1、399 PART 4000BOARD OF DIRECTORS OF THE HOPE FOR HOMEOWNERS PROGRAM Subpart ARules Regarding Access to In-formation Under the Freedom of Infor-mation Act Sec. 4000.1 Purpose and scope. 4000.2 Freedom of Information Act. AUTHORITY: 5 U.S.C. 552; 12 U.S.C. 1715z-22. SOURCE: 74 FR 7813, Feb. 20, 2009, u
2、nless otherwise noted. Subpart ARules Regarding Ac-cess to Information Under the Freedom of Information Act 4000.1 Purpose and scope. This subpart establishes the Boards procedures governing access to records of the Board under the Freedom of In-formation Act (5 U.S.C. 552). 4000.2 Freedom of Inform
3、ation Act. (a) In general. While the Board is not part of the Department of Housing and Urban Development (HUD), the Board follows the regulations promul-gated by HUD at subparts A and B (FOIA Disclosure Information) of part 15 (Public access to HUD records under the Freedom of Information Act and t
4、estimony and production of infor-mation by HUD employees) of Title 24 (Housing and Urban Development) of the Code of Federal Regulations (CFR), except as otherwise provided in this section. Any reference in 24 CFR 15.1 through 15.112 to HUD shall be construed to refer to the Board. In the event that
5、 the regulations at sub-parts A and B of part 15 of title 24 of the CFR subsequently are amended by HUD, the Board will follow those amended regulations. The following ad-ditional information is provided to im-plement 24 CFR 15.1 through 15.112 as such sections apply to the Board. (b) Requests for i
6、nformation. All re-quests to the Board for access to records of the Board should be directed to the attention of the Board at the U.S. Department of Housing and Urban Development (HUD), Freedom of Infor-mation Act Office, 451 Seventh Street, SW., Room 10139, Washington, DC 204103000 (HUD Headquarter
7、s), where the Board maintains its principal place of business. Requestors should follow the directions for requesting records as provided in the regulations in 24 CFR part 15, subpart B. The public reading rooms for the Board are the reading rooms located at HUD Headquarters in Washington, DC. Due t
8、o security meas-ures at HUD Headquarters, an advance appointment to review the public com-ments must be scheduled by calling the FOIA Office at 2027083054 (this is not a toll-free number). (c) Requests for records. Initial deter-minations whether to grant requests for records of the Board will be ma
9、de by the Secretary of the Board or the designee of such official. Requests for records by mail should be addressed to the same address as that provided in paragraph (a) of this section. (d) Administrative appeal of initial de-termination to deny records. (1) Appellate determinations with respect to
10、 the records of the Board will be made by an official, designated by the Executive Director of the Board, who had no in-volvement in the initial determination of the request for records that is the subject of the appeal. (2) Appellate determinations with re-spect to requests for expedited proc-essin
11、g shall be made by the Secretary of the Board or the designee of such of-ficial. (3) Appeals should be addressed to the address provided in paragraph (a) of this section. (e) Delivery of process. Service of proc-ess will be received by Counselor to the Board or the designee of such official and shal
12、l be delivered to the address provided in paragraph (a) of this sec-tion to the attention of Counselor to the Board. PART 4001HOPE FOR HOMEOWNERS PROGRAM Subpart AHOPE for Homeowners ProgramGeneral Requirements Sec. 4001.01 Purpose of program. 4001.03 Requirements and delegated author-ity. 4001.05 A
13、pproval of mortgagees. 4001.07 Definitions. VerDate Mar2010 14:09 May 05, 2010 Jkt 220081 PO 00000 Frm 00409 Fmt 8010 Sfmt 8010 Y:SGML220081.XXX 220081cprice-sewell on DSK89S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-400 24 CFR
14、Ch. XXIV (4110 Edition) 4001.01 Subpart BEligibility Requirements and Underwriting Procedures 4001.102 Cross-reference. 4001.104 Eligible mortgages. 4001.106 Eligible mortgagors. 4001.108 Eligible properties. 4001.110 Underwriting. 4001.112 Income verification. 4001.114 Appraisal. 4001.116 Represent
15、ations and prohibitions. 4001.118 Equity sharing. 4001.120 Appreciation sharing or upfront payment. 4001.122 Fees and closing costs. Subpart CRights and Obligations under the Contract of Insurance 4001.201 Cross-reference. 4001.203 Calculation of upfront and annual mortgage insurance premiums for Pr
16、o-gram mortgages. Subpart DServicing responsibilities 4001.301 Cross-reference. 4001.303 Prohibition on subordinate liens during first five years. Subpart EEnforcement MORTGAGOR FALSE INFORMATION 4001.401 Notice of false information from mortgagor-procedure. APPRAISER INDEPENDENCE 4001.403 Prohibiti
17、ons on interested parties in insured mortgage transaction. MORTGAGEES 4001.405 Mortgagees. APPENDIX A TO PART 4001CALCULATION OF UPFRONT PAYMENT OR FUTURE APPRECIA-TION PAYMENT. AUTHORITY: 12 U.S.C. 1701z22. SOURCE: 73 FR 58420, Oct. 6, 2008, unless otherwise noted. Subpart AHOPE for Homeowners Prog
