FNMA HomeStyle Program Manual
Transcription
FNMA HomeStyle Program Manual
Correspondent Program Manual Fannie Mae HomeStyle® Renovation Loan June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual INTRODUCTION ..................................................................................................................................................... 4 FNMA HOMESTYLE – PROGRAM OVERVIEW .......................................................................................................... 4 A. B. LOAN PURPOSE: ....................................................................................................................................................4 KEY FEATURES: .....................................................................................................................................................4 FNMA HOMESTYLE – GENERAL CREDIT POLICIES ................................................................................................... 5 A. B. C. D. E. F. G. I. J. K. M. N. O. Q. R. S. T. U. V. W. X. Y. Z. AA. BB. CC. DD. EE. BORROWER ELIGIBILITY ..........................................................................................................................................5 OCCUPANCY: ........................................................................................................................................................ 5 TRANSACTION TYPES: .............................................................................................................................................5 LOAN TERMS: ....................................................................................................................................................... 5 PROGRAM CODE: ..................................................................................................................................................5 VESTING: .............................................................................................................................................................5 MAXIMUM LOAN-TO-VALUE (“LTV”): .....................................................................................................................5 SALES AND FINANCING CONTRIBUTIONS: ...................................................................................................................6 PITI RESERVES: .....................................................................................................................................................6 PROPERTY ELIGIBILITY: ...........................................................................................................................................6 UNDERWRITING: ...................................................................................................................................................7 MINIMUM FICO SCORE: ........................................................................................................................................7 CREDIT HISTORY: ...................................................................................................................................................7 QUALIFYING RATIOS: .............................................................................................................................................8 GEOGRAPHIC RESTRICTIONS: ...................................................................................................................................8 ADDITIONAL DOCUMENTATION REQUIREMENTS: ........................................................................................................8 MAXIMUM LOAN AMOUNT: ...................................................................................................................................8 GUIDE TO COMPLETING THE HOMESTYLE® RENOVATION MAXIMUM MORTGAGE WORKSHEET (“FNMA 1035”): ...................9 ELIGIBLE EXPENSES: .............................................................................................................................................12 DISCLOSURES AND HOMESTYLE® RELATED FEES: ......................................................................................................12 FUNDING OF THE LOAN:........................................................................................................................................12 CONTINGENCY RESERVE: .......................................................................................................................................13 MORTGAGE PAYMENT RESERVE:............................................................................................................................13 REHABILITATION PERIOD: .....................................................................................................................................14 APPRAISAL REQUIREMENTS: ..................................................................................................................................14 CLOSING COSTS: ..................................................................................................................................................14 PROPERTY INSURANCE REQUIREMENTS: ..................................................................................................................15 REQUIRED IMPROVEMENTS: ..................................................................................................................................15 FNMA HOMESTYLE – CORRESPONDENT PROCEDURES......................................................................................... 16 FILE SUBMISSION FOR BUILDER AND PROJECT REVIEW ....................................................................................... 17 A. B. C. D. E. F. G. LOAN APPLICATION AND PROJECT PACKAGE SUBMISSION (LO/SELLER PROCESS): ..........................................................17 LOAN APPLICATION AND PROJECT PACKAGE SUBMISSION (BANC HOME LOAN PROCESS): ...............................................19 CONTRACTOR SELECTION AND ELIGIBILITY REVIEW (CORRESPONDENT SELLER PROCESS):................................................. 19 CONTRACTOR SELECTION AND ELIGIBILITY REVIEW (BANC HOME LOANS SELLER PROCESS): .............................................19 CONTRACTOR’S BID/SCOPE OF REPAIRS (CORRESPONDENT SELLER PROCESS):...............................................................23 FEASIBILITY STUDY (CORRESPONDENT SELLER PROCESS).............................................................................................23 APPRAISAL ORDER (CORRESPONDENT SELLER PROCESS): ...........................................................................................23 Page 2 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual H. I. J. K. L. M. N. APPRAISAL COMPLETED (CORRESPONDENT SELLER PROCESS): ....................................................................................24 APPRAISAL COMPLETED (BANC HOME LOANS PROCESS): ...........................................................................................24 APPRAISAL REVIEW AND EVALUATION PROCESS (BANC HOME LOANS PROCESS):...........................................................24 EQUITY: .............................................................................................................................................................25 APPRAISAL AND PROJECT CONDITIONS (CORRESPONDENT SELLER PROCESS): ................................................................25 APPRAISAL AND PROJECT CONDITIONS (BANC HOME LOANS PROCESS): .......................................................................25 PROJECT DOCUMENTS (CORRESPONDENT SELLER PROCESS): ......................................................................................26 LOAN CLOSING AND LOAN PURCHASE ................................................................................................................. 26 A. B. C. D. E. F. G. H. I. J. K. L. M. N. O. P. Q. R. S. T. U. V. W. X. Y. Z. AA. BB. CC. DD. EE. LOAN REGISTRATION AND LOCKING: .......................................................................................................................26 CLOSING PROCEDURES: ........................................................................................................................................26 POST-CLOSE SERVICING AND ACCOUNTING SET-UP...................................................................................................27 POST-CLOSE ADMINISTRATIVE SET-UP AND COMMENCEMENT OF CONSTRUCTION .........................................................27 WELCOME CALL: .................................................................................................................................................27 CONTINUAL UPDATES:..........................................................................................................................................28 COMMENCEMENT OF CONSTRUCTION: ....................................................................................................................28 COMPLETION OF CONSTRUCTION: ..........................................................................................................................28 CUSTOMER SERVICE: ............................................................................................................................................28 DRAW PROCESSING AND FUNDS DISBURSEMENT OVERVIEW: .....................................................................................29 MATURITY: ........................................................................................................................................................ 29 HOLDBACK: ........................................................................................................................................................ 