Investor Solutions - DSCR Loan Eligibility Criteria
Debt Service Coverage
Published & Effective as of 10/01/2019
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CONTENTS
Section 1.0 - PROGRAM ........................................................................................................................................................................ 4
1.1 - Overview .................................................................................................................................................................................... 4
Section 2.0 - LOAN ELIGIBILITY ............................................................................................................................................................ 4
2.1 - Eligible Products ........................................................................................................................................................................ 4
2.2 - Interest Only Restrictions ......................................................................................................................................................... 5
2.3 – Delegated Review ................................................................................................................................................................... 5
2.4 - Loan Amounts ............................................................................................................................................................................. 5
2.5 - Minimum FICO ........................................................................................................................................................................... 5
2.6 - Maximum LTV/CLTV................................................................................................................................................................. 5
2.7 - Interested Party Contributions (Seller Concessions) ........................................................................................................... 5
2.8 - Escrows - Impound Accounts ................................................................................................................................................... 6
2.9 - Secondary Financing ................................................................................................................................................................ 6
2.10 - Seasoning (Loan and Document) ......................................................................................................................................... 6
2.11 - Fees ........................................................................................................................................................................................... 6
2.12 - Borrower Statement Of Occupancy ................................................................................................................................... 6
2.13 - Borrower Statement of Business Purpose .......................................................................................................................... 6
2.14 - Automatic Payment Authorization (ACH) .......................................................................................................................... 7
2.15 – Borrower Contact Consent Form ........................................................................................................................................ 7
2.16 - Prepayment Penalty .............................................................................................................................................................. 7
2.17 - Listing Seasoning .................................................................................................................................................................... 7
2.18 - Premium Recapture ................................................................................................................................................................ 8
2.19 - Early Payment Default (EPD) ............................................................................................................................................... 8
2.20 – Legal Documentation ............................................................................................................................................................ 8
2.1 - Assumability ............................................................................................................................................................................... 8
2.22 – Property Insurance ................................................................................................................................................................ 8
2.221 - Coverage Requirements ................................................................................................................................................ 8 2.222 - Determining the Amount of Required Property Insurance ...................................................................................... 9
2.23 – Interest Credit ...................................................................................................................................................................... 10
3.0 - PROPERTY ELIGIBILITY ................................................................................................................................................................ 10
3.1 - Appraisals ................................................................................................................................................................................ 10
3.11 – Appraisal Requirements ................................................................................................................................................ 10 3.12 - Appraisal Review Requirements .................................................................................................................................. 13 3.13 - Minimum Square Footage.............................................................................................................................................. 14 3.14 – Rural Property ................................................................................................................................................................. 14 3.15 - Personal Property............................................................................................................................................................ 14 3.16 – Escrow Holdbacks ........................................................................................................................................................... 14 3.17 – Declining Markets ........................................................................................................................................................... 14
3.2 - Property Types: ....................................................................................................................................................................... 15
3.21 – Eligibile Properties: ........................................................................................................................................................ 15 3.22 – Ineligible Properties: ...................................................................................................................................................... 15
3.3 - Acreage Limitations ................................................................................................................................................................ 15
3.4 - State Eligibility ........................................................................................................................................................................ 15
3.5 - Property Flipping .................................................................................................................................................................... 16
3.6 - Title Vesting & Ownership .................................................................................................................................................... 16
3.61 - Examples - Signature Requirements:.......................................................................................................................... 18
3.7 - Leasehold properties ............................................................................................................................................................. 19
3.8 - Limitations on Financed Properties ...................................................................................................................................... 19
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3.9 – Disaster Areas ........................................................................................................................................................................ 19
3.91 - Appraisals Completed Prior to Disaster ..................................................................................................................... 19 3.92 - Appraisals Completed After Disaster Event .............................................................................................................. 19 3.93 - Disaster Event Occurs after Closing but prior to Loan Purchase ........................................................................... 19
3.10 - Condominiums ....................................................................................................................................................................... 20
3.101 - General Project Criteria .............................................................................................................................................. 20 3.102 - Ineligible Projects .......................................................................................................................................................... 20 3.104 - Non-warrantable Condominium Projects ................................................................................................................. 21 3.105 - Re-certification of Projects .......................................................................................................................................... 24
Section 4.0 - TRANSACTION TYPES .................................................................................................................................................. 24
4.1 - Non-Arms Length and Interested Party Transactions ...................................................................................................... 24
4.11 - Non-Arm’s Length Transaction ...................................................................................................................................... 24 4.12 - Interested Party Transaction ......................................................................................................................................... 24 4.13 - Eligible Non-Arm’s Length And Interested Party Transactions ............................................................................... 24 4.14 - Non-Arm’s Length And Interested Party Restrictions ................................................................................................ 25
4.2 - Transaction ............................................................................................................................................................................... 25
4.21 - Purchase ............................................................................................................................................................................ 25 4.22 - Rate/Term Transaction ................................................................................................................................................... 25 4.23 - Cash-Out ........................................................................................................................................................................... 25
Section 5.0 - BORROWER ELIGIBILITY .............................................................................................................................................. 27
5.1 - First Time Home Buyers .......................................................................................................................................................... 27
5.2 - Residency .................................................................................................................................................................................. 27
5.21 - U.S. Citizen ........................................................................................................................................................................ 27 5.22 - Permanent Resident Alien .............................................................................................................................................. 27 5.23 - Non-Permanent Resident Alien ..................................................................................................................................... 28 5.24 - Foreign National .............................................................................................................................................................. 28 5.25 - Inter Vivos Revocable Trust ........................................................................................................................................... 28 5.26 - Ineligible Borrowers ........................................................................................................................................................ 29
Section 6.0 - CREDIT ............................................................................................................................................................................. 29
6.1 - Credit Reports ......................................................................................................................................................................... 29
6.2 – Loan Integrity and Fraud Check ......................................................................................................................................... 29
6.3 - Credit Inquiries ........................................................................................................................................................................ 30
6.4 - Housing History ....................................................................................................................................................................... 30
6.5 - Consumer Credit ..................................................................................................................................................................... 30
6.51 - Consumer Credit History ................................................................................................................................................ 30 6.52 - Timeshares ......................................................................................................................................................................... 30 6.53 - Consumer Debt ................................................................................................................................................................. 31 6.54 - Consumer Credit Counseling Services ......................................................................................................................... 31 6.55 - Judgment or Liens ............................................................................................................................................................ 31 6.56 - Income Tax Liens .............................................................................................................................................................. 31 6.57 – Disputed Accounts ........................................................................................................................................................... 31
6.6 - Bankruptcy History ................................................................................................................................................................. 31
6.7 - Foreclosure Seasoning ........................................................................................................................................................... 32
6.8 - Short Sale / Deed in Lieu Seasoning ................................................................................................................................. 32
6.9 - Forbearance or Modification ............................................................................................................................................... 32
6.10 - Credit Score .......................................................................................................................................................................... 32
6.11 - Tradelines .............................................................................................................................................................................. 33
6.111 -Standard Tradelines ...................................................................................................................................................... 33 6.112 - Limited Tradelines ......................................................................................................................................................... 33
6.12 - Obligations not appearing on Credit Report ................................................................................................................ 33
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6.121 - Housing and Mortgage related Obligations .......................................................................................................... 33
Section 7.0 - ASSETS ............................................................................................................................................................................ 33
7.1 - Documentation Options ......................................................................................................................................................... 33
7.2 - Reserves .................................................................................................................................................................................... 33
7.3 - Down Payment Sourcing ........................................................................................................................................................ 34
7.4 - Gift Funds ................................................................................................................................................................................. 34
7.5 - Asset Documentation .............................................................................................................................................................. 34
7.51 - Business Funds ................................................................................................................................................................... 34
Section 8.0 - INCOME .......................................................................................................................................................................... 34
8.1 - Debt Service Coverage ......................................................................................................................................................... 35
8.11 - Restrictions ......................................................................................................................................................................... 35 8.12 - Borrower Income .............................................................................................................................................................. 35 8.13 - Asset Documentation ....................................................................................................................................................... 35 8.14 - Property Gross Income Documentation and Determination .................................................................................... 35 8.15 - Rent Loss insurance .......................................................................................................................................................... 37 8.16 - Default Event .................................................................................................................................................................... 37
8.2 - Foreign National ..................................................................................................................................................................... 37
8.21 - Automatic Debit Payment Agreement (ACH) ............................................................................................................ 37 8.22 - Foreign National Program Specific Documentation Requirements ....................................................................... 37 8.23 - Foreign National Credit ................................................................................................................................................. 38 8.24 - Foreign National Income ................................................................................................................................................ 39 8.25 - Foreign National Assets ................................................................................................................................................. 39
Section 9.0 – TITLE INSURANCE ......................................................................................................................................................... 40
9.1 - Title Policy Requirements ....................................................................................................................................................... 40
9.11 - Terms of Coverage ......................................................................................................................................................... 40 9.12 - Effective Date of Coverage .......................................................................................................................................... 40 9.13 - Amount of Coverage ...................................................................................................................................................... 40 9.14 - MERS .................................................................................................................................................................................. 40 9.15 - Other Requirements ........................................................................................................................................................ 41 9.16 - Chain of Title .................................................................................................................................................................... 41 9.17 - Condominium or Planned Unit Developments ............................................................................................................ 41 9.18 - Title Exceptions................................................................................................................................................................. 42 9.19 - Minor Impediments to Title ............................................................................................................................................ 42
EXHIBIT A: Occupancy Certification .............................................................................................................................................. 44
EXHIBIT B: Automatic Payment Authorization (ACH) FORM ..................................................................................................... 45
EXHIBIT C: Personal Guaranty Form ............................................................................................................................................. 46
EXHIBIT D: Borrower Certification of Business Purpose ............................................................................................................. 47
EXHIBIT E: Condominium Project Questionnaire .......................................................................................................................... 48
EXHIBIT F: Developer/Builder Questionnaire .............................................................................................................................. 52
EXHIBIT G: LLC Borrowing Certificate – Single Member ......................................................................................................... 53
EXHIBIT H: LLC Borrowing Certificate – Multiple Member ....................................................................................................... 54
EXHIBIT I: Borrower Contact Consent Form .................................................................................................................................. 55
EXHIBIT J: Condominium Project Warranty Certification ......................................................................................................... 56
EVHIBIT K: Pre-Close Eligibility File Submission Checklist ......................................................................................................... 57
EXHIBIT L: Spousal Consent Form ................................................................................................................................................... 58
EXHIBIT P – Appraisal Review Guide........................................................................................................................................... 59
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SECTION 1.0 - PROGRAM
1.1 - OVERVIEW
The Verus Mortgage Capital (Verus) Product Eligibility Guides establish the criteria that must be met as of the file
submission date in order for any loan to be considered eligible for purchase by Verus. This Product Eligibility Guide,
along with the Seller’s Guide and the Mortgage Loan Purchase Agreement, as amended from time to time, together
govern the business relationship and constitute the entire “agreement” between Verus and the sellers.
Loans sold to Verus must meet the criteria of the current published guide as of the file submission date.
SECTION 2.0 - LOAN ELIGIBILITY
2.1 - ELIGIBLE PRODUCTS
The following loan products are eligible for purchase by Verus:
Fully Amortizing
o Qualifying Ratios are based on PITIA payment with the principal and interest payments amortized over
the loan term
o 3/1 LIBOR: (2/2/5 Cap Structure)
o Qualifying Rate: qualify borrower(s) at Note Rate (Business Purpose).
o 5/1 LIBOR: (2/2/5 Cap Structure)
o Qualifying Rate: qualify borrower(s) at Note Rate (Business Purpose).
o 7/1 LIBOR: (5/2/5 Cap Structure)
o Qualifying Rate: qualify borrower(s) at Note Rate (Business Purpose).
o 10/1 LIBOR: (5/2/5 Cap Structure)
o Qualifying Rate: qualify borrower(s) at Note Rate (Business Purpose).
o 15 Year Fixed
o 30 Year Fixed
Interest-Only
Qualifying Ratios are based on ITIA payment (Business Purpose).
o 3/1 or 5/1 LIBOR: (2/2/5 Cap Structure)
▪ Qualifying rate (All Doc Types): qualify borrower(s) at Note Rate.
▪ Interest-Only Period: 10 Year Interest-Only Period followed by a 20 Year Amortization
Period
o 7/1 or 10/1 LIBOR: (5/2/5 Cap Structure)
▪ Qualifying rate (All Doc Types): qualify borrower(s) at Note Rate.
▪ Interest-Only Period: 10 Year Interest-Only Period followed by a 20 Year Amortization
Period
o 30 Year Fixed Rate
▪ Qualifying rate (All Doc Types): qualify borrower(s) at the Note Rate.
▪ Interest-Only Period: 10 Year Interest-Only Period followed by a 20 Year Amortization
Period
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Short Term - DSCR
o 12-month Fixed, interest only payment with a Balloon
2.2 - INTEREST ONLY RESTRICTIONS
• Max 75% LTV, applies to term loans
2.3 – DELEGATED REVIEW
The seller is required to perform a manual underwrite of the credit file and document the file based upon the criteria
contained in this manual. Unless otherwise stated, Fannie Mae definitions, documentation and underwriting guidelines
prevail and should be followed. These Eligibility Guidelines offer guidance to a Seller regarding the products Verus
will purchase. To assist sellers in their decision-making process, a pre-close review by a due diligence firm is an
available option. Please see Section 4.0 of the Seller Guide for complete details on the pre-close diligence process.
2.4 - LOAN AMOUNTS
Minimum: $75,000
Maximum: $5,000,000 (2 appraisals required for loan amounts above $1.5MM)
2.5 - MINIMUM FICO
620
See Verus Matrices for Grade Determination.
2.6 - MAXIMUM LTV/CLTV
80 / 80
See Verus Matrices for LTV/CLTV maximum by product type.
2.7 - INTERESTED PARTY CONTRIBUTIONS (SELLER CONCESSIONS)
May not exceed 3%
All Interested Party Contributions must be properly disclosed in the sales contract, appraisal and HUD-1 and be
compliant with applicable federal, state and local law.
Interested party contributions include funds contributed by the property seller, builder, real estate agent/broker,
mortgage lender, or their affiliates, or any other party with an interest in the real estate transaction.
