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Foreclosure FAQ
Foreclosure should only be considered as a last resort and should not be initiated until all relief options have been exhausted. When foreclosure cannot be avoided, it must be initiated timely and prosecuted vigorously to minimize losses to both the mortgagee and HUD.
Question 1 - Will the acceptance of partial payments advance the date of default on a delinquent mortgage?
Answer - Yes, the acceptance of partial payments will continue to advance the date of default.
Question 2 - The mortgagor has requested reinstatement figures on a mortgage that the foreclosure has been recorded and the foreclosure sale cannot be rescinded. Since the mortgage was a state financed loan, the mortgagor's ability to reinstate could only be through a Quit Claim Deed from the state finance authority to the mortgagor. Given these circumstances, would the FHA insurance certificate remain effective?
Answer - If the foreclosure cannot be rescinded, there is no longer a mortgage and, thus, the mortgagee either files a claim for insurance benefits or advises HUD it will not file a claim. In both cases, insurance terminates.
Question 3 - What action determines a foreclosure has been completed?
Answer - Foreclosure is completed when the mortgagee acquires title to the property, the Sheriff or Trustee's deed is recorded and status code 46 is reported to the Single Family Default Monitoring System.
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Other FAQ Resources
We don't make this stuff up, this is all government approved information
Assumptions
Assumption of an FHA-insured mortgage is a servicing function where the responsibility or paying for a mortgage is taken over by another person through simple assumption or creditworthiness assumption. read more |
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Claims
The vehicle utilized for payment of insurance proceeds from HUD to a Mortgagee is the Insurance Benefit Claim form HUD- 27011. This form is utilized for all submissions of claims for Conveyance of Property and Loss Mitigation Option incentives. read more |
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Deed-in-Lieu
A Deed in Lieu of foreclosure (DIL) is a disposition option in which a mortgagor voluntarily deeds collateral property in exchange for a release from all obligations under the mortgage. A DIL of foreclosure may not be accepted from mortgagors who can financially make their mortgage payments. DIL Fact Sheet / read more |
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Extension of Time
To comply with required time frames, an Extension of Time may be granted for a mortgagee to initiate or complete a Loss Mitigation (except Preforeclosure Sales) and/or foreclosure action. A mortgagee is required to submit to NSC-Oklahoma City, form HUD-50012, Request for Extension of Time, prior to the expiration of the respective time frame to Fax Number (405) 609-8405. read more |
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FHA Connection
FHA Connection (FHAC) is a portal used by mortgagees to report on and update the status of their FHA portfolio. In addition, the FHAC facilitates the following Single Family Servicing functions: Claims Processing, Delinquent Loans, HECM Reports, Monthly Premiums, Mortgage Record Changes, Mortgage Calculator, Mortgage Servicing Data Quality system and Lender Query by Case Number. FHAC FAQs. read more |
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FHA-HAMP
FHA-HAMP provides homeowners in default a greater opportunity to retain homeownership using a partial claim combined with a loan modification. Read Mortgagee Letter 09-23, the Questions and Answers document, and the FHA-HAMP Fact Sheet. |
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Foreclosure
Foreclosure should only be considered as a last resort and should not be initiated until all relief options have been exhausted. When foreclosure cannot be avoided, it must be started quickly and prosecuted vigorously to minimize losses to both the mortgagee and HUD. read more |
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General Loss Mitigation
This category includes all Loss Mitigation questions that are not specific to one of the five Loss Mitigation Options. read more |
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General Servicing
This category includes all General Servicing items stated within HUD Handbook 4330.1 REV-5, Administration of Insured Home Mortgages. read more |
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Loan Modification
A Loan Modification is a permanent change in one or more of the terms of a mortgagor's loan, allows the loan to be reinstated, and results in a payment the mortgagor can afford. Loan Modification Fact Sheet. read more |
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Partial Claim
Under the Partial Claim option, a mortgagee will advance funds on behalf of a mortgagor in an amount necessary to reinstate a delinquent loan (not to exceed the equivalent of 12 months PITI). The mortgagor will execute a promissory note and subordinate mortgage payable to HUD. Currently, these promissory or "Partial Claim" notes assess no interest and are not due and payable until the mortgagor either pays off the first mortgage or no longer owns the property. Partial Claim Fact Sheet. read more |
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Preforeclosure Sale
The Preforeclosure Sale (PFS) Program allows the mortgagor in default to sell his/her home and use the net sale proceeds to satisfy the mortgage debt even though these proceeds are less than the amount owed. Preforeclosure Sale Fact Sheet. read more |
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Preforeclosure Sale Variance
A mortgagee is required to submit to NSC - Oklahoma City, form HUD-90041, Request for Variance Procedure, to request permission from HUD regarding any Preforeclosure Sale Program exception as well as to request an Extension of Time pertaining to the Preforeclosure Sale Program. Variances are considered on a case-by-case basis. Requests are to be faxed to (405) 609-8405. read more |
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Single Family Default Monitoring System
Data reported to the Single Family Default Monitoring System (SFDMS) is used to measure the effectiveness of origination and servicing activities, and the potential risk to the insurance fund. For additional information, please see www.hud.gov/offices/hsg/sfh/nsc/sfdms.cfm
read more |
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Special Forbearance
A Special Forbearance (SFB) is a written repayment agreement between a mortgagee and a mortgagor, which contains a plan to reinstate an asset that is minimum three mortgage payments due and unpaid. Special Forbearance Fact Sheet. read more |
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Variance
On company letterhead, mortgagees are required to submit to NSC-Oklahoma City any request requiring a variance associated with Special Forbearance, Loan Modification, Partial Claim or Deed-in-Lieu of Foreclosure eligibility criteria or servicing guidelines. Variances are considered on a case-by-case basis. Requests are to be faxed to (405) 609-8405. read more |
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