Ineligible Collateral

Transcription

1 Ineligible Collateral Loans with the following characteristics are ineligible to support advances under the blanket lien line of credit with FHLB Dallas. This list may not be all-inclusive and may be modified by FHLB Dallas without prior notice. Loans to Directors, Officers, Employees, Agents, Attorneys of the Member or FHLB Dallas -- Federal Regulations and Loans Adversely Classified Loans rated substandard, doubtful or loss Federal Regulations Single family residential loans over 90 days delinquent Federal Regulations Multifamily loans, commercial real estate loans, construction loans, land loans, small business loans, agricultural loans and home equity loans over 30 days delinquent FHLB Policy Loans on nonaccrual, in bankruptcy or other non-performing status -- Loans Unsecured and Miscellaneous Ineligibles Unsecured loans - Federal Regulations Loans secured by collateral located outside the USA Loans secured by stocks and bonds Federal Regulations Loans secured by checking accounts, savings accounts, certificates of deposit Loans secured by life insurance policies Loans secured by contract rights Loans secured by liquor license Loans secured by leasehold improvements Loans secured by intangible assets such as goodwill Loans pledged to a third party such as the Federal Reserve or another FHLB Loans where the Member is not in possession of the original, inked-signature paper promissory Note (or FHLB-approved Bailee Letter) Loans where the Member is in possession only of a Lost Note Affidavit in lieu of the original paper promissory Note

2 Loans with promissory Notes bearing facsimile or electronic signatures Loans acquired without a completed chain of endorsements or blank endorsement Federal Regulations and Loans matured more than 30 days prior to the onsite collateral verification review Loans to borrowers who do not have lawful presence in the USA Loans secured by junior liens behind another lender s first lien Loans held offsite by a servicer or custodian unless a custodial or other appropriate agreement has been executed with the FHLB Loans considered by FHLB Dallas to be a warehouse line of credit to a third party mortgage originator Loans other than 1-4 family residential reported in Acct Code 703 of the 5300 Statement of Condition (applies to Credit Unions only) Loans where the collateral value conforming to the regulatory reporting code is substantially less than the unpaid principal balance (An example would be a loan reported for regulatory purposes as a 1-4 family residential mortgage loan yet secured by a residence valued at $80,000 and extensive acreage valued at $500,000.) Loans that are incorrectly coded as defined by regulatory reporting guidelines (An example would be a loan reported for regulatory purposes as multifamily residential property yet the loan s collateral indicates the loan is secured by raw land. Such issues may require further investigation.) First lien real estate loans originated within 30 days prior to the collateral verification review without a Title Commitment, Title Search Report or Attorney s Preliminary Title Opinion First lien real estate loans originated more than 60 days prior to the collateral verification review without a Title Policy or Attorney s Final Opinion of Title - o (Loans secured by junior liens where Member also holds the first lien may be acceptable without a Title Policy or Attorney s Final Opinion of Title if a lien search confirmed there are no intervening liens.) Real estate loans covered by a Mortgage Lien Protection Insurance Policy in lieu of a Title Policy or Attorney s Final Opinion of Title Real estate loans having a Court Clerk Certificate in lieu of a Title Policy or Attorney s Final Opinion of Title Loans without a perfected lien interest - Federal Regulation and Real estate loans originated at $250,000 or more with appraisals that do not conform to FIRREA/USPAP standards - Federal Regulations and