29 DRAW TRANSMITTAL PACKAGE:.............................................................................................................................29 DRAW PROCESSING AND FUNDING: ........................................................................................................................29 FINAL DRAW PROCESSING AND FUNDING: ...............................................................................................................29 DRAW REQUIREMENTS - DETAILED .........................................................................................................................30 DEPOSITS: ..........................................................................................................................................................30 CONTINGENCY/CHANGE ORDERS: ..........................................................................................................................30 LINE ITEM TRANSFER: ...........................................................................................................................................31 LINE ITEM/ OVERALL BUDGET VARIANCE:................................................................................................................31 LIEN RELEASE POLICY: ..........................................................................................................................................31 TITLE UPDATE POLICY:..........................................................................................................................................31 NON-PERFORMANCE - SUSPENSION OF CONSTRUCTION .............................................................................................31 CONTRACTOR REPLACEMENT REQUIREMENTS: .........................................................................................................32 INSPECTIONS:......................................................................................................................................................32 INSURANCE & LICENSE: ........................................................................................................................................32 OTHER DISBURSEMENTS .......................................................................................................................................33 EXTENSIONS ....................................................................................................................................................... 33 NON-PERFORMANCE DEFAULT ..............................................................................................................................33 EXCEPTION POLICY ...............................................................................................................................................33 ANNUAL YEAR-END REPORTING.............................................................................................................................34 REFERENCE EXHIBITS ........................................................................................................................................... 35 Page 3 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual Introduction Banc Home Loans Correspondent Lending Division (CLD) provides a unique product support services to Correspondent Lenders for FNMA HomeStyle transactions that are submitted and sold to Banc Home Loans. Due to the specialized processing, underwriting, loan administration, and fund control requirements of these loans, many lenders are unprepared to execute the steps necessary to efficiently and accurately manage this production. Other lenders have significant experience in renovation lending and are eligible for delegated project underwriting if their experience warrants. This Program Manual is an extension of the Correspondent Seller Guide, Section 12.2, and provides specific program policies and procedures used by Banc Home Loans CLD and RenovationReady®, a division of Banc of California in supporting approved Correspondent Lenders that are not delegated in project underwriting. Banc Home Loans CLD and RenovationReady® provide the quality assurance services described in the Program Manual to help Correspondent Lenders avoid common mistakes and pitfalls related to the rehabilitation project. The policies and procedures outlined below are designed to implement all FNMA standards and guidelines as provided in FNMA Homestyle References. FNMA Homestyle – Program Overview The Fannie Mae (“FNMA”) HomeStyle® Renovation Mortgage provides a convenient way for borrowers to make renovations, repairs, or improvements totaling up to fifty percent (50%) of the as-completed value of the property with a first mortgage, rather than a second mortgage, home equity line of credit, or other, more costly financing method. The funds can be used for any repairs or renovations that are permanently affixed and add value to the property. A. Loan Purpose: 1. Refinance and renovate an existing residential property 2. Purchase and rehabilitate an existing structure. B. Key Features: This program was designed to allow a borrower to finance both the acquisition of a property (or pay off of existing mortgage debt) plus the rehabilitation of a property in need of repair all in one mortgage loan. Other key features of this program are: 1. No minimum dollar amount requirement for the eligible improvements to the existing structure on the property; 2. All health, safety, and energy conservation items should be addressed prior to completing general home improvements; 3. The defined scope of work must demonstrate that once the rehabilitation is completed, the property will meet minimum property standards as defined by Fannie Mae® and/or Banc Home Loans (“BHL”); 4. A contingency reserve of 10%-20% is required for all renovation loans. Exceptions on a caseby-case basis. Page 4 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual FNMA Homestyle – General Credit Policies A. Borrower Eligibility a. Eligible borrowers: U.S. Citizens Permanent Resident Aliens. b. Ineligible borrowers: Non-Permanent Resident Aliens Foreign Nationals Corporation or LLC's Non-Profit Organizations. B. Occupancy: Owner-occupied Second homes Investment properties. C. Transaction Types: a. Purchase 1 b. Rate/Term Refinance . D. Loan Terms: a. 15 and 30 year Fixed Rate E. Program Code: 1. CF30HS-37- FNMA 30 Year Fixed Homestyle 2. CF15HS-37 -FNMA 15 Year Fixed Homestyle 3. CF30HSJ-37 – FNMA High Balance 30 Year Fixed Homestlye 4. CF15HSJ-37 – FNMA High Balance 15 Year Fixed Homestyle F. Vesting: As per FNMA vesting guidelines. G. Maximum Loan-To-Value (“LTV”)2: Max LTV/CLTV ratios follow those set by FNMA and are found online at FNMA Single Family Loan Limits. FNMA loan limits change from time-to-time and supersede limits as listed below3. It is recommended you check the current FNMA loan limits. The table below is in reference to Maximum Conforming Loan Amounts only. 1 Cash-out refinances are not allowed. 2 LTV/CLTV restrictions are imposed as per Fannie Mae® guidelines and override ratios as listed in this Product Guide. Fannie Mae®’s current LTV/CLTV ratios may be found online at FNMA Eligibility Matrix. It is recommended you check current Fannie Mae® guidelines. 3 Limits cited were current as of date of distribution. Ratios assume loan is a fixed-rate mortgage. Ratios apply to both purchase and rate/term refinance, unless otherwise specified. Page 5 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual 1 unit 2 units 3-4 units Principal Residence 95% 85% 75% Second Home 90% N/A N/A Investment Property 85% on purchases, 75% on refinances N/A N/A See “Maximum Loan Amount” section also. NOTE: Maximum LTV/CLTV ratios may not be allowable with all mortgage insurance companies. It is recommended you confirm with your mortgage insurance vendor they will insure second homes, investment properties, and/or multi-unit properties above 80% LTV/CLTV. H. Minimum Cash Investment: See Maximum LTV guidelines. I. Sales and Financing Contributions: Sellers, or other interested parties such as real estate agents, builders, developers, or a combination of parties are permitted to contribute a percentage of the purchase price towards the buyer’s closing costs, prepaid expenses, discount points and other financing concessions as follows: >90% >75%, but ≤ 90% ≤ 75% LTV/CLTV Primary Residence 3% 6% 9% Second Home 3% 6% 9% Investment Property 2% 2% 2% These parties may not contribute funds towards the borrower’s down payment and required cash investment. Closing costs normally paid by the borrower are considered contributions if paid by the seller, and include all seller-paid prepaid items and other costs. Contributions may not exceed the allowed percentage as dictated by the LTV/CLTV limitations. CLTV limitations include secondary financing from all sources. Each dollar exceeding FNMA’s limit must be subtracted from the property’s sales price before applying the appropriate loan-to-value ratio. J. PITI Reserves: Per DU / AUS findings. K. Property Eligibility: Eligible Properties: a. 1-4 unit principal residence b. 1 unit second home c. 1 unit investment property d. Detached PUDs e. Detached Condos f. Condominiums (Exception Basis Only: Subject to HOA/CC&R prior review and Page 6 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual clearance of design control and permission of proposed work) Ineligible Properties: a. Manufactured Homes b. All Attached SFR and Attached PUD’s a. Condotels b. Cooperatives When the security property is a detached condo unit, the project must be one for which the proposed renovation work is permissible under the bylaws of the homeowners’ association or co-op corporation or one for which the homeowners’ association or co-op corporation has given written approval for the renovation work. The renovation work for a detached condo unit must be limited to the interior of the unit, including the installation of fire walls in the attic. L. Loan Amounts: a. Loan limits are as cited in the table below. Maximum Base Loan Amount¹ Unit Continental U.S. 1 $417,000 2 $533,850 3 $645,300 4 $801,950 1 The loan amounts are affective through December 31, 2015. Alaska & Hawaii $625,500 $800,775 $967,950 $1,202,925 b. High Balance Loan Amounts: Please refer to Product Guidelines. c. A loan in which the base loan amount exceeds the standard conforming limit will be considered as a high balance loan amount. FNMA high balance loans are eligible and maybe subject to additional credit overlays. M. Underwriting: a. DU – approve/eligible only N. Minimum FICO Score: a. A minimum credit score of 620 is required. O. Credit History: a. Acceptable credit history determined by AUS, plus a minimum