FHA loans can be
originated only by mortgagees that have been
approved by the U.S. Department of Housing
and Urban Development (HUD). HUD has
recently imposed heavy sanctions on
mortgagees involved in certain unauthorized
forms of net branching and brokering that
resulted in increased risks to both the FHA
insurance fund and to FHA borrowers. Brokers
and lenders interested in originating FHA
loans must go through the approval
process.
There are three classes
of HUD approval: supervised lender,
non-supervised lender, and loan
correspondent. A supervised lender is a
commercial bank, savings and loan
association, or credit union under the
direct regulation of the FDIC, Federal
Reserve, or NCUA. The HUD approval
requirements for supervised institutions are
minimal due to their close scrutiny by the
other governmental agencies. A supervised
lender can participate in the same kinds of
lending activities as a non-supervised
lender, or can operate as a loan
correspondent.
A non-supervised lender
is a mortgage banker, the so-called “full
eagle”. It's principal activity must be the
lending or investing of funds in real estate
mortgages. This category of approval may
originate, service, purchase, hold, and sell
FHA insured mortgages. After surviving
fifteen pre-closing test cases,
non-supervised lenders may obtain Direct
Endorsement (DE) approval, and subsequently
submit loans for mortgage insurance without
prior underwriting review by HUD. Applicants
for non-supervised approval should be aware
that the DE approval process is far more
harrowing than the initial approval itself,
and that DE approval is mandatory for this
category of lender to originate an FHA loan.
You must make sure you have a savvy and
experienced DE underwriter on board before
beginning the procedure. It is not necessary
for non-supervised lenders to achieve DE
status if the main purpose of the HUD
approval is for state or investor approval
purposes, rather than the origination or
underwriting of FHA loans.
A loan correspondent is
HUD parlance for a mortgage broker, or
“mini-eagle”. This category of approval may
only originate FHA loans. It may
neither hold nor sell such loans. In
addition, the loan correspondent must have
one or more registered sponsors to
underwrite and fund the FHA loans that it
originates. Sponsors must be supervised or
non-supervised lenders with Direct
Endorsement approval from HUD.
When approved, each
broker or lender is issued an exclusive HUD
mortgagee identification number that is to
be used only by the approved entity to order
FHA case numbers and deal with HUD on a
variety of issues via the FHA Connection on
the internet. This identification number
will allow the approved mortgagee to order
an FHA case number anywhere within the
lending area of the mortgagee’s home office.
HUD has recently expanded the boundaries of
lending areas to include, in most cases,
several states. To originate an FHA loan
outside of the home office lending area, the
approved mortgagee must apply to HUD for
branch office approval. In response to the
wide use of internet lending, HUD now also
allows for the approval of a so-called
direct nationwide branch. Supervised and
non-supervised lenders may add branches over
the FHA Connection on the Internet for a
$300 fee, but loan correspondents must
submit a hard copy application to HUD along
with an audited financial statement and the
$300 fee. In addition to the initial net
worth requirement detailed below, a loan
correspondent must maintain an additional
net worth of $25,000 for each approved
branch office, up to a maximum requirement
of $250,000.
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