Department of Housing and Urban Development (HUD) will be implementing a reduction in the Upfront and Annual Loan Guarantee Fees under the Section 184 Indian Home Loan Guarantee Program. Published in the Federal Register Notice (88 FR 28598) on May 4, 2023, effective on July 1, 2023.
Fee Reduction Details
The reduction in the Upfront Loan Guarantee Fee decreased from 1.50 to 1.00 percent, and the Annual Loan Guarantee Fee from 0.25 to 0.00 percent.
Guidelines for the fee reduction:
- Loans without Firm Commitments as of July 1, 2023: Lenders must apply the reduced loan guarantee fees to all Firm Commitments issued on or after July 1, 2023.
- Loans with existing Firm Commitments and a closing date scheduled for on or after July 1, 2023: If a Firm Commitment was issued before July 1, 2023, and the loan is scheduled to close on or after that date, lenders must request an updated Firm Commitment reflecting the reduced loan guarantee fees before the closing. Failure to do so will require lenders to refund the difference to the borrower.
- Upfront Loan Guarantee Fees paid in cash at closing: Lenders must reimburse the difference between the 1.50% fee and the 1.00% fee through a cash reimbursement.
- Upfront Loan Guarantee Fees financed at closing: Lenders must reimburse the difference between the borrow-financed charge at 1.50% and the revised rate of 1.00% by applying the refund to the outstanding principal balance. The new fee structure requires lenders to amend the Note and amortization schedule or reclose the transaction.
- Annual Loan Guarantee Fees paid by the borrower: Lenders must refund any payments obtained from the borrower in cash and stop collecting them. Post-closing refund payments, whether cash or applied to the unpaid principal balance, must be made within 90 days. Lenders must record refunds in the borrowers’ loan files.
- Loans closed prior to July 1, 2023: The fee reduction is not retroactive and will not apply to any loans closed before July 1, 2023.
Section 184 Indian Home Loan Guarantee Program, established under the Housing and Community Development Act of 1992, allows HUD to establish certain loan guarantee fees, and includes the Upfront Loan Guarantee Fee and an Annual Loan Guarantee Fee. The Upfront Loan Guarantee Fee is a percentage of the loan’s principal obligation, and the Annual Loan Guarantee Fee is a percentage of the remaining guaranteed balance.
Opinions expressed above are the personal opinions of the author and meant for generic illustration purposes only. With approved credit. For specific questions regarding your personal lending needs, please call RCB Bank at 855-BANK-RCB. Some restrictions apply. RCB Bank is an Equal Housing Lender and member FDIC. RCB Bank NMLS #798151.