of two credit scores for all borrowers. For all disputes, follow AUS Findings. If not mentioned in AUS Findings, no further action is required. Bankruptcy, Foreclosures, and Deed-in-Lieu must be recognized by the DU AUS system. DU is not able to identify pre-foreclosures or short sales in the credit report data. The pre-foreclosure sale requirements must be manually applied to the DU loan case files, regardless of the underwriting recommendation received from DU. Page 7 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual P. Cash Reserves: a. Follow the Fannie Mae Eligibility Matrix to determine the amount of reserves needed based on the DTI, Credit Score, and LTV (Ann SM 2013.03-10 a). Q. Qualifying Ratios: a. Varies; determined by DU maximum DTI allowance. R. Geographic Restrictions: a. As established by Seller state-by-state approval S. Additional Documentation Requirements (items marked with * not required by Banc Home Loans but may be required by other investors): a. Additional documentation is required supporting the rehabilitation portion of the HomeStyle® Renovation loan as follows: i. ii. iii. iv. HomeStyle® Renovation Maximum Mortgage Worksheet (“MMW”) (Form 1035) *Construction Loan Agreement (Form 3735) Contractor Profile Report (Form 1202)and supporting documentation Contractor Bid’s, listing all repairs as shown in the appraisal. Bid amount should equal the repair amount on box C.1.a. on the MMW v. Construction Contract (From 3734) vi. HomeStyle® Renovation Consumer Tips (Form 1204) vii. *Construction Addendum Amending Note (Form 3736) viii. *Construction Loan Rider to Security Instrument (Form 3737) ix. If applicable, Investor Rider to Security Instrument (Form 2728) x. For homes on private water and/or septic systems, a well water test and/or a septic certification maybe required. Completion of well or septic repairs may be included in the loan. Completion certifications may be required as part of project close-out processing. xi. For homes with termite or other pest damage, an appropriate pest report will be required. Termite or other pest damage may be included in the loan. Completion certifications may be required as part of project close-out processing. xii. For homes were the presence of mold or lead based paint is identified and processed per April 2010 EPA Renovation, Repair and Painting Rule in underwriting, repairs may be included in the loan. Completion certifications may be required as part of project close-out processing. T. Maximum Loan Amount: a. Maximum Mortgage Worksheet (Fannie Mae Form 1035) is used to calculate the maximum loan amount and LTV. See “Maximum Loan-To-Value” section for more information. i. Maximum loan amount is calculated as follows: 1. Purchase: max allowable LTV (as stated above) times the lessor of the purchase price plus improvement costs, or “as completed” appraised value of the property. 2. Refinance: max allowable LTV (as stated above) times the “as completed” Page 8 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual appraised value of the property. 3. Loan amount is based on the amounts shown on the HomeStyle® Renovation Maximum Mortgage Worksheet (Form 1035). The maximum mortgage calculation differs based on the applicable transaction type. See “Maximum Loan-To-Value.” U. Guide to completing the Homestyle® renovation maximum mortgage worksheet (“FNMA 1035”): Input borrower’s name and date. Section A Box A1 Dependent on the borrower’s down payment in the event of a purchase, or the loan amount needed to cover the existing pay off and all applicable fees in the event of a refinance Box A2 Dependent on the amount needed to repair the home. It is best to complete section C first, then come back and calculate this percentage based on the amount in line C2 divided by the “As Completed” value and shown as a percentage Box A3 Indicate whether the subject property will be a primary residence, second home, or investment property Section B Box B1 Input the sales price, if the loan is a purchase Box B2 Input the mortgage pay off amount(s), if loan is a refinance Box B3 Defer to the borrower’s opinion of the home’s value after repairs have been made during the pre-approval stage, though you may recommend they consult with their Realtor® on a purchase transaction. You may also suggest they contact someone they know in the real estate industry to help them determine the after-improved value if the loan is a refinance, perhaps the Realtor® who sold them the home. But, in either case you will defer to the borrower’s estimate and discuss the risks involved if the appraisal does not support their estimate of the home’s value Section C Page 9 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual Box C.1.a Enter the estimated amount of repairs needed using an estimate given to you by the borrower. It would be wise to instruct the borrower that the figures on this form are subject to change, depending on the amount of the actual bid for repairs Box C.1.b Input 10-20% for all loans, regardless of status of utilities Box C.1.c If any architectural or engineering fees are anticipated, use the borrower’s estimate of costs until an invoice has been received Box C.1.d Input the fee for the Feasibility Study, but only if the borrower intends to roll the cost of the consultant service into the repair escrow. This is seldom allowed, as most consultants require payment at the time service is rendered. During the pre-approval stage, advise the borrower that chances are likely they will have to pay for the services of a Feasibility Study at the time the service is rendered, so this will be left blank for now. If consultant agrees to allow them to escrow a portion or all of his/her fees, adjustments to the worksheet will be made later to include the application fee amount Box C.1.e Disclose 5 inspections at $100 each for a total of $500 Box C.1.f Disclose 5 title updates at $75 each for a total of $375 Box C.1.g The amount for permits will vary greatly. In some cases, the contractor agrees to pay for the permits so they will be included in the bid. In other cases, the borrower is responsible for paying them. During the preapproval stage, it is best to ask the borrower if they know whether or not permits will be required for the work they wish to have done and what the amount of the permits are and use their estimate Box C.1.h Up to 6 months PITI payments may be financed for the period that the property is expected to remain unoccupied. This may occur when the property is uninhabitable, or when the nature of the project may create health or safety concerns. Either the consultant who conducts the Feasibility Study or the contractor will determine how long the home will be uninhabitable and recommend the number of escrowed payments. If you feel early on in the process that this may become a necessity, you may estimate the number of escrowed PITI mortgage payments, not to exceed a maximum of 6 Box C.1.i Determined by lender Page 10 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual Box C.2 Total of lines C1a to C1i. Please note: this total may NOT exceed 50% of the “As Completed” value listed on line B3 Section D Box D.1 In the event of a purchase, input the purchase price plus total on line C2 Box D.2 Enter the estimated “As Completed” value from line B3 Box D.3 Enter the amount of financed PMI, if applicable Box D.4 Enter the purchase loan amount, which will be the lesser of the figure on line D1 or the “As Completed” value times the appropriate LTV percentage Box D.5 For a refinance, enter the appropriate LTV percentage times the Estimated “As Completed” value of the home Section E Box E.1 Enter the figure from line B1 in the purchase column, if loan is a purchase transaction Box E.2 Enter the figure from line C2 in the appropriate column for either a purchase or refinance transaction Box E.3 N/A Box E.4 Enter the amount on line B2 in the refinance column, if loan is a refinance transaction Box E.5 Enter the estimated amount of pre-paid items in the appropriate column for either a purchase or refinance transaction Box E.6 Enter the estimated amount of closing costs in the appropriate column for either a purchase or refinance transaction Box E.7 Enter the amount of financed PMI, if applicable, in the appropriate column for either a purchase or refinance transaction Box E.8 Enter the amount of discount fees, if applicable, in the appropriate column for either a purchase or refinance transaction Box E.9 Enter the total of lines E1 to E8 in the appropriate column for either a purchase or refinance transaction Page 11 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual Box E.10 Enter the amount of Subordinate Financing, if applicable, in the appropriate column for either a purchase or refinance transaction. See BANC Home Loans FNMA Conforming guidelines RE: subordinate financing Box E.11 Enter the amount of closing costs being paid by the seller under the purchase column, if loan is a purchase transaction Box E.12 Enter any other credits in the appropriate column for either a purchase or refinance transaction Box E.13a Enter the appropriate loan amount from either line D4 or D5, depending on whether the transaction is a purchase or refinance and in the appropriate column Box E. 13b Same as Box E. 13a Boxes E. 14 and E.15 Complete using the exact formula indicated on Fannie Mae Form 1035 and in the appropriate column for either a purchase or refinance transaction. V. Eligible Expenses: a. Expenses eligible to be included in the cost of rehabilitation are materials, labor, contingency reserve, overhead and construction profit, plus expenses related to the rehabilitation such as permits, inspection fees during construction by a consultant/inspector, lien protection fees for title updates and architectural/engineering fees. The cost of rehabilitation may also include the discounts, which the borrower will pay on that portion of the mortgage proceeds allocated to the rehabilitation. W. Disclosures and HomeStyle® Related Fees: a. In addition to the typical FNMA disclosure package, the borrower and/or contractor must execute the following HomeStyle® specific disclosures: b. Maximum Mortgage Worksheet (Form 1035) c. HomeStyle® Renovation Consumer Tips (Form 