After lengthly review the Federal Housing Administration is pulling the plug on 'charity gifts' to help homebuyers utilizing FHA mortgages. The ban goes into effect on November 7, pending a possible court injunction being pursued by the affected charities.
Charity downpayment assistance programs (DPA) are very popular in FHA mortgage circles as a way to help buyers circumvent the FHA downpayment requirements. The FHA currently requires a downpayment of 3% on home purchases from the buyers. The catch is that the 3% funds can be a gift from a family member or non-profit.
Downpayment assistance programs legally organize themselves as non-profits so they can 'gift' the funds to the buyer.
Here's an example of how they work:
- Buyer makes an offer for a home listed at $100,000 telling the seller he wants to use a charity program.
- The Charity agrees to give the 'gift' to the buyer IF the seller 'makes a donation' to the charity equal to the gift being given plus $500.
- Seller says OK, but only if the buyer pays $103,500 for the home instead of $100,000
- Closing takes place with $3,500 being taken from the sellers proceeds and 'donated' to the charity. The buyer gets a 'gift' of $3,000 from the charity to satisfy the FHA downpayment requirement. The extra $500 is kept by the charity for itself.
The main reason cited for the ban is that downpayment assistance programs push home sale prices three percent higher than they otherwise should be. The extra three percent is not "home value" -- it's "help" and is repaid over time in the form of a higher loan amount. There really is no gift, it's money the buyer ultimately borrows and gets back in a quid pro quo arrangement
One study cited by FHA and used to pass the ruling said that home buyers participating in downpayment assistance programs go delinquent with two times the frequency of home buyers that don't.
FHA's other big problem with these so-called charities is that many really operate as a for-profit venture and really exist as charities solely to circumvent the FHA rules.