Section 302
| 302.01 | |
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Requirements
You must ensure that
Guidance
As you analyze the BorrowerBorrowerPerson who is the obligor under the Note. and its organizational documents to confirm that it is a single-asset entity, consider the following questions:
- Can the BorrowerBorrowerPerson who is the obligor under the Note. acquire any additional real property, personal property, or assets?
- Can the BorrowerBorrowerPerson who is the obligor under the Note. participate in any business other than managing and operating the PropertyPropertyMultifamily residential property securing the Mortgage Loan and including the land (or Leasehold interest in land), Improvements, and personal property (as defined in the Uniform Commercial Code). ?
- Are the BorrowerBorrowerPerson who is the obligor under the Note.’s assets or funds commingled with anyone else’s? If so, can these assets or funds be separated and identified?
- Are the BorrowerBorrowerPerson who is the obligor under the Note.’s financial statements, accounting records, and other organizational documents maintained with anyone else’s?
- Except for the Mortgage LoanMortgage LoanMortgage debt obligation evidenced, or when made will be evidenced, by the Loan Documents or a mortgage debt obligation with a Fannie Mae credit enhancement. , has the BorrowerBorrowerPerson who is the obligor under the Note. assumed, guaranteed, or obligated itself to cover anyone else’s liabilities?
Requirements
If the BorrowerBorrowerPerson who is the obligor under the Note. owns more than a single asset, the BorrowerBorrowerPerson who is the obligor under the Note. may still qualify as a single asset entity if you:
- Obtain an operating statement for each real property owned.
- Obtain proof that the BorrowerBorrowerPerson who is the obligor under the Note. has no existing debt secured by a LienLienLien, mortgage, bond interest, pledge, security interest, charge, or encumbrance of any kind. on any of the BorrowerBorrowerPerson who is the obligor under the Note.’s real property, other than a Mortgage LoanMortgage LoanMortgage debt obligation evidenced, or when made will be evidenced, by the Loan Documents or a mortgage debt obligation with a Fannie Mae credit enhancement. purchased by Fannie Mae.
- Obtain proof that the BorrowerBorrowerPerson who is the obligor under the Note. does not have any direct or indirect equity interest subject to mezzanine financing.
- Ensure that the Loan DocumentsLoan DocumentsAll documents evidencing, securing, or guaranteeing the debt obligation executed for a Mortgage Loan and approved by Fannie Mae.
prohibit the BorrowerBorrowerPerson who is the obligor under the Note. from
- acquiring any additional debt (except for supplemental debt on existing Fannie Mae loans),
- increasing any existing debt, or
- acquiring any additional real property.
Guidance
As you analyze the BorrowerBorrowerPerson who is the obligor under the Note. that owns more than a single asset, you should consider whether its other real estate assets are only
- multifamily properties, or
- other types of real estate that do not pose an environmental risk to the BorrowerBorrowerPerson who is the obligor under the Note..
| 302.02 | |
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Requirements
You must ensure that any Co-Tenant BorrowerCo-Tenant BorrowerBorrower consisting of tenants-in-common that own the Property in equal or unequal shares. meets these eligibility requirements:
- the Co-Tenant BorrowerCo-Tenant BorrowerBorrower consisting of tenants-in-common that own the Property in equal or unequal shares. has no more than 10 co-tenants;
- no co-tenant is an individual;
- each co-tenant is a single-asset entity complying with Part I, Chapter 3: Borrower, Guarantor, Key Principals, and Principals, Section 302.01: Single-Asset Entity; and
- each co-tenant has jointly and severally executed the Loan DocumentsLoan DocumentsAll documents evidencing, securing, or guaranteeing the debt obligation executed for a Mortgage Loan and approved by Fannie Mae. .
| 302.02A | |
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Requirements
You must ensure that a validly executed Tenancy-in-Common Agreement is in place prior to or at the Mortgage LoanMortgage LoanMortgage debt obligation evidenced, or when made will be evidenced, by the Loan Documents or a mortgage debt obligation with a Fannie Mae credit enhancement. closing.
You must review the agreement to ensure that:
- Each co-tenant is bound by the terms of the agreement.
- The PropertyPropertyMultifamily residential property securing the Mortgage Loan and including the land (or Leasehold interest in land), Improvements, and personal property (as defined in the Uniform Commercial Code).
has a manager of its day-to-day business and affairs, which can be
- a single co-tenant (or the Key PrincipalKey PrincipalPerson(s) who control and/or manage the Borrower or the Property, are critical to the successful operation and management of the Borrower and the Property, and who may be required to provide a Guaranty. of such co-tenant) known as the “co-tenant representative”, or
- a validly-appointed property manager.
