B5-5.2-01: DU Refi Plus and Refi Plus Eligibility (09/04/2018)

DU Refi Plus and Refi Plus Overview

Fannie Mae's DU Refi Plus and manually underwritten Refi Plus provide two flexible refinance options for existing Fannie Mae-owned or -securitized loans. These refinance options are for borrowers who have demonstrated an acceptable payment history on their mortgage, but due to a decline in home prices or the lack of available mortgage insurance, have been unable to refinance.

The following topics provide requirements for DU Refi Plus and Refi Plus mortgage loans:

• B5-5.2-02, DU Refi Plus and Refi Plus Underwriting Considerations,

• B5-5.2-03, DU Refi Plus and Refi Plus Property Valuation and Project Standards, and

• B5-5.2-04, DU Refi Plus and Refi Plus Closing, Pricing, and Delivery.

Program Expiration

DU Refi Plus and Refi Plus mortgage loans must have application dates on or before December 31, 2018. All DU Refi Plus and Refi Plus whole loans must be purchased by Fannie Mae on or before September 30, 2019, or must be delivered into MBS pools with issue dates on or before September 1, 2019.

Permissible Refinance Solicitation Practices

The following requirements apply to the solicitation of borrowers for Refi Plus or DU Refi Plus mortgage loans, and differ depending on the LTV ratio of the existing mortgage loan currently serviced by the lender.

Lender Incentives for Borrowers

Lenders may provide borrowers with the following incentives to refinance through DU Refi Plus or Refi Plus:

• cash or cash-like (e.g., gift cards) incentives that are not part of the refinance transaction in an amount not to exceed $500; and

• a payment to pay off a portion of the mortgage loan being refinanced not to exceed $2,000.

Refer to B3-4.1-02, Interested Party Contributions (IPCs), (Lender Incentives for Borrowers), for additional requirements that apply to lender incentives.

Loan Purpose

The standard limited cash-out refinance requirements are modified as follows for DU Refi Plus and Refi Plus loan transactions. All other guidelines for limited cash-out refinances continue to apply. See B2-1.2-02, Limited Cash-Out Refinance Transactions.

DU Refi Plus and Refi Plus loans must be originated according to the following limited cash-out refinance requirements:

• The new loan amount can include:

  • payoff of the unpaid principal balance on the existing first mortgage;

  • the financing of the payment of closing costs, prepaid items, and points;

  • cash back to the borrower in an amount of no more than $250. For DU Refi Plus, if the borrower is receiving more than $250 cash back, as reflected in the Details of Transaction section of the loan application, the loan casefile will not be underwritten as a DU Refi Plus transaction. Any excess funds at closing must be applied as a principal curtailment. See B5-5.2-04, DU Refi Plus and Refi Plus Closing, Pricing, and Delivery.

• Subordinate financing is permitted. See the Eligible Subordinate Financing section below for additional requirements.

Maximum LTV, CLTV, and HCLTV Ratios and Eligible New Mortgage Loan Types

The following table provides maximum LTV, CLTV, and HCLTV ratios, loan type, and amortization requirements for DU Refi Plus and Refi Plus mortgage loans. For comprehensive requirements see the Eligibility Matrix on Fannie Mae's website.

All DU Refi Plus and Refi Plus mortgage loans must be fully amortizing and must meet Fannie Mae's current loan limit requirements.

Eligible Subordinate Financing

The following policies apply to subordinate financing:

• New subordinate financing is only permitted if it replaces existing subordinate financing.

• Existing subordinate financing may not be satisfied with the proceeds of the new DU Refi Plus or Refi Plus mortgage loan.

• Existing subordinate financing can remain in place as long as it is resubordinated to the new DU Refi Plus or Refi Plus mortgage loan.

• Existing subordinate financing may be simultaneously refinanced as long as the new subordinate lien loan amount does not exceed the existing unpaid principal balance.