Interested party contributions may only be used for closing costs and prepaid expenses (Financing Concessions) and
may never be applied to any portion of the down payment or contributed to the borrower’s financial reserve
requirements. If an Interested Party Contribution is present, both the appraised value and sales price must be
reduced by the amount of the concession amount that exceeds the limits referenced above.
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2.8 - ESCROWS - IMPOUND ACCOUNTS
Escrow funds/impound accounts are required on all loan terms > 12-months. An escrow is not required on the short
term business purpose loans.
2.9 - SECONDARY FINANCING
Secondary financing must be institutional. Lenders must employ reasonable underwriting policies and procedures
designed to determine whether the borrower has applied for another credit transaction secured by the same
dwelling. Existing secondary financing must be subordinated and recorded or refinanced. HELOC CLTV must be
calculated at the maximum available credit line amount unless the borrower can provide documentation the line of
credit is past its draw period.
2.10 - SEASONING (LOAN AND DOCUMENT)
Verus will not purchase loans seasoned more than 45 days from the Note date at the loan delivery date.
Underwriting and borrower credit documents may not be more than 120 days seasoned at the Note date.
The appraisal should be dated no more than 120 days prior to the Note date (If recert. of value provided, the
appraisal may be up to 180 days).
2.11 - FEES
Funding fee: $500
Condo Project Approval fees:
Established: $170
New: $800
Full Legal: $200
Fees will be deducted at time of loan funding and will be reflected on the funding memo. Unpaid fees associated
with loans not purchased may be netted from future funding.
2.12 - BORROWER STATEMENT OF OCCUPANCY
Borrower must acknowledge that the loan is a business purpose loan by completing and signing the appropriate
sections of the “Occupancy Certification” in EXHIBIT A of this guide.
Underwriters are to address any red flags that may indicate that the property is not intended exclusively for
investment purposes. Common occupancy red flags include:
• Subject property value exceeds value of the borrower’s primary residence
• The borrower is currently renting his/her primary residence
• Subject property could reasonably function as a second home
2.13 - BORROWER STATEMENT OF BUSINESS PURPOSE
Borrower must acknowledge that the loan is a business purpose loan by completing and signing the appropriate
sections of the “Borrower Certification of Business Purpose” in EXHIBIT D of this guide. Cash out loan proceeds used
for any personal use are not eligible.
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2.14 - AUTOMATIC PAYMENT AUTHORIZATION (ACH)
It is recommended that the borrower execute an assignable Automatic Debit Payment Agreement (ACH Form). The
ACH Form should be substantially similar to EXHIBIT B of this guide and include the bank routing number, account
number, and account type.
An executed Automatic Debit Payment Agreement (ACH Form) from a U.S. Bank, is required for transactions involving
a Foreign National or a U.S. citizen living aboard.
2.15 – BORROWER CONTACT CONSENT FORM
To assist the loan servicer in contacting the borrower in a timely manner, the seller is required to obtain a valid phone
number for the borrower(s). The phone number can be collected on the 1003 loan application or by using the
Borrower Contact Consent Form (Exhibit I) in the Exhibit section of the Guide.
2.16 - PREPAYMENT PENALTY
Where permitted by applicable laws and regulations, a prepayment charge can be structured to be assessed for
between one (1) and up to five (5) years following the execution date of the note. The following prepayment
structures may be utilized; either six (6) months of interest, fixed percentage (3%, 4%, or 5%) for the term of the
penalty, or declining structures that do not exceed 5% and do not drop below 3% in the first 3 years. (See rate
sheet for further detail). The prepayment penalty can be disclosed within the body of the Note or in a separate
rider.
• Six Months Interest - The prepayment charge will be equal to 6 months of interest on the amount of the
prepayment that exceeds 20% of the original principal balance. The charge applies to loans that payoff
due to sale or refinance, or curtailments that exceed 20% of original principal balance in a given 12-month
time period.
• 3%, 4%, or 5% fixed percentage - The prepayment charge will be equal to the fixed percentage and
applied to any curtailment or the entire outstanding principal balance during the prepay period. The charge
applies to loans that payoff due to sale or refinance.
• Declining structures that do not exceed 5% and do not drop below 3% in the first 3 years. For example:
(5%/4%/3%/3%/3%) or (5%/4%/3%/2%/1%) - The prepayment charge will be equal to the
percentage in effect and applied to any curtailment or the entire outstanding principal balance during the
prepay period. The charge applies to loans that payoff due to sale or refinance.
The following state restrictions apply:
• Prepayment penalties not allowed in AK, KS, MD, MI, MN, NM, OH, and RI.
• Prepayment penalties not allowed on loans vested to individuals in IL and NJ.
• Prepayment penalties not allowed on loan amounts less than $250,324 in PA.
• Only declining prepayment penalty structures allowed in MS.
A prepay penalty is not eligible on a short term business purpose loan.
2.17 - LISTING SEASONING
For all cash-out refinances, properties previously listed for sale should be seasoned at least 6 months from the listing
contract expiration date. Listing expiration dates of less than 6 months are permitted with a prepayment penalty.
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2.18 - PREMIUM RECAPTURE
Loans Paying off early, as defined in the sellers Mortgage Loan Purchase Agreement, will be subject to Premium Recapture.
Premium Recapture liability is reduced by any prepayment penalty amounts collected by Verus.
2.19 - EARLY PAYMENT DEFAULT (EPD)
Early Payment Default (EPD), loans that become delinquent after the loan sale to Verus, are subject to repurchase by
the Seller pursuant to the EPD language in the loan sellers Mortgage Loan Purchase Agreement.
2.20 – LEGAL DOCUMENTATION
Available Fannie Mae security instruments, notes, riders/addenda, and special purpose documents can be utilized for
loan documentation. In the case when Fannie Mae doesn’t offer current documentation, such as interest only, a
document vendor, such as Doc Magic, should be utilized for forms.
As an alternative, Verus offers a business purpose document set consisting of: Note, Loan Agreement, Personal
Guarantee, and Prepayment Rider. The documents can be accessed via the www.verusmc.com web site. The Fannie
Mae state specific deed of trust or mortgage should be utilized with this document set.
See the Seller Guide for complete collateral and collateral delivery requirements.
2.1 - ASSUMABILITY
Fixed Rate Notes – Are not assumable.
Adjustable Rate Notes – May be assumable based upon the note. In general, Fannie Mae Notes contain an
assumable clause. In any case, the verbiage in the Note and Closing Disclosure must match.
Short term business purpose loans are not assumable.
2.22 – PROPERTY INSURANCE
2.221 - COVERAGE REQUIREMENTS
Property insurance for loans must protect against loss or damage from fire and other hazards covered by the standard extended coverage endorsement. The coverage must provide for claims to be settled on a replacement cost basis. Extended coverage must include, at a minimum; wind, civil commotion (including riots), smoke, hail, and damages caused by aircraft, vehicle, or explosion. Policies that limit or exclude from coverage (in whole or in part) windstorm, hurricane, hail damages, or any other perils that normally are included under an extended coverage endorsement are not acceptable.
Borrowers may not obtain property insurance policies that include such limitations or exclusions, unless they are able to obtain a separate policy or endorsement from another commercial insurer that provides adequate coverage for the limited or excluded peril or from an insurance pool that the state has established to cover the limitations or exclusions.
Additional requirements apply to properties with solar panels that are leased from or owned by a third party under a power purchase agreement or other similar arrangement. See Fannie Mae.
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The insurance coverage should reflect one of the following:
• 100% of the insurable value of the improvements, as established by the property insurer; or
• the unpaid principal balance of the mortgage, as long as it at least equals the minimum amount—80% of the insurable value of the improvements—required to compensate for damage or loss on a replacement cost basis. If it does not, then coverage that does provide the minimum required amount must be obtained.
2.222 - DETERMINING THE AMOUNT OF REQUIRED PROPERTY INSURANCE
The following table describes how to calculate the amount of required property insurance coverage:
Step Description
1
Compare the insurable value of the improvements as established by the property insurer to the unpaid
principal balance of the mortgage loan.
1A If the insurable value of the improvements is less than the unpaid principal balance, the insurable value is the amount of coverage required.
1B If the unpaid principal balance of the mortgage loan is less than the insurable value of the improvements, go to Step 2.
2 Calculate 80% of the insurable value of the improvements.
2A If the result of this calculation is equal to or less than the unpaid principal balance of the mortgage, the unpaid principal balance is the amount of coverage required.
2B If the result of this calculation is greater than the unpaid principal balance of the mortgage, this calculated figure is the amount of coverage required.
• Examples:
Category Property A Property B Property C
Insurable Value $90,000 $100,000 $100,000
Unpaid Principal Balance $95,000 $ 90,000 $ 75,000
80% Insurable Value — $ 80,000 $ 80,000
Required Coverage $90,000 $ 90,000 $ 80,000
Calculation Method Step 1A Step 2A Step 2B
Insurance coverage not addressed above default to FNMA requirements.
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2.23 – INTEREST CREDIT
Loans closed within the first 5calendar days of the month may reflect an interest credit to the borrower.
3.0 - PROPERTY ELIGIBILITY
See Section 5.0 in the Seller Guide for additional requirements related to Appraisals and Properties.
Sellers are to address red flags that the property may not be intended for investment. Common occupancy red flags
include:
• Subject property value exceeds value of the borrower’s primary residence.
• Subject property is located in close proximity to the borrower’s primary residence and/or place of
employment.
• Subject property could reasonably function as a second home.
• Borrower is currently renting a primary residence.
3.1 - APPRAISALS
3.11 – APPRAISAL REQUIREMENTS
Appraisers must meet all industry standards and be State Certified. State Licensed appraisers and Trainees are not
permitted. All real estate appraisals must be performed according to the Uniform Standards of Professional
Appraisal Practice (USPAP) and FNMA guidelines, including Universal Appraisal Dataset (UAD) requirements.
Appraisal assignments must be obtained in a manner that maintains appraiser independence and does not unduly
influence the appraiser to meet a predetermined value. Verus reserves the right to restrict the use of any specific
appraiser and/or appraisal management company at its discretion.
Sellers are responsible for reviewing the appraisal report for accuracy, completeness, and its assessment of the
marketability of the subject property. The seller needs to determine that the subject property provides acceptable
collateral for the loan. For guidance in the manual review of an appraisal report see Exhibit P.
The age and price of the subject property should fall within the age and price range of properties in the subject
neighborhood. Comparable properties should be selected from the same neighborhood when possible, selection of a
comparable outside the subject neighborhood should be addressed within the report. For condominiums, at least one
comparable should be from outside the subject project. Ideally, comparable sales should be within 6-months of the
report date. Older comparable sales that are the best indicator of value should be addressed in comments by the
appraiser.
A Full Interior/Exterior appraisal required.
• Uniform Residential Appraisal Report - Fannie Mae/Freddie Mac Forms 1004/70.
• Small Residential Income Property Report – Fannie Mae/Freddie Mac Forms 1025/72.
• Individual Condominium Unit Appraisal Report - Fannie Mae/Freddie Mac Forms 1073/465.
• Appraisal Update and/or Completion Report – Fannie Mae/Freddie Mac Forms 1004D/442.
• Single Family Comparable Rent Schedule – Fannie Mae/Freddie Mac Forms 1007/1000
Correspondents must order appraisals using one of two processes. The appraisal must either be ordered through an
Appraisal Management Company that complies with Appraiser Independence Requirements (AIR), or via the
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correspondent’s own AIR compliant process. The licensed appraiser must complete an interior inspection of the subject
property.
The appraisal should be dated no more than 120 days prior to the Note date. After a 120-day period, a re-
certification of value is acceptable up to 180-days. After 180-days, a new appraisal is required.
Applicable to all products, Verus will not purchase any properties for which the appraisal indicates condition ratings
of C4, C5 or C6, or a quality rating of Q6, each as determined under the Uniform Appraisal Dataset (UAD)
guidelines. Multi-family properties with ratings of Fair/poor are also ineligible. Verus will consider purchase if issue
has been corrected prior to loan funding with proper documentation.
SECOND APPRAISAL
A Second Appraisal is required when any of the following conditions exist. When a second appraisal is provided, the
transactions “Appraised Value” will be the lower of the two appraisals. The second appraisal must be from a
different appraisal company and appraiser than the first appraisal.
• Loan Amount exceeds $1,500,000
• The transaction is a cash out, the loan balance exceeds $1,000,000 and LTV exceeds 65%.
• The transaction is a flip as defined in the Property Flipping section of this guide
• As required under the Appraisal Review Products section of this guide
APPRAISAL EVALUATION
Neighborhood Analysis
• Boundaries should include direction, streets, waterways, or other natural boundaries that define the
separation of one neighborhood from another.
• Characteristics can be addressed by type of structure and architectural styles, current land use, site size and
street patterns or designs
• Factors that affect value and marketability can be addressed by such things as proximity of the property to
employment and amenities and employment stability.
Existing Construction
• If the appraiser reports the existence of minor conditions or deferred maintenance items that do not affect
the safety, soundness, or structural integrity of the property, the appraiser may complete the appraisal “as
is” and these items must be reflected in the appraiser’s opinion of value.
• When there are incomplete items or conditions that do affect the safety, soundness, or structural integrity of
the property, the property must be appraised subject to completion of the specific alterations or repairs.
These items can include a partially completed addition or renovation, or physical deficiencies that could
affect the safety, soundness, or structural integrity of the improvements, including but not limited to, cracks or
settlement in the foundation, water seepage, active roof leaks, curled or cupped roof shingles, or
inadequate electrical service or plumbing fixtures. In such cases, the lender must obtain a certificate of
completion from the appraiser before the mortgage is delivered to Fannie Mae.
Subject Section
• Require the appraiser to research and identify whether the subject property is currently for sale or if it has
been offered for sale in the 12 months prior to the effective date of the appraisal. If the answer is ‘No,’ the
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data source(s) used must be provided. If the answer is ‘Yes,’ the appraiser must report on each occurrence or
listing and provide the following information:
o Offering price(s)
o Offering date(s), and
o Data source(s) used
For example; if the subject property is currently listed for sale and was previously listed eight
months ago, the appraiser must report of both offerings.
Actual and Effective Ages
• Do not place a restriction on the actual age of the dwelling. Older dwellings that meet general requirements
are acceptable. Improvements for all properties must be of the quality and condition that will be acceptable
to typical purchasers in the subject neighborhood. The relationship between the actual and effective ages of
the property is a good indication of its condition. A property that has been well-maintained generally will
have an effective age somewhat lower than its actual age. On the other hand, a property that has an effective
age higher than its actual age probably has not been well-maintained or may have a particular physical
problem. In such cases, the lender should pay particular attention to the condition of the subject property in its
review of any appraisal report. When the appraiser makes adjustments for the “Year Built,” he or she must
explain the adjustments that were made.
