May 24, 1993

     

     OFFICE OF THE ASSISTANT SECRETARY

     FOR HOUSING-FEDERAL HOUSING COMMISSIONER

                                                          

                                                Mortgagee Letter 93-13

           

TO:  ALL APPROVED MORTGAGEES

           

SUBJECT:  Single Family Loan Production-Energy Efficient Mortgage

            Pilot Program

               

In compliance with Section 513 of the Housing and Community

Development Act of 1992 (Act), HUD is establishing an FHA Energy

Efficient Mortgage (EEM) Pilot Program for existing properties

located in the following states:  Alaska, Arkansas, California,

Vermont and Virginia.  This Pilot Program is effective imme

    

    An EEM recognizes the energy savings of a home that has "cost

    effective" energy saving improvements that increase the energy

    efficiency of a home.  Because the home is energy efficient, the

    family will save on utility costs and thereby can afford to devote

    more of its income to the monthly mortgage payment.  Energy

    efficiency can include both energy saving and active and passive

    solar technologies.

               

Under the FHA EEM Pilot Program, a borrower can finance into

the mortgage 100% of the cost of eligible energy efficient

improvements, subject to certain dollar limitations, without an

appraisal of the energy efficient improvements.  To be eligible for

inclusion into the mortgage, the energy efficient improvements must

be "cost effective," i.e., the total cost of the improvements

(including maintenance costs) must be less than the total present

value of the energy saved over the useful life of the improvements.

The mortgage includes the cost of the energy efficient improvements

in addition to the usual mortgage amount permitted by Regulations.

               

    The detailed program requirements and processing and

    underwriting procedures for the FHA EEM Pilot Program are set forth

    below.

        

        I.     BASIC PROGRAM REQUIREMENTS

               

        A.     Only existing one and two unit properties located in

               the above mentioned States are eligible.  New

               construction is not eligible, nor are three and four

               unit existing properties.

       

       B.   The cost of any improvement to the property that will increase

            the property's energy efficiency and that is determined to be

            "cost effective" is eligible for financing into the mortgage and

            its cost may be added to the mortgage amount up to the greater

            of:

            

            1.    5% of the property's value (not to exceed $8,000) or,

            2.    $4,000.

            

            "Cost effective" means that the total cost of the improvements,

            including any maintenance costs, is less than the total present

            value of the energy saved over the useful life of the energy

            improvement.  The FHA maximum loan limit for the area may be

            exceeded by the cost of the energy efficient improvements.

       

       C.   The cost of the energy improvements (including maintenance costs)

            and the estimate of the energy savings must be determined based

            upon a physical inspection of the property by a home energy

            ratings system (HERS) or energy consultant.

            

            The HERS or energy consultant must be an independent entity, not

            related, directly or indirectly, to the seller of the property or

            the prospective borrower.  The contractor selected by the

            borrower to install the energy efficient improvements may not be

            related, directly or indirectly, to the HERS or energy

            consultant.  The HERS or energy consultant may be:

            

            1.    a utility company or,

            2.    a local, state or Federal government agency or,

            3.    an entity approved by a local, state or Federal government

                     agency specifically for the purpose of providing home

                     energy ratings on residential properties or,

            4.    a non-profit organization experienced in conducting home

                     energy ratings on residential properties.

       

       D.   The home energy rating report prepared by the HERS or energy

            consultant must be a written report provided to the prospective

            borrower and lender and it must contain the following

            information:

            

            1. Address of the property.

            2. Name of the current owner(s) of the property.

            3. Date of the property inspection.

            4. Description of the energy features currently in the

               property.  This must include, at a minimum, a description

               of the insulation R values in ceilings, walls and floors;

               infiltration levels and barriers (caulking,

               weatherstripping and sealing); a description of the windows

               (storm windows, double pane, triple pane etc.) and doors;

               and a description of the heating (including water heating)

               and cooling systems.

            5. Description of the improvements recommended to improve the

                 energy efficiency of the property.

            6. Estimated costs of the energy improvements, their useful

                 life and the costs of any maintenance over the useful life.

            7. Present estimated annual utility costs before installation

                 of the energy efficient improvements.

            8. Estimated annual utility costs after installation of the

                 energy efficient improvements.

            9. Estimated annual savings in utility costs after

                 installation of the energy efficient improvements.

            10.Printed name(s) and signature(s) of the person(s) that

                 inspected the property and prepared the report and the date

                 of preparation of the report.