Lenders must comply with the following provisions outlined in B2-1.1-04, Subordinate Financing, related to any subordinate financing for DU Refi Plus and Refi Plus transactions:

• Subordinate Financing Requirements, and

• Resubordination Requirements for Refinance Transactions.

The remaining provisions related to existing subordinate financing, including acceptable subordinate financing types, do not apply to DU Refi Plus and Refi Plus transactions.

Using Hardest Hit Fund Programs for Principal Reduction or Closing Cost Assistance

Housing Finance Agencies (HFAs) have established programs utilizing Hardest Hit Fund (HHF) programs, which provide funding for various purposes, including funds for principal curtailment, to help homeowners obtain more affordable mortgages or to help homeowners retain their homes. Each participating HFA establishes its own eligibility guidelines for borrower participation and approves the provision of the funds.

Fannie Mae permits grant-like unsecured financing provided to the borrower through an HFA's HHF program for the purpose of paying down the unpaid principal balance at the time of closing resulting in a lower new loan amount. The HHFs may also be used for the payment of closing costs. The following requirements apply to HHFs:

• The funds must be reflected in the Uniform Residential Loan Application (Form 1003 or 1003(S)) (and in the online loan application for DU Refi Plus) in Section VII, Details of Transaction as an Other Credit.

• The loan file must be documented with a copy of the promissory note or other documentation specifying the terms and conditions of the loan. If the promissory note (or other documentation) indicates that repayment of the HHF funds is expected, the monthly payment must be included in the debt-to-income (DTI) ratio, unless repayment is only due upon sale or default.

• The transfer of the loan proceeds must be reflected on the settlement statement.

Ineligible New Mortgage Loan Types

The following are ineligible new mortgage loan types for DU Refi Plus and Refi Plus transactions:

• ARM loans with initial fixed periods of less than five years;

• HomeStyle Renovation mortgage loans prior to the completion of the property;

• HomeReady mortgage loans; and

• mortgage loans with temporary interest rate buydowns, unless dated before July 1, 2009, and delivered to Fannie Mae prior to December 1, 2009.

Lender Eligibility

The following table provides lender eligibility requirements applicable to DU Refi Plus and Refi Plus mortgage loans.

Borrower Eligibility

The following table provides borrower eligibility requirements applicable to DU Refi Plus mortgage loans.

The following table provides borrower eligibility requirements applicable to Refi Plus mortgage loans:

As a reminder, each person who has an ownership interest in the security property, even if the person’s income is not used in qualifying for the mortgage loan, must sign the security instrument. (See B8-2-03, Signature Requirements for Security Instruments, for additional information.)

Occupancy and Property Eligibility

The following occupancy and property types are eligible for securing a DU Refi Plus or Refi Plus mortgage loan:

• one- to four-unit principal residences,

• one-unit second homes, and

• one- to four-unit investment properties.

All property types are eligible including detached, attached, manufactured housing, and units in a PUD, condo, or co-op project. See Leasehold Estates Eligibility (below) for leasehold estate requirements and B5-5.2-03, DU Refi Plus and Refi Plus Property Valuation and Project Standards for project standards requirements.

The existing mortgage and the new DU Refi Plus or Refi Plus mortgage loan do not have to represent the same occupancy. The occupancy of the subject property may have changed by the time of the new mortgage transaction. Because the loan represents existing Fannie Mae risk, there is no requirement that the occupancy has stayed the same.

Texas Section 50(a)(6) Loans

If the existing loan was originated as a Texas Section 50(a)(6) loan, and if the new DU Refi Plus or Refi Plus loan will be a Texas Section 50(a)(6) loan, then the new DU Refi Plus or Refi Plus loan must meet the most restrictive of the Texas Section 50(a)(6) loan requirements, per the Selling Guide or the DU Refi Plus and Refi Plus requirements, as applicable. The only exceptions to this requirement are that a minimum credit score does not apply (unless the monthly principal and interest payment is increasing more than 20%) and the DU Refi Plus and Refi Plus loan-level price adjustments are applicable.