- Distributions to the co-tenant representative are subordinate to
- all payments under any Mortgage LoanMortgage LoanMortgage debt obligation evidenced, or when made will be evidenced, by the Loan Documents or a mortgage debt obligation with a Fannie Mae credit enhancement. secured by a LienLienLien, mortgage, bond interest, pledge, security interest, charge, or encumbrance of any kind. on the PropertyPropertyMultifamily residential property securing the Mortgage Loan and including the land (or Leasehold interest in land), Improvements, and personal property (as defined in the Uniform Commercial Code). , and
- the terms and conditions of any such Mortgage LoanMortgage LoanMortgage debt obligation evidenced, or when made will be evidenced, by the Loan Documents or a mortgage debt obligation with a Fannie Mae credit enhancement. .
Guidance
As you analyze the Tenancy-in-Common Agreement, consider the following questions. The term “co-tenant” also includes any Key PrincipalKey PrincipalPerson(s) who control and/or manage the Borrower or the Property, are critical to the successful operation and management of the Borrower and the Property, and who may be required to provide a Guaranty. who has the rights of the co-tenant.
Representation
- Have the Co-Tenant BorrowersCo-Tenant BorrowersBorrower consisting of tenants-in-common that own the Property in equal or unequal shares. given the co-tenant representative the power to deal with the LenderLenderPerson approved by Fannie Mae to sell or service Mortgage Loans. through the Tenancy-in-Common Agreement or an irrevocable power-of-attorney?
- Has each Co-Tenant BorrowerCo-Tenant BorrowerBorrower consisting of tenants-in-common that own the Property in equal or unequal shares. waived its right to reside in the PropertyPropertyMultifamily residential property securing the Mortgage Loan and including the land (or Leasehold interest in land), Improvements, and personal property (as defined in the Uniform Commercial Code). ?
Buy outs
- Does each Co-Tenant BorrowerCo-Tenant BorrowerBorrower consisting of tenants-in-common that own the Property in equal or unequal shares. have buy out rights to any other co-tenant?
- Is each Co-Tenant BorrowerCo-Tenant BorrowerBorrower consisting of tenants-in-common that own the Property in equal or unequal shares. financially able to buy out any other co-tenant?
Communication
- Does each Co-Tenant BorrowerCo-Tenant BorrowerBorrower consisting of tenants-in-common that own the Property in equal or unequal shares. have a name, address, telephone number, and percentage of ownership interest listed?
- Has each Co-Tenant BorrowerCo-Tenant BorrowerBorrower consisting of tenants-in-common that own the Property in equal or unequal shares. agreed to promptly notify all other Co-Tenant BorrowersCo-Tenant BorrowersBorrower consisting of tenants-in-common that own the Property in equal or unequal shares. and you if their address or telephone number changes?
- Has a single Key PrincipalKey PrincipalPerson(s) who control and/or manage the Borrower or the Property, are critical to the successful operation and management of the Borrower and the Property, and who may be required to provide a Guaranty. of the co-tenant representative agreed to receive any communication from you on behalf of all Co-Tenant BorrowersCo-Tenant BorrowersBorrower consisting of tenants-in-common that own the Property in equal or unequal shares. ?
Requirements
You must ensure that:
- each Co-Tenant BorrowerCo-Tenant BorrowerBorrower consisting of tenants-in-common that own the Property in equal or unequal shares. names at least 1 Key PrincipalKey PrincipalPerson(s) who control and/or manage the Borrower or the Property, are critical to the successful operation and management of the Borrower and the Property, and who may be required to provide a Guaranty. ; and
- if a GuarantyGuarantyPayment Guaranty, Non-Recourse Guaranty, or other guaranty by a Guarantor for the Mortgage Loan. is required, each Key PrincipalKey PrincipalPerson(s) who control and/or manage the Borrower or the Property, are critical to the successful operation and management of the Borrower and the Property, and who may be required to provide a Guaranty. must become a GuarantorGuarantorKey Principal or other Person who executes a Payment Guaranty, a Non-Recourse Guaranty, or any other guaranty in connection with the Mortgage Loan. and execute either a Non-Recourse GuarantyNon-Recourse GuarantyGuaranty executed by a Key Principal on Form 4501 series or Form 6015 series, or approved by Fannie Mae. or Payment GuarantyPayment GuarantyGuaranty executed by a Key Principal on Form 4502 series or Form 6020 series, or approved by Fannie Mae. .