Refinancing a home with a second mortgage and the resubordination step
You can refinance a first mortgage while keeping a second mortgage in place, but the second lender has to sign and record a resubordination agreement first. Budget the whole move up front: Freddie Mac puts refinance costs at 3% to 6% of loan principal, roughly $7,500 to $15,000 on a $250,000 loan, with the second lender’s subordination fee on top.

Fannie Mae’s rule is blunt: when subordinate financing stays in place through a first mortgage refinance, it “requires execution and recordation of a resubordination agreement,” unless state law already lets the lien keep its position. Skip that signature and lien priority takes over: paying off the old first promotes the second loan to first position, and no refinance lender will fund into second place.
Learn how refinancing a home with a second mortgage works, what resubordination is, and when combining both loans makes more sense. Still deciding whether to refinance at all? Start with our Refinancing and Home Equity guide.
Key takeaways:
- Resubordination is the make-or-break step: Fannie Mae requires a resubordination agreement to be executed and recorded whenever a second lien stays in place through a refinance, and second-lien servicers on Align Lending files typically take 1 to 4 weeks to issue one.
- Combining both loans can reclassify your refinance: Conventional rules let a limited cash-out refinance pay off only a subordinate lien that was used to buy the home, and once the file becomes a cash-out refinance the ceiling drops to 80% loan-to-value on a one-unit primary residence.
- Run the break-even before you order the appraisal: At Freddie Mac’s 3% to 6% of loan principal, a $250,000 refinance costs $7,500 to $15,000, so your monthly savings have to clear that number before either structure pays.
What happens to a second mortgage when you refinance?
Nothing automatic, and that is the problem. A refinance discharges your existing first mortgage and records a new one, and lien priority runs by recording order, so the moment the old first is released your second mortgage becomes the oldest surviving lien and moves up on its own. Your new lender won’t accept that, because position decides who gets paid first in a foreclosure. The American Land Title Association’s resources on title and lien position explain how priority is established and insured.
Two terms carry most of the weight here:
- Second mortgage: Any loan recorded behind your first against the same property, usually a home equity loan or a home equity line of credit (HELOC). A piggyback second, a down payment assistance lien and an FHA partial claim all sit in the same spot.
- Lien position: The order recorded claims get paid from sale proceeds. First gets paid first; everything else waits, which is why our guide to property liens matters more here than homeowners expect.
What is resubordination and why does it matter?
Resubordination is a recorded agreement in which your second-lien holder consents to remain in second position behind a new first mortgage, and on a conventional loan Fannie Mae requires it executed and recorded whenever a second lien stays in place. The one exception is jurisdictional: where state law lets the subordinate financing keep the position it held behind the prior first, resubordination isn’t required. Your title company will tell you which applies, and other timing wrinkles by scenario live in our refinance situations hub.
The request goes to whoever services the second loan today, often not the institution that originated it. That servicer reviews your new loan amount and terms, your credit and usually a current valuation, because subordinating means sitting behind a bigger loan than the one they underwrote originally. Most approve. The friction is timing, not policy: second-lien servicers on Align Lending files typically take 1 to 4 weeks from a complete request to a signed agreement, plus a processing fee that lands as its own line on your Closing Disclosure.
Three moves keep that clock off your closing date: call the servicer before you order the appraisal, send the request package complete the first time, and stop drawing on a HELOC mid-underwriting.
Should you combine both mortgages or resubordinate the second?
It depends almost entirely on the rate and remaining term of your second loan. Combining is worth paying for when the second carries a high or variable rate or a balloon coming due; resubordinating is worth the wait when the second is cheap money, since folding it into a new 30-year first re-amortizes that balance over three decades.
