III.A.1.l. Mortgage Insurance Termination (03/14/16)

Owned by Kacey Olson
Last updated: Nov 25, 2018
2 min read

© HUD Single Family Housing Policy Handbook 4000.1

Included in this section are:

i. Definition

ii. Standard

i. Definition

A Mortgage Insurance Termination is the ending of FHA Single Family mortgage insurance at which time the Mortgagee’s obligation to remit MIP to HUD ends. Upon termination, the Borrower and Mortgagee will enjoy only those rights, if any, to which they would be entitled under the National Housing Act if the insurance contract terminated as a result of the insured Mortgage being paid in full.

ii. Standard

(A) Termination of Mortgage Insurance HUD terminates the FHA insurance contract as follows:

  • automatically when the Mortgage reaches maturity; or
  • when the Mortgagee reports a termination code, such as:
    • prepayment (Borrower paid the Mortgage in full before the maturity date);
    • use of Home Disposition Option or non-conveyance foreclosure (the Property was acquired by a Mortgagee or third party at a foreclosure sale or was redeemed after foreclosure and no insurance claim or Claim Without Conveyance of Title (CWCOT) will be submitted to HUD);
    • conveyance for insurance benefits; or
    • voluntary termination (both the Mortgagee and Borrower agreed to voluntarily terminate FHA insurance).

The Mortgagee must report termination of a case to HUD via FHAC, Business to Government (B2G), or the Electronic Data Interchange (EDI) within 15 Days of the actual event.

(B) Voluntary Termination of Mortgage Insurance

(1) Definition A Voluntary Termination of Mortgage Insurance is a mutual agreement between the Borrower and the Mortgagee to terminate FHA mortgage insurance.

(2) Standard The Borrower and the Mortgagee may agree to voluntarily terminate FHA mortgage insurance at any time.

(a) Borrower’s Consent to Voluntary Termination The Mortgagee must obtain a signed Borrower’s Consent to Voluntary Termination of FHA Mortgage Insurance from each Borrower on the Mortgage.

(b) Request for Voluntary Termination To request voluntary termination, the Mortgagee must:

  • submit the request for voluntary termination of mortgage insurance via FHAC within 15 Days of receiving the executed Borrower’s Consent form; and
  • certify in FHAC that all Borrowers on the Mortgage have signed the consent form.

(C) Effective Date of Termination

(1) Standard The effective date of termination of the contract of insurance is the last Day of the month in which one of the following occur:

  • the date a voluntary termination request is received by the Commissioner;
  • the date the Mortgage was prepaid; or
  • where the Mortgagee notifies the Commissioner that a claim will not be filed, the date foreclosure proceedings were initiated or the Property was acquired by another party, including the Mortgagee.

(2) Required Documentation The Mortgagee must note in the servicing file and report in FHAC, B2G, or EDI the date on which the voluntary termination request is received by the Commissioner; the date notice is received by the Commissioner that the Mortgage was prepaid; or the date notice is received by the Commissioner that a claim will not be filed, or that the Property will not be conveyed. For FHA-to-FHA refinances, the Mortgagee processing the new refinance must report the projected and actual Closing Date.

(D) MIP Due Until Effective Date of Termination The Mortgagee is obligated to pay MIP due until the effective date of termination.

(E) Escrow Balance Returned to Borrower If no claim for insurance benefits will be filed, the Mortgagee must timely release the funds held in escrow in accordance with federal regulations, including RESPA, after the termination of the FHA-insured Mortgage.