Refinance - Continuity of Obligation

Updated: 08/20/2018
Article #: 125


 

See guidelines below  - this is not an issue for FNMA but it is an issue for FHLMC.

 FNMA:

Limited Cash-Out Refinance Transactions

For limited cash-out refinance transactions, the continuity of obligation policy that required lenders to make sure at least one of the borrowers on a refinance transaction was also a borrower on the prior mortgage, and that also specified a minimum number of months a borrower needed to be on title for limited cash-out eligibility, has been eliminated in its entirety as of February 2016. 

Refer to Selling Guide Announcement SEL-2016-02 and B2-1.2-02, Limited Cash-Out Refinance Transactions for additional information.

FHLMC:

When an existing Mortgage will be satisfied as a result of a refinance transaction, one of the following requirements must be met:
  • At least one Borrower on the refinance Mortgage was a Borrower on the Mortgage being refinanced; or
  • At least one Borrower on the refinance Mortgage held title to and resided in the Mortgaged Premises as a Primary Residence for the most recent 12-month period and the Mortgage file contains documentation evidencing that the Borrower, either:
    • Has been making timely Mortgage payments, including the payments for any secondary financing, for the most recent 12-month period; or
    • Is a Related Person to a Borrower on the Mortgage being refinanced; or
  • At least one Borrower on the refinance Mortgage inherited or was legally awarded the Mortgaged Premises (for example), in the case of divorce, separation or dissolution of a domestic partnership)

 

 Original Question:
Is there a seasoning requirement for a borrower to be on title for a refinance? Currently mortgage and deed is in borrower's name only. She wants to refinance and add fiancé. His credit is significantly better. If she adds him onto deed can we proceed in his name alone?







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