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Fannie Mae Private Road Maintenance Agreement

By
Mortgage and Lending with George Souto NMLS #65149 FHA, CHFA, VA Mortgages NMLS #65149

Jennifer Fivelsdal recently wrote a blog about the advantages and disadvantages of a shared driveway.  After reading her blog I remembered a loan that I tried to do about two years ago on a property with a private road.

There were 8 houses on this private road, and there was no maintenance agreement in place. The Borrower was doing a Fannie Mae Conventional Mortgage and putting 20% down.  Fannie Mae guidelines require a maintenance agreement for private roads, which meant that one of the parties in the transaction Seller/Buyer needed to have their Attorney draw one up a maintenance agreement, and have all the homeowners on the road agree to it.  All the neighbors on the road agreed to sign the road maintenance agreement except one.  After many attempt of trying to convince this homeowner that it was in his best interest to have a maintenance agreement in place the deal fell apart.

Oddly enough if this had been an FHA Mortgage the loan could have been done, because FHA no longer has a requirement for maintenance agreements on private roads.  But if the Borrower had changed from a Fannie Mae Conventional Mortgage to a FHA Mortgage, the Borrower would of had to pay Mortgage Insurance (MI) for the first 5 years, and it would have added a significant amount to their monthly payment.  The only way for a Borrower to avoid paying MI, is to do a 15 year or less mortgage, and put down 22% or more.

A Fannie Mae Private Road Maintenance Agreement must be recorded on the land records for the municipality that the property is located in, and must contain the following:

  • Each homeowners responsibility for the road and monetary share of repairs and maintenance.
  • A remedy in case of default, or failure to comply by one of the homeowners
  • The effective term of the agreement.  In most agreements the term is perpetual and binding on all future owners.

NOTE:  If the property is in a State that has statutory provisions that state what the responsibilities of what each property owner is responsible for in maintaining and repairing the private road/street, a separate maintenance road agreement is required.

NOTE: The same guideline for a Fannie Mae Private Road Maintenance Agreement, also applies to Shared Driveways.

 

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 Info about the author:

George Souto is a Loan Officer who can assist you with all your FHA, CHFA, and Conventional mortgage needs in Connecticut. George resides in Middlesex County which includes Middletown, Middlefield, Durham, Cromwell, Portland, Higganum, Haddam, East Haddam, Chester, Deep River, and Essex. George can be contacted at (860) 573-1308 or gsouto@mccuemortgage.com

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George Souto
NMLS# 65149

C (860) 573-1308
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Fax (860) 760-6891

Email Me
About Me
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I am a Mortgage Loan Officer who can assist you with all your mortgage & refinancing needs in
CT, and RI

I can assist you with your Conventional,
FHA, CHFA, VA, USDA, & 203K loan programs.

I reside in Middlesex County which includes Middletown, Middlefield, Durham, Cromwell, Portland, Haddam. E. Haddam, Higganum, Chester, Essex, Deep River.

 

Comments(14)

Joe Petrowsky
Mortgage Consultant, Right Trac Financial Group, Inc. NMLS # 2709 - Manchester, CT
Your Mortgage Consultant for Life

This private road stuff has been around forever. I am always amazed how many of these situation do not have private raod maintenance agreement. I know everyone means well, until there is a problem.

Great job with your post.

Nov 29, 2012 08:05 PM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Joe I agree.  The problem that I mentioned above the house were built in the 90's, so they had to of run into this issue before.  The homeowner that would not sign the Road Maintenance Agreement will probably be taking a different attitude when he goes to sell his house, and then he will have to deal with the problem.

Nov 29, 2012 09:22 PM
William J. Archambault, Jr.
The Real Estate Investment Institute - Houston, TX

George,

Most any "rural lending Program" can handle Private roads with out to much trouble. I did allot of these in Northen Nevada, but not Southern. Had to use the same lenders when there was no power. Unfortunately I don't remember the lenders names.

Try USDA/FmHA.

I've owned two shared drives never had a problem with the neighbors, but their guest were another matter withthe first.

