Self-Employed Borrower Freddie Mac Form 91€¦ · Freddie Mac Form 91 Part II Review 3 Objective...

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Genworth Mortgage Insurance Corporation ©2017 Genworth Financial, Inc. All rights reserved.

Self-Employed Borrower

Freddie Mac Form 91Business Tax Returns‏

March 2017‏

2Freddie Mac Form 91 Part II Review

Lender Responsibility

Investors (Fannie Mae, Freddie Mac, Private Investors) require it be‏

determined that self-employed borrowers demonstrate the financial

ability to repay the mortgage.

– History

– Income calculation

– Continuance / Stability of income

Today’s Session Covers Conventional Loans and Reviews K-1’s And

Business Tax Returns; Personal Returns Are Reviewed in Part I

3Freddie Mac Form 91 Part II Review

Objective

Learn to use the Freddie Mac Income Analysis Form (Form 91) and‏

data from tax returns to calculate supportable self-employed borrower

income.

– Calculate Partnership Income and Expenses from K-1s and Form 1065

– Calculate S Corp (Sub-Chapter S) Income and Expenses from K-1s and Form

1120S

4Freddie Mac Form 91 Part II Review

Freddie Mac Seller/Servicer Guide

THESE CHANGED MARCH 6 2017!!!!

Bulletin 2016-19-Income Changes

5Freddie Mac Form 91 Part II Review

Implementation Of Income Requirements For Loans With Settlement Dates

of July 6, 2017 or After; LPA Be Updated March 6, 2017 And Lenders May

Begin Following As Of March 6, 2017

6Freddie Mac Form 91 Part II Review

Freddie Mac Seller/Servicer Guide

7Freddie Mac Form 91 Part II Review

Freddie Mac Seller/Servicer Guide

When Do We Have To Tell LPA Our Borrower Is Self-Employed?

8Freddie Mac Form 91 Part II Review

Freddie Mac Seller/Servicer Guide

9Freddie Mac Form 91 Part II Review

Freddie Mac Seller/Servicer Guide

10Freddie Mac Form 91 Part II Review

LPA documentation Matrix

11Freddie Mac Form 91 Part II Review

Tool to Help document your files‏

– Updated for loans with settlement

dates on or after July 6, 2017.

– If you choose to implement on and

after March 6, you must comply with all

asset or all the income changes, not

just some of the new requirements

– The existing LPA matrix (July 2016) is

still available should your lender

choose to wait to implement until July

6.

http://www.freddiemac.com/learn/pdfs/uw/docmatrix_settlement_dates_july_6_2017.pdf

15Freddie Mac Form 91 Part II Review

mi.genworth.com

Quick Reference Guide and Webinars

16Freddie Mac Form 91 Part II Review

Monthly Webinar

Calendars

Course Catalog

Quick Reference Guide and Webinars

17Freddie Mac Form 91 Part II Review

18Freddie Mac Form 91 Part II Review

Does Borrower Own > 25% of a Business?

19Freddie Mac Form 91 Part II Review

Can checking the Self Employed Indicator to “Yes”

increase the risk of the loan when evaluated by

LPASM?

YesNo

You’ll Need

20Freddie Mac Form 91 Part II Review

21Freddie Mac Form 91 Part II Review

The Case Study

:You will be working with John and Mary Homeowner who‏

– Own 50% of an LLC called MHI (Mary)

• Reported on a Partnership Return 1065

• Mary receives a K-1

– Own 100% of an S Corporation called Always Watching Security, Inc. (John)

• John receives a K-1

• John receives a W-2 Wage Statement from the business

• John receives an 1120S Sub Chapter S business tax return

22Freddie Mac Form 91 Part II Review

In Case Study Part I We Completed Sections 1-8 With The Personal

Tax Returns

23Freddie Mac Form 91 Part II Review

Calculator and Quick Reference Guide

Access your Quick Reference Guide Form 91 Section 9 and the Case‏

Study

24Freddie Mac Form 91 Part II Review

Business Classifications

Partnership (General or Limited)‏

– Two or More Partners

– Business Income Reported on Form 1065

– Personal Income Reported on Schedule E and K-1

– Income Taxed at Personal Rate

– All owners are issued a K-1s which are attached to the business tax return (IRS

