What makes a project non-warrantable. Fannie Mae's Selling Guide is the clearest published example. These are its rules, not Align's terms:
- Commercial space above 35% of the project or its building. Rental apartments and hotels inside the project count as commercial. (B4-2.1-03)
- One owner holding more than 2 units in a project of 11 to 20 units (or 5 to 10 in a master association), or more than 20% of a project of 21 or more. (B4-2.1-03)
- Litigation naming the HOA or developer that relates to the project's safety, structural soundness, habitability or functional use. Some minor matters are allowed. (B4-2.1-03)
- Critical repairs, including water intrusion, a failed required structural inspection, or unfunded repairs over $10,000 per unit needed within 12 months. (B4-2.1-03)
- Hotel-style operation, such as rental pooling or limits on when owners may use their unit. (B4-2.1-03)
- Dues delinquency above 15% of units 60 or more days past due. (B4-2.2-01)
- Reserves below 10% of the budget, unless an acceptable reserve study supports the funding. (B4-2.2-01)
- New projects with fewer than 50% of units sold or under contract to owner-occupants or second home buyers. (B4-2.2-02)
What a lender reviews. The building is underwritten next to you: the condo questionnaire (Fannie Mae's version is Form 1076), budget, financial statements, reserves, master insurance, delinquencies, special assessments, litigation, the master deed and bylaws, and inspection reports.
Where a portfolio lender comes in. A lender that keeps the loan sets its own rules. One may accept commercial space above the agency limit and decline any pending lawsuit; another may do the reverse. Down payment, reserves and pricing vary by lender. On a consumer mortgage, the lender must still make a reasonable, good faith determination that you can repay.