| Feature | Combine both into one new first mortgage | Refinance the first, resubordinate the second |
|---|---|---|
| Payments and rate | One payment at one blended rate; helps when the second is expensive or adjustable | Two payments; preserves the second’s existing rate and term, good and bad |
| How it’s classified | Often a cash-out refinance unless the second was purchase money | Limited cash-out or rate-and-term refinance |
| Equity ceiling | 80% LTV on a conventional or FHA cash-out, one-unit primary residence | Set by the first mortgage program’s CLTV and HCLTV limits |
| Third-party approval and timeline | None. You just need a payoff statement | Servicer must sign and record; typically 1 to 4 weeks |
| Closing costs | 3% to 6% of the larger combined principal | 3% to 6% of the first mortgage principal, plus the subordination fee |
| Best fit | High-rate, variable, or balloon second; you want one payment | Low fixed-rate second, or one that’s nearly paid off |
The rule that decides whether combining counts as a cash-out refinance
Conventional guidelines draw the line on what the second mortgage paid for, not how old it is. Fannie Mae allows a limited cash-out refinance to pay off a subordinate lien only where “all proceeds of the existing subordinate lien were used to fund part of the subject property purchase price,” documented with settlement statements or the original title policy, and caps cash back to the borrower at the greater of 1% of the new loan amount or $2,000.
So the test is simple. A piggyback second taken at closing to avoid mortgage insurance rolls in and the file stays a limited cash-out. A HELOC you opened three years later for a kitchen doesn’t, and rolling it in makes the whole thing a cash-out refinance, which stops at 80% loan-to-value on a one-unit primary residence and requires at least one borrower on title for six months before disbursement. The upside: a cash-out may pay off subordinate liens of any age, which is why it’s the vehicle for consolidating a non-purchase-money second.
On a real file: a $340,000 home in Waterford with a $210,000 first mortgage and a HELOC carrying a $75,000 line, $40,000 drawn for a remodel four years after purchase. Combining means a new $250,000 first, priced as a cash-out because the HELOC wasn’t purchase money, against a ceiling of 80% of $340,000, or $272,000. It fits.
How much equity do you need, and which ratio is the lender using?
Plan on keeping at least 20% of your home’s value unencumbered, because these files price off combined ratios, not the first mortgage alone. There are two, and they are not interchangeable.
- CLTV counts what you owe: Fannie Mae adds the original first mortgage amount, the drawn portion of a HELOC and the unpaid balance of all closed-end subordinate financing, then divides by value. On the Waterford file, $210,000 plus $40,000 drawn over $340,000 is 74%.
- HCLTV counts what you could owe: The home equity combined loan-to-value ratio uses “the full amount of any HELOCs (whether or not funds have been drawn).” Same file: $210,000 plus the entire $75,000 line over $340,000 is 84%. An undrawn line you’d half forgotten is the most common reason these files price worse than expected, as our explainer on loan-to-value ratio shows.
- Both mortgage payments count in your DTI: Your debt-to-income ratio is all monthly debt payments divided by gross monthly income, and the second mortgage sits in that stack. The CFPB’s explainer on how lenders count both mortgage payments in your DTI notes that different products and lenders set different limits. A flat 43% ceiling is a lender overlay: the CFPB removed the 43% limit from the General Qualified Mortgage definition and replaced it with price-based thresholds for applications received on or after October 1, 2022.
- Credit is priced, not just passed: Lenders in Align’s network generally want a 620 or better representative score here. If your report still shows damage, refinancing after bankruptcy lays out waiting periods by chapter and program, and refinancing after a loan modification covers modified loans, which are not refinances.
Can a higher appraisal fix a high combined ratio?
Sometimes, because both combined ratios divide by value. Fannie Mae’s HCLTV topic (Selling Guide B2-1.2-03) divides the first mortgage, the full HELOC line and any closed-end second by the lesser of the sales price or appraised value of the property, which makes the appraisal the number to watch on a refinance. The same topic says that in no case may the CLTV ratio exceed the HCLTV ratio.
Hypothetical example, not an offer. Take the Waterford file above: the $210,000 first plus the full $75,000 line is $285,000. Over a $340,000 value that is 84% HCLTV. An appraisal of $356,250 would bring it to exactly 80%, and one of $360,000 would bring it to 79%. A value that comes in short works the other way, which is why our guides to refinance appraisal requirements and refinancing with a low appraisal are worth reading before the appraiser visits.
Prices have moved, though not evenly. The FHFA House Price Index rose 2.1 percent nationally from the second quarter of 2025 to the second quarter of 2026 and 4.5 percent in the East North Central division, according to FHFA’s August 25, 2026 release. Balances on home equity lines have grown at the same time: the New York Fed reported on August 11, 2026 that HELOC balances rose by $13 billion in Q2 2026 to $459 billion, $142 billion above the low reached in Q1 2022, while mortgage balances fell by $74 billion to $13.1 trillion.
