FORM RD 2006-46 (Rev. 01-98)

 

U.S. DEPARTMENT OF AGRICULTURE                            MANUAL    ISSUE No.

RURAL DEVELOPMENT                                         WSAL        PN 414

Washington, D.C  20250                                    DATE

                                                                 November 7, 2007

 

PROCEDURE NOTICE

 

 

 

 

RD MANUAL CHANGES

INSERT RD INS 440.1
(WSAL)


Exhibit B, to update the Treasury Judgement Rate and various program rates effective October 1, 2007 and to change a Rural Housing program name.

REMOVE                                INSERT
Exhibit B:  Pages 1 & 2 (Rev 36).    
Exhibit B:  Pages 1 & 2 (Rev 37).
 

 

INSERT RD INS 1951-O
(WSAL)


SERVICING CASES WHERE UNAUTHORIZED LOAN(S) OR OTHER FINANCIAL ASSISTANCE WAS RECEIVED – COMMUNITY AND INSURED BUSINESS PROGRAMS.  Exhibit B is partially revised to update program interest rates, effective October 1, 2007.

REMOVE                                INSERT
Exhibit B:  Pages 3 & 4 (Rev 1).      Exhibit B:  Pages 3 & 4 (Rev 2).

 

 

INSERT RD INS 2006-B
(WSAL)


STATE ISSUANCES.  This Instruction is partially revised to remove the following:

Table of Content, to delete section 2006.72(d);

§ 2006.53(a), colored paper is no longer required as the National Directives are online;

§ 2006.66, “State Supplement” on the National Office Instructions is no longer necessary as the field no longer needs to maintain a master manuals; and

§ 2006.72(b), to include information on obsolete material.

REMOVE                                INSERT
Table of Contents;                    Table of Contents revised 11-07-07;
Pages 1 & 2, 7 & 8 and                Pages 1 & 2 (Rev 1), 7 & 8 (Rev 1) and
9 & 10 (Rev 1).                       9 & 10 (Rev 2).

 

 

RD HANDBOOK CHANGES

INSERT RD HB *
(WSAL)

In the following Handbooks, Appendix 6 is partially revised to include the
October 1, 2007 interest rate for the Above-moderate Single Family Housing
non-program loans.

* Number          Title
HB-1-3550         DIRECT SINGLE FAMILY HOUSING LOANS AND GRANTS FIELD OFFICE
                  HANDBOOK.

HB-2-3550         DIRECT SINGLE FAMILY HOUSING LOANS AND GRANTS CENTRALIZED
                  SERVICING CENTER HANDBOOK.

Table of Contents:

To add Appendix 16.

Chapter 1:

Paragraph 1.9, to incorporate the requirements of RD Instruction 1940-E.  There are three forms of ADR:  Mediation, Administrative Informal Review and Appeals to the National Appeals Division.

Attachments 1-B thru 1-H, to make minor editorial changes and Attachment 1-I is being removed.

Chapter 3:

Paragraph 3.3, to clarify that the pre-qualification process should only be followed when Form RD 410-4, "Uniform Residential Loan Application," has not been received;

Paragraph 3.3 B., to clarify that the Loan Originator may, although is not required, perform the additional credit steps described in paragraph 4.11 at the pre-qualification stage, if Form RD 3550-1, "Authorization to Release Information," has been signed by the applicant;

Paragraph 3.3 D., to make a correction in reference from Loan Approval Summary to Eligibility Summary;

Paragraph 3.6 C., to add a statement regarding the purpose of the processing checklists;

Attachment 3-G, in response to recommendations of streamlining introduced by the "Partners for Successful Homeowners" to 502 processing checklist has been completely revised by changing the format, updating reference numbers, and grouping subject matter in a more consistent manner with the Handbook.  These revisions have reduced the checklist from 10 to 6 pages.  Please make note that the changes that were made to the checklist may or may not be a change to any processing requirement.  You should continue to reference the Handbook when in question about a processing requirement. 

Chapter 4:

Paragraph 4.3 B., to clarify that only advanced tax credits regularly received via the applicant’s employer can be included in repayment income, to add mortgage credit certificates as a tax credit that may be considered when determining repayment income, and to clarify that a self-employed person cannot advance tax credits to themselves;

Paragraph 4.3 D., to add that adoption assistance payments in excess of $480 per adopted child are not considered when determining annual income and to revise the example to make reference to advanced earned income tax credit;

Paragraph 4.3 E.1., to outline the preferred and acceptable verification requirements for advanced tax credits;

Paragraph 4.3 E.2, to remove reference to 90 days and clarify that verifications are valid for 120 days regardless of the work history.