Outbuildings
• A lender must give properties with outbuildings special consideration in the appraisal report review to
ensure that the property is residential in nature. Descriptions of the outbuildings should be reported in the
Improvements and Sales Comparison Approach sections of the appraisal report form.
Type of Outbuilding Suitability
Minimal outbuildings, such as small barns or stables, that
are the relatively insignificant value in relation to the
total appraised value of the subject property
The appraiser must demonstrate through the use of
comparable sales with similar amenities that the
improvements are typical of the residential properties
in the subject area for which an active, viable
residential market exists.
An atypical minimal building The property is acceptable provided the appraiser’s
analysis reflects little or no contributory value for it.
Significant outbuildings, such as silos, large barns,
storage areas, or facilities for farm-type animals
The presence of the outbuildings may indicate that the
property is agricultural in nature. The lender must
determine whether the property is residential in nature,
regardless of whether the appraiser assigns value to
the outbuildings.
Transfer of Appraisal
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Transfer letter must be executed by the lender that ordered the appraisal and must be signed by an authorized
member of the company. Appraisal transfer letters signed by loan officers, loan processors, etc. will not be
acceptable.
LARGE LOAN BALANCE APPRAISAL OVERLAYS
The following appraisal restrictions apply to original loan balances that exceed $3,000,000.
Neighborhood Analysis
• Degree of Development and Growth Rate: Properties designated as "rural" not allowed
• Trend of Property Values: "Declining" Markets not allowed
• Supply of Properties in the Subject Neighborhood: Markets in "Over-supply" not allowed
• Price Range and Predominant Price: The appraised value may not exceed the highest value of the
Predominant Price Range by more than 10%
• Marketing Time for Properties: "Over 6 months" Not Allowed
• Over-Improvement: The subject property may not be designated as an "over-improvement"
Comparable Sales
• Minimum of 4 closed comparable sales
• All comparable sales must have occurred within the 12 months preceding the appraisal date
• At least 1 closed comparable must have occurred within 120 days of the appraisal date
• All comparable sales must be located within 4 miles of subject
• At least 1 closed comparable sale must be located within 1 mile of subject
• At least 2 closed comparable sales must be located within the same neighborhood as the subject
Property Condition
• Eligible Property Condition Ratings: C1, C2, C3
• Eligible Quality of Construction Ratings: Q1, Q2, Q3, Q4
Maximum Acceptable Acreage
• 2 acres
Zoning
• Properties zoned as agricultural are not eligible
Total Adjustments
• Total net adjustments should be minimal if the comparable is truly similar. Net Adjustments may not
exceed 15% of the sales price of the comparable sale and gross adjustments may not exceed 25%.
3.12 - APPRAISAL REVIEW REQUIREMENTS
APPRAISAL REVIEW PRODUCTS
An appraisal review product is required on every loan file unless a 2nd appraisal is required, or the
appraisal report has been submitted to Collateral Underwriter and the score is 2.5 or less. For loans using
the CU score of 2.5 or less, the file must include a copy of the SSR report.
For files requiring an appraisal review product, the following options are available:
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• An enhanced desk review product from the following eligible list:
o ARR from ProTeck,
o CDA from Clear Capital,
o ARA from Computershare; or
• A field review or second appraisal is acceptable. The source of the Appraisal Review Product may not
be the same AMC used for the appraisal.
If the Appraisal Review Product (ARR, CDA, or ARA) reflects a value more than 10% below the appraised
value or cannot provide a validation; the next option in the review waterfall must be followed. The next
option would be either a field review or a second appraisal, both must be from a different appraisal
company and appraiser than the original report.
3.13 - MINIMUM SQUARE FOOTAGE
SFR: 700 sq. ft.
Condo: 500 sq. ft.
2-4 units: 400 sq. ft. per individual unit
3.14 – RURAL PROPERTY
Rural markets frequently present appraisal challenges that complicate the underwriting of rural properties due to
large lot sizes and locations that can be relatively undeveloped.
A property is classified as rural if;
• The appraiser indicates in the neighborhood section of the report a rural location; or
• If any two of the following conditions exist;
o The property is located on a gravel road.
o Two of the three comparable properties are more than 5-miles from the subject property.
o Less than 25% of the surrounding area is developed.
3.15 - PERSONAL PROPERTY
Any personal property transferred with a property sale must be deemed to have zero transfer value, as indicated
by the sales contract and the appraisal. If any value is associated with the personal property, the sales price and
appraised value must be reduced by the personal property value for purposes of calculating the LTV/CLTV/HCLTV.
3.16 – ESCROW HOLDBACKS
Not allowed. Any repair or maintenance required by the appraiser, must be completed prior to loan purchase. Verus
will not acquire any loan with an escrow holdback.
3.17 – DECLINING MARKETS
Trend of property values: “Declining Markets” require a 5% LTV reduction from regular LTV matrix for LTVs greater
than 70%.
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3.2 - PROPERTY TYPES:
3.21 – ELIGIBILE PROPERTIES:
• Single Family Dwellings
• 2-4 Unit properties
• Fannie Mae warrantable condos
• Non-warrantable condos
• Planned Unit Developments (PUDS)
• Modular homes
• Properties with <= 2 acres
• Leaseholds (in areas where leaseholds are common)
3.22 – INELIGIBLE PROPERTIES:
• Mixed use properties
• Vacant land or land development properties
• Properties not readily accessible by roads that meet local standards
• Properties not suitable for year-round occupancy regardless of location
• Agricultural properties including farms, ranches, and orchards
• Rural Properties
• Manufactured or mobile homes
• Condo-hotels or co-op/timeshare hotels
• Projects that include registration services and offer rentals of units on a daily, weekly or monthly basis
• Resort Type Projects
• Cooperative share loans
• Boarding houses or bed/breakfast properties
• Properties with zoning violations
• Dome or geodesic homes
• Assisted living facilities
• Homes on Indian reservations
• Log homes
• Hawaii properties located in lava zones 1 and/or 2
• Houseboats
• Properties used for the cultivation, distribution, manufacture or sale of marijuana
3.3 - ACREAGE LIMITATIONS
• Maximum 2 acres
• No truncating allowed
3.4 - STATE ELIGIBILITY
• Nationwide excluding Puerto Rico, Guam, and the US Virgin Islands
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3.5 - PROPERTY FLIPPING
A property is considered a “flip” if either of the following are true:
• The price in the borrower’s purchase agreement exceeds the property seller’s acquisition price by more than
10% if the property seller acquired the property 90 or fewer days prior to the date of the borrower’s
purchase agreement; or
• The price in the borrower’s purchase agreement exceeds the property seller’s acquisition price by more than
20% if the property seller acquired the property 91-180 days prior to the date of the borrower’s purchase
agreement.
If the property is a “flip” as defined above, the following additional requirements apply:
• A second appraisal must be obtained;
• If the loan is subject to Regulation Z, a copy of the second appraisal must be provided to the borrower in
compliance with the federal HPML requirements.
• The second appraisal must be dated prior to the loan consummation/note date;
• The property seller on the purchase contract must be the owner of record;
• Increases in value should be documented with commentary from the appraiser and recent comparable sales;
and
• Sufficient documentation to validate actual cost to construct or renovate (e.g., purchase contracts, plans and specifications, receipts, invoices, lien waivers, etc.) must be provided, if applicable.
3.6 - TITLE VESTING & OWNERSHIP
Ownership must be fee simple.
Ineligible:
• Land Trusts
• IRA’s
• Not for Profit
Eligible forms of vesting are:
• Individuals
• Joint tenants
• Tenants in common
• Inter Vivos Revocable Trust
• Limited Liability Companies, Partnerships, Corporations, and S Corporations (each, an “Entity”) in accordance with the requirements listed below:
To vest a loan in an Entity, the following requirements must be met:
• Purpose and activities are limited to ownership and management of real property.
• Entity must be domiciled in a U.S. State.
• Any business structure is limited to a maximum of 4 owners or members.
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• All members, partners, sponsors, or shareholders of the Entity, as the case may be, (each, a “Member”, and up to a maximum of 4 members per Entity) must provide personal guarantees (Exhibit C) of the obligations of the Entity in a form satisfactory to Verus.
• Each Entity Member must complete a Form 1003 or similar credit application. The application of each Member and such person’s credit score and creditworthiness will also be used to determine qualification and pricing.
• No correspondent lender shall suggest or encourage the formation of an Entity for the purpose of obtaining a mortgage loan. Such structures shall be initiated and arranged by the Members of the Entity.
• Each Member of the Entity must receive notice of the loan and its terms prior to closing.
• The following Entity documentation must be provided:
▪ Limited Liability Company
1. Entity Articles of Organization, Partnership, and Operating Agreements, if any 2. Tax Identification Number
3. Certificate of Good Standing 4. Certificate of Authorization for the person executing all documents on behalf of
the Entity 5. Borrowing Certificate (Exhibit G or Exhibit H)
▪ Corporation 1. Filed Certificate/Articles of Incorporation (and all amendments) 2. By-Laws (and all amendments) 3. Certificate of Good Standing (Issued by the SOS where the corp is domiciled) 4. Tax Identification Number (EIN) 5. Corporate Resolution granting authority of signer to enter into loan obligation 6. Receipt of current year franchise tax payment or clear search
▪ Partnership
1. Filed Partnership Certificate (If a general partnership, filing with the SOS may
not be required)
2. Partnership Agreement (and all amendments)
3. Certificate of Good Standing (Issued by the SOS)
4. Tax Identification Number (EIN)
5. Limited partner consents (where required by partnership agreement)
Documents must be completed and signed as follows:
Signed as an individual by all members of the entity:
• Loan Application (1003)
▪ Completed for each Individual
▪ Section labelled “Title will be held in what Name(s)” should be completed with only the LLC name.
▪ Signed by Individuals
• Personal Guarantee
▪ Each individual who is a member of the entity, must provide a personal guarantee.
▪ The guarantee should be executed at loan closing and dated the same date as Note.
▪ Spousal Consent to Pledge Exhibit L (Required for all loan amounts of $1MM or greater)
o Personal Guarantees from community property states (AK, AZ, ID, LA, NM, TX, WA, WI) must be accompanied with a Spousal Consent to Pledge.
• Signed by the authorized signer for the entity:
• Disclosures (GFE, TIL, Notice of Intent to Proceed, Servicing Disclosure, etc.)
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• Any state or federally required settlement statement, Note, Deed of
Trust/Mortgage, and all Riders
3.61 - EXAMPLES - SIGNATURE REQUIREMENTS:
[Authorized Signatory] may be replaced by a different title as specified in the Member Consent (e.g. Managing
Member, Member, etc.).
SAMPLE 1:
Borrower: JJ Investors, LLC and James Johnson Single Member of LLC: James Johnson
Note, Security Instrument & all Riders:
Signature Block
JJ INVESTORS, LLC a [ ] limited liability company
James Johnson
By: James Johnson
Title: [Authorized Signatory]
SAMPLE 2:
Borrower: JJ Investors, LLC, James Johnson, and Jane Nelson 2 Members of LLC: James Johnson and Jane Nelson Both Members are Authorized Signatories of LLC
Note, Security Instrument & all Riders:
Signature Block
JJ INVESTORS, LLC a [ ] limited liability company
James Johnson,
By: James Johnson
Title: [Authorized Signatory]
and
JJ INVESTORS, LLC a [ ] limited liability company
Jane Nelson
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By: Jane Nelson
Title: [Authorized Signatory]
3.7 - LEASEHOLD PROPERTIES
In areas where leasehold estates are commonly accepted and documented via the appraisal, loans secured by
leasehold estates are eligible for purchase. The mortgage must be secured by the property improvements and the
borrower’s leasehold interest in the land. The leasehold estate and any improvements must constitute real property,
be subject to the mortgage lien, and be insured by the lender’s title policy.
Seller must provide documentation and Leaseholds must meet all FNMA eligibility requirements (i.e. term of lease).
3.8 - LIMITATIONS ON FINANCED PROPERTIES
• No limit to the number of financed properties per borrower for Verus loan purchase.
• Verus’ exposure to a single borrower shall not exceed $5,000,000 in current UPB, or six (6) properties.
• If the loan is priced with reserves, any additional financed properties require an additional two (2) months
PITIA in reserves for each property. Reserves are based upon the PITIA of the subject property. Total
reserve requirement is not to exceed twelve (12) months. See Verus reserve matrix for additional reserve
requirements.
3.9 – DISASTER AREAS
Sellers are responsible for identifying geographic areas impacted by disasters and taking appropriate steps to
ensure the subject property has not been adversely affected. The following guidelines apply to properties located in
FEMA declared disaster areas, as identified by reviewing the FEMA web site at
http://www.fema.gov/news/disasters.fema. In addition, when there is knowledge of an adverse event occurring
near and around the subject property location, such as earthquakes, floods, tornadoes, or wildfires, additional due
diligence should be used to determine if the disaster guidelines should be followed.
3.91 - APPRAISALS COMPLETED PRIOR TO DISASTER
An interior and exterior inspection of the subject property, performed by the original appraiser if possible, is
required.
• The appraiser should provide a statement indicating if the subject property is free from any damage, is in
the same condition from the previous inspection, and the marketability and value remain the same.
• Inspection report must include photographs of the subject property and street view.
• Any damage must be repaired and re-inspected prior to purchase.
3.92 - APPRAISALS COMPLETED AFTER DISASTER EVENT
• Appraiser must comment on the adverse event and certify that there has been no change in the valuation.
• Any existing damage notated from the original report must be repaired and re-inspected prior to purchase.
3.93 - DISASTER EVENT OCCURS AFTER CLOSING BUT PRIOR TO LOAN PURCHASE
• Loan is ineligible for purchase until an inspection is obtained using one of the following options;
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o A Post Disaster Inspection (PDI) Report from Clear Capital or Damage Assessment Report from
ProTeck may be utilized, any indication of damage reflected on the report will require a re-
inspection by the appraiser.
o The appraiser may perform an inspection (Fannie Mae Form 1004D) and comment on the event
and certify that there has been no change to the value.
Guidelines for disaster areas should be followed for 90-days from the disaster period end date, or the date of the
event, whichever is later.
