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Nightmare Partial Release that FHA just won't let go.

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I am a little confused. You provided an "as is" and "subject to" value for the FHA report?
Its a HUD Staff reviewr
I'm dealing with a partial release where the current property as a whole is 2 full lots within a subdivision, which is 2.32 acres total (each lot is 1.16 acres), with ALL the improvements but a small loafing shed on one lot. Owner is giving the lot with the small loafing shed to his son, which is cause for the release. The original order came in as a typical conventional partial release, ok, no problem, took care of it. A few months later they come back and tell me that it was actually supposed to be FHA, well, that's not what my order said, so I go back out and take more pictures and complete the FHA inspection...nothing has changed on the interior or exterior. I get back, change the few things that need to be changed, add the additional photos of the attic and submit...remember there were no issues with it when it was thought to be conventional. Additionally, the LTV ratio is well below what it needs to be for this to go through without issue as current owner has had the property for like 14 years.

Now HUD is beating me up on revisions that never would have been an issue if this was a conventional. They didn't like the way I calculated the land adjustment, they didn't like that I didn't grid out for the two different scenarios of "As Is" and "Subject To" and only stated the "As Is" value (which was the requirement of the original order), plus a whole host of other things. OK, I go through clean things up, answer all their ridiculous questions and resubmit the report thinking that I'm done now. NOPE!!! HUD continues to beat me up with revisions for something that was not even part of the original order, nor the FHA order. It is like they are bored and rewriting the rules as they go along to what this particular HUD Reviewer feels it should be interpreted as, which I spent an hour on the phone going over everything with her, yet she keeps sending it back for more. Did she just forget that some other question she had needed to be answered, even if it is erroneous???

So, now I'm on like my 4th revision or something like that because now they want an HBU for the parcel that is being released...HELLO, did I miss something here??? First I give you everything you want, then you ask for more, of which one request was the value for the parcel being release which has absolutely nothing to do with the order as it will not be retained as collateral to the Lender, nor was it part of the original order. That parcel should only be given value as part of the current "As Is" value. Now, they are coming back and asking me for the HBU for the proposed released parcel...again, not part of the original scope of work or order, conventional or FHA. I even have a statement in the report that states that the HBU is for the 2 separate scenarios, "As Is" and "Subject To", that the proposed parcel release has nothing to do with it. The lender seams ok with everything but for some reason HUD does not.

Anyone been dealing with a ridiculous HUD Reviewer or anything similar to what I'm being asked? Also, how do I politely tell her to stick it where the sun don't shine and that it's really none of her business as it was not part of the original order, nor effect the final outcome of the "Subject To" value, which is way higher than the original loan ever was?
Its a HUD Staff Reviewer you cant tell her to go stick it. Just bear with it. She /he is trying to see what their risk is to releases the adjacent parcel which was secured by the loan. Since most FHA loan are low down payments, if She approves the "Lot Release" she just gave away part of HUDS loan security . Expect to go through a lot of of hoops because " they dont like giving away collateral security "
 
I am a little confused. You provided an "as is" and "subject to" value for the FHA report?
Yes, they wanted two separate values, what the value currently is as it stands, and what the value will be after the lot is split off, not a big deal to do. Especially for this property, and to top it all off, the LTV is seriously in both scenarios under 40%. Now they think they need a separate HBU for what will be split off, even though they are not wording it that way.
 
Good luck I have rarely seen HUD approve a partial lot release as they lose the security of that parcel, thats why I tell people do not encumber both lots if you plan on using /building on the other lot until you pay off the mortgage. But good look and its not just HUD conventional too until your loan is paid down over 50% most wont budge. Just hope and pray the second parcel is not worth much by itself :)
The borrower bought the property with both parcels some time ago, the LTV under both scenarios will literally be under 40%, there is no reason for them to not release the second lot, especially since it's going to his son to build and will most likely result in another FHA loan.
 
The borrower bought the property with both parcels some time ago, the LTV under both scenarios will literally be under 40%, there is no reason for them to not release the second lot, especially since it's going to his son to build and will most likely result in another FHA loan.
No disagreement but unfortunately there is no incentive for them to do them. But you never know maybe they will. They are no easy to deal with.
 
No longer doing FHA appraisals but isn't the process described clear as ever?

https://www.HUD.gov/sites/documents/4155-2_11.PDF
 
Based upon the below information/directive from HUD, I have to backpedal on my post # 7.

I do question why the two appraisals. The LTV of the remaining collateral is all that should come into play.



4155.2 11.2.a Information Required From the Lender for Partial Release For cases requiring FHA approval, the lender must submit to the appropriate Homeownership Center (HOC)  the written request for the partial release of security, and  separate appraisals that reflect the  value before the partial release of security, and  value of the remaining property after the partial release of security. Reference: For information on the required information for the release request, see HUD 4155.2 11.1
 
Your H&B use might be have been different. Don't worry about revisions if HUD is your client. Is second lot worth more sold separtely?

That is big question. HUD don't care about revisions.

If second lot is worth more sold separately than combined, do revised report. Put clearly on the revised report why you are revising the report.
 
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Which part of post #7 are you amending BCRJC?

"Someone does not totally understand partial release. OP is dealing with someone that may be confused as to what they actually need.

Who cares what the highest and best use of the parcel that will no longer have a lien on it is?

Who cares what the value is?

The appraisal for the release is to value what is left for LTV lien purposes, period.

Sorry for bolded sentences --- could not get them to "unbold"."
 
Which part of post #7 are you amending BCRJC?

"Someone does not totally understand partial release. OP is dealing with someone that may be confused as to what they actually need.

Who cares what the highest and best use of the parcel that will no longer have a lien on it is?

Who cares what the value is?

The appraisal for the release is to value what is left for LTV lien purposes, period.

Sorry for bolded sentences --- could not get them to "unbold"."
It was basically two different appraisals to me. Appraisal one is one site. Appraisal two is adjoining site. However, H&B use comes into play.
 
Which part of post #7 are you amending BCRJC?

"Someone does not totally understand partial release. OP is dealing with someone that may be confused as to what they actually need.

Who cares what the highest and best use of the parcel that will no longer have a lien on it is?

Who cares what the value is?

The appraisal for the release is to value what is left for LTV lien purposes, period.

Sorry for bolded sentences --- could not get them to "unbold"."
My part saying, "someone may not understand what they are asking for."

It is clear after reading the link you posted I was incorrect. Someone does understand what they were asking for and why.
 
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