What can change on a HELOC while your refinance is in underwriting?
A home equity line is the one second lien whose limit and balance can move during the file, and four rules decide how much that matters.
- A larger line restarts the review: per the same Fannie Mae HCLTV topic, if new or increased subordinate financing is disclosed or discovered after the underwriting decision, up to and including closing, the lender must re-underwrite the loan. Asking the HELOC lender for a higher limit mid-file resets that work.
- The HELOC lender can freeze or cut the line: Regulation Z, at 12 CFR 1026.40(f)(3)(vi), lets a creditor stop new advances or lower the limit while the home’s value “declines significantly below the dwelling’s appraised value,” while it reasonably believes a material change in your finances will keep you from repaying, or while you are in default of a material obligation. If that happens, the CFPB’s HELOC booklet, last updated September 2026, suggests asking the lender for the reason, checking your credit reports for errors and talking with the lender about a new appraisal.
- The end of the draw period can force the decision: according to the same CFPB booklet, some plans require the entire balance at once when the draw period ends, a balloon payment you must be prepared to cover by refinancing with the lender, borrowing from another lender or some other means. A line close to that date is a reason to price the combined structure; our guide on how to refinance a balloon mortgage covers the timing.
- Closing the line may carry a fee: the CFPB booklet lists an early termination fee among the charges to compare across HELOC plans, so check your agreement for one before a combined refinance pays the line off and closes it.
What refinancing with a second mortgage costs
Freddie Mac tells refinancing homeowners to expect 3% to 6% of loan principal, covering recording costs, appraisal, credit report, origination, title services, survey, attorney and underwriting fees. On a $250,000 loan that’s $7,500 to $15,000. Three line items are specific to a second mortgage in the file: the servicer’s subordination fee, the recording fee for the agreement, and a title update confirming the lien landed where everyone agreed.
Then do the arithmetic that decides everything: divide total closing costs by monthly savings to get your break-even month. Roughly $9,000 in costs against $180 a month of savings is a 50-month break-even, a bad trade if you’re moving in three years and a good one if you’re staying ten.1 Compare on the standardized form, not on quoted rates: the CFPB’s walkthrough of comparing Loan Estimates and closing costs shows where each category sits, and our guide to mortgage closing costs decodes the lines. One timing quirk: on a refinance of your principal residence you generally get three business days to cancel after closing, and the loan doesn’t fund until that window shuts.
Hypothetical example, not an offer. Actual rates, costs and payments vary.
Deductibility is a separate question from packaging. IRS Publication 936 is direct: interest on home equity loans and lines of credit is deductible only if the funds were used to buy, build or substantially improve the home securing the loan, within a $750,000 home acquisition debt limit for debt incurred after December 15, 2017.2 Rolling a debt-consolidation HELOC into your first mortgage doesn’t change that.
Can you replace the second mortgage with a new one at the same closing?
Yes, and on a conventional loan that can keep the first mortgage in the limited cash-out category. Fannie Mae’s Selling Guide topic B2-1.3-02 (dated 10/08/2025) says that when a borrower obtains new subordinate financing along with a first mortgage refinance, Fannie Mae treats the transaction as a limited cash-out refinance as long as the first mortgage meets the limited cash-out eligibility criteria, and it notes that the borrower may take cash from the proceeds of the new subordinate mortgage.
That is a third structure beside the two in the table: refinance the first, pay off the old second at closing, and open a new home equity loan or HELOC that records behind the new first. With the old second paid off, there is no resubordination request to wait on, although the new second lender runs its own approval and the HCLTV math above applies to any new line. It fits a borrower whose current second has a high or adjustable rate but who still wants a line of credit available.
Before any cash comes out, Samantha Shelton starts with one question: “Why. That’s my first question. What are we using the money for?” Her view of equity is just as short: “Your house isn’t an ATM. Equity is valuable. So there should be a reason behind using it.” Our guides to the pros and cons of cash-out refinancing and using home equity wisely work through that reason.
Can paying off either loan trigger a prepayment penalty?
