B2-1.3-01, Purchase Transactions (12/16/2020)

A purchase money transaction is one in which the proceeds are used to finance the acquisition of a property or to finance the acquisition and rehabilitation of a property. The table below provides the general requirements for purchase money mortgage transactions. Certain mortgage loans and products may have different eligibility requirements for purchase mortgage transactions. If applicable, the differences will be stated in the specific mortgage loan or product topic section.

• finance the acquisition of the subject property,
• finance the acquisition and rehabilitation of the subject property,
• convert an interim construction loan or term note into permanent financing, or
• pay off the outstanding balance on the installment land contract or contract for deed.

• an amount representing reimbursement for the borrower’s overpayment of fees and charges, including refunds that may be required in accordance with certain federal laws or regulations. The settlement statement must clearly indicate the refund, and the loan file must include documentation to support the amount and reason for the refund; and
• a legitimate pro-rated real estate tax credit in locales where real estate taxes are paid in arrears.

Note: If the borrower receives cash back for a permissible purpose as listed above, the lender must confirm that the minimum borrower contribution requirements associated with the selected mortgage product, if any, have been met. Reimbursements or refunds permitted above may also be applied as a principal curtailment in accordance with B2-1.5-05, Principal CurtailmentsB2-1.5-05, Principal Curtailments . A pro-rated real estate tax credit is not an interested party contribution, and it cannot be considered when determining if the borrower has sufficient assets for the transaction.

Requirements for Purchase Transactions with LTV, CLTV, or HCLTV Ratios of 95.01 – 97%

If the LTV, CLTV, or HCLTV ratio exceeds 95% for a purchase transaction, the following requirements apply.

Note: The CLTV ratio can be up to 105% if the subordinate lien is a Community Seconds loan.

Note: High-balance and ARM loans are not permitted.

All borrowers must occupy the property unless there is a Community Seconds subordinate lien.

• At least one borrower must be a first-time homebuyer, as indicated on the Form 1003 in the Declarations section, when at least one borrower responds “No” to the question about having an ownership interest in a property in the last three years.
• At least one borrower on the loan must have a credit score.

Note: The above requirements do not apply to HomeReady mortgage loans. See B5-6-01, HomeReady Mortgage Loan and Borrower EligibilityB5-6-01, HomeReady Mortgage Loan and Borrower Eligibility , for requirements for HomeReady mortgage loans with LTV, CLTV, or HCLTV ratios of 95.01 – 97%.

Non-Arm's Length Transactions

Non-arm's length transactions are purchase transactions in which there is a relationship or business affiliation between the seller and the buyer of the property. Fannie Mae allows non-arm’s length transactions for the purchase of existing properties unless specifically forbidden for the particular scenario, such as delayed financing. For the purchase of newly constructed properties, if the borrower has a relationship or business affiliation (any ownership interest, or employment) with the builder, developer, or seller of the property, Fannie Mae will only purchase mortgage loans secured by a principal residence. Fannie Mae will not purchase mortgage loans on newly constructed homes secured by a second home or investment property if the borrower has a relationship or business affiliation with the builder, developer, or seller of the property.

Purchase of Preforeclosure or Short Sale Properties — Allowable Fees, Assessments, and Payments

Borrowers may pay additional fees, assessments, or payments in connection with acquiring a property that is a preforeclosure or short sale that are typically the responsibility of the seller or another party. Examples of additional fees, assessments, or payments include, but are not limited to, the following:

short sale processing fees (also referred to as short sale negotiation fees, buyer discount fees, short sale buyer fees);

Note: This fee does not represent a common and customary charge and therefore must be treated as a sales concession if any portion is reimbursed by an interested party to the transaction.

The following requirements apply:

• The borrower (buyer) must be provided with written details of the additional fees, assessments, or payments and the additional necessary funds to complete the transaction must be documented.
• The servicer that is agreeing to the preforeclosure or short sale must be provided with written details of the fees, assessments, or payments and has the option of renegotiating the payoff amount to release its lien.
• All parties (buyer, seller, and servicer) must provide their written agreement of the final details of the transaction which must include the additional fees, assessments, or payments. This can be accomplished by using the Request for Approval of Short Sale or Alternative Request for the Approval of Short Sale forms published by the U.S. Treasury or any alternative form or addendum.
• The settlement statement must include all fees, assessments, and payments included in the transaction.

The table below provides references to recently issued Announcements that are related to this topic.