8.7.3 Private Source – New Construction/Substantial Rehab
HUD Multifamily Accelerated Processing (MAP) Guide, HUD Handbook 4430.G (2020 ed., rev. Mar. 19, 2021) · 2026 edition · updated 2026-10-05 · United States
A. Private secondary financing is not permitted under Section 221(d)(4) or other new construction/substantial rehabilitation first mortgage programs. The only exception to this consideration is Seller-financed secondary debt (aka seller take-back note). The Seller-financed secondary debt must meet the follow criteria:
The FHA loan to replacement cost ratio is less than 50% (80% loan ratio for tax credit applications) of mortgageable cost; and
The Seller financed secondary debt is either:
An arms-length transaction; or
It involves an identity of interest transaction and the selling price of the land or building is not greater than the property’s “as is” value.”
Seller-financed secondary debt must also meet all of the following:
- It is an inferior cash flow debt, such that cumulative payments for that and any other subordinate debt must not exceed 75% of surplus cash, if available.
It is documented in a promissory note that is not recorded and not secured with a lien against the property; this prohibition on a lien does not apply to LIHTC transactions (see Chapter 14).
It does not contain any provision of foreclosure that would threaten the first mortgage.
It is subject to automatic re-subordination in any subsequent refinancing of the first mortgage; and
The subordinate debt does not have a balloon payment or maturity prior to maturity of the FHAinsured first mortgage.
Get a plain-English answer with a citation back to this text.
Ask AI about this code