1204) d. Construction Contract (Form 3734) e. Contractor Profile Report (Form 1202) f. There are also additional required specific HomeStyle® Renovation loan program fees. Refer to the Exhibit 1, “HomeStyle® Fee Sheet Summary” for all related HomeStyle® Renovation fees. X. Funding of the Loan: Page 12 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual a. The full loan amount is funded at closing. The funds reserved for the rehabilitation, including any contingency reserve, inspection fees, title update fees and mortgage payment reserve, must be set-up in an interest-bearing repair escrow account and the balance dispersed to purchase the property or refinance an existing mortgage. At the completion of work, any interest earned or unused rehabilitation funds will be applied towards a principal curtailment (see “Contingency Reserve” for more information). Y. Contingency Reserve: a. A contingency reserve must be established, except in rare cases, to allow for cost overruns or additional repairs that are discovered during the course of rehabilitation. The contingency reserve is based on FHA standards as per HUD Handbook 4240.2, 1-9 F where a range of contingency from a minimum 10% is required. Higher contingency amounts (e.g. 20%) may be required depending on property age, scope and complexity of the rehabilitation project, and underwriter discretion. b. The amount of the contingency required can be funded by the borrower at close. If the borrower funds the contingency reserve with their own funds, and any funds remaining after the completion of the scope of repairs identified will be returned to the borrower up to the amount brought in by the borrower at closing. c. When adjustments to the proposed rehabilitation (i.e. deleting a skylight from the scope of work as defined during loan processing) are made following loan closing, the amount by which the costs are reduced are added to the contingency reserve. Work items cannot be deleted from the rehabilitation if it will decrease the value of the home. d. Use a Change Order Request (Form1200) when the scope of rehabilitation will be affected. This form must be included in the file. Z. Mortgage Payment Reserve: Page 13 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual a. When the property is not going to be occupied during rehabilitation, funds not to exceed six (6) mortgage payments, including PITI and mortgage insurance, can be included in the cost of rehabilitation and deposited into the mortgage payment reserve account to assist the borrower. b. On multi-unit properties, if one or more units are occupied, the mortgage payment must be reduced according. If the owner occupies one of the units, or if the rents received are not sufficient to cover that portion of the mortgage, then the mortgage payment will be reduced by dividing the PITI by the number of units in the property (i.e. monthly mortgage payment for a triplex is $1,248; if one unit is occupied, the mortgage payment is reduced to $832). c. The number of mortgage payments cannot exceed the completion timeframe required in the rehabilitation loan agreement. d. The monthly mortgage payment must be made directly from the interest-bearing reserve account. These payments will be handled by the Servicing and Accounting departments. e. Funds that remain in the account after the final release notice is issued must be used to reduce the principal through a principal curtailment, unless the funds were provided by the borrower, in which case the funds will be returned to the borrower. f. To comply with program guidelines and to make sure adequate payment funds are escrowed, the financing of mortgage payments must be reviewed and approved by BHL AA. Rehabilitation Period: a. Rehabilitation construction must begin within thirty (30) days of closing, must not cease for more than a thirty (30) day period and all work must be completed within nine (9) months of closing. BB. Appraisal Requirements: a. All appraisals must be ordered through the lender’s approved AMC. Please refer to the above section, Maximum, Mortgage Amount, for the determination for the basis of the LTV. In order to determine the maximum mortgage amount, the FNMA HomeStyle® valuation analysis determines the “as completed” value of the subject property. b. “As Completed” Value: The appraisal report must provide an “as completed” value that estimates the market value of the property upon completion of the proposed rehabilitation and/or improvements. The borrower’s or the cost consultant’s estimate must be available for the appraiser to use in order to determine the “as completed” value, and therefore must be provided prior to requesting the appraisal. The appraisal report should be noted: “subject to repairs, alterations etc." CC. Closing Costs: Page 14 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual a. Customary and reasonable costs may be charged necessary to close the mortgage. All fees must be allowable under FNMA guidelines. b. Refer to the HomeStyle® Fee Sheet Summary (Exhibit 1) for all related HomeStyle® fees. DD. Property Insurance Requirements: a. Property hazard and flood insurance policies apply on all transactions. Please refer to Banc Home Loans’ Insurance Policy for specific requirements. b. Improvement Eligibility: Improvements are allowed and/or required as follows: Required Improvements Any repairs cited as required in appraisal report as per FNMA B4-1.3-06: Property Condition and Quality of Construction of the Improvements Eligible Improvements Any and all improvements that are permanently affixed to the real property and add value to the property Ineligible Improvements Improvements not permanently affixed to the real property EE. Required Improvements: In general, property condition and lender’s required scope of repairs will be determined based on the appraiser’s selection of condition, quality, and other characteristic ratings as per FNMA B4-1.3- 06: Property Condition and Quality of Construction of the Improvements. Please refer to VI: Project Review and Approval, Section H, Property Inspection/Property Condition/ Scope of Rehabilitation for inspection requirements. Appraisers should consider the following categories when evaluating site and physical conditions: a. Property Exterior: Appraiser should examine exterior of home and any detached structure and/or out-building(s) for condition and photograph for the appraisal report. b. Structural: Appraiser should look for evidence of possible structural failure (e.g., settlement or bulging foundation wall) and report findings. Any failure of wood and steel structural members in the floors, walls and roof system must be reported in the appraisal. c. Roof Covering and Structure: Appraiser should examine roof covering. Roofs should have no greater than three (3) layers and have an anticipated life expectancy of 2 years or greater. d. Windows and Doors: Appraiser should examine windows to insure they are in good working order and without damage to sash, frames, sills and glass. Doors and locksets must be functional and seal properly and securely. e. Wood Boring Insect and Wood Rot Damage (Exterior/Interior): Appraiser should report on existence of rodents, dry-rot, termites and other pest infestation. When evidence of infestation or dry rot is found the appraiser should photograph the affected area and report its location in the appraisal report. This assessment applies to both exterior and interior. (NOTE: A termite/pest inspection will be require if any evidence of the above is observed) f. Health and Safety Concerns (Exterior/Interior): Appraiser should report on any item in the Page 15 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual g. h. a. b. c. d. e. f. property that may affect the health and safety of the occupants. This would include peeling paint, the presence of lead paint, missing or broken stairs, rails, and unsound decks. Mechanical Systems: Appraiser should examine the mechanical systems of home and photograph for the appraisal report. HVAC: Appraiser should examine the heating, ventilating and air conditioning system for general performance, age and condition. Electrical: Appraiser should examine the home’s electrical service relative to modern appliances and electronics (minimum of 100 amp main service). GFCI outlets/breakers should be present and functioning in all areas within six (6) feet of water or located on the exterior. Service panels and junction boxes should be sealed and protected from moisture and accidental human contact. Plumbing: Appraiser should examine plumbing systems to support the dwellings requirement adequately. Supply and waste lines should be free of leaks and have sufficient water pressure and drainage of waste. All fixtures should be properly functioning. Waterheaters should be properly vented and on a stable platform with seismic strapping where required. Private well and septic systems may require additional certifications. Property Interior: Appraiser should examine the mechanical systems of home and photograph for the appraisal report. Interior Walls/Ceilings/Flooring/Doors: Appraiser should examine interior walls to be free of plaster/drywall damage (cracks, holes or moisture). Interior doors should be functional and undamaged (includes closet doors). Sub-floors should be evaluated for soft spots or sag and reported. Cabinetry and Fixtures: Appraiser should examine cabinets, vanities, and countertops to determine conditions are useable and free of decay and/or damage. Smoke/CO Detectors: Appraiser should examine each sleeping area has a minimum of one (1) approved, listed, and labeled smoke detector installed adjacent to the sleeping area. CO detectors should be present on each floor level and a minimum of one (1) unit must be located within fifteen (15) feet from bedrooms. FNMA Homestyle – Correspondent Procedures CLD support for FNMA HomeStyle transactions that are submitted and sold to Banc Home Loans covers both pre-close contractor evaluation, rehabilitation project review and post-close draw process, loan administration Pre-close contractor and rehabilitation project review provides the additional processing required for this program including the builder and project validation as well as the review of