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Part I
Mortgage Loan
  • Chapter 1
    Overview
    • Section 101
      Using the Guide
      • 101.01 Organization
      • 101.02 References
    • Section 102
      Delegation and Underwriting
    • Section 103
      Transaction Approval Memo
    • Section 104
      Representations
  • Chapter 2
    Mortgage Loan
    • Section 201
      Registration and Multifamily Affordability Estimator
    • Section 202
      Delegated Mortgage Loans
    • Section 203
      Pre-Review Mortgage Loans
    • Section 204
      Letters of Credit
      • 204.01 Generally
      • 204.02 Issuers and Ratings
      • 204.03 Verifying Issuer Ratings
      • 204.04 Restrictions on Issuer Collateral
      • 204.05 Drawing on Letter of Credit
  • Chapter 3
    Borrower, Guarantor, Key Principals, and Principals
    • Section 301
      Generally
    • Section 302
      Borrower Organizational Structure
      • 302.01 Single-Asset Entity
      • 302.02 Co-Tenant Borrowers
        • 302.02 A Tenancy-in-Common Agreement
        • 302.02 B Key Principal Execution of Guaranty
      • 302.03 Joint and Several Borrowers with Multiple Properties
    • Section 303
      Key Principals, Principals, and Guarantors
      • 303.01 Generally
      • 303.02 Entity Review
      • 303.03 Fund Review
    • Section 304
      Limited Experience Owner
    • Section 305
      Financial Statements
    • Section 306
      Schedule of Real Estate Owned (SREO) (Form 4526)
    • Section 307
      Certifications
      • 307.01 Multifamily Underwriting Certificate (Form 6460)
      • 307.02 Brokered Transaction Certifications
    • Section 308
      Fraudulent Conveyance
    • Section 309
      Applicant Experience Check
    • Section 310
      Compliance
    • Section 311
      Execution of Non-Recourse Guaranty
    • Section 312
      Conflict Mortgage Loans
      • 312.01 Description
      • 312.02 Restrictions
        • 312.02 A Underwriting
        • 312.02 B Servicing
        • 312.02 C No First Right of Refusal
        • 312.02 D Additional Disclosure
        • 312.02 E Notifications
Part II
Property
  • Chapter 1
    Attributes and Characteristics
    • Section 101
      Eligible Properties
    • Section 102
      Multiple Properties
      • 102.01 Multiple Parcels
    • Section 103
      Property Ownership; Leasehold
    • Section 104
      Ground Leased Properties
      • 104.01 Generally
      • 104.02 Ground Lease Rents
      • 104.03 Ground Lease Estoppel Certificate
      • 104.04 Ground Lease Review
    • Section 105
      Minimum Occupancy
    • Section 106
      Certificates of Occupancy
    • Section 107
      Phased Properties
    • Section 108
      Shared Use Properties
    • Section 109
      Commercial Leases
      • 109.01 Material Commercial Leases
      • 109.02 Non-Material Commercial Leases
      • 109.03 Short Term Rentals
    • Section 110
      Renewable Energy Generation Systems
    • Section 111
      Oil/Gas Wells and Mineral Exploration
    • Section 112
      Property Management and Agreement
  • Chapter 2
    Valuation and Income
    • Section 201
      Market Analysis
    • Section 202
      Income Analysis
    • Section 203
      Refinance Risk Analysis
      • 203.01 Base Assumptions
      • 203.02 Alternative Assumptions
    • Section 204
      Cash Out Analysis
    • Section 205
      Rent-Stabilized Properties
  • Chapter 3
    Legal Compliance
    • Section 301
      Zoning and Legally Non-Conforming Status
      • 301.01 Zoning and Legal Non-Conforming Use
      • 301.02 Legal Non-Conforming Characteristics
    • Section 302
      Easements
    • Section 303
      Liens and Encumbrances
    • Section 304
      Title Insurance
    • Section 305
      Survey
      • 305.01 Decision to Obtain a Survey
      • 305.02 Survey
      • 305.03 Decision Not to Obtain a Survey
      • 305.04 Location of Improvements
    • Section 306
      Security Interests in Personal Property
  • Chapter 4
    Lease Audits, Inspections, and Reserves
    • Section 401
      Lease Audit
    • Section 402
      Site Inspections
    • Section 403
      Brokered Transactions
    • Section 404
      Property Condition Assessment (PCA)
    • Section 405
      Completion/Repairs
      • 405.01 Property Evaluation
      • 405.02 Completion/Repairs Funding
      • 405.03 Life Safety Issues
      • 405.04 Verifying Completion/Repairs
    • Section 406
      Replacement Reserve
      • 406.01 Determining Replacement Reserve
      • 406.02 Replacement Reserve Funding
      • 406.03 Alternative Replacement Reserve Funding
    • Section 407
      Escrow Requirements for Taxes and Insurance
  • Chapter 5
    Property and Liability Insurance
    • Section 501
      Property Insurance
      • 501.01 General Insurance – Applies to All Policies
        • 501.01 A Generally
        • 501.01 B Blanket and Other Policies Covering Multiple Properties
        • 501.01 C Risk Retention Groups and Captive Insurance
        • 501.01 D Insurance Carrier Rating
        • 501.01 E Term
        • 501.01 F Payment of Premium
        • 501.01 G Evidence of Insurance
        • 501.01 H Insurance Exceptions
      • 501.02 Property Insurance
        • 501.02 A Minimum Coverage Amounts
        • 501.02 B Aggregate Deductibles
        • 501.02 C Business Income (including Rental Value) Insurance
        • 501.02 D Ordinance or Law Insurance
        • 501.02 E Equipment Breakdown or Boiler and Machinery Insurance
        • 501.02 F Builder’s Risk Insurance
        • 501.02 G Fidelity Bond / Crime Insurance
        • 501.02 H Regional Perils Insurance
    • Section 502
      Catastrophic Risk Insurance
      • 502.01 Generally
      • 502.02 Named Storm Insurance
      • 502.03 Flood Insurance
        • 502.03 A NFIP Policy
      • 502.04 Earthquake Insurance
      • 502.05 Terrorism Insurance
    • Section 503
      Environmental Matters
      • 503.01 Environmental Site Assessments
      • 503.02 Lender’s Responsibilities
      • 503.03 Environmental Indemnity Agreement
    • Section 504
      Seismic Risk
      • 504.01 Seismic Hazard and Risk Factors
      • 504.02 Seismic Risk Assessment (SRA)
      • 504.03 Acceptable Levels of Seismic Risk
      • 504.04 Seismic Retrofit Ordinances
      • 504.05 Seismic Risk Mitigants
Part III
Products and Features
  • Chapter 1
    Student Housing Properties
    • Section 101
      Description
      • 101.01 Student Housing Property
      • 101.02 Dedicated Student Housing Property
    • Section 102
      Generally
    • Section 103
      Dedicated Student Housing Property
    • Section 104
      Underwritten NCF
    • Section 105
      Replacement Reserve
  • Chapter 2
    Military Housing Properties
  • Chapter 3
    Moderate Rehabilitation Mortgage Loans
    • Section 301
      Description
    • Section 302
      Underwriting
    • Section 303
      Rehabilitation Work Costing More than $20,000 Per Unit
    • Section 304
      Supplemental Mortgage Loans
  • Chapter 4
    Green Mortgage Loans
    • Section 401
      Generally
      • 401.01 Description
      • 401.02 High Performance Building Module
      • 401.03 Green MBS
      • 401.04 Committing and Delivery
    • Section 402
      Green Building Certification
    • Section 403
      Green Rewards Mortgage Loans
      • 403.01 Eligibility
      • 403.02 Underwritten NCF
      • 403.03 Maximum Amount
      • 403.04 Supplemental Mortgage Loans
    • Section 404
      Annual Energy Reporting
  • Chapter 5
    Seniors Housing Properties
    • Section 501
      Generally
    • Section 502
      Eligible Properties
    • Section 503
      Continuing Care Retirement Communities (CCRCs)
    • Section 504
      Seniors Housing Property Income
    • Section 505
      Replacement Reserve
    • Section 506
      Medicaid Funds
    • Section 507
      Consultant Reports
  • Chapter 6
    Manufactured Housing Communities
    • Section 601
      Description
    • Section 602
      Lender Eligibility
