Freddie Mac Single-Family Seller/Servicer Guide 5501.4 — Other sources of funds
Freddie Mac Single-Family Seller/Servicer Guide Section 5501.4 — Other sources of funds.
Verbatim regulatory text
Verbatim provisions from Freddie Mac Single-Family Seller/Servicer Guide 5501.4 — Other sources of funds — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
Freddie Mac Single-Family Seller/Servicer Guide 5501.4 — Other sources of funds
4 sections · 11,551 characters of verbatim text. Open a section to read it, or . Every section below is in the page source whether open or closed.
§Sources of funds eligible to be used to qualify the Borrower…774 ch
Sources of funds eligible to be used to qualify the Borrower other than those in Section 5501.3 and the eligibility and documentation requirements are described in the tables below. These requirements apply to all funds used to qualify the Borrower, including reserves. Any limitations on the use of an asset type are specified in the tables. Note: See Section 4501.7(c)(ii) for other eligible sources of funds for Home Possible® Mortgages and Section 4504.7(c)(ii) for other eligible sources of funds for HeritageOne® Mortgages. This section contains requirements related to: ■ Gift or grant funds ■ Individual Development Account (IDA) – Agency matching funds subject to Recapture ■ Proceeds from an unsecured loan that is an Employer Assisted Homeownership (EAH) Benefit
aGift or grant funds The following table contains eligibility and…8,919 ch
(a) Gift or grant funds The following table contains eligibility and documentation requirements for gift or grant funds: Gift or grant funds Asset type and eligibility requirements Documentation requirements 1. Gift funds Gift funds are an eligible source of funds for a Mortgage secured by a Primary Residence or second home provided that funds do not have to be repaid and the donor is one of the following: ■ A Related Person Gift letter and evidence of receipt of the gift funds. Gift letter must: ■ Be signed by the donor and meet the following requirements: ❑ When the donor is a business owned by a Related Person, the gift letter must be signed by the Related Gift or grant funds Asset type and eligibility requirements Documentation requirements ■ A business owned by a Related Person ■ A trust established by a Related Person ■ The estate of a Related Person When a Mortgage is secured by a second home and the loan-to-value (LTV)/total LTV (TLTV)/Home Equity Line of Credit (HELOC) (HTLTV) ratio is greater than 80%, the gift funds are permitted only if the Borrower has made a Down Payment of at least 5% from Borrower personal funds as described in Section 5501.3. Gift funds must be transferred directly from the donor’s account in a financial institution to the Borrower’s account or to the settlement or closing agent. Exception: For earnest money deposits, the donor may also provide the gift funds directly to a builder or real estate agent. Note: Gift funds are not an eligible source of funds for Investment Property Mortgages. Person with ownership interest in the business ❑ When the donor is a trust, the gift letter must be signed by the trustee ❑ When the donor is an estate, the gift letter must be signed by the authorized representative of the estate ■ State the donor’s name and that the funds are given by a Related Person, a business owned by a Related Person, a trust established by a Related Person or the estate of a Related Person, as applicable ■ Include the donor’s mailing address and telephone number. When the donor is a business, trust or an estate, provide the mailing address and telephone number of the business, trustee or authorized representative, as applicable. ■ State the actual or the maximum amount of the gift funds ■ Establish that the gift funds are a gift that does not have to be repaid ■ When the donor is a business owned by a Related Person, state that the Related Person has an ownership interest in the business Receipt of gift funds must be documented by one of the following: ■ Transfer of funds from the donor’s account in a financial institution to the Borrower’s account (e.g., copies of bank statements from both the donor and the Borrower’s accounts, a copy of a canceled gift check or a copy of a donor’s withdrawal slip and the Borrower’s deposit slip) Gift or grant funds Asset type and eligibility requirements Documentation requirements ■ Transfer of the funds from the donor’s account in a financial institution to the settlement or closing agent (e.g., a copy of a cashier’s check or wire transfer confirmation) ■ For an earnest money deposit paid by the donor directly to the builder or real estate agent, transfer of funds from the donor’s account in a financial institution to the earnest money deposit holder (e.g., a copy of a canceled gift check, a copy of a cashier’s check or wire transfer confirmation) ■ Funds transferred using a third-party money transfer application or service are acceptable only when the documentation in the Mortgage file evidences that the funds were transferred using the application or service directly from the donor’s bank account to the Borrower’s bank account or to the settlement or closing agent 2. Gift funds received as a wedding gift Gift funds received as a wedding gift from unrelated persons and/or Related Persons are an eligible source of funds for a Mortgage secured by Primary Residence. The gift funds must be on deposit in the Borrower’s depository account within 90 days of the date of the marriage license or certificate. All of the following: ■ The marriage license or certificate ■ A verification of the gift funds in the Borrower’s depository account Gift or grant funds Asset type and eligibility requirements Documentation requirements 3. Gift funds received as a graduation gift Gift funds received as a graduation gift from unrelated persons and/or Related Persons are an eligible source of funds for a Mortgage secured by a Primary Residence. The gift funds must be on deposit in the Borrower’s depository account within 90 days of the date of graduation. All of the following: ■ Evidence of graduation from an educational institution (e.g., diploma or transcripts) that supports the date of graduation ■ A verification of the gift funds in the