Paragraph 4.12 A., to include a 2-year rental history as part of the residential mortgage credit report (RMCR), to revise that an applicant must have a reliable credit score of 640 or higher on their RMCR to be automatically classified as having an acceptable history, and to state that if the RMCR only contains one score, that a full credit analysis must be completed; and

Paragraph 4.12 B, 4.12 C., 4.13, and 4.24 C., to update the credit score provisions.

Chapter 5:

Paragraph 5.1 B., to clarify that when a property code match is other than a 1 or 2, the Loan Origination should explain and document the discrepancy in the case file running record.

Chapter 8:

Paragraph 8.6 B., to clarify that if prior liens will be present as part of a leveraging strategy, Form RD 1927-8, “Agreement with Prior Lien holder,” must be executed by the lien holder and recorded in the appropriate Real Estate Mortgage Records;

Paragraph 8.6 D., to remove reference to 90 days and clarify that verifications are valid for 120 days regardless of the work history; and

Paragraph 8.10, to clarify that only one Subsidy Repayment Agreement should be executed by the subject borrower for the subject property.  A new agreement should not be competed when extending additional financing (i.e. subsequent loans) to an existing borrower with an active agreement.

Chapter 12:

Paragraph 12.4 B., to correct the reference for the preliminary credit check;

Paragraph 12.8 A., to include Handbook Letters required to send to applicant, as appropriate; and

Attachment 12-C, in response to recommendations of streamlining introduced by the “Partners for Successful Homeowners” the 504 processing checklist has been completely revised.  Changes were made consistent with changes made to Attachment 3-G.  These revisions have reduced the 504 checklist from 8 to 5 pages.  Please make note that the changes that were made to the checklist may or may not be a change to any processing requirement.  You should continue to reference the Handbook when in question about a processing requirement.

Chapter 13:

Paragraph 13.20 C., to make a minor editorial change.


Acronyms:

To add the acronym SBA “Small Business Administration” and NOFA “Notice of Funding Availability.”  Guidance to the field on disasters requires applicants to first make contact with the SBA and other agencies before contacting Rural Development for disaster assistance.  The announcement of the availability of Disaster Relief Funding maybe published in the Federal Register through a NOFA;

To add the acronym CBMC “Community-Based Mediation Center.”

Appendix 16:

This appendix will provide guidance to the field on Disaster Declarations for Sections 502 and 504.

REMOVE                                INSERT
Table of Contents dated 01-23-03:     Table of Contents dated 01-23-03:
  Pages 1 & 2 and 23;                   Pages 1 & 2 and 23 revised;
Chapter 1 dated 01-23-03:             Chapter 1 dated 01-23-03:
  Pages 1-11 & 1-13 and                 Pages 1-11 & 1-12 and
  1-13 thru 1-20                        1-13 thru 1-20 revised,
  Attachments 1-B thru 1-I;             Attachments 1-B thru 1-H revised;
Chapter 3 dated 01-23-03:             Chapter 3 dated 01-23-03:
  Pages 3-1 thru 3-4 and                Pages 3-1 thru 3-4 and
  3-11 & 3-12,                          3-11 & 3-12,
  Attachment 3-G:  Pages 1 thru 10;     Attachment 3-G:  Pages 1 thru 6 revised;
Chapter 4 dated 01-23-03:             Chapter 4 dated 01-23-03:
  Pages 4-11 thru 4-22,                 Pages 4-11 thru 4-22,
  4-47 thru 4-52 and 4-63 & 4-64;       4-47 thru 4-52 and 4-63 & 4-64 revised;
Chapter 5 dated 01-23-03:             Chapter 5 dated 01-23-03:
  Pages 5-1 & 5-2;                      Pages 5-1 & 5-2;
Chapter 8 dated 01-23-03:             Chapter 8 dated 01-23-03:
  Pages 8-9 thru 8-14;                  Pages 8-9 thru 8-14 revised;
Chapter 12 dated 01-23-03:            Chapter 12 dated 01-23-03:
  Pages 12-3 & 12-4 and                 Pages 12-3 & 12-4 revised;
  12-7 & 12-8,                          12-7 & 12-8 revised,
  Attachment 12-C:  Pages 1 thru 8;     Attachment 12-C:  Pages 1 thru 5 revised;
Chapter 13 dated 01-23-03:            Chapter 13 dated 01-23-03:
  Pages 13-35 & 13-36;                  Pages 13-35 & 13-36;
Acronyms dated 01-23-03:              Acronyms dated 01-23-03:
  ALL Pages; and                        Pages 1 thru 4 revised;
Appendix 6 dated 01-23-03:            Appendix 6 dated 01-23-03:
  Pages 3 & 4.                          Pages 3 & 4 revised; and
                                      Appendix 16 added
11-07-07.
                                        Pages 1 thru 7.