    • Section 603
      Legal and Property Compliance
    • Section 604
      Property Insurance
    • Section 605
      Survey
      • 605.01 Public Roadways, Private Interior Roadways, and Drives
      • 605.02 Setbacks
      • 605.03 Encroachments
    • Section 606
      Property Income and Underwritten NCF
    • Section 607
      Replacement Reserve
  • Chapter 7
    Multifamily Affordable Housing Properties
    • Section 701
      Generally
    • Section 702
      MAH Property Eligibility
    • Section 703
      Property Income and Underwriting
    • Section 704
      Subordinate Financing
      • 704.01 Interest Rate and Payments
      • 704.02 Loan Term
      • 704.03 Collateral and Credit Support
      • 704.04 Soft Financing
      • 704.05 Subordinate Lender
      • 704.06 Developer's Notes
      • 704.07 Subordination Agreement
      • 704.08 Lien Priority and Title Insurance Policy
      • 704.09 Form of Subordinate Loan Documents
      • 704.10 Prepayment
      • 704.11 LIHTC Equity Bridge Loans
    • Section 705
      Restrictive Covenants and Affordable Regulatory Agreements
    • Section 706
      ROAR Loan
    • Section 707
      HAP Contract Properties
      • 707.01 Properties with Both HAP Contracts and LIHTC Units
      • 707.02 HAP Contract Review Sheet
    • Section 708
      Refinancing Section 236 Properties – IRP is Maintained
      • 708.01 No Additional Proceeds
      • 708.02 Additional Proceeds from Mortgage Loan
      • 708.03 Additional Proceeds from Other Sources
    • Section 709
      LIHTC Properties – Lender Equity Interest
    • Section 710
      Transactions with Fannie Mae Debt and Equity Interests
    • Section 711
      FHA Risk Sharing
      • 711.01 Description
      • 711.02 Eligibility
      • 711.03 Mortgage Insurance Premium
      • 711.04 Subsidy Layering Review
      • 711.05 Lender FHA Risk Sharing Reserve and Loss Sharing Modifications
  • Chapter 8
    Cooperative Properties
    • Section 801
      Description
    • Section 802
      Eligible Mortgage Loans
      • 802.01 Basic Conditions
      • 802.02 Financial Conditions
      • 802.03 Property Management Conditions
      • 802.04 Other Considerations
    • Section 803
      Underwriting
    • Section 804
      Income Analysis
    • Section 805
      Limited Equity Cooperative Properties
  • Chapter 9
    Small Mortgage Loans
    • Section 901
      Generally
    • Section 902
      Key Principal Guaranty Obligation
    • Section 903
      Occupancy
    • Section 904
      Corporate Leases; Leases to One Entity
    • Section 905
      Property Income Analysis
    • Section 906
      Property Management
    • Section 907
      Property Condition
    • Section 908
      Replacement Reserve
    • Section 909
      Environmental Matters and Inspections
    • Section 910
      Borrower, Key Principals, Guarantors, and Principals
      • 910.01 Borrower Organizational Structure
      • 910.02 Co-Tenant Borrowers
      • 910.03 Key Principals
      • 910.04 Principals
      • 910.05 Financial Statements
      • 910.06 Net Worth and Liquid Assets
    • Section 911
      Credit Reports
  • Chapter 10
    Adjustable Rate Mortgage (ARM) Loans
    • Section 1001
      Description
    • Section 1002
      Underwriting
    • Section 1003
      Prepayment Terms
    • Section 1004
      ARM 5/5 Loan Optional 5-Year Adjustable Rate Term Renewal Eligibility
  • Chapter 11
    Structured Adjustable Rate Mortgage (SARM) Loans
    • Section 1101
      Description
    • Section 1102
      Underwriting
    • Section 1103
      Actual Amortization Calculation
    • Section 1104
      Prepayment Terms
    • Section 1105
      Interest Rate Caps
      • 1105.01 Generally
      • 1105.02 Determining the Cap Strike Rate
      • 1105.03 Establishing Interest Rate Cap Reserves
      • 1105.04 Interest Rate Cap Contract Documentation and Delivery
  • Chapter 12
    Hybrid Adjustable Rate Mortgage (Hybrid ARM) Loans
    • Section 1201
      Description
    • Section 1202
      Interest Rate Conversion Date
    • Section 1203
      Prepayment Terms
    • Section 1204
      Monthly Principal and Interest Payments
  • Chapter 13
    Supplemental Mortgage Loans
    • Section 1301
      Description
    • Section 1302
      Supplemental Mortgage Loans
  • Chapter 14
    Split Mortgage Loans and Bifurcated Mortgage Loans
    • Section 1401
      Description
    • Section 1402
      Characteristics
  • Chapter 15
    Mezzanine Financing and Preferred Equity
    • Section 1501
      Mezzanine Financing
    • Section 1502
      Preferred Equity
  • Chapter 16
    Structured Transactions
    • Section 1601
      Description
    • Section 1602
      Credit Facilities
    • Section 1603
      Bulk Deliveries
  • Chapter 17
    Choice Refinance Loans
    • Section 1701
      Eligibility
    • Section 1702
      Lender Delegation
    • Section 1703
      Prepayment Premium and Origination Fees
    • Section 1704
      Streamlined Underwriting
    • Section 1705
      Property Ownership Change
  • Chapter 18
    Bond Transactions and Credit Enhancement Mortgage Loans
    • Section 1801
      Description
    • Section 1802
      Outside Counsel
    • Section 1803
      Third Parties
    • Section 1804
      Legal Documents
    • Section 1805
      Fannie Mae LIHTC Investment in Credit-Enhanced Bonds
    • Section 1806
      Credit Enhancing Fixed Rate Bonds
    • Section 1807
      Credit Enhancing Variable Rate Bonds
      • 1807.01 Terms
      • 1807.02 Principal Reserve Fund
      • 1807.03 Interest Rate Cap
      • 1807.04 Cap Strike Rate
      • 1807.05 Interest Rate Cap Reserve
      • 1807.06 Interest Rate Cap Reserve Adjustments
      • 1807.07 Interest Rate Cap Contract Documentation and Delivery
    • Section 1808
      Facility Fee
    • Section 1809
      Taxable Tails and Supplemental Mortgage Loans
    • Section 1810
      Third-Party Subordinate Financing
    • Section 1811
      Moderate Rehabilitation Mortgage Loan with Side-by-Side Bond Financing
  • Chapter 19
    Forward Commitments
  • Chapter 20
    Condominium Properties
  • Chapter 21
    Sponsor-Dedicated Workforce (SDW) Housing Properties
    • Section 2101
      Description
    • Section 2102
      Compliance
Part IV
Committing and Delivery
  • Chapter 1
    Pricing, Fees, and Prepayment Premiums
    • Section 101
      Pricing
    • Section 102
      Fees
    • Section 103
      Prepayment Premiums
  • Chapter 2
    Rate Lock and Committing
    • Section 201
      Pre-Commitment
      • 201.01 Borrower Commitment
      • 201.02 Trading Agreements
      • 201.03 Trading Practices
    • Section 202
      Obtaining a Rate Lock
      • 202.01 Rate Lock Period
      • 202.02 Rate Lock Amount
      • 202.03 Locking the Rate
    • Section 203
      Good Faith Deposits
      • 203.01 Borrower Deposit
      • 203.02 Minimum Good Faith Deposit
      • 203.03 Good Faith Deposit and Breakage Fees
    • Section 204
      Commitments
      • 204.01 Submission
      • 204.02 Confirmation
      • 204.03 Modifications
        • 204.03 A Change Requests
        • 204.03 B Rate Lock Extensions
        • 204.03 C Commitment Extensions
    • Section 205
      ASAP Options
  • Chapter 3
    Streamlined Rate Lock
    • Section 301
      Description
      • 301.01 Eligibility
      • 301.02 Timing
    • Section 302
      Preliminary Underwriting
    • Section 303
      Rate Lock
    • Section 304
      Commitment
    • Section 305
      Rate Lock and Commitment Extensions
    • Section 306
      Full Underwriting
      • 306.01 Rate Lock or Commitment Amount Changes
      • 306.02 Mortgage Loan Delivery Package
      • 306.03 Post-Underwriting Scenarios
    • Section 307
      Dual Commitment Option
      • 307.01 Description
      • 307.02 Additional Proceeds
  • Chapter 4
    Delivery
    • Section 401
      Delivery Deadline
    • Section 402
      Submission
      • 402.01 Data and Documents
      • 402.02 Participation Interests