3 Real estate loans with an original loan amount equal to or greater than $100,000 but less than $250,000 without an appraisal or written evaluation statement Real estate loans with an original loan amount less than $100,000 with no documented collateral valuation Residential mortgage loans originated on or after 1/10/2014 which fail to comply with the 2014 Consumer Finance Protection Board ruling relative to appraisal requirements for higher-risk mortgages, as further described in the FHLB Dallas Member Guidance. Real estate loans with appraisal/valuation dated more than 12 months prior to loan origination date (or refinance date if additional funds disbursed) Real estate loans with appraisals prepared for a non-lending institution Loans with collateral value less than the unpaid principal balance Loans secured by commercial income-producing or multifamily real estate without Assignment of Rents instrument (filed of record or included in the Deed of Trust/Mortgage) Loans secured by multifamily or commercial income producing property with unpaid principal balance of $1,000,000 or more with debt service coverage ratio less than 1.05 Loans secured by improved real estate with inadequate hazard insurance or flood insurance as defined in the FHLB Member Guidance Loans secured by residential mobile homes that are not defined as real property Federal Regulation Loans secured by mobile home dealer floor plans Dealer floor plan loans secured by titled collateral unless Member has possession of all titles or MSO s Loans secured by accounts receivable with aging report dated more than 12 months prior to the date of FHLB s review Loans secured by real estate Notes Receivable 1/10/2014 containing a mandatory arbitration provision with respect to dispute resolution unless such arbitration provisions are allowed by state law on or after 1/10/2014 that require mandatory arbitration with respect to dispute resolution Federal Regulation and 1/10/2014 that require the borrower to obtain single-premium credit life or similar insurance FHLB Dallas policy

4 on or after 1/10/2014 that require the borrower to obtain single-premium credit life or similar insurance Federal Regulation and on or after 1/10/2014 that include financing of credit life insurance premiums or fees or other similar insurance (either mandatory or voluntary) into the subject loan amount Federal Regulation and FHLB Dallas policy 1/10/2014 that require prepayment penalties for early payoff beyond the first five years of the loan FHLB Dallas policy on or after 1/10/2014 that include prepayment penalty for early payoff beyond the first three years of the loans Federal Regulation and 1/10/2014 that have, at the time of origination, annual percentage rates exceeding the rates on comparable maturity Treasury securities by more than eight percentage points for first lien or ten percentage points for a second lien 1-4 family residential principal residence first lien purchase or refinance loans with applications taken on or after 1/10/2014 with Annual Percentage Rate that exceeds the Average Prime Offer Rate by more than 6.5% for loan amounts of $50,000 or more Federal Regulation and 1-4 family residential principal residence first lien purchase or refinance loans with applications taken on or after 1/10/2014 with Annual Percentage Rate that exceeds the Average Prime Offer Rate by more than 8.5% for loan amounts less than $50,000 Federal Regulation and 1-4 family residential principal residence second lien purchase or refinance loans with applications taken on or after 1/10/2014 with Annual Percentage Rate that exceeds the Average Prime Offer Rate by more than 8.5% Federal Regulation and 1/10/2014 that have points and fees payable by the borrower exceeding the greater of $528, adjusted for inflation, or eight percent of the total loan amount 1-4 family residential principal residence purchase or refinance loans with applications taken on or after 1/10/2014 that have points and fees payable by the borrower exceeding 5% of the loan amount for loans of $20,000 or more Federal Regulation and 1-4 family residential principal residence purchase or refinance loans with applications taken on or after 1/10/2014 that have points and fees payable by the borrower exceeding the lesser of $1,000 or 8% of the loan amount for loans less than $20,000 Federal Regulation and Texas Home Equity loans exceeding 3% fee restriction or maximum 80% LTV restriction. State Regulation

5 1-4 family residential loans originated or acquired after July 10, 2007 that are non-compliant with Interagency Guidance for Subprime and Nontraditional Lending (as outlined in Member Guidance) Federal Regulations and Loans secured by 1-4 family, multifamily or commercial real estate which have an outstanding PACE (Property Assessed Clean Energy) lien if the PACE lien is superior to the mortgage pledged to FHLB and the combined loan-to-value (unpaid principal of the mortgage pledged to FHLB plus the unpaid balance of the PACE lien) exceeds 100%, or if the PACE loan unpaid balance cannot be determined. FHLB Dallas Policy 1-4 family or multifamily purchase transaction loans originated after February 8, 2011 encumbered by a Private Transfer Fee. March 2015