufactured home loan process and will not move forward with appraisals, engineer’s certifications or other steps until all the stars align in favor of the homeowner and borrower. The Manufactured Home Lending Source website: www.themanufacturedhomelendingsource.com will be an ongoing resource for update information for homeowners and realtors.

What’s the Difference Between a Personal Loan and a Mortgage Loan?
Manufactured homes are an interesting animal to be sure.   It is the only form of housing that can either be classified as Personal Property or Chattel (like a car) or Real Property (like a regular site-built home) and how the distinction is determined can be confusing.   To be considered real property, the owner of the manufactured home must also own the land upon which the home sits.   Even when the homeowner owns the land, he/she may choose to title each separately—the home as personal property and the land as realty.   However, if one wants to secure an FHA-insured mortgage loan, the home and land must be conjoined as a single entity as REAL PROPERTY.  There is the old joke with lenders that you’ll pull your “trailer” out in the middle of the night and haul it down the street and the will be left holding the bag. The truth is that until the home is titled as real property, your manufactured home will be treated just like a car in the eyes of a lender.
What makes it all the more confusing when seeking a loan is that the titling process varies from state to state.   In some cases, the conversion to real property is a simple paper transaction removing the title off the Department of Motor Vehicles (ie Arizona and Oregon).   In other states, the building jurisdictions are involved and require installation of a permanent foundation to detitle the home as personal property and convert it to real property (ie California, Nevada  and New Mexico).   The Fannie-Mae website details the state by state titling procedures and is a valuable resource for both the loan processor and the borrower before they set the stage for a loan.    https://www.efanniemae.com/sf/guides/ssg/relatedsellinginfo/manufachousing/titlingmanufhsing.
FHA-Insured Manufactured Home Mortgage Loans on Real Property also need to meet other requirements.    It is critical that the home meets all the criteria or the loan will fail to be processed:

• The manufactured must be a HUD home, which means it must be manufactured after June 15, 1976. If there are metal plates at the rear of the home that begin with a three Alpha letters like CAL, ARZ, ORE, that’s usually a good sign. If the HUD label is missing, usually a label verification letter from the Institute for Building Technology and Safety (IBTS) www.ibts.org giving the provenance of the home will suffice.
• The foundation system must meet the guidelines published in the Permanent Foundation Guide for Manufactured Housing, dated September 1996. A certification attesting to compliance must be obtained from a licensed professional engineer.
• The manufactured home must be classified and taxed as real estate. A long-term lease may also be acceptable in certain instances. States vary on how the real estate classification is accomplished so this is another important aspect to understand.
• The axles and tongues must be removed from the chassis.
• The manufactured home must have an adequate perimeter enclosure with appropriate ventilation.
• The manufactured home must not have been installed or occupied previously at any other site or location.
• Must have a floor area of not less than 400 square feet.
• Built and remains on a permanent chassis.
• The finished grade elevation beneath the manufactured home shall be at or above the 100-year return frequency flood elevation.

Since manufactured homes are such a special animal, borrowers should deal with specialty performers, lenders www.themanufacturedhomelendingsource.com that understand and focus on the intricacies of the manufactured home loan process and engineers and contractors www.onthelevelcontractors.com that are knowledgeable about the Permanent Foundation Guide for Manufactured Homes, dated September 1996.

To Cert or Not to Cert? Our Opinion—Not So Fast

I am a female manufactured home contractor specializing in manufactured home foundation repair. It’s not the most glamorous job in the world and mainly consists of crawling underneath the darkside of people’s homes, often in claustrophobic tight conditions and in poor air circulation environments. Some manufactured homes are set in a pit to give an attractive low profile curb appeal, much like a site built home. Others are installed above ground and some even on full basement. On the subset types, there’s not a lot of room for the configuration of the female form to navigate easily from one end of the home to the other. While trying to do the military crawl underneath, my bottom inevitably pops up and then when I try to balance out, my head often jerks up and whamm—straight into the I-beam. My male co-workers find this particularly funny and when they hear my yelps as my body parts bang and clang against metal, I hear uncontrollable laughter. Fortunately YouTube has yet to find me underneath the dank and dirty world that is the manufactured home contractor’s domain. Believe me, we see it all, spiders, snakes, rats, centipedes, scorpions, dead carcasses (cats, rats, bunnies, and yes even a coyotes) not to mention standing water, sewer leaks, falling insulation, splitting marriage lines, overextended screw jacks, shifting or compromised supports. I have yet to find any buried treasure but we frequently find several cases of empty beer cans which may be the reason many of the homes we work on seem to be set up off kilter right from the beginning.

Having worked in the business for twenty some years, we have striven to maintain our business model as closely associated with the name of our company, On The Level, as possible and have tried to avoid the trampy style of some of our competition who frighten the mobilehome senior market with scare tactics,convincing widows to buy overpriced “earthquake bracing”, locktops, or “marriage rods. In most cases, these products were unnecessary or unpermitted and a waste of homeowner’s money.