18、ramGeneral Requirements 4001.01 Purpose of program. The HOPE for Homeowners Program is a temporary program authorized by section 257 of the National Housing Act, established within the Federal Housing Administration (FHA) of the Department of Housing and Urban De-velopment (HUD) that offers home-own
19、ers and existing loan holders (or servicers acting on their behalf) FHA insurance on refinanced loans for dis-tressed borrowers to support long-term sustainable homeownership by, among other things, allowing homeowners to avoid foreclosure. The HOPE for Home-owners Program is administered by HUD thr
20、ough FHA. 4001.03 Requirements and delegated authority. (a) Core requirements. This subpart es-tablishes the core requirements for the HOPE for Homeowners Program that have been adopted by the Board of Di-rectors (Board) for the HOPE for Home-owners Program (Program). In addition to the core require
21、ments, codified in this subpart, the Board of Directors may adopt and issue additional re-quirements, standards and policies through non-codified regulations, in-cluding through order, FEDERAL REG-ISTER notice, or other statement, such as a mortgagee letter, to be issued and implemented by FHA. (b)
22、Basic Program parameters. (1) FHA is authorized to insure eligible refi-nanced mortgages under the Program commencing no earlier than October 1, 2008. The authority to insure additional mortgages under the Program expires September 30, 2011. (2) Under this Program, an eligible mortgagor may obtain a
23、 refinancing of his or her existing mortgage(s) with a new mortgage loan insured by FHA, subject to conditions and restrictions specified in section 257 of the National Housing Act and requirements estab-lished by the Board. (c) Delegated authority. HUD is statu-torily charged with administering, th
24、rough FHA, the Program. In carrying out the Program requirements estab-lished by the Board, FHA is directed to issue such interim guidance and mort-gagee letters as FHA determines nec-essary or appropriate, within the pa-rameters of the requirements, stand-ards and policies adopted by the Board. In
25、addition to FHAs statutory charge, the Board of Directors authorizes FHA to address unique or case-by-case situa-tions as may be encountered by FHA in carrying out the Program, and to take such action as may be necessary to im-plement the Boards requirements. This delegated implementing authority Ve
26、rDate Mar2010 14:09 May 05, 2010 Jkt 220081 PO 00000 Frm 00410 Fmt 8010 Sfmt 8010 Y:SGML220081.XXX 220081cprice-sewell on DSK89S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from IHS-,-,-401 Board of Directors, Hope for Homeowners Program 4001.
27、07 includes, but is not limited to, speci-fying application forms, mortgage ap-plication procedures, certifications or other assurances, and other informa-tion collection requirements, subject to such rules, standards and policies as the Board may adopt. (d) Other applicable requirements. Ex-cept as
28、 may be otherwise provided by the Board, the provisions and require-ments in the FHA regulations in 24 CFR part 203, which are generally ap-plicable to all FHA-insured single fam-ily mortgage insurance programs, also apply with respect to the insurance of a refinanced eligible mortgage under the Pro
29、gram. 4001.05 Approval of mortgagees. (a) Eligibility. In order for a mortgage to be eligible for insurance under this part, the mortgagee originating the mortgage loan and seeking mortgage insurance under this part shall have been approved by the Secretary pursu-ant to 24 CFR part 202. (b) Mortgage
30、e whose loan is to be refi-nanced. A mortgagee holding or serv-icing an eligible mortgage to be refi-nanced and insured under section 257 of the National Housing Act is not re-quired to be an approved mortgagee as required in paragraph (a) of this sec-tion, unless it seeks to be the origi-nator of t
31、he refinanced mortgage to be insured by FHA. 4001.07 Definitions. As used in this part and in the Pro-gram, the following definitions apply. Act means the National Housing Act (12 U.S.C. 1701 et seq. ). Allowable closing costs mean charges, fees and discounts that the mortgagee may collect from the
32、mortgagor as pro-vided in 24 CFR 203.27(a). Board means the Board of Directors of the HOPE for Homeowners Program, which is comprised of the Secretary of HUD, the Secretary of the Treasury, the Chairman of the Board of Gov-ernors of the Federal Reserve System (Federal Reserve Board), and the Chair-p
33、erson of the Board of Directors of the Federal Deposit Insurance Corporation or the designees of each such indi-vidual. Capital improvements means a repair, renovation, or addition to a property that significantly enhances the value of the property, but does not include expenses for interior decor,
