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HUD has long recognized the important role that downpayment assistance
through secondary financing plays in providing affordable housing opportunities.
There are three categories of DAP assistance providers:
1)
Nonprofit and Nonprofit Instrumentality of Government DAPs: Nonprofits
and Nonprofit Instrumentalities of Government that provide DAPs in the form
of a lien in conjunction with an FHA first mortgage lien, must be approved
by HUD. HUD maintains a
Roster of those
Nonprofits and Nonprofit Instrumentalities of Government that have been
approved. See Mortgagee Letter
02-01
for more information on the approval process. Also, see:
Non Profit Approval
Information for Participation in Single Family Programs.
2)
Government Entity DAPs: No approval is required for Government Entities
that provide secondary financing in the form of a lien in conjunction with
an FHA first mortgage lien. HUD does not maintain a list of Government Entity
DAP providers. Mortgage lenders are responsible for assuring that a Government
Entity DAP meets all appropriate FHA requirements, including those contained
in Mortgagee Letters
94-2,
02-22,
and
HUD
Handbook 4155.1 Rev-5, Paragraph 1-13A.
3)
Gift Programs: FHA does not "approve" down payment assistance programs
in the form of gifts administered by charitable organizations (i.e., nonprofits).
Mortgage lenders are responsible for assuring that the gift to the homebuyer
from the charitable organization meets the appropriate FHA requirements and
the transfer of funds is properly documented. See
HUD
Handbook 4155.1 REV-5, CHG-1 Paragraph 2-10 (C) and Mortgagee Letter
00-08,
for further information. Those charitable organizations that comply with
existing regulations and policy guidelines are permitted to give cash gifts
to eligible homebuyers and do not need prior FHA approval to do so.
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