FHA Counseling Mess
In a recent article, FHA Loan Pro’s weighed in on the HUD counseling mess as homeowners with FHA loans now have new counseling choices to consider. If you are a homeowner in default HUD counselors are not supposed to charge you. It seems that recent reports suggest something else is going on.
In a letter to FHA mortgage lenders dated February 19th, HUD says: “HUD had previously sent guidance to HUD approved counseling agencies indicating that fees may not be charged for clients needing homeless counseling or default counseling. “It has come to HUD’s attention that some Housing Counseling agencies have been asking the real estate broker or agent on a short sale to provide their agency a part of the Real Estate Brokers sales commission to pay for the clients foreclosure counseling session. “Please be advised that splitting the Real Estate Brokers fee is not a permissible funding source for foreclosure counseling, and may be a violation of RESPA as well as the conflict of interest provisions of 24 CFR Part 214. It may also be grounds for termination from HUD’s Housing Counseling program. “HUD approved Housing Counseling agencies, their affiliates, and branches that are collecting fees from real estate agents for the referral of clients and to assist with the costs of foreclosure counseling must terminate this practice immediately.”
In 2007 HUD, under the Bush Administration, announced that “funding for housing counseling is a major concern among participating agencies. In a change in this final rule, HUD is clarifying that it will allow for participating agencies to accept funding from lenders, as long as the relationship does not create a conflict of interest and that the relationship is disclosed to the client.”
FHA Loan Pros complained about this rule loud and often and in the summer of 2008 Congress banned lender-paid counseling. In October of 2008, HUD complied with the new law and announced that “lenders can no longer pay HUD-approved counseling agencies, directly or indirectly, for counseling services through either a lump-sum payment or on a case-by-case basis.” Read the complete article at FHA Mortgage Programs