3.10 - CONDOMINIUMS
• Fannie Mae eligible projects and Non-Warrantable projects allowed.
o The client may review and approve Fannie warrantable projects, a Condo Project Warranty
Certification, similar to Exhibit J must be provided with the loan package.
o Non-warrantable projects must be reviewed by a Verus Due Diligence partner, see below.
o Projects consisting entirely of detached units will not require a project review and are eligible for
single-family dwelling LTV/CLTV.
o Two to Four Unit Condo projects will not require a project review provided the following are met:
▪ The project is not a condotel, houseboat, timeshare or segmented ownership project.
▪ The priority of common expense assessments apply.
▪ The standard insurance requirements apply.
• Verus project exposure maximum shall be $5,000,000 or 15% of project, whichever is lower.
• Borrower project/unit concentration limit: 2 units.
• See Verus Product Matrix for additional LTV/CLTV and Non-Warrantable project limits and guidelines.
3.101 - GENERAL PROJECT CRITERIA
• Project has been created and exists in full compliance with applicable local jurisdiction, state, and all other
applicable laws and regulations.
• Project meets all FNMA insurance requirements for property, liability, and fidelity coverage.
• Borrower must carry H06 coverage for replacement of such items as flooring, wall covering, cabinets,
fixtures, built-ins, and any improvements made to the unit.
• Seller to confirm project documents do not give a unit owner or any other party priority over the rights of
the first mortgagee.
• Projects that are FNMA Warrantable may be reviewed and approved by Client Underwriter. A Rep and
Warrant from Client Underwriter that project meets the requirements of FNMA Warrantable Project must be
provided with the loan package to avoid Verus project review and expense.
• Non-Warrantable projects require Project Approval by Verus Diligence Partner.
o To request a review, log on to the Clear Condo System at https://clear.covius.com/Login.aspx
using your existing user name and password. If you don’t currently have access, please contact
Verus Mortgage Capital at [email protected] to request credentials.
3.102 - INELIGIBLE PROJECTS
• A project subject to the rules and regulations of the U.S. Securities Exchange Commission.
• Condominium Hotel - Condotel:
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o Condominium project in which any unit owner or the homeowner’s association is a party to a
revenue-sharing agreement with either the developer or another third-party entity.
o Condominium project where the unit is not the lessee’s residence.
o Projects that are managed and operated as a hotel or motel, even though the units are individually
owned.
o Projects with the names that include the words “hotel,” “motel,” “resort,” or “lodge.”
o A project that includes registration services and offer rentals of units on a daily, weekly, or monthly
basis.
o Hotel or motel conversions (or conversions of other similar transient properties).
• Resort type projects.
• Timeshare or projects that restrict the owner’s ability to occupy the unit.
• New condo conversion completed less than 2 years.
• Houseboat projects.
• Manufactured home projects.
• Assisted living facilities, or any project where unit owners’ contract in advance for a lifetime commitment
from the facility to care for them, regardless of future health or housing needs.
• Any project in which a single entity owns more than 25% of the total number of units. For projects that have
5-19 units, one owner is allowed to own two units.
• Multi-family units where single deed has ownership of more than one or all of the units.
• Projects where more than 50% of total square footage in the project, or in the building that the project is
located in, is used for non-residential purposes.
• A common-interest apartment
o A project in which individuals have an undivided interest in a residential apartment building and
land and have the right of exclusive occupancy of a specific apartment unit in the building.
o The project or building is often owned by several owners as tenants-in-common or by a
homeowner’s association.
• Fragmented or segmented ownership
o Ownership is limited to a specific period on a recurring basis i.e. timeshare.
• Any project where the developer (or its affiliates) owns the common and/or limited elements and leases the
elements back to the HOA.
• Non-conforming zoning (cannot be rebuilt to current density).
• Project units sold with excessive seller contributions that may affect the value of the subject property.
• Any project that requires Private Transfer Fees as a part of the transaction and that fee does not benefit the
association.
• Project in litigation, arbitration, mediation, or other dispute regarding safety, soundness, or habitability.
• Project with adverse environmental issue(s) involving safety, soundness, or habitability.
• Projects that are not well managed or in poor physical or financial condition
o Excessive special assessments; low reserves; neglected repairs.
3.104 - NON-WARRANTABLE CONDOMINIUM PROJECTS
Verus will purchase loans secured by non-warrantable projects due to the following:
• Investor concentration up to 70% in an Established Project.
• Commercial space up to 50%, see restrictions on New Projects.
• Reserve requirements down to 3% in an Established Project, see restrictions under Established Projects below.
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Maximum LTV/CLTV: 70%
Maximum Loan Amount: $1,500,000
Project approval required by Verus Diligence Partner
• To request a review, log on to the Clear Condo System at https://clear.covius.com/Login.aspx using your existing user name and password. If you don’t currently have access, please contact Verus Mortgage Capital at [email protected] to request credentials.
NOTE: Stacking of risk is not allowed (Only 1 Non-Warrantable factor per project)
SINGLE OWNER/ INVESTOR ENTITY CONCENTRATION:
• Maximum of 25% of project owned by any Single Owner/Investor Entity.
• Maximum of two (2) units owned by any Single Owner/Investor Entity if the project has fewer than 10
units.
NEW PROJECTS
A Project is considered new if any of the following apply: project is not fully completed or is subject to additional phasing or annexation, fewer than 90 percent of the total number of units in the project have been conveyed to owners other than the developer, or control of the homeowners association has not been turned over to the unit owners.
New Condominium Projects that meet all the following requirements are eligible for purchase.
• Subject legal phase and any prior legal phases where units have been offered for sale are substantially complete. Substantially complete means that a certificate of occupancy or its equivalent has been issued, and all units in the subject unit building are complete.
• OCCUPANCY: A minimum of 50% of the total number of units in the project are conveyed or under contract to purchaser, other than developer or successor as primary or second home, OR at least 50% of the total number of units in the subject legal phase and a minimum of 50% of the units in subject phase plus all prior legal phases, must have been conveyed or under contract as primary or second home.
• Developer must be responsible for assessments on unsold units built, but not yet closed.
• BUDGET: A minimum of 10% of the association’s annual budget must provide for funding of replacement reserves for capital expenditures and deferred maintenance.
• Budget must reflect adequate funding for insurance deductible.
• DELINQUENT ASSESSMENTS: Delinquent assessments greater than 60 days can not exceed 15% of the total number of units.
• Commercial space up to 35% of building space allowed when pre-sale exceeds 70%, otherwise, limited to 35%. Commercial entity can not control the HOA.
REQUIRED DOCUMENTATION FOR NEW PROJECT APPROVAL
• NEW PROJECTS
o Completed Condo Project Questionnaire and Developer/Builder Questionnaire, or similar., found in Exhibit E and Exhibit F of this guide.
o Current Annual Budget.
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o Current Balance Sheet (dated within the last 60 days).
o Evidence of current HOA/Project Insurance in compliance with FNMA guidelines.
o FNMA Warranty of Project Presale signed by Developer/Builder as Authorized Rep (Form1029).
o FNMA Final Certification of Sustantial Project Completion completed by Developer (Form1081).
o FNMA Warranty of Condominum Project Legal Documents (Form 1054) or comprable Lender’s Warranty.
o Project legal documents: Declarations, ByLaws, and any Amendments.
o Rent roll/absorbtion.
o Schedule of outstanding loan info.
o Letter from construction lender stating financing is in good standing.
o Evidence there are no contractor liens outstanding.
o Project marketing analysis: sales and marketing plan.
o Photos of subject project including site, improvements, facilities/amenities, parking, and same on 2 to 3 comparable projects.
o PERS preliminary approval, if applicable.
ESTABLISHED PROJECTS
Established projects, as defined by FNMA, which meet all the following requirements are eligible for
purchase.
• OCCUPANCY: There is no owner-occupancy requirement if the subject unit will be owner occupied. If property will be used as an investment property, a minimum of 30% of the total number of units in the project must be conveyed to owners who occupy their unit as a primary residence or second home. The project may not have delinquencies greater than 15%, the project reserve fund must represent a minimum of 100% of project’s annual budget and appraisal must support rental market.
• BUDGET AND RESERVE FUND BALANCE: A minimum reserve fund balance of 30% of annual budget must be in place. A minimum of 10% of the association’s annual budget should provide for funding of replacement reserves for capital expenditures and deferred maintenance. If not, a lower percentage of annual income may be considered if the appraisal notes no major repairs and reserve fund balance supports a lower allocation as follows:
o 7% to 9.99% requires a reserve fund balance of 50% of annual budget
o 5% to 6.99% requires a reserve fund balance of 75% of annual budget
o 3% to 4.99% requires a reserve fund balance of 100% of annual budget
• DELINQUENT ASSESSMENTS: Delinquent assessments greater than 60 days may not exceed 15% of
the total number of units in the project.
• Commercial space limited to 50% of building space. Commercial entity cannot control HOA.
REQUIRED DOCUMENTATION FOR ESTABLISHED PROJECT APPROVAL
• Established Project Certification
• Current Annual Budget
• Current balance sheet (dated within the last 60 days)
• Evidence of current HOA/project insurance in compliance with FNMA guidelines
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3.105 - RE-CERTIFICATION OF PROJECTS
Projects must be recertified every 6 months, or at expiration of the project budget or insurance, whichever is earlier.
Documents Required:
• Project Approval Certification Form
• Current Annual Budget
• Current balance sheet (dated within the last 60 days)
• Evidence of current HOA/project insurance
• Any amendments, supplements, etc. to the project legal documents
SECTION 4.0 - TRANSACTION TYPES
4.1 - NON-ARMS LENGTH AND INTERESTED PARTY TRANSACTIONS
4.11 - NON-ARM’S LENGTH TRANSACTION
A non-arm's length transaction occurs when the borrower has a direct relationship or business affiliation with subject
property Builder, Developer, or Seller. Examples of non-arm’s length transactions include family sales, property in an
estate, employer/employee sales and flip transactions.
When the property seller is a corporation, partnership, or any other business entity, it must be ensured that the
borrower is not an owner of the business entity selling the property.
A non-arm’s length transaction is not intended to bail out a family member who has had difficulties making their
mortgage payment. A thorough review of the title report, in these cases, is required; as well as the payment history
pattern (VOM on the Seller’s mortgage).
4.12 - INTERESTED PARTY TRANSACTION
A Conflict-Of-Interest Transaction occurs when the borrower has an affiliation or relationship with the Mortgage
Broker, Loan Officer, Real Estate Broker or Agent, or any other interested party to the transaction.
In the case of the Mortgage Broker, Loan Officer, or Real Estate Broker/Agent, extra due diligence must be
exercised. For example, the seller’s real estate agent for the subject property, may not act as the loan officer for the
borrower(s) purchasing the same subject property. An examination of the relationship among the Mortgage Broker,
Title/Escrow Companies, Appraiser and any other party to the transaction must be closely examined. A Letter of
Explanation regarding the relationship between the parties is required
4.13 - ELIGIBLE NON-ARM’S LENGTH AND INTERESTED PARTY TRANSACTIONS
• Buyer(s)/Borrower(s) representing themselves as agent in real estate transaction
o Commission earned by buyer/borrower cannot be used for down payment, closing costs, or monthly
PITIA reserves
• Seller(s) representing themselves as agent in real estate transaction
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4.14 - NON-ARM’S LENGTH AND INTERESTED PARTY RESTRICTIONS
• Borrower to provide cancelled check verifying the earnest money deposit
• Cash-Out refinances not allowed
• Maximum LTV/CLTV: 75%
• Employer to employee sales or transfers not allowed
• Property trades between buyer and seller not allowed
• Renter(s) purchasing from Landlord not allowed
• Purchase between family members not allowed
• Other transactions not listed as eligible above are not allowed
4.2 - TRANSACTION
4.21 - PURCHASE
• Proceeds from the transaction are used to finance the acquisition of the subject property.
• LTV/CLTV based upon the lessor of the sales price or appraised value.
4.22 - RATE/TERM TRANSACTION
• Proceeds from the transaction are used to pay off an existing first mortgage loan and any subordinate loan
used to acquire the property.
• Any subordinate loan not used in the acquisition of the subject property provided one of the following
apply:
o Closed end loan, at least 12 months of seasoning has occurred;
o HELOC, at least 12 months of seasoning has occurred and total draws over the past 12 months are
less than $2,000. (For business purpose transactions, any draw over the life of the loan may not
have been utilized for personal use. Business purpose transactions will require a draw history
schedule, along with an attestation from the borrower, in the credit file, that none of the advances
where used for personal/consumer use).
• Buying out a co-owner pursuant to an agreement.
• Paying off an installment land contract executed more than 12 months from the loan application date.
• Cash back in an amount not to exceed the lesser of 2% of the new loan amount or $2,000 can be included
in the transaction.
• LTV/CLTV based upon the appraised value.
• Refinance of a previous cash out seasoned < 12-months will be considered a cash out refinance.
4.23 - CASH-OUT
• A refinance that does not meet the definition of a rate/term transaction.
• A mortgage secured by a property currently owned free and clear is considered cash out.
• The payoff of delinquent real estate taxes (60-days or more past due) is considered cash-out.
• The borrower(s) must indicate the purpose of the cash-out proceeds. Cash-out proceeds must be for business
purposes. Cash-out proceeds for personal use are not eligible. (This includes any past draws on a HELOC
secured by the subject property. Business purpose transactions will require a draw history schedule, along
26 10/1/2019
with an attestation from the borrower, in the credit file, that none of the advances where used for
personal/consumer use).
• A 2nd appraisal is required for all cash-out transactions where the LTV exceeds 65%, and the loan balance exceeds $1,000,000. See appraisal requirements in section 3.11 – Appraisals.
• Cash-out proceeds can be used for required reserves.
• Loans not eligible for cash-out:
o Properties listed for sale in the past 6-months unless requirements in section 2.18 meet.
o A prior cash out transaction within 6-months.
• See Verus Matrices for cash-out limits.
Cash-Out Seasoning is defined as the difference between application date of the new loan and prior financing note
date or date of purchase.
• For Cash-out Seasoning greater than 12-months, the appraised value can be used to determine the LTV/CLTV.
