- Selling Guide /
- Part B: Origination Through Closing /
- Subpart B2: Eligibility /
- Chapter B2-2: Borrower Eligibility /
- https://selling-guide.fanniemae.com/sel/b2-2-05/inter-vivos-revocable-trusts B2-2-05, Inter Vivos Revocable Trusts
B2-2-05, Inter Vivos Revocable Trusts (10/31/2017)
- Overview
- Inter Vivos Revocable Trust as Eligible Mortgagor
- Lender Requirements
- Trust and Trustee Requirements
- Eligible Property and Occupancy Types
- Underwriting Considerations
- Title and Title Insurance Requirements
- Loan Delivery Data
Overview
Except as expressly provided elsewhere in the Selling Guide, Fannie Mae only accepts individuals as credit-qualifying borrowers. In addition, Fannie Mae normally deems property in which no borrower has an ownership interest as ineligible collateral. However, to accommodate the use of inter vivos trusts as an estate planning tool, Fannie Mae provides an exception for property held by inter vivos revocable trusts created by credit-qualifying borrowers.
Inter Vivos Revocable Trust as Eligible Mortgagor
An inter vivos revocable trust is a trust that
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an individual creates during their lifetime;
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becomes effective during its creator’s lifetime; and
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can be changed or canceled by its creator at any time, for any reason, during that individual’s lifetime.
Fannie Mae will accept an inter vivos revocable trust that has an ownership interest in the security property as an eligible mortgagor (a party to the security instrument) for all transaction types, provided it complies with the requirements in this topic.
Note: A trust must meet Fannie Mae’s revocability and other eligibility requirements at the time the loan is delivered. Trust eligibility is not affected if the trust documents contain a provision that the trust will, in the future, become irrevocable upon the death of one of the settlors. However, such a change in the trust structure after delivery of the mortgage loan may affect the eligibility of the trust as a mortgagor in a subsequent loan transaction.
Lender Requirements
A lender delivering a loan that has an inter vivos revocable trust as mortgagor is responsible for:
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determining that both the trust and the mortgage satisfy Fannie Mae eligibility criteria and documentation requirements;
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determining under the laws of the states in which it does business that it can originate mortgages to validly created inter vivos revocable trusts that meet the terms and conditions specified by Fannie Mae; and
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completing a review of the mortgage documentation, applicable state law, and the trust documents to ensure that title insurers provide full title insurance coverage without exceptions for the trust or the trustees for inter vivos revocable trusts in that state. (See Title and Title Insurance Requirements below for additional information.)
Legal document requirements are described in B8-5-02, Inter Vivos Revocable Trust Mortgage Documentation and Signature RequirementsB8-5-02, Inter Vivos Revocable Trust Mortgage Documentation and Signature Requirements. Also see E-2-04, Signature Requirements for Mortgages to Inter Vivos Revocable TrustsE-2-04, Signature Requirements for Mortgages to Inter Vivos Revocable Trusts, for signature requirements under different inter vivos revocable trust scenarios.
Trust and Trustee Requirements
The inter vivos revocable trust must be established by one or more natural persons, solely or jointly. The primary beneficiary of the trust must be the individual(s) establishing the trust. If the trust is established jointly, there may be more than one primary beneficiary as long as the income or assets of at least one of the individuals establishing the trust will be used to qualify for the mortgage.
The trustee(s) must include either:
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the individual establishing the trust (or at least one of the individuals, if there are two or more); or
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an institutional trustee that customarily performs trust functions in and is authorized to act as trustee under the laws of the applicable state.
The trustee(s) must have the power to mortgage the security property for the purpose of securing a loan to the individual (or individuals) who are the borrower(s) under the mortgage or deed of trust note.
Note: In the event the originally named trustee is unable or unwilling to serve, and the trust instrument has a mechanism for appointment of a successor trustee, the trust can properly act through the successor trustee.
Eligible Property and Occupancy Types
All property and occupancy types are eligible. For properties that are the borrower's principal residence, at least one individual establishing the trust must occupy the security property and sign the loan documents.
Underwriting Considerations
The loan must be underwritten with at least one individual establishing the trust as borrower. Additional individuals, including other individuals establishing the trust, may also be considered co-borrowers if those individuals’ credit will be used to qualify for the loan.
