Ask the Underwriter: Are DACA recipients eligible for FHA loans?

Ask the Underwriter: Are DACA recipients eligible for FHA loans?

Ask the Underwriter is an everyday column for HousingWire’s new LendingLife e-newsletter, addressing actual questions requested to, and answered by, skilled mortgage underwriter, Dani Hernandez. 

On Wednesday, a federal decide mentioned that the Trump administration’s resolution to terminate the Deferred Motion for Childhood Arrivals, or DACA, program, was primarily based on the “just about unexplained” grounds that this system was “illegal” and dominated that the protections should keep in place and that the federal government should resume accepting new purposes. Beneath Decide Bates’ ruling, until the administration can justify its resolution inside 90 days, the cancellation of this system will likely be rescinded.

That is nice information for the Dreamers! However what does it imply for DACA debtors who want to purchase a brand new house this spring… Have they got to attend one other 90 days?! The reply is NO! Should you learn my article a couple of weeks in the past, you realize that Dreamers are eligible for standard financing via Fannie Mae… however a lot of you’ve requested if DACA recipients are eligible for FHA loans – They’re!

This week I’ll stroll you thru the FHA’s tips and clarify precisely what documentation is required to get your DACA debtors into a brand new house utilizing FHA financing!

FHA Tips:

Handbook 4000.1 II.A.1.b.ii.(A)(8)-(9)

United States (U.S.) citizenship isn’t required for eligibility. The lender should decide the residency standing of the borrower primarily based on info offered on the appliance and different relevant documentation. In no case is a Social Safety card adequate to show immigration or work standing.

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A borrower who’s a non-permanent resident alien could also be eligible offered:

  • the property would be the borrower’s principal residence;
  • the borrower has a legitimate Social Safety Quantity (SSN), apart from these employed by the World Financial institution, a international embassy, or equal employer recognized by HUD;
  • the borrower is eligible to work within the U.S., as evidenced by the Employment Authorization Doc issued by the USCIS; and   
  • the borrower satisfies the identical necessities, phrases and circumstances as these for U.S. residents.  

Doc and Qualify:

DACA Recipients are thought of Non-Everlasting Residents. FHA has 4 primary necessities that non-permanent residents should meet with a view to be eligible for an FHA Mortgage.

  1. The property would be the borrower’s principal residence – FHA solely gives financing for major residences so the topic property should be your borrower’s principal residence.
  2.  The borrower has a legitimate Social Safety Quantity (SSN) – The Lender should validate and doc an SSN for every borrower, co-borrower, or cosigner on the mortgage by:  

 

  1. Getting into the borrower’s identify, date of start, and SSN within the Borrower/Tackle validation display screen via FHA Connection (FHAC); and   
  2. Inspecting the borrower’s authentic pay stubs, W-2 types, legitimate tax returns obtained straight from the IRS, or different doc relied upon to underwrite the mortgage; and  
  3. Resolve any inconsistencies or a number of SSNs for particular person debtors which can be revealed throughout mortgage processing and underwriting utilizing a service supplier to confirm the SSN with the Social Safety Administration (SSA).  

 

  1. The borrower is eligible to work within the U.S., as evidenced by the Employment Authorization Doc issued by the USCIS – The Employment Authorization Doc is required to substantiate work standing.
    1.  If the Employment Authorization Doc will expire inside one yr and a previous historical past of residency standing renewals exists, the lender could assume that continuation will likely be granted.
    2. If there aren’t any prior renewals, the lender should decide the chance of renewal primarily based on info from the USCIS.  
  2. The borrower satisfies the identical necessities, phrases and circumstances as these for U.S. residents – This simply signifies that all the opposite necessities  that apply to a US Citizen, additionally apply to DACA Recipients. Mainly, deal with them such as you would everybody else!
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In case your DACA borrower meets these 4 necessities, they’re eligible for an FHA Mortgage! So, go unfold the excellent news and begin making the American Dream a actuality to your Dreamers, at this time!