November 17, 2022

PPDocs Working on New IRS Form 4506-C; Details Forthcoming, New FNMA/FHLMC Uniform Instruments, PPDocs End-of-Year Holiday Schedule and more!

Read more below!

November 17, 2022

PPDocs Working on New IRS Form 4506-C; Details Forthcoming

On November 1, 2022, the IRS announced their final published version of Form 4506-C. Both the current and new versions of the Form 4506-C will be accepted through February 28, 2023. Effective March 1, 2023, the newly published Form 4506-C will be the only form IVES Participants can use. We are working on the new forms and will have further details later.

The new Form 4506-C cannot be edited. IVES Participants will need to ensure their customers fill out the form as they intend it to be processed. Lines 5 through 8 must be complete before the taxpayer signs. The exceptions to this are:

  • Line 5aii, IVES participant ID number
  • Line 5aiii, SOR Mailbox ID
  • Line 5b, Customer File Number
  • Line 5c Unique Identifier (if included)

Major changes to the form include:

  1. Signatures are required for any taxpayer listed. Only list a spouse if their own transcripts will be requested and they will be signing the request. Forms with missing signatures will be rejected.
  2. IVES Participant information for Lines 5a now includes the IVES Participant ID number. All IVES Participant information is required, and the form will be rejected if missing.
  3. The Unique Identifier has been added to the form. This is an optional field with specific criteria. See the instructions for more information.
  4. Client information for Lines 5d is required. IVES Participants that collect transcripts for their own use will list their company information here. IVES Participants that collect transcripts for another company’s use (the client model), will list the customer company information here. Forms with missing Client information will be rejected.
  5. Line 6, “Transcript requested,” is only for ordering tax return transcripts and should only list the tax form number that was filed. Forms with multiple tax forms listed will be rejected.
  6. Line 7, “Wage and Income transcripts,” only require the checkbox to be marked and all forms will be provided for all listed taxpayers. This request can be limited to specific form types and taxpayers by filling in line 7a for up to three forms and marking the appropriate check box in line 7b.
    1. Any entries in Line 7a such as NA or Not Applicable, will be read as an entry by the OCR software. If you wish to receive all forms, leave this section blank.
    2. Wage and Income transcripts are charged based off the form type and number of taxpayers per year requested. Listing three Wage and Income forms on line 7a and listing two taxpayers will incur six charges per year requested.
  7. Taxpayers listed on Line 1a and 2a are required to complete their assigned signature section. Forms with missing signatures or required signature information will be rejected.
  8. Authorized Representatives signing for the taxpayer(s) listed on Line 1a and/or 2a are required to check the “Form 4506-C was signed by an Authorized Representative” box. See instructions for more information on an Authorized Representative. Forms signed by an Authorized Representative without this box marked will be rejected.
  9. Taxpayers that sign electronically are required to check the “Signatory confirms document was electronically signed” box. Forms signed with an electronic signature without this box marked will be rejected.

New FNMA/FHLMC Uniform Instruments

In July 2021, Fannie Mae (FNMA) and Freddie Mac (FHLMC) published a complete library of updated uniform instruments, including both multistate and state-specific notes, security instruments, riders & addenda, and special purpose documents. PPDocs has previously addressed the new uniform instruments in our monthly newsletter. Links to the updated Fannie Mae Legal Documents homepage and Uniform Instruments Update Fact Sheet are included below for your information.

Fannie Mae and Freddie Mac began accepting the new uniform instruments immediately in July 2021 but required that they be used for loans with a note date on or after January 1, 2023. In addition, the new uniform instruments cannot be used in combination with any earlier versions. For example, a security instrument with a July 2021 footer must be used with a note that also has a July 2021 footer.

PPDocs has created the entire library of new FNMA/FHLMC Uniform Instruments, including all new notes, security instruments, riders & addenda, and special purpose documents. To facilitate a smooth transition from the old versions of the uniform instruments to the (soon to be) required new versions, PPDocs will begin filtering the new versions into all applicable loans we document beginning on December 1, 2022.

The information PPDocs has reviewed from various secondary market investors indicates the new uniform instruments are being accepted by investors today, and that the December 1, 2022, date we have selected for our transition will not impact our clients. However, PPDocs does not receive all updates from every secondary market investor. We ask that clients who have information about an investor who WILL NOT accept the new versions of the uniform instruments prior to the January 1, 2023, mandatory date please communicate that information to PPDocs as soon as possible.

We greatly appreciate your continued business. Please feel free to contact PPDocs with any questions you may have about this announcement.

FNMA Legal Documents (New) Homepage: https://singlefamily.fanniemae.com/fannie-mae-legal-documents

FNMA Uniform Instruments Update Fact Sheet: https://singlefamily.fanniemae.com/media/27911/display

PPDocs End-of-Year Holiday Schedule

As a reminder, PPDocs offices will be closed on Thanksgiving Day, Thursday, November 24, 2022.