Which note matters depends on the structure. A combined refinance pays off both loans, so check both notes; a resubordination pays off only the first, so check only the first. For loans closed in the last three years, federal rule 12 CFR 1026.43(g) is the outer limit. A penalty is allowed only on a fixed-APR qualified mortgage that is not higher-priced, and it ends three years after closing, at no more than 2% of the amount prepaid in years one and two and 1% in year three. That rule covers closed-end home equity loans as well as firsts, so a fixed-rate second taken out recently can carry its own penalty. A HELOC is open-end credit and falls outside it, but check its early termination fee.
Government-backed loans are simpler. According to the Federal Reserve’s consumer guide to mortgage refinancings (last updated August 27, 2008), loans insured or guaranteed by the federal government generally cannot include a prepayment penalty, and if you are refinancing with the same lender you can ask whether a penalty can be waived. Michigan law sets a ceiling of its own on certain first-lien loans, covered in the Michigan recording section below.
How your loan program changes the answer
The subordination step looks the same no matter what you refinance into, but seasoning and equity ceilings differ by program.
Conventional loans
A conventional cash-out refinance caps at 80% loan-to-value on a one-unit primary residence and requires at least one borrower on title for six months before disbursement. That clock is ownership seasoning, not payment seasoning. Subordinate financing left in place also has to meet Fannie Mae’s own terms, including no balloon due less than five years after the new note date.
FHA loans
An FHA cash-out refinance also stops at 80% loan-to-value. HUD cut that maximum from 85% to 80% in Mortgagee Letter 2019-11, for case numbers assigned on or after September 1, 2019, and requires 12 months of ownership and occupancy as your principal residence.3 The Streamline Refinance is a different animal: 210 days from the prior closing plus six payments, cash back capped at $500, so it isn’t the route for folding a second in. See the pros and cons of refinancing an FHA loan.
VA loans
VA sets no loan-to-value cap on a cash-out refinance. Federal regulation limits the loan amount to 100% of the property’s reasonable value, so any 90% ceiling you get quoted is a lender overlay, not a VA program rule.4 On the Interest Rate Reduction Refinance Loan, federal law sets seasoning at 210 days after the due date of the first monthly payment on the loan being refinanced, plus six consecutive monthly payments, whichever is satisfied later.
What Michigan homeowners should know
Michigan’s version usually involves down payment assistance, where the answer differs from a private second mortgage.
- MSHDA assistance generally comes due on a refinance: The Michigan State Housing Development Authority’s MI 10K DPA Loan provides up to $10,000 as a 0% non-amortizing second with no monthly payment, deferred until you pay off the first mortgage, sell or refinance the home, or stop occupying it. Read that list carefully: a refinance is a triggering event, so plan on a payoff rather than a subordination and request the figure early.
- Recording the subordination is a flat $30: A Michigan register of deeds charges $30 per document regardless of page count, so the recorded agreement is a $30 county line on your Closing Disclosure. The servicer’s processing fee is separate and larger.
- The note governs, not the program name: Michigan assistance has been structured several ways over the years, forgivable and not, and your obligation follows the note you signed. Your title company surfaces it, along with contractor liens and old second mortgages paid but never released.
How do Michigan recording and discharge laws affect a second mortgage refinance?
Michigan’s recording act is what gives a resubordination agreement its force. MCL 565.29 makes an unrecorded conveyance of Michigan real estate void against a later good-faith purchaser for value whose conveyance is first duly recorded, and MCL 565.35 defines a conveyance to include any written instrument by which an interest in real estate is mortgaged or assigned. That is why the title company records the agreement with the county instead of only collecting signatures, and why it checks the county records again after closing; our guide to choosing a title company explains that work.
- A paid-off second has to be discharged on the record: MCL 565.41 requires the mortgagee, after a mortgage is paid or otherwise satisfied, to prepare a discharge and file it with the register of deeds for the county where the property is located. Under MCL 565.44, a mortgagee that refuses or neglects to discharge within the statute’s time period, after full payment and a request with reasonable charges paid, is liable to the borrower for $1,000.00 in damages plus actual damages. When a combined refinance pays off your second, ask the title company to confirm that discharge records.
- County fees follow the statute: Oakland County’s Register of Deeds fee schedule, effective October 1, 2016, lists a $30.00 recording fee that includes the $4.00 state survey and remonumentation fee, plus a $3 charge for each additional liber and page referenced on a discharge or assignment.
