Product Development MBS Date: February 23, 2009 To: Fannie Mae Lenders From: Manuel Menendez, Vice President, Product Development and Business Management Subject: Lender Memo 09-06 MBS/DUS Eligibility for DUS ARM and Fixed Rate Graduated Prepayment Premiums Highlights Fannie Mae expands the product features available for MBS/DUS execution. Graduated Prepayments will now be available for Fixed Rate MBS/DUS execution. DUS ARM: o The Lifetime interest rate cap options available for the MBS/DUS execution are being expanded beyond the 3% option that was available previously. Lifetime interest rate caps now range from 2% to 6% over the initial interest rate, in increments of 0.50%; and o There will now only be two prepayment options available for both the MBS/DUS and Cash executions: a Graduated Prepayment Premium option and a 1% Prepayment Premium option. Fannie Mae is pleased to announce the expansion of product features that are available for MBS/DUS execution. This enhancement will provide Borrowers with more options when the MBS/DUS execution is utilized. The specific features available are described in more detail below and in the attached DUS Guide Updates. Fixed Rate Graduated Prepayment Premiums Graduated Prepayment Premiums will now be available for Fixed Rate Mortgage Loans utilizing the MBS/DUS execution. The following options are offered: 5-year Mortgage Loan term: 5%,4%,3%,2%,1% 7-year Mortgage Loan term: 2 year Lockout, 5%,4%,3%,2%,1% Lender Memo 09-06 1 10-year Mortgage Loan term: 5%,5%,4%,4%,3%,3%,2%,2%,1%,1% The Lender must use the applicable Schedule A to the Fannie Mae form Note that conforms to the Graduated Prepayment Premium structure selected. The Lender is not entitled to retain any portion of the Prepayment Premium paid by the Borrower. The entire Prepayment Premium must be remitted to Fannie Mae. Fannie Mae will pass through to the investor the amount of the Prepayment Premium that exceeds 1% of the amount of principal being prepaid. DUS ARM Lifetime Interest Rate Caps: The DUS ARM is being enhanced to permit the use of the MBS/DUS execution for all of the existing lifetime interest rate cap options. The lifetime interest rate cap options currently available range from 2% to 6% over the initial interest rate, in increments of 0.50%. Prepayment Premium Options: The Prepayment Premium options available for the DUS ARM are being consolidated. Only two options will be available (for both Cash and MBS/DUS executions): Option #1: Declining Prepayment Premium Schedule: o 5 year Mortgage Loan Term: 1 year Lockout (5%),4%,3%,2%,1% o 7 year Mortgage Loan Term: 1 year Lockout (5%),4%,3%,2%,1%,1%,1% o 10 year Mortgage Loan Term: 1 year Lockout (5%),4%,3%,2%,1%,1%,1%,1%,1%,1% The Lender must use the appropriate Schedule A to the Fannie Mae ARM Note (Form 4179-1 if a 5-year term, Form 4176-1 if a 7-year term, Form 4177-1 if a 10-year term). Option #2: 1% Prepayment Premium Schedule: o All Mortgage Loan Terms: 1 year Lockout, 1% thereafter The Lender must use the appropriate Schedule A to the Fannie Mae ARM Note (Form 4179-2 if a 5-year term, Form 4176-2 if a 7-year term, Form 4177-2 if a 10-year term). There is no Prepayment Premium payable during the last 3 months prior to the maturity date of the Mortgage Loan for either option. If the ARM Mortgage Loan has a conversion option and is converted to a Fixed Rate Mortgage Loan, the Prepayment Premiums will not apply at conversion. The converted Fixed Rate Mortgage Loan must have one of the following terms: Term of Converted Mortgage Loan: 7 years 10 years Lender Memo 09-06 2 Yield Maintenance Period: 5 or 6.5 years 7 or 9.5 years The Lender is entitled to retain a portion of the Prepayment Premium paid by the Borrower in accordance with the provisions of the attached sections to the DUS Guide. Commitment and Delivery Requirements The Lender must follow standard committing procedures when entering commitment information in the Multifamily Committing and Delivery system (C&D) and include the following information: Fixed Rate Graduated Prepayment Premium option: o The Lender must check the “Special Disclosure” box on the commitment screen in order for the correct disclosure to be created; and o Enter the appropriate Prepayment Premium information. DUS ARM: The Lender must enter the appropriate Prepayment Premium information and lifetime interest rate cap information on the commitment screen. A job aid for entering data on Graduated Prepayment Premiums in C&D is attached. MBS/DUS securities are typically comprised of one Mortgage Loan per MBS/DUS security. DUS ARMs that use the MBS/DUS execution should conform with this standard. In no event should the number of DUS ARM Mortgage Loans underlying a MBS/DUS security exceed ten. Loan Documents The Schedule A Forms (Forms 4176, 4177 and 4179 series) are being revised to retire existing Forms 4176-1, 4177-1 and 4179-1 and renumber Forms 4176-3, 4177-3 and 4179-3 to reflect a “-1” suffix. There has been no change to Forms 4176-2, 4177-2 and 4179-2. The new Schedule A Forms will be published on efanniemae.com shortly. Effective Date This Guide Update is effective immediately. Questions Questions about these revisions may be addressed to Nancy Atwell at (301) 204-8495 or by email at nancy_atwell@fanniemae.com, or your Deal Team. Attachments 1. 2. 3. 4. DUS Guide, Part XII, Chapter 3 (clean and black line) DUS Guide, Part IIIC, Chapter 5 (clean and black line) C&D Job Aid for Graduated Prepayments New Schedule A Forms 4176-1, 4177-1 and 4179-1 Lender Memo 09-06 3