            11. The following certification, signed by the person(s) who

                 inspected the property and prepared the report, must

                 accompany the report:

                 "I certify, that to the best of my knowledge and belief,

                 the information contained in this report is true and

                 accurate and I understand that the information in this

                 report may be used in connection with an application for an

                 energy efficient mortgage to be insured by the Federal

                 Housing Administration of the United States Department of

                 Housing and Urban Development."

       

       E. A mortgage for the purchase or refinance (including rate

       reduction streamline refinance) of a property to be insured under

       Section 203(b), Section 221(d)(2) or Section 234(c) is eligible

       for this EEM Pilot Program.  For streamline refinance

       transactions, however, lenders are reminded that the borrower's

       monthly payment for principal and interest for the refinance

       mortgage (which will include the cost for the energy efficient

       improvements) must be lower than the monthly principal and

       interest on the current mortgage.

       

       F.   An escrow account may be established for no more than three

       months after loan closing to allow for installation of the energy

       efficient improvements.  The escrow account may be administered

       by the lender, a utility company, a non-profit organization or a

       government agency.  The escrow account must be insured and be

       established at a financial institution supervised by a Federal

       agency.

  

  II.  PROCESSING AND UNDERWRITING REQUIREMENTS

       

       A.   The lender will first process the mortgage loan application and

       qualify the borrower using our standard underwriting requirements

       and qualifying ratios.  If the borrower elects to have an EEM and

       add the cost of the energy efficient improvements to the

       mortgage, the lender must take the following additional steps:

            

       1. The lender must obtain a report prepared by a HERS or

       energy consultant showing the estimated costs of installing

       the energy efficient improvements (including any

       maintenance costs) and the estimated annual savings in

       utility costs that will result from the installation of the

       energy efficient improvements.

            

       2. Using the HERS or energy consultant's report, the lender

       must determine that the energy efficient improvements are

       "cost effective" by calculating the present cost of the

       energy improvements, including maintenance costs, if any,

       over the useful life of the improvements and the present

       value of the energy savings over the useful life of the

       energy improvements.  If the energy efficient improvements

       meet the "cost effective" test, i.e. present cost of

       improvements is less than the present value of the energy

       savings, then the lender may add 100 percent of the cost of

       the energy efficient improvements (subject to the dollar

       limits in paragraph IB, above) to the otherwise allowable

       maximum mortgage amount.  (See Attachment A to this letter

       for examples showing how to make these calculations and

       Attachment B

       to this letter which is an EEM Worksheet that must be used

       to qualify the borrower for the mortgage before adding the

       energy efficient improvements and then to calculate the EEM

       amount.  If the mortgage is an EEM, Attachment B must be

       attached to the Mortgage Credit Worksheet (Form

       HUD-92900WS) when the lender submits the case for insurance

       endorsement).  No appraisal of the energy efficient

       improvements is necessary and the borrower need not meet

       any further credit standards.  If the energy efficient

       improvements meet the "cost effective" test, then the full

       cost of the improvements can be added to the borrower's

       base loan amount without a determination of value and

       without further credit qualification.

            

            3. The lender will calculate the upfront mortgage insurance

            premium on the full mortgage amount (which will include the

            cost of the energy improvements).  Closing can then occur.

       

       B. HUD will insure the mortgage before the energy efficient

       improvements are installed, provided the lender establishes an

       escrow account and deposits to it the funds to pay for the energy

       efficient improvements.  The escrow account shall be for a period

       of no more than 90 days.  If the improvements are not installed

       with 90 days, the lender must apply the funds held in escrow to a

       prepayment of the principal balance of the mortgage.  The escrow

       account may be established by the lender and administered by

       either the lender, a utility company, a non-profit organization

       or a government agency.  However, the lender is responsible for

       assuring HUD that the escrow has been cleared.  Lenders shall

       execute form HUD 92300, Mortgagee Assurance of Completion, to

       indicate that the escrow for the energy efficient improvements

       has been established and the lender, subsequently, is responsible

       for notifying HUD that the improvements have been installed and

       that the escrow has been cleared.  The installation of the

       improvements may be inspected by the lender, the HERS or a HUD

       fee inspector and the borrower may be charged an inspection fee

       in accordance with the local HUD Field Office fee schedule.

       

       C. The lender must include a copy of the home energy rating report

       performed by the HERS or energy consultant in the closing package

       when requesting insurance endorsement.

       

       D. When calculating the borrower's maximum mortgage amount, the

       lender may include as an eligible closing cost, up to $200, the

       cost of the inspection report prepared by the HERS or energy

       consultant.