 

 

INSERT RD HB-1-3565
(WSAL)

GUARANTEED RURAL RENTAL HOUSING ORIGINATION AND SERVICING HANDBOOK.  This Handbook is partially revised.  Specific revisions include:

Table of Contents:


To reflect the changes in Chapter 5.

Chapter 5:

Paragraph 5.3, to clarify when construction will be discussed, and to change the words “competed” to “completed” and “access” to “assess.”  To add a sentence to the second paragraph to direct readers to permanent only section.

Paragraph 5.5, to clarify when the general contractor should be on the debarment list.

To renumber Exhibit 5-5 to Exhibit 5-2 and to change the title from “Construction Documents That Must Be Submitted for Any Loan Guarantee” to “Credit Quality Requirements for Letters of Credit,” and to remove Exhibit 5-4.

Paragraph 5.10, to move the paragraph, “In addition to the inspections described above...” to a bullet entitled, “Prior to Payment.”

Paragraph 5.11, to clarify when the first annual inspection is done;

Paragraph 5.12, to clarify construction certification;

Paragraph 5.16, to make minor editorial corrections and to add text to the fourth and fifth bullet and to add a new bullet;

Paragraph 5.17, to give guidance on how long retainage amount must be held;

Paragraph 5.18, to explain why contract orders must be approved;

Paragraph 5.19, to add text to the title and to make minor editorial changes;

To renumber “Exhibit 5-6” to “Exhibit 5-3;”

Paragraph 5.21, to add reference 5.16;

Paragraph 5.22, to add reference 5.21;

To add Attachment 5-A.

REMOVE                                INSERT
Table of Contents dated 12-18-98:     Table of Contents dated 12-18-98:
  Pages; 7 & 8; and                     Pages 7 & 8 revised;
Chapter 5 dated 12-18-98:             Chapter 5 dated 12-18-98:
  ALL Pages.                            Pages 5-1 thru 5-14 revised; and
                                        Attachment 5-1 added
11-07-07.

 

 

INSERT RD HB-2-3550
(WSAL)

DIRECT SINGLE FAMILY HOUSING LOANS AND GRANTS CENTRALIZED SERVICING CENTER HANDBOOK.  Specific revisions include:

Table of Contents:

Section 1.7 B., to replace “FASTeller” with “MortgageServ”;

Section 1.9 C., to read “Informal Administrative Review;”

Attachment 1-E, to read “Attachment For Notifying Customs Who Have Requested Mediation of the Assignment of Their Case to:  A USDA-Funded State Mediation Program or a Community-Based Mediation Center or Certified Mediation Provider for Mediation;”

Attachment 1-F, to read “Attachment for Assignment by Rural Development/USDA of a Customer Mediation Request to a Mediation Service Provider;”

Attachment 1-G, to read “Attachment for Notifying Customers of Expiration of the 10 days to Select a Mediation Service Provider;”

Attachment 1-H, to read “Attachment for Customer Notification of Unresolved Result of the Mediation of the Adverse Decision;” and

Attachment 1-I is removed.

Chapter 1:

Paragraph 1.7 B., to remove the reference to “FASTeller” and replace with “MortgageServ”; and

Paragraph 1.9 A., to incorporate the requirement of RD Instruction 1940-E.  There are three forms of Alternative Dispute Resolution (ADR):  Mediation, Administrative Informal Review, Appeals to the National Appeals Division;

Attachments 1-B thru 1-H, to make minor editorial changes and Attachment 1-I is removed.

