III.A.3.c. Presidentially-Declared Major Disaster Areas (03/14/16)

Owned by Kacey Olson
Nov 25, 2018
5 min read

© HUD Single Family Housing Policy Handbook 4000.1

Included in this section are:

i. Disaster Declarations

ii. Moratorium on Foreclosures

iii. Monitoring of Repairs to Substantially Damaged Homes

iv. Loss Mitigation for Borrowers in PDMDAs

i. Disaster Declarations

Under the Robert T. Stafford Disaster Relief and Emergency Assistance Act, the President has authority to declare a major disaster for any area which has been affected by damage of sufficient severity and magnitude to warrant major disaster assistance. Disaster Declarations and information regarding available federal assistance for each disaster incident are posted on the Federal Emergency Management Agency’s (FEMA) website.

Whenever the President declares a major disaster, the Mortgagee must implement the procedures set forth in this section for each designated area that is eligible for federal disaster assistance.

ii. Moratorium on Foreclosures

(A) Standard FHA-insured Mortgages secured by Properties located in Presidentially-Declared Major Disaster Areas (PDMDA) will be subject to a moratorium on foreclosures following the Disaster Declaration. The foreclosure moratorium is:

  • effective for a 90-Day period beginning on the date of the Disaster Declaration for that area (HUD may communicate further specific guidance for extension of moratorium periods for individual disasters);
  • applicable to the initiation of foreclosures and foreclosures already in process; and
  • considered an additional period of time approved by HUD for the Mortgagee to take loss mitigation action or commence foreclosure.

The Mortgagee may submit a request for an extension to HUD’s foreclosure-related deadlines via HUD’s Extensions and Variances Automated Requests System (EVARS) when prohibited from performing a required activity due to the foreclosure moratorium.

(B) Required Documentation The Mortgagee must retain in its Claim Review File any approved extensions from HUD related to a foreclosure moratorium.

(C) Hazard or Flood Insurance Settlement The Mortgagee must take no action to initiate or complete foreclosure proceedings, after expiration of a disaster-related foreclosure moratorium, if such action will jeopardize the full recovery of a hazard or flood insurance settlement.

iii. Monitoring of Repairs to Substantially Damaged Homes

(A) Definition A building is considered to be “Substantially Damaged,” as defined in the National Flood Insurance Program (NFIP) regulations, when “damage of any origin is sustained by a structure whereby the cost of restoring the structure to its before damaged condition would equal or exceed 50 percent of the market value of the structure before the damage occurred.”

(B) Standard The Mortgagee must take appropriate actions to ensure that repairs to Substantially Damaged Properties comply with the federal building elevation standards, including those established by FEMA. The Mortgagee must ensure compliance with any higher applicable building elevation standard adopted by the state or local government.

iv. Loss Mitigation for Borrowers in PDMDAs

Should Presidentially-Declared Major Disasters adversely impact a Borrower’s ability to make on-time Mortgage Payments, the Mortgagee must provide the Borrower with forbearance and HUD loss mitigation assistance, where appropriate, as provided in applicable FHA policy guidance.

(A) Loss Mitigation Owner-Occupant Requirement The Mortgagees must not deny a Borrower any Loss Mitigation Option solely for failure to occupy a mortgaged Property if the following conditions are met:

  • the mortgaged Property is located within a PDMDA;
  • the dwelling was the Principal Residence of a Borrower immediately prior to the disaster event;
  • a Borrower intends to re-occupy the mortgaged Property upon restoration of the home to habitable condition; and
  • the total accumulated mortgage arrearages have not exceeded the equivalent of 12 months Principal, Interest, Taxes, and Insurance (PITI).

(B) Forbearance Options for Disaster-Affected Borrowers Before considering an affected Borrower for a permanent solution utilizing one of FHA’s Loss Mitigation Home Retention Options, the Mortgagee must first evaluate the Borrower for a forbearance, which allows for one or more periods of reduced or suspended payments without specific terms of repayment. The Mortgagee may offer forbearance relief to a Borrower with a mortgaged Property or place of employment located within a PDMDA as follows.