    • Section 403
      Warehouse Lender
    • Section 404
      Wiring
      • 404.01 Wiring Instructions
      • 404.02 Wiring Payee Codes
    • Section 405
      Delivery
      • 405.01 Acceptability and Delivery Tolerance
      • 405.02 Data Changes
    • Section 406
      MBS Delivery Options
    • Section 407
      Delivery Problems and Changes
      • 407.01 Delivery Problems
      • 407.02 Changing the Book-Entry Date
    • Section 408
      Delivery Failure
  • Chapter 5
    Purchase
    • Section 501
      Generally
      • 501.01 Cash and MBS
      • 501.02 Delivery and Purchase
      • 501.03 C&D Purchase Notification
      • 501.04 Fannie Mae Loan Number
    • Section 502
      Purchase Amount
    • Section 503
      Third Party MBS Investor Delivery Scenarios
    • Section 504
      MBS Mortgage Loan Disclosure
      • 504.01 Multifamily MBS Prospectus
      • 504.02 Additional Disclosure
      • 504.03 Disclosure Obligations
    • Section 505
      ASAP
  • Chapter 6
    Structured Transactions
    • Section 601
      Registration
    • Section 602
      Approval
      • 602.01 Approval Documents
      • 602.02 Expiration Dates
      • 602.03 Fees
      • 602.04 Rate Lock
      • 602.05 Loan Documents
    • Section 603
      Commitment
      • 603.01 Generally
      • 603.02 MBS Mortgage Loans
      • 603.03 Cash Mortgage Loans
    • Section 604
      Delivery
      • 604.01 Delivery Process
      • 604.02 MSFMS Data Errors
    • Section 605
      MBS Disclosure
    • Section 606
      Features and Activities
      • 606.01 Process
      • 606.02 Asset Management Activities
  • Chapter 7
    Variable Rate Conversions and Renewals
    • Section 701
      Conversion Process
    • Section 702
      ARM Loan and SARM Loan Conversions
      • 702.01 Governing Documents
      • 702.02 Minimum Conversion Debt Service Ratio
      • 702.03 Conversion Criteria
      • 702.04 Guaranty Fee and Servicing Fee
      • 702.05 Interest-Only
      • 702.06 Fixed Rate Amortization
      • 702.07 Fixed Rate Debt Service Payments
      • 702.08 Fixed Rate MBS Trade Premium
      • 702.09 New Property Condition Assessment (PCA)
    • Section 703
      Commitment and Delivery
      • 703.01 Rate Lock and Commitment
      • 703.02 Conversion Delivery
        • 703.02 A Deliver Loan Document Amendments
        • 703.02 B Deliver Mortgage Loan Delivery Package
      • 703.03 Conversion Activities
      • 703.04 Pay Off
    • Section 704
      ARM 5/5 Optional 5-Year Adjustable Rate Term Renewal
      • 704.01 Eligibility
      • 704.02 Underwriting
      • 704.03 Prepayment Terms
  • Chapter 8
    Bond Transactions and Credit Enhancement Mortgage Loans
    • Section 801
      Credit Enhancement Mortgage Loan Committing and Delivery
      • 801.01 Pre-Commitment
      • 801.02 Preliminary Official Statement
      • 801.03 Good Faith Deposit
      • 801.04 Rate Lock
      • 801.05 Commitment
    • Section 802
      Data and Document Delivery
      • 802.01 Credit Enhancement Mortgage Loans
      • 802.02 Interest Rate Cap
Part V
Servicing and Asset Management
  • Chapter 1
    Servicing
  • Chapter 2
    Reporting and Remitting
    • Section 201
      Generally
    • Section 202
      Collection, Tracking and Reporting of Monthly P&I Payments and T&I Amounts
    • Section 203
      Reporting Loan Activity and Security Balance
    • Section 204
      Calculation of Interest Due
    • Section 205
      ARM Mortgage Loan Interest Rate and Monthly Payment Changes
    • Section 206
      Application of Monthly Payments
    • Section 207
      Payment Shortages
    • Section 208
      Delinquency and Servicing Advances
    • Section 209
      Remittance Procedures
      • 209.01 Definitions
      • 209.02 Monthly P&I Remittance Dates for Cash and MBS Transactions
      • 209.03 Cash Mortgage Loans – Transmitting the Remittance
      • 209.04 Additional Requirements for Monthly Remittance for Security Transactions
      • 209.05 Securitized Mortgage Loans – Remitting Fees to Fannie Mae
      • 209.06 Notification to Fannie Mae if Unable to Have Funds Available on any Remittance Date
    • Section 210
      Full Prepayments
    • Section 211
      Partial Prepayments Not From Insurance or Condemnation Proceeds
    • Section 212
      Prepayments (Full or Partial) Involving Insurance Proceeds or Condemnation Awards
    • Section 213
      Prepayment Premium Sharing
    • Section 214
      Maturing Mortgage Loans/Payoffs
    • Section 215
      Post-Payoff Actions
    • Section 216
      DUS Bond Credit Enhancement Transactions – Reporting and Remitting Requirements
      • 216.01 Monthly Bond Credit Enhancement Reporting
      • 216.02 Monthly Remittance Procedures
      • 216.03 Prepayments – General Introduction
      • 216.04 Prepayments – Processing
      • 216.05 Prepayments: Prepayment Reporting
      • 216.06 Prepayments: Remittances
      • 216.07 Reporting on Delinquency Status
    • Section 217
      Mezzanine Loan Reporting and Remitting
      • 217.01 Remitting DUS Plus Mezzanine Loans
      • 217.02 Payoffs
    • Section 218
      Defeasance
    • Section 219
      Delinquency Reporting and Certification
    • Section 220
      Reporting Collateral Balances in Custodial Accounts
      • 220.01 P&I Custodial Accounts
      • 220.02 Letters of Credit as Collateral
      • 220.03 Report on Fair Value Basis
      • 220.04 What to Report
      • 220.05 When to Report
    • Section 221
      Internal Revenue Service Reporting Requirements
  • Chapter 3
    Custodial Accounts
  • Chapter 4
    Asset Management: Loan Document Administration
    • Section 401
      Servicing Requirements
    • Section 402
      Delegation of Decision-Making Authority; Retention of Outside Legal Counsel
    • Section 403
      Execution of Documents by Servicer – Limited Power of Attorney
    • Section 404
      Execution of Documents by Fannie Mae
    • Section 405
      Fees Due to Fannie Mae
    • Section 406
      Follow-Up Actions by the Servicer
    • Section 407
      Subordinate Financing
    • Section 408
      Administration of Collateral Agreements
    • Section 409
      Interest Rate Hedge Requirements
    • Section 410
      Ground Leases
    • Section 411
      Notice of Lien or Noncompliance with Applicable Laws, Ordinances and Regulations
    • Section 412
      Property Forfeitures and Seizures
    • Section 413
      Property and Liability Insurance
    • Section 414
      Casualty Losses – Performing Mortgage Loans
    • Section 415
      Casualty Losses – Non-Performing Mortgage Loans
    • Section 416
      Credit Facilities and Bulk Deliveries
      • 416.01 General
      • 416.02 Delegation of Decisions
      • 416.03 Approval Requests
      • 416.04 Release and Substitution Requests
      • 416.05 Facility Revaluations
      • 416.06 Supplemental Mortgage Loans Not Permitted
      • 416.07 Additional Information
    • Section 417
      Seniors Housing Properties
    • Section 418
      Credit Enhancement Mortgage Loans and Multifamily Affordable Housing Properties
      • 418.01 Bond Transactions and Credit Enhancement Mortgage Loans
      • 418.02 Compliance Issues Relative to Bond Credit Enhancement Transactions
      • 418.03 Monitoring Compliance; Notification of Noncompliance
      • 418.04 Multifamily Affordable Housing (MAH) Properties
      • 418.05 Low-Income Housing Tax Credits
      • 418.06 HAP Contract Approval and Releasing Restabilization Reserve
    • Section 419
      MH Communities with Tenant Site Lease Protections
    • Section 420
      Single Asset Entity Conversion
    • Section 421
      Loan Document Amendments
    • Section 422
      Maturing Mortgage Loans
  • Chapter 5
    Surveillance
    • Section 501
      Generally
    • Section 502
      Property Inspections
    • Section 503
      Financial Analysis of Operations
    • Section 504
      Loan Agreement Compliance
    • Section 505
      OFAC Compliance
Appendix
Glossary
Chapter 7