• If Cash-Out Seasoning is between (6) to (12) months, the appraised value may be utilized to determine
property value with the following restrictions:
o The loan amount may not exceed 100% of the acquisition cost plus documented improvements
▪ DSCR must be 1.15 or greater;
▪ The property may not be “Unleased” as defined by the guidelines
• If Cash-Out Seasoning is between (3) to (6) months, the appraised value may be utilized to determine
property value with the following restrictions:
o The loan amount may not exceed 90% of the acquisition cost plus documented improvements
▪ DSCR must be 1.15 or greater;
▪ The property may not be “Unleased” as defined by the guidelines
• Cash-Out Seasoning of less than three (3) months, such as delayed financing, is allowed with the following restrictions:
o The maximum LTV/CLTV ratio for the cash-out transaction based on the lower of the acquisition plus documented improvements or the current appraised value.
o The sources of funds for the purchase transaction are documented (such as bank statements, personal loan documents, or a HELOC on another property).
o At least one of the following must exist;
▪ No mortgage financing was used to obtain the property.
• The original purchase transaction is documented by a settlement statement, which confirms that no mortgage financing was used to obtain the subject property. (A recorded trustee's deed or similar alternative confirming the amount paid by the grantee to trustee may be substituted for a settlement statement if a settlement statement was not provided to the purchaser at time of sale.).
• The preliminary title search or report must confirm that there are no existing liens on the subject property or the existing lien being refinanced was taken out after the property was obtained as evidenced by a copy of the note.
▪ The mortgage being refinanced was used to purchase the property and has an original term of 24 months or less as evidenced by a copy of the settlement statement and original note.
▪ If the source of funds used to acquire the property was an unsecured loan or a loan secured by an asset other than the subject property (such as a HELOC secured by another
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property), the settlement statement for the refinance transaction must reflect that all cash-out proceeds be used to pay off or pay down, as applicable, the loan used to purchase the property. Any payments on the balance remaining from the original loan must be included in the debt-to-income ratio calculation for the refinance transaction.
▪ The lender has documented that the borrower acquired the property through an inheritance or was legally awarded the property through divorce, separation, or dissolution of a domestic partnership.
SECTION 5.0 - BORROWER ELIGIBILITY
5.1 - FIRST TIME HOME BUYERS
Not allowed.
5.2 - RESIDENCY
Eligible:
• U.S. Citizen
• Permanent Resident Alien
• Non-Permanent Resident Alien
• Foreign National
Ineligible:
• Applicants possessing diplomatic immunity
• Borrowers from OFAC sanctioned countries
• Politically exposed borrowers
• Any material parties (company or individual) to transaction listed on HUD’s Limited Denial of Participation (LDP) list, the federal General Services Administrative (GSA) Excluded Party list or any other exclusionary list.
Refer to Fannie Mae guidelines for all definitions of eligibility status.
5.21 - U.S. CITIZEN
• Eligible without guideline restrictions
5.22 - PERMANENT RESIDENT ALIEN
An alien admitted to the United States as a lawful permanent resident. Lawful permanent residents are legally
accorded the privilege of residing permanently in the United States.
• Acceptable evidence of permanent residency include the following:
o Alien Registration Receipt Card I-151 (referred to as a green card).
o Alien Registration Receipt Card I-551 (Resident Alien Card) that does not have an expiration date on the back (also known as a green card).
o Alien Registration Receipt Card I-551 (Conditional Resident Alien Card) that has an expiration date on the back, and is accompanied by a copy of the filed INS Form I-751 (petition to remove conditions).
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o Non-expired foreign passport that contains a non-expired stamp (valid for a minimum of three years) reading “Processed for I-551 Temporary Evidence of Lawful Admission for Permanent Residence. Valid until [mm-dd-yy]. Employment Authorized.”
• Eligible without guideline restrictions.
5.23 - NON-PERMANENT RESIDENT ALIEN
An alien admitted to the United States as a lawful temporary resident. Lawful non-permanent residents are
legally accorded the privilege of residing temporarily in the United States.
• Legal Status Documentation
o Visa types allowed: E-1, E-2, E-3, EB-5, G-1 through G-5, H-1, L-1, NATO, O-1, R-1, TN NAFTA
o Visa must be current and may not expire for a minimum of 2 years following the close date or evidence that the proper extension steps have been followed per the USCIS website along with
proof of payment receipt and the extension was done in time frame required by USCIS.
o When applicable, valid Employment Authorization Document (EAD) required for US employment if not sponsored by current employer. If the Visa will expire within 6 months of loan application, it is acceptable to obtain a letter from the employer documenting the borrower’s continued employment and continued visa renewal sponsorship (employer on the loan application must be the same as on the unexpired visa).
• Guideline restrictions:
o Maximum LTV/CLTV: 75%
o Gift Funds not allowed
o US credit requirements detailed under the CREDIT section of this guide should be utilized. If adequate depth of US credit cannot be established the Foreign National Qualifying Foreign Credit section of this guide may be used. When Foreign Credit is used, the restrictions listed under the Foreign Credit section apply, including the Max LTV of 70%.
5.24 - FOREIGN NATIONAL
A Foreign National is a non-resident alien who is not authorized to live or work in the U.S. or holds a work Visa
that is indicative of a more temporary residency than those required to meet Non-Permanent Resident Alien
requirements. A Foreign National may periodically visit the U.S. for various reasons including vacation and/or
business. In order to be eligible, the borrower must live and work in another country and be a legal resident of
that same country. They may not purchase property intended for use as a primary residence.
See the Foreign National section of this guide for additional details.
5.25 - INTER VIVOS REVOCABLE TRUST
Title vesting in an inter vivos revocable trust is permitted when the requirements set forth in this section are followed.
The Fannie Mae requirements should be followed to the extent this section is silent.
The trust must be established by one or more natural persons, solely or jointly. The primary beneficiary of the trust
must be the individual(s) establishing the trust. The trust must become effective during the lifetime of the person
establishing the trust. If the trust is established jointly, there may be more than one primary beneficiary as long as
the income or assets of at least one of the individuals establishing the trust will be used to qualify for the mortgage.
The trustee must include either:
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• The individual establishing the trust (or at least one of the individuals, if 2 or more); or
• An institutional trustee that customarily performs trust functions in and is authorized to act as trustee under
the laws of the applicable state.
The trustee must have the power to hold the title and mortgage the property. This must be specified in the trust. One
or more of the parties establishing the trust must use personal income or assets to qualify for the mortgage.
The following documentation is required:
• If the trust was created under California law, a fully executed Certificate of Trust under Section
18100.5 of the CA Probate Code.
• If the trust was created under the laws of a state other than California:
o Attorney's Opinion Letter from the borrower's attorney or Certificate of Trust verifying all of
the following:
• The trust is revocable,
• The borrower is the settler of the trust and the beneficiary of the trust,
• The trust assets may be used as collateral for a loan,
• The trustee is:
o Duly qualified under applicable law to serve as trustee,
o The borrower,
o The settler,
o Fully authorized under the trust documents and applicable law to pledge, or
otherwise encumber the trust assets.
5.26 - INELIGIBLE BORROWERS
• Irrevocable Trust
• Land Trust
• Borrowers with diplomatic immunity or otherwise excluded from U.S. jurisdiction
SECTION 6.0 - CREDIT
6.1 - CREDIT REPORTS
Fannie Mae guidelines, with the exception of the following paragraph, should be utilized for processing and
documenting all required credit reports and determining borrower’s credit eligibility for Verus loan purchase.
The credit report used to evaluate a loan may not reflect a security freeze. If he borrower(s) unfreeze credit after
the date of the original credit report, a new tri-merged report must be obtained to reflect current and updated
information from all repositories.
6.2 – LOAN INTEGRITY AND FRAUD CHECK
Data integrity is crucial to quality loan file delivery and mitigation of fraud risk. All parties to the transaction
(Borrower(s), Seller(s), Broker, Loan Officer, and Real Estate Agent(s)) must be submitted to an automated fraud and
data check tool (i.e. FraudGuard, DataVerify, etc.). A copy of the findings report must be provided in the loan file
along with documentation resolving any deficiencies or red flags noted.
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6.3 - CREDIT INQUIRIES
Creditor must obtain verification from borrower in the form of a signed statement attesting that their current
obligations are accurate. Additionally, any credit inquiries listed on the report within 90 days of the report date,
must be explained. If new credit was extended, the borrowers must provide documentation on the current balance
and payment; if no credit was extended, the borrower must state the purpose of the inquiry. Lenders must inform
borrowers that they are obligated to inform the lender of any new extension of credit, whether unsecured or secured,
that takes place during the underwriting process and up to the consummation of the loan.
6.4 - HOUSING HISTORY
Mortgage/rental history is required for all Verus programs. If a borrower’s mortgage or rental history is not
reported on the credit report, alternative documentation showing the most recent 12 months history (cancelled checks,
mortgage/rental statements including payment history, verification of mortgage/rental, etc.) must be provided. A
VOM/VOR completed by an individual must be supported by cancelled checks.
For properties owned free and clear, a property profile report or similar document, showing no liens against the
property, should be included in the credit file.
Any balloon Note with an expired maturity date exceeding 30 days, requires an extension to avoid being counted as delinquent.
A combined total of all mortgage and housing payments in the past 12 months must be used to determine the housing
history eligibility. For borrower’s owning 4 or more properties, the following criteria will apply:
• A mortgage history will be required on (3) investment properties, including the subject property (unless subject transaction is a purchase). In addition, the borrower’s primary residence housing history is required to be verified.
• VOM – Private Lender – When investment properties are financed by a Private Lender, only 3-months of cancelled checks or bank statements (reflecting the ACH payment) verifying timely payments will be required. In addition, the payoff statement for the subject property can reflect no more than 30-days of accrued interest.
For borrower’s owning fewer than 4 properties, the payment history for all financed properties must be verified for
the most recent 12 month period.
See Verus Grade Determination Matrix for Grade specific restrictions.
6.5 - CONSUMER CREDIT
6.51 - CONSUMER CREDIT HISTORY
Any non-mortgage account can be no more than 30-days delinquent at time of application. Any delinquent account
must either be brought current or paid off at closing.
All mortgage accounts must be current at application and remain paid as agreed through closing.
6.52 - TIMESHARES
Timeshare obligations will be treated as a consumer installment loan.
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6.53 - CONSUMER DEBT
Delinquent credit such as charge-offs on non-mortgage accounts and collections have the potential to affect loan
position or diminish borrower equity.
• Individual collection and non-mortgage charge-off accounts equal to or greater than $250, and accounts
that total more than $2,000, must be paid in full prior to or at closing. See below for exception.
• Medical collections may remain open with a max cumulative balance of $10,000.
• A 2nd mortgage or junior lien that has been charged off is subject to foreclosure seasoning periods for
grade determination
• Collections and charge-offs that have expired under the state statute of limitations on debts. Evidence of
expiration must be documented.
Charge-offs and collections not excluded by the above bullet points must be paid or may stay open if using one
or a combination of both of the following is met:
o Payments for open charge-offs or collections are included in the DTI (Subject to program DTI restrictions)
o Reserves are sufficient to cover the balance of the charge-offs or collections and meet reserve
requirements.
6.54 - CONSUMER CREDIT COUNSELING SERVICES
Any borrower in an open CCCS is not eligible.
6.55 - JUDGMENT OR LIENS
All open judgments, garnishments, and all outstanding liens must be paid off prior to or at loan closing.
6.56 - INCOME TAX LIENS
All income tax liens (federal, state, local) must be paid off prior to or at loan closing unless the requirements listed
below are met:
• The file must contain a copy of the repayment agreement
• A minimum of 6-payments has been made under the plan with all payments made on time
• The balance of the lien, or repayment plan, must be included when determining the maximum CLTV for the
program
• Refinance transactions require a subordination agreement from the taxing authority for liens against the
subject property.
6.57 – DISPUTED ACCOUNTS
When the credit report contains tradelines disputed by the borrower, the credit file should be documented with a
credit supplement showing the account(s) have been resolved.
6.6 - BANKRUPTCY HISTORY
Evidence of bankruptcy resolution is required. The length of time is measured from the discharge/dismissal date to
the Note date.
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Bankruptcies resolved in the last 48 months require a letter of explanation from the borrower. The situation causing
the bankruptcy must be adequately documented as resolved. The new housing payment must be considered when
determining if the situation is adequately resolved. If multiple bankruptcies exist in this time frame, each must be
addressed in the explanation.
See Verus Matrix for eligibility restrictions.
6.7 - FORECLOSURE SEASONING
Foreclosures completed in the last 48 months require a letter of explanation from the borrower. The situation causing
the foreclosure must be adequately documented as resolved. The new housing payment must be considered when
determining if the situation is adequately resolved. If multiple foreclosures exist in this time frame each must be
addressed in the explanation. The length of time is measured from the settlement date to the Note date.
In the case of a foreclosure which was included in Bankruptcy, the seasoning timeline will start from the earlier of
a) the date of discharge of bankruptcy and b) the foreclosure completion date. Re-established credit of at least 2
tradelines, paid as agreed for 12 months, is required, or the foreclosure date will be used. Active foreclosures are not
allowed.
See Verus Matrix for eligibility restrictions.
6.8 - SHORT SALE / DEED IN LIEU SEASONING
In the case of a short sale/deed in lieu which was included in Bankruptcy, the seasoning timeline will start from the
earlier of a) the date of discharge of bankruptcy and b) the short sale/deed-in-lieu completion date. Re-established
credit of at least 2 tradelines paid as agreed for 12 months is required or the completion date will be used. Short
Sale or Deed-In-Lieu currently in process are not allowed.
See Verus Matrix for eligibility restrictions.
6.9 - FORBEARANCE OR MODIFICATION
Forbearance or loan modifications are treated as a short sale/deed-in-lieu of foreclosure for eligibility and pricing
purposes. Servicing retention related interest rate modifications are excluded from the seasoning requirement. A
letter or explanation from the borrower addressing the situation that made forbearance or modification necessary
must be provided. The current housing payment history, along with the new housing payment, must be considered
when determining if the situation has been adequately resolved.
6.10 - CREDIT SCORE
Decision Score: Minimum of one borrower with two credit scores. Must use the lower of the two credit scores or
median of the 3 credit scores generated;
• Use lowest Decision Score amongst all borrowers who will be on the Note and Title.
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6.11 - TRADELINES
6.111 -STANDARD TRADELINES
All Programs –
• At least three (3) tradelines reporting for a minimum of 12-months with activity in the last 12-months; or
• At least two (2) tradelines reporting for a minimum of 24-months with activity in the last 12-months.
