FHA won't deny loans over collections

Agency abandons plan to reject loans from borrowers who had more than $1,000 in disputed debt-collection accounts.

By Teresa at MSN Real Estate Jun 18, 2012 10:01AM

© JupiterimagesThe Federal Housing Administration has reversed course and decided not to deny mortgages to borrowers who have more than $1,000 in disputed collections accounts.

 

The rule, which originally had been scheduled to go into effect April 1, was rescinded Friday by the Department of Housing and Urban Development.

 

Implementation of the new policy had been delayed for three months after opposition from homebuilders and lenders, who said such a rule would further curtail purchases by first-time homebuyers and shut out the low-income borrowers the FHA was designed to serve.

 

Post continues below

 

The purpose of the rule was to cut the risk to the FHA from borrowers who defaulted on their loans. It required the borrowers to either pay off the outstanding balance or show they had made payment arrangements. This didn't leave an option for borrowers who were in collection for debts they didn't owe.

Although denying credit to people who don't pay their bills seems like a good idea, the real world

of debt collection is plagued with errors. That means that borrowers who have always paid their bills on time could end up with more than $1,000 in erroneous collections on their accounts, which would end up as disputes. The rule applied only to collections that were less than two years old and did not apply to debts related to medical bills, death, divorce or unemployment.

The FHA can still decide to deny credit to customers with accounts in collections or with disputed collections account, but the decision is now back to being made by humans who know the borrowers' circumstances rather than being automatic.

Tags: loans
62Comments
Apr 8, 2013 6:00PM
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I just went through a home modification loan --- boy it was HELL.  My former mortgage company SUNTRUST BANK --- they were ##%$9((!!0000 to deal with .  Do not deal wth SUNTRUST BANK for any type of mortgage ---

 

 

Jul 28, 2012 7:44PM
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I know couples and single friends that are walking away from their homes everyday.  Many should not have been in those homes in the first place because many were having financial issues from day one.

 

If you know that you could not afford the home that you lived in, you should leave and not make the bank have to throw you out.  Yes, these banks have issues but the borrowers should have read their loan documents. 

 

I'm not going to sign my life away without knowing what I'm signing - I did that when I joined the military - I have learned since then. 

Jul 28, 2012 6:38PM
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People--the BANKS DO NOT LEND MORTGAGE MONEY!!!  Banks only service the mortgage for the LENDER---FANNIE MA, FREDIE MAC, etc. So when the Banks do not comply with the Modification rules for the Homeowner it is the LENDERS dictating to the Banks i.e. BofA, Wells Fargo, etc. to screw the homeowner.  I know from personal experience and I forgot my KY and it hurt deeply.  If you know what I mean.
Jul 28, 2012 5:44PM
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A friend of mine bought a house in 2008, her house payment went way up in 2011, so she asked the lendor to review the documents of her loan.They could not find the loan because it no longer belonged to them, so she called the new holders, to get things cleared up. But when she asked if they could send her a copy of the original documents, they couldn't find them. So, she has not sent in a housepayment since she was not notified that the loan had changed hands and the new holder did not have anything to proving that she actually owed them anything. Not only is she living in a nice house without payments, per court order she doesn't have to pay until the holder can prove that a loan exists.
Jul 28, 2012 3:37PM
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TAP1 -
 stop blaming Obama - you either have a short memory or you are just not paying attention   - Bush enacted TARP and signed the bank bailout into law before the end of his presidency. Look it up.
Jul 28, 2012 3:15PM
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Just because FHA/Hud has chosen to ignore the collections doesn't mean that Wells Fargo, Bank of America, Chase or any other lender will ignore them.  A bank can choose to add additional requirements for its loan, called "overlays" by those in the lending industry.  Just look at what has happened with the Home Affordable Refinance Program or the New FHA guidelines.  You won't see banks tripping all over themselves to make these loans.
Jul 28, 2012 3:05PM
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Just remember Obama bailed out the banks for the tune of hundreds of billions of dollars and let the homeowner lose their homes. Now they can try again at lease for couple of months until after the election!
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Most of th laws are being broken by the  lenders.  They   refuse to do loan modifacations..   They don't  care  what the governmant  says.  When  will  people  wake up.
Jul 28, 2012 2:47PM
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Can anyone say "vote buying"....?????  I know that you folks are just as shocked at the idea as I am.......but if you give it a little "duck test" it may help sort out the entire matter for you.............; )
Jul 28, 2012 2:27PM
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@jcephe How in the heck did you put Obama in this, lol.  So hilarious!  The Majority of Defaults on the loans were mostly loans made/houses bought from 2004 to 2007.  Ummmm a year before we knew Obama was running for President.  So silly
Jul 28, 2012 2:11PM
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Why should deadbeats be denied new loans that they can default on? It's the bank's fault, it's Bush's fault, it's the loan company's fault, it's anyone's fault except the deadbeats who decided not to repay them. It's not their fault they could not read a mortgage that read adjustable rate from 2.5% in 2004 to 5.9% in 2009. They just did not know. Obama has had 4 different plans for them to lower rates but they still not not make the payments. As a matter of fact, 50% of those who had refinaced loans failed to make the payment on their revised loans after 1 year. Making your payments on time? Too bad, you should have joined the gravytrain provided by Obama. Made you student loan payments? Too bad, Obama wants to have those loans cut for the deadbeats who did not or will not repay. Suckers, your only alternative is to dump Obama.
Jul 28, 2012 1:33PM
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Darn bureaucraats - they can't seem to do anything right !!!
Jul 28, 2012 1:23PM
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"who said such a rule would further curtail purchases by first-time homebuyers and shut out the low-income borrowers the FHA was designed to serve."

