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Q: Is DpFunder affected by the rule
eliminating Down Payment Assistance programs?
A: NO!
DpFunder is an earned income program and not a gift
program. We sign up dealers that sell memberships
and earn a commission that can be used for anything
including the downpayment on a home. HUD recognizes
earned income in their published rule. Click to see
the rule language.
Click Here To See
HUD's Opinion On EIP
Q: I just found a program that
is similar but it appears "cheaper and easier" for my
seller. Why should I use your program?
A: As a real estate professional or
mortgage lender, you are responsible for insuring that a
program is legal. If the seller of a property is receiving nothing of value for
the fee being paid, then it is probably fraud.
If the buyer is receiving a commission for not actually
doing anything then it is also probably fraud.
The
laws surrounding federal mortgage fraud provide for severe
penalties, including large fines and imprisonment.
You, as a real estate professional, do not want to be a
party to fraud. The
Owners Alliance is a real association that provides real and
substantial benefits. This
is not merely a "back door" method to pass money from the seller to
the buyer.
The primary goal of DpFunder is to
increase the membership of Owners Alliance, not to provide down
payments to borrowers. We
have simply found, that by promoting this program to property
buyers, it is the fastest and most effective way we can grow
the membership of Owners Alliance.
Do
not be fooled by a
"cheaper and easier" knock-off of our program.
Check it out thoroughly before doing a transaction with
them.
Q: Why is this not considered a "seller concession"?
A: There are several reasons why this is
not a seller concession.
We are not parties to the transaction.
This is completely outside the real estate transaction.
We sell memberships to the Owners Alliance, a real and
valuable benefit to any property owner.
Anyone can be a Dealer and anyone can sell association
memberships. This
is very similar to a real estate agent using his commission at
closing as a down payment.
Sellers are not paying money to be passed
through to the borrower, like in non-profit gift programs.
Sellers are buying a membership for their property in
the Owners Alliance. This
is no different than a borrower asking for a warranty to be
purchased on a home they are buying.
Q:
Can't I just use a seller concession to cover the buyer's
down payment?
A:
No. Typically, a
seller concession can be used to subsidize a buyer's closing
costs, but can not be used for the down payment.
Q. What benefit does Owners
Alliance give to property owners?
A. The Owners Alliance provides discounts
and rebates on a continually growing variety of products and
services. In addition, Owners Alliance is located in Washington DC and
gives property owners a voice at our nation's capitol.
Q. What type of mortgages can be
used with the DpFunder program?
A. All kinds of mortgage loans. Ordinary conventional loans, commercial loans, government
loans, sub-prime, non-conforming and private loans will work
with DpFunder. There
are no restrictions on a buyer using earned income for their
down payments.
Q. Why is the DpFunder program
not a party to the "sale" or transaction?
A. Global Direct Sales provides
management and marketing of the DpFunder program for Owners
Alliance. Global Direct Sales, LLC pays a commission to our
dealers who sell an Owners Alliance membership. This is earned
income and the dealer can use those funds for whatever they
please.
Q. Do I have to use the
commission to buy the property?
A. No. Once the property owner completes
enrollment, you will have earned your commission which you can
use any way you please.
Q. Do I have to pay taxes on the
commission?
A. Yes, these funds are earned income and
the dealer will receive a 1099 and will be responsible for all
taxes. Please consult a tax adviser.
Q. My lender requires proof and
source of funds. How do I do this as a dealer?
A. As a dealer, you will receive a
paycheck stub and commission statement. These can be used as proof
and source of funds. A VOD (verification of deposit) can
be provided by the bank.
Q:
What language should I use in a sales contract addendum, if
I want a home seller to purchase an Owners Alliance
membership?
A:
When a buyer makes an offer to purchase a home, they may
include the following language as a contingency:
The
seller hereby agrees to enroll the above mentioned property
into the Owners Alliance _____________ (Diamond, Emerald or
Ruby) program.
Q. Can I earn more than one
commission?
A. Yes. Once you are a dealer you can
sign up as many members as you please and receive the same
commission structure.
Q. How long does it take to
process?
A. We can complete the process in about a
day but the lender usually requires more time to verify funds.
Q: What does the property owner
really get by joining?
A: Depending on the program, the seller
gets to enroll his property into a three, five or ten year
membership in the Owners Alliance. Owners Alliance is a
defender of property owner's rights and provides a bundle of
savings programs to property owners.
The membership conveys with a property.
Therefore, a member property should be worth
substantially more, than an identical non-member property.
The property owner can
advertise his property as being an Owners Alliance member
property. The
savings offered by membership should appeal to a larger pool
of property buyers. This
advantage should allow Owners Alliance properties to sell
faster than non-member properties.
Q: Can DpFunder only be used on
loans that allow non-seasoned funds?
A: No, buyers can use earned funds on any
kind of mortgage product.
Seasoning is required for savings or other funds.
Seasoning is never required on a borrower's paycheck.
As a Dealer for DpFunder the buyer
will receive a commission for selling memberships to the
Owners Alliance. This is earned income. The
Dealer will receive a pay stub and at the end of the year
receive a 1099. This
is taxable income to the Dealer.
Q: How is this different from the
Nehemiah, AmeriDream or Neighborhood Gold "Gift" programs?
A: We are not "gifting" funds to homebuyers. We are
simply paying commissions to our Dealers.
Conventional loan lenders consider any fee being paid
to a non-profit, that provides the home buyer a gift, as a
seller concession.
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