construction documentation on all FNMA HomeStyle submissions. If the submitted loan is sold to an investor other than Banc Home Loans, lender will be charged a Per Loan Closed Fee as indicated on the Correspondent Rate sheet published daily. (not applicable on loans sold to Banc Home Loans). Post-close draw process and loan administration provides the post-closing administrative processing of inspections, draw disbursements and title updates as part of its quality assurance process. CLD is Page 16 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual supported by RenovationReady®, a division of BANC of California. Details around this process are provided on pages 28-37 below and only apply on loans sold to Banc Home Loans. The post-close draw process and loan administration services are not provided on loans submitted to Banc Home Loans but sold or securitized to an investor other than Banc Home Loans. Please refer to FNMA HomeStyle Guidelines for additional information. File Submission for Builder and Project Review The following procedural steps are described as a series of actions and responses between the Correspondent Lender and the internal quality assurance steps taken by CLD and RenovationReady®. After each subtitled section, a (Parenthetical) statement identifies the party associated with the step described. For example, (LO/Seller Process) means a step or action(s) conducted by the Correspondent Lender Loan Officer. A. Loan Application and Project Package Submission (LO/Seller process): a. BHL Renovation Account Executive (BHL AE) Contact Information: i. Please refer to the BHL Correspondent Lending web portal under “Contact Us” for a list specific team members to assist with this product ii. LO/Seller should contact their Banc Home Loans Renovation AE (AE) with any questions. b. Upon a signed offer on a purchase transaction or upon a signed application on a refinance transaction, LO goes to BHL Correspondent Lending Portal: Click on “Renovation Products” (no login rights required): Page 17 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual c. LO completes online Renovation Ready Submission Form submission form and: d. Uploads 3.2 file (where indicated) e. And provides the following items (where indicated: i. Purchase Contract and Addenda ii. Good Faith Estimate iii. Inspection or other reports (if applicable) iv. Contractor’s bid v. Contractor Questionnaire and supporting contractor acceptance documents vi. Any other supporting project documentation f. LO will receive confirmation receipt email from BHL and notification that your AE will contact you to confirm loan terms, review scenario, and submit to fulfillment workflow. Page 18 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual B. Loan Application and Project Package Submission (Banc Home Loan process): a. BHL AE will contact submitting LO to confirm loan terms, review scenario, and board loan for project prior review process. b. BHL Renovation Project Conditions is generated which lists all required documents, reports, bids, and other relevant materials needed to complete Renovation Services as outlined in Section 12 of the Seller Guide (SLA 48-72 hours). An example of the Renovation Fulfillment and Conditions report is provided in Exhibit 3. C. Contractor Selection and Eligibility Review (Correspondent Seller Process): a. LO ensures timely contractor selection by borrower. b. LO responsible for directing contractor to complete Contractor Questionnaire either using Lender’s Contractor Questionnaire form (See Reference Exhibit) or using Contractor Registration and Online Resume Submission LO responsible for providing copy of license(s), proof of Liability insurance, Worker’s Comp (or exemption), W-9 and any other supporting documentation (see more details below) D. Contractor Selection and Eligibility Review (Banc Home Loans Seller Process): a. Once all contactor documents are received, determination of eligibility will be provided in 48 hours. b. If contractor does not meet acceptance guidelines, an exception may be considered by Seller. c. Contractor Review and Acceptance Requirements: d. Contractor Selection: The contractor selection shall be at the election of the borrower. Lenders should not endorse, recommend, or otherwise promote the selection of any particular contractor. Resources generally available to the public are available to find active contractors serving the area where the proposed renovation project is situated. Such resources include, but are not limited to, web sites, State contractor license lists, renovation and remodeling service providers, and other sources. It is required that any independent feasibility consultants strictly adhere to FNMA guidelines, act independently of all parties involved in the transaction, which includes not making contractor recommendations. e. Contractor/Builder Requirements: The qualifications of the renovation contractor are evaluated to determine if they have the requisite experience to perform and complete the proposed renovation work, as well as, the credit worthiness to pay their obligations and deliver the home free of mechanics’ liens. The Contractor information is gathered through a completed Renovation Contractor Questionnaire (Exhibit 2) or via the Contractor Registration link below: f. Contractor Registration and Online Resume Submission LO/Seller required to insure contractor’s completer registration and submission. g. Contractors are required to provide a completed Renovation Contractor Questionnaire and items 1-5 below. Completed submission in including all required attachments will be reviewed and acceptance determined within 48 hours. h. Attachments to the Contractor Questionnaire include the following (except national Page 19 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual chains/big box stores, where applicable): 1. Licensing and Certifications: Current contractor license information and, if State License is not online, a copy of current General Contractor’s license including expiration date and a satisfactory clearance from the appropriate licensing authority, if required. If a contractor is in a local area that does not require licensing, homeowner, subcontractor or supplier references must be checked. In addition, any certifications the contractor has acquired should be provided. The contractor is required to be certified in lead paint abatement or proof-trained in lead paint abatement activities for all pre1978 built homes, or if lead paint abatement is required. RR adheres to the April 2010 EPA Renovation, Repair and Painting Rule. 2. Liability Insurance: Evidence of liability insurance in an aggregate amount of $1,000,000 3. Workman’s Compensation Insurance: Evidence of Worker’s Compensation insurance, if Contractor has employees. If no employees, a Certificate of Exemption or a letter from the contractor stating he/she has no employees is required. 4. Identification: Contractor’s Date of Birth (DOB) to check Patriot Act Watch List. 5. Tax Information: Receipt of a W-9 form from Contractor. This requirement cannot be waived due to Federal Law. Banc Home Loans uses the following minimum standards in evaluating and accepting borrower selected contractors. Contractor acceptance parameters are organized into four (4) categories based on renovation/construction contractor amount: 1. <$5,000 2. $5,000 - $30,000 3. $30,000 - $100,000 4. $100,000 - $1,000,000 The requirements for each category are outlined in the table below: Page 20 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual Construction Contract Amount <$5,000 $5,001 - $30,000 $30,001 - $100,000 Project Description Retail Installation Cosmetic Repairs, Streamline 203K Structural Repairs, Major Remodel, Adding GLA Construction to Perm, Major Renovation, Small Spec Contractor/Builder Description Lowes, HomeDepot, Best Buy, etc Sub-contractor or Trade General Contractor, Builder, Sub-contractor or Trade General Contractor, Builder Homeowner/Contractor Agreement or Construction Contract Type N/A – Purchase Invoice Agreement Homeowner/ Contractor Agreement Homeowner/Contractor Agreement Homeowner/Contractor Agreement or AIA Standard HUD LDP/GSA Exclusionary List (203K Only) Required Required Required Required Contractor License Not Required Required (If State required) Required (If State required) Required (If State required) Liability Insurance Not Required Required ($1MM) Required ($1MM) Required ($1MM) Worker’s Compensation Insurance Not Required Required (If Contractor has employees) Required (If Contractor has employees) Required (If Contractor has employees) Fraud/OFAC Not Required Required Required Required Lexis/Nexis or similar (relationship w/ other entities, litigation history, financial health, and negative news) Not Required Required Required Required Credit – Personal (if commercial credit unavailable) Not Required Not Required 620 660 Credit – Commercial Not Required Not Required Experian 50 or equal Experian 60 or equal Years as Licensed General Contractor or Sub-contractor Not Required 3 Years 3 Years 5 Years Page 21 Construction and Renovation Lending Rev. June, 2015 $100,000 - $1MM FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual 1. <$5,000 - Retail Installers: Where the contractor is a recognized national or regional home improvement retailer providing installation services (e.g.: Home Depot, Lowes, Sears, 84 Lumber, Orchard Supply & Hardware), no acceptance process will be required. However, funding and documentation will be revised as follows: a. The store contract will be used in lieu of a Construction Contract; b. Funding will be a reimbursement draw for the amount evidenced in paid receipts, and will reimburse directly to the borrower; c. Borrower should be informed upfront of the difference in procedures when using these types of contractors, and it should be explained that they, the borrower, will be required to pay any upfront costs required by retailers and/or their installers; d. No contractor questionnaire or self-help agreement will be needed. 