All Texas Section 50(a)(6) loan requirements apply, including the following, which may be different than the standard DU Refi Plus or Refi Plus requirements:

• maximum 80% LTV and CLTV ratio;

• minimum 12 months seasoning;

• one-unit principal residences only;

• a new full appraisal is required — Uniform Residential Appraisal Report (Form 1004), Manufactured Home Appraisal Report (Form 1004C), or Individual Condominium Unit Appraisal Report (Form 1073), as applicable;

• title insurance requirements for Texas Section 50(a)(6) loans must be met. See B5-4.1-03, Texas Section 50(a)(6) Underwriting, Collateral, and Closing Considerations;

• all applicable special feature codes must be delivered, including but not limited to 304 and 147 or 288 (identifying the loan as a Texas Section 50(a)(6) loan and as DU Refi Plus or Refi Plus, respectively); and

• only mortgage products approved for Texas Section 50(a)(6) loans are eligible.

DU is not able to determine if Texas Constitution Section 50(a)(6) applies to specific limited cash-out loan casefiles; therefore, the lender must make the determination and apply the corresponding eligibility requirements. All other DU Refi Plus or Refi Plus requirements apply.

Leasehold Estates Eligibility

For DU Refi Plus and Refi Plus loans that are secured by leasehold estates, the term of the leasehold estate must run for at least five years beyond the maturity date of the mortgage, unless fee simple title will vest at an earlier date in the borrower. If the term of the leasehold estate does not extend five years beyond the maturity date of the mortgage, the lender should consider offering the borrower a product with a shorter term as a remedy. The lender is not required to perform any additional review of the leasehold terms.

Eligible Existing Mortgage Loan Types

The following existing mortgage loan types are eligible for DU Refi Plus.

The following existing mortgage loan types are eligible for Refi Plus:

Existing mortgages with the following types of credit enhancement or mortgage insurance coverage are eligible for refinancing under DU Refi Plus and Refi Plus.

*Existing loans are ineligible for Refi Plus if these mortgage insurance policies or agreements are necessary to meet Fannie Mae minimum credit enhancement requirements applicable to loans with LTV ratios greater than 80% LTV. To discuss potential options for ineligible existing mortgages, lenders may contact their Fannie Mae customer account team.

Ineligible Existing Mortgage Loan Types

The following existing mortgage loan types are ineligible for DU Refi Plus.

The following existing mortgage loan types are ineligible for Refi Plus.

Refi Plus: Documentation Retention Requirements

For a new Refi Plus mortgage loan, the lender must be the existing servicer, and have complete underwriting and servicing files: the full documentation loan file, including borrower and property information, and any subsequent streamlined refinance loan files. All previous loan files will become part of the application package for the new loan and must be retained for the life of the new mortgage loan.

If the loan being refinanced was assumed by the current borrower(s) at any time since the original borrower(s) was qualified, the credit documents used to qualify the current borrower(s) at the time of the assumption must be included as part of the new mortgage loan file.

Representations and Warranties

For DU Refi Plus and Refi Plus mortgage loans, lenders are responsible for the standard representations and warranties described in the Selling Guide, with a number of exceptions as noted below.

DU Refi Plus:

• The lender is not responsible for any of the representations and warranties associated with the original loan.

• The lender is relieved of the standard underwriting representations and warranties (eligibility, credit history, liabilities, income and asset assessment) with respect to the new mortgage loan if the lender meets all of the following requirements:

  • All data in the loan casefile is complete, accurate, and not fraudulent.

  • The lender follows the instructions in the DU Underwriting Findings report regarding income, employment, asset, and fieldwork documentation.

  • The lender complies with all other requirements documented in A2-2.1-04, Limited Waiver and Enforcement Relief of Representations and Warranties for Mortgages Submitted to DU.

• When a lender exercises a DU Refi Plus appraisal waiver, Fannie Mae accepts the property value estimate submitted to DU as the market value for the subject property, and the lender is not required to make any representation or warranty as to the value, marketability, or condition of the subject property.