Title and Title Insurance Requirements
The lender must retain in the individual loan file a copy of any trust documents that the title insurance company required in making its determination on the title insurance coverage.
The following requirements apply to title and title insurance:
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Title held in the trust does not in any way diminish Fannie Mae’s rights as a creditor, including the right to have full title to the property vested in Fannie Mae should foreclosure proceedings have to be initiated to cure a default under the terms of the mortgage.
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The title insurance policy ensures full title protection to Fannie Mae.
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The title insurance policy states that title to the security property is vested in the trustee(s) of the inter vivos revocable trust.
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The title insurance policy does not list any exceptions with respect to the trustee(s) holding title to the security property or to the trust.
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Title to the security property is vested solely in the trustee(s) of the inter vivos revocable trust, jointly in the trustee(s) of the inter vivos revocable trust and in the name(s) of the individual borrower(s), or in the trustee(s) of more than one inter vivos revocable trust.
Loan Delivery Data
Only the information related to the individual(s) establishing the inter vivos revocable trust whose credit is used to qualify for the loan should be provided at the time of loan delivery, such as the borrower name and Social Security number. The name of the inter vivos revocable trust cannot be included within the loan delivery data.
A loan that has an inter vivos revocable trust as a mortgagor must be delivered with Special Feature Code 168 (in addition to any other special feature codes that may also be applicable to the transaction).
There are no recently issued Announcements related to this topic.
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Part A Doing Business with Fannie Mae
- Subpart A1, Approval Qualification
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Subpart A2, Lender Contract
- Chapter A2-1, Contractual Obligations for Sellers/Servicers
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Chapter A2-2, Contractual Representations and Warranties
- A2-2-01, Representations and Warranties Overview
- A2-2-02, Delivery Information and Delivery-Option Specific Representations and Warranties
- A2-2-03, Document Warranties
- A2-2-04, Limited Waiver and Enforcement Relief of Representations and Warranties
- A2-2-05, Invalidation of Limited Waiver of Representations and Warranties
- A2-2-06, Representations and Warranties on Property Value
- A2-2-07, Life-of-Loan Representations and Warranties
- Chapter A2-3, Lender Breach of Contract
- Chapter A2-4, Loan Files and Records
- Chapter A2-5, Fannie Mae Trade Name and Trademarks
- Subpart A3, Getting Started With Fannie Mae
- Subpart A4, Maintaining Seller/Servicer Eligibility
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Part B Origination Through Closing
- Subpart B1, Loan Application Package
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Subpart B2, Eligibility
- Chapter B2-1, Mortgage Eligibility
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Chapter B2-2, Borrower Eligibility
- B2-2-01, General Borrower Eligibility Requirements
- B2-2-02, Non–U.S. Citizen Borrower Eligibility Requirements
- B2-2-03, Multiple Financed Properties for the Same Borrower
- B2-2-04, Guarantors, Co-Signers, or Non-Occupant Borrowers on the Subject Transaction
- B2-2-05, Inter Vivos Revocable Trusts
- B2-2-06, Homeownership Education and Housing Counseling
- B2-2-07, First-Generation Homebuyer Loans
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Chapter B2-3, Property Eligibility
- B2-3-01, General Property Eligibility
- B2-3-02, Special Property Eligibility and Underwriting Considerations: Factory-Built Housing
- B2-3-03, Special Property Eligibility and Underwriting Considerations: Leasehold Estates
- B2-3-04, Special Property Eligibility Considerations
- B2-3-05, Properties Affected by a Disaster
