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HUD: Tax Credit Can Be Used on Closing Costs

FHA-approved lenders received the go-ahead to develop bridge-loan products that enable first-time buyers to use the benefits of the federal tax credit upfront, according to eagerly awaited guidance from the U.S. Department of Housing and Urban Development on so-called home buyer tax credit loans that was released today.

Under the guidance, FHA-approved lenders can develop bridge loans that home buyers can use to help cover their closing costs, buy down their interest rate, or put down more than the minimum 3.5 percent.

The loans can’t be used to cover the minimum 3.5 percent, senior HUD officials told reporters on a conference call Friday morning.

Thus, buyers applying for FHA-backed financing with an FHA-approved lender that offers a bridge-loan program can get a bridge loan to bring down the upfront costs of buying a home significantly but would still have to come up with the minimum 3.5 percent downpayment.

There remain many sources of assistance for buyers needing help with the 3.5 percent downpayment, including many state and local government instrumentalities and nonprofit lenders.

In addition, some state housing finance agencies have developed their own tax credit bridge loan programs, so buyers in states whose HFAs offer such programs can monetize the tax credit upfront to cover all or part of their downpayment. These programs are separate from what HUD announced today.

The first-time homebuyer tax credit was enacted last year–and improved upon earlier this year–to help encourage households to enter the housing market while interest rates are low and affordability is high. The credit is worth up to $8,000 and is available to households that haven’t owned a home in at least three years. The credit does not have to be repaid, and is fully reimbursable, so households can get their credit returned to them in the form of a payment.

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Tuesday, June 02, 2009 7:41 PM by Kim Darwaza

# re: HUD: Tax Credit Can Be Used on Closing Costs

Received the following from a lender today -

I have had several calls regarding the re-issuance of the HUD Mortgagee Letter (09-15) regarding the $8K tax credit.  Here is what we know so far…..

The re-issuance of the previously-issued-then-retracted HUD Mortgagee Letter (09-15) regarding the FTHB $8K Tax Credit.  a mess -- On Friday (5/29) HUD re-issued its' ML, telling us that lenders could participate as the "purchaser" of the borrower's tax credit. However, none of the tax credit can go towards FHA's required 3.5% down payment. Rather, the credit can only go towards additional down stroke, or to interest rate buy down, or towards closing costs. As with virtually every government announcement lately...they put it out and then every lender has to scramble around to determine if their systems can accommodate.

Here are the 10 things you need to know about these changes:

1. The IRS tax credit refund can be made only to the taxpayer and not a third party.

2. Government agencies may offer tax credit advances with second liens.

3. The buyer cannot get cash back through the tax credit advance.

4. The 2nd lien may not exceed the down payment, closing costs, and prepaid expenses.

5. The 2nd lien may be "soft" or require payments.

6. Payments on 2nd liens must be included in ratios unless deferred for at least 36 months.

7. Balloon payments on 2nd liens may not be before 10 years.

8. FHA approved lenders and FHA approved non-profits may purchase the tax credit.

9. Tax credit purchaser may not charge more than 2.5% of the tax credit as a fee.

10. IRS may deduct from the tax credit: unpaid student loans, tax liens and garnishments.

More to come as details emerge…

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