  

  III.  DISCLOSURE STATEMENT REQUIRED TO BE GIVEN TO ALL

             BORROWERS

        

     The Act requires that all applicable borrowers receive a Disclosure

Statement informing them of the FHA EEM program requirements and the

benefits of an EEM.  Therefore, the attached disclosure statement

(Attachment C to this letter) must be signed and dated by all borrowers at

the time of initial loan application who are either purchasing or

refinancing with FHA mortgage insurance, an existing one or two unit

property in the above five states.  This Disclosure Statement must be given

to all applicants effective for sales contracts (or initial loan

applications for refinance transactions) signed on or after July 1, 1993.

A photocopy of this Disclosure Statement, signed by the borrowers, must be

included in the case binder when the case is submitted to the Field Office

for insurance endorsement.

        

        If you have any questions concerning this Mortgagee Letter, please

     contact the local HUD Field Offices located in the above-mentioned five

     states.

                         Very sincerely yours,

                           Nicolas P. Retsinas

                              Assistant Secretary for Housing

                                 - Federal Housing Commissioner

  Attachments

  _____________________________________________________________________

                       

                       Attachment A

        

        EFFECT ON MORTGAGE AMOUNT OF ENERGY EFFICIENT IMPROVEMENTS

 

 NOTE:  All examples assume the property appraised (not including

     the energy efficient improvements) for an amount equal to or

     exceeding the sales price of the property.  All loan amounts are

     prior to adding HUD's Upfront Mortgage Insurance Premium (UFMIP).

     Calculate maximum mortgage amounts (before adding the cost of

     energy efficient improvements) as presently required by applying

     maximum loan-to-value (LTV) ratios to the mortgage basis, as well

     as by applying the 97.75% (or 98.75 for properties at or below

     $50,000) limitation to the appraised value excluding closing

     costs.  The lower of the two amounts determines HUD's maximum

     insurable mortgage (up to the maximum dollar amount for the area)

     before adding the cost of the energy efficient improvements and

     UFMIP.  Except as noted, no maintenance costs for the energy

     efficient improvements are expected.

  

  Example 1.

         

   The existing property sold for $60,000.  The borrowers wish to

   install $2,000 worth of energy-efficient (EE) improvements that have

   a useful life of 7 years and will save $35 in monthly utility costs.

   The borrowers, closing costs total $1,200, including $200 of the $250

   charge for the HERS inspection report.  The interest rate on the

   mortgage is 8.00%

         $60,000   Sales Price                  $60,000   Ap. Value

           + 1,200   Closing Costs              x97.75%   Max. LTV

           _______                              _______

           $61,200   Mortgage Basis              $58,650  Max Loan

           x97/95%   Maximum Loan-to-Value Ratio

           _______

           $58,640   Loan Amount (before UFMIP)

         $2,000    Installed Cost of EE Improvements

           7 Years   Expected Life of Improvements

           $35       Expected Monthly Savings

           $420      Expected Yearly Savings

           5.206     Present Value Factor (8% Interest Rate @ 7 Years)

           $2,186    EE Premium (5.206PV x $420 Annual Savings)

               

       Since the present value of the energy savings over the expected

       life of the improvements (the EE premium) is greater than the

       installed cost of the improvements, the entire cost of the

       improvements may be added to the mortgage amount (as shown

       below):

                     $58,640     Mortgage Amount from above

                       + 2,000     Installed Cost of EE Items

                       _______

                       $60,640     Mortgage Amount with Installed EE Items

   _____________________________________________________________________

     Example 2.

         

      The existing property sold for $60,000.  The borrowers wish to

      install $3,000 worth of energy-efficient (EE) improvements that have

      a useful life of 10 years and will save $40 in monthly utility costs.

      The borrowers, closing costs total $1,200, including $200 of the $250

      charge for the HERS inspection report.  The interest rate on the

      mortgage is 8.00%

         

         $60,000    Sales Price                       $60,000   Ap. Value

           + 1,200    Closing Costs                     x97.75%   Max. LTV

           _______                                      _______

           $61,200    Mortgage Basis                   $58,650  Max. Loan

           x97/95%    Maximum Loan-to-Value Ratio

           _______

           $58,640    Loan Amount (before UFMIP)

         $3,000     Installed cost of EE Improvements

           10 Years   Expected Life of Improvements

           $40        Expected Monthly Savings

           $480       Expected Yearly Savings

           6.710      Present Value Factor (8% Interest Rate @ 10 Years)

           $3,220     EE Premium (6.710pv x $480 Annual Savings)

                

         Since the present value of the energy savings over the

         expected life of the improvements (the EE premium) is greater

         than the installed cost of the improvements, the entire cost

         of the improvements may be added to the mortgage amount (as

         shown below):

                      $58,640     Mortgage Amount from above

                        + 3,000     Installed cost of EE Items

                        _______

                      $61,640     Mortgage Amount with Installed EE Items

   Example 3.

