§ 206.53 - Refinancing a HECM loan.

§ 206.53 RefinancingsRefinancing a HECM loan.

(a) General. This section implements section 255(k) of NHA. Except as otherwise provided in this section, all requirements applicable to the insurance of home equity conversion mortgages HECMs under this part apply to the insurance of refinancings under this section. HUD refinanced HECMs. FHA may, upon application by a mortgagee, insure any mortgage given to refinance an existing home equity conversion mortgage HECM insured under this part, including loans assigned to the Secretary Commissioner as described in § 206.107(a)(1) and § 206.121(b) under this part.

(b) Definition of “total cost of the refinancingrefinancing”.” For purposes of paragraphs (cd) and (de) of this section, the term “total cost of the refinancing” means the sum of the allowable charges and fees permitted under § 206.31 and the initial MIP described in § 206.105(a) and paragraph (c) of this section.

(c) Initial MIP limit.

(1) The initial MIP paid by the mortgagee pursuant to § 206.105(a) shall not exceed

two

the difference between: three percent of the increase in the maximum claim amount

(i.e., the difference between the maximum claim amount for the new home equity conversion mortgage and the maximum claim amount for the existing home equity conversion mortgage that is being refinanced).

(

for the new HECM, minus the amount of the initial MIP already charged and paid by the borrower for the existing HECM that is being refinanced. No refunds will be given if the initial MIP paid on the existing HECM exceeds the initial MIP due on the new HECM.

(2) The HECM refinance authority is only applicable when the property that serves as collateral for the FHA-insured mortgage remains the same.

(3) Existing HECM borrowers refinancing an existing HECM are eligible for a MIP reduction under the conditions of this section, but existing HECM borrowers who participate in a HECM for Purchase transaction are ineligible for a reduction in the initial MIP.

(d) Anti-churning disclosure -

(1) Contents of anti-churning disclosure. In addition to providing the required disclosures under § 206.43, the mortgagee shall provide to the mortgagor borrower its best estimate of:

(i) The total cost of the refinancing to the mortgagorborrower; and

(ii) The increase in the mortgagorborrower's principal limit as measured by the estimated initial principal limit on the mortgage to be insured less the current principal limit on the home equity conversion mortgage HECM that is being refinanced under this section.

(2) Timing of anti-churning disclosure. The mortgagee shall provide the anti-churning disclosure concurrently with the disclosures required under § 206.43.

(e) Waiver of counseling requirement. The mortgagor borrower and any Non-Borrowing Spouse may elect not to receive counseling under § 206.41, but only if:

(1) The mortgagor original HECM was assigned a Case Number on or after August 4, 2014, and the borrower and Non-Borrowing Spouse, if applicable, received counseling required under § 206.41; or where the original HECM was assigned a Case Number prior to August 4, 2014, and there is no applicable Non-Borrowing Spouse.

(2) The borrower has received the anti-churning disclosure required under paragraph (d) of this section.

(

2

3) The increase in the

mortgagor

borrower's principal limit (as provided in the anti-churning disclosure) exceeds the total cost of the refinancing by an amount established by the

Secretary

Commissioner through Federal Register notice.

HUD

FHA may periodically update this amount through publication of a notice in the Federal Register. Publication of any such revised amount will occur at least 30 days before the revision becomes effective.

(

3

4) The time between the date of the closing on the original

home equity conversion mortgage

HECM and the date of the application for refinancing under this section does not exceed five years (even if less than five years have passed since a previous refinancing under this section).

[69 FR 15591, Mar. 25, 2004, as amended at 73 FR 1436, Jan. 8, 2008]