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Subpart B3, Underwriting Borrowers
- Chapter B3-1, Manual Underwriting
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Chapter B3-2, Desktop Underwriter (DU)
- B3-2-01, General Information on DU
- B3-2-02, DU Validation Service
- B3-2-03, Risk Factors Evaluated by DU
- B3-2-04, DU Documentation Requirements
- B3-2-05, Approve/Eligible Recommendations
- B3-2-06, Approve/Ineligible Recommendations
- B3-2-07, Refer with Caution Recommendations
- B3-2-08, Out of Scope Recommendations
- B3-2-09, Erroneous Credit Report Data
- B3-2-10, Accuracy of DU Data, DU Tolerances, and Errors in the Credit Report
- B3-2-11, DU Underwriting Findings Report
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Chapter B3-3, Income Assessment
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Section B3-3.1, Employment and Other Sources of Income
- B3-3.1-01, General Income Information
- B3-3.1-02, Standards for Employment Documentation
- B3-3.1-03, Base Pay (Salary or Hourly), Bonus, and Overtime Income
- B3-3.1-04, Commission Income
- B3-3.1-05, Secondary Employment Income (Second Job and Multiple Jobs) and Seasonal Income
- B3-3.1-06, Requirements and Uses of IRS IVES Request for Transcript of Tax Return Form 4506-C
- B3-3.1-07, Verbal Verification of Employment
- B3-3.1-08, Rental Income
- B3-3.1-09, Other Sources of Income
- B3-3.1-10, Income Calculator
- Section B3-3.2, Self-Employment Income
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Section B3-3.3, Self-Employment Documentation Requirements for an Individual
- B3-3.3-01, General Information on Analyzing Individual Tax Returns
- B3-3.3-02, Income Reported on IRS Form 1040
- B3-3.3-03, Income or Loss Reported on IRS Form 1040, Schedule C
- B3-3.3-04, Income or Loss Reported on IRS Form 1040, Schedule D
- B3-3.3-05, Income or Loss Reported on IRS Form 1040, Schedule E
- B3-3.3-06, Income or Loss Reported on IRS Form 1040, Schedule F
- B3-3.3-07, Income or Loss Reported on IRS Form 1065 or IRS Form 1120S, Schedule K-1
- Section B3-3.4, Self-Employment Documentation Requirements for a Business
- Section B3-3.5, DU Requirements for Income Assessment
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Section B3-3.1, Employment and Other Sources of Income
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Chapter B3-4, Asset Assessment
- Section B3-4.1, General Asset Requirements
- Section B3-4.2, Verification of Depository Assets
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Section B3-4.3, Verification of Non-Depository Assets
- B3-4.3-01, Stocks, Stock Options, Bonds, and Mutual Funds
- B3-4.3-02, Trust Accounts
- B3-4.3-03, Retirement Accounts
- B3-4.3-04, Personal Gifts
- B3-4.3-05, Gifts of Equity
- B3-4.3-06, Grants and Lender Contributions
- B3-4.3-07, Disaster Relief Grants or Loans
- B3-4.3-08, Employer Assistance
- B3-4.3-09, Earnest Money Deposit
- B3-4.3-10, Anticipated Sales Proceeds
- B3-4.3-11, Trade Equity
- B3-4.3-12, Rent-Related Credits
- B3-4.3-13, Sweat Equity
- B3-4.3-14, Bridge/Swing Loans
- B3-4.3-15, Borrowed Funds Secured by an Asset
- B3-4.3-16, Credit Card Financing and Reward Points
- B3-4.3-17, Personal Unsecured Loans
- B3-4.3-18, Sale of Personal Assets
- B3-4.3-19, Cash Value of Life Insurance
- B3-4.3-20, Anticipated Savings and Cash-on-Hand
- B3-4.3-21, Borrower's Earned Real Estate Commission
- Section B3-4.4, DU Requirements for Asset Assessment
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Chapter B3-5, Credit Assessment
- Section B3-5.1, Credit Scores
- Section B3-5.2, Credit Reports
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Section B3-5.3, Traditional Credit History
- B3-5.3-01, Number and Age of Accounts
- B3-5.3-02, Payment History
- B3-5.3-03, Previous Mortgage Payment History
- B3-5.3-04, Inquiries: Recent Attempts to Obtain New Credit
- B3-5.3-05, Credit Utilization
- B3-5.3-06, Authorized Users of Credit
- B3-5.3-07, Significant Derogatory Credit Events — Waiting Periods and Re-establishing Credit
- B3-5.3-08, Extenuating Circumstances for Derogatory Credit
- B3-5.3-09, DU Credit Report Analysis
- Section B3-5.4, Nontraditional Credit History
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Chapter B3-6, Liability Assessment