2. $5,000 - $30,000: Where repairs are greater than $5,000 and no more than $30,000; a completed renovation Contactor Questionnaire and accompanying support provides the following information: a. Lexis Diligence Report b. Experience: The number of years in the home renovation business. Contractors should have a minimum three (3) years in the business; 3. $30,000 - $100,000: Where repairs are greater than $30,000 and no more than $100,000; a completed renovation Contactor Questionnaire and accompanying support provides the following information: a. Credit: Authorization to inquire into the contractor’s credit history and criminal background check in the State where Contractor resides. A personal credit report by a tri-merge credit company or an Experian Biz IQ Check report will be obtained. b. A minimum mid credit score of 620 and an Experian Biz IQ score of 50 is required; c. If the mid credit score is less than 620 or the Experian Biz IQ score is less than 50, an exception will be required from the lender for the contractor to be accepted; d. In the event that there are unresolved liens or judgments, the contractor will be declined; e. If Contractor refuses to provide a Social Security Number, Experian Contractor online credit review program will be used to determine the contractor's credit history. f. Lexis Diligence Report g. Experience: The number of years in the home renovation business. Contractors should have a minimum three (3) years in the business; 4. $100,000 - $1,000,000: Where repairs are greater than $100,000 and no more than $1,000,000; a completed renovation Contactor Questionnaire and accompanying support provides the following information: a. Credit: Authorization to inquire into the contractor’s credit history and criminal background check in the State where Contractor resides. A personal credit report by a tri-merge credit company or an Experian Biz IQ Check report will be obtained. b. A minimum mid credit score of 660 and an Experian Biz IQ score of 60 is required; Page 22 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual c. If the mid credit score is less than 660 or the Experian Biz IQ score is less than 60, an exception will be required from the lender for the contractor to be accepted; d. In the event that there are unresolved liens or judgments, the contractor will be declined; e. If Contractor refuses to provide a Social Security Number, Experian Contractor online credit review program will be used to determine the contractor's credit history. f. Lexis Diligence Report g. Experience: The number of years in the home renovation business. Contractors should have a minimum five (5) years in the business; J. Owner/Contractors: a. Banc Home Loans does not accept owner/builders. b. Banc Home Loans does not allow self-help. c. Contractor Re-Acceptance: k. Contractor re-acceptance must be performed on any active contractor prior to their one (1) year acceptance date. a. In addition, at any point during the rehabilitation process, if information is obtained that indicates the viability of the project could be compromised by the contractor, a contractor re-acceptance must be performed. b. The following criterion applies, but is not limited to: i. A written request of re-acceptance indicating the reason for re-evaluation; ii. An updated credit report reflecting no deterioration in payment history; iii. An updated Contractor Questionnaire is not required unless information that causes concern has been obtained; iv. No references will be checked, unless information that causes concern has been obtained v. Liability and Worker’s Compensation insurances must be current and in place; vi. The General Contractor's license must be current and in place. l. Number of Contractors: c. Only one contractor is allowed on the HomeStyle® Renovation loan. E. Contractor’s Bid/Scope of Repairs (Correspondent Seller Process): a. LO/Seller to review bid to ensure scope of work meets FNMA Homestlye Guidelines F. Feasibility Study (Correspondent Seller Process) a. If property and/or proposed renovation project includes any of the following conditions, a project Feasibility Study should be required and ordered by LO/Seller: i. Increase in Gross Living Area ii. Modification or adjustment to floor plans iii. Home originally constructed prior to 1978 b. Note -Feasibility Study (if applicable) is not required to order appraisal but is required for BHL’s review of and evaluation of appraisal/project G. Appraisal Order (Correspondent Seller Process): Page 23 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual a. Seller orders “subject to” appraisal providing AMC copy of purchase contract, contractor’s bid and any other pertinent project exhibits (plans, engineer’s reports, etc) H. Appraisal Completed (Correspondent Seller Process): a. Seller submits appraisal and any underwriting appraisal or project conditions through BHL Correspondent Portal b. Seller submits any project documentation not previously provided I. Appraisal Completed (Banc Home Loans Process): a. BHL reviews and evaluates the appraisal and underwriting appraisal conditions to confirm FNMA Homestyle requirements and scope of work is met, ensure that the project is program compliant, and feasible. b. Updated Renovation Project Conditions detailing required WWU, contractor’s bid and/or appraisal corrections is provided to Seller. J. Appraisal Review and Evaluation Process (Banc Home Loans Process): a. Renovation Project Requirements: Lenders must review the proposed project to determine FNMA requirements and scope of work is met, ensuring that the project is program compliant and feasible. b. The following is provided by the contractor or borrower: a. Architectural Exhibits (If Applicable): Plans/Drawings showing the layout and dimensions of the proposed project must be included. Elements include, but are not limited to the following: b. Engineer Reports (foundation & structural repairs); c. Floor plans (existing and proposed); d. Engineered Structural plans (additions). The requirements of this section are adjustable according to the scope and size of the contract. c. Renovation Contract: A program compliant renovation contract signed by the borrower and the contractor. d. Contractor’s Bid: i. A variance of 10% contract cost (contractor’s bid) to cost approach by appraiser is allowed; ii. The contract cost must be detailed in a manner which allows for underwriting review and progress inspection. Line item cost breakdowns should be aligned to the default 35 item budget. Any budget that does not have sufficient detail will be reallocated by contractor, or rejected; iii. Contract costs will be analyzed for frontloading. Any contract that is determined to be significantly front-loaded will be reallocated or declined; e. Certifications for roofs, private sewer/water, and termite damage, environmental conditions, etc. If these certifications require repairs, and the repairs are an eligible work item, then the funds for correction must be included in the list of repairs. f. Permits: Copy of all applicable permits, as required by local municipality, must be obtained within thirty (30) days of the loan closing. No progress draws will be made until permits Page 24 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual have been received and forwarded to loan administration. The Underwriter does have the discretion to request permits prior to close, if deemed necessary. Notification will be given as to if and when permits are required. g. Appraisal: The company or individual used to prepare the appraisal may be used as the inspector. h. State-specific statutory forms, if applicable: In addition, all parties must execute all Statespecific statutory forms not mentioned above. i. Property Inspection/Property Condition/Scope of Rehabilitation: In general, property condition and lender’s required scope of repairs will be determined based on the appraiser’s selection of condition, quality, and other characteristic ratings as per FNMA B4-1.3-06: Property Condition and Quality of Construction of the Improvements. In addition (and as noted in section F above), if the property and/or proposed renovation project includes any of the following conditions, a project Feasibility Study should be required to document and evaluate the quantity, quality, and cost of the renovation work proposed: a. Increase in the Gross Living Area (“GLA”) b. Modification or adjustment to floor plans (e.g. moving walls regardless of structural load transfers) c. Home originally constructed before 1978 Feasibility Study can be prepared by HUD Consultants, FHA Fee Inspectors, General Contractors (independent from subject project), Architects, or Renovation Consultants. Feasibility Studies should include information about the property condition, floor plan sketches (if changes are proposed), specification of proposed work or line items, and cost estimates. It is the responsibility of the loan officer to determine in the initial borrower interview if, based on the project proposed, a Feasibility Study should be ordered. K. Equity: If the loan requires a borrower’s equity contribution to complete the hard cost budget, the equity contribution will be collected at the time of the loan closing. The equity funds will be disbursed in accordance with the standard draw procedures prior to the disbursement of any funds. Deferred equity is not permitted. L. Appraisal and Project Conditions (Correspondent Seller Process): a. Seller to address all appraisal and project conditions b. Seller sends updated/corrected documentation through BHL Correspondent Lending Portal. M. Appraisal and Project Conditions (Banc Home Loans Process): a. BHL reviews and evaluates the updated/corrected documentation. b. If all appraisal and project conditions have been met, BHL provides supporting FNMA Homestlyle documentation and Clear to Close Renovation Project Conditions list to Seller. c. Correspondent sellers will receive the documents and renovation project information Page 25 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual listed in the example below: i. Draft Maximum Mortgage Worksheet (FNMA 1035) ii. Homestyle Renovation Consumer Tips iii. Construction Contract (FNMA 3734) iv. Permits/Certifications Required v. Contractor Bid vi. Contractor Documentation vii. ** See below ** If submitted loan is sold or securitized to investor other than Banc Home Loans, an additional FAQ document listing the lender’s primary