- A state cap on some prepayment penalties: MCL 438.31c bars a prepayment fee above 1% of any amount prepaid within 3 years, and any prepayment fee after that, on the first-lien loans on a single-family dwelling that the section covers; it does not apply to loans insured or guaranteed by the federal government. Your note and the payoff statement show whether a fee applies to your old first.
How Align handles a hard refinance
Low equity, a credit setback or an unusual property can make a refinance look impossible at one lender and workable at another. Lenders add their own rules on top of the program's.
Samantha takes your file to the wholesale lender whose rules fit it, and if waiting is the better move, she tells you that instead.
Already have an offer from your current servicer or one of the big national lenders you see advertised? Bring us the Loan Estimate. We will compare it line by line and show you what each line costs and which ones to ask the other lender about.
FAQ: Refinancing with a second mortgage
Here are answers to common questions about refinancing a home with a second mortgage.
What is resubordination on a mortgage refinance?
Resubordination is a written agreement in which your second mortgage or HELOC lender consents to remain in second lien position behind your new first mortgage. Without it, paying off the original first mortgage would automatically promote the second loan to first position, and no refinance lender will accept second place. Most second lenders approve routinely, charge a fee, and take one to four weeks. Our guide to home equity loans explains how these liens are structured.
What happens if the second lender refuses to resubordinate?
Your realistic options narrow to three: pay off the second mortgage at closing with your own funds, roll it into the refinance as a combined first mortgage, or cancel the refinance. Refusals most often come when combined loan-to-value is high or the borrower’s credit has weakened since the second was written. Ask about the policy before you order an appraisal, and see our refinance situations hub for how each fallback plays out.
Should I combine my first and second mortgage when refinancing?
It depends on the rate on your second loan. Combining simplifies to one payment and can lower your blended rate when the second carries a high or variable rate. Keeping them separate makes more sense when your second mortgage has a low fixed rate or a nearly complete term, since folding that balance into a new 30-year loan would stretch it out again.
How much equity do I need to refinance with a second mortgage?
Generally at least 20% combined. Lenders add your new first mortgage and your remaining second mortgage together, then divide by the appraised value to get combined loan-to-value, and most want that at 80% or below. Second-lien holders also want enough equity cushion to protect their position, which is exactly why they scrutinize resubordination requests. If your second is a line of credit, check our HELOC guide, because the full credit line can count against you even undrawn.
How are the three business days to cancel a refinance counted?
Day one is the first business day after the last of three events: signing the note, receiving the Truth in Lending disclosure and receiving two copies of the notice of your right to rescind, according to the CFPB. Saturdays count as business days; Sundays and legal public holidays do not. If the required disclosures or notice were missing or wrong, the CFPB says you may be able to rescind for up to three years after closing.
How old does my first mortgage have to be for a cash-out refinance?
On a conventional cash-out, Fannie Mae Selling Guide B2-1.3-03 (dated 12/10/2025) requires an existing first mortgage that is being paid off to be at least 12 months old at the time of the refinance. That clock runs on the note itself, separately from the title rule, so a recent purchase or refinance can delay a combined loan. Our cash-out refinance guide covers the other conditions.
Can I use a VA IRRRL if I have a second mortgage?
Only if you keep the second. An IRRRL refinances your existing VA loan, so it cannot pay off a second mortgage; that takes a VA cash-out or conventional combined refinance. Keeping it means a resubordination: VA’s IRRRL page (last updated January 7, 2026) says the second mortgage holder must agree to make your new VA-backed loan the first mortgage. The IRRRL funding fee is 0.5% per VA’s funding fee page (last updated October 5, 2026) unless you are exempt.
Can I refinance just my second mortgage and leave the first alone?
Yes. Replacing only the second with a new home equity loan or HELOC leaves your first mortgage untouched, so your first lender is not part of the transaction and no resubordination is needed; the new loan records behind your first. Compare offers on up-front charges, closing costs, annual and transaction fees and any early termination fee, the lines the CFPB HELOC booklet lists for comparing plans. Our home equity loan tips cover the application.
Is interest still deductible after I combine my first and second mortgage?