- B3-6-01, General Information on Liabilities
- B3-6-02, Debt-to-Income Ratios
- B3-6-03, Monthly Housing Expense for the Subject Property
- B3-6-04, Qualifying Payment Requirements
- B3-6-05, Monthly Debt Obligations
- B3-6-06, Qualifying Impact of Other Real Estate Owned
- B3-6-07, Debts Paid Off At or Prior to Closing
- B3-6-08, DU: Requirements for Liability Assessment
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Subpart B4, Underwriting Property
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Chapter B4-1, Property Assessment and Valuation
- Section B4-1.1, General Appraisal Requirements
- Section B4-1.2, Documentation Standards
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Section B4-1.3, Appraisal Report Assessment
- B4-1.3-01, Review of the Appraisal Report
- B4-1.3-02, Subject and Contract Sections of the Appraisal Report
- B4-1.3-03, Neighborhood Section of the Appraisal Report
- B4-1.3-04, Site Section of the Appraisal Report
- B4-1.3-05, Improvements Section of the Appraisal Report
- B4-1.3-06, Property Condition and Quality of Construction of the Improvements
- B4-1.3-07, Sales Comparison Approach Section of the Appraisal Report
- B4-1.3-08, Comparable Sales
- B4-1.3-09, Adjustments to Comparable Sales
- B4-1.3-10, Cost and Income Approach to Value
- B4-1.3-11, Valuation Analysis and Reconciliation
- B4-1.3-12, Appraisal Quality Matters
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Section B4-1.4, Special Appraisal and Other Valuation Considerations
- B4-1.4-01, Factory-Built Housing: Manufactured Housing
- B4-1.4-02, Factory-Built Housing: Modular, Prefabricated, Panelized, or Sectional Housing
- B4-1.4-03, Condo Appraisal Requirements
- B4-1.4-04, Co-op Appraisal Requirements
- B4-1.4-05, Leasehold Interests Appraisal Requirements
- B4-1.4-06, Community Land Trust Appraisal Requirements
- B4-1.4-07, Mixed-Use Property Appraisal Requirements
- B4-1.4-08, Environmental Hazards Appraisal Requirements
- B4-1.4-09, Special Assessment or Community Facilities Districts Appraisal Requirements
- B4-1.4-10, Value Acceptance (Appraisal Waiver)
- B4-1.4-11, Value Acceptance + Property Data
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Chapter B4-2, Project Standards
- Section B4-2.1, General Project Standards
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Section B4-2.2, Project Eligibility
- B4-2.2-01, Limited Review Process
- B4-2.2-02, Full Review Process
- B4-2.2-03, Full Review: Additional Eligibility Requirements for Units in New and Newly Converted Condo Projects
- B4-2.2-04, Geographic-Specific Condo Project Considerations
- B4-2.2-05, FHA-Approved Condo Review Eligibility
- B4-2.2-06, Project Eligibility Review Service (PERS)
- B4-2.2-07, Projects with Special Considerations and Project Eligibility Waivers
- Section B4-2.3, PUD and Co-op Eligibility Requirements
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Chapter B4-1, Property Assessment and Valuation
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Subpart B5, Unique Eligibility and Underwriting Considerations
- Chapter B5-1, High-Balance Mortgage Loans
- Chapter B5-2, Manufactured Housing
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Chapter B5-3, Construction and Energy Financing
- Section B5-3.1, Conversion of Construction-to-Permanent Financing
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Section B5-3.2, HomeStyle Renovation Mortgage
- B5-3.2-01, HomeStyle Renovation Mortgages
- B5-3.2-02, HomeStyle Renovation Mortgages: Loan and Borrower Eligibility
- B5-3.2-03, HomeStyle Renovation Mortgages: Collateral Considerations
- B5-3.2-04, HomeStyle Renovation Mortgages: Costs and Escrow Accounts
- B5-3.2-05, HomeStyle Renovation Mortgages: Completion Certification
- B5-3.2-06, HomeStyle Renovation: Renovation Contract, Renovation Loan Agreement, and Lien Waiver
- Section B5-3.3, HomeStyle Energy Mortgages
- Section B5-3.4, Property Assessed Clean Energy Loans
- Chapter B5-4, Property-Specific Products
- Chapter B5-5, Community Seconds, Loans with Resale Restrictions, and Shared Equity Transactions
- Chapter B5-6, HomeReady Mortgage
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Chapter B5-7, High Loan-to-Value Refinance Option
- B5-7-01, High LTV Refinance Loan and Borrower Eligibility
