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Volume 7 - Number 10

May 9, 2014

Nonprofits’ Role in Secondary Financing Clarified

A nonprofit organization that assists a government agency in providing secondary financing through FHA does not need approval by the Department of Housing and Urban Development or placement on the agency’s roster of approved nonprofits that meet certain requirements. According to Mortgagee Letter 2014-08, to qualify for the exclusion, the nonprofit’s functions must be limited to the government entity’s secondary financing program as well as to the note and deed of trust, which name the government agency as the mortgagee. Currently, HUD requires nonprofits to be HUD-approved and listed on the agency’s roster of nonprofit organizations before engaging in secondary financing for closing costs, prepaids and downpayment assistance on behalf of the government entity. In a mortgagee letter last year, HUD acknowledged that some government entities could not legally or operationally ensure that they are “making” second mortgages. As a result, the agency allowed ...

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