After 2 weeks why can't lender give me lock rate quote? Says secondary market guidelines in the way

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First off we are in SoCal, have excellent credit scores and are trying to use the city Down Payment Assistance program to purchase our first home. Everything seems squared away w/ the DPA. The DPA grants up 25% (max $50k) but requires the buyer to come in w/ 3.5%; however that can be put towards closing if wanted. Lender said that wasn’t an option as banks wouldn’t allow it, Fine, no biggie, 3.5% goes as down and we cover closing too. We were approved through them for this set up 25%-city, 3.5% buyer, 71.5% first lender on a $200k purchase. Finally find property, opened escrow 8/1 w/ closing date 8/31. Contacted lender about potentially locking on 8/2, before jobs report came out. She checks & says secondary guidelines have changed and they want buyer for 5%. She is attempting to get an exemption as we were already approved with original guidelines, but it is taking for ever and the rates keep going up w/ still no approved rate to lock.
Is this normal, or sound possible, for DPA loans in the secondary market?
Do we have anyother option other than to wait this out as we are so close to the closing date? Prognosis for my situation? THANK YOU FOR ANY INPUT!


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You do not say what type of first lien loan for which you are applying. I would presume it is either FHA or conventional (Fannie Mae/Freddie Mac guidelines). You also say that the Down Payment Assistance Program (DPA) that you have been approved for is a grant. It may be a grant, i.e. the city gives you the DPA, or it may be a second lien on the property, referred to as a Community Second by Fannie Mae.

Usually the DPAs cities provide are silent seconds. With a silent second there are no payments required, but if you sell the property or no longer owner occupy it then you must pay off any unforgiven portion of the balance of the DPA.

Both FHA and conventional guidelines allow for DPA funds from a government source to be used as down payment and closing costs. There is no requirement for the borrower to provide any of their own funds. So if the city requires 3.5%, then that should be the only requirement. There have been no recent change of secondary market guidelines, either FHA or conventional, from 3.5% to 5% required borrower contributions from their own funds in this situation.

It may be that the loan officer you are working with does not have a very clear idea of the underwriting guidelines for either FHA or conventional when combined with a governmental DPA program.

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Answered 9 months ago
Harlan Cooper
649 3

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THANKS, We are trying to go conventional and the DPA is a silent second w/ no payments for 30 years or untill you sell the house.

That is the strange thing because the lender has been very knowlegdable through the whole process and even she is confused what is taking so long right now.

I guess now they are saying that the loan to value ratio is too high

Thx

updated 9 months ago
bob jones
4 2
Answered 9 months ago
bob jones
4 2

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