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Balloon Rider (Fannie Mae - Conditional Right To Refinance) Form. This is a New York form and can be use in Real Estate Statewide.
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Tags: Balloon Rider (Fannie Mae - Conditional Right To Refinance), 3180, New York Statewide, Real Estate
BALLOON RIDER
(CONDITIONAL RIGHT TO REFINANCE)
THIS BALLOON RIDER is made this ____ day of _______________, _____, and is incorporated into and
shall be deemed to amend and supplement the Mortgage, Deed of Trust, or Security Deed (the “Security
Instrument”) of the same date given by the undersigned (“Borrower”) to secure Borrower’s Note to
____________________________________ (“Lender”) of the same date and covering the property described in the
Security Instrument and located at:
_____________________________________________________________________________________________
[Property Address]
The interest rate stated on the Note is called the “Note Rate.” The date of the Note is called the “Note
Date.” I understand Lender may transfer the Note, Security Instrument, and this Rider. Lender or anyone who
takes the Note, the Security Instrument, and this Rider by transfer and who is entitled to receive payments under the
Note is called the “Note Holder.”
ADDITIONAL COVENANTS. In addition to the covenants and agreements in the Security Instrument,
Borrower and Lender further covenant and agree as follows (despite anything to the contrary contained in the
Security Instrument or the Note):
1.
CONDITIONAL RIGHT TO REFINANCE
At the Maturity Date of the Note and Security Instrument (the “Maturity Date”), I will be able to obtain a
new loan (“New Loan”) with a new Maturity Date of ____________________, ____, and with an interest rate equal
to the “New Note Rate” determined in accordance with Section 3 below if all the conditions provided in Section 2
and 5 below are met (the “Conditional Refinancing Option”). If those conditions are not met, I understand that the
Note Holder is under no obligation to refinance or modify the Note, or to extend the Maturity Date, and that I will
have to repay the Note from my own resources or find a lender willing to lend me the money to repay the Note.
2.
CONDITIONS TO OPTION
If I want to exercise the Conditional Refinancing Option at maturity, certain conditions must be met as of
the Maturity Date. These conditions are: (a) I must still be the owner of the property subject to the Security
Instrument (the “Property”); (b) I must be current in my monthly payments and cannot have been more than 30 days
late on any of the 12 scheduled monthly payments immediately preceding the Maturity Date; (c) the New Note Rate
cannot be more than five percentage points above the Note Rate; and (d) I must make a written request to the Note
Holder as provided in Section 5 below.
3.
CALCULATING THE NEW NOTE RATE
The New Note Rate will be a fixed rate of interest equal to Fannie Mae’s required net yield for 30-year
fixed-rate mortgages subject to a 60-day mandatory delivery commitment, plus one-half of one percentage point
(0.5%), rounded to the nearest one-eighth of one percentage point (0.125%) (the “New Note Rate”). The required
net yield shall be the applicable net yield in effect on the date and time of day that the Note Holder receives notice of
my election to exercise the Conditional Refinancing Option. If this required net yield is not available, the Note
Holder will determine the New Note Rate by using comparable information.
4.
CALCULATING THE NEW PAYMENT AMOUNT
Provided the New Note Rate as calculated in Section 3 above is not greater than five percentage points
above the Note Rate and all other conditions required in Section 2 above are satisfied, the Note Holder will
determine the amount of the monthly payment that will be sufficient to repay in full (a) the unpaid principal, plus (b)
accrued but unpaid interest, plus (c) all other sums I will owe under the Note and Security Instrument on the
Maturity Date (assuming my monthly payments then are current, as required under Section 2 above), over the term
MULTISTATE BALLOON RIDER—Single Family—Fannie Mae Uniform Instrument
Form 3180
1/01 (rev. 9/01)
(page 1 of 2)
American LegalNet, Inc.
www.FormsWorkflow.com
of the New Note at the New Note Rate in equal monthly payments. The result of this calculation will be the amount
of my new principal and interest payment every month until the New Note is fully paid.
5.
EXERCISING THE CONDITIONAL REFINANCING OPTION
The Note Holder will notify me at least 60 calendar days in advance of the Maturity Date and advise me of
the principal, accrued but unpaid interest, and all other sums I am expected to owe on the Maturity Date. The Note
Holder also will advise me that I may exercise the Conditional Refinancing Option if the conditions in Section 2
above are met. The Note Holder will provide my payment record information, together with the name, title, and
address of the person representing the Note Holder that I must notify in order to exercise the Conditional
Refinancing Option. If I meet the conditions of Section 2 above, I may exercise the Conditional Refinancing Option
by notifying the Note Holder no later than 45 calendar days prior to the Maturity Date. The Note Holder will
calculate the fixed New Note Rate based upon Fannie Mae’s applicable published required net yield in effect on the
date and time of day notification is received by the Note Holder and as calculated in Section 3 above. I will then
have 30 calendar days to provide the Note Holder with acceptable proof of my required ownership. Before the
Maturity Date, the Note Holder will advise me of the new interest rate (the New Note Rate), new monthly payment
amount, and a date, time, and place at which I must appear to sign any documents required to complete the required
refinancing. I understand the Note Holder will charge me a $250 processing fee and the costs associated with
updating the title insurance policy, if any.
BY SIGNING BELOW, Borrower accepts and agrees to the terms and covenants contained in this Balloon
Rider.
……………………………………….(Seal)
……………………………………………. (Seal)
Borrower
Borrower
……………………………………….(Seal)
[Sign Original Only]
Borrower
Form 3180
1/01 (rev. 9/01)
(page 2 of 2)
American LegalNet, Inc.
www.FormsWorkflow.com