Form 1065)

Advantages‏

– Taxed at Personal Rate (Partnership Pays No Tax on Income)

– Limited Partnership - Only Liable for Amount Invested

Disadvantages‏

– General Partnerships Have Unlimited Personal Liability for Partnership Debts

and Losses

25Freddie Mac Form 91 Part II Review

1065 Partnership

Line 22 Ordinary Income/Loss

$_________

K-1

%

Line 1 Ordinary Income/Loss

$_________

Schedule E page 2

Part II1040

Line 17 Net Income/Loss Sch.E

$_________

Taxed at a personal rate

Check for trends or changes‏

– Gross Receipts

– Cost of Good Sold

– Gross Profit

– Bottom line “Ordinary Income”

Partnerships

26

Page 19

Freddie Mac Form 91 Part II Review

1065 Partnership

Line 22 Ordinary Income/Loss

$_________

K-1

%

Line 1 Ordinary Income/Loss

$_________

Schedule E page 2

Part II

1040

Line 17 Net Income/Loss Sch.E

$_________

Taxed at a personal rate

27Freddie Mac Form 91 Part II Review

Partnership K-1

28Freddie Mac Form 91 Part II Review

Page 17

Rental Income - Partnership or S Corps

29Freddie Mac Form 91 Part II Review

No Example

Partnership K-1

33Freddie Mac Form 91 Part II Review

Page 17

1065 Partnership

Line 22 Ordinary Income/Loss

$_________

K-1

%

Line 1 Ordinary Income/Loss

$_________

Schedule E page 2

Part II

1040

Line 17 Net Income/Loss Sch.E

$_________

Taxed at a personal rate

35Freddie Mac Form 91 Part II Review

Schedule E Partnerships and S Corps

36Freddie Mac Form 91 Part II Review

Page 11

1065 Partnership

Line 22 Ordinary Income/Loss

$_________

K-1

%

Line 1 Ordinary Income/Loss

$_________

Schedule E page 2

Part II1040

Line 17 Net Income/Loss Sch.E

$_________

Taxed at a personal rate

37Freddie Mac Form 91 Part II Review

38Freddie Mac Form 91 Part II Review

Page 2

41Freddie Mac Form 91 Part II Review

Freddie Mac Does Not Have a Written Policy

Regarding Distributions

- However, Fannie Mae Does‏

Balance Sheet

42Freddie Mac Form 91 Part II Review

Page 23

Quick Reference Guide and Webinars

43Freddie Mac Form 91 Part II Review

Monthly Webinar

Calendars

Course Catalog

Quick Reference Guide and Webinars

44Freddie Mac Form 91 Part II Review

45Freddie Mac Form 91 Part II Review

Liquidity

Generally Accepted Accounting Principles‏

(Cash #1 + Acct Receivable #2 + #4+ #5 +Other Current Assets #6)

(Acct Pay. #15 + MNB #16 + Other Current Liabilities #17)

Balance Sheet

Quick Ratio or Acid Test

Current Assets :

Current Liabilities:

Current Assets:

Current Liabilities: 10,308 - Solvency

46Freddie Mac Form 91 Part II Review

Page 23

$10,308 + 0 + 0 +0+0 = $10,308

$0 + $0+ $0 = $0

47Freddie Mac Form 91 Part II Review

Quick Ratio

48Freddie Mac Form 91 Part II Review

Quick Reference Guide

:Access‏

– Form 91

• Quick Reference Guide Section 9

– The Partnership K-1

Page 17

49Freddie Mac Form 91 Part II Review

Partnership K-1

Can We Use Ordinary Income/Rental Income?

Is The Business Capable Of Paying Out The Earnings?

Page 17

Quick Reference Guide Partnership K-1

50Freddie Mac Form 91 Part II Review

Prudent Underwriting: Evaluate The Business. Determine If Any Of The

$10,628 Can Be Used. It Must Make Sense And Be Supported In Writing.

