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Freddie Mac Guidelines: Temporary Subsidy Buydown Plans

At a Glance

  • Qualify at the full note rate, not the temporary reduced rate, to ensure affordability when buydown period ends
  • Buydown account must be fully funded at closing before loan delivery
  • Investment properties and cash-out refinances are ineligible for buydowns
  • Promissory note shows full interest rate and payment; buydown agreement is separate document
  • Seller or builder contributions for buydowns count toward interested party contribution limits

What Is a Temporary Subsidy Buydown Plan

A temporary subsidy buydown plan lets you pay a lower interest rate for the first few years of your mortgage. Someone — usually the seller, builder, or lender — deposits money into an escrow account at closing. This money gets applied to your monthly payment each month, covering the difference between what you pay and what you would pay at the full interest rate.

Say you get a 30-year fixed loan at 7% interest, but the seller funds a 2-1 buydown. Your rate starts at 5% in year one, jumps to 6% in year two, then goes to the full 7% in year three. The seller deposits enough money at closing to cover those payment reductions for 24 months.

Fannie Mae recognizes two types of buydown plans. Limited buydowns reduce your rate by up to 2 percentage points and last up to 2 years. Extended buydowns can reduce your rate by up to 3 percentage points but cannot last more than 3 years.

How Qualification Works

Here's the catch that surprises many borrowers: you must qualify at the full note rate, not the reduced buydown rate. If your loan has a 7% note rate with a 2-1 buydown, the lender calculates your debt-to-income ratio using the 7% payment.

This rule exists because your payment will eventually reach the full note rate. Fannie Mae wants to ensure you can afford the loan when the buydown period ends. If you can barely qualify at the reduced rate, you might struggle when your payment increases.

For adjustable-rate mortgages with buydowns, qualification gets more complex. The lender must follow the standard ARM qualification rules in [[B3-3.1-04]], which typically means qualifying you at a rate higher than the initial note rate.

Required Documentation

Your loan file must contain a signed buydown agreement that spells out exactly how the arrangement works. This agreement must state that the buydown funds get applied automatically each month and that you remain responsible for the full payment if the buydown money runs out.

The lender must also document their calculations showing the total cost of the buydown plan and any contributions from interested parties. They need to show the annual percentage increase in your principal and interest payment during the buydown period.

The buydown agreement must prevent you from accessing the escrowed funds directly. You cannot assign, transfer, or withdraw money from the buydown account except as the agreement allows.

Loans That Cannot Use Buydowns

Several loan types cannot use temporary buydown plans. Investment property loans are completely ineligible — buydowns only work for primary residences and second homes.

Cash-out refinances cannot use buydown plans either. However, rate-and-term refinances can use buydowns as long as the buydown funding does not come from a lender credit generated by increasing your interest rate.

Certain ARM products also face restrictions. The 3/6-month ARM and 5/6-month ARM secured by 3-4 unit primary residences cannot use buydown plans.

Funding Requirements

The buydown account must be fully funded at closing before your loan can be delivered to Fannie Mae. This means whoever is paying for the buydown — whether it's the seller, builder, or lender — must deposit the entire amount upfront.

The lender calculates the exact funding amount based on the payment differential over the buydown period. For a $400,000 loan with a 2-1 buydown, they determine how much extra you would pay at the full rate versus the reduced rates, then require that full amount at closing.

If the funding comes from the seller or builder, it counts as an interested party contribution and must comply with Fannie Mae's contribution limits. These limits vary by loan-to-value ratio and loan program.

Note and Mortgage Document Rules

Your promissory note and mortgage documents cannot reference the buydown plan at all. The note must show the full interest rate and the payment amount calculated at that rate, not the temporary reduced payment.

This separation protects both you and the lender. If the buydown account runs out of money, you still owe the full payment shown in the note. The buydown agreement cannot change the fundamental terms of your mortgage.

The monthly payment amount on your loan application and closing documents will show the full note rate payment, even though you'll initially pay less due to the buydown.

What Happens During the Loan Term

Each month, your servicer automatically applies money from the buydown account to reduce your payment. You pay the reduced amount, and the escrowed funds cover the difference.

If you sell the home and the buyer assumes your loan, the buydown can continue under the original terms. If you pay off the loan early, any remaining buydown funds get distributed according to the buydown agreement — typically back to whoever funded the account.

In foreclosure situations, any remaining buydown funds must be applied to reduce the mortgage debt rather than returned to the funding party.

Common Complications

The biggest surprise for borrowers is qualifying at the full note rate when they expected to qualify at the reduced rate. This can derail loan applications where buyers counted on the lower payment to meet debt-to-income requirements.

