25 Miss. Code. R. 202-1.2 - Conditions
The Board shall consider, on a case by case basis, refinancing of loans under the following conditions:
A. If a veteran has a temporary loan
originally made for the purpose of acquiring the house. (The Board has defined
a temporary loan as a loan with an initial term of three years or
less. Balloon notes with an initial balloon date of Seven (7)
years or less may be considered a temporary loan provided that it can be
determined that the intent of this loan is temporary due to construction,
repairs, the lack of available permanent financing or other such verifiable
reason.)
B. If a veteran has
a loan in place with a variable rate of interest, terms or payments,
and the loan was made with temporary intent. If such loans have a
pre-payment penalty, the Board will construe that the lender has an objection
to an early payoff and that the loan was not made with temporary
intent.
C. If a veteran is
experiencing a hardship due to no fault of his or her own, and is in jeopardy
of losing his or her home, and the refinancing will help prevent the loss of
the home. A case of this nature is to be reviewed by the Board on a
case-by-case basis. If the loan securing the home has a prepayment clause, the
Board will ascertain the benefit of an early payoff of the loan on a
case-by-case basis. Any prepayment penalty and /or closing costs may be
included in the new loan amount financed subject to VA rules and regulations
regarding refinancing.
D. If a
veteran has obtained a construction loan in order to build a house. The
Veteran's Home Purchase Board may pay off any loans or liens pertaining to the
land or construction of the house once the house is completed and as long as
the loan is not a permanent loan. This is subject to VA rules and
regulations.
E. When it is
determined by the Board of Directors of the VHPB that due to the state of the
economy, the mortgage market or other reason or condition that may have an
adverse effect on the trust fund or present mortgage customers, the Board may
at its discretion allow for the refinance of portfolio loans provided the
following:
1. Funds are available to the Board
from the issuance of its notes or bonds in amounts in excess of the funds
required for applicants on a waiting list for their first loan from the
Board.
2. The veteran has an
outstanding mortgage or mortgages (one must be with this agency) on the
property to be refinanced.
3. The
refinanced loan must comply with the Department of Veterans Affairs guaranteed
loan program guidelines for refinance.
4. The refinance loan shall be limited to the
payoff of the existing mortgages plus the closing costs of the transaction and
further limited to eighty percent (80%) of the property value or amount of the
Department of Veterans Affairs guaranty available on the refinance loan not to
exceed the Agency's limits.
5. The
Board may establish interest rates, terms and conditions on refinance loans
which may differ from original loans made by the board.
6. The loan or loans to be refinanced must
have a payment record of no payments thirty (30) days late for the past 24
months.
7. A second mortgage held
by another lender will be allowed to subordinate to our first mortgage on a
case by case basis.
In all of the above cases, the Board shall ascertain that the veteran has not obtained and continued any form of temporary financing for the purpose of waiting for financing by the Board when he could have previously obtained adequate permanent financing.
Notes
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