Chapter 2:

Paragraph 2.23 B., to define “Principal Reduction Attributable to Subsidy” and to remove incorrect verbiage regarding application of subsidy as being interest only after 1990;


Exhibit 2-1, to replace "Principal reduction at subsidized interest rate" with
"Principal Reduction Attributable to Subsidy (PRAS);"

Paragraph 2.23 C.2., to remove two sentences from this section;

Paragraph 2.24, to add the Centralized Servicing Center (CSC) process for handling recapture calculation on loans that payoff without contracting the CSC for a final payoff statement or final installment payment (early payoff);

Paragraph 2.24 B., to add language to state when recapture is calculated and a final payoff is used if the borrower pays off the loan without first contacting CSC;

Paragraph 2.24 B.1., to explain the process of determining market value for purposes of determining recapture when the borrower pays off the loan without first contacting the CSC;

Paragraph 2.24 B.2., to explain the process of informing the borrower of recapture calculation and the interface between the CSC and field office.  Also, to state the number of days the borrower has to pay the recapture and receive a 25% discount;

Paragraph 2.25, clarifies the requirements for approval of a Subordination; and

Paragraph 2.25 A., to amend the number of days that the borrower will have to pay the recapture and receive a 25% discount on accounts that payoff without contacting the CSC for a final payoff statement or final installment payment;

Paragraph 2.25 B., to replace "Final Installment Payment" with "Incentive to Pay Recapture."  Also, to change the number of days the borrower has to pay recapture from 60 to 120 days; and

Paragraph 2.25 C., to remove "Incentive to Pay Recapture".

REMOVE                                INSERT
Table of Contents dated 05-27-98:     Table of Contents dated 05-27-98:
  Pages 1 thru 4;                       Pages 1 thru 4 revised;

Chapter 1 dated 05-27-98:             Chapter 1 dated 05-27-98:
  Pages 1-5 & 1-6, 1-9 & 1-10,          Pages 1-5 & 1-6, 1-9 & 1-10,
  1-13 thru 1-24,                       1-13 thru 1-26 revised,
  Attachment 1-B thru 1-I;              Attachment 1-B thru 1-H revised;
Chapter 2 dated 05-27-98:             Chapter 2 dated 05-27-98:
  Pages 2-29 thru 2-38.                 Pages 2-29 thru 2-38 revised 11-07-07.

 

 

FORM

  REPLACEMENT

RD 449-30
(WSAL)


GUARANTEED LOAN REPORT OF LOSS revised 11-07.  Prescribed in RD Instruction 1980-E and Handbook 2-FLP.  The Form and FMI are revised to include the collection of unpaid annual fees and interest.  Supplies dated prior to the revision date will be disposed of or recycled.  This Form and FMI are available on the Rural Development Instructions home page (http://www.rurdev.usda.gov/regs/).  No paper copy distribution of this form will be made, and it will not be stocked in the warehouse.

REMOVE                              INSERT
FMI dated 04-19-00.                 FMI revised 11-07-07.

  

 

RD 3550-27
(WSAL) 

USDA - RURAL HOUSING SERVICE - SUBSTITUTE PAYMENT COUPON revised 11-07.  Prescribed in RD Handbooks 3550.  The Form and FMI are revised to delete line item #5 and the name on the addressee to be USDA-RD.  The FMI is revised due to all payments are being sent to one financial institution.  Supplies dated prior to the revision date will be disposed of or recycled.  This Form and FMI are available on the Rural Development Instructions home page (http://www.rurdev.usda.gov/regs/).  No paper copy distribution of this form will be made, and it will not be stocked in the warehouse.

REMOVE                              INSERT
FMI dated 12-23-96.                 FMI revised 11-07-07.

 

 

OBSOLETE

RD 3550-26
(WSAL)

USDA - RURAL HOUSING SERVICE - SUBSTITUTE PAYMENT COUPON.  This Form is made obsolete USDA/RD/CSC currently has one retail lockbox to receive payments; therefore, this form is no longer necessary.

 

 

SPECIAL PROCEDURE NOTICES RELEASED:

  SPECIAL PROCEDURE NOTICE dated 10-29-07DISTRIBUTION:  WSAL.
  (Re:  RD Instruction 1951-A, 1951-D, 1951-E, 1951-F, 1951-O, 1955-A, 1955-B,
  1955-C and 1956-C
 

 

ADMINISTRATIVE NOTICES CHECKLIST:
  (See AN Checklist.)

 

 

oOo