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Multifamily Document Reform Implementation Frequently Asked Questions

Surveyor's Report and Instructions

If you have a question related to this document, please submit it to MultifamilyDocumentReview@hud.gov.

  

  1. Some surveyors interpret the 2011 ALTA/ACSM Minimum Standard Detail Requirement to prohibit them from including the HUD certification on the survey itself as required by HUD-92457A-M, HUD Survey Instructions and Report. In the case at issue, the surveyor has refused to include the HUD certification on the survey and has requested permission to include it on a separate sheet of paper. Although Section 7 of the 2011 ALTA/ACSM Minimum Standard of Detail Requirements states that surveyors may not alter the ALTA/ACSM required certification, that section references Section 3(B), which acknowledges that there may be additional federal statutes and administrative rules that surveyors must follow. A lender's attorney mentioned two HUD field offices that permitted the surveyor to make the certification on a separate sheet of paper, however our office has not permitted this change in the past. Can you please clarify this issue?

 

  1. 8/21/2013
    The 2013 Closing Guide at section 3.2D1 provides "Note that the Survey Instructions contain the wording of the surveyor's certification that must appear on the Survey...." Is the guidance provided in the FAQ published on 12/9/11 which indicates the HUD certification may be submitted on a separate sheet of paper rather than on the face of the survey itself superseded by the new 2013 Closing Guide which states that the HUD certification "must appear on the Survey"? Section 3.2D1 could be read to no longer allow the HUD certification to be submitted on a separate piece of paper. Please clarify whether the HUD certification must appear on the face of the survey or whether it may be provided on a separate sheet of paper.

  

  1. 9/4/2013
    Recently I was contracted to do an ALTA survey for a parcel that was financed through HUD. While I understand that I cannot change the language in the certificate that is required, there is language that we find troublesome in that it can be easily interpreted to mean something it was not intended to. The sentence that discusses that we are certifying ... the premises is free of any 100/500 year flood hazard ... is the problem. While we assume that HUD is asking us to state where the parcel is in relation to an established FEMA flood hazard, it doesn't say that very well. When I added a note to the survey stating that I certified where the parcel was in relationship to an established FEMA flood hazard area, but that I couldn't certify that the site was free of a flood hazard I created a huge uproar and was told in no uncertain terms that it HAD to be removed because HUD said so. When pressed for the who at HUD, and could I speak with them I was flatly ignored. From where we sit, if I'm adding a note that says the same thing that you think the certificate says, it should not be a problem. I was never provided with any specific why HUD had an issue.

 

  1. 3/19/2014
    Please advise if the current Survey Instruction form (HUD-92457A-M (Rev. 04/11)) is the most current and only final Survey requirement, and is only a one page document.

 

  1. 4/10/2014
    There appears to be a conflict between the Closing Guide and HUD 92457 A-M. Section 3.2, Part D(1) of the Closing Guide provides that "An ALTA/ACSM Land Title survey is required and must conform to the instructions set forth on form HUD-92457 A-M [emphasis added], HUD Survey Instructions and Report (including the Table A items listed and certification set forth in the form)." However, the HUD-92457 A-M itself provides that the survey must bear the following certification "...that it and this (these) map(s) was (were) made in accordance with HUD Survey Instructions and Report, HUD 92457M [emphasis added], and the requirements...." As such, the closing Guide appears to instruct that the certification should reference form HUD-92457 A-M, however the HUD-92457 A-M itself directs the surveyor to certify that the survey was made in accordance with HUD 92457M. Was the intention of the drafters to make sure that the surveyor certified that the survey was made in accordance with the HUD Survey Instructions and Report (HUD 92457 A-M) and the Surveyor's Report (HUD 92457M), or just the former? Was this simply a scrivener's error? Please advise as to the resolution of this discrepancy.
  1. 11/6/2014
    The new HUD Surveyor's Report Form, HUD 91073M (06/14) includes the HUD form of Surveyor's Certificate on Form 91073M. Does this replace the requirement that the certificate appear on the face of the survey, or is the surveyor now required to make the same identical certification twice?
  1. 2/18/2015
    I have a question on filling out the Surveyor's Report of HUD Form OMB Approval No. 2502-0598 [HUD-92457-M]. There are two spots in the report that request the surveyor to identify premises as "standing in the name of __________". Can you tell me what HUD is asking for here? I have heard two different opinions on this. One is that HUD is asking for the name of the apartments at the time of the survey visit. The other is that HUD is asking for the name of the owner of the property.
  1. 9/16/2015
    This is a follow-up question to your response to the FAQ published on approximately 11/6/2014 on the new HUD-9173M document. We understand the instructions at the bottom of page 1 and the response to the above FAQ, to direct the surveyor to place the ALTA/ACSM Certification on the face of the Survey Map/Plat. Recently, one of the HUD Offices required us to have the Surveyor complete, sign and seal, the Certification on Page 1, as well as the traditional HUD certification on Page 3 (which the Surveyor completed). Is the Surveyor required to complete the Certification on Page 1 of the Instructions in addition to placing it on the Survey map/plat?
  1. 2/18/2016
    Will Multifamily Housing accept the Minimum Standard Detail Requirements for ALTA/NSPS Land Title Survey that are effective February 23, 2016?

