Hardship Subordination Guidelines

Hardship Subordination Guidelines for Housing New Mexico Second Mortgage Loan Products

Housing New Mexico second mortgage loan products are designed to assist first-time homebuyers with down payment and closing costs associated with purchasing or rehabilitating a home. These loan products are repaid through various methods which include: due on sale, transfer or refinance, monthly payments and compliance term forgiveness. In addition to complying to program guidelines, repayment of your second mortgage loan under the terms of your mortgage instrument allows the funds to be recycled to assist other first-time homebuyers. Because of the program requirements, Housing New Mexico would not authorize a subordination of any Housing New Mexico second mortgage loan product. However, Housing New Mexico will review and approve a subordination request under the following circumstances:

A Federal HOME funded loan refinanced during the Period of Affordability (“POA”): Housing New Mexico will review and approve a subordination request on Federal HOME funded loan within the HUD defined POA.

Hardship: Need for emergency home improvements; unforeseen medical needs and/or expenses; a situation that prevents foreclosure on the borrower’s first mortgage such as loss mitigation loan modification; a hardship created through divorce or legal separation; Imminent Default, or other special circumstances that may be approved by Housing New Mexico.

A Subordination request must meet the following minimum requirements:

• A hardship situation exists
• No cash out
• New interest rate must be a fixed rate
• The closing costs do not exceed 3 percent of the loan amount
• The loan modification or refinance of the first mortgage should benefit the borrower by allowing a current market rate first mortgage and/or lowering the current first mortgage interest rate or payment
• Property MUST BE owner occupied
• Borrower vesting must be identical to original documents
• Housing New Mexico hardship subordination is limited to one approval for the term of Housing New Mexico second mortgage

Housing New Mexico must receive:

• Contact information/mailing address of person/lender submitting the package
• Written request from the borrower explaining the purpose for the request and documentation supporting the hardship (see supporting documentation list below)
• Copy of Housing New Mexico’s existing second lien documents – note and mortgage
• Copy of the existing first lien documents -signed note and recorded mortgage
• Copy of payoff quote on current 1st mortgage
• Copy of the completed loan application, TIL, Good Faith Estimate showing all anticipated costs/fees
• All pertinent loan information on the new first mortgage Housing New Mexico is subordinating including information for the lender that will be closing loan)

Supporting documentation required:

• Imminent Default (HUD Defined) -
  A reduction in or loss of income (unemployment, reduced job hours, reduced pay, decline in self-employed business earnings)
  A change in household financial circumstances (death in family, serious or chronic illness, permanent or short-term disability of borrower)
  • Reason: To prevent foreclosure
    Documentation submitted to Housing New Mexico:
    Documentation supporting the hardship
• Loss Mitigation-Loan Modification
  Reason: To prevent foreclosure
  Documentation required from lender:
  • Payoff quote on existing 1st mortgage
  • Payoff quote on 2nd mortgage if not serviced by Housing New Mexico
  • Copy of note and mortgage on existing 1st lien
  • Copy of loan modification agreement
  • Copy of sub-note and mortgage, if applicable
  • 2nd mortgage with Housing New Mexico must be current
• Cash-out
  Reason: Emergency home improvement or medical need/expenses
  Documentation submitted to Housing New Mexico:
  • Documentation supporting the expense
• Divorce/legal separation
  Reason: Refinancing in order to remove co-borrower from first mortgage (where equity in home is not enough to pay off Housing New Mexico loan).
• Documentation submitted to Housing New Mexico:
  • Divorce decree stating need to refinance
  • Quit Claim Deed
  • Appraisal, if applicable
• Relocation (home is non-owner occupied)
  Reason: Relocation due to military orders
  Documentation submitted to Housing New Mexico: Copy of military orders

Process

Submit the required documents to Housing New Mexico via fax 505.243.3289 or contact Housing New Mexico's Mortgage Servicing Department at 505.843.6882 to request the e-mail address of the person handling the requests. Within seven to l0 business days of receipt of your package, the lender will receive an approval/denial letter or request for additional information from Housing New Mexico.

If the request for subordination is approved, Housing New Mexico will complete and execute a subordination agreement ONLY upon receipt of copies of the new first mortgage documents and the Final HUD 1. Please allow up to two business days for preparation of the subordination agreement.

The lender/title company is responsible for recording the original subordination agreement and forwarding recorded original along with a copy of the Closing Disclosure to: Housing New Mexico, 344 Fourth Street SW, Albuquerque, NM 87102.