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Freddie Mac Guidelines: Mortgages with Capitalized Balances

At a Glance

  • Capitalized balances must be legally permitted under your mortgage documents and state law
  • No new amounts can be capitalized after Freddie Mac agrees to purchase the loan
  • The loan must fully amortize over its remaining term without creating a balloon payment
  • Lenders must notify borrowers of reamortization or maturity date changes
  • Community Land Trust mortgages and income-restricted properties cannot use capitalized balances

What Are Capitalized Balances

A mortgage with a capitalized balance means your lender has added unpaid amounts to your principal loan balance instead of treating them as separate debts. This typically happens when you fall behind on payments or when certain costs like property taxes or insurance premiums go unpaid.

Say you missed three mortgage payments totaling $4,500. Instead of keeping this as a separate debt, your lender might add the $4,500 to your remaining loan balance. Your new principal balance becomes higher, but you avoid foreclosure and get back on track with regular payments.

The same process can happen with unpaid property taxes, hazard insurance premiums, or late charges. Rather than demanding immediate payment of these amounts, the lender rolls them into your mortgage balance.

When Fannie Mae Accepts These Mortgages

Fannie Mae will purchase mortgages with capitalized balances, but only under specific conditions. The capitalization must be legally allowed under your original mortgage documents and comply with your state's laws.

Your mortgage note must remain fully enforceable for the entire debt amount, including the capitalized portions. The lender must maintain a valid first lien position on your property that secures the full balance.

The total unpaid balance, including all capitalized amounts, cannot exceed the original loan amount shown in your note. This prevents situations where capitalization pushes the debt above what you initially borrowed.

Most importantly, no additional amounts can be capitalized after Fannie Mae agrees to buy the loan. This cutoff date protects Fannie Mae from taking on loans where the balance might continue growing.

Loan Term and Payment Requirements

Your mortgage must still fully amortize in equal monthly payments over a standard term - 10, 15, 20, or 30 years from when Fannie Mae purchases it. The capitalization cannot create a situation where you owe a large balloon payment at the end.

If adding the capitalized amounts would push your loan past its original maturity date or create a balloon payment, your lender must reamortize the loan before selling it to Fannie Mae. This means recalculating your payment schedule to ensure the loan pays off completely over the allowed timeframe.

Say you had 25 years left on your mortgage when $10,000 got capitalized. If keeping your current payment would leave a balance at maturity, your lender must either extend the term (within Fannie Mae's limits) or increase your monthly payment to ensure full amortization.

Required Borrower Notifications

When your lender reamortizes your loan or extends the maturity date due to capitalization, they must inform you of these changes. You have the right to know that amounts have been added to your balance and how this affects your payment schedule.

If your mortgage has a stated maturity date, your lender must tell you that the capitalization will either extend payments beyond that date or increase your monthly payment amount. This notification requirement protects borrowers from surprise payment changes.

The lender must also verify that all maturity date calculations are correct. Errors in these computations could leave you with unexpected payment obligations or loan terms that don't comply with Fannie Mae requirements.

What Mortgages Cannot Use Capitalized Balances

Community Land Trust mortgages are specifically excluded from this program. These affordable housing arrangements have unique ownership structures that make capitalized balances incompatible with Fannie Mae's requirements.

Mortgages on properties with income-based resale restrictions that end upon foreclosure also cannot use capitalized balances. These restrictions typically appear in affordable housing programs where sale prices are limited based on buyer income levels.

The property valuation requirements for these restricted properties, detailed in [[Section 4406.4(c)]], create complications that make capitalized balances unsuitable for Fannie Mae purchase.

Documentation Your Lender Needs

Your lender must verify that your original mortgage documents permit capitalization. They'll review your note and deed of trust to confirm this authority exists and complies with state law requirements.

The lender needs documentation showing the exact amounts capitalized and when the capitalization occurred. This includes detailed accounting of missed payments, unpaid taxes, insurance premiums, or late charges added to your balance.

If your loan was reamortized, your lender must provide the new amortization schedule and evidence that you were properly notified of the changes. They must also demonstrate that all maturity date calculations are accurate.

Common Problems and Complications

Timing creates the biggest risk with capitalized balances. If your lender continues adding amounts to your balance after Fannie Mae commits to purchase the loan, the sale could fall through entirely.

State law variations can also create problems. Some states have stricter requirements for when and how lenders can capitalize amounts, and these must be followed exactly for Fannie Mae eligibility.

Borrowers sometimes don't understand that capitalization increases their total debt and monthly payments. While it helps avoid foreclosure, the long-term cost is higher because you're paying interest on the capitalized amounts for the life of the loan.

Calculation errors in reamortization can disqualify the loan from Fannie Mae purchase. If the new payment schedule doesn't properly amortize the full balance over the allowed term, the lender must correct these errors before delivery.

References

For the official guidelines, see 4403.1: Mortgages with capitalized balances in the Fannie Mae Selling Guide.

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Original Freddie Mac Guideline Text

(a)

Overview

Mortgages having principal balances that include capitalization of interest, taxes, hazard insurance premiums and/or late charges are eligible for purchase under certain conditions.

The following Mortgages are not eligible for sale as Mortgages with capitalized balances:

Community Land Trust Mortgages

Mortgages secured by properties subject to income-based resale restrictions that terminate upon foreclosure (or expiration of any applicable legally required foreclosure redemption period) or recordation of a deed-in-lieu of foreclosure, where the property value must be determined in accordance with

(b)

General requirements

By delivery of Mortgages with capitalized balances, the Seller represents and warrants the following requirements have been met as of the Delivery Date:

Capitalization is permitted under the Mortgage documents and applicable State law

The Note is negotiable, and the entire indebtedness, including all amounts capitalized, is fully enforceable against the Borrower and secured by a First Lien

The UPB of the Mortgage, including all amounts capitalized, does not exceed the original loan amount as reflected in the Note

No capitalization will occur after the Purchase Contract Date of Acceptance

The Mortgage is fully amortizing in substantially equal monthly installments of principal and interest over a period of up to 10, 15, 20 or 30 years, respectively (depending on whether the Mortgage is to be included in a 10-, 15-, 20- or 30-year Pool) following the Delivery Date. If, as a result of the capitalization, the Note maturity date could have exceeded the maximum term to maturity for the related Pool after delivery to Freddie Mac or could have resulted in a balloon payment at maturity, the Seller must have reamortized the Mortgage before delivery to Freddie Mac. For each Mortgage that has been reamortized or for which the stated maturity date has been extended, the Seller makes the following additional representations and warranties:

Each affected Borrower has been informed of the capitalization, and

If such Borrower's Mortgage contains a stated maturity date, that capitalization will result in installments becoming due after such stated maturity date or an increase in the monthly payment

All computations of maturity dates are correct

(c)

Section 6302.22

for delivery requirements for Mortgages with capitalized balances.

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About the Author

Mortgatron

Mortgatron

Homebuyer.com Research Agent

Mortgatron is Homebuyer.com's trained research agent, built on two decades of mortgage expertise from our team. It reads thousands of pages of federal guidelines, lending rules, and housing data so you don't have to — then explains what matters in the same straightforward way a loan officer would across the desk. Every source is cited. Every article is reviewed by the Homebuyer.com editorial team.

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