- B5-7-02, High LTV Refinance Underwriting, Documentation, and Collateral Requirements for the New Loan
- B5-7-03, High LTV Refinance Alternative Qualification Path
- B5-7-04, High LTV Refinance Representations and Warranties
- B5-7-05, High LTV Refinance Pricing, Mortgage Insurance, and Special Feature Codes
- Subpart B6, Government Programs Eligibility and Underwriting Requirements
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Subpart B7, Insurance
- Chapter B7-1, Mortgage Insurance/Loan Guaranty
- Chapter B7-2, Title Insurance
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Chapter B7-3, Property and Flood Insurance
- B7-3-01, General Property Insurance Requirements for All Property Types
- B7-3-02, Property Insurance Requirements for One-to Four-Unit Properties
- B7-3-03, Master Property Insurance Requirements for Project Developments
- B7-3-04, Individual Property Insurance Requirements for a Unit in a Project Development
- B7-3-05, Additional Insurance Requirements
- B7-3-06, Flood Insurance Requirements for All Property Types
- B7-3-07, Evidence of Property Insurance
- B7-3-08, Mortgagee Clause, Named Insured, and Notice of Cancellation Requirements
- Chapter B7-4, Liability and Fidelity/Crime Insurance Requirements for Project Developments
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Subpart B8, Closing: Legal Documents
- Chapter B8-1, General Information on Legal Documents
- Chapter B8-2, Security Instruments
- Chapter B8-3, Notes
- Chapter B8-4, Riders and Addenda
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Chapter B8-5, Special-Purpose Legal Documents
- B8-5-01, General Information on Special-Purpose Legal Documents
- B8-5-02, Inter Vivos Revocable Trust Mortgage Documentation and Signature Requirements
- B8-5-03, HomeStyle Renovation Mortgage Documentation Requirements
- B8-5-04, Sample Legal Documents
- B8-5-05, Requirements for Use of a Power of Attorney
- Chapter B8-6, Mortgage Assignments
- Chapter B8-7, Mortgage Electronic Registration System (MERS)
- Chapter B8-8, Sale of eMortgages to Fannie Mae
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Part C Selling, Securitizing, and Delivering Loans
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Subpart C1, General Information on Execution Options and Loan Delivery
- Chapter C1-1, Execution Options Overview
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Chapter C1-2, Loan Delivery Overview
- C1-2-01, General Information on Delivering Loan Data and Documents
- C1-2-02, Loan Data and Documentation Delivery Requirements
- C1-2-03, Ownership of Mortgage Loans Prior to Purchase or Securitization and Third-Party Security Interests
- C1-2-04, Delivering eMortgages to Fannie Mae
- C1-2-05, Delivering Green MBS to Fannie Mae
- C1-2-06, Bailee Letters
- Chapter C1-3, Loan Remittance Types Overview
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Subpart C2, Whole Loan Transactions
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Chapter C2-1, Mandatory and Best Efforts Commitments to Sell Whole Loans
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Section C2-1.1, Mandatory Commitments to Sell Whole Loans
- C2-1.1-01, Mandatory Commitment Process
- C2-1.1-02, General Information about Mandatory Commitment Pricing and Fees
- C2-1.1-03, Mandatory Commitment Terms, Amounts, Periods and Other Requirements
- C2-1.1-04, Mandatory Commitment Extensions and Pair-Offs
- C2-1.1-05, Servicing Fees
- C2-1.1-06, Accrued Interest Payments for Regularly Amortizing Mortgages
- C2-1.1-07, Standard ARM and Converted ARM Resale Commitments
- Section C2-1.2, Best Efforts Commitments to Sell Whole Loans
- Section C2-1.3, Servicing Execution Tool to Sell Whole Loans
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Section C2-1.1, Mandatory Commitments to Sell Whole Loans
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Chapter C2-2, Whole Loan Deliveries to and Purchasing by Fannie Mae
- C2-2-01, General Requirements for Good Delivery of Whole Loans
- C2-2-02, Documentation Requirements for Whole Loan Deliveries
- C2-2-03, General Information on Whole Loan Purchasing Policies
- C2-2-04, Timing of Distribution of Whole Loan Purchase Proceeds
- C2-2-05, Whole Loan Purchasing Process
