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Also called an \u201cEscape Clause,\u201d the FHA amendatory clause is a disclosure that gives FHA homebuyers extra protection to cancel a transaction and receive a refund of any upfront earnest money if the value of the home is below the agreed-upon sales price.
Section 203(b)(2) of the National Housing Act requires a disclosure to assist borrowers in comparing the costs of a FHA-insured mortgage versus similar conventional mortgages. This disclosure must be given to prospective borrowers that may qualify for both FHA-insured financing and a conventional mortgage product.
Report Ad. The FHA amendatory clause (also known as just the amendatory clause) is a legal document signed by parties to a real estate transaction along with their real estate agents or broker agreeing that the buyer can get out of the deal of the property is appraised for less than the sales price.
0:10 2:44 Understanding the VA Amendment to Contract - YouTube YouTube Start of suggested clip End of suggested clip This key document is required on all VA purchases. The amendment to contract contingency protectsMoreThis key document is required on all VA purchases. The amendment to contract contingency protects the VA buyers earnest money if they walk away from a deal because the appraised.
Page four of the Addendum must be signed by the borrower at closing. The underwriter must have the final Addendum and URLA before underwriting the loan application, whether or not the borrower signs it.
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The buyer, co-buyer (if applicable), seller, buyer's agent, and seller's agent are all required to sign the FHA amendatory clause before the lender performs the necessary appraisal on the home. It's required that each party involved sign the clause for the deal to go through.
The reason the FHA and VA require the Amendatory/Escape Clause is to protect the buyer against a low appraisal. In other words, if the appraised value is lower than the agreed upon purchase price, the seller cannot require the buyer to purchase the home.
An FHA Amendatory clause allows the buyer to back out of the sale, without any financial penalty, if the price listed in the sales contract is higher than the appraisal determines the property is worth.

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