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Freddie Mac Guidelines: No Cash-Out Refinance Mortgages

At a Glance

  • Cash extraction is limited to the greater of 1% of new loan amount or $2,000
  • Previous refinances must be at least 30 days old to be paid off with new proceeds
  • Junior liens can only be paid off if the entire original amount was used to purchase the property
  • Excess proceeds must reduce the loan amount or be applied as principal payment, not taken as cash
  • Detailed documentation required for all debts being paid off, especially junior liens and land contracts

What Is a No Cash-Out Refinance

A no cash-out refinance lets you replace your current mortgage with a new one without taking significant cash from your home's equity. Think of it as swapping your old loan for a new one with better terms — lower rate, different payment schedule, or switching from adjustable to fixed rate.

The "no cash-out" label means you're not treating your home like an ATM. You can pocket a small amount (up to 1% of the loan or $2,000, whichever is greater), but the bulk of your new loan pays off the old mortgage and covers closing costs.

Say you owe $300,000 on your current mortgage and your home appraises for $400,000. In a no cash-out refinance, your new loan might be $305,000 — enough to pay off the $300,000 balance, cover $3,000 in closing costs, and give you $2,000 in cash (since 1% of $305,000 is $3,050, but you're limited to what you actually need).

What You Can Pay With Refinance Proceeds

The money from your new loan can pay off several specific debts and costs. Your existing first mortgage gets paid off regardless of when you got it, as long as it was used to buy the property originally or was a refinance at least 30 days old.

You can pay closing costs for the new loan — appraisal, title insurance, origination fees, and other standard refinance expenses. Late fees or prepayment penalties on your current mortgage also qualify.

Junior liens like second mortgages or home equity lines can be paid off, but only if the entire amount of those loans went toward buying your current home. If you took a second mortgage to buy the house and later drew additional money for other purposes, you'll need documentation showing the original loan amount used for the purchase.

Property taxes present a wrinkle. You cannot use refinance proceeds to pay past-due property taxes unless you're taking the maximum cash out allowed. If you owe $5,000 in back taxes, you'd need to pay those separately before closing or take your full cash-out allowance to cover them.

Required Documentation

Your lender needs proof that any debts you're paying off meet Fannie Mae's requirements. For your existing first mortgage, the payoff statement and credit report showing the loan's origination date usually suffice.

If you're paying off junior liens, you'll need the original loan documents proving the money went entirely toward purchasing the property. A settlement statement from your home purchase showing the second mortgage funding is ideal documentation.

For land contracts or contracts for deed, you need the executed contract, proof of 12 months of payments, and evidence the contract is at least 12 months old. Bank statements, canceled checks, or payment receipts work for payment history.

PACE liens (Property Assessed Clean Energy financing) require additional documentation per [[Section 4301.8]], including verification that the improvements were completed and meet program requirements.

Why These Rules Exist

Fannie Mae restricts cash-out amounts because no cash-out refinances carry lower risk than cash-out transactions. When borrowers extract significant equity, they have less skin in the game and higher incentive to walk away if home values drop.

The 30-day seasoning requirement for previous refinances prevents rapid-fire refinancing that could indicate fraud or predatory lending. It ensures borrowers aren't churning loans to generate fees without meaningful benefit.

The restriction on junior lien payoffs protects against inflated property values. If someone took a second mortgage for home improvements after purchase, paying it off with refinance proceeds could effectively allow cash out beyond the stated limits.

Common Problems and Complications

The biggest trap involves junior liens that weren't used entirely for the home purchase. Say you bought your house with a first mortgage and a $50,000 second mortgage, then later drew an additional $20,000 from the second mortgage for other expenses. You can only pay off the original $50,000 portion with your no cash-out refinance proceeds.

Timing issues arise with recent refinances. If you refinanced six months ago and want to refinance again, that's fine. But if you refinanced 20 days ago, you'll need to wait until the 30-day mark passes.

Excess proceeds create complications many borrowers don't expect. If your loan amount exceeds what you need to pay off debts and closing costs, you cannot pocket the difference beyond the cash-out limits. The extra money must either reduce your loan amount or be applied as a principal payment at closing.

Property tax delinquencies can derail transactions. If you owe $3,000 in back taxes and only qualify for $2,000 in cash out, you'll need to bring money to closing or pay the taxes before the refinance.

Special Program Variations

Refi Possible mortgages have additional restrictions on proceeds usage per [[Section 4302.5]]. These loans target borrowers with limited equity, so the allowable uses are more restrictive than standard no cash-out refinances.

CHOICERenovation and GreenCHOICE mortgages allow proceeds to fund specific home improvements in addition to paying off existing debt. The renovation costs must meet program requirements and be completed according to Fannie Mae guidelines.

