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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the HUD certification may be submitted on a separate sheet of paper rather than on the face of the survey itself superseded by the new 2013 Closing Guide which states that the HUD certification "must appear on the Survey"?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.  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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