In observation of the upcoming Christmas and New Year’s holidays, our office will close at 12:00 on December 26, 2022, and January 2, 2023.

Frequently Asked Question

Question: I did a redraw to correct the names for the loan officer and title. The periods to first rate change should be 60; however, your system will not let me pass the audit below unless I use 61 months. Can you help me get past this audit? Thanks.

Answer:When the first change date is within 60 months of the first payment due date, the maximum rate at the first change date is used to calculate the APR for QM purposes. In order to avoid this issue, the initial rate period before the first rate change can be extended to at least 61 months or a lower interest rate cap can be used on the first index change date. . . If there is an investor involved, such changes may not be acceptable.

Under § 1026.43(e)(2)(vi):

(vi) For which the annual percentage rate does not exceed the average prime offer rate for a comparable transaction as of the date the interest rate is set by the amounts specified in paragraphs (e)(2)(vi)(A) through (F) of this section. The amounts specified here shall be adjusted annually on January 1 by the annual percentage change in the Consumer Price Index for All Urban Consumers (CPI-U) that was reported on the preceding June 1. For purposes of this paragraph (e)(2)(vi), the creditor must determine the annual percentage rate for a loan for which the interest rate may or will change within the first five years after the date on which the first regular periodic payment will be due by treating the maximum interest rate that may apply during that five-year period as the interest rate for the full term of the loan. See the official commentary to this paragraph (e)(2)(vi) for the current dollar amounts(A) For a first-lien covered transaction with a loan amount greater than or equal to $110,260 (indexed for inflation), 2.25 or more percentage points;

(B) For a first-lien covered transaction with a loan amount greater than or equal to $66,156 (indexed for inflation) but less than $110,260 (indexed for inflation), 3.5 or more percentage points;

(C) For a first-lien covered transaction with a loan amount less than $66,156 (indexed for inflation), 6.5 or more percentage points;

(D) For a first-lien covered transaction secured by a manufactured home with a loan amount less than $110,260 (indexed for inflation), 6.5 or more percentage points;

(E) For a subordinate-lien covered transaction with a loan amount greater than or equal to $66,156 (indexed for inflation), 3.5 or more percentage points;

(F) For a subordinate-lien covered transaction with a loan amount less than $66,156 (indexed for inflation), 6.5 or more percentage points.

And from the commentary:

4. Determining the annual percentage rate for certain loans for which the interest rate may or will change.
i. In general. The commentary to § 1026.17(c)(1) and other provisions in subpart C address how to determine the annual percentage rate disclosures for closed-end credit transactions. Provisions in § 1026.32(a)(3) address how to determine the annual percentage rate to determine coverage under § 1026.32(a)(1)(i). Section 1026.43(e)(2)(vi) requires, for the purposes of § 1026.43(e)(2)(vi), a different determination of the annual percentage rate for a qualified mortgage under § 1026.43(e)(2) for which the interest rate may or will change within the first five years after the date on which the first regular periodic payment will be due. An identical special rule for determining the annual percentage rate for such a loan also applies for purposes of § 1026.43(b)(4).
ii. Loans for which the interest rate may or will change. Section 1026.43(e)(2)(vi) includes a special rule for determining the annual percentage rate for a loan for which the interest rate may or will change within the first five years after the date on which the first regular periodic payment will be due. This rule applies to adjustable-rate mortgages that have a fixed rate period of five years or less and to step-rate mortgages for which the interest rate changes within that five-year period.
iii. Maximum interest rate during the first five years. For a loan for which the interest rate may or will change within the first five years after the date on which the first regular periodic payment will be due, a creditor must treat the maximum interest rate that could apply at any time during that five-year period as the interest rate for the full term of the loan to determine the annual percentage rate for purposes of § 1026.43(e)(2)(vi), regardless of whether the maximum interest rate is reached at the first or subsequent adjustment during the five-year period. For additional instruction on how to determine the maximum interest rate during the first five years after the date on which the first regular periodic payment will be due, see comments 43(e)(2)(iv)-3 and -4.
iv. Treatment of the maximum interest rate in determining the annual percentage rate. For a loan for which the interest rate may or will change within the first five years after the date on which the first regular periodic payment will be due, the creditor must determine the annual percentage rate for purposes of § 1026.43(e)(2)(vi) by treating the maximum interest rate that may apply within the first five years as the interest rate for the full term of the loan. For example, assume an adjustable-rate mortgage with a loan term of 30 years and an initial discounted rate of 5.0 percent that is fixed for the first three years. Assume that the maximum interest rate during the first five years after the date on which the first regular periodic payment will be due is 7.0 percent. Pursuant to § 1026.43(e)(2)(vi), the creditor must determine the annual percentage rate based on an interest rate of 7.0 percent applied for the full 30-year loan term.