The note is the real loan. Fannie Mae requires that "the mortgage instruments must reflect the permanent payment terms rather than the terms of the buydown plan." The buydown lives in a separate written agreement between whoever provides the funds and the borrower, and the money sits in a custodial account that must be fully funded before Fannie Mae buys the loan. The borrower's "only interest in buydown funds is to have them applied toward payments as they come due under the note." If the funds are ever unavailable, the agreement must say the borrower is "not relieved of the obligation to make the mortgage payments required by the terms of the mortgage note."
Qualifying at the full rate. "When underwriting loans that have a temporary interest rate buydown, the lender must qualify the borrower based on the note rate without consideration of the bought-down rate." That rule is the most important thing to understand about the product. A buydown makes the first years cheaper, but the lender has already confirmed that the household can carry the full payment, so the buydown is a cash-flow cushion rather than a way to afford a bigger house. A borrower who chooses a larger loan because the year-one payment looks manageable is taking the risk the qualification rule was written to prevent.
Who pays, and the limits that follow. A seller or home builder may offer a buydown as a sales incentive, and a lender can fund one too. When the money comes from an interested party (the seller, the builder or developer, or a real estate agent or broker), Fannie Mae counts "the cost of that subsidy" in its limits on interested-party contributions. Those limits are a percentage of the lower of the sales price or appraised value: for a principal residence or second home, 3% where the loan-to-value ratio is above 90%, 6% from 75.01% to 90%, and 9% at 75% or less. Other closing costs the seller pays come out of the same allowance, apart from the fees a seller customarily pays under local custom, which Fannie Mae leaves outside the limit, and a concession above the limit is treated as reducing the sales price. Fannie Mae does not allow temporary buydowns on investment properties or cash-out refinances.
Early payoff, sale or foreclosure. Buydown funds "are not refundable unless the mortgage is paid off before all the funds have been applied." On a payoff, Fannie Mae's rule is that the unused funds are credited to the payoff amount or returned to the borrower or the lender, as the buydown agreement specifies; on a foreclosure they reduce the mortgage debt; and if a buyer assumes the loan, the subsidy can continue on its original schedule. So a borrower who refinances in year one generally does not lose the unused balance, but where it goes depends on the agreement's wording.
Temporary buydown or permanent points? Money spent on a temporary buydown produces a known saving over one to three years and nothing after. The same money spent on discount points lowers the rate for as long as the loan is kept, at a price the lender quotes. Which is worth more depends on how long the borrower expects to keep the loan and on whether rates fall enough to make an early refinance likely; a borrower who refinances within a couple of years gets the full value of a temporary buydown and only part of the value of points. These are Fannie Mae's rules for loans it buys; FHA, VA and other programs set their own.