(1) Informal Forbearance for Borrowers in PDMDAs The Mortgagee may consider Borrowers in PDMDAs for an Informal Forbearance and may offer additional Informal Forbearance periods if the foreclosure moratorium is extended.

(2) Formal Forbearance for Borrowers in PDMDAs The Mortgagee may consider Formal Forbearances for Borrowers in PDMDAs while they are pursuing home repairs and/or resolving verifiable financial difficulties related to the disaster, provided that:

  • the forbearance period does not exceed the estimated time needed to complete home repairs as supported by a contract or repair estimate; and
  • the total accumulated mortgage arrearages during the forbearance period does not exceed the equivalent of 12 months PITI.

(C) Loan Modification without a Financial Evaluation For Borrowers who receive Informal or Formal Forbearances based solely on location of their mortgaged Property or place of employment within a PDMDA, the Mortgagee must offer Rate and Term modifications at the conclusion of the forbearance period based on the following criteria.

(1) Eligibility for Loan Modification without Financial Evaluation The Mortgagee must ensure that Borrowers and their FHA-insured Mortgages meet the following eligibility requirements for a Loan Modification without a financial evaluation:

  • The Mortgage was current or less than 30 Days past due as of the date of the applicable Disaster Declaration.
  • The Mortgagee obtains a Verification of Employment (VOE) confirming that the Borrower’s employment status is the same as prior to the disaster.
  • Home damages have been repaired.
  • The dwelling is owner-occupied.

(2) Terms of the Loan Modification The Mortgagee must modify the Mortgage as follows:

  • The total monthly Mortgage Payment, or PITI, on the modified Mortgage must be less than or equal to the existing payment on the FHA-insured Mortgage.
  • The Borrower must successfully complete a three-month Trial Payment Plan (TPP).
  • The Mortgagee must capitalize into a modified mortgage balance:
    • the accumulated arrearages for unpaid accrued interest; and
    • eligible unreimbursed Mortgagee advances and related fees and costs chargeable to the Mortgage.
  • The Mortgagee waives late fees if the Borrower satisfies all conditions of the TPP.
  • The Mortgagee extends the term of the Mortgage to 360 months from the modification effective date.
  • The Mortgagee sets the interest rate at the Market Rate as defined by HUD.

(D) Required Financial Evaluation for other Loss Mitigation Home Retention Options Following evaluation for and completion of approved forbearances, the Mortgagee must evaluate eligible Borrowers for other Loss Mitigation Home Retention Options.

(1) Borrower Eligibility The Mortgagee must evaluate for other Loss Mitigation Home Retention Options for those Borrowers who meet one of the following criteria:

  • Borrowers who are not eligible for the “Loan Modification without a Financial Evaluation” Option;
  • Borrowers eligible for “Loan Modification without a Financial Evaluation” who are experiencing a continuation of lower income or higher living expenses following the disaster; and
  • Borrowers eligible for “Loan Modification without a Financial Evaluation” who do not successfully complete the required TPP.

Borrowers who do not currently have an increase in living expenses but are Delinquent due to a forbearance received following a Disaster Declaration are deemed to satisfy the eligibility conditions for FHA Loss Mitigation Home Retention Options.

(2) Use of Loan Modification Option The Mortgagee must ensure that the Borrower repairs home damages and occupies the dwelling as an owner-occupant before completing the Loan Modification.

(E) Deeds-in-Lieu of Foreclosure HUD may communicate specific guidance for use of a special Deed-in-Lieu (DIL) of Foreclosure for Mortgages secured by Properties located in a PDMDA.

(F) Suspension of Reporting to Consumer Reporting Agencies The Mortgagee must suspend reporting of delinquencies to consumer reporting agencies for a Borrower who is granted disaster-related Mortgage Payment relief and is otherwise performing as agreed, unless such reporting is required for a Loan Modification.

(G) Waiver of Late Charges The Mortgagee must waive Late Charges as long as the Borrower is on a Forbearance Plan or paying as agreed on a Loss Mitigation Option.