The following are not acceptable to be counted as a tradeline: “non-traditional” credit as defined by Fannie Mae,
any liabilities in deferment status, accounts discharged through bankruptcy, authorized user accounts, charge-offs,
collection accounts, foreclosures, deed-in-lieu of foreclosure, short sales, or pre-foreclosure sales.
6.112 - LIMITED TRADELINES
• Not allowed
6.12 - OBLIGATIONS NOT APPEARING ON CREDIT REPORT
6.121 - HOUSING AND MORTGAGE RELATED OBLIGATIONS
Housing and mortgage-related obligations include property taxes, insurance premiums and similar charges that are
required by the creditor, along with ground rent and leasehold payments if applicable. All properties owned by the
borrower must be fully documented in this regard. These obligations must be verified using reasonably reliable
records such as taxing authority or local government records, homeowners’ association billing statements, and
information obtained from a valid and legally executed contract.
SECTION 7.0 - ASSETS
THE FOLLOWING APPLY TO ALL INCOME DOCUMENTATION OPTIONS UNLESS OTHERWISE STATED
IN THE SPECIFIC SECTION OF THE GUIDELINES.
7.1 - DOCUMENTATION OPTIONS
Various forms of documentation are acceptable depending on borrower asset type. Assets and reserves should be
calculated and documented to Fannie Mae guidelines unless otherwise specified in Verus guidelines.
7.2 - RESERVES
• The Verus loan program reserve requirements are outlined on the Verus Loan/LTV matrices.
• Loans priced without reserves have no reserve requirement for the subject property or other financed
properties.
• If reserves are required, each financed property, in addition to the subject property, will increase the
applicable reserve requirement by two (2) months up to a maximum requirement of 12 months. The
additional reserves are based upon the PITIA of the subject property.
• Reserves must be sourced and documented per section 7.5 of these guidelines.
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• ARM loans – reserves based upon initial PITIA, not the qualifying payment.
• Reserves for a loan with an Interest Only feature based upon the interest only payment (ITIA).
• Proceeds from a cash-out refinance can be used to meet the minimum reserve requirements.
• Proceeds from 1031 Exchange cannot be used to meet reserve requirements.
7.3 - DOWN PAYMENT SOURCING
Lenders must require that the borrower state the source of the down payment and provide verification.
7.4 - GIFT FUNDS
• Gift funds not allowed.
7.5 - ASSET DOCUMENTATION
In addition to documenting reserve requirements, all borrowers must disclose, and Seller must verify, all other liquid
assets. Fannie Mae guidelines prevail regarding sources and types of assets as well as assets which are not eligible
for closing costs and/or reserves.
• Account statements should cover most recent 30-day period.
• VOD must be dated within 30 days of loan application date.
• Stocks/Bond/Mutual Funds - 100% of stock accounts can be considered in the calculation of assets for
closing and reserves.
• Vested retirement account funds – 60% may be considered for closing and/or reserves.
• Non-vested or restricted stock accounts are not eligible for use as down payment or reserves.
Assets held in foreign accounts may be used as a source of funds to close and to meet applicable reserve
requirements. These funds must be transferred to a U.S. domiciled account in the borrower’s name at least ten (10)
prior to closing.
• Documenting Assets Held in Foreign Accounts:
o Assets must be verified in U.S. Dollar equivalency at the current exchange rate via either www.xe.com or the Wall Street Journal conversion table.
o A copy of the two (2) most recent statements of that account. If the funds are not seasoned a minimum of sixty (60) days, a letter of explanation is required along with the information to comprise a sixty (60) day chain of funds.
7.51 - BUSINESS FUNDS
• Business funds may be used for down payment, closing costs and for the purposes of calculating
reserves. The borrower must own at least 50% of the business, the other owner(s) must provide an access letter for the account, and the account needs to be verified per requirements in Section 7.1 of this Guide.
SECTION 8.0 - INCOME
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8.1 - DEBT SERVICE COVERAGE
Under the Debt Service Coverage documentation option, property income is used to qualify the transaction. Debt
Service Coverage is available to Experienced and First-Time Investors purchasing or refinancing investment properties
to hold for business purposes. The borrower is required to sign a Certification of Business Purpose (Exhibit D) and an
Occupancy Certification (Exhibit A).
• Experienced Investor: A borrower who has owned two (2) or more properties for at least twelve (12) months
(Primary, Investment, or Commercial can be included), anytime during the most recent twelve (12) month period,
with one (1) having documented rental income of twelve (12) months or more. Rental income can be documented
with one of the following;
o Two (2) mortgage trade lines, reported on the credit report or VOM, reflecting 0x30x12 history, or;
o Copy of the most recent lease with 2-months proof of receipt (Verification required to meet minimum
number of properties for an experienced investor).
• First-Time Investor: A borrower that does not meet the Experienced Investor criteria. First Time Investors must
currently own a residence (primary or rental) for a minimum of the most recent twelve (12) months.
8.11 - RESTRICTIONS
• See Verus Matrices for acceptable credit grades and max LTV;
• If DSCR < 1.15, minimum loan amount is $150,000;
• Minimum 620 credit score;
• No Rural properties;
• First-Time Investor max LTV/CLTV=65%;
• No Gift Funds permitted (Cash or Equity);
• Recent late payments on all consumer debt may not exceed 1X60 over prior 12 months.;
• Tax returns and IRS Form 4506-T are not required for the program.
8.12 - BORROWER INCOME
• No proof of income required;
• The employment section of the 1003 loan application should be completed including a valid phone number,
no further verification required.
8.13 - ASSET DOCUMENTATION
30-days of Asset verification is required. Large deposits need to be sourced. The remaining asset documentation
standards in Section 7.5 of this Guide apply.
• Any account statement should cover most recent 30-day period.
8.14 - PROPERTY GROSS INCOME DOCUMENTATION AND DETERMINATION
LEASE REQUIREMENTS
• Unleased Property: A property where one (1) or both of the following exist:
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o More than 50% of the units within the subject property do not have an existing lease;
o More than 50% of the units within the subject property have an executed lease reflecting
month-to-month term(s) without proof of rent receipt within 90-days of the Note.
• Unleased Property LTV/CLTV Restrictions
o Purchase Transaction: Program Max
o Refinance (Rate/Term and Cash-Out)
▪ Loan Balance <= $1,000,000 - 65%/65%
▪ Loan Balance > $1,000,000 – 60%/60%
DOCUMENTATION REQUIREMENTS
• Purchase
o Form 1007, if applicable
o Existing lease agreement(s), if applicable
• Refinance
o Form 1007, if applicable
o Existing lease agreement(s), if appraisal report reflects tenant occupied
o If new lease, must include copy of lease along with proof of receipt of damage deposit and
first month’s rent
o If subject property leased on a short-term basis utilizing an on-line service such as Airbnb;
gross monthly rents can be determined by using a 12-month look back period; and either 12-
monthly statements, or an annual statement provided by the on-line service to document receipt
of rental income. If documentation can’t be provided covering a 12-month period, property
will be considered unleased.
INCOME ANALYSIS
Gross Income
Gross Income is the lower of gross rents indicated on the lease agreement(s) and Form 1007. If the lease(s)
agreement reflects higher rents then the 1007, the lease(s) amount may be used for gross rents if two months
proof of receipt is verified. For purchase transactions without an existing lease and Unleased Property
refinance transactions, the gross rents indicated on the 1007 may be used without the lease agreement(s).
Debt Service Coverage Ratio
Debt Service Coverage Ratio is the Monthly Gross Income divided by the PITIA of the subject property.
See the Verus Eligibility matrix for required Debt Service Coverage Ratios.
EXAMPLE: DEBT SERVICE COVERAGE RATIO
Single Family Purchase Money Transaction
Monthly PITIA = $650 Estimated Monthly Market Rent (Form 1007) = $850 Existing Lease Monthly Rent = Not Available
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Gross Market Rent = $850 (Estimated Monthly Market Rent when a lease is not available for a purchase transaction)
Gross Income = $850 ÷ PITIA = $650 DSCR = 1.30
8.15 - RENT LOSS INSURANCE
Rent loss insurance covering a minimum of 6 months is required for the subject property.
8.16 - DEFAULT EVENT
If a loan payment is delinquent for 60 days, Verus Mortgage Capital’s loan servicer will enforce the following
provision from the 1-4 Family Rider; Paragraph “G” - Assignment of Leases.
8.2 - FOREIGN NATIONAL
A Foreign National is a non-resident alien who is not authorized to live or work in the U.S or holds a work Visa that is
indicative of a more temporary residency than those required to meet Non-Permanent Resident Alien requirements. A
Foreign National may periodically visit the U.S. for various reasons including vacation and/or business. To be eligible,
the borrower must live and work in another country, and be a legal resident of that same country. They may not
purchase property intended for use as a primary residence.
A complete 1003 loan application is required on all loan files reflecting borrower’s full name, phone number,
address including flat, floor, unit or house number, street name, city, province/state, along with a postal code.
Additional phone numbers to assist credit vendors in contacting the borrower, such as cell, land, or business, should be
obtained and the Borrower Contact Consent Form (Exhibit I) may be utilized for this purpose.
8.21 - AUTOMATIC DEBIT PAYMENT AGREEMENT (ACH)
An executed Automatic Debit Payment Agreement (ACH Form) from a U.S. Bank, including either the bank routing
number, account number, and account type, or a voided check, is required for transactions involving a Foreign
National. See Exhibit B.
8.22 - FOREIGN NATIONAL PROGRAM SPECIFIC DOCUMENTATION REQUIREMENTS
• The following are required as evidence the borrower is in the U.S legally:
o Copy of the borrower’s valid and unexpired passport (including photograph)
o Copy of the borrower’s valid and unexpired visa (including photograph) OR an I-797 form with valid extension dates and I-94.
o Borrowers from countries participating in the State Department’s Visa Waiver Program (VWP) are not required to provide a valid visa. Participating countries can be found at http://travel.state.gov/content/visas/en/visit/visa-waiver-program.html The credit file should be documented with a current print out of the participating countries with the borrowers country of origin highlighted.
• Visa types allowed: B-1, B-2, H-2, H-3, I, J-1, J-2, 0-2, P-1, P-2, TN NAFTA, Laser Visa
• If a non-U.S. citizen is borrowing with a U.S. citizen, Foreign National documentation requirements still apply.
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• All parties (Borrower(s) and seller(s)) involved on transaction must be screened through exclusionary lists, must be cleared through OFAC's SND list, search of Specially Designated Nationals & Blocked Persons List may be completed via US Department of Treasury: http://sdnsearch.ofac.treas.gov/.
• Borrowers from OFAC sanctioned countries are ineligible http://www.treasury.gov/resource-center/sanctions/Programs/Pages/Programs.aspx.
• Individuals with Diplomatic immunity not eligible http://www.state.gov/s/cpr/rls.
• Documents signed by Borrowers outside of the United States must be notarized by a U.S. embassy or consular official. The certificate of acknowledgment must meet the standard notarial requirements and must include the embassy or consular seal.
• Power of Attorney (POA) is not allowed.
8.23 - FOREIGN NATIONAL CREDIT
QUALIFYING U.S. CRED IT
• A credit report must be obtained for all Foreign National borrowers with a valid Social Security.
Requirements found in the CREDIT section of this guide apply. Borrowers not meeting these requirements
may proceed under the Qualifying Foreign Credit requirements detailed in this guide.
• Guideline restrictions: Qualifying U.S. Credit
o Maximum LTV/CLTV: 75%
o Gift Funds not allowed
o Minimum Credit Score: 620
QUALIFYING FOREIGN CREDIT
• Foreign National Borrowers without Qualifying U.S. Credit (including borrowers without a valid Social
Security Number, and borrowers with or without an Individual Tax Identification Number) must provide
evidence of three (3) open tradelines reporting for two (2) years with activity in the most recent
12-months. No derogatory credit history is permitted within the 2-year period under review. ANY
combination of the following is acceptable to arrive at the tradeline requirement:
o Tradelines evidenced via a U.S. credit report; AND/OR
o Tradelines evidenced via international credit report if a U.S. credit report cannot be produced, or does not provide a sufficient number of tradelines; AND/OR
o Tradelines evidenced via credit reference letters from verified financial institutions in the borrower’s country of origin, if a U.S. credit report and/or international credit report is not available, or the combination of the credit reports does not provide a sufficient number of tradelines.
▪ A minimum of 1 reference letter must be from an internationally known financial institution.
▪ Each letter of reference must state the type and length of the relationship, how the account
is held, payment amount, outstanding balance, and status of account, including a minimum 12 month payment history.
▪ A single reference source may provide verification of multiple accounts. Individual account
detail must be provided.
▪ The letter must mention the borrower by name.
▪ Name, title & contact information of the person signing the letter must be included.
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▪ Currency must be converted to U.S. Dollars and signed and dated by certified translator. All documents must be translated into English.
• Guideline restrictions: Qualifying Foreign Credit
o Maximum LTV/CLTV: 70%
o Gift Funds not allowed
o Minimum Credit Score: 620 (when available)
HOUSING HISTORY
Evidence of a two-year housing history (mortgage and/or rental) with 0x30x12 is required. Housing history
may be included as one of the required tradelines for a Qualifying U.S. Credit transaction if it is included on
the U.S. credit report, or it may be used as one of the required tradelines for a Qualifying Foreign Credit
transaction if it is included on the U.S. credit report, the international credit report, or verified in accordance
with credit reference letter requirements.
8.24 - FOREIGN NATIONAL INCOME
• Debt Service Coverage Ratio is the only available qualifying method, see DSCR criteria in section 8.1.
8.25 - FOREIGN NATIONAL ASSETS
RESERVES
A minimum of twelve (12) months of reserves are required.
ASSETS HELD IN FOREIGN ACCOUNTS
Assets held in foreign accounts may be used as a source of funds to close, and to meet applicable reserve
requirements. These funds must be transferred to a U.S. domiciled account in the borrower’s name at least
ten (10) days prior to closing.
• Documenting assets held in foreign accounts:
o Assets must be verified in U.S. Dollar equivalency at the current exchange rate via either www.xe.com or the Wall Street Journal conversion table.
o A copy of the two (2) most recent statements for that account. If the funds are not seasoned a minimum of sixty (60) days, a letter of explanation is required, along with the information to comprise a sixty (60) day chain of funds.
o See the Asset Documentation section of this guide for eligible sources and types of assets.
GIFT FUNDS
• Not allowed.