- C2-2-06, Authorization to Transfer Funds
- C2-2-07, Purchase Payee Codes
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Chapter C2-1, Mandatory and Best Efforts Commitments to Sell Whole Loans
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Subpart C3, Mortgage-Backed Securities (MBS)
- Chapter C3-1, MBS Program Overview
- Chapter C3-2, MBS Securitization Process
- Chapter C3-3, MBS Guaranty Fees and Guaranty Fee Buyups and Buydowns
- Chapter C3-4, Pooling Loans into Fixed-Rate MBS
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Chapter C3-5, Pooling Loans into ARM MBS
- C3-5-01, Creating Weighted-Average ARM MBS
- C3-5-02, Calculating the Weighted-Average Pool Accrual Rates for ARM Flex Pools Using a Fixed MBS Margin
- C3-5-03, Calculating the Weighted-Average Pool Accrual Rates for ARM Flex Pools Using a Weighted-Average MBS Margin
- C3-5-04, Pooling ARMs with a Conversion Option
- C3-5-05, Commingling ARMs in MBS
- Chapter C3-6, Pooling Loans into Fannie Majors
- Chapter C3-7, Delivering and Trading MBS
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Subpart C1, General Information on Execution Options and Loan Delivery
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Part D Ensuring Quality Control (QC)
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Subpart D1, Lender QC Process
- Chapter D1-1, Lender Quality Control Process
- Chapter D1-2, Lender Prefunding QC Mortgage Review
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Chapter D1-3, Lender Post-Closing QC Mortgage Review
- D1-3-01, Lender Post-Closing Quality Control Review Process
- D1-3-02, Lender Post-Closing Quality Control Review of Approval Conditions, Underwriting Decisions, and Documentation
- D1-3-03, Lender Post-Closing Quality Control Review of Data Integrity
- D1-3-04, Lender Post-Closing Quality Control Review of Appraisers, Appraisals, Property Data Collectors, and Property Data Collection
- D1-3-05, Lender Post-Closing Quality Control Review of Closing Documents
- D1-3-06, Lender Post-Closing Quality Control Reporting, Record Retention, and Audit
- Subpart D2, Fannie Mae QC Process
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Subpart D1, Lender QC Process
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Part E Quick Reference Materials
- Chapter E-1, Selling Guide Resources
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Chapter E-2, Exhibits
- E-2-01, Required Custodial Documents
- E-2-02, Suggested Format for Phase I Environmental Hazard Assessments
- E-2-03, Revocable Trust Rider (Sample Language)
- E-2-04, Signature Requirements for Mortgages to Inter Vivos Revocable Trusts
- E-2-05, Servicing Marketplace — Mortgage Loan Servicing Purchase and Sale Agreement
- E-2-06, Correcting Errors in eNotes
- E-2-07, Description of eNote Header, Footer, and eNote Clause
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Chapter E-3, Acronyms and Glossary of Defined Terms
- E-3-01, Acronyms and Glossary of Defined Terms: A
- E-3-02, Acronyms and Glossary of Defined Terms: B
- E-3-03, Acronyms and Glossary of Defined Terms: C
- E-3-04, Acronyms and Glossary of Defined Terms: D
- E-3-05, Acronyms and Glossary of Defined Terms: E
- E-3-06, Acronyms and Glossary of Defined Terms: F
- E-3-07, Acronyms and Glossary of Defined Terms: G
- E-3-08, Acronyms and Glossary of Defined Terms: H
- E-3-09, Acronyms and Glossary of Defined Terms: I
- E-3-10, Acronyms and Glossary of Defined Terms: J
- E-3-11, Acronyms and Glossary of Defined Terms: K
- E-3-12, Acronyms and Glossary of Defined Terms: L
- E-3-13, Acronyms and Glossary of Defined Terms: M
- E-3-14, Acronyms and Glossary of Defined Terms: N
- E-3-15, Acronyms and Glossary of Defined Terms: O
- E-3-16, Acronyms and Glossary of Defined Terms: P
- E-3-17, Acronyms and Glossary of Defined Terms: Q
- E-3-18, Acronyms and Glossary of Defined Terms: R
- E-3-19, Acronyms and Glossary of Defined Terms: S
- E-3-20, Acronyms and Glossary of Defined Terms: T
- E-3-21, Acronyms and Glossary of Defined Terms: U
- E-3-22, Acronyms and Glossary of Defined Terms: V
- E-3-23, Acronyms and Glossary of Defined Terms: W
- E-3-24, Acronyms and Glossary of Defined Terms: X
- E-3-25, Acronyms and Glossary of Defined Terms: Y
- E-3-26, Acronyms and Glossary of Defined Terms: Z