And yet necessary upgrades for manufactured home foundations suddenly made an appearance when the lending market (specifically FHA and VA Loans) imposed foundation standards for permanent attachment in order to meet loan criteria. Without an engineer’s certification proving that the manufactured home’s foundation met FHA-insured standards (THE PERMANENT FOUNDATION GUIDE FOR MANUFACTURED HOMES, HUD 1996) , an FHA or VA loan could not move forward. The good news is that there are dozens of state-certified alternate and pre-fabricated systems available in the marketplace so that a home can have foundation repairs without having to renovate the entire understructure.

While the foundation standard is defined in the HUD Permanent Foundation Handbook, the problem is that individual states have divergent installation, titling, and real property provisions so each home must be evaluated on a case-by-case basis. But as a company, On The Level does not stop at the evaluation of just the foundation. It is our opinion that a foundation certification is NOT a stand-alone document. Proving that the foundation is compliant should NOT be the first step on the long laundry list of conditions. IT SHOULD BE THE LAST CONDITION! Let me explain, in many cases, we have evaluated the foundation and we know it can certify or it will certify with a retrofit but we refuse to move forward with the actual letter. Why? Our competition takes the attitude that they are only being hired to assess the foundation so that’s what they do: assess the foundation in a vacumn irrespective of other data, then they write a pass or fail certification, and take the money and run. So what if a $3000 retrofit could potentially kill the loan? Who cares if there is evidence that the home was moved from another location? Who cares if the home is located in a flood plain? Who cares if the home doesn’t have HUD tags? That’s not the engineer’s or retrofitter’s job, right? The engineer only needs to write a determination of the foundation itself. End of story.

We disagree. My point is that this is state-by-state tricky wicket. In most cases, I’ll get a demand from an enthusiastic loan officer, “I just need the cert”. When I say, “Not so fast—our research shows issues in other areas”, I think most of them think we are trying to drag our feet. Not true! It is our policy as a company never to charge for a failed foundation inspection report—we only charge the borrower or lender once a foundation report certifies that the foundation meets the PERMANENT FOUNDATION GUIDE FOR MANUFACTURED HOMES, HUD 1996.

We provide a one-stop shop for borrowers, lenders, processors to get nationwide engineer’s certifications quickly and accurately. No charges for failed reports EVER!!!! www.onthelevelcontractors.com

And if you don’t have a lender, a manufactured home loan specialist: www.mh-lending.com

Finding the right lender

Fair or unfair to manufactured home borrowers, most lenders view manufactured homes with derision. We’ve all heard the term —trailer trash—well that’s how most lenders continue to characterize the manufactured home loan. Without owning the land, the manufactured home is pigeon-holed into a high percentage rate personal property loan. Even when the home sits on real property, the stigma persists in the minds of lenders that a homeowner will pull up his 5th wheel, hitch up the home, pull up stakes, and disappear down the road in the middle of the night – leaving the investor, high and dry. Although the portrait being portrayed treads on the side of ridiculous, the real concern for the lender is not only dismissing the above stigma, but how a simple classification of titling can significantly alter an investor’s mentality from “trailer” to legitimate dwelling.

Fortunately, FHA-insured loans are improving their visibility with many mortgage brokers. In many respects, they seem to rank among the only safe-havens for the manufactured home purchaser or borrower. Furthermore, HUD has created a model that both the lender and transaction coordinator can follow. The need for this type of application stems from the confusion over the fact that manufactured homes are the only type of housing that can be classified either as personal property or real property; and worse, there has been no national consistency for neither titling nor set-up requirements. In some states, manufactured homes were overseen by a transportation agency. Yet in other states – such as California – there exists has always been an authoritative MH housing agency, where others maintain little to no oversight. While HUD has jumped into the picture and requires a national standard for new home installation since January 1, 2009, existing homes are currently in “no-man’s land.”

A primary priority to a lender is that the titling of the manufactured as real property (meaning that the home and land are conjoined as one). This provides the lender – or investor – with security interest on the home. In some states (like California), the classification for a manufactured home as real property requires that the home be installed on a permanent foundation. In other states (like Arizona), the change of titling procedure is a paper-only transaction so there is no requirement for a permanent foundation. Where this becomes a problem is when a borrower needs an FHA-insured loan because HUD requires that the home be set on a permanent foundation. Thus, a licensed engineer must certify the foundation is in compliance with FHA guidelines, or what is commonly referred to as the HUD Handbook. So this begs the question why? The borrower typically proclaims, “When I bought my home, it was approved by the building department and everything has been signed off. Of course, my home will pass otherwise the building department wouldn’t have approved it!” However, building regulations vary from city-to-city and county-to-county, so underwriters, investors and government agencies need a national standard. The approval of a licensed engineer that the home meets the standards detailed in the PERMANENT FOUNDATION GUIDE TO MANUFACTURED HOMES seems to fit the bill.