The ASSETS section of this guide prevails unless otherwise mentioned
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SECTION 9.0 – TITLE INSURANCE
9.1 - TITLE POLICY REQUIREMENTS
Each loan delivered to Verus Mortgage Capital must include a title insurance policy. If the file contains the
Commitment for Title Insurance, it must indicate the policy will be issued upon payment of the premium. By delivering
a mortgage loan to Verus Mortgage Capital, the Seller represents and warrants that the loan is covered by the
required title policy, issued by a licensed insurer, and includes any required endorsements. The title insurer and
policy must conform to Fannie Mae requirements.
9.11 - TERMS OF COVERAGE
The title insurance policy must ensure the title is acceptable and that the mortgage represents a first lien on a fee
simple basis on the property. The title policy must also list all other liens and reflect they are subordinate. The policy
must be written on one of the following forms:
• The 2006 American Land Title Association (ALTA) standard form.
• An ALTA short form if it provides coverage equivalent to the 2006 ALTA standard form.
• In states in which standard ATLA forms of coverage are, by law or regulation, not used, the state-
promulgated standard or short form which provides the same coverage as the equivalent ALTA form.
• Adjustable Rate Mortgage – The policy must include ALTA Endorsement6-06.
• Texas Section 50(a)(6) - Requires a Mortgagee Policy of Title Insurance (Form T-2), supplemented by
an Equity Loan Mortgage Endorsement (Form T-42) including the optional coverage provided by
Paragraph 2(f) and a Supplemental Coverage Equity Loan Mortgage Endorsement (Form T-42.1).
9.12 - EFFECTIVE DATE OF COVERAGE
The effective date of the title insurance coverage written on forms that do not provide the gap coverage included in
the 2006 ALTA policies may be no earlier than the later of the date of the final disbursement of loan proceeds or the
date the mortgage was recorded.
Because the 2006 ALTA forms provide protection for the time between loan closing and recordation of the mortgage,
policies written on those forms may be effective as of loan closing.
9.13 - AMOUNT OF COVERAGE
The amount of title insurance coverage must at least equal the original principal amount of the mortgage.
9.14 - MERS
If a mortgage is registered with MERS and is originated naming MERS as original mortgagee of record, solely as
nominee for the lender named in the security instrument , and the lender's successors and assigns, then the "insured
mortgage" covered by the title insurance policy must be identified in the title insurance policy as the security
instrument given to MERS, solely as nominee for the lender and lender's successors and assigns. However, under no
circumstances may MERS be named as the insured of a title policy.
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9.15 - OTHER REQUIREMENTS
The title insurance coverage must include an environmental protection lien endorsement (ALTA Endorsement 8.1-06 or
equivalent state form provides the required coverage).
References are to the ALTA 2006 form of endorsement, but state forms may be used in states in which standard ALTA
forms of coverage are, by law or regulation, not used, provided that those endorsements do not materially impair
protection to Verus Mortgage Capital. As an alternative to endorsements, the requisite protections may be
incorporated into the policy.
Title policies may not include the creditors’ rights exclusion language that ALTA adopted in 1990.
9.16 - CHAIN OF TITLE
All files are to contain a 24-month title history. Transfer date, price, buyer and seller names should be provided for
any transfers that occurred within the past 24-months.
9.17 - CONDOMINIUM OR PLANNED UNIT DEVELOPMENTS
The title insurance policy for a condo or PUD unit mortgage must describe all components of the unit estate.
For condo unit mortgages, an ALTA 4-06 or 4.1-06 endorsement or its equivalent is required. For PUD unit
mortgages, an ALTA 5-06 or 5.1-06 endorsement or its equivalent is required. These endorsements must be attached
to each policy or incorporated in the text of the policy.
If the unit owners own the common areas of the project as tenants in common, the policy for each unit mortgage must
reflect that ownership.
If the homeowners' association owns the common elements, areas, or facilities of the project separately (or holds them
in a leasehold estate), the title insurance on those areas must insure that ownership.
This title policy must show that title to the common elements, areas, or facilities is free and clear of any objectionable
liens and encumbrances, including any statutory or mechanics' liens for labor or materials related to improvements on
the common areas that began before the title policy was issued.
The title policy must protect Verus Mortgage Capital by insuring the following:
• that the mortgage is superior to any lien for unpaid common expense assessments. (In jurisdictions that give
these assessments a limited priority over a first mortgage lien, the policy must provide assurance that those
assessments have been paid through the effective date of the policy.);
• against any impairment or loss of title of first lien caused by any past, present, or future violations of any
covenants, conditions, or restrictions of the master deed for the project. (It must specifically insure against
any loss that results from a violation that existed as of the date of the policy.);
• that the unit does not encroach on another unit or on any of the common elements, areas, or facilities. (The
policy also must insure that there is no encroachment on the unit by another unit or by any of the common
elements, areas, or facilities.);
• that the mortgage loan is secured by a unit in a condo project that has been created in compliance with the
applicable enabling statutes;
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• that real estate taxes are assessable and lienable only against the individual condo unit and its undivided
interest in the common elements, rather than against the project as a whole; and
• that the owner of a PUD unit is a member of the homeowners' association and that the membership is
transferable if the unit is sold.
9.18 - TITLE EXCEPTIONS
Verus Mortgage Capital will not purchase or securitize a mortgage secured by property that has an unacceptable
title impediment, particularly unpaid real estate taxes and survey exceptions.
If surveys are not commonly required in particular jurisdictions, the lender must provide an ALTA 9 Endorsement. If it is
not customary in a particular area to supply either the survey or an endorsement, the title policy must not have a
survey exception.
9.19 - MINOR IMPEDIMENTS TO TITLE
Title for a property that secures a conventional mortgage is acceptable even though it may be subject to the
following conditions, which Verus Mortgage Capital considers minor impediments:
• Customary public utility subsurface easements that were in place and completely covered when the
mortgage was originated, as long as they do not extend under any buildings or other improvements;
• Above-surface public utility easements that extend along one or more of the property lines for distribution
purposes or along the rear property line for drainage purposes, as long as they do not extend more than
12 feet from the property lines and do not interfere with any of the buildings or improvements or with the
use of the property itself;
• Mutual easement agreements that establish joint driveways or party walls constructed on the security
property and on an adjoining property, as long as all future owners have unlimited and unrestricted use of
them;
• Restrictive covenants and conditions, and cost, minimum dwelling size, or set back restrictions, as long as their
violation will not result in a forfeiture or reversion of title or a lien of any kind for damages, or have an
adverse effect on the fair market value of the property;
• Encroachments of one foot or less on adjoining property by eaves or other overhanging projections or by
driveways, as long as there is at least a ten-foot clearance between the buildings on the security property
and the property line affected by the encroachment;
• Encroachments on adjoining properties, as long as those encroachments consist only of hedges or removable
fences;
• Outstanding oil, water, or mineral rights that are customarily waived by other lenders, as long as they do
not materially alter the contour of the property or impair its value or usefulness for its intended purposes;
• Variations between the appraisal report and the records of possession regarding the length of the property
lines, as long as the variations do not interfere with the current use of the improvements and are within an
acceptable range. (For front property lines, a 2% variation is acceptable; for all other property lines, 5% is
acceptable.);
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• Rights of lawful parties in possession, as long as such rights do not include the right of first refusal to
purchase the property. (No rights of parties in possession, including the term of a tenant’s lease, may have a
duration of more than two years.);
• Minor discrepancies in the description of the area, as long as the lender provides a survey and affirmative
title insurance against all loss or damage resulting from the discrepancies.
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EXHIBIT A: OCCUPANCY CERTIFICATION
OCCUPANCY CERTIFICATION
Borrower Co-Borrower(s) Property Address
I/We the undersigned certify that:
Primary Residence – I/we will occupy the Property as my/our principal residence within Sixty (60) days after the date of closing as stated in the Mortgage or Deed of Trust I/we executed. I/We will continue to occupy the Property as my/our principal residence for at least one year after the date of occupancy, unless Lender otherwise agrees in writing.
Second Home – I/we will occupy the Property as a second home (vacation, etc) while maintaining a principal residence elsewhere.
Investment Property – I/we will not occupy the Property as a principal residence or second home. I/we will not occupy the Property for more than 14 days in any calendar year. The Property is an investment to be held or rented rather than for household or personal use.
INVESTMENT PROPERTY ONLY (the following must be completed on an investment property loan)
I/we understand that consumer protection laws applicable to consumer loans will not apply to this loan, including the
Truth in Lending Act (15 U.S.C. § 1601 et seq.), Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.),
Gramm-Leach Bliley Act (15 U.S.C. §§ 6802-6809), Secure and Fair Enforcement Mortgage Licensing Act (12 U.S.C.
§ 5101 et seq.), and Homeowners Protection Act (12 U.S.C. § 4901 et seq.).
REFINANCE ONLY (the following must be completed on a refinance transaction)
I/We the undersigned, certify that the property referenced above is NOT currently listed for sale or under contract
to be listed for sale.
I/We understand that it is illegal to provide false information in an application for a mortgage loan. Mortgage fraud is punishable by up to thirty (30) years in federal prison or a fine of up to $1,000,000, or both under the provisions of Title 18, United States Code, Sec. 1001, et seq.
I/We understand that failure to comply with the requirements in the Mortgage or Deed of Trust regarding occupancy of the property will entitle the Lender to exercise its remedies for breach of covenant under the Mortgage or Deed of Trust. Such remedies include, without limitation, requiring immediate payment in full of the remaining indebtedness under the Loan together with all other sums secured by the Mortgage or Deed of Trust, and exercise of power of sale or other applicable foreclosure remedies, to the extent permitted by the Mortgage or Deed of Trust.
Borrower Date Borrower Date
Borrower Date Borrower Date
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EXHIBIT B: AUTOMATIC PAYMENT AUTHORIZATION (ACH) FORM
Automatic Payment Authorization Form
You must attach a voided check or deposit slip
Yes, I would like to enroll in the free* monthly Automatic Payment Program
Name: Street Address: City, State, Zip Code:
Mortgage Loan Number:
Daytime Phone Number: Evening Phone Number:
Financial Institution Name: Financial Institution Phone Number:
Electronic ACH Routing Number:
Account Number: Checking ❑ S a v i n g s
Financial Institution Address:
Please specify the payment date most convenient for you, which must be within the applicable grace period. If a payment date
is not specified, or your loan is a daily simple interest loan, payments will be deducted on your current loan due date.
Deduct my payment on the___________of each month (select a date within the grace period indicated on your note)
I hereby authorize , including its successors and/or assigns, to initiate transfers from my checking or
savings account at the financial institution indicated above for the purpose of making my monthly mortgage payment. I authorize the
amount of each transfer to include my regularly scheduled payment including principal, interest and escrow items, reimbursement of
corporate advances, optional insurance as applicable and the costs of any services I request. I understand that, in accordance with the
terms of my mortgage note and/or adjustments in my escrow for taxes and insurance, my payment may change from time to time as set
forth in my loan documents. You are hereby authorized to change the amount of the draft from my checking or savings account,
provided you notify me of the new payment amount at least 10 days prior to the draft date. I agree that the payment change notice
provided to me under the Adjustable Rate Mortgage Provisions of the Truth-in-Lending Act and/or escrow analysis form shall constitute
notice of payment change as required by the Electronic Funds Transfer Act and Federal Reserve Board Regulation E.
The authorization is to remain in full force and effect until revoked in writing. Such revocation notification must be provided to the Initiating
party no less than fifteen (15) business days prior to it taking effect. Please contact the Initiating Party immediately if you change financial
institutions, change accounts within the same financial institution or if you wish to revoke this authorization.
I HEREBY AGREE TO THE TERMS AND CONDITIONS IN THIS FORM.
Borrower's Signature ____________________________________________________________________ Date
Co-Borrower's Signature ______________________________________________________________ Date
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EXHIBIT C: PERSONAL GUARANTY FORM
Form is available for download at www.verusmc.com under correspondent resources.
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EXHIBIT D: BORROWER CERTIFICATION OF BUSINESS PURPOSE
BORROWER CERTIFICATION OF BUSINESS PURPOSE Date:
Borrower(s) Name:
Borrower(s) Address:
Loan No:
Property Address:
Borrower or its members (“Borrower”) hereby warrants and represents that they wish to continue with the loan application, that the loan is for commercial purposes and not consumer purposes, and that the loan proceeds are intended to be used and shall be used for commercial purposes only, not for personal, family or household purposes. Borrower also represents that none of the properties securing the loan is currently occupied by Borrower as their primary residence or vacation home, but instead all properties are leased or intended to be leased or occupied by an entity or person other than Borrower, and that Borrower shall not occupy or reside in any of the properties during the term of the loan.
Borrower’s purpose in applying for the loan is to use the proceeds of the loan for:
____________________________________________________________________________________
____________________________________________________________________________________
Because the loan would be made exclusively for commercial purposes as noted immediately above, laws applicable to consumer purpose loans, such as the following laws, are not applicable to the loan: Truth in Lending Act (15 U.S.C. § 1601 et seq.), Real Estate Settlement Procedures Act (12 U.S.C. § 2601 et seq.), Gramm‐Leach Bliley Act (15 U.S.C. §§ 6802–6809), Secure and Fair Enforcement Mortgage Licensing Act (12 U.S.C. § 5101 et seq.), and Homeowners Protection Act (12 U.S.C. § 4901 et seq.). By signing below Borrower hereby confirms that they have read and understand the Borrower Certification of Business Purpose, that the information provided in connection with obtaining the loan is complete and accurate as of the date above, and that the Properties are non-owner occupied investment properties.
