Guide verification
What we verified in “Refinancing from an ITIN loan to conventional or FHA”
This page is the guide’s verification record. Every statement with a rule, a figure or a date appears with the official source behind it, the exact place inside that source and the day we checked it. If a rule changes, we update the guide, this list and the date.
21 checked statements Verified on October 17, 2026 18 official sources
Statements and where we checked them
The statements with rules, figures or dates, with the exact place in the source and the date we checked them.
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According to Fannie Mae's Selling Guide, each borrower must have a valid Social Security number or an ITIN, in addition to meeting legal residency and documentation requirements; if there are Social Security number issues the lender cannot resolve, it must validate the number directly with the Social Security Administration, and if it cannot be validated, the loan is not eligible for sale to Fannie Mae.
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According to Fannie Mae's Selling Guide, Fannie Mae buys mortgages made to non-U.S. citizens who are lawful permanent or non-permanent residents on the same terms available to U.S. citizens; it does not specify the exact documents: the lender decides based on the circumstances of the individual case, using the documentation it deems appropriate, and warrants that the borrower is legally present in the country.
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According to Fannie Mae's Selling Guide, a limited cash-out refinance obtains a new first mortgage on the same property to pay off the existing first mortgage; at least one borrower on the new loan must be on title at the time of application; paying off the existing loan may include amounts such as prepayment penalties; closing costs, points and prepaids can be financed; cash back cannot exceed the greater of 1% of the new loan or $2,000; and above 95% loan-to-value, the loan being paid off must be a Fannie Mae loan, except with HomeReady.
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According to Fannie Mae's Selling Guide, on a cash-out refinance the existing first mortgage being paid off must be at least 12 months old, measured from the existing note date to the new note date; and at least one borrower must have been on title for at least six months before disbursement, with exceptions such as an inheritance.
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According to Fannie Mae's Selling Guide, HomeReady is a conventional mortgage for borrowers who meet income criteria; it covers purchases and limited cash-out refinances of one- to four-unit principal residences; and total annual qualifying income may not exceed 80% of the area median income for the property's location.
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According to HUD Mortgagee Letter 2025-09, which must be applied to FHA case numbers assigned on or after May 25, 2025 and applies to all FHA Title II single-family forward programs and to reverse mortgages (HECM), HUD eliminated eligibility for non-permanent residents; a borrower with lawful permanent resident status may be eligible on the same requirements, terms and conditions as a citizen, with evidence of that residence, which USCIS provides; citizens of Micronesia, the Marshall Islands and Palau may also be eligible; and a Social Security card is not enough to prove immigration or work status.
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According to HUD Handbook 4000.1, each FHA borrower must give the lender evidence of a valid Social Security number (SSN), with exceptions such as people employed by the World Bank or a foreign embassy; and U.S. citizenship is not required.
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According to HUD Handbook 4000.1, on a cash-out refinance the proceeds are not limited to specific purposes; on a no cash-out refinance, the proceeds may only pay the existing debt and transaction costs; and a 'rate and term' refinance is a no cash-out refinance of any mortgage in which all proceeds pay the existing mortgage liens on the property and the costs.
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According to HUD Handbook 4000.1, an FHA rate and term refinance is only permitted on owner-occupied principal residences and HUD-approved secondary residences; the maximum loan-to-value is 97.75% if the home has been your principal residence for the previous 12 months (or since you bought it, if less than 12 months ago), and 85% if you have lived there for less time.
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According to HUD Handbook 4000.1, on an FHA cash-out refinance the home must have been owned and occupied as a principal residence by at least one borrower for the 12 months before case number assignment; the borrower must have made all mortgage payments within the month due for the previous 12 months (or since getting the mortgage, if less); the current mortgage must have at least six months of payments; and the maximum loan-to-value is 80%.
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According to HUD Mortgagee Letter 2023-05, the FHA upfront mortgage insurance premium is 175 basis points (1.75%) of the base loan amount on all mortgages, with exceptions such as certain refinances of FHA loans endorsed before June 1, 2009; and the annual premium also applies to all mortgages, with similar exceptions.
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According to the IRS, the ITIN is for people who need a taxpayer identification number for federal tax purposes but are not eligible for a Social Security number; a person with a U.S. work visa qualifies for an SSN; you cannot have both an ITIN and an SSN; once you get an SSN you must stop using the ITIN and use the SSN for taxes; and you should notify the IRS, by mail or at a local office, so it combines all your tax records under your SSN; if you do not, you may not receive credit for all wages paid and taxes withheld; the IRS voids the ITIN and associates all prior tax information filed under it with the SSN.
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According to the CFPB, a prepayment penalty is a fee some lenders charge if you pay off all or part of your mortgage early, and you would have agreed to it at closing; not all mortgages have one; it typically applies if you pay off the whole balance, for example because you sell or refinance, within a specific number of years (usually three or five); and the CFPB advises reading the fine print to understand when and how much you would pay.