Another issue arises with interested party contribution limits. If the seller funds the buydown and also pays other closing costs, the total might exceed Fannie Mae's contribution limits for your loan-to-value ratio.

Some borrowers assume they can access the buydown funds if they need cash later. The agreement specifically prohibits this — the money stays locked in the account for its intended purpose.

Timing can create problems too. If the buydown funding doesn't arrive by closing, the loan cannot be delivered to Fannie Mae until the account is fully funded.

References

For the official guidelines, see 4204.3: Temporary subsidy buydown plans in the Fannie Mae Selling Guide.

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Original Freddie Mac Guideline Text

This section contains information related to:

Ineligible Mortgages

Special underwriting requirements for Mortgages with buydown plans

Special documentation requirements for Mortgages with buydown plans

Other requirements for Mortgages with buydown plans

Delivery requirements for Mortgages with buydown plans

(a)

Eligible buydown plans

Temporary subsidy buydown plans (“buydown plans”) allow the Borrower to benefit from a temporary subsidy of the monthly payment of principal and interest.

Freddie Mac will purchase Limited Buydown Mortgages and Extended Buydown Mortgages pursuant to the terms of the Purchase Documents and this section.

, the initial interest rate must be:

Temporarily reduced to no more than two percentage points below the Note Rate, and

Increased by no more than one percentage point annually for no more than two years from the first scheduled payment date

, the initial interest rate must be:

Temporarily reduced by more than two percentage points, but no more than three percentage points, below the Note Rate, and

Increased by no more than one percentage point annually for more than two years, but no more than three years, from the first scheduled payment date

®

®

Mortgages with buydown plans must meet the requirements of this section and

Sections 4501.5

and

4504.5

, respectively.

(b)

Ineligible Mortgages

The following Mortgages are not eligible for buydown plans:

3/6 Month ARMs

5/6-Month ARMs secured by a 3-to 4-unit Primary Residence

Cash-out refinance Mortgages

“No cash-out” refinance Mortgages with a buydown plan funded with a lender credit derived from an increase in the interest rate

Investment Property Mortgages

For any Mortgage with a buydown plan, the initial interest rate may not be more than three percentage points below the Note Rate. The buydown plan may not extend for more than three years after the first scheduled payment date.

(c)

Special underwriting requirements for Mortgages with buydown plans

(i)

Establishing housing and debt payment-to-income ratios

For

fixed-rate Mortgages

, the Seller must qualify the Borrower using monthly payments calculated at the Note Rate; however, the interest rate used to qualify the Borrower must be equal to or greater than the maximum interest rate that may apply during the first five years after the date on which the first regular periodic payment will be due, based on the loan amount over the term of the Mortgage.

ARMs

, the Seller must qualify the Borrower using monthly payments calculated in accordance with

Section 4401.2

.

(ii)

Calculation of reserves

If reserves are required, the reserves must be calculated using the Note Rate.

(d)

Special documentation requirements for Mortgages with buydown plans

The Mortgage file must contain:

A copy of the executed buydown agreement, and

The Seller’s calculations of the total cost of the buydown plan, any interested party contributions and the annual percentage increase in the Borrower’s monthly principal and interest payment during the buydown period.

The buydown

agreement

must provide that:

The funds in the buydown account will be automatically applied each month to reduce the monthly payment of principal and interest;

If, for any reason, the buydown funds are not available or the buydown funds are not paid, the Borrower will remain obligated to make the full monthly Mortgage payments required under the terms of the Note; and

The Borrower will not assign, transfer or close the buydown account, or withdraw buydown funds, except as permitted by the terms of the buydown agreement

(e)

Other requirements for Mortgages with buydown plans

(i)

Custodial Account requirements for buydowns

Each buydown plan must be fully funded at origination. See

Sections 8302.1(a)(ii)

and

8302.2(b)

for Custodial Account requirements for buydown plans.

(ii)

Note and Security Instrument

No references to the buydown plan are permitted in the Note and Security Instruments. In no event may the buydown agreement change the terms of the Note or the Security Instrument.

The interest rate and monthly payments shown in the Note must be calculated without reference to the buydown plan.

(iii)

Servicing requirements

If the Mortgage is foreclosed, the funds in the buydown account must be used to reduce the Mortgage debt. If the Mortgage is paid in full, the funds must be distributed in accordance with the buydown agreement. If the property is sold and the Mortgage is assumed by the purchaser, the funds may continue to be used to reduce the Mortgage payments in accordance with the original terms of the buydown agreement.

(f)

Delivery requirements for Mortgages with buydown plans

Section 6302.18

for information on the delivery and pooling requirements for Mortgages with a buydown plan.

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Mortgatron

Mortgatron

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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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