• If the lender obtains an appraisal for the subject property, the lender is not responsible for the standard representations and warranties related to the value, marketability, and condition of the property as reflected in the property valuation.

  • Lenders may deliver loans on properties with a condition rating of C6 and/or a quality rating of Q6 completed on an “as-is” basis. There is no requirement for the appraisal to be completed “subject to” repairs being made.

  • The lender is not responsible for the following requirements in B4-1.1-02, Lender Responsibilities, of the Selling Guide:

    • accuracy and completeness of the appraisal and its assessment of the marketability of the property;

    • underwriting the completed appraisal report to determine whether the subject property presents adequate collateral for the mortgage;

    • ensuring that the appraiser uses sound reasoning and provides evidence to support the methodology used for developing the value opinion, particularly in cases that are not covered by Fannie Mae guidelines; and

    • ensuring that the appraiser provides an accurate opinion, an adequately supported value, and an accurate description of the property.

• The lender is not responsible for the standard representations and warranties related to project eligibility, with the exception that the lender must represent and warrant that the property is not a condo or co-op hotel or motel, houseboat project, or a timeshare or segmented ownership project.

• See B5-5.2-03, DU Refi Plus and Refi Plus Property Valuation and Project Standards, for additional information about property and project requirements.

Refi Plus:

• With respect to the original loan, the lender must represent and warrant to the following:

  • The loan was originated in compliance with laws. See A3-2-01, Compliance With Laws.

  • The lender represents and warrants that the original loan being refinanced by a Refi Plus mortgage loan was not originated or sold pursuant to any scheme or pattern of fraud that involved two or more mortgages and two or more perpetrators acting in common effort with respect to such mortgages. For purposes of the foregoing, “fraud” is defined as a misstatement, misrepresentation, or omission that cannot be corrected and that was relied upon by Fannie Mae to purchase the mortgage being refinanced. For purposes of the foregoing, a “perpetrator” is an individual or entity involved in the origination or sale of the mortgage or the related real estate transaction, including, but not limited to, a mortgage broker, loan officer, appraiser, appraisal company, title or closing agent, or property seller, or the borrower(s) acting in conjunction with one of the former.

  • If the subject property is in a condo, co-op, or PUD project, the project met Fannie Mae's requirements at the time the original loan was originated.

• With respect to the appraisal and property condition, the lender is not responsible for the standard representations and warranties related to the value, condition, and marketability of the property as reflected in the appraisal.

  • Lenders may deliver loans on properties with a condition rating of C6 and/or a quality rating of Q6 completed on an “as-is” basis. There is no requirement for the appraisal to be completed “subject to” repairs being made.

  • The lender is not responsible for the following requirements in B4-1.1-02, Lender Responsibilities, of the Selling Guide:

    • accuracy and completeness of the appraisal and its assessment of the marketability of the property;

    • underwriting the completed appraisal report to determine whether the subject property presents adequate collateral for the mortgage;

    • ensuring that the appraiser uses sound reasoning and provides evidence to support the methodology used for developing the value opinion, particularly in cases that are not covered by Fannie Mae guidelines; and

    • ensuring that the appraiser provides an accurate opinion, an adequately supported value, and an accurate description of the property.

• See B5-5.2-02, DU Refi Plus and Refi Plus Underwriting Considerations, for additional information regarding property and project requirements.

• Fannie Mae's quality control process for Refi Plus loans will not:

  • hold the lender responsible for information that may be obtained as a result of Fannie Mae's review of income or assets stated by the borrower (applicable when the principal and interest payment is not increasing by more than 20%);

  • impose any maximum DTI ratio or other underwriting criteria (except when the principal and interest payment increases by more than 20%);

  • require the lender to represent and warrant that the borrower has an acceptable credit history other than the credit score and mortgage payment requirements that are specific to Refi Plus. See B5-5.2-02, DU Refi Plus and Refi Plus Underwriting Considerations; or

  • hold the lender accountable for undisclosed liabilities (except when the principal and interest payment increases by more than 20%).