Homebuyer Tax Credit Anticipation Loans Stalled

The recent FHA ruling (HUD Mortgagee Letter 2009-15),  designed to allow a subordinate lien, cross-collateralized by the anticipated First-Time Homebuyer Tax Credit, has been stalled.  Less than one hour after the ruling was posted on the HUD website, the provision was rescinded.  From Boston.com:

According to contacts with both FHA and HUD, Mortgagee Letter 2009-15, which stated that first-time homebuyers would be allowed to use the tax credit for their downpayment, has been rescinded. On a phone call with FHA, Kim Kahl was told, “The mortgagee letter has been rescinded for the time being.” NAEBA President John Sullivan was told something similar when contacting HUD. Neither FHA nor HUD gave further details.

This is not to say that the policy won’t be reintroduced soon.  Government relations’ executives at mortgage banks believe that HUD wanted to avoid the implementation problems the temporary agency-jumbo loan limits increase order created when the agencies and lenders weren’t prepared.

Can a home buyer borrow money for his/her down payment today? Of course they can provided the loan is documented and the repayment terms are figured into the debt-to-income ratios.  Current sources for downpayment loans, which are acceptable to HUD, are not limited to but include:

• personal loan from a family member
• unsecured line of credit (credit card)
• 401-k retirement plan loan

For example, if a home buyer wanted to purchase a $300,000 home, which required a $10,500 down payment, they could take a cash advance against a credit card.  Underwriters would most likely require that a 4% per month minimum payment ($420) be used to calculate the debt-to-income ratios (regardless of the actual minimum payment).  Is this a prudent use of credit?

Perhaps. In our example, the home buyer might pay nine months interest on that credit card loan, at 24%, until the tax credit could be realized.  That interest (in our example) would be about $1,900.  if the home buyer were reasonably certain that the home they were buying was offered at such a compelling price that the $1,900 cost was minor, then I’d suggest it might be a prudent use of credit.

Perhaps not. I’m not convinced that the compelling deals won’t be here in 8-9 months.  In short, it would seem a bit impetuous to me to use that credit card loan.