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Under Regulation Z (12 CFR §1026.43(g)), a consumer credit transaction secured by a dwelling that the section covers must not include a prepayment penalty unless the law otherwise permits it and the loan has an annual percentage rate that cannot increase, is a qualified mortgage and is not a higher-priced mortgage loan; even then, the penalty cannot apply after the three-year period following closing or exceed 2% of the balance prepaid in the first two years or 1% in the third year; and a creditor offering a loan with a penalty must also offer an alternative without one.
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According to the CFPB, the Loan Estimate is a three-page form you receive after applying for a mortgage; the lender must provide it within three business days of receiving your application; all lenders use the same standard form; it shows whether the loan has a prepayment penalty; and receiving one does not mean the loan is approved.
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According to the CFPB, it is a good idea to request Loan Estimates from at least three different lenders and compare them; to ask each lender for the APR, which reflects the rate, points and certain other charges; to make sure any points you pay actually lower your rate; and to ask, among other things, whether you can repay the loan early without penalty.
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According to the CFPB, all mortgages involve origination services and costs, even if some are advertised as having no fees or no closing costs; lenders do this by charging a higher rate in exchange for a credit, or by adding the closing costs to the loan amount; a higher rate means paying more over time, and a larger loan raises your payments and reduces your equity.
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According to the CFPB, for most non-purchase mortgages, such as refinances, you have the right of rescission: three business days to cancel after signing, counting Saturdays but not Sundays or legal public holidays; the clock starts once you have signed the note, received the Truth in Lending disclosure (usually the Closing Disclosure) and received two copies of the notice of your right to cancel; you must give notice in writing, not by calling or visiting; your money must be returned within 20 calendar days; and if you cancel the refinance, you still owe your original loan.
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According to the CFPB, you do not have a right of rescission when the loan is used to buy or build your principal home, when you refinance or consolidate with the same creditor a loan already secured by your home and borrow no additional funds, or when a state agency is the creditor.
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According to the Justice Department's Executive Office for Immigration Review (EOIR), only certain people can represent you, including validly licensed attorneys and accredited representatives; notarios, document preparers, immigration consultants and travel agents are not allowed to practice law, give you legal advice or tell you whether you are eligible for immigration relief.
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According to the CFPB, HUD-approved housing counselors advise on buying a home, renting, defaults and credit, and can offer independent advice about whether a particular set of mortgage loan terms fits your objectives, often at little or no cost.
Sources
Each source on one line: who publishes it, its title, its address and the date we read it.
- 1. Fannie Mae · Selling Guide B2-2-01, General Borrower Eligibility Requirements · selling-guide.fanniemae.com · Accessed October 17, 2026
- 2. Fannie Mae · Selling Guide B2-2-02, Non–U.S. Citizen Borrower Eligibility Requirements · selling-guide.fanniemae.com · Accessed October 17, 2026
- 3. Fannie Mae · Selling Guide B2-1.3-02, Limited Cash-Out Refinance Transactions · selling-guide.fanniemae.com · Accessed October 17, 2026
- 4. Fannie Mae · Selling Guide B2-1.3-03, Cash-Out Refinance Transactions · selling-guide.fanniemae.com · Accessed October 17, 2026
- 5. Fannie Mae · Selling Guide B5-6-01, HomeReady Mortgage Loan and Borrower Eligibility · selling-guide.fanniemae.com · Accessed October 17, 2026
- 6. HUD · Mortgagee Letter 2025-09: Revisions to Residency Requirements · hud.gov · Accessed October 17, 2026
- 7. HUD · FHA Single Family Housing Policy Handbook 4000.1 (issued August 12, 2026) · hud.gov · Accessed October 17, 2026
- 8. HUD · Mortgagee Letter 2023-05: Reduction of FHA Annual Mortgage Insurance Premium (MIP) Rates · hud.gov · Accessed October 17, 2026
- 9. IRS · Individual Taxpayer Identification Number (ITIN) · irs.gov · Accessed October 17, 2026
- 10. CFPB · What is a prepayment penalty? · consumerfinance.gov · Accessed October 17, 2026
- 11. CFPB (Code of Federal Regulations, text at Cornell LII) · Regulation Z, 12 CFR §1026.43, Minimum standards for transactions secured by a dwelling · law.cornell.edu · Accessed October 17, 2026
- 12. CFPB · What is a Loan Estimate? · consumerfinance.gov · Accessed October 17, 2026
- 13. CFPB · How do I find the best loan available when I'm shopping for a home mortgage loan? · consumerfinance.gov · Accessed October 17, 2026
- 14. CFPB · Is there such a thing as a no-cost or no-closing cost loan or refinancing? · consumerfinance.gov · Accessed October 17, 2026
- 15. CFPB · Can I change my mind after I sign the loan closing documents for my second mortgage or refinance? What is the right of rescission? · consumerfinance.gov · Accessed October 17, 2026
- 16. CFPB · Are there situations where I would not have a right of rescission? · consumerfinance.gov · Accessed October 17, 2026
- 17. U.S. Department of Justice (EOIR) · Can Someone Represent You Before EOIR? · justice.gov · Accessed October 17, 2026
- 18. CFPB · Find a Housing Counselor · consumerfinance.gov · Accessed October 17, 2026