Variable Rate Conversions and Renewals

Section 701

Conversion Process

Requirements

For 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. originated using Fannie Mae form Loan DocumentsLoan DocumentsAll Fannie Mae-approved documents evidencing, securing, or guaranteeing the Mortgage Loan. that automatically converts to a variable rate or a fixed rate per the Loan DocumentsLoan DocumentsAll Fannie Mae-approved documents evidencing, securing, or guaranteeing the Mortgage Loan. , you must comply with the Loan DocumentsLoan DocumentsAll Fannie Mae-approved documents evidencing, securing, or guaranteeing the Mortgage Loan. .

For 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. originated using non-Fannie Mae form Loan DocumentsLoan DocumentsAll Fannie Mae-approved documents evidencing, securing, or guaranteeing the Mortgage Loan. with a conversion option or other interest rate change (automatic or otherwise), you must

  • comply with the Loan DocumentsLoan DocumentsAll Fannie Mae-approved documents evidencing, securing, or guaranteeing the Mortgage Loan. , and
  • contact Multifamily AcquisitionsMultifamily AcquisitionsTeam that can be contacted at [email protected]. .

 You must use the following table to determine the conversion process.

For conversion of... You must...
An ARM Loan or a SARM Loan to fixed rate Comply with this Chapter.
A variable rate Mortgage Loan in a Structured Transaction to fixed rate Comply with Part IV, Chapter 2: Rate Lock and Committing.
A Hybrid ARM Loan to the adjustable rate term Comply with Part III, Chapter 12: Hybrid Adjustable Rate Mortgage (Hybrid ARM) Loans.
A variable rate Credit Enhancement Mortgage Loan to fixed rate Comply with Part III, Chapter 18: Bond Transactions and Credit Enhancement Mortgage Loans.

