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Fannie Mae Rules for Seller-Held Seconds:

  • No negative amortization
  • No balloon within 5 years
  • Market rate of interest – must be within 2% of current standard rates for 2nd mortgages
  • No wrap-around with fist mortgage debt
  • Must fully amortize and have regular payments
  • No prepayment penalty
  • Cannot restrict pre-payment
  • Must qualify with payment in the housing ratio
  • Variable payment mortgages okay as long as they comply with all of the above and the payment remains the same for a 12-month time period.

Freddie Mac Rules for Seller-Held Seconds:

  • No negative amortization
  • No balloon with 5 years
  • Regular monthly payments
  • Must qualify with payment in housing ratio
  • Must disclose terms to appraiser, including who is going to hold the 2nd mortgage
  • Rate on 1st mortgage must be fixed rate loan; rate on 2nd can be ARM or buy down
  • Variable rate loans ok if the payment remains constant for 12 months over the life of the loan and the rate cannot increase more than 1% each 12-month time period.
Always be sure and check with the new first mortgage lien holder to make sure that there are no overlays or rules prohibiting seller held second trusts.

Posted by Phil Goldberg on December 29th, 2010 12:05 PMPost a Comment (0)

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