$10624

$0

Partnership K-1

51Freddie Mac Form 91 Part II Review

Genworth Calculator Is A Tool; Lenders/Underwriters Review Each Loan

File And Determine Compliance With Freddie Mac Or Investor Guidelines

Page 17

$10624

$0

$0

Section 11

52Freddie Mac Form 91 Part II Review

Page 19

Partnership Form 1065

53Freddie Mac Form 91 Part II Review

Page 19

54Freddie Mac Form 91 Part II Review

Partnership Form 1065

Page 19

55Freddie Mac Form 91 Part II Review

Partnership Form 1065

See Statement‏

Page 19

Partnership Form 1065

56Freddie Mac Form 91 Part II Review

Page 24

57Freddie Mac Form 91 Part II Review

58Freddie Mac Form 91 Part II Review

Partnership Form 1065

Page 23

59Freddie Mac Form 91 Part II Review

60Freddie Mac Form 91 Part II Review

Partnership Form 1065

Page 19

61Freddie Mac Form 91 Part II Review

Partnership Form 1065

Page 23

62Freddie Mac Form 91 Part II Review

Partnership K-1

Can We Use to Qualify?

Page 17

63Freddie Mac Form 91 Part II Review

Business Classifications

S Corporation‏

– Can be owned by one person

– “Managing Shareholder” must receive a salary

– Business Income Reported on Form 1120S

– Income reported on Form 1040’s

• Schedule E

• Could also be W-2 wage or 1099 income

– All shareholders of an S Corp are issued K-1’s

– K-1s are attached to the S Corp tax return (IRS Form 1120S)

Advantages‏

– Taxed on Personal Basis

• S Corp. Pays No Tax on Income

– Liability Limited to Amount Invested

Disadvantages‏

– Limited to 100 Shareholders

64Freddie Mac Form 91 Part II Review

Line 21 Ordinary Income/Loss

$_________

K1

%

Line 1 Ordinary Income/Loss

$_________

Schedule E page 2

Part II

1040

Line 17 Net Income/Loss Sch.E

$_________

Taxed at a personal rate

1120S S Corp

65Freddie Mac Form 91 Part II Review

S Corps

Check for trends or changes‏

– Gross receipts

– Cost of goods sold

– Gross profit

– Bottom line “Ordinary Income”

– Were W-2 wages paid to

borrower?

Page 27

66Freddie Mac Form 91 Part II Review

S Corps

Review for W-2 paid from business‏

– Is this salary income or self employed income?

– Did we give credit for this income already?

Page 1

67Freddie Mac Form 91 Part II Review

Line 21 Ordinary Income/Loss

$_________

K1

%

Line 1 Ordinary Income/Loss

$_________

Schedule E page 2

Part II

1040

Line 17 Net Income/Loss Sch.E

$_________

Taxed at a personal rate

1120S S Corp

S Corp K-1

68Freddie Mac Form 91 Part II Review

Did John Get A Distribution?

Page 25

Page 2 of K-1 and Page 3 of Form 1120S

69Freddie Mac Form 91 Part II Review

Page 26

71Freddie Mac Form 91 Part II Review

1120S S Corp

Line 21 Ordinary Income/Loss

$_________

K-1

%

Line 1 Ordinary Income/Loss

$_________

Schedule E page 2

Part II

1040

Line 17 Net Income/Loss Sch.E

$_________

Taxed at a personal rate

Schedule E Partnerships and S Corps

72Freddie Mac Form 91 Part II Review

Page 11

73Freddie Mac Form 91 Part II Review

Line 21 Ordinary Income/Loss

$_________

K-1

%

Line 1 Ordinary Income/Loss

$_________

Schedule E page 2

Part II

1040

Line 17 Net Income/Loss Sch.E

$_________

Taxed at a personal rate

1120S S Corp

74Freddie Mac Form 91 Part II Review

Page 2

75Freddie Mac Form 91 Part II Review

Freddie Mac Does Not Have a Written Policy

Regarding Distributions

- However, Fannie Mae Does‏

76Freddie Mac Form 91 Part II Review

Liquidity

Generally Accepted Accounting Principles‏

77Freddie Mac Form 91 Part II Review

Balance Sheet

Page 30

78Freddie Mac Form 91 Part II Review

Balance Sheet

Quick Ratio or Acid Test

Current Assets :

