Mortgage Buydown Agreement Template for United States

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Key Requirements PROMPT example:

Mortgage Buydown Agreement

"Need a Mortgage Buydown Agreement for a new construction property where the builder will contribute 2% of the purchase price to temporarily reduce the interest rate for the first two years, starting March 2025."

Document background
The Mortgage Buydown Agreement is employed when parties seek to temporarily reduce monthly mortgage payments through an upfront payment arrangement. This document is particularly relevant in high-interest-rate environments or when sellers/builders want to provide buyer incentives. The agreement specifies the buydown structure, funding sources, payment schedules, and compliance with U.S. federal and state mortgage regulations. It's essential for documenting the temporary nature of the rate reduction and ensuring all parties understand their obligations under the arrangement.
Suggested Sections

1. Parties: Identifies lender, borrower, and any other relevant parties to the mortgage buydown agreement

2. Background: Explains the purpose of the buydown agreement and related mortgage details

3. Definitions: Defines key terms used throughout the agreement including buydown period, interest rate adjustments, and payment calculations

4. Buydown Terms: Details of the temporary rate reduction and payment schedule including duration and rate steps

5. Funding Requirements: Specifies source and handling of buydown funds including deposit and disbursement procedures

6. Payment Structure: Outlines payment schedule during and after buydown period including calculation methods

7. Representations and Warranties: Standard assurances from all parties regarding their authority and compliance with laws

Optional Sections

1. Third-Party Contribution: Additional terms when builder/seller contributes to buydown funds

2. FHA/VA Specific Terms: Additional requirements and compliance terms for government-backed mortgages

3. Escrow Provisions: Terms for handling escrow funds when buydown amounts are held in escrow

Suggested Schedules

1. Schedule A - Payment Schedule: Detailed month-by-month payment schedule showing amounts during buydown period

2. Schedule B - Interest Rate Schedule: Schedule showing interest rate changes throughout buydown period

3. Appendix 1 - Calculation Methods: Detailed explanation of payment and interest calculation methodology

4. Appendix 2 - Required Disclosures: State and federal required disclosure documents for mortgage buydown agreements

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

Truth in Lending Act (TILA) and Regulation Z: Federal regulation that requires lenders to provide standardized disclosures about terms and costs associated with mortgage loans, including buydown arrangements

Real Estate Settlement Procedures Act (RESPA): Federal law governing real estate settlement processes, including disclosure requirements for settlement costs and prohibition of kickbacks

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending practices based on race, color, religion, national origin, sex, marital status, age, or public assistance program participation

Fair Housing Act: Federal law preventing discrimination in housing-related transactions, including mortgage lending

Dodd-Frank Wall Street Reform: Comprehensive financial reform law that includes provisions for mortgage lending practices and consumer protection

State Mortgage Lending Laws: State-specific regulations governing mortgage lending practices and requirements within the particular state's jurisdiction

State Consumer Protection Laws: State-specific laws designed to protect consumers in financial transactions, including mortgage agreements

State Real Estate Laws: State-specific regulations governing real estate transactions and property rights

CFPB Guidelines: Consumer Financial Protection Bureau requirements for mortgage lending practices and consumer protection

FHA Requirements: Federal Housing Administration specific guidelines for FHA-insured mortgages and associated buydown provisions

GSE Requirements: Fannie Mae and Freddie Mac specific requirements for conforming loans and acceptable buydown structures

VA Requirements: Department of Veterans Affairs specific guidelines for VA loans and associated buydown provisions

Disclosure Requirements: Mandatory disclosures regarding the buydown terms, payment schedules, and interest rate calculations

Payment Structure Documentation: Clear documentation of payment calculations, temporary rate reductions, and buydown funding sources

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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