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Continuity of Obligation - Fannie Mae just removed their rules
Continuity of Obligation was a policy that came about during the financial crisis that basically limited the amount of loan you were able to obtain from a property after taking or being "added," to title on a property. The policy was implemented mainly to reduce the mortgage agency's risk of over extending loans on distressed properties during a time when property values were in free fall. Fannie mae has since removed this policy so there are no more loan to value restrictions after being added to title. This does not mean you dont have to wait 6 months to cash out, but rather you're not subject to the rules of "continuity of obligation," or COB below.
Its important to note that COB never affected properties acquired that were free and clear. It only affected properties that had debt tied to the property when a new person/entity was added to title.
The rules used to be that:
1) if you were added to a title of the property within the last 2 years or 24 months
2) that had a loan against the property and you were not obligated on this loan
then you'd be limited to 50% Loan to value for up to 2 years unless you qualified for certain exceptions below:
- 1) you acquired title and have met at least one of these criteria:
- lived in the home for min of 12 months,
- paid the mortgage for 12 months or
- can demonstrate a relationship with the current obligator on the mortgage on the underlying property
- 2) you acquired the property through inheritance or by court order via divorce or other award
- 3) you owned the property indirectly through an entity that was transferred into your name from a LLC, trust, partnership, etc where your share was at least 25% or more (transfer from a S or C corporation does not meet exception)
- 4) been on title for 24 + months
These restrictions are no more, so plan your loans accordingly. If you have any questions feel free to let me know.
Comments (3)
Albert,
I just came upon you post while researching Continuity of Obligation/Ownership. A mortgage consultant was working with a few months back, was helping come up with a financing strategy. The sellers own the property outright, and want to sell to fund their retirement. The cash flow is there, but I'm cash strapped for now. The consultant said that the seller and I could essentially refinance their property, adding me to the mortgage and title, with them taking the cash. We'd then hold it like that for some period of time, when I would refinance it myself, eliminating them from the mortgage. The consultant said the key was "continuity of Ownership, though maybe she mean obligation, and that this is what would help the lenders view it as a refinance.
Does this approach make any sense to you? Are there risks for the seller, other than they'd be on the mortgage until I refinance again? I'm in SC (as is the property) - would something like this be a transaction you could do?
Robert Clifford
703-772-9793
Robert Clifford, over 5 years ago
This is an amazing change which will be of great benefit for those of us who have "subject to" deals. Thanks for posting!
Kerry Baird, almost 9 years ago
some circumstances where borrowers and COB used to get caught up would be:
- taking title to the property "subject to," within the last 24 months then wanting to refinance the prior sellers loan out but then realizing that the LTV relative to the current market value was over 50% (lots of investors I worked with got snagged with this)
- helping a friend out by taking title then trying to refinance your friend out
Albert Bui, almost 9 years ago