Guidance

For information about the ARM LoanARM LoanMortgage Loan with an interest rate that periodically adjusts based on an Index per the Note or Loan Documents. and SARM Loan conversion process, refer to Frequently Asked Questions (FAQs) Exercising the Fixed Rate Conversion Option for an Adjustable Rate Mortgage Loan (ARM Loan) or a Structured ARM Loan (SARM Loan).

Section 702

ARM Loan and SARM Loan Conversions

702.01

Governing Documents

Requirements

For interest rate conversions, you must comply with the following documents and order of priority:

  • Interest Rate Conversion AgreementInterest Rate Conversion AgreementDocument describing the terms and conditions when a Mortgage Loan interest rate may convert from an adjustable rate to a fixed rate. ;
  • Loan DocumentsLoan DocumentsAll Fannie Mae-approved documents evidencing, securing, or guaranteeing the Mortgage Loan. ; and
  • this Chapter.
702.02

Minimum Conversion Debt Service Ratio

Requirements

To convert... You must...
A Mortgage Loan to a fixed rate Confirm the Minimum Conversion Debt Service Ratio (per the Interest Rate Conversion AgreementInterest Rate Conversion AgreementDocument describing the terms and conditions when a Mortgage Loan interest rate may convert from an adjustable rate to a fixed rate. ) is met.
A Supplemental Mortgage Loan to a fixed rate

Confirm the Minimum Conversion Debt Service Ratio is met using the sum of

 

  • the current annual combined debt service of all Pre-Existing Mortgage LoansPre-Existing Mortgage LoansMultifamily residential real estate loan secured by Liens against the Property having higher priority than the Lien securing the Subordinate Loan purchased by Fannie Mae. (using the maximum interest rate for any variable rate Pre-Existing Mortgage LoanPre-Existing Mortgage LoanMultifamily residential real estate loan secured by Liens against the Property having higher priority than the Lien securing the Subordinate Loan purchased by Fannie Mae. ), plus
  • the annual debt service of the converted fixed rate Supplemental Mortgage LoanSupplemental Mortgage LoanMortgage Loan purchased by Fannie Mae that is subordinated to, and has a Mortgage Loan Origination Date after, the Senior Mortgage Loan that is also owned by Fannie Mae. .
702.03

Conversion Criteria

Requirements

You must comply with the following table.

Criteria You must...
DUS Gateway Enter delegated and non-delegated conversions in DUS GatewayDUS GatewayMultifamily pre-acquisition system, or any successor systems, recording deal registration, Pre-Review and/or waiver tracking, Mortgage Loan Commitments, and decision records. .
Effective Date Ensure the conversion is effective on a payment date (i.e., the 1st day of the month).
Conversion Timeline
  • For an ARM LoanARM LoanMortgage Loan with an interest rate that periodically adjusts based on an Index per the Note or Loan Documents. , exercise the conversion
    • after the 1st Loan YearLoan YearPeriod beginning on the date of the Note and ending on the last day of the month that is 12 full months after the date of the Note, and each successive 12-month period thereafter. , and
    • up to, and including, the last day of the 5th Loan YearLoan YearPeriod beginning on the date of the Note and ending on the last day of the month that is 12 full months after the date of the Note, and each successive 12-month period thereafter. .
  • For a SARM Loan, exercise the conversion
    • after the 1st Loan YearLoan YearPeriod beginning on the date of the Note and ending on the last day of the month that is 12 full months after the date of the Note, and each successive 12-month period thereafter. , and
    • up to, and including, the 1st day of the 3rd month before the Maturity DateMaturity DateDate all Mortgage Loan amounts become fully due and payable per the Loan Documents. .
Loan Term

Convert to a fixed rate 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. with a loan term

 

  • greater than or equal to 7 years, and
  • less than or equal to 10 years.
Underwriting

Underwrite the conversion as follows:

 

  • Base actual DSCRDSCROn an annual basis or any specified period, the ratio of Net Cash Flow to the total of:  principal, interest, and required Mezzanine Financing or Hard Pay Preferred Equity payments. on the trailing 12-month period from the most recent supportable actual operations per the Borrower’sBorrower’sPerson who is the obligor per the Note. PropertyPropertyMultifamily residential real estate securing the Mortgage Loan, including the fee simple or Leasehold interest, Improvements, and personal property (per the Uniform Commercial Code). financial statements.
  • Ensure actual DSCRDSCROn an annual basis or any specified period, the ratio of Net Cash Flow to the total of:  principal, interest, and required Mezzanine Financing or Hard Pay Preferred Equity payments. meets the minimum required DSCRDSCROn an annual basis or any specified period, the ratio of Net Cash Flow to the total of:  principal, interest, and required Mezzanine Financing or Hard Pay Preferred Equity payments. for a fixed rate 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. at the same Pricing and Underwriting TierPricing and Underwriting TierTier 1, Tier 2, Tier 3, or Tier 4 per the Multifamily Underwriting Standards (Form 4660). as the original ARM LoanARM LoanMortgage Loan with an interest rate that periodically adjusts based on an Index per the Note or Loan Documents. or SARM Loan.
  • Comply with the Loan Documentation RequirementsLoan Documentation RequirementsLoan Documents listed in Form 6000 applicable to the particular Mortgage Loan execution and/or product and features. (Form 6000).
702.04

Guaranty Fee and Servicing Fee

Requirements

You must calculate the Gross Note RateGross Note RateInterest rate stated in the Loan Documents. using the current Guaranty FeeGuaranty FeeFee retained by Fannie Mae for credit enhancing a Mortgage Loan or assuming credit risk on a Mortgage Loan, and which may be expressed as a percentage. and Servicing FeeServicing FeeFee a Servicer receives for collecting payments, managing operational procedures, and assuming your portion of credit risk for a Mortgage Loan, and which may be expressed as a percentage. for a fixed rate 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. in effect at Rate LockRate LockAgreement between you and the Investor containing the terms of the Lender-Arranged Sale or Multifamily Trading Desk trade of the Mortgage Loan and the MBS terms and conditions relating to the underlying MBS, if applicable, which may be documented via a recorded telephone conversation. .

702.05

Interest-Only

Requirements

If an interest-only ARM LoanARM LoanMortgage Loan with an interest rate that periodically adjusts based on an Index per the Note or Loan Documents. or SARM Loan converts during the interest-only period and the new loan term is less than the original term, you must ensure

  • the interest-only period does not carry over, and
  • fixed rate amortization begins immediately.

