Housing Bill Passes: What this means to you.

The president has officially signed into law the Housing and Economic Recovery Act of 2008, also known as H.R. 3221. H.R. 3221, perhaps the most significant piece of housing related legislation we have seen in recent years, implements necessary consumer protections while promoting stabilization of the current market and industry through reforms to the Government Sponsored Enterprises (GSE’s), Fannie Mae and Freddie Mac, and the Federal Housing Administration (FHA) program.

This bill is very long, 789 pages to be exact, and covers several issues. I have outlined what I think are the main points of the bill that I believe will directly affect us most.

First Time Homebuyer Credit
Allows first time homebuyers of a principal residence to receive a tax credit of 10% of the purchase price, up to $7,500. A first time homebuyer is classified as someone who has not owned a home in the last 3 years. This applies to home purchases made between 4/9/08 and 6/30/09. The tax credit is given to the homebuyer as a check and is repaid over 15 years at $500 per year. A single tax filer with income up to $75,000 will qualify for this tax credit. The tax credit will phase out as a single filer at $95,000 a year income. A joint tax filer with income up to $150,000 will qualify for this tax credit. The tax credit will phase out as a joint filer at $170,000 a year income. If the home is sold before the tax credit is paid back, the homeowner may or may not have to payback the full tax credit. If the homeowner sells the home at a loss, the remaining amount owed on the tax credit is forgiven. If the home is sold at a profit and the profit is less then the remaining amount owed on the tax credit, the tax credit is forgiven. If the homeowner dies, the remaining amount owed on the tax credit is forgiven.

New Agency Conforming Loan Limits
The current agency conforming loan limits maximize at $729,750 depending on the area where the property is located. The current limit is due to expire on 12/31/08. As of 1/1/09 the new maximum conforming loan limits for high cost areas will be adjusted to a cap of 150% of the current GSE loan limit of $417,000 for one unit properties or $625,500. Areas not regarded as high cost, the limits will be set to 115% of the local area median home price or $417,000 for a mortgage secured by a single family residence, $533,850 for a 2 family residence, $645,300 for a 3 family residence, and $801,950 for a 4 family residence.

FHA Modernization
Seller funded down payment assistance programs will be eliminated as of 10/1/08. Minimum cash required from the buyer is increasing from 3% to 3.5%. Up front mortgage insurance premium is increasing to 3% as of 10/1/08.

Hope for Homeowners Plan – FHA Rescue
The purpose of this plan is to ensure that loans are made available to distressed homeowners who could benefit from a refinance in order to be able to stay in their home. It allows owner occupant homeowners to avoid foreclosure by reducing their principal outstanding balance and their current interest rate. Participation in this program is voluntary.

The main requirements under this plan are:
· It must be your principal residence
· Borrowers mortgage debt to income ratio (including all existing mortgages) as of March 1, 2008 must be 31% or higher
· LTV is limited to 90%
· Existing lien holders must waive any prepayment penalties and fees
· Existing lien holders must agree to accept the proceeds as payment in full of all indebtedness and release of all liens
· Minimum 30 year term loan must be secured
· Maximum loan amount allowed under this program cannot exceed $550,400 (may be different for high cost areas)
· No second liens allowed for 5 years
· CLTV can not exceed 95%
· The loan must be underwritten with full income documentation
· Equity appreciation will be shared on a graduated scale with the lender
Sale or refinance within year 1 entitles HUD to 100% of the equity appreciation
Sale or refinance more than 1 year and less then 2 years entitles HUD to 90% of the equity appreciation
Sale or refinance more than 2 years and less then 3 years entitles HUD to 80% of the equity appreciation
Sale or refinance more than 3 years and less then 4 years entitles HUD to 70% of the equity appreciation
Sale or refinance more than 4 years and less then 5 years entitles HUD to 60% of the equity appreciation
Sale or refinance within year 5 entities HUD to 50% of the equity appreciation

The most noticeable changes in the bill are with FHA. Begininning October 1st, 2008, the down payment increases from 3% to 3.5%. In addition, as predicted, FHA will no longer allw the down payment assistance programs like Nehemia. Any loan in process must have full credit approval by FHA on September 30th. The last big change is the mortgage insurance will no longer be "one rate fits all". It will now be driven by credit scores and loan to value. The overall rate will go down making for less payment to the borrower.

The second biggest change is on December 31st, 2008, the temporary high balance of $729,000 will end. Under the new housing bill it will be reduced to $625,500 for both FHA and FNMA and FHLMC. It would have become $417,000 again if not for this bill. These balances apply to Orange County, California as well.