Partly, depending on the old balance and how the money was used. IRS Publication 936 (2025) says a refinanced mortgage counts as home acquisition debt only up to the balance of the old mortgage principal; any amount above that counts only if it went to buy, build or substantially improve the home. This is general information, not tax advice; our guide to mortgage interest deductions goes further.
The bottom line on refinancing with a second mortgage
Refinancing a home with a second mortgage is one choice with one gatekeeper. Either you combine both loans into a new first mortgage, which conventional rules treat as a cash-out refinance capped at 80% loan-to-value unless the second was purchase money, or you refinance the first alone and get your second lender to sign and record a resubordination agreement, which Fannie Mae requires whenever the second lien stays in place. Either way, Freddie Mac’s 3% to 6% of loan principal is the number you’re clearing.
If you’re ready to see which structure prices better on your file, talk to Align Lending. We’ll shop your scenario across our lender network and price both side by side. Call 248-506-5727 or start online.
Footnotes:
1. Example figures in this article are hypothetical and for educational purposes only; they do not constitute an advertisement of credit terms or a rate quote under federal or state lending laws. Your loan amount, rate, costs and monthly savings will depend on your application, your property, your lender and market conditions, and will be itemized on your Loan Estimate and Closing Disclosure. Return to text.
2. This is general information, not tax advice. Deductibility depends on your individual circumstances, on how the loan proceeds were used, and on whether you itemize. Consult a qualified tax professional about your situation. Return to text.
3. Align Lending is not acting on behalf of or at the direction of FHA or HUD. FHA cash-out loan-to-value, occupancy and Streamline Refinance requirements are set by HUD in Single Family Housing Policy Handbook 4000.1 as amended by mortgagee letter, and are subject to change. Return to text.
4. Align Lending works with VA-approved lenders and is not endorsed or sponsored by the Department of Veterans Affairs or any government agency. VA loan-to-value and seasoning requirements are set by VA and by federal statute; individual lenders may apply stricter overlays. Return to text.
Figures current as of August 2026; verify with the linked source before relying on them. Sources: refinancing costs of 3% to 6% of loan principal and the list of included fees, Freddie Mac (My Home by Freddie Mac, “Understanding the costs of refinancing”). Requirement that a resubordination agreement be executed and recorded when subordinate financing is left in place on a first mortgage refinance, the exception where state law preserves the prior lien position, the requirement that subordinate liens be evidenced by a note and recorded in a position clearly subordinate to the first mortgage, and the general unacceptability of a balloon payment due less than five years after the first mortgage note date, Fannie Mae Selling Guide B2-1.2-04. Limited cash-out refinance permission to pay off only a subordinate lien where all proceeds were used to fund part of the subject property purchase price, the related documentation requirement, and cash back limited to the greater of 1% of the new refinance loan amount or $2,000, Fannie Mae Selling Guide B2-1.3-02. Cash-out refinance requirement that at least one borrower have been on title at least six months prior to the disbursement date, and permission to pay off outstanding subordinate mortgage liens of any age, Fannie Mae Selling Guide B2-1.3-03. Combined loan-to-value calculated from the original first mortgage amount, the drawn portion of a HELOC, and the unpaid principal balance of all closed-end subordinate financing, Fannie Mae Selling Guide B2-1.2-02; home equity combined loan-to-value calculated using the full amount of any HELOCs whether or not funds have been drawn, Fannie Mae Selling Guide B2-1.2-03. Maximum 80% loan-to-value on a conventional cash-out refinance of a one-unit principal residence, Fannie Mae Eligibility Matrix. Debt-to-income ratio defined as all monthly debt payments divided by gross monthly income, and the note that different loan products and lenders set different DTI limits, Consumer Financial Protection Bureau. Removal of the 43% debt-to-income limit from the General Qualified Mortgage definition and its replacement with price-based thresholds, mandatory for applications received on or after October 1, 