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Financial Services Law Insights and Observations

Fannie Mae Announces Numerous Updates to Selling Guide

Fannie Mae Mortgage Origination

Lending

On January 17, Fannie Mae issued Selling Guide Announcement SEL-2013-01, which provides notice of updates to several Selling Guide topics. First, eligibility for delivery of FHA-insured, HUD-guaranteed, VA-guaranteed, and RD-guaranteed mortgages is now available on a negotiated basis only. This change is effective for all government loans, including whole loans sold to Fannie Mae on or after May 1, 2013, and government loans in MBS with issue dates on or after May 1, 2013. Second, with regard to borrower refunds for overpayment of fees, effective immediately, the Guide has been updated to allow reimbursements in purchase transactions and limited cash-out refinance transactions to include refunds that may be required in accordance with certain federal laws or regulations. In such cases, the HUD-1 Settlement Statement must clearly identify the refund with a notation for the reason, and the loan file must include documentation to support the amount and reason for the refund. Third, the Announcement details a new policy regarding acceptable principal balance curtailments that may be made prior to delivery of a mortgage loan to Fannie Mae and lists the reasons for which Fannie Mae will permit curtailments, as well as documentation and delivery requirements. Finally, the Announcement lists updates and clarifications related to mortgage loans with an inter vivos revocable trust borrower.