Current Liabilities:

(Cash #1 + Acct Receivable #2 + #4+ #5 +Other Current Assets #6)

(Acct Pay. #15 + MNB #16 + Other Current Liabilities #17)

Current Assets:

Current Liabilities: 2.09 - Solvency

$8,972 + 0 + 0 +0+0 = $8,972

$0 + $0+ $4,286 = $4,286

Page 30

79Freddie Mac Form 91 Part II Review

Quick Ratio

81Freddie Mac Form 91 Part II Review

S Corp K-1

Let’s Put Numbers On Our Tool!

Page 25

82Freddie Mac Form 91 Part II Review

S Corp K-1Let’s Put Numbers On Our Tool!

Page 25

Did John Get a Distribution? Does The Business Have The

Capacity To Continue Operations?

S Corp K-1

83Freddie Mac Form 91 Part II Review

Page 25

S Corporation Form 1120S

84Freddie Mac Form 91 Part II Review

Page 27

S Corporation Form 1120S

85Freddie Mac Form 91 Part II Review

Page 27

S Corporation Form 1120S

86Freddie Mac Form 91 Part II Review

Page 27

S Corporation Form 1120S

87Freddie Mac Form 91 Part II Review

Page 27

88Freddie Mac Form 91 Part II Review

S Corporation Form 1120S

Page 32

S Corporation Form 1120S

89Freddie Mac Form 91 Part II Review

Page 27

90Freddie Mac Form 91 Part II Review

S Corporation Form 1120S

Page 30

S Corporation Form 1120S

91Freddie Mac Form 91 Part II Review

Page 27

S Corporation Form 1120S

92Freddie Mac Form 91 Part II Review

Page 27

93Freddie Mac Form 91 Part II Review

S Corporation Form 1120S

Page 31

S Corporation Form 1120S

94Freddie Mac Form 91 Part II Review

95Freddie Mac Form 91 Part II Review

S Corp K-1

?How Much Does John Own‏

Page 25

S Corporation Form 1120S

96Freddie Mac Form 91 Part II Review

We Must Subtract This Amount/Adjustment From The Qualifying Income

We Are Using

99Freddie Mac Form 91 Part II Review

mi.genworth.com

Quick Reference Guide and Webinars

100Freddie Mac Form 91 Part II Review

Monthly Webinar

Calendars

Course Catalog

Quick Reference Guide and Webinars

101Freddie Mac Form 91 Part II Review

Genworth Resources

102Freddie Mac Form 91 Part II Review

Genworth Rate Express® Updated!

Freddie Mac Form 91 Part II Review103

Rate Express

Access Genworth Rates Using

Rate Express Mobile App Or

Desktop

– Only 5 Required Fields

– Find Our MI Rates And Products

And Compare Them To FHA

– Find Previous Quotes With

“Scenario ID”

– Like The Rate? Order MI Directly

From The Results Screen

– Compare Up To 4 Quotes!

Visit mi.genworth.com To Run A Rate Today!

Freddie Mac Form 91 Part II Review 104

Genworth Rate Express

105Freddie Mac Form 91 Part II Review

106Freddie Mac Form 91 Part II Review

GENWORTH RESOURCES

ActionCenter®: 800 444.5664

Your Local Genworth Underwriting Manager

Your Genworth Account Executive or Manager

107

Freddie Mac Form 91 Part II Review

Legal Disclaimer Genworth Mortgage Insurance is happy to provide you with these training materials. While we strive‏

for accuracy, we also know that any discussion of laws and their application to particular facts is

subject to individual interpretation, change, and other uncertainties. Our training is not intended as

legal advice, and is not a substitute for advice of counsel. You should always check with your own

legal advisors for interpretations of legal and compliance principles applicable to your business.

,GENWORTH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, EXPRESS OR IMPLIED‏

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