FHA: Vehicular Access Via Non-public Road W/out Maintenance Agreement

[Zoe]

4000.1.II.A.3.a.ii.(C) Access to Property



(C) Access to Property

The Mortgagee must confirm that the Property is provided with a safe pedestrian access and Adequate Vehicular Access from a public or private street. Streets must either be dedicated to public use and maintenance, or retained as private streets protected by permanent recorded Easements.

Private streets, including shared driveways, must be protected by permanent recorded Easements, ownership interest, or be owned and maintained by an HOA. Shared driveways do not require a joint maintenance agreement.



4000.1.II.D.3.C.iv.(A) Access to Property

iv. Site Conditions

(A) Access to Property

(1) Definition

Adequate Vehicular Access to Property refers to an all-weather road surface over which emergency and typical passenger vehicles can pass at all times.

(2) Required Analysis and Reporting

The Appraiser must notify the Mortgagee of the deficiency of MPR or MPS if the Property does not have safe pedestrian access and Adequate Vehicular Access from a public street or private street that is protected by a permanent recorded Easement, ownership interest, or is owned and maintained by an HOA. Shared driveways that are not part of an HOA must also meet these requirements.



The Appraiser must note whether there is safe pedestrian access and Adequate Vehicular Access to the site and analyze any effect on value or marketability.



The Appraiser must report evidence of a permanent Easement.



The Appraiser must ask if a maintenance agreement exists and comment on the condition of the private road or lane.

Yeah, now some state laws or even more local jurisdiction laws could apply. Great post on FHA. I am trying to get them to cover all bases. Especially FHA.

 

[glenn walker]

Apparently Zoe has never worked outside a major City because all through the Nation this is common in more rural or desert areas. These are just access to a properties and not roads that people drive on otherwise, and the Desert areas often only have a few major Paved Highways or one major freeway and people live on dirt and gravel roads.

This is not a issue and all that is required is that a emergency vehicle can access and get to the property. HUD-Fannie etc have been funding loans on these since the beginning. People who live in thee areas know all about it as do the Realtors , fire and Police. Often Police and fire have four wheel drive high ground clearance vehicles and even dirt bikes in some remote desert communities,

 

[Zoe]

Apparently Zoe has never worked outside a major City because all through the Nation this is common in more rural or desert areas. These are just access to a properties and not roads that people drive on otherwise, and the Desert areas often only have a few major Paved Highways or one major freeway and people live on dirt and gravel roads.

This is not a issue and all that is required is that a emergency vehicle can access and get to the property. HUD-Fannie etc have been funding loans on these since the beginning. People who live in thee areas know all about it as do the Realtors , fire and Police. Often Police and fire have four wheel drive high ground clearance vehicles and even dirt bikes in some remote desert communities,

Apparently you don't understand FHA is the client Sir? Whom would you ask Sir?

 

[glenn walker]

Manufactured Homes located along this dirt road FHA Funded Loan

 

[glenn walker]

County Unincorporated Community - Dirt and Gravel Road Easements to homes.

 

[glenn walker]

FHA doesn't require a road maintenance agreement. The HUD Handbook 4000.1 states, “private streets, including shared driveways, must be protected by permanent recorded easements. As long as its a recorded easement its good to go .

 

[glenn walker]

County Sheriff Rural Police- Note Dirt Road

 

[ZZGAMAZZ]

Yeah, I am trying to protect the lender and the title insurance company and the County and my client. Bit overwhelming. This one really confuses me. How does homeowner feel about the situation?

The re-fi is a reverse mortgage because she wants to live the rest of her life there.

I would send photos of the road and provide the address so the AF could see the parcel map, but don't think I should do that.

The road issue isn't nearly as interesting as the fact that it's a 1-bedroom SFR on a 1-acre parcel zoned min 20,000 sf area, or the dozen+ vintage Beamers waiting to be restored, although her son just isn't interested. The huge gently-sloping hill located past the end of the roadway someday will be a subdivion like virtually every other square inch of vacant land round these parts.

 

[Zoe]

The re-fi is a reverse mortgage because she wants to live the rest of her life there.

I would send photos of the road and provide the address so the AF could see the parcel map, but don't think I should do that.

The road issue isn't nearly as interesting as the fact that it's a 1-bedroom SFR on a 1-acre parcel zoned min 20,000 sf area, or the dozen+ vintage Beamers waiting to be restored, although her son just isn't interested. The huge gently-sloping hill located past the end of the roadway someday will be a subdivion like virtually every other square inch of vacant land round these parts.

So whoever develops that will maintain the road or the city will take it over. The developer will probably do the road and then the City will take it over. Or HOA will maintain it. Idk.

 

[sputnam]

The appraiser should not be concerned with whether the loan is made or not. As I recall (haven't checked in a while), FHA requires that the property be accessible from an all season road. It it's a private road, they are going to want to know about maintenance. If there is a recorded maintenance agreement, report it. If there is a verbal agreement among neighbors, you say that. If there is no maintenance agreement, you say so. Our job is to report what is. The Lender's job is to decide whether to make the loan or not.