What Happened?
On March 26, 2025, the U.S. Department of Housing and Urban Development (HUD or the Department) issued Mortgagee Letter 2025-09 (ML 2025-09), which updates HUD’s residency requirements for borrower eligibility for mortgages insured by the Federal Housing Administration (FHA). The provisions of ML 2025-09 apply to all FHA Title II Single Family forward and Home Equity Conversion Mortgage (HECM) programs.
HUD indicated that it issued its updated residency requirements in response to (and to align with) recent executive actions by the President “that emphasize the prioritization of federal resources to protect the financial interests of American citizens and ensure the integrity of government-insured loan programs.” The Department stated that “[c]urrently, non-permanent residents are subject to immigration laws that can affect their ability to remain legally in the country,” which “poses a challenge for FHA as the ability to fulfill long-term financial obligations depends on stable residency and employment.” The update “ensures that FHA’s mortgage insurance programs are administered in accordance with [the Trump] Administration[’s] priorities while fulfilling its mission of providing access to homeownership.”
The provisions of ML 2025-09 may be implemented immediately but are required to be implemented for all FHA-insured mortgages with case numbers assigned on or after May 25, 2025.
Why Does it Matter?
ML 2025-09 removes the Non-permanent Resident sections of the FHA Single Family Housing Policy Handbook 4000.1 (the Handbook), in its entirety, eliminating eligibility for non-permanent resident borrowers, and updating the requirements for permanent residents in the following sections of the Handbook:
- Residency Requirements (II.A.1.b.ii(A)(9));
- Residency Requirements (II.B.2.b.ii(A)(4));
- Non-credit Qualifying Exemptions (II.A.8.d.vi(C)(1)(a)); and
- Special Documentation and Procedures for Non-credit Qualifying Streamline Refinances (II.A.8.d.vi(C)(5)(b)).
The mortgagee letter clarifies that the burden is on the lender to “determine the residency status of the borrower based on information provided on the mortgage application and other applicable documentation” and notes that a Social Security card is insufficient to prove immigration or work status. Rather, “[t]he U.S. Citizenship and Immigration Services (USCIS) within the Department of Homeland Security provides evidence of lawful permanent resident status.”
In addition to limiting eligibility to U.S. citizens and lawful permanent U.S. residents, ML 2025-09 clarifies that a borrower with citizenship in the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau may also be eligible for FHA-insured financing provided the borrower satisfies the same requirements, terms, and conditions as those for U.S. citizens, and the mortgage file includes evidence of such citizenship.
Under the revised guidance, individuals who may be eligible for FHA-insured loans with case numbers assigned on or after May 25, 2025 are limited to (1) U.S. citizens, (2) lawful permanent U.S. residents, and (3) citizens of the Federated States of Micronesia, the Republic of the Marshall Islands, or the Republic of Palau.
Notably, because ML 2025-09 applies prospectively to FHA-insured mortgages with a case number assigned on or after May 25, 2025, the revised requirements would not appear to impact the servicing of existing FHA-insured mortgages made to non-permanent residents, such as the availability of loss mitigation assistance.
What Do I Need to Do?
FHA-approved mortgage lenders should review their policies, procedures, and controls and make any necessary updates to implement the requirements of ML 2025-09 for all FHA-insured mortgages that will have a case number assigned on or after May 25, 2025. Alston & Bird’s Consumer Financial Services Team is actively engaged and monitoring these developments and can assist with any compliance concerns regarding these changes to HUD requirements.