 

 

 

 

 

 1.  Some surveyors interpret the 2011 ALTA/ACSM Minimum Standard Detail Requirement to prohibit them from including the HUD certification on the survey itself as required by HUD-92457A-M, HUD Survey Instructions and Report. In the case at issue, the surveyor has refused to include the HUD certification on the survey and has requested permission to include it on a separate sheet of paper. Although Section 7 of the 2011 ALTA/ACSM Minimum Standard of Detail Requirements states that surveyors may not alter the ALTA/ACSM required certification, that section references Section 3(B), which acknowledges that there may be additional federal statutes and administrative rules that surveyors must follow. A lender's attorney mentioned two HUD field offices that permitted the surveyor to make the certification on a separate sheet of paper, however our office has not permitted this change in the past. Can you please clarify this issue?

It is ALTA policy not to allow modifications to the certification or additional certifications on the face of an ALTA survey. ALTA instructions are: For those Clients who require an additional or alternate Certification, it is permissible to negotiate with the Surveyor to provide another additional Certification on a seperate sheet of paper and cross-reference it to the Survey.  Housing will accept the HUD Certification on a seperate sheet of paper and cross referenced to the survey.

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 2.  8/21/2013
The 2013 Closing Guide at section 3.2D1 provides "Note that the Survey Instructions contain the wording of the surveyor's certification that must appear on the Survey...." Is the guidance provided in the FAQ published on 12/9/11 which indicates the HUD certification may be submitted on a separate sheet of paper rather than on the face of the survey itself superseded by the new 2013 Closing Guide which states that the HUD certification "must appear on the Survey"? Section 3.2D1 could be read to no longer allow the HUD certification to be submitted on a separate piece of paper. Please clarify whether the HUD certification must appear on the face of the survey or whether it may be provided on a separate sheet of paper.

Housing will accept the HUD Certification on a separate sheet of paper and cross referenced to the survey. The current policy is still found in the answer to the 12/9/2011 FAQ entitled “Is it permissible to make the HUD certification on a separate sheet of paper?” Section 3.2D1 of the 2013 Closing Guide will be updated to be consistent with the FAQ. Thank you.

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 3.  9/4/2013
Recently I was contracted to do an ALTA survey for a parcel that was financed through HUD. While I understand that I cannot change the language in the certificate that is required, there is language that we find troublesome in that it can be easily interpreted to mean something it was not intended to. The sentence that discusses that we are certifying ... the premises is free of any 100/500 year flood hazard ... is the problem. While we assume that HUD is asking us to state where the parcel is in relation to an established FEMA flood hazard, it doesn't say that very well. When I added a note to the survey stating that I certified where the parcel was in relationship to an established FEMA flood hazard area, but that I couldn't certify that the site was free of a flood hazard I created a huge uproar and was told in no uncertain terms that it HAD to be removed because HUD said so. When pressed for the who at HUD, and could I speak with them I was flatly ignored. From where we sit, if I'm adding a note that says the same thing that you think the certificate says, it should not be a problem. I was never provided with any specific why HUD had an issue.

The OMB approval for the multifamily loan documents will expire in 2014, and proposed documents will be published for comment in the near future. Members of the public will be invited to express their thoughts regarding the published versions. HUD will consider those comments before finalizing the loan documents. The current language has been used for many years and cannot be negotiated for individual transactions. Therefore, surveyors must use the language as provided in the form HUD-92457M.

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 4.  3/19/2014
Please advise if the current Survey Instruction form (HUD-92457A-M (Rev. 04/11)) is the most current and only final Survey requirement, and is only a one page document.

The most current version of the Survey Instruction and Report form can be found on HUDCLIPS. As of the date of this posting, HUD-92457A-M (Rev. 04/11) is the most current version of the Survey Instructions and Report. However, the instructions are being slightly revised through the Paperwork Reduction Act process, as published in the Federal Register and HUD’s website, and will soon be replaced with the revised form (HUD-91073M). Also, please note survey requirements are governed by a body of HUD guidance that, while are inclusive of the survey instructions form, extend beyond the form itself. Please inquire with your Housing Representative about specific survey requirements on your transaction.

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 5.  4/10/2014
There appears to be a conflict between the Closing Guide and HUD 92457 A-M. Section 3.2, Part D(1) of the Closing Guide provides that "An ALTA/ACSM Land Title survey is required and must conform to the instructions set forth on form HUD-92457 A-M [emphasis added], HUD Survey Instructions and Report (including the Table A items listed and certification set forth in the form)." However, the HUD-92457 A-M itself provides that the survey must bear the following certification "...that it and this (these) map(s) was (were) made in accordance with HUD Survey Instructions and Report, HUD 92457M [emphasis added], and the requirements...." As such, the closing Guide appears to instruct that the certification should reference form HUD-92457 A-M, however the HUD-92457 A-M itself directs the surveyor to certify that the survey was made in accordance with HUD 92457M. Was the intention of the drafters to make sure that the surveyor certified that the survey was made in accordance with the HUD Survey Instructions and Report (HUD 92457 A-M) and the Surveyor's Report (HUD 92457M), or just the former? Was this simply a scrivener's error? Please advise as to the resolution of this discrepancy.