Guidance

If an interest-only ARM LoanARM LoanMortgage Loan with an interest rate that periodically adjusts based on an Index per the Note or Loan Documents. or SARM Loan converts during the interest-only period and the new loan term is greater than or equal to the original term, you may allow the remaining interest-only period to carry over to the fixed rate 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. .

702.06

Fixed Rate Amortization

Requirements

You must comply with the following table.

For ARM Loans and SARM Loans with... The fixed rate amortization term will be...
Full-term interest-only 360 months.
  • Partial interest-only or amortization,
  • a fixed rate term greater than or equal to the original ARM Loan or SARM Loan term, and
  • a most recent Property Condition Rating of 1 or 2
360 months.
Other characteristics

equal to

 

  • the original ARM LoanARM LoanMortgage Loan with an interest rate that periodically adjusts based on an Index per the Note or Loan Documents. or SARM Loan amortization term (in months), minus
  • the number of monthly payments (P&IP&IPrincipal and interest or interest-only) since the Mortgage Loan Origination DateMortgage Loan Origination DateDate you fund a Mortgage Loan to the Borrower. .
702.07

Fixed Rate Debt Service Payments

Operating Procedures

To calculate the fixed rate monthly P&IP&IPrincipal and interest payments, you must:

  1. Determine the amount required to repay 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. UPBUPBUnpaid Principal Balance .
  2. Divide the amount into equal monthly installments.
  3. Include interest accrued at the fixed rate over the amortization term perPart IV, Chapter 7: Variable Rate Conversions and Renewals, Section 702.06: Fixed Rate Amortization.
  4. Use a 30/360 interest accrual method, regardless of whether 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. uses a 30/360 or an actual/360 interest accrual method.
702.08

Fixed Rate MBS Trade Premium

Requirements

For premiums on fixed rate MBSMBSMortgage-Backed Security trades, you must comply with the Pricing MemoPricing MemoApplicable DUS Pricing Memo or non-DUS Pricing Memo communicating pricing for various products and features. .

702.09

New Property Condition Assessment (PCA)

Requirements

For any non-MAH PropertyMAH PropertyProperty encumbered by a regulatory agreement, land use restriction agreement, extended use agreement, or similar restriction that limits rents that can be charged to tenants, or imposes income limits on tenants. , you must obtain a new full PCAPCAAssessment of the Property's physical condition and historical operation. per Form 4099 if the conversion extends the term of the fixed rate 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. beyond the original term of the ARM LoanARM LoanMortgage Loan with an interest rate that periodically adjusts based on an Index per the Note or Loan Documents. or SARM Loan.

You must obtain a full PCAPCAAssessment of the Property's physical condition and historical operation. every 5 years for an MAH PropertyMAH PropertyProperty encumbered by a regulatory agreement, land use restriction agreement, extended use agreement, or similar restriction that limits rents that can be charged to tenants, or imposes income limits on tenants. per Part V, Chapter 4: Asset Management: Loan Document Administration, Section 408.04E: New Property Condition Assessments.

You must obtain the PCAPCAAssessment of the Property's physical condition and historical operation. by the earlier of

  • the final Loan YearLoan YearPeriod beginning on the date of the Note and ending on the last day of the month that is 12 full months after the date of the Note, and each successive 12-month period thereafter. of the ARM LoanARM LoanMortgage Loan with an interest rate that periodically adjusts based on an Index per the Note or Loan Documents. or SARM Loan if it had not been converted, or
  • Loan YearLoan YearPeriod beginning on the date of the Note and ending on the last day of the month that is 12 full months after the date of the Note, and each successive 12-month period thereafter. 10.
Section 703

Commitment and Delivery

703.01

Rate Lock and Commitment

Operating Procedures

When you receive the Borrower’sBorrower’sPerson who is the obligor per the Note. conversion notice for an ARM LoanARM LoanMortgage Loan with an interest rate that periodically adjusts based on an Index per the Note or Loan Documents. or a SARM Loan:

  • Perform your standard due diligence before obtaining a Rate LockRate LockAgreement between you and the Investor containing the terms of the Lender-Arranged Sale or Multifamily Trading Desk trade of the Mortgage Loan and the MBS terms and conditions relating to the underlying MBS, if applicable, which may be documented via a recorded telephone conversation. .
  • Ensure the quoted fixed rate is less than or equal to the maximum fixed rate used to determine Net Cash FlowNet Cash FlowOn an annual basis or any specified period, the total Net Operating Income, minus the full amount underwritten for Replacement Reserve expense, regardless of whether deposits will be made (per Part II, Chapter 2: Valuation and Income, Section 203: Income Analysis and the applicable products and….
  • Rate LockRate LockAgreement between you and the Investor containing the terms of the Lender-Arranged Sale or Multifamily Trading Desk trade of the Mortgage Loan and the MBS terms and conditions relating to the underlying MBS, if applicable, which may be documented via a recorded telephone conversation. with the BorrowerBorrowerPerson who is the obligor per the Note. for the quoted fixed rate by the 10th day of the month before the Conversion Date.
  • Submit your CommitmentCommitmentContractual agreement between you and Fannie Mae where Fannie Mae agrees to buy a Mortgage Loan at a future date in exchange for an MBS, or at a specific price for a Cash Mortgage Loan, and you agree to Deliver that Mortgage Loan. request in C&DC&DElectronic committing and delivery system used for issuing and confirming Commitments for acquiring Mortgage Loans, or any such successor system. .
  • Obtain a confirmed CommitmentCommitmentContractual agreement between you and Fannie Mae where Fannie Mae agrees to buy a Mortgage Loan at a future date in exchange for an MBS, or at a specific price for a Cash Mortgage Loan, and you agree to Deliver that Mortgage Loan. for the fixed rate 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. .
703.02

Conversion Delivery

703.02A

Deliver Loan Document Amendments

Operating Procedures

Step 1:  Execute and deliver the Rate Conversion Amendment.

  • Obtain the Borrower'sBorrower'sPerson who is the obligor per the Note. signature on the Rate Conversion Amendment. 
  • If you have a Limited Power of AttorneyLimited Power of AttorneyLegal document authorizing a Servicer to execute certain Loan Documents related to the asset management of a Mortgage Loan as attorney-in-fact on behalf of Fannie Mae. with Fannie Mae (per Part V, Chapter 4: Asset Management: Loan Document Administration, Section 403: Execution of Documents by Servicer – Limited Power of Attorney), you must
    • execute the Rate Conversion Amendment as Fannie Mae’s attorney-in-fact, and
    • include the executed document in the Mortgage Loan Delivery PackageMortgage Loan Delivery PackageLoan Documents and underwriting material required in connection with the Delivery of a Mortgage Loan. .
  • If you do not have a Limited Power of AttorneyLimited Power of AttorneyLegal document authorizing a Servicer to execute certain Loan Documents related to the asset management of a Mortgage Loan as attorney-in-fact on behalf of Fannie Mae. , you must:
    • deliver the Rate Conversion Amendment to Multifamily AcquisitionsMultifamily AcquisitionsTeam that can be contacted at [email protected]. who will execute and retain the original with the Mortgage Loan Delivery PackageMortgage Loan Delivery PackageLoan Documents and underwriting material required in connection with the Delivery of a Mortgage Loan. ; and
    • retain the returned, executed copy in your Servicing FileServicing FileYour file for each Mortgage Loan serviced. .