34、landscape maintenance, or normal maintenance or replacement expenses. Contract of insurance means the agreement by which FHA provides mortgage insurance to a mortgagee. Default and delinquency fees means late charges contained in a mortgage/ security instrument for the late or non-receipt of payment
35、s from mortga-gors after the date upon which pay-ment is due, including charges imposed by the mortgagee for the return of pay-ments on the mortgage due to non-suf-ficient funds. Direct financial benefit, as used in sec-tion 257(e)(1)(A)(ii)(II) of the Act, con-sists of the greater of two factors: (
36、1) The amount of initial equity the mortgagor has in the property at the closing for the Program mortgage as determined under 4001.118; and (2) The total amount that the exist-ing senior mortgage and all existing subordinate mortgages on the property have been written down. Disposition means any tra
37、nsaction that results in whole or partial trans-fer of title of a property other than (1) A sale of the property; or (2) Any transaction or transfer speci-fied in 12 U.S.C. 1701j-3(d)(1) through (8). Eligible Mortgage means a mortgage as defined in 4001.104. Existing senior mortgage means an eli-gib
38、le mortgage that has superior pri-ority and is being refinanced by a mortgage insured under section 257 of the Act. Existing subordinate mortgage means a mortgage that is subordinate in pri-ority to an eligible mortgage which is being refinanced by a mortgage insured under section 257 of the Act. FH
39、A means the Federal Housing Ad-ministration. HOPE for Homeowners Program (or Program) means the program estab-lished under section 257 of the Act. HUD means the Department of Hous-ing and Urban Development. Intentionally defaulted for purposes of section 257(e)(1)(A) of the Act means the mortgagor:
40、(1) Knowingly failed to make pay-ment on the mortgage or debt; VerDate Mar2010 14:09 May 05, 2010 Jkt 220081 PO 00000 Frm 00411 Fmt 8010 Sfmt 8010 Y:SGML220081.XXX 220081cprice-sewell on DSK89S0YB1PROD with CFRProvided by IHSNot for ResaleNo reproduction or networking permitted without license from
41、IHS-,-,-402 24 CFR Ch. XXIV (4110 Edition) 4001.102 (2) Had available funds at the time payment on the mortgage or debt was due that could pay the mortgage or debt without undue hardship; and (3) The debt was not subject to a bona fide dispute. Mortgage has the same meaning as provided in 24 CFR 203
42、.17(a)(1). Mortgagee has the same meaning as provided in 24 CFR 203.251(f). Mortgagor has the same meaning as provided in 24 CFR 203.251(e). Premium pricing means the price for the sale of a mortgage loan with an above market rate of interest. Prepayment penalties mean such amounts as defined in 12
43、CFR 226.32(d)(6) of the Federal Reserve Boards Regulation Z (Truth in Lend-ing). Primary residence means the dwelling where the mortgagor maintains his or her permanent place of abode and typi-cally spends the majority of the cal-endar year. A mortgagor can only have one primary residence. Program m
44、ortgage means the mort-gage into which the existing senior mortgage is refinanced. Related party of a person means any of the following or another person act-ing on behalf of the person or any of the following (1) The persons father, mother, step-father, stepmother, brother, sister, stepbrother, ste
45、psister, son, daughter, stepson, stepdaughter, grandparent, grandson, granddaughter, father-in- law, mother-in-law, brother-in-law, sis-ter-in-law, son-in-law, daughter-in-law, the spouse of any of the foregoing, and the persons spouse; (2) Any entity of which 25 percent or more of any class of voti
46、ng securities is owned, controlled or held in the aggre-gate by the person or the persons re-ferred to in paragraph (1); and (3) Any entity of which the person or any person referred to in paragraph (1) serves as a trustee, general partner, limited partner, managing member, or director. Secretary me
47、ans the Secretary of Housing and Urban Development. Total monthly mortgage payment means the sum of: (1) Principal and interest, as deter-mined on a fully indexed and fully am-ortized basis; and (2) Escrowed amounts. (i) The monthly required amount collected by or on be-half of the mortgagee for rea
48、l estate taxes, premiums for required hazard and mortgage insurance, homeowners association dues, ground rent, special assessments, water and sewer charges and other similar charges required by the note or security instrument; or (ii) For mortgages not subject to es-crow deposits, 112 of the estimat
49、ed an-nual costs for items listed in paragraph (2)(i) of this definition. 73 FR 58420, Oct. 6, 2008, as amended at 74 FR 621, Jan. 7, 2009 Subpart BEligibility Requirements and Underwriting Procedures 4001.102 Cross-reference. (a) All of the provisions of 24 CFR part 203, subpart A, concerning eligi-bility requirements of mortgages cov-ering one-family dwellings under sec-tion 203 of the National Housing Act (12 U.S.C. 170
