Pending AOS and FHA mortage

[Russel1995 163]

My wife received her EAD march 18th, started working mid July.  We decided mid August we want to see options on buying a house and talked to the top loan officer in our state.

 

We informed them of my wifes pending adjustment of status, EAD, SSN and asked if thats fine.  She looked into it and stated all she needs is the EAD, SSN, and enough evidence from USCIS she plans to renew the EAD of which the pending AOS does that.

 

I was curious and also looked into it,  direct quote from FHA guidelines states:

 

"FHA insures mortgages made to non-permanent resident aliens provided that 
the property will be the borrower‟s principal residence borrower has a valid Social Security Number (SSN), and borrower is eligible to work in the United States, as evidenced by an  Employment Authorization Document (EAD) issued by the USCIS. Note: The Social Security card cannot be used as evidence of work status."

 

Great!  We see how much we were pre-approved for, 280k.  We start shopping for a home, found a home, made an offer and pay a $1500 earnest payment, and about $1200 on inspection.

 

Were supposed to close October 28th.

 

Our loan goes to underwriting and I later have an email forwarded to by by my loan officers assistant asking for proof of approved greencard.  The emails she forwarded stated

"We are unable to approve the exception request. Borrowers currently in the process of changing their status. Their current status is pending (C-09P). To proceed, the borrower’s case status must be in approved status."

 

Called the loan officer and she stated she's aware  of what happened and is working on it.  Stated she was going to forward the application to the state since technically we are getting lending from.the state, just applying through her company.  State it is fine as long as FHA approves it.

Exact text from my officer:

"Minnesota housing said they are just fine with it as long as FHA is fine with it. I have an email in the FHA unfortunately there are 36 to 48 hours for turn times on responses I should have something by end of business Monday"

 

Im curious if anyone ever got FHA lending while had you AOS pending?

 

As well, by sounds of it, FHA/HUD handbook states only an EAD and SSN if required for non-permament residents.  Technically my wife would qualify. 🤔

 

 

 

[Lucky2Lucky 2,526]

Just throwing it out there- wouldn’t it have been better to just gotten the LoAn under your name? Surely your credit history is much better then hers, no? Good luck and I hope it works in your favor! House buying is stressful and I’m sure you don’t need this added stress.

[Allovertheworld 355]

11 minutes ago, Luckycuds said:

Just throwing it out there- wouldn’t it have been better to just gotten the LoAn under your name? Surely your credit history is much better then hers, no? Good luck and I hope it works in your favor! House buying is stressful and I’m sure you don’t need this added stress.

My exact thoughts

[Russel1995 163]

22 minutes ago, Luckycuds said:

Just throwing it out there- wouldn’t it have been better to just gotten the LoAn under your name? Surely your credit history is much better then hers, no? Good luck and I hope it works in your favor! House buying is stressful and I’m sure you don’t need this added stress.

We are both applicants on the loan.  And it wouldve been only me if the loan officer stated she wouldn't qualify.  

 

Technically based off the FHA handbook from Hud, she would qualify.

 

I am primary she is co-applicant.  But she has also gained alot of my good credit history due to being added as authorized user for several of my credit cards. Even extends back to before she came to the US. Her credit score is higher than mine as I didnt add her to any account I paid late on in the past. 🤣 

 

Also adding her income to the application brings our gross income up much higher than using just my income.

Edited October 4, 2020 by Russel1995

[Russel1995 163]

Going to update,

 

Loan officer got the approval from FHA directly and resent it to her incompany risk managers.  Approved.