Step 2:  Determine if state law requires a Security InstrumentSecurity InstrumentInstrument creating a lien or encumbrance on 1 or more Properties and securing the Loan Document obligations. amendment for a change in 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. Maturity DateMaturity DateDate all Mortgage Loan amounts become fully due and payable per the Loan Documents. .

If an amendment is needed, you must:

  • obtain the Borrower'sBorrower'sPerson who is the obligor per the Note. signature; 
  • either:
    • execute the amendment if you have a Limited Power of AttorneyLimited Power of AttorneyLegal document authorizing a Servicer to execute certain Loan Documents related to the asset management of a Mortgage Loan as attorney-in-fact on behalf of Fannie Mae. with Fannie Mae (per Part V, Chapter 4: Asset Management: Loan Document Administration, Section 403: Execution of Documents by Servicer – Limited Power of Attorney); or
    • deliver the amendment to Multifamily AcquisitionsMultifamily AcquisitionsTeam that can be contacted at [email protected]. who will execute and return to you; and
  • ensure the executed amendment is recorded in the appropriate land records.
703.02B

Deliver Mortgage Loan Delivery Package

Operating Procedures

Step 1:  Prepare the Mortgage Loan Delivery PackageMortgage Loan Delivery PackageLoan Documents and underwriting material required in connection with the Delivery of a Mortgage Loan. , including all documents listed in Form 6000 as “Required upon Conversion” for an ARM LoanARM LoanMortgage Loan with an interest rate that periodically adjusts based on an Index per the Note or Loan Documents. or a SARM Loan.

Step 2:  DeliverDeliverSubmission of all correct, accurate, and certifiable documents, data, and information with all applicable documents properly completed, executed, and recorded as needed, and any deficiencies resolved to Fannie Mae’s satisfaction. the Mortgage Loan Delivery PackageMortgage Loan Delivery PackageLoan Documents and underwriting material required in connection with the Delivery of a Mortgage Loan. to Multifamily Certification and CustodyMultifamily Certification and CustodyTeam responsible for taking custody of and certifying Mortgage Loans that can be contacted at  [email protected], (800) 940-4646, or for submissions:  Fannie Mae (Multifamily) Certification and Custody 21240 Ridgetop Circle Suite 125-130 Sterling, VA  20166.

  • within 10 days after receiving the confirmed CommitmentCommitmentContractual agreement between you and Fannie Mae where Fannie Mae agrees to buy a Mortgage Loan at a future date in exchange for an MBS, or at a specific price for a Cash Mortgage Loan, and you agree to Deliver that Mortgage Loan. , and
  • by the DeliveryDeliverySubmission of all correct, accurate, and certifiable documents, data, and information with all applicable documents properly completed, executed, and recorded as needed, and any deficiencies resolved to Fannie Mae’s satisfaction. deadline.

Step 3:  DeliverDeliverSubmission of all correct, accurate, and certifiable documents, data, and information with all applicable documents properly completed, executed, and recorded as needed, and any deficiencies resolved to Fannie Mae’s satisfaction. the data and documents per Part IV, Chapter 4: Delivery.

Step 4:  Upload Form 4662 and relevant underwriting due diligence to DUSDUSDelegated Underwriting and Servicing DocWayDocWayBusiness-to-business electronic documentation delivery application, or any successor system. .

703.03

Conversion Activities

Operating Procedures

You must coordinate with Fannie Mae to ensure the following conversion activities occur.

You must... Fannie Mae will...
  • Issue a new fixed rate MBS Pool after completing the conversion process.
  • Deliver the converted fixed rate Mortgage Loan to Fannie Mae under the new confirmed Commitment.
  • Ensure the MBS trade has a Book-Entry Date no later than:
    • the 17th day of the month of the Conversion Effective Date for an MBS ARM Loan or SARM Loan; or
    • the 10th day of the month of the Conversion Effective Date for a Cash ARM Loan or SARM Loan.
  • Deposit the funds from the MBS trade into your applicable P&I Custodial Account. 
  • Issue the new fixed rate MBSMBSMortgage-Backed Security .
  • For a variable rate Cash Mortgage LoanCash Mortgage LoanMortgage Loan purchased by Fannie Mae in exchange for cash. , place it into the MBSMBSMortgage-Backed Security trade assignment account.
  • Transfer the MBSMBSMortgage-Backed Security to the MBS InvestorMBS InvestorFor MBS Mortgage Loans, either a Third Party MBS Investor for Lender-Arranged Sales, or the Multifamily Trading Desk. per your instruction on either the 10th or the 17th day of the month (as applicable) of the Conversion Effective Date.
703.04

Pay Off

Requirements

You must confirm, report, and remit funds to pay off the MBSMBSMortgage-Backed Security ARM LoanARM LoanMortgage Loan with an interest rate that periodically adjusts based on an Index per the Note or Loan Documents. or SARM Loan.

Operating Procedures

  1. Request MBSMBSMortgage-Backed Security payoff amount verification by submitting your calculation in the Fannie Mae Payoff Calculator per Part V, Chapter 2: Reporting and Remitting, Section 210: Full Prepayments.
  2. Send the payoff amount to Fannie Mae per the standard monthly remittance process in Part V, Chapter 2: Reporting and Remitting.
  3. For an MBSMBSMortgage-Backed Security ARM LoanARM LoanMortgage Loan with an interest rate that periodically adjusts based on an Index per the Note or Loan Documents. or SARM Loan,
    • report a $0 balance for the MBSMBSMortgage-Backed Security on the 1st or 2nd day of the month in which the Conversion Effective Date occurs, and
    • Fannie Mae will draft the funds due to the MBS InvestorMBS InvestorFor MBS Mortgage Loans, either a Third Party MBS Investor for Lender-Arranged Sales, or the Multifamily Trading Desk. .
Section 704

ARM 5/5 Optional 5-Year Adjustable Rate Term Renewal

704.01

Eligibility

Operating Procedures

To renew an ARM 5/5 Loan for a second 5-year adjustable rate term:

Timing before the initial Maturity Date You must...
At least 180 days
  • Notify Multifamily Asset ManagementMultifamily Asset ManagementTeam that can be contacted at [email protected]. that the ARM 5/5 Loan will be renewed for the second 5-year adjustable rate term.
  • Confirm the ARM 5/5 Loan complies with Part III, Chapter 10: Adjustable Rate Mortgage (ARM) Loans, Section 1004: ARM 5/5 Loan Optional 5-Year Adjustable Rate Term Renewal Eligibility.
  • Include preliminary DSCRDSCROn an annual basis or any specified period, the ratio of Net Cash Flow to the total of:  principal, interest, and required Mezzanine Financing or Hard Pay Preferred Equity payments. and LTVLTVRatio of the actual aggregate UPB of the Mortgage Loan, plus any Pre-Existing Mortgage Loans, plus any Hard Pay Preferred Equity, plus any Mezzanine Financing, to the value of the Property, expressed as a percentage.  calculations.
  • Estimate the starting interest rate for the second 5-year adjustable rate term, including the new InvestorInvestorMBS Investor for an MBS Mortgage Loan, or Fannie Mae for a Cash Mortgage Loan. spread.
At least 30 days

Provide Multifamily Asset ManagementMultifamily Asset ManagementTeam that can be contacted at [email protected]. with:

 

  • an updated ARM 5/5 Loan eligibility confirmation;
  • current DSCRDSCROn an annual basis or any specified period, the ratio of Net Cash Flow to the total of:  principal, interest, and required Mezzanine Financing or Hard Pay Preferred Equity payments. and LTVLTVRatio of the actual aggregate UPB of the Mortgage Loan, plus any Pre-Existing Mortgage Loans, plus any Hard Pay Preferred Equity, plus any Mezzanine Financing, to the value of the Property, expressed as a percentage.  calculations; and
  • an estimate of the starting interest rate for the second 5-year adjustable rate term, including the new InvestorInvestorMBS Investor for an MBS Mortgage Loan, or Fannie Mae for a Cash Mortgage Loan. spread. 
704.02

Underwriting

 Requirements

If an ARM 5/5 Loan is renewed for an additional 5 years, you must:

  • Use the same Guaranty FeeGuaranty FeeFee retained by Fannie Mae for credit enhancing a Mortgage Loan or assuming credit risk on a Mortgage Loan, and which may be expressed as a percentage. and Servicing FeeServicing FeeFee a Servicer receives for collecting payments, managing operational procedures, and assuming your portion of credit risk for a Mortgage Loan, and which may be expressed as a percentage. as the first 5-year adjustable rate term.
  • Adjust the InvestorInvestorMBS Investor for an MBS Mortgage Loan, or Fannie Mae for a Cash Mortgage Loan. spread for the second 5-year adjustable rate term based on current market conditions.
  • Adjust the monthly Replacement ReserveReplacement ReserveCustodial Account the Borrower funds during the Mortgage Loan term for Replacements. deposit to include required capital improvements during Loan YearsLoan YearsPeriod beginning on the date of the Note and ending on the last day of the month that is 12 full months after the date of the Note, and each successive 12-month period thereafter. 6 through 10, plus 2 additional years, per the original PCA ReportPCA ReportProperty Condition Assessment Report documenting the findings of a PCA. .
  • Not charge a Prepayment PremiumPrepayment PremiumFor a Mortgage Loan prepayment, amount the Borrower must pay in addition to the prepaid principal and accrued interest per the Loan Documents. .
704.03

Prepayment Terms

 Requirements

If an ARM 5/5 Loan is renewed for an additional 5 years:

  • no voluntary prepayment will be permitted during the 6th Loan YearLoan YearPeriod beginning on the date of the Note and ending on the last day of the month that is 12 full months after the date of the Note, and each successive 12-month period thereafter. (i.e., the 1st Loan YearLoan YearPeriod beginning on the date of the Note and ending on the last day of the month that is 12 full months after the date of the Note, and each successive 12-month period thereafter. of the second 5-year adjustable rate term); and
  • the ARM LoanARM LoanMortgage Loan with an interest rate that periodically adjusts based on an Index per the Note or Loan Documents. may be prepaid after the 6th Loan YearLoan YearPeriod beginning on the date of the Note and ending on the last day of the month that is 12 full months after the date of the Note, and each successive 12-month period thereafter. with a 1% Prepayment PremiumPrepayment PremiumFor a Mortgage Loan prepayment, amount the Borrower must pay in addition to the prepaid principal and accrued interest per the Loan Documents. , but no Prepayment PremiumPrepayment PremiumFor a Mortgage Loan prepayment, amount the Borrower must pay in addition to the prepaid principal and accrued interest per the Loan Documents. is due
    • during the last 3 months of the loan term, or
    • if the ARM LoanARM LoanMortgage Loan with an interest rate that periodically adjusts based on an Index per the Note or Loan Documents. converts to a fixed rate 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. .

The following table describes various situations and the applicable prepayment provisions for the second 5-year adjustable rate term for an ARM 5/5 Loan; see Part V, Chapter 2: Reporting and Remitting, Section 213: Prepayment Premium Sharing for Prepayment PremiumPrepayment PremiumFor a Mortgage Loan prepayment, amount the Borrower must pay in addition to the prepaid principal and accrued interest per the Loan Documents. calculations and sharing between you and Fannie Mae.

Situation Prepayment Provisions
ARM 5/5 Loan is renewed for a second 5-year adjustable rate term. BorrowerBorrowerPerson who is the obligor per the Note. does not owe a Prepayment PremiumPrepayment PremiumFor a Mortgage Loan prepayment, amount the Borrower must pay in addition to the prepaid principal and accrued interest per the Loan Documents. .
Borrower attempts to make a voluntary prepayment during the 6th Loan Year. BorrowerBorrowerPerson who is the obligor per the Note. may not make a voluntary prepayment during the 6th Loan YearLoan YearPeriod beginning on the date of the Note and ending on the last day of the month that is 12 full months after the date of the Note, and each successive 12-month period thereafter. (i.e., a voluntary prepayment is locked out).
ARM 5/5 Loan converts to a fixed rate Mortgage Loan after the 6th Loan Year. BorrowerBorrowerPerson who is the obligor per the Note. does not owe a Prepayment PremiumPrepayment PremiumFor a Mortgage Loan prepayment, amount the Borrower must pay in addition to the prepaid principal and accrued interest per the Loan Documents. .
Borrower makes a voluntary prepayment after the 6th Loan Year and before the 3 months prior to the extended Maturity Date for any reason other than a casualty or condemnation. BorrowerBorrowerPerson who is the obligor per the Note. owes a Prepayment PremiumPrepayment PremiumFor a Mortgage Loan prepayment, amount the Borrower must pay in addition to the prepaid principal and accrued interest per the Loan Documents. .
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