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Exception to Restrictions on Private Transfer Fee Covenants for Loans Meeting Certain Duty To Serve Shared Equity Loan Program Requirements Final Rule

Open Date:
Open for comment
Deadline:
All comments are due by
Type:
Final Rule
Number:
RIN-2590-AB30
Group:
 
Fannie Mae; FHLBanks; Freddie Mac
Document Number:
2024-05194
CFR:
12 CFR Part 1228
CFR Description:
RESTRICTIONS ON THE  ACQUISITION OF, OR TAKING  SECURITY INTERESTS IN,  MORTGAGES ON PROPERTIES  ENCUMBERED BY CERTAIN PRIVATE  TRANSFER FEE
Federal Register Publish Date:
View Document:
 
Contact Information:

FOR FURTHER INFORMATION CONTACT:  Ted Wartell, Associate Director, Office of Housing and Community Investment (OHCI), 202–649–3157, ; or Sara L. Todd, Assistant General Counsel, Office of General Counsel (OGC), 202–649–3527, ; Federal Housing Finance Agency, 400 Seventh Street SW, Washington, DC 20219. These are not toll-free numbers. The mailing address for each contact is: Federal Housing Finance Agency, Fourth Floor, 400 Seventh Street SW, Washington, DC 20219. For TTY/TRS users with hearing and speech disabilities, dial 711 and ask to be connected to any of the contact numbers above.

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​SUMMARY:  The Federal Housing Finance Agency (FHFA) is adopting as final, without substantive change, a proposed rule amending its regulation that restricts its regulated entities—the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac) (collectively, the Enterprises), and the Federal Home Loan Banks (Banks)—from purchasing, investing in, accepting as collateral, or otherwise dealing in mortgages on properties encumbered by certain types of private transfer fee covenants (PTFCs), or related securities, subject to certain exceptions (PTFC Regulation). As proposed, the final rule establishes an additional exception that authorizes the Enterprises and Banks to engage in such transactions if the loans meet the shared equity loan program requirements for Resale Restriction Programs in FHFA's Duty to Serve Underserved Markets Regulation (Duty to Serve Regulation), without regard to any household income limit.

DATES:  The final rule is effective May 13, 2024.

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