2022, Consumer Financial Protection Bureau; 12 CFR § 1026.43(e)(2). Three-business-day right of rescission on loans not used to purchase a home, including refinances and home equity lines of credit, Consumer Financial Protection Bureau; 12 CFR § 1026.23. FHA cash-out maximum loan-to-value reduced from 85% to 80% for case numbers assigned on or after September 1, 2019, HUD Mortgagee Letter 2019-11; FHA cash-out 12-month ownership and occupancy requirement, FHA Streamline seasoning of 210 days from the prior closing plus six payments, and the $500 cash-back limit on a streamline, U.S. Department of Housing and Urban Development, Single Family Housing Policy Handbook 4000.1. VA cash-out refinance loan amount not to exceed 100 percent of the reasonable value of the property, 38 CFR § 36.4306. IRRRL seasoning of at least 210 days after the due date of the first monthly payment on the loan being refinanced and at least six consecutive monthly payments, 38 U.S.C. § 3709. Deductibility of home equity loan and line of credit interest only where the funds are used to buy, build, or substantially improve the home securing the loan, and the $750,000 ($375,000 married filing separately) home acquisition debt limit for debt incurred after December 15, 2017, IRS Publication 936. MI 10K DPA Loan of up to $10,000 as a 0% non-amortizing second mortgage with no monthly payment, repayment deferred until payoff of the first mortgage, sale or refinance of the home, or the home ceasing to be owner-occupied, Michigan State Housing Development Authority. Michigan register of deeds recording fee of $30 per document, MCL 600.2567. Subordination turn times of 1 to 4 weeks, second-lien servicer processing fees, and the 620 representative credit score threshold cited as a lender expectation, Align Lending broker network data. Current average mortgage rates are published weekly in Freddie Mac’s Primary Mortgage Market Survey; no rates are quoted here.
This article is for informational purposes only and is not intended to provide legal, financial, or tax advice. Program rules, loan-to-value limits, seasoning requirements, fees and subordination policies change and vary by lender, servicer, property and loan program; confirm your figures with your Loan Estimate and Closing Disclosure and consult a qualified professional about your situation. Figures shown are illustrative, are not a rate quote or an offer of credit, and are subject to change. Align Lending is an independent Michigan mortgage broker, NMLS #2041154.
Sources
Every outside source this guide links to, in the order it appears. How we choose and check sources
- Fannie Mae’s rule is bluntFannie Mae Selling Guide
- American Land Title Association’s resources on title and lien positionAmerican Land Title Association
- Fannie Mae allows a limited cash-out refinanceFannie Mae Selling Guide
- A cash-out may pay off subordinate liens of any ageFannie Mae Selling Guide
- How lenders count both mortgage payments in your DTIConsumer Financial Protection Bureau
- The CFPB removed the 43% limit from the General Qualified Mortgage definitiongovinfo.gov
- Fannie Mae’s HCLTV topic (Selling Guide B2-1.2-03)Fannie Mae Selling Guide
- FHFA’s August 25, 2026 releaseFederal Housing Finance Agency
- New York Fed reported on August 11, 2026Federal Reserve Bank of New York
- 12 CFR 1026.40(f)(3)(vi)law.cornell.edu
- CFPB’s HELOC booklet, last updated September 2026Consumer Financial Protection Bureau
- Freddie Mac tells refinancing homeowners to expectFreddie Mac
- Comparing Loan Estimates and closing costsConsumer Financial Protection Bureau
- You generally get three business days to cancelConsumer Financial Protection Bureau
- IRS Publication 936 is directInternal Revenue Service
- 12 CFR 1026.43(g)law.cornell.edu
- Federal Reserve’s consumer guide to mortgage refinancingsFederal Reserve Board
- HUD cut that maximum from 85% to 80% in Mortgagee Letter 2019-11U.S. Department of Housing and Urban Development
- Federal regulation limits the loan amountlaw.cornell.edu
- Federal law sets seasoninglaw.cornell.edu
- MI 10K DPA Loan provides up to $10,000State of Michigan
- A Michigan register of deeds charges $30 per documentMichigan Legislature
- MCL 565.29Michigan Legislature
- MCL 565.35Michigan Legislature
- MCL 565.41Michigan Legislature
- MCL 565.44Michigan Legislature
- Oakland County’s Register of Deeds fee scheduleoaklandcountymi.gov
- MCL 438.31cMichigan Legislature
- According to the CFPBConsumer Financial Protection Bureau
- VA’s IRRRL pageU.S. Department of Veterans Affairs
- VA’s funding fee pageU.S. Department of Veterans Affairs


