Only 10 Reasons a Lender Needs Tax Returns for a Fannie Mae Mortgage

By
Mortgage and Lending with iLoan - NMLS ID#4474 NMLS 79048

Giving a pound of flesh in income and asset documentation has become the norm but it’s likely that unjustified lender paranoia has led them to ask for a bit too much of their clients.  My recent rant on this issue concerned verifying large, non-payroll deposits but now my rage has turned to the simple request of tax returns.  I’m not talking about FHA loans, VA loans, RD loans or Freddie Mac loans (although if you’re curious about Freddie, see attached), because if you’re looking for one of these, you’re going to be asked for a lot of paperwork.  I’m just talking about your plain Jane Fannie Mae loan.  If you’re looking for one of these loans, and I can see why you would, don’t let yourself unjustly be put through the Spanish Inquisition.

A little background. . . Everyone will be asked to sign an IRS 4506t form, with which lenders can authenticate supporting loan documentation and use for quality control.  So no matter what, your lender will have authentic data from the IRS pertaining to what your income was.  After this, collecting the paperwork may seem extraneous but two years of tax returns are needed, by Fannie Mae guidelines, in the following 10 instances where the loan applicant. . . :

  • earns 25% or more of his or her income from commissions;
  • is employed by family members;
  • is employed by interested parties to the property sale or purchase;
  • receives rental income from an investment property (only one year of tax returns is required unless the applicant meets one or more of the other conditions in this list);
  • receives income from temporary or periodic employment (or unemployment) or employment that is subject to time limits, such as a contract employee or a tradesman;
  • receives income from capital gains, royalties, real estate, or other miscellaneous non-employment earnings reported on IRS Form 1099;
  • receives income that cannot otherwise be verified by an independent and knowledgeable source;
  • uses foreign income to qualify;
  • uses interest and dividend income to qualify; or
  • receives income from sole proprietorships, limited liability companies, partnerships, or corporations, or any other type of business structure in which the borrower has a 25% or greater ownership interest (10% for Freddie Mac). Borrowers with a 25% or greater ownership interest are considered self-employed. The lender must document and underwrite the loan application using the requirements for self-employed borrowers
Source: 2013 Selling Guide, Part B, Origination Through Closing, Subpart B3, Underwriting Borrowers, Chapter, B3-3, Income Assessment, Section B3-3.1, Employment and Other Sources of Income, B3-3.1-01, General Income Information (06/26/2012)

Too many times, an underwriter who also underwrites VA, FHA and RD loans will cross disciplines or blur the lines of underwriting between loan types and end up underwriting a Fannie Mae backed loan as though it were a different type of loan.  So does this fit you?  If it doesn't, and you’re being asked for tax returns on a Fannie Mae backed loan, you’re being unjustly put through the ringer on income documentation.

Posted by

Charles Dailey - Branch Manager, Loan Officer, Certified Military Housing Specialist - iLoan - NMLS ID# 79048 -  612.234.7283 - charles@charlesdailey.com


Search Real Estate

The Home Buyers Scouting Report® is provided directly to the buyer by HBM II, a licensed national real estate brokerage service company, not to or through a lender. The FREE home finding service is provided directly to prospective homebuyers by HBM II and its real estate brokers, as part of their ordinary real estate brokerage services. HBM II, Inc. works cooperatively with other real estate agents across the United States in attempting to find ready, willing and able buyers for homes listed for sale. The role of the Preferred Loan Officer is to assist in determining a comfortable home price range for Home Buyers Marketing II, Inc. (HBM II) to use when it is searching for property listings within the buyer's search criteria.

Comments (16)

Kathy Stoltman
Balboa Real Estate - Ventura, CA
Ventura County Real Estate Consultant 805-746-1793

Thanks for this explanation  Charles, I did not know this.

May 03, 2013 04:00 AM
Steven Brand
Hancock Mtg Partners - Stillwater, MN
NMLS# 261849

It'd be great if we could get all of our underwriters to catch on and remember to not "over-underwrite" eh?

May 03, 2013 04:34 AM
Joseph Metzler
Cambria Mortgage - Saint Paul, MN
Sr Loan Officer

I taught you well...   :)

 

May 03, 2013 08:20 AM
Lenn Harley
Lenn Harley, Homefinders.com, MD & VA Homes and Real Estate - Leesburg, VA
Real Estate Broker - Virginia & Maryland

Why do we agents include some paperwork in our offers even though we know it's worthless to the loan??  Saves time. 