Bill

Nov 30, 2012 01:16 AM
Nick T Pappas
Assoc. Broker ABR, CRS, SFR, e-Pro, @Homes Realty Group, Broker/Providence Property Mgmnt, LLC Huntsville AL - Huntsville, AL
Madison & Huntsville Alabama Real Estate Resource

George, recently I had a sale involving a private/shared road with agreement in place...my buyer lucked out with the purchase.  This also reminds me that a friend just purchased a home in rural Illinois, it's on a private road with 4-5 homes...when I asked him about the shared road he didn't look happy...guess I need to get the details.

Nov 30, 2012 01:30 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert
Bill depending on the type of loan it may or may not be a problem. With Fannie Mae it is a problem because they will not make an exception, but with FHA you just have to be conncerned about the investor purchasing the loan or not. FHA does not require the private road agreement, but the investor might ask for one. Nick, all you need is for one Homeowner to not agree and you are up a creek. In my case it did not make sense to go FHA to get around that requirement, but depending on how much your friend is putting down, it might make sense for him.
Nov 30, 2012 02:20 AM
John G. Johnston
John G. Johnston & Associates, LLC - Westcliffe, CO
An Exclusive Buyer's Agent ~ Westcliffe, CO

George  I know our HOA's take care of this problem.  I didn't know that it could be a problem.  MY biggest concern in my neck of the woods is FannieMae's ability to make the FEMA flood plain survey a guideline for Underwriters.  If this guideline becomes a regulation, we're sunk!

Nov 30, 2012 04:14 AM
Joan Cox
House to Home, Inc. - Denver Real Estate - 720-231-6373 - Denver, CO
Denver Real Estate - Selling One Home at a Time

George, I don't know if I have EVER shown a home in Denver metro that had a shared drive.    Will be more aware of this, would not have thought about it affecting the lending side of the transaction.

Nov 30, 2012 05:43 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

John if there is an HOA then there is usually no problem.  The problem is when the homes are not part of a HOA and the road is not a city or town road.  Even though Connecticut is a very small state, we still have a lot or rural areas, and that is were this issue comes up a number of times.

Joan shared driveways don't usually present a big issue, it is the private roads which several houses on them that tend to create an issue, and if they can not get agreement between the homeowners for a road maintenace agreement it can can the deal if it is a Fannie Mae backed loan.

Nov 30, 2012 05:53 AM
Joni Bailey
101 Main St. Realty - Huntsville, TX
Your Huntsville / Lake Livingston Area REALTOR®

You would think that my being in a town of 510 people and VERY rural, that I would have had this happen. 

NEVER.

Learn something new every day! Now I know!!

Nov 30, 2012 05:55 AM
Ginny Gorman
RI Real Estate Services ~ 401-529-7849~ RI Waterfront Real Estate - North Kingstown, RI
Homes for Sale in Southern RI and beyond

Excellent George! and i found out first hand when i bought my property...i'm the only one with a ROW over the property in front of me...when i had the former owner deed me an extra 3 feet it was put in by my lawyer that i was responsible for the road maintenance.  Now noone needs to sign off on anything but me- very shrewd of him to do that i think.  Interesting about FHA though

Nov 30, 2012 09:36 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Joni that is surprising.  Count your blessings :)

Ginny I have not heard of anyone doing that before, but it is a very smart idea :)

Dec 01, 2012 12:41 AM
Ann Hayden 636-399-7544
Berkshire Hathaway HomeServices Select Properties-St. Louis Missouri - Des Peres, MO
SelectAnn.com

George,

Interesting post.  I will keep this in mind.

Thank you!

Ann Hayden SelectAnn in Wildwood, MO

Dec 01, 2012 05:30 AM
George Souto
George Souto NMLS #65149 FHA, CHFA, VA Mortgages - Middletown, CT
Your Connecticut Mortgage Expert

Ann, you never know when the information will come in handy.

Dec 02, 2012 03:14 AM
Casi Mundy
Montross, VA

Only problem is that you can't force an adjacent land owner to sign a road maintenance agreement if their deed into them is already recorded and not subject to it! R.M.A.s  are good to have, but you can't always get everyone to agree on it, and in order for me to insure a r.m.a. is enforceable I have to get any lien holder to join in also. That means I have to check the title for each land owner who has to sign it and if they have a lender their lender has to sign it and agree to it also. They usually always come up at the last minute and delay closings.

Jun 02, 2014 08:10 AM