Self-employed Borrowers applying for FHA insured mortgages have many misconceptions about the approval requirements and frequently fail to understand why some of the guidelines exist.
Here are the FHA guidelines for self-employed borrowers:
Who is considered self-employed?
A borrower with a 25% or greater ownership interest in a business is considered self employed for FHA loan underwriting purposes. This includes anyone who receives a 1099 form even if you report to a particular place of employment every day. Many independent contractors mistakenly don’t consider themselves self-employed.
How long does a borrower have to be self-employed to count as effective income?
Most new businesses fail within the first two years and a huge percentage of the one’s that survive the first two years fail within the next two years. FHA tends to be lenient so income from self employment is considered stable and effective, if the borrower has been self employed for two or more years.
When a borrower has been self employed between 1 year and 2 years, in order to be eligible for a mortgage loan, the borrower must have at least two years of documented previous successful employment in the line of work in which he/she is self employed, or in a related occupation. Keep in mind that this is still up to the judgment of the underwriter. After all, doing the work for someone else’s business is not the same as running the entire business.
A combination of one year of employment and formal education or training in the line of work in which the individual is self employed or in a related occupation is also acceptable. Again, the underwriter has discretion in this area.
In addition, in both cases individual lenders may adhere to stricter guidelines in both cases.
Less than one year of self employment is not ever considered effective income.
What is required to verify self-employed income?
For income verification, self-employed borrowers must provide:
- signed, dated individual tax returns, with all applicable tax schedules for the most recent two years
- for a corporation, “S” corporation, or partnership, signed copies of Federal business income tax returns for the last two years, with all applicable tax schedules
- a year-to-date profit and loss (P&L) statement and balance sheet, and
- a business credit report for corporations and “S” corporations.
TOTAL Scorecard Accept/Approve Recommendation (Automated Approvals)
If the Technology Open To Approved Lenders (TOTAL) Scorecard returns an Accept/Approve recommendation, the borrower is not required to provide business tax returns if all of the following conditions are met:
- individual Federal income tax returns show increasing self employed income over the past two years
- funds to close are not coming from business accounts, and
- the proposed FHA-insured mortgage is not a cash out refinance.
Note: A business credit report for a corporation or “S” corporation is not required if the loan receives a TOTAL Scorecard Accept/Approve recommendation.
VERY IMPORTANT: When qualifying a self employed borrower for a mortgage loan, the lender must establish the borrower’s earnings trend from the previous two years using the borrower’s tax returns.
If a borrower:
- provides quarterly tax returns, the income analysis may include income through the period covered by the tax filings, or
- is not subject to quarterly tax returns, or does not file them, then the income shown on the P&L statement may be included in the analysis, provided the income stream based on the P&L is consistent with the previous years’ earnings.
If the P&L statements submitted for the current year show an income stream considerably greater than what is supported by the previous year’s tax returns, the lender must base the income analysis solely on the income verified through the tax returns.
If the borrower’s earnings trend for the previous two years is downward and the most recent tax return or P&L is less than the prior year’s tax return, the borrower’s most recent year’s tax return or P&L must be used to calculate his/her income.
For the self employed borrower, the TOTAL Scorecard Accept/Approve recommendation does not require a P&L and balance sheet be provided, unless the income used to qualify the borrower exceeds that of the two-year average, based on tax returns. In such a case, either an audited P&L statement, or signed quarterly tax return is used to support the greater income stream.
The TOTAL Scorecard Refer recommendation requires a P&L and balance sheet, or income information directly from the IRS if both of the following conditions exist:
- more than seven months have elapsed since the business tax year’s ending date, and
- income to the self-employed borrower from each individual business is greater than 5% of his/her stable monthly income.
Analyzing the Business’s Financial Strength: To determine if the borrower’s business is expected to generate sufficient income for his/her needs, the lender must carefully analyze the business’s financial strength, including the
- source of the business’s income
- general economic outlook for similar businesses in the area.
Annual earnings that are stable or increasing are acceptable, while businesses that show a significant decline in income over the analysis period are not acceptable, even if the current income and debt ratios meet FHA guidelines.
In the next installment we will cover the guidelines the underwriter must follow in analyzing the borrower’s income.