renovation contact information will be provided to direct the borrower and contractor to the appropriate lender contact for all post-closing inquiries. N. Project Documents (Correspondent Seller Process): a. Seller receives BHL documents package for inclusion in loan file. b. Seller to ensure that all FNMA Homestyle documents are properly executed by the appropriate parties. Loan Closing and Loan Purchase The loan closing, loan purchase, post-close loan administration and draw processes described below apply on loans purchased by Banc Home Loans Correspondent Lending. A. Loan Registration and Locking: a. See Seller Guide Section 4 in the BHL Correspondent Portal for loan registration and locking policies and procedures. B. Closing Procedures: a. Processor’s Steps: i. Upon receipt of Clear to Close from RenovationReady Services: ii. Review and determine if any re-disclosures are needed; iii. Provide Closing Department the RenovationReady Funding Guide and Recap Form for correct disbursement of allowable renovation funds. iv. Double check to make sure all rehab funds to be released at closing are entered into the preliminary HUD-1 worksheet. v. Verify the FNMA LTV maximums have not been exceeded and the DU output is Approve/Eligible vi. Notify the internal and external parties of the scheduled closing date; vii. Follow all other standard loan closing policies and procedures Page 26 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual Closer’s Steps: viii. Verifies all documents and information is accurate; ix. Draws FNMA closing documents, including additional HomeStyle® specific documents, through lender’s system; x. Submits closing package to the attorney or title company; xi. Reviews preliminary HUD-1 and confirms the following HomeStyle® details are shown and are in the correct sections of the HUD-1: 1. HomeStyle® Repair Escrow Section 100 2. Inspection Fees Section 800 or 1300 3. Title Update Fee Section 800 or 1300 4. Permits Section 1300 5. Consultant Fee Section 1300 (May be POC) 6. Architectural/Engineering Section 1300 (May be POC) 7. Other Fees (Lead-Based Paint Section 1300 (May be POC) 8. Cert., Feasibility Study) b. Follow procedures set forth in Section 9.0 of the Correspondent Lending Seller Guide C. Post-Close Servicing and Accounting Set-Up When a HomeStyle® loan closes: a. ALL renovation escrow funds will initially be deposited into the lender’s rehabilitation escrow account. Upon delivery of the closed loan to BHL for purchase, the following loan purchase steps will occur: b. BHL Correspondent Lending will confirm closing amounts, closing documents, and renovation escrow balances are correct. c. Upon clearance of all credit and renovation conditions, loan will be clear for purchase. d. At time of purchase, Renovation Escrow Balance will be netted from wire and deposited into BHL Renovation Escrow Account to be administered by Renovation Loan Administration. D. Post-Close Administrative Set-Up and Commencement of Construction Renovation Loan Administration boards and balances closed Homestyle loan and executes the following: E. Welcome Call: a. After initial set-up, the borrower and contractor will both receive a welcome call that describes in detail the draw procedures including, but not limited to: b. Draw submission, c. Requisite forms, d. Website use, e. Inspection procedures, and Page 27 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual f. Respective duties and responsibilities of the borrower and the contractor. g. The borrower and the contractor will be informed that any changes to the original plan must be approved prior to any work to avoid the risk of having disbursements delayed or withheld. F. Continual Updates: a. It is important that any changes to the borrower information initially submitted on the application be tracked throughout the term of construction. This would include the borrower occupying the property, the borrower moving to a temporary residence, telephone number changes, contractor changes or any other material matter. Accurate borrower information is required to properly administer the repair escrow and service the loan. In many cases, the borrower’s telephone number or mailing address will change from the information on the application before the property is occupied. Reporting this information is needed for the borrower to properly receive his draw disbursements. G. Commencement of Construction: a. Construction on the project must commence within thirty (30) days of the Note Date. Required permits must also be received within thirty (30) days of the Note Date. b. Rehabilitation progress will be monitored for compliance, per protocol below: i. Thirty (30) days from close, if no inspection/draw has been requested, the borrower and contractor will be contacted and the progress of construction will be ascertained. Adequate information must be received to confirm work is in progress. ii. Sixty (60) days from close, if no inspection/draw has been requested, a status inspection will be scheduled to determine project progress. If the inspection finds that work is not being performed on a timely and compliant basis, an action plan for completion will be developed with the Consultant, contractor and borrower. All parties will sign the agreed to written plan. Ninety (90) days from close, verification that the action plan has been implemented will be obtained. If deemed necessary, a status inspection will be scheduled to verify that the action plan is being properly executed. H. Completion of Construction: a. Construction on the project must be completed within twelve (12) months of the Note Date, unless an extension has been requested and granted pursuant to FNMA guidelines. If construction is not complete and an extension is not granted, the loan will be considered to be in technical default for non-performance/Suspension of Construction. b. Please refer to: Non-Performance/Suspension of Construction – for additional information. I. Customer Service: a. Throughout the rehabilitation period, a full-service customer service department will be maintained to: Page 28 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual i. Manage the draw process; ii. Address inquiries by all parties of interest; iii. Manage inspections, draws, and related support. iv. Detailed customer service phone and email logs will be maintained for support and audit purposes. J. Draw Processing and Funds Disbursement Overview: a. All draw requests are processed pursuant to FNMA compliant policy and procedures. K. Maturity: a. Prior to the release of any draw, the completion date of the construction period will be checked. Loans that have exceeded the construction period without being extended will have funding suspended and require that work on the project cease until extension is executed. L. Holdback: a. The loan shall be set up with a minimum 10% retainage. The retainage will be netted from the total draw request. The holdback will be released with or after the final draw. M. Draw Transmittal Package: a. With each draw, a standardized draw transmittal package will be prepared. N. Draw Processing and Funding: a. Upon receipt of the standardized draw transmittal package, it is reviewed and endorsed by the underwriter or the acceptable assignee in loan administration. The signed draw approval is then used to request funds be wired from the Custodial Escrow Account to be used for payment to all approved payees. O. Final Draw Processing and Funding: a. The final draw requires additional documents to be included in the Draw Transmittal Package. These documents are as follows: i. An inspection showing work has been completed to 100%; ii. Certificate of Occupancy, permit sign-off or other local equivalent, where appropriate; iii. Completion Certificate (Form 1036); iv. Final Release Notice; v. Contingency Release Letter; vi. Any other State Statutory required documents. vii. The final draw will be processed and funded following the same procedures for all other draws. viii. At the time of final disbursement, any construction budget funds and contingency Page 29 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual funds remaining and undisbursed will be applied to the outstanding principal balance of the renovation loan, except when the borrower funded the contingency. In this case, the remaining contingency funds will be returned to the borrower. P. Draw Requirements - Detailed a. Draw Disbursement Request/Authorization: i. It is required that the draw be applied to specific budget line items. Individual line items cannot be overdrawn. The amounts allocated to individual lines, and the total of the draw must reconcile. ii. All product specific required FNMA Forms will be utilized and executed electronically or by hand by the required parties prior to funding. Other draw approval forms may be used as required by Banc Home Loans. iii. The expiration dates for the contractor’s license and insurance, as well as the twelve (12) month loan rehabilitation expiration date is tracked. iv. No draw package will be generated unless all such license or insurance are current. If the contractor’s insurance or license has expired, proof of renewal will be obtained prior to any draws. v. With respect to the expiration date of the twelve (12) month rehabilitation period, no draw will be paid past this date without the proper extensions being obtained. Q. Deposits: a. Deposits at close are not permitted. b. Mobilization deposits are not allowed. c. Labor deposits are not allowed. R. Contingency/Change Orders: a. Use of construction contingency funds to pay for change orders will be supported by the requisite product compliant forms and only for product specific approved use. b. All contingency requests will be reviewed with regard to the appropriateness of amount and timing. If the change order is deemed acceptable, the request will be approved or if deemed unacceptable the amount may be adjusted accordingly. c. As a general rule, a change order or a proof of payment/receipt is required to process draws from the contingency. The cost of a change order will be paid out of the contingency fund. In the event that the contingency fund is inadequate, the fee must be paid by the borrower. d. Contingency