Borrower’s depository account 4. Gift of equity A gift of equity is a credit to the Borrower from the property seller’s equity in the subject property. A gift of equity must not used as: ■ A source of funds for reserves ■ Cash back to the Borrower A gift of equity is an eligible source of funds for a Mortgage secured by a Primary Residence or second home provided the gift of equity does not have to be repaid and the donor is one of the following: ■ A Related Person ■ A business owned by a Related Person ■ A trust established by a Related Person ■ The estate of a Related Person When a Mortgage is secured by a second home and the LTV/TLTV/HTLTV ratio is greater than 80%, a gift of equity is permitted only if the Borrower has made a Down Payment of at least 5% from Borrower personal funds as described in Section 5501.3. Note: A gift of equity is not an eligible source of funds for Investment Property Mortgages. Gift letter and evidence of receipt of the gift of equity. ■ Gift letter must: ❑ Be signed by the donor and meet the following requirements: ■ When the gift is provided by a business owned by a Related Person, the gift letter must be signed by the Related Person ■ When the gift is provided by a trust, the gift letter must be signed by the trustee ■ When the gift is provided by an estate, the gift letter must be signed by the authorized representative of the estate ❑ State the donor’s name and that the gift of equity is given by a Related Person, a business owned by a Related Person, a trust established by a Related Person or the estate of a Related Person, as applicable ❑ Include the donor’s mailing address and telephone number. When the donor is a business, trust or an estate, provide the mailing address and telephone number of the business, trustee or authorized representative, as applicable. ❑ State the actual or the maximum amount of the gift of equity ❑ Establish that the gift of equity does not have to be repaid ❑ When the donor is a business owned by a Related Person, state the Related Person has an ownership interest in the business ■ Receipt of the gift of equity must be reflected on the Settlement/Closing Disclosure Statement Gift or grant funds Asset type and eligibility requirements Documentation requirements 5. A gift or grant from an Agency A gift or grant from an Agency that does not have to be repaid is an eligible source of funds provided that: ■ The gift or grant is given pursuant to an established program ■ The Agency is not an interested party (as described in Section 5501.6) ■ The funds were not obtained from an interested party either directly or through a third party; and ■ With respect to the subject Mortgage, the Agency must not: ❑ Be the Seller or have participated in any aspect of the Mortgage origination process ❑ Be affiliated with, under contract to or financed (directly or indirectly) by the Seller or any party that participated in the Mortgage origination process. For these purposes, “affiliated with” means that the Agency and the Seller or other party are related to each other as a consequence of one entity directly or indirectly controlling the other party, being controlled by the other party or being under Documentation supporting a gift or grant from an Agency. Examples of acceptable documentation include copies of grant program materials, award letters or terms and conditions provided to the Borrower. The documentation must: ■ Establish that the funds were provided by an Agency ■ Establish that the organization has an established gift or grant program ■ Establish that the funds are a gift or grant that does not have to be repaid ■ Provide evidence that the funds were received by the Borrower or by the Seller on the Borrower’s behalf ■ Identify the donor’s mailing address Gift or grant funds Asset type and eligibility requirements Documentation requirements common control with that party. Gifts and grants from Agencies are not eligible sources of funds for second home and Investment Property Mortgages. Note: For special requirements for gifts or grants from Agencies for HeritageOne Mortgages, see Section 4504.7(c)(ii).
bIDA – Agency matching funds subject to Recapture The following…1,266 ch
(b) IDA – Agency matching funds subject to Recapture The following table contains eligibility and documentation requirements for IDA – Agency matching funds subject to Recapture: IDA – Agency matching funds subject to Recapture Asset type and eligibility requirements Documentation requirements IDA – Agency matching funds subject to Recapture Agency matching funds subject to Recapture are an eligible source of funds provided that: ■ The matching funds must be considered a gift or grant from an Agency as described in this table ■ A maximum of a 3-to-1 match by an Agency’s funds is permitted ■ The Borrower must satisfy any vesting requirements of the matching IDA program Note: See Section 5501.3(a) for information related to IDA – Agency matching funds not subject to Recapture. Documentation of the IDA program verifying: ■ Matching funds are subject to Recapture ■ Ratio of matching funds by the Agency ■ Regular payments made by the Borrower and the matching organization ■ Vested balance or the percentage of vesting Documentation of matching funds subject to a Recapture provision must also meet the requirements of this table for a gift or grant from an Agency, except that the Seller does not have to establish that the funds do not have to be repaid.
cProceeds from an unsecured loan that is an EAH Benefit The…592 ch
(c) Proceeds from an unsecured loan that is an EAH Benefit The following table contains eligibility and documentation requirements for proceeds from an unsecured loan that is an EAH Benefit: Proceeds from an unsecured loan that is an EAH Benefit Asset type and eligibility requirements Documentation requirements Proceeds from an unsecured loan that is an EAH Benefit Proceeds from an unsecured loan that is an EAH Benefit are an eligible source of funds provided that the eligibility requirements in Section 5501.5 are met. Refer to Section 5501.5 for EAH Benefit documentation requirements.
Operationalizing Freddie Mac Single-Family Seller/Servicer Guide 5501.4 — Other sources of funds
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