There’s always something to howl about.

Down Payment Gift Programs: Yea or Nay?

On June 9th, in a speech to the National Press Club, FHA Commissioner Brian D. Montgomery announced that his agency plans to create new regulations banning the use of down payment gift programs.  The most popular of these programs is The Nehemiah Program and you can go to their site for more details, but the gist is this: seller contributes 3.5% to this charitable organization, which then contributes 3% to the buyers purchase, serving as their FHA downpayment.  Appears to be a win-win: the seller gets their home sold, the buyer gets into a home with no money down and a charity gets .5% for helping.  The problem, according to Montgomery, is that loans using this type of problem are defaulting at two and three times the rate of their traditional down payment loans.

There is no question that this type of program gets more people into homes than would otherwise be possible.  But… what of the ethics?  Although legal and within the bounds of FHA’s current guidelines, is there any question that this type of program also eviscerates the very spirit of the guidelines?  FHA allows charitable gifts with the understanding that there is an implied vouching for the client.  Whether it be family, employers or a city program, the idea is that the donor has some knowledge, purpose or interest in seeing the buyer succeed.  But with the down payment gift programs, the donor is the seller and their only interest is in selling their home.  (In fact, at times the home’s value is inflated to cover the 3.5% donation creating a circular interest of the buyer for the buyer.)

A down payment gives the buyer some “skin in the game” and creates within lenders a sense that the buyer won’t walk away at the first sign of trouble (which sense was confirmed as we watched homeowner after homeowner walk away from their mortgage recently when there was no equity to protect – not an ethical consideration, purely business).  Without downpayments, rates would climb to cover the inherent risk.  Maybe that type of loan will come back once the risk can be assessed, but don’t hold your breath.

So here’s the question: how do we, as agents and originators, stand on the issue of down payment gift programs?  Their existence has the potential to generate for us more business and therefore more income; does that outweigh their “spirit of the law” contempt?  More homeowners get into homes because of these programs than those who go into foreclosure.  Does that fact justify these types of programs?  More foreclosures due to the fact that the homeowner has no skin in the game leads to increased rates on mortgages.  Should the FHA ban them for this reason?

Can we divorce ourselves from our income goals and evaluate something from purely an ethics viewpoint?  If you agree that these programs are a laugh and a wink at the guidelines, can you justify using them?  If you don’ agree on the salaciousness of these programs, why not?