The FHA mortgage lenders must include monthly payments on contingent liabilities in the calculation of the FHA mortgage applicant monthly obligations unless:
• the FHA mortgage lenders verifies and documents that there is no possibility that the debt holder will pursue debt collection against the FHA mortgage applicant should the other party default; or
• the other legally obligated party has made 12 months of timely payments and does not have a history of delinquent payments on the loan.
FHA MORTGAGE LENDERS REQUIRED DOCUMENTATION
• Mortgage Assumptions – The FHA mortgage lenders must obtain the agreement creating the contingent liability or assumption agreement and deed showing transfer of title out of the FHA mortgage applicant name i.e., a release of liability.
• Cosigned Liabilities – If the cosigned liability is not included in the monthly obligation, the FHA mortgage lenders must obtain documentation to evidence that the other party to the debt has been making regular on-time payments during the previous 12 months.
• Court Ordered Divorce Decree – The FHA mortgage lenders must obtain a copy of the divorce decree ordering the spouse to make payments.