Cracking the Code: Understanding FHA Identity of Interest
"This article explains the complexities of FHA identity of interest rules for real estate buyers and sellers. Learn how to properly approach these regulations and close your deal the right way!"
Cracking the Code: Understanding FHA Identity of Interest
FHA identity of interest guidelines are a set of regulations issued by the Federal Housing Administration, designed with the goal of preventing fraud within the insured mortgage market. These guidelines specify when two or more individuals or entities have a vested interest in the outcome of a loan transaction, which requires all parties (often a seller and a buyer of a mortgaged property) to disclose their relationships, or an identity of interest.
The most common informational disclosure is the lender's buyer and faith requirements. This requirement states that the lender must disclose that the buyer is related to or have an identity of interest with the person whose name appears in the loan document in any capacity other than that of a borrower. This includes family members, employers, business associates, etc.
The purpose of this regulation is to ensure that the loan is being used for its intended purpose, and that all parties are treating the transaction in a fair and ethical way. For example, it prevents buyers from taking out a loan with their family members as cosigners, or for the purpose of allowing the family member to benefit financially. These rules also protect borrowers by ensuring that they aren't being taken advantage of by dishonest lenders.
The FHA also has other identity of interest rules which set out the types of parties and transactions that must be disclosed. These include:
- Buyer and seller related by blood, adoption, marriage, or other familial relationship;
- Buyer and seller affiliated by business, investment, or other economic interests;
- Buyer, seller, and lender related by blood, adoption, marriage, or other familial relationship; and other transactions that may not be apparent.
In general, any transaction in which the two or more parties are financially connected in any way must be disclosed. However, not all identity of interest transactions are prohibited. Transactions between family members, like a sale between parent and child, can be permissible with the right disclosures.
The FHA identity of interest rules are essential for protecting both buyers and lenders from unethical practices in the mortgage loan process. Familiarizing yourself with these regulations can help you avoid costly mistakes when buying or refinancing a home.