Construction-to-permanent and renovation mortgages follow different rules entirely under [[Chapter 4602]], allowing proceeds to fund construction or improvement costs beyond the standard no cash-out parameters.

References

For the official guidelines, see 4301.4: "No cash-out" refinance Mortgages in the Fannie Mae Selling Guide.

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Original Freddie Mac Guideline Text

A “no cash-out” refinance Mortgage is a Mortgage for which the proceeds may be used only as described in this section.

A “no cash-out” refinance Mortgage must meet the Borrower requirements in

Section 4301.2

.

This section contains requirements related to:

Allowable uses of proceeds from a “no cash-out” refinance Mortgage

Allowable uses of proceeds for Refi Possible

®

®

®

, Construction to Permanent Mortgages and Renovation Mortgages

(a)

Allowable uses of proceeds from a “no cash-out” refinance Mortgage

Proceeds from a “no cash-out” refinance Mortgage may be used only to:

Pay off the principal and interest due

, which may include the payoff of a balance deferred under a loss mitigation plan, for the following:

First Mortgage, regardless of its age, provided the first Mortgage was used to acquire the property, regardless of the age of the first Mortgage, or

First Mortgage, originated as a refinance transaction, with a Note Date no less than 30 days prior to the Note Date of the “no cash-out” refinance Mortgage, as documented in the Mortgage file (e.g., on the credit report or the title commitment)

Pay off any costs or fees associated

with the satisfaction and release of the first Mortgage (e.g., late fees, prepayment penalties, etc.)

Pay off or pay down any junior liens

secured by the Mortgaged Premises that were used in their entirety to acquire the subject property. Any remaining balance must be subordinated to the refinance Mortgage.

The Borrower is not required to satisfy outstanding junior liens secured by the Mortgaged Premises, provided that the junior lien meets the requirements for secondary financing in

Section 4204.1

and/or Affordable Seconds

®

in

, as applicable

If a junior lien was paid off as part of the “no cash-out” refinance transaction, the Seller must maintain documentation in the Mortgage file demonstrating that the full amount of the lien was used for the purchase of the subject property

Pay any required share of appreciation

due to the subsidy provider per the resale restricted covenants, subject to the requirements in

Section 4406.8(b)

Pay related Closing Costs.

Note: Real estate taxes that are past due and/or delinquent, as defined by the taxing authority, may not be paid with the proceeds of the “no cash-out” refinance Mortgage, except that if the transaction results in cash out as permitted in the following bullet, these funds may be used to pay the delinquent taxes.

Disburse cash out to the Borrower (or any other payee)

up to the greater of 1% of the new refinance Mortgage or $2,000

Pay off the outstanding balance of a land contract or contract for

deed if the following requirements from

Section 4404.1

are met:

A copy of the executed land contract or contract for deed must be included in the Mortgage file

The land contract or contract for deed must have been executed at least 12 months prior to the Application Received Date

The Mortgage file must include third-party documentation evidencing payments in accordance with the land contract or contract for deed for the most recent 12-month period

The loan-to-value ratio must be calculated using the current appraised value of the Mortgaged Premises

Pay off a Property Assessed Clean Energy (PACE) or PACE-like obligation

, subject to the additional requirements in

(b)

Allowable uses of proceeds for Refi Possible Mortgages, CHOICERenovation Mortgages, GreenCHOICE Mortgages, Construction to Permanent Mortgages and Renovation Mortgages

Refi Possible Mortgages

, see the limitations on the uses of proceeds in

CHOICERenovation Mortgages

, proceeds may be used to pay off the existing Mortgage debt and/or finance the eligible renovations as described in

Section 4607.6

, subject to the additional requirements in Sections

4607.7(c)

and

4607.7(d)

, as applicable

GreenCHOICE Mortgages

, proceeds may be used to pay an Existing Debt, as defined in

Section 4606.1(c)

, subject to the additional requirements in

Section 4606.3(b)

, and to finance eligible improvements as described in

Section 4606.1(b)

, subject to the additional requirements in

For

Construction to Permanent Mortgages and Renovation Mortgages

, see

(c)

Treatment of excess proceeds

If there are remaining proceeds from the “no cash-out” refinance Mortgage after the proceeds are applied as described above:

The Mortgage amount must be reduced, or

The excess amount must be applied as a principal curtailment to the new refinance Mortgage at closing and must be clearly reflected on the Settlement/Closing Disclosure Statement. See

Section 6302.32

for special delivery requirements for Mortgages with principal curtailments.

Under no circumstances may cash disbursed to the Borrower (or any other payee) exceed the maximum permitted for “no cash-out” refinance Mortgages.

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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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