reserve funds may be used for cost overruns and related changes associated with the mandatory work items as detailed in the defined scope of work. e. If funds are remaining after the completion of the mandatory work items, they may be used for property improvement “upgrades” per FNMA guidelines, but generally these upgrades will be in line with the scope of work which has already been approved. f. Unused contingency funds will be applied as a principal reduction to the mortgage, or if funds were provided by the borrower, funds will be returned to the borrower. Page 30 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual S. Line Item Transfer: a. During the draw process there may be a need to transfer funds from one line item to another. To undertake a revision of a line item, evidence of savings must be verified in the surplus line item, and a change order with additional costs must be submitted and verified before surplus funds from another line item can be utilized to fund the deficient line item. b. If applicable, surplus funds may be transferred into the contingency reserve from lines that have been inspected to 100% complete and proof of payment to the subcontractor and/or supplier has been received. c. Line item transfers may be denied unilaterally based on other risk mitigation factors including variance, inactivity or excessive number of line item transfers early in the construction phase. T. Line Item/ Overall Budget Variance: a. Unless the product specifically prohibits any budget variance, a maximum 10% budget variance from the overall percentage of work complete in relationship to the total funds disbursed, is allowed. b. Deposits for specialty items manufactured offsite will not be included in the equation. If a variance occurs in excess of policy, future draws will be cut back until the variance falls within guidelines or the draw will be suspended until a resolution is reached. U. Lien Release Policy: a. State lien laws have placed the burden on the borrower to ensure subcontractors and suppliers are paid for their materials and their labor. In order to protect the collateral value of the home, Banc Home Loans also has to ensure that subcontractors and suppliers have been paid. b. Invoices and lien releases from the General Contractor(s) and certain other support in accordance with generally accepted best practices will be required with each draw. c. Some states require a State-specific lien release to be used. In those states, the required State-specific form must be used; otherwise, the standard Waiver of Lien forms will be used. V. Title Update Policy: a. Title updates will be made on each draw. Draws will be funded only if the title update reflects that there are no mechanic’s or tax liens encumbering the property. b. If a lien is filed on the project, the loan will be suspended until the issue is resolved satisfactorily; c. All specific statutory pre-lien notices, lien notices, or communications regarding nonpayment of subcontractors or suppliers should be forwarded to RR. W. Non-Performance - Suspension of Construction a. Banc Home Loans complies with FNMA Guidelines in regards to the uninterrupted continuation of work, and compliance with all HomeStyle® construction initiation and completion guidelines. b. Non-performance relates to non-monetary issues related to escrow and scope of work. Nonpayment and other monetary issues are not covered. Page 31 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual c. Project rehabilitation non-performance includes, but is not limited to: inability to complete rehabilitation work in the required timeframe, refusal to complete FNMA conventional minimum property repairs, expanding improvements without prior written approval, absence of occupancy by primary or co-borrower in required timeframe, liens are files on the property and are not cleared, changing contractors without prior written approval, or construction ceases on the property for more than thirty (30) days. d. Loans that remain non-performing for ninety (90) days will require further action. No further draws from the Rehabilitation Escrow Account will be allowed and the loan may be transferred to Asset Management for resolution. X. Contractor Replacement Requirements: a. In the event a contractor needs to be replaced, the following is required: i. A written letter from the Borrower requesting that the existing Contractor be replaced including the reason for the replacement and a list of all known liens recorded or pending. ii. A fully executed State specific Indemnification and Hold Harmless Agreement from the Borrower(s). iii. A fully completed Contractor Questionnaire with all attachments from the new Contractor. iv. A fully executed Renovation Contract from the new general Contractor to complete the project, and verification that the remaining funds are sufficient to complete the project. The contract is required to be compliant with the requirements of Section III Part A #2. v. A new Renovation Budget matching the amount left in the loan. If the new budget is greater than the amount left in the loan, arrangements or other alternative steps must be made for the Borrower’s equity contribution to the escrow account. Such funds will be provided to the lender for deposit to the escrow account. NOTE: It is possible for these additional funds to come from the existing contingency account as long as the contingency funds are still adequate to meet the requirements of its purpose. A final lien waiver executed by the original Contractor. vi. A current title update. vii. All other Contractor Acceptance requirements apply. viii. A signed exception authorization. Y. Inspections: a. Inspections will be completed by Consultants and/or appraisers. b. Inspections will be done to confirm the work is in place and complete per each draw request. The scope of inspection will include the entire budget and will be on a line by line basis. c. Inspections will be submitted with a field report and digital pictures. d. Credit will not be given for materials that are not installed or work that has not been completed. Z. Insurance & License: a. All insurance and license information must be accurate and current at all times. The following is required: Page 32 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual Contractors: a. Contractor’s State License (if required by State) a. Liability Insurance b. Workman’s Compensation Insurance, if applicable. (Details about the contractor’s requirements are outlined in Contractor’s Review section.) b. Homeowners: a. Homeowner’s Insurance b. Flood Insurance, if applicable. AA. Other Disbursements a. Monthly Mortgage Payment from Reserves: i. If a reserve for the monthly mortgage payment was established at closing, the monthly mortgage payment must be made directly from the interest bearing reserve account. Payment will be made by the 5th of each month by the servicing department of the lender. BB. Extensions a. Extensions of the original completion date are to be requested by the borrower in accordance with the specific program guidelines. The specific situation must dictate an extension and not be used to cover up problems that will complicate the process later. b. Extensions, with adequate written documentation, must be submitted to Banc Home Loans to request an extension. The extension must be reviewed and approved by the Loan Servicing Administrator. c. An extension can only be granted if the loan payments are current. Extensions will be required when necessary before any disbursement can be made. Extensions for disbursement of final draws are not required, when the project is 100% complete. CC. Non-Performance Default a. In the event of a non-performance default, Banc Home Loans will work in concert with the borrower and contractor to review the available risk mitigation alternatives. Banc Home Loans has the option to call the mortgage loan due and payable. b. The funds remaining in the account can be applied to reduce the mortgage principal. DD. Exception Policy a. Contractor acceptance exceptions are allowed on a case by case basis, approved by the underwriter. The exception request for a contractor acceptance exception will require submission of all documentation supporting the request. b. A maturity extension exception may be allowed on a case by case basis as approved by the underwriter. The exception request for an extension will require submission of all documentation supporting the request. Page 33 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual EE. Annual Year-End Reporting a. In order to satisfy annual 1099 IRS Reporting requirements, Banc Home Loans will perform the following: b. Obtain completed IRS Form W-9’s from all payees of funds as such may be required by applicable IRS rules and regulations. Prepare, issue and mail Form 1009-MISC using Banc Home Loans’ EIN to all payees of funds and submit applicable reports on an annual basis in compliance with IRS guidelines and time requirements. c. Prepare, report and provide to borrowers all interest earned by borrowers from the funds held in the rehabilitation accounts in the form of an IRS Form 1099-INT on an annual basis in compliance with IRS guidelines and time requirements. Page 34 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual Reference Exhibits Homestyle Fee Sheet The following fees should be charged on all HomeStyle loans: The following fees may be charged on a HomeStyle Loans : Inspection Fee (line C1 e) Architect/Engineering Fee (C1 c) Title Updates (line C1 f) Consultants Fee(C1 d) Other (C1 i) Permits (C1 g) Page 35 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual Contractor Registration Form and Online Resume Submission Page 36 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual Contractor Registration Form and Online Resume Submission (Cont’d) Page 37 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual Page 38 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual Page 39 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual Page 40 Construction and Renovation Lending Rev. June, 2015 FNMA HomeStyle® Rehabilitation Loan Program Correspondent Program Manual Sample 35 Line Item Budget Page 41 Construction and Renovation Lending Rev. June, 2015