Exception #
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Program
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Exception Topic
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Guideline
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Exception
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Contingencies
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1
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Agency
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Unpermitted Additions
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Not Allowed
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Allowed
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-
If the non-permitted addition represents a legal use of the property under local zoning laws, the following criteria applies:
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The property must conform to the subject neighborhood and the market
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Comparable sales must include at least one property with a non-permitted addition
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The subject property complies with all investor guidelines
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The value assigned by the appraiser must be based on the contributory value of the addition, considering the quality of above -grade finished work. In some cases, no value will be given.
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The quality of the work is described in the appraisal and deemed acceptable (“workmanlike quality”) by the appraiser
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The addition does not result in a change in the number of units (e.g. a 1 unit property converted to 2 units (regardless of how the appraiser classifies the property with the addition)
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If the non-permitted addition represents an illegal use of the property under local zoning law, the following criteria applies:
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The illegal use must conform to the subject neighborhood and the market
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The property must be appraised based upon its current use
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The appraisal must report that the subject property/addition represents an illegal use
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The appraisal report must demonstrate that the subject property with the addition are typical for the market by providing at least three comparable sales that have the same illegal use
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Verification that the existence of the addition will not jeopardize future hazard insurance claims is required
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The appraiser needs to state that non-permitted additions are typical for the market area and a typical buyer would consider the "unpermitted" additional square footage to be part of the overall square footage of the property.
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The appraiser needs to state that he has no reason to believe the addition would not pass inspection for a permit.
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The quality of the work is described in the appraisal and deemed acceptable (“workmanlike quality”) by the appraiser
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The addition does not result in a change in the number of units (e.g. a 1 unit property converted to 2 units (regardless of how the appraiser classifies the property with the addition)
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If the non-permitted addition represents an illegal use that results in the property being illegally zoned, the property is not eligible
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Must have DU Approval
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Currently not available on: Texas Home Equity, DU Refi Plus
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2
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Agency
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Buyout of Spouse
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Considered
Cash Out
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Considered Rate/Term
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-
The property be jointly owned by the borrower and ex-spouse
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Both parties have been occupying for at least the last 12 months as their principal residence
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Must provide a signed divorce decree, or written agreement that states the terms of the property transfer and the proposed disposition of the proceeds from the refinance transaction
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The borrower who acquires the sole ownership must not receive any proceeds of the refinance, and must be able to qualify for the mortgage
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If the refinance combines the first with a Non-Purchase Money 2nd, it will be considered a “Cash-Out Transaction”
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Must not disregard the payment history before the date of the court assignment (i.e., divorce decree)
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Must have DU Approval
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Currently not available on: LIBOR ARMs (including High Balance), IO LIBOR ARMs, Premium, Texas Home Equity, DU Refi Plus
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3
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Agency
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Unpermitted Accessory Apartments (In-law Suites)
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Not Allowed
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Allowed
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-
DU Approval required
-
A one- or two-unit property that includes an accessory apartment (also referred to as a mother-in-law, mother-daughter, or granny unit) may be acceptable. A mortgage secured by a three- or four-unit property with an illegal accessory apartment is unacceptable. The appraiser must be advised of any information regarding the suite, including its legality when ordering the report.
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The local government must allow the property to be rebuilt if damaged or destroyed. The governing agency's (or official's) name should be identified in the report.
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No rental income will be counted from the accessory unit
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If the accessory apartment represents a legal use of the property under local zoning laws, the following criteria applies:
o The zoning or legal status must be a residential single family or two-family property. If the zoning is “two-unit” or “two-family”, the property should be approached under two- to four-family guidelines
o The property must conform to the subject neighborhood and the market
o The property must be appraised as a single family or two-family property
o Comparable sales must include at least one property that has use of an accessory unit (may be legal or illegal)
o The value assigned by the appraiser must be based on contributory value of the accessory unit, considering the quality of above grade finish work. In some cases, no value may be assigned
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If the accessory apartment represents an illegal use of the property under local zoning law, the following criteria applies:
o The illegal use conforms to the subject neighborhood and to the market
o The property must be appraised based upon its current use
o The appraisal must report that the subject property/accessory apartment represents an illegal use
o The appraisal report must demonstrate that the subject property/accessory apartment are typical for the market by providing at least three comparable sales that have the same illegal use.
o Verification that the existence of the illegal accessory unit will not jeopardize future hazard insurance claims is required
o Currently not available on: DU Refi Plus |
4
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Agency
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Anti-Flipping Policy
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LTVs ≤ 80%: 90 days on title
LTVs > 80%: 180 days on title
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Seller must have taken title to the property at least 1 day prior to the contract date.