 

Oh yeah, let's engage in the same behavior that got us into this mess to a large extent to begin with...namely approving mortgages for people who had no business buying a house in the first place.  

 

"That means that borrowers who have always paid their bills on time could end up with more than $1,000 in erroneous collections on their accounts, which would....

 

Wow, I guess there's just no way to check on that is there?  And apparently since there's not, we'll just loan to everybody again because it's apparently better to approve lots of mortgages again to people who can't afford them than it is to end up denying a few that might have to do a little work on their own to clear up their own credit record.

 

Damn, our government really is stupid beyond belief sometimes.

Jul 28, 2012 12:26PM
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thats the goverment insisted in helping use  they say its our problem

its start with our presdent dont know whats going on .

plus our credit as gone bad is no one is goning to help  only if you a milloner

Jul 28, 2012 11:51AM
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They have to start it all over again because the Govt needs the TAX money because people arent working.
Jul 28, 2012 11:23AM
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If some guy entered a car loan and then never paid any money and the car got repossessed.....yeah, he is a bad risk. If some lady paid all her bills on time but has a huge hospital bill from her husband passing...no, that does not make her a bad credit risk. These things should be handled on a case by case basis, and handled by a human...not a computer program. But what do I know.
Jul 28, 2012 11:16AM
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the credit reporting system sucks, and keeps a lot of worthy people out of homes because of past credit ratings, about 20% of all people do not have perfect credit, and us that don't have shiney credit can not purchase a home because of past credit problems no one wants to give you credit on what you can do today only on what has been in the past not fair by any means. a number for credit is absolutely outrageous, hell its just a number has nothing to do with paying back a loan.get the credit score thrown out.
Jul 28, 2012 11:06AM
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We're just starting the entire Sub-Prime crap again.

We aren't even out of the first mess and everyone is already at it.  Greed is obviously much more powerful in this country then any type of rational thought.

Jul 28, 2012 10:52AM
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Credit Reporting Agencies have long been the culprit in circulating erroneous credit information.     There should never be a negative impact on anyones credit report for ALLEGATIONS OF DEBT that have not been proven by the creditor via a judgement.     Turning allegations of debt over to collection agencies is just a method some unscrupulous creditors use to attempt to collect their UNPROVEN Debt.     No negativity shoudl be reflected until a creditor has obtained a court ordered judgement against an alleged debtor.
Jul 24, 2012 7:31AM
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Require prospective mortgage borrowers demonstrate they can handle the responsibility of carrying debt, what a novel concept.  Someone please tell me why this is a bad idea or even why it was a question in the first place.
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About Teresa Mears

Teresa Mears

Teresa Mears is a veteran journalist who has been interested in houses since her father took her to tax auctions to carry the cash at age 10. A former editor of The Miami Herald's Home & Design section, she lives in South Florida where, in addition to writing about real estate, she publishes Miami on the Cheap to help her neighbors adjust to the loss of 60% of their property value.

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