         

    The existing property sold for $60,000.  The borrowers wish to

    install $2,500 worth of energy-efficient (EE) improvements that have

    a useful life of 7 years and will save $35 in monthly utility costs.

    The borrowers, closing costs total $1,200, including $200 of the $250

    charge for the HERS inspection report.  The interest rate on the

    mortgage is 8.00%

         $60,000    Sales Price                       $60,000   Ap. Value

           + 1,200    Closing Costs                     x97.75%   Max. LTV

           _______                                      _______

           $61,200    Mortgage Basis                   $58,650  Max. Loan

           x97/95%    Maximum Loan-to-Value 

           _______

           $58,640    Loan Amount (before UFMIP)

         $2,500     Installed Cost of EE Improvements

           7 Years    Expected Life of Improvements

           $35        Expected Monthly Savings

           $420       Expected Yearly Savings

           5.206      Present Value Factor (8% Interest Rate @ 7 Years)

           $2,186     EE Premium (5.206PV x $420 Annual Savings)

                

      Since the present value of the energy savings over the

      expected life of the improvements (the EE premium) DO NOT

      exceed the installed cost of the improvements, the cost of the

      improvements are not eligible to be added to the mortgage

      amount.

   _____________________________________________________________________

     Example 4.

          

     The existing property sold for $60,000.  The borrowers wish to

     install $5,000 worth of energy-efficient (EE) improvements that have

     a useful life of 30 years and will save $40 in monthly utility

     costs.  The borrowers, closing costs total $2,500, including $200 of

     the $250 charge for the HERS inspection report.  The interest rate

     on the mortgage is 7.50%

          $60,000    Sales Price                      $60,000   Ap. Value

            + 2,500    Closing Costs                    x97.75%   Max LTV

            _______                                     _______

            $62,500    Mortgage Basis                   *$58,650  Max Loan

            x97/95%    Maximum Loan-to-Value Ratio

            _______

            $59,875    Loan Amount (before UFMIP)

                

                * Because of the 97.75% limitation applied to the appraised

                  value excluding closing costs, the maximum insurable loan

                  before UFMIP is $58,650.

          

          $5,000     Installed Cost of EE Improvements

            30 Years   Expected Life of Improvements

            $40        Expected Monthly Savings

            $480       Expected Yearly Savings

            11.810     Present Value Factor (7.5% Interest @ 30 Years)

            $5,668     EE Premium (11.810PV x $480 Annual Savings)

                

    Since the present value of the energy savings over the

    expected life of the improvements (the EE premium) is greater

    than the installed cost of the improvements, $4,000 of the

    improvements may be added to the mortgage amount (as shown

    below).  Only $4,000 of the improvements may be added to the

    mortgage because of the limit on the amount of EE premium that

    can be added to the mortgage.  See paragraph IB of the

                 Mortgagee Letter:

                       

                       $58,650    Mortgage Amount from above

                         + 4,000    Installed Cost of EE Items

                         _______

                       $62,650    Mortgage Amount with Installed EE Items

   

   Example 5.

          

    The existing property sold for $60,000.  The borrowers wish to

    install $3,000 worth of energy-efficient (EE) improvements that have

    a useful life of 10 years, has average maintenance costs of $25 per

    year, and will save $45 in monthly utility costs.  The borrowers,

    closing costs total $1,200, including $200 of the $250 charge for

    the HERS inspection report.  The interest rate on the mortgage is

    8.00%

          

          $60,000    Sales Price                      $60,000   Ap. Value

            + 1,200    Closing Costs                    x97.75%   Max. LTV

            _______                                     _______

            $61,200    Mortgage Basis                 $58,650  Max. Loan

            x97/95%    Maximum Loan-to-Value Ratio

            _______

            $58,640    Loan Amount (before UFMIP)

          $3,000     Installed Cost of EE Improvements

            10 Years   Expected Life of Improvements

            $45        Expected Monthly Savings

            $515       Expected Yearly Savings ($540-$25 maintenance costs)

            6.710      Present Value Factor (8% Interest Rate @ 10 Years)

            $3,456     EE Premium (6.710PV x $515 Annual Savings)

                

     Since the present value of the energy savings (not of

     maintenance costs) over the expected life of the improvements

     (the EE premium) is greater than the installed cost of the

     improvements, the entire cost of the improvements may be added

     to the mortgage amount (as shown below):

                       

                       $58,640    Mortgage Amount from above

                         + 3,000    Installed Cost of EE Items

                         _______

                       $61,640    Mortgage Amount with Installed EE Items

   _____________________________________________________________________

     Example 6.