Many brokers have policies that require documents be included that are not necessary, like a lead based paint disclosure for a house constructed after 1978.  Another one is the Megan's Law Notice.  Not required but if you don't include it and someone asks for it, you've got to get another round of signatures from the buyer.

Oh well.  You're right though.  The underwriter shouldn't ask for any more from a borrower than necessary.  Nor should agents ask for more of buyers than necessary.

May 03, 2013 08:23 AM
Chuck Mixon
The Keyes Company - Cutler Bay, FL
Cutler Bay Specialist, GRI, CDPE, BPOR

It nice to have all you doc's sign in advance so that you don't have to go the next round ( and hope that no one has gtten cold feet and want out). I feel that current market is changing daily in the mortgage arena, and if I try and pre-guess the doc's I wrong 90% of the time so I tend to wait now.

May 03, 2013 08:48 AM
Matt Brady
Finance Of America - Del Mar, CA
One of San Diego's Best Lenders

The reasons you listed are exactly why we collect tax returns, to determine if any of those conditions exist. And of course see if they claim 2106 expenses.

May 03, 2013 09:27 AM
Joan Whitebook
BHG The Masiello Group - Nashua, NH
Consumer Focused Real Estate Services

Folks are having to scriface a lot of privacy these day.  I am hoping that things return to Reasonableness in the near future.

May 03, 2013 12:25 PM
Richard Weisser
Richard Weisser Realty - Newnan, GA
Richard Weisser Retired Real Estate Professional

Actually in the situations listed, the tax returns are probably the only true barometer of the applicants income. Good post.

May 03, 2013 12:27 PM
John Juarez
The Medford Real Estate Team - Fremont, CA
ePRO, SRES, GRI, PMN

Charles,

 

Like a dog chasing its tail, some of the reasons that the lender demands tax returns are not revealed until the tax returns are reviewed. In other words, tax returns are demanded in order to find out if they will make a difference.

 

For instance, we had a client who was qualified for a mortgage based on his pay stubs and W-2s. When the lender examined his tax returns it turned out that he wrote of his legitimate business expenses for a band in which he played on the side. That reduction in his taxable income reduced his income tax liability.

 

It also lowered his qualifying income for his mortgage!

 

Our lender got his approved but it was a major struggle.

May 03, 2013 01:21 PM
Sharon Parisi
United Real Estate Dallas - Dallas, TX
Dallas Homes

Charles, thanks for putting together this valuable list for buyers.

May 03, 2013 03:37 PM
Praful Thakkar
LAER Realty Partners - Andover, MA
Andover, MA: Andover Luxury Homes For Sale

Charles, very informative post and will be helpful to me - sometimes my buyers have some questions on this and knowledge certainly helps.

May 03, 2013 03:52 PM
Christine Donovan
Donovan Blatt Realty - Costa Mesa, CA
Broker/Attorney 714-319-9751 DRE01267479 - Costa M

Charles - It seems that two years for tax returns is jus the norm in things requested.

May 03, 2013 04:50 PM
Pat Mistretta
PalmerHouse Properties & Associates - Atlanta, GA
Atlanta Lofts and City Living

Charles - This information is very thorough and informative.  It's a great breakdown.  Thanks for sharing.

May 03, 2013 07:30 PM
Wallace S. Gibson, CPM
Gibson Management Group, Ltd. - Charlottesville, VA
LandlordWhisperer

Going through a home REfi - I am so pleased that my CPA has a "portal" for me to download tax information via pdf and submit with our application

May 03, 2013 09:08 PM
Gita Bantwal
RE/MAX Centre Realtors - Warwick, PA
REALTOR,ABR,CRS,SRES,GRI - Bucks County & Philadel

I will bookmark this post and share with others.

May 03, 2013 09:21 PM
Lisa Friedman
Great American Dream Realty - Essex, VT
30 Years of Real Estate Experience!

Jeff, this is a very well thought out and informative post. I am sure that buyers will find this information very helpful.  Terrific job

May 04, 2013 12:26 AM

What's the reason you're reporting this blog entry?

Are you sure you want to report this blog entry as spam?