Hi Jon - thank you for the response.
The stack of paperwork does include an Assignment of Leases.
The Uniform Residential Loan Application has a checkmark in the box next to "Investment"
The Affidavit of Occupancy states that the property is "Investment Property: Not owner occupied. Purchased as an investment to be held or rented."
The only language they seem to be using is in the Addendum to HUD-1 Settlement Statement that states:
"Agreement to Correct Clerical Errors. In the event of a mistake or clerical error in any of the documents or in any amounts paid or received at closing resulting therefrom, Seller and Borrower/Purchaser agree to promptly execute such documents as requested by closing attorney and to pay any amounts due to owing as a result of said errors ..."
And in the Compliance Agreement, "... if requested by the Lender ... to fully cooperate in adjusting for clerical errors, any and all loan closing documentation deemed necessary or desirable in the reasonable discretion of Lender to enable Lender to sell ... said loan to any entity"
I don't really see how this is a clerical error since it is consistent with the contract.
If the loan isn't acceptable to Fannie Mae by their own mistake, then they should pursue another investor that doesn't have that guideline, right?