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-
Guidance for underwriting flips can be found here: http://www.eprmg.net/ConfFlips.pdf
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The appraiser must report and analyze a minimum three-year sales history for the subject property.
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If there is an increase in value, the appreciation or improvements must be explained.
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If the value has increased by 15 percent or more in one year or 30 percent in three years from the original sales price the appraiser must analyze and explain the increase if due to a below market sale, such as a property in foreclosure. If the increase was due improvements, the appraiser must analyze, explain and the file must contain documentation such as contracts, receipts, and photographs.
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If the value has increased by 20 percent or more, a field review with at least two additional comps to support value is required.
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Must meet all requirements in the Anti-Flipping section of the guidelines
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Available for all occupancy types
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Currently not available on: Texas Home Equity, DU Refi Plus
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5
|
Agency
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Required Credit Scores
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Minimum 2 scores required
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1 score required
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-
Must have DU Approval
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Each borrower must have 2 trade lines with a minimum 12-month history OR 1 trade line with a minimum 12-month history and a 12-month housing reference evidenced by cancelled checks
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Currently not available on: LIBOR ARMs (including High Balance), Premium, Texas Home Equity
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6
|
Agency
|
Multiple Financed Properties
Owner Occupied
|
4 Maximum
|
No Limit
|
-
Currently available on all products.
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7
|
Agency
|
E2 Visa Type
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Not Allowed
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Allowed
|
-
Must meet all other requirements from guidelines for non-permanent resident aliens
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Currently not available on: LIBOR ARMs (including High Balance), Premium, Texas Home Equity
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8 |
Agency |
2-4 Unit PUD |
Not Allowed |
Allowed |
-
Currently not available on: LIBOR ARMs (including High Balance), Premium, Texas Home Equity
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|
9 |
Agency |
PUDs in Monetary Litigation |
Not Allowed |
Allowed |
-
Detached PUDs only
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Currently available on all products.
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|
10 |
Agency |
Recently Delisted Property - Rate and Term |
Must be delisted 30 days prior to application |
Must be delisted 1 year prior to application |
-
Currently available on all products
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11 |
Agency |
Owner Occupied – Disabled Child/Elderly Parent
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|
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12 |
Agency |
Cash-Out Transaction with Recently Delisted Property
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|
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13 |
Agency |
Paying Installment Debt
Down to < 10
Months to Qualify
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|
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14 |
Agency |
Paying Revolving Debt off to Qualify
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|
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15 |
Agency |
Current 2-4 Unit Primary Residence Converted to Investment Property
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|
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16 |
Agency |
Reserves on Current Primary Residence Converted to Investment Property
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17 |
Agency |
Borrowers Employed by Party to Transaction
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18 |
Agency |
Real Estate Agent also Loan Officer
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19 |
Agency |
Short Sale/Pre-foreclosure Sale
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|
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20 |
Agency |
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21 |
Agency |
Max LTV/CLTV on Owner Occupied Cash Out
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|
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22 |
Agency |
Max LTV/CLTV on Second Home Cash Out
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|
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23 |
Agency |
Max LTV/CLTV on NOO Cash Out
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24 |
Agency |
|
|
|
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25 |
Agency |
Condos on Investor’s Do Not Lend List
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|
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26 |
Agency |
|
|
|
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27 |
Agency |
Florida Condos – Special Area Designation (SAD Condos)
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|
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28 |
Agency |
Florida Condos – Limited Reviews
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|
|
|
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29 |
Agency |
Florida Condos – Max 75% LTV/CLTV
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|
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30 |
Agency |
Florida Condos – Second Homes
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|
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31 |
Agency |
Construction to Permanent Financing
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|
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32 |
Agency |
Mortgage Credit Certificates (MCC)
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|
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33 |
Agency |
|
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34 |
Agency |
|
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35 |
Agency |
|
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36 |
FHA |
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37 |
FHA |
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38 |
FHA |
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39 |
FHA |
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40 |
FHA |
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41 |
FHA |
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42 |
FHA |
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43 |
FHA |
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44 |
FHA |
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45 |
VA |
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46 |
VA |
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47 |
VA |
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