These are the basics for your home to qualify:

• The manufactured must be a HUD home, which means it must be manufactured after June 15, 1976. If there are metal plates at the rear of the home that begin with a three Alpha letters like CAL, ARZ, ORE, that’s usually a good sign. If the HUD label is missing, usually a label verification letter from the Institute for Building Technology and Safety (IBTS) www.ibts.org giving the provenance of the home will suffice.
• The foundation system must meet the guidelines published in the Permanent Foundations Guide for Manufactured Housing, dated September 1996. A certification attesting to compliance must be obtained from a licensed professional engineer.
• The manufactured home must be classified and taxed as real estate. A long-term lease may also be acceptable in certain instances. States vary on how the real estate classification is accomplished so this is another important aspect to understand.
• The axles and tongues must be removed from the chassis.
• The manufactured home must have an adequate perimeter enclosure with appropriate ventilation.
• The manufactured home must not have been installed or occupied previously at any other site or location.
• Must have a floor area of not less than 400 square feet.
• Built and remains on a permanent chassis.
• The finished grade elevation beneath the manufactured home shall be at or above the 100-year return frequency flood elevation.

If you are in the market for a manufactured home loan and you own your land, it is in your best interest to work with a loan officer that specializes only in the manufactured home loan product. And if you need a professional engineer to evaluate the foundation, you’ll need one that specializes in manufactured homes as well because the HUD Handbook consists of over 400 pages of inconsistency.

If you want a lender that specializes in manufactured homes. www.mh-lending.com

If you want a professional engineer that specializes in manufactured homes www.onthelevelcontractors.com

Proving your home is a HUD Home

Manufactured home loans are very unique in that in order to qualify for a loan, the lender has to qualify more than just your ability to repay the loan and the fact that your home is a good risk based on the value. Manufactured homes have their own checklist of requirements, one of which is proving the home is a HUD home. And the best proof is the THE HUD TAG or LABEL that is attached to the rear of each section of the home. Unlike the textile tag on pillows and mattresses that says DO NOT REMOVE and everyone does anyway. This is the one label you should not remove.

DO NOT REMOVE THE HUD TAG EVER!

When you go to find a piece of real estate, you can usually access it by address, assessor’s parcel number, legal description or all of the above. However, even if a manufactured home sits on a piece of realty and shares the features of the real property, it is still distinguished by its HUD label that is an affixed HUD seal (tag/label) located on the outside of the home.

Many people ask, if the home is on real property and is being assessed as real property, then why would a HUD tag be of continuing importance? Even when a manufactured home is converted to real property, it doesn’t remove the fact that the home is still a manufactured home. In other words, once a duck, always a duck even if it stops quacking. The provenance of any HUD home and its factory design and engineering requirements are traceable through the individual HUD number. For appraisal and lending purposes, code must follow code so appraisers and engineers certifying a home for a manufactured home loan need to specifically identify the HUD numbers in their reports and building departments utilize it as the format for the permit process because it allows the home to pre-empt the local building codes. If for any reason the labels are missing, appraisers will often reject the property and refuse to proceed until documentation is provided, building departments will refuse to issue certain and in some states a manufactured home may not be re-sold if missing a label. So let me repeat: DO NOT REMOVE THE HUD TAG EVER! However, if for unavoidable reasons the label must be removed from its permanent location, please safeguard it and keep it with your other important documents.

So what is the label?

The Certification Label (also know as a HUD tag) is a metal plate that is affixed to the outside of the manufactured home. The label number is stamped with a 3 letter designation which identifies the production inspection primary inspection agency followed by a 6-7 digit number which the label supplier shall furnish. If the home is a multi-wide unit, each unit must have a label. Although it is common for the numbers to be sequential, it is not necessarily so.

In the case of missing tags, HUD does not reissue new tags. However, the Department can issue a letter of label (tag) verification for units for which it can locate the necessary historical information. HUD will accept documentation from IBTS – Institute for Building Technology and Safety (Current HUD Contractor) verifying HUD labels were issued to the manufactured home if the tags are not affixed to the home at the time of appraisal. There is a fee for this and can be issued online as long as certain information can be verified.

Alternatively verification of the HUD label numbers can often be found on the interior of the home on a data plate. The Data Plate is usually found in one of four locations: on or near the main electrical panel, in a kitchen cabinet, in a bedroom closet or in a laundry room closet. The data plate has a map of the United States to let the consumer know the Wind Zone and Snow Load for which their home was built. The Data Plate will contain the following information: (a) the name and address of the manufacturing plant in which the home was manufactured, (b) the serial numbers and model designation, and the date the unit was manufactured, (c) a statement which references that the home was built in accordance to the Manufactured Home Construction and Safety Standards, (d) a list of the certification label number(s), (e) a list of factory-installed equipment, including the manufacturer’s name and the model designation of each appliance, (f) a reference to the Roof Load Zone and Wind Zone Load to which the home was designed, (h) and the name of the agency that approved the design. For a replacement copy of a missing data plate, one may be able to obtain it by contacting the In-Plant Primary Inspection Agency (IPIA) and the manufacturer. The IPIA is a third party inspection agency that works in conjunction with the Department to inspect manufactured homes during the manufacturing process to ensure that the manufacturer meets the Federal Manufactured Home Construction and Safety Standards. To obtain a list of inspection agencies, visit here:

With that it mind, DO NOT REMOVE the HUD TAG EVER!

And if you’re looking for a specialist for a manufactured home land-home package loan, contact www.mh-lending.com.