The form contains a scrivener’s error and should refer to HUD Survey Instructions and Report (HUD92457A-M). The survey certification should refer to this form.

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 6.  11/6/2014
The new HUD Surveyor's Report Form, HUD 91073M (06/14) includes the HUD form of Surveyor's Certificate on Form 91073M. Does this replace the requirement that the certificate appear on the face of the survey, or is the surveyor now required to make the same identical certification twice?

The new HUD form for surveys, HUD-91073M, requires two separate and distinct certifications: 1) the ALTA/ASCM certification included on the bottom of the first page of the HUD-91073M, which must appear on the survey itself; and 2) the HUD certification, which is included on the last page of the HUD-91073M, and which is not required to appear on the face of the survey, but is instead given through the surveyor’s execution of the HUD-91073M.

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7.  2/18/2015
I have a question on filling out the Surveyor's Report of HUD Form OMB Approval No. 2502-0598 [HUD-92457-M]. There are two spots in the report that request the surveyor to identify premises as "standing in the name of __________". Can you tell me what HUD is asking for here? I have heard two different opinions on this. One is that HUD is asking for the name of the apartments at the time of the survey visit. The other is that HUD is asking for the name of the owner of the property.

Insert both the name of the project and the name of the owner, as of the date of the survey. For example: “XYZ project owned by ABC corporation.”

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 8.  9/16/2015
This is a follow-up question to your response to the FAQ published on approximately 11/6/2014 on the new HUD-9173M document. We understand the instructions at the bottom of page 1 and the response to the above FAQ, to direct the surveyor to place the ALTA/ACSM Certification on the face of the Survey Map/Plat. Recently, one of the HUD Offices required us to have the Surveyor complete, sign and seal, the Certification on Page 1, as well as the traditional HUD certification on Page 3 (which the Surveyor completed). Is the Surveyor required to complete the Certification on Page 1 of the Instructions in addition to placing it on the Survey map/plat?

The certification on page one of form HUD-91073M (“HUD Survey Instructions and Surveyor’s Report”) is identical to the certification required by #7 of the Minimum Standard Detail Requirements for ALTA/ACSM Land Title Surveys. It is provided on page one of the form solely for instructional purposes and to assist the surveyor in ensuring the certification’s proper completion on the ALTA survey itself.  There is no need for the surveyor to also complete and sign the certification on page 1 of the form.

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 9.  2/18/2016
Will Multifamily Housing accept the Minimum Standard Detail Requirements for ALTA/NSPS Land Title Survey that are effective February 23, 2016?

Yes, Multifamily Production will accept the new 2016 ALTA/NSPS survey requirements. A revised HUD-91073M (Survey Instructions and Surveyor’s Report) in redline format showing necessary changes to the HUD form to accommodate the underlying changes to the new ALTA/(and now) NSPS form is posted on the right side of this page. HUD will allow parties to Multifamily transactions who use the 2016 ALTA/NSPS requirements to make the redlined edits to the 91073M without HQ review. Please note that the Section 232 LEAN program will issue separate guidance on this matter through email blast.

HUD recommends to participants the following transition and implementation guidance provided by ATLA:

  • -If you are under contract prior to Feb. 23, you could use the 2011 Standards - even if the survey is not completed until after the 23rd.
  • -If you are under contract prior to Feb. 23 and you know the survey will not be completed until after the 23rd, it would be logical, but not required to go ahead and contract to use the 2016 Standards.
  • -"Updates" must be to the 2016 Standards if they are contracted after Feb. 23. The only exception to that might be if you contracted to do a 2011 survey before Feb. 23 and, for some reason, the closing was delayed so long that they wanted the survey "updated" before closing. In that case, you might be able to do that update to the 2011 Standards; not for a new conveyance but for the delayed conveyance.
  • -If a new construction or sub-rehab project has a 2011 survey performed for initial closing, will the final as-built survey performed in connection with the final closing a year or two later upon completion of construction also fall under the 2011 Standards, or the 2016 Standards?
    • Under that scenario - a year or two later - the final survey would need to meet the 2016 Standards. The surveyor should know, however, that they will need to consider - in particular - the changes to Table A between 2011 and 2016.
    • It might be able to posit that if the final survey is a logical extension of the initial survey AND the timeframe between initial and final survey is short, one could continue with 2011, but if we don't draw a line, it just goes on and on.
HUD will further consider the 2016 ALTA/NSPS survey requirements when the Multifamily closing documents next undergo the OMB/PRA renewal process within the year. HUD will determine at this time whether or not to make substantive changes to the HUD-91073M form as a result of the new ALTA/NSPS document.

 

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