Ginnie Mae MBS Guide (5500.3, Rev. 1) Chapter 31 — Project Loan Pools — Special Requirements
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Verbatim provisions from Ginnie Mae MBS Guide (5500.3, Rev. 1) Chapter 31 — Project Loan Pools — Special Requirements — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
Ginnie Mae MBS Guide Chapter 31 — Project Loan Pools — Special Requirements
: 2015-10-01 This chapter describes special requirements that apply to a pool consisting of one or more multifamily project loans. The requirements stated here modify those set forth in previous chapters for applying for and maintaining Issuer status, obtaining commitment authority and pool numbers, submitting pool issuance documents, delivering securities, and administering pools. The pool suffix is “PL,” “PN,” “LM,” “LS,” or “RX” depending on the following specific pool requirements: “PL” identifies a pool consisting of a single, level payment FHA-insured project loan that (A) has a first scheduled payment date no more than 24 months before the issue date of the securities and (B) has not been modified subsequent to FHA’s final endorsement. (Please See MBS Guide Chapter 31, Part 6)
Ginnie Mae MBS Guide Chapter 31 — Project Loan Pools — Special Requirements
, Rev. 1 31-1 ginniemae.gov “PN” identifies a pool consisting of a single, non-level payment FHA-insured or Rural Development, RD-guaranteed project loan that (A) has a first scheduled payment date no more than 24 months before the issue date of the securities and (B) has not been modified subsequent to FHA’s final endorsement, and execution of RD Form RD 3565-4, Loan Note Guarantee. (Please See MBS Guide Chapter 31, Part 7 for special PN pool requirements) “LM” identifies a pool consisting of (A) a single project loan with a first scheduled payment date more than 24 months before the issue date of the securities or (B) a loan that has been modified subsequent to final endorsement. (Please See MBS Guide Chapter 31, Part 8 for special LM pool requirements) “LS” identifies a pool consisting of one or more project loans, (A) each of which is secured by a lien on a small project as determined by FHA or an RD-Section 538 guaranteed loan that has been used for the revitalization of the Section 515 loan portfolio, (B) each of which has a first scheduled payment date no more than 24 months before the issue date of the securities and (C) none of which has been modified subsequent to final endorsement, or issuance of the RD permanent loan guarantee. (Please See MBS Guide Chapter 31, Part 9 for special LS pool requirements) “RX” identifies a pool consisting of one or more project loans, (A) each of which is secured by a lien on a Mark-to-Market project as determined by FHA and the Office of Affordable Housing Preservation (OAHP) and (B) each of which has a first scheduled payment date no more than 24 months before the issue date of the securities. (Please See Chapter 31, Part 10 for special RX pool requirements) Note: Project loan pools may only be formed under the Ginnie Mae I MBS Program.
Ginnie Mae MBS Guide Chapter 31 — Project Loan Pools — Special Requirements
: 2015-10-01 To be eligible to issue project loan securities, an applicant must satisfy the eligibility requirements set forth in MBS Guide, Ch. 2 and 3, including the net worth requirements applicable to Issuers of project loan securities. (Please See MBS Guide Chapter 2, Part 9 and Chapter 3, Part 8)
Ginnie Mae MBS Guide Chapter 31 — Project Loan Pools — Special Requirements
: 2015-10-01 The spread between the face interest rate on a pooled mortgage and the interest rate on the securities is retained by the Issuer as a servicing fee. The Issuer uses this fee to pay the costs of servicing the mortgage, other costs of performing its Issuer responsibilities, and the Ginnie Mae guaranty fee. No additional fee will be charged to the mortgagor for the servicing of the mortgage. The Ginnie Mae guaranty fee is 13 basis points. The minimum servicing fee, exclusive of the guaranty fee, is 12 basis points. The minimum spread between the mortgage note and the security interest rate is, therefore, 25 basis points. The spread may not exceed 50 basis points without prior written approval by Ginnie Mae. Exceptions to this rule include LS or RX pools, or a pool backed by an RD loan.
Ginnie Mae MBS Guide Chapter 31 — Project Loan Pools — Special Requirements
COMMITMENT AUTHORITY TO GUARANTEE SECURITIES To participate in the MBS program, Issuers must request commitment authority and pool numbers as described in MBS Guide, Ch. 8. All multiline commitment authority will expire on the last day of the month that is 24 months from the date of approval of the commitment authority. Multiline commitment authority cannot be converted to single-line commitment authority. Section A. Application
Ginnie Mae MBS Guide Chapter 31 — Project Loan Pools — Special Requirements
: 2015-10-01 The procedure for applying for multiline commitment authority or pool numbers is described in MBS Guide, Ch. 8, Part 3. Section B. Commitment Fee
Ginnie Mae MBS Guide Chapter 31 — Project Loan Pools — Special Requirements
MORTGAGE ELIGIBILITY AND POOL REQUIREMENTS A project loan pool, other than an LS or RX pool, may consist of only one mortgage representing a single loan on a completed project. An LS, RX or Rural Development pool may consist of one or more mortgages, each of which represents a loan on a completed project. Each mortgage must satisfy the following requirements: Section A. FHA Insurance, RD Guarantee
Ginnie Mae MBS Guide Chapter 31 — Project Loan Pools — Special Requirements
: 2015-10-01 The mortgage must be insured by FHA under the National Housing Act, or guaranteed by RD under Title V of the Housing Act of 1949. Mortgages coinsured under section 244 and insured
Ginnie Mae MBS Guide Chapter 31 — Project Loan Pools — Special Requirements
under Title X of the National Housing Act are not eligible for pooling, except that a coinsured loan that has been modified and finally endorsed for full insurance with FHA approval is eligible for pooling. Section B. Minimum Amount
Ginnie Mae MBS Guide Chapter 31 — Project Loan Pools — Special Requirements
: 2015-10-01 As of the issue date, the remaining principal balance of the mortgage must be at least $250,000 for all pool types except the LS pool type. Minimum pool size for the LS pool type will be $100,000. Section C. Finally Endorsed or Guaranteed
Ginnie Mae MBS Guide Chapter 31 — Project Loan Pools — Special Requirements
: 2015-10-01 The mortgage note must have been finally endorsed by FHA, or the Form RD 3565-4 Loan Note Guarantee must have been executed by RD, prior to inclusion of the mortgage in the Ginnie Mae project loan pool. Section D. Mortgages Sold in Auctions
Ginnie Mae MBS Guide Chapter 31 — Project Loan Pools — Special Requirements
: 2015-10-01 A mortgage sold in an auction approved by Ginnie Mae may be pooled, provided that it otherwise satisfied the requirements set forth in this Chapter. Section E. Modified Mortgages
Ginnie Mae MBS Guide Chapter 31 — Project Loan Pools — Special Requirements
: 2015-10-01 A project mortgage that has been modified with FHA approval after final endorsement is eligible for pooling only in an LM pool in accordance with the requirements of MBS Guide, Ch. 31, Part 8. Section F. Current Mortgage
Ginnie Mae MBS Guide Chapter 31 — Project Loan Pools — Special Requirements
: 2015-10-01 The mortgage must be current, as of the date of certification by the document custodian, with respect to payments of principal and interest and any necessary deposits. The Issuer must not have advanced funds, or induced or solicited any advance of funds, for the payment of any amount required by the note or mortgage within three months preceding the date of certification. Excepted from this prohibition are any advances for interest accruing from the date of the note or the date of disbursement of the loan proceeds, whichever is later, to a day one month before the due date of the first installment of principal and interest. Section G. Servicing