          

     The maximum mortgage limit for the area is $151,725.  The existing

     property sold for $155,000.  The borrowers wish to install $10,000

     worth of energy-efficient (EE) improvements that have a useful life

     of 30 years and will save $75 in monthly utility costs.  The

     borrowers, closing costs total $5,000, including $200 of the $500

     charge for the HERS inspection report.  The property was valued at

     $155,000.  The interest rate on the mortgage is 8.00%

          $155,000   Sales Price                      $155,000  Ap. Value

             + 5,000   Closing Costs                     x97.75%  Max LTV

            ________                                    ________

            $160,000   Mortgage Basis                   $151,512

            x97/95/90  Maximum Loan-to-Value Ratio

            ________

            $150,750   Loan Amount (before UFMIP)

          $10,000    Installed Cost of EE Improvements

            30 Years   Expected Life of Improvements

            $75        Expected Monthly Savings

            $900       Expected Yearly Savings

            11.258     Present Value Factor (8% Interest Rate @ 30 Years)

            $10,132    EE Premium (11.258PV x $900 Annual Savings)

                

    Although the present value of the energy savings over the

    expected life of the improvements (the EE premium) is greater

    than the installed cost of the improvements, the amount that

    may be added to the mortgage amount is limited to the lowest

    of the cost of improvements, $8,000 or 5% of the appraised

    value (as shown below):

                      

               $150,750     Mortgage Amount from above

                + 7,750     Lowest of installed cost ($10,000), $8,000

                             limit, or 5% of appraised value of $155

                  ($7,750)

                        ________

                        $158000    Mortgage Amount with Installed EE items

                

     Also note that the mortgage amount permitted exceeds the

     statutory limit for the area of $151,725 because of the amount

     of the EE items.

   

   Example 7.

          

   The existing conventional loan is being refinanced to a HUD-insured

   mortgage.  The borrower owes $60,000 and wishes to install $2,500

   worth of energy-efficient (EE) improvements that have a useful life

   of 10 years and will save $35 in monthly utility costs.  The

   property was appraised for $65,000 and the borrower's closing costs

   including discount points total $2,500, including $200 of the $250

   charge for the HERS inspection report.  The interest rate on the

   mortgage is 8.00%

          

          $60,000   Unpaid Principal Balance          $65,000  Ap. Value

            + 2,500   Closing Costs                     + 2,500  C. Costs

            _______                                     _______

            $62,500   Maximum Mortgage                  $67,500  Mort Basis

                                                          x97/95%  Max LTV

                                                        $64,625  Loan Amount

          $2,500    Installed Cost of EE Improvements

            10 Years  Expected Life of Improvements

            $35       Expected Monthly Savings

            $420      Expected Yearly Savings

            6.710     Present Value Factor (8% Interest Rate @ 10 Years)

            $2,818    EE Premium (6.710PV x $420 Annual Savings)

                

    Since the present value of the energy savings over the

    expected life of the improvements (the EE premium) is greater

    than the installed cost of the improvements, the entire cost

    of the improvements may be added to the mortgage amount (as

    shown below):

                      $62,500     Mortgage Amount from above

                        + 2,500     Installed Cost of EE items

                        _______

                      $65,000     Mortgage Amount with Installed EE Items

   _____________________________________________________________________

     Example 8.

          

     The existing property is being streamline refinanced without an

     appraisal from a 12% interest rate mortgage to a 8% interest rate.

     The borrower owes $60,000 (of an original debt of $61,500) and

     wishes to install $2,500 worth of energy-efficient (EE) improvements

     that have a useful life of 10 years and will save $35 in monthly

     utility costs.

          

          $60,000     Unpaid Principal Balance (Loan excluding MIP cannot

                     exceed this amount; no closing costs may be financed.)

          $2,500    Installed Cost of EE Improvements

            10 Years  Expected Life of Improvements

            $35       Expected Monthly Savings

            $420      Expected Yearly Savings

            6.710     Present Value Factor (8% Interest Rate @ 10 Years)

            $2,818    EE Premium (6.710PV x $420 Annual Savings)

                

    Since the present value of the energy savings over the

    expected life of the improvements (the EE premium) is greater

    than the installed cost of the improvements, the entire cost

    of the improvements may be added to the m