HR 3221, also known as the Foreclosure Prevention Act of 2008, makes several changes that affect potential home buyers. The law goes into effect on October 1, 2008.
This law eliminates the use of certain down payment assistance grants funded indirectly from gifts made out of the proceeds of home sales. This means that if a home buyer doesn't have the ability to make their own down payment from their savings or retirement plan, a family gift, or a loan, that they cannot purchase a home. Most "zero-down" mortgage programs were eliminated at the end of March 2008, and many people have difficulty qualifying for conventional (non-FHA, non-VA) low down-payment loan programs.
Additionally, the law increases the down payment requirement for FHA loans from 3% of the sales price, to 3.5% of the appraised value of the home being purchased. It's therefore possible for a buyer with an FHA loan to be required to put down more than 3.5% of the home's sales price, if the home appraises for more than the sales price.
There are some federally-funded down payment assistance programs for first-time homebuyers, but the income limits in these plans make it difficult for borrowers with the income needed to afford a home in the current market place to use the programs. The same can be said of Rural Housing loan programs, which do not involve a down payment. Many times, the income limits and geographical restrictions of Rural Housing loan programs make them a solution for only a fraction of home buyers.
The law also creates tax credits for first-time homebuyers of 10% of the purchase price of the home, up to $7,500, for sales closed between April 10th, 2008 and July 1st, 2009. There is a "recapture" provision on this credit, however, that may apply if the home is sold or rented out in the first eighteen years after it's purchased.
For up-to-date loan program information, please feel free to call me at 503-362-3533.