Borrower(s):
(Signature) (Date) (Signature) (Date)
(Type/Print Name) (Type/Print Name)
(Signature) (Date) (Signature) (Date)
(Type/Print Name) (Type/Print Name)
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EXHIBIT E: CONDOMINIUM PROJECT QUESTIONNAIRE
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EXHIBIT F: DEVELOPER/BUILDER QUESTIONNAIRE
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EXHIBIT G: LLC BORROWING CERTIFICATE – SINGLE MEMBER
LIMITED LIABILITY COMPANY BORROWING CERTIFICATE
TO: [LENDER LEGAL NAME]
The undersigned, being the sole member of [ , a limited liability company] (“Borrower”),
does hereby certify that it is the sole and only member of Borrower and, under the Borrower’s [Operating
Agreement][Limited Liability Company Agreement] and by these presents, the undersigned is authorized and
empowered for and on behalf of and in the name of Borrower and without any requirement for consent or
approval by any other person or party, as Borrower's act and deed:
1. To borrow money from [LENDER LEGAL NAME] (“Lender”) and to assume any liabilities of any
other person or entity to Lender, in such form and on such terms and conditions as shall be agreed
upon by those authorized above and Lender, and to sign and deliver such promissory notes and other
evidences of indebtedness for money borrowed or advanced and/or for indebtedness assumed as
Lender shall require; such promissory notes or other evidences of indebtedness may provide that
advances be requested by telephone communication and by any member, manager, employee or agent
of Borrower so long as the advances are deposited into any deposit account of Borrower with Lender;
Borrower shall be bound to Lender by and Lender may rely upon any communication or act, including
telephone communications, purporting to be done by any member, manager, employee or agent of
Borrower provided that Lender believes, in good faith, that the same is done by such person.
2. To mortgage, encumber, pledge, convey, grant, assign or otherwise transfer all or any part of
Borrower's real or personal property for the purpose of securing the payment of any of the promissory
notes, contracts, instruments and other evidences of indebtedness authorized hereby, and to execute
and deliver to Lender such deeds of trust, mortgages, pledge agreements and/or other security
agreements as Lender shall require.
3. To perform all acts and execute and deliver all documents described above and all other contracts and
instruments which Lender deems necessary or convenient to accomplish the purposes of this certificate
and/or to perfect or continue the rights, remedies and security interests to be given to Lender,
including, without limitation, any modifications, renewals and/or extensions of any of Borrower's
obligations to Lender, however evidenced; provided that the aggregate principal amount of all sums
borrowed and credits established pursuant to this certificate shall not at any time exceed the sum of [$
] outstanding and unpaid.
The authority hereby conferred shall be deemed retroactive, and any and all acts authorized herein which were
performed prior to the execution of this certificate are hereby approved and ratified. The authority hereby
conferred is in addition to that conferred by any other certificate heretofore or hereafter delivered to Lender and
shall continue in full force and effect until Lender shall have received notice in writing from Borrower of the
revocation hereof, and such revocation shall be effective only as to credit which was not extended or committed
to Borrower by Lender prior to Lender's receipt of such notice.
The undersigned further certifies that the activities covered by the foregoing certifications constitute duly
authorized activities of Borrower; that said certifications are now in full force and effect; and that there is no
provision in any document pursuant to which Borrower is organized and/or which governs Borrower's continued
existence limiting the power of the undersigned to make the certifications set forth herein, and that the same are
in conformity with the provisions of all such documents.
IN WITNESS WHEREOF, the undersigned has hereunto executed this Certificate as of [ _____________, 20 ].
[INSERT SIGNATURE BLOCK FOR SOLE MEMBER]
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EXHIBIT H: LLC BORROWING CERTIFICATE – MULTIPLE MEMBER
LIMITED LIABILITY COMPANY BORROWING CERTIFICATE
TO: [LENDER LEGAL NAME]
The undersigned, being all of the members of [____________, a ____ limited liability company] (“Borrower”), do
hereby certify that they are, respectively, all of the managers and members of Borrower and, under the Borrower’s
[Operating Agreement][Limited Liability Company Agreement] and by these presents, the undersigned are each
authorized and empowered for and on behalf of and in the name of Borrower and without any requirement for consent
or approval by any other person or party, as Borrower's act and deed:
1. To borrow money from [LENDER LEGAL NAME] (“Lender”) and to assume any liabilities of any other
person or entity to Lender, in such form and on such terms and conditions as shall be agreed upon by those
authorized above and Lender, and to sign and deliver such promissory notes and other evidences of
indebtedness for money borrowed or advanced and/or for indebtedness assumed as Lender shall require;
such promissory notes or other evidences of indebtedness may provide that advances be requested by
telephone communication and by any member, manager, employee or agent of Borrower so long as the
advances are deposited into any deposit account of Borrower with
Lender; Borrower shall be bound to Lender by and Lender may rely upon any communication or act,
including telephone communications, purporting to be done by any member, manager, employee or agent
of Borrower provided that Lender believes, in good faith, that the same is done by such person.
2. To mortgage, encumber, pledge, convey, grant, assign or otherwise transfer all or any part of Borrower's real
or personal property for the purpose of securing the payment of any of the promissory notes, contracts,
instruments and other evidences of indebtedness authorized hereby, and to execute and deliver to Lender
such deeds of trust, mortgages, pledge agreements and/or other security agreements as Lender shall require.
3. To perform all acts and execute and deliver all documents described above and all other contracts and
instruments which Lender deems necessary or convenient to accomplish the purposes of this certificate
and/or to perfect or continue the rights, remedies and security interests to be given to Lender, including,
without limitation, any modifications, renewals and/or extensions of any of Borrower's obligations to
Lender, however evidenced; provided that the aggregate principal amount of all sums borrowed and credits
established pursuant to this certificate shall not at any time exceed the sum of [$____________]
outstanding and unpaid.
The authority hereby conferred shall be deemed retroactive, and any and all acts authorized herein which were performed
prior to the execution of this certificate are hereby approved and ratified. The authority hereby conferred is in addition to
that conferred by any other certificate heretofore or hereafter delivered to Lender and shall continue in full force and effect
until Lender shall have received notice in writing from Borrower of the revocation hereof, and such revocation shall be
effective only as to credit which was not extended or committed to Borrower by Lender prior to Lender's receipt of such
notice.
We further certify that the activities covered by the foregoing certifications constitute duly authorized activities of
Borrower; that said certifications are now in full force and effect; and that there is no provision in any document
pursuant to which Borrower is organized and/or which governs Borrower's continued existence limiting the power of
the undersigned to make the certifications set forth herein, and that the same are in conformity with the provisions of all
such documents.
IN WITNESS WHEREOF, the undersigned has hereunto executed this Certificate as of [____________, 20__].
[INSERT SIGNATURE BLOCKS FOR MEMBERS AND ALL MANAGERS]
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EXHIBIT I: BORROWER CONTACT CONSENT FORM
BORROWER CONTACT CONSENT FORM
(Information Optional)
To insure we have the correct contact information for servicing your loan, please provide the following information.
By signing I authorize my mortgage servicer, its transfers and/or assigns, to contact me regarding the servicing of my loan using the following
contact information.
Mailing address for your mortgage statements and other correspondence:
Same as the subject property.
Please use this mailing address instead:
Address Line 1
Address Line 2
City/State/Zip Country
Cell phone number:
□ I choose not to provide a cell phone number.
I understand that by providing a cell phone number and by signing this form, I am giving the holder of my mortgage Note and its billing servicer
permission to use the cell phone number to contact me regarding my loan.
Within the United States If you reside outside the United States
Borrower (_______)_______-_______________ (_______)_______________________________
Co-Borrower (_______)_______-_______________ (_______)_______________________________ (area code) phone number (country code) phone number
Email address:
□ I choose not to provide an email address.
I understand that by providing an email address, I am giving the holder of my mortgage Note and its billing servicer permission to use this email to
contact me regarding my loan.
Borrower @
Co-Borrower @
Signature(s):
Borrower
Date
Co-Borrower
Date
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EXHIBIT J: CONDOMINIUM PROJECT WARRANTY CERTIFICATION
Condominium Project Warranty Certification Project Name:
Project Address:
Phase
Borrower Name:
Subject Address:
Lender Name:
Loan Number:
This certification represents and warrants that the above condominium project meets all eligibility requirements for sale as required by Fannie Mae.
The Lender representative certifies that they have completed a Full Condo Project review as outlined in the Fannie Mae guidelines section B4-2.2-02 Full Review including review of all required documentation for the project type.
Project type: Established New 2-4 unit
Project Documents reviewed include:
Condo Questionnaire
Current annual HOA/Project Budget
Current Balance Sheet
Evidence of Project Insurance
Project legal documents as required by Project type
Lender certifies that it has retained all supporting documentation used to complete the review for this Warranty Certification. The Lender Representative certifies that all appropriate documentation has been examined and that the Representative and Lender warrant that the project meets all requirements set forth in the FannieMae guidelines for a Full Review.
Signature of Lender Representative certifying
Name of Lender Representative
Title of Lender Representative
Date of Certification:
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EVHIBIT K: PRE-CLOSE ELIGIBILITY FILE SUBMISSION CHECKLIST
Pre-Close Eligibility Review
Document Submission Checklist
Copy of Loan Estimate
Rate Lock Disclosure
1003
1008 and/or Seller U/W approval worksheet
Credit Report
Credit explanation letters
Verification of Mortgage/Rent
Employment/Income Verification
o DSCR Documentation
▪ Lease Agreement(s)
▪ Proof of receipt
Asset Verification
o 1-month of Bank Statements
o VOD
o Earnest Money Documentation
Property
o Appraisal Report
o Enhanced Desk Review (CDA, ARR, or ARA)
o Copy of Purchase Agreement/Sales Contract
o Preliminary Title
Additional Documents
o Fraud Check
o Occupancy Certificate
o Business Purpose Acknowledge Form
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EXHIBIT L: SPOUSAL CONSENT FORM
CONSENT OF SPOUSE
I, [Name of Spouse], spouse of [Name of Guarantor], acknowledge that I have read the [Guaranty], dated
as of [Closing Date], by [Name of Guarantor] (the “Guaranty”), and that I know the contents of the Guaranty. I am
aware that the Guaranty contains provisions guaranteeing amounts for the benefit of [Name of Borrower]
(“Borrower”) and in support of that certain promissory note incurred by Borrower and payable to the order of
[Name of Lender] (“Lender”), as well as other obligations under the Guaranty:
I hereby expressly approve of the Guaranty in its entirety, including, but not limited to, that my spouse
guarantees to Lender the full and prompt payment when due, whether at the Maturity Date or earlier, the entire
amount due under the promissory note (as defined in the Guaranty).
I am aware that the legal and related matters contained in the Guaranty are complex and that I have been
advised to seek independent professional guidance or counsel with respect to this Consent. I have either sought such
guidance or counsel or determined after reviewing the Guaranty carefully that I will, and hereby do, waive such
right.
[Name of Spouse]
Spouse’s Address: [Address of Spouse]
[INSERT NOTARY ACKNOWLEDGEMENT]
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EXHIBIT P – APPRAISAL REVIEW GUIDE
VERUS MORTGAGE CAPITAL APPRAISAL REVIEW GUIDE
SUBJECT
1) Does the subject property address match the documentation in file such as the loan application, purchase
contract, etc.? If yes validate address via USPS address validator.
2) Is the owner of record consistent with the loan file documentation? If refinance the borrower should reflect as
owner. If purchase does the owner match the purchase contract?
CONTRACT
1) Did appraiser review the sales contract? Appraiser must review the sales contract on all purchase
transactions.
2) Does the information in this section agree with the information on the sales contract?
NEIGHBORHOOD AND SITE
1) Pay attention to situations which could adversely affect subject values such as rural properties, property
values declining, over supply, marketing time > 6 months. Appraiser may need to comment on reason(s) and
its effect on the subject’s value.
2) Is the subject’s value within the neighborhoods price range? If no appraiser to comment on its effect on the
marketability of the subject.
3) Is the present land use predominately residential and similar to the subject’s use and is the present land use
stable? If no appraiser must comment.
4) Is the subject zoned legal non-conforming or illegal? If legal non-conforming, ensure property can be rebuilt
if destroyed.
5) Are there any negatives comments regarding the site? If so, verify noted condition will not affect the
marketability.
6) Is the subject located on a private road? If so, obtain maintenance agreement.
7) Be aware of acreage and any possible guideline restrictions.
IMPROVEMENTS
1) Is there evidence of infestation, dampness, settlement in the foundation? If so, the appraiser must comment.
2) Are there any negative comments in the improvements section if the appraisal is not subject to repairs? If
yes, the appraiser may need comment further.
3) Are there any physical deficiencies or adverse conditions that affect the livability, soundness or structural
integrity of the property? If so, is the situation addressed?
4) Pay attention to any improvements/remodeling mentioned by appraiser the past 1 -5 years and their
impact on the final value and/or any recent increase to value.
SALES COMPARISON APPROACH
1) Did the appraiser indicate number of comparable properties currently listed and sold in the neighborhood?
If no request from appraiser.
2) Are comparable sales located within the subject’s neighborhood based on location (urban, suburban, rural)?
If no appraiser to comment.
3) Are the comparable sales dated within six months? If no the appraiser must address.
4) Are the comparable sales similar to the subject in location, design, gross living area, room counts, age,
condition, etc.? If not, the appraiser must explain why the comps chosen were utilized.
5) For condominiums at least one comparable sale should be outside of the subject’s complex.
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6) Be aware of total adjustments exceeding 15% for net and 25% for gross adjustments as referenced in
Verus Mortgage Capital loan eligibility criteria.
7) Add-ons (garage/barn/pool/etc.) are addressed and any adjustments are not excessive.
8) Watch for ineligible condition(s) such as C5, C6 or Q6.
Complete an independent analysis of the information and documentation provided on the appraisal focusing on
the four items below.
1) Review photos of subject. Does the subject appear to need repairs? If so and the appraiser did not require
repairs the appraiser must comment on observed issue and possibly provide cost to cure.
2) Complete research via on line tools such as Zillow, Google, etc. on the comparable sales and compare
exterior and interior photos of the comparable sales to the subject to ensure they are not superior.
3) Review sales history and listings in the subject’s immediate neighborhood with online tools such as Zillow,
MLS, etc. to ensure best sale comparable(s) were utilized by appraiser.
4) Review street map that identifies subject location as well as the sale comparable(s) and verify comps are not
clustered together in a superior neighborhood, separated from subject by man-made barriers such as major
roads/highways, etc.
RECONCILIATION
1) Is the appraisal made “subject to completion, repair or inspection? If yes condition for
completion/repair/inspection.
COST APPROACH
1) Is the land to value ratio typical for the area? If the site value has been provided ensure the land-to-value
ratio is not too high for the subject’s neighborhood.
2) Is the indicated value by cost approach in line with the sales comparison approach? If no appraiser to
address.
ADDENDA
1) Are all required addenda attached to the appraisal which include map, sketch, photo’s?
2) Watch for adverse comments on any of the addenda
Are the correct appraisal form(s) used? For example, condominiums should be form 1073. Small residential income
property appraisal report (form 1025) should contain form 1007 single family comparable rent schedule, etc.