Fannie Owner Exception, Appraisals

Published on: Dec 16, 2024

On Dec. 11, Fannie exceptions to borrower ownership requirements.

  • Fannie issued SEL-2024-08 on HomeStyle Energy reports and loan agreements.
  • Added exceptions to borrower ownership requirement for limited cash-out refinances.
  • Encouraged use of home price indices and other market data to support value accuracy
  • HomeStyle Energy
  • As part of energy report requirements (Guide s. B5-3.3-01), borrowers must obtain a home energy report to identify the recommended energy improvements to property.
  • Currently, for HomeStyle Energy mortgages that require an energy report, the Selling Guide requires it to be dated no earlier than 120 days prior to the note date.
  • With this policy change, Fannie will allow an energy report for HomeStyle Energy mortgage, when required, to be dated no more than 24 months before the note date.
  • Limited Cash-Out Refinances
  • Added 2 exceptions to requirement that at least one borrower is an owner (on title) of the subject property at the time of initial application for a limited cash-out refinance.
  • Borrower on the new loan is currently financially obligated on the loan being paid off.
  • Specified that ownership must be transferred to the borrower(s) at time of closing.
  • Borrower is paying off an installment land contract that was executed more than 12 months prior to the application for the refinance; lender is required to document.
  • Clarified the payoff of an installment land contract executed more than 12 months before loan application is an acceptable use of a limited cash-out refinance transaction.
  • Updated Guide s. B2-1.3-02 (transactions) and B2-1.3-05 (payoff of land contracts).
  • Appraisal Time Adjustments
  • Use of home price indices (HPIs), statistical analysis, modeling, paired sales, or other commonly accepted methods are acceptable for supporting appraisal time adjustments
  • Encouraged use of these tools to provide supporting evidence for market trends.
  • Failure to make market-derived time adjustments when indicated by market data is an example of unacceptable appraisal practice (B4-1.1-04 on unacceptable practices).
  • Reminded that appraisal reports must summarize all supporting evidence and describe the data sources, tools, and techniques used to determine the overall valuation.
  • Updated Selling Guide sections B4-1.3-09 (adjustments to comparable sales).
  • HomeStyle Renovation Execution Date
  • Clarified that lender and borrower may execute the renovation loan agreement at any time during the closing process; however, agreement date must match the note date.
  • Updated guide section B5-3.2-06 (renovation contract, loan agreement, lien waiver).
  • Electronic Notarization
  • Updated list of States to include Maine for remote online notarization (s. A2-4.1-03).
  • For a subject property located in Maine, remote online notarization is permitted, including a remote online notarization taken by a notary outside of the State of Maine.
  • In accordance with the laws of the State in which the notarial act was performed.
  • Effectiveness
  • HomeStyle Energy report policy change may be implemented immediately.
  • Limited cash-out refinance borrower ownership exemptions take immediate effect.
  • Must implement appraisal policy changes for appraisals dated on/after Mar. 1, 2025.
Regulators
Fannie
Entity Types
Bank; CU; MG Orig; Servicer; Thrift
Reference
Nt SEL-2024-08, 12/11/2024;
Functions
Actuarial and Valuation; Compliance; Financial; Legal; Operations; Reporting; Underwriting
Countries
United States of America
Category
State
N/A
Products
Banking; Loan; Mortgage
Rule Type
Final
Regions
Am
Rule Date
Dec 11, 2024
Effective Date
Mar 1, 2025
Rule ID
236885
Linked to
N/A
Reg. Last Update
Dec 11, 2024
Report Section
US Banking