HUD Mortgage Proceeds Disbursement


On Aug. 6, HUD proposed rule on disbursement of mortgage proceeds.


  • HUD published proposed rule on the disbursement of multifamily mortgage proceeds.
  • Proposed Rule
  • Added exception to 24 CFR 200.54(b) that funds provided by mortgagor must be disbursed in full before the disbursement of any proceeds from insured mortgage.
  • Would permit mortgagees, where funds provided by mortgagor are not fully disbursed with initial advance of insured mortgage proceeds, to disburse up to 1% of mortgage.
  • Before requiring that the funds provided by mortgagor be disbursed in full.
  • Allow mortgagee disburse mortgage proceeds at time mortgage is initially endorsed for insurance up to a maximum of 1 percent of the initially endorsed mortgage amount.
  • Alternatively, disburse mortgage proceeds in any amount, monthly basis, consecutive or not, up to maximum 1% of initially endorsed amount, until funds fully disbursed.
  • Proposal Impact
  • Allow mortgagees disburse mortgagor-provided funds for project-related expenses proceeds from insured mortgage at the time the mortgage is initially endorsed.
  • Where mortgagor-provided funds not fully disbursed with initial advance of proceeds.
  • Mortgagees can pool mortgage into Ginnie Mae guaranteed mortgage-backed security (MBS) even when mortgagor-provided funds not fully disbursed with initial advance.
  • Help ensure that interest rates for FHA-insured mortgages remain competitive and ensure the liquidity of FHA-insured mortgages on the secondary mortgage market.
  • Consultation
  • Comments on proposed rule amendments are due by Oct. 7, 2024.
  • Dec. 2024 HUD Final Rule
  • On Dec. 13, 2024, HUD published final rule on mortgage proceeds in federal register.
  • Only minor and non-substantive revisions were made to the proposed rule following public comments, 24 CFR 200.54(b) exception to keep mortgage products competitive.
  • The final rule becomes effective on Jan. 13, 2025.

Regulators HUD
Entity Types Bank; CNSM; Ins; MG Orig; Servicer; Thrift
Reference 89 FR 100739, 12/13/2024; 89 FR 63847, 8/6/2024; Docket No. FR-6423-P-01; RIN 2502-AJ72; Docket No. FR-6423-F-02; Citation: 24 CFR 200.54(b);
Functions Compliance; Financial; Legal; Operations; Product Administration
Countries United States of America
Category
State
Products ABS; Banking; Insurance; Insurance-Property; Mortgage
Regions Am
Rule Type Final
Rule Date 8/6/2024
Effective Date 1/13/2025
Rule Id 222075
Linked to N/A
Reg. Last Update 12/13/2024
Report Section US Banking

Last substantive update on 12/17/2024