In the realm of real estate financing, the Balloon Rider form emerges as a pivotal document designed to elucidate conditions under which a borrower can modify and extend the terms of an existing loan. This document, integral to the mortgage or deed of trust, allows the borrower a conditional modification and extension option at the maturity of the original loan. Such modifications are contingent upon meeting specific criteria, including but not limited to the borrower's continued ownership and occupancy of the property, a track record of timely payments, and the absence of liens or encumbrances that could adversely affect the property's title. Furthermore, the Balloon Rider sets forth the process for calculating the modified note rate, based upon the Federal Home Loan Mortgage Corporation's required net yield plus an additional margin, and outlines how the new monthly payment amount will be determined based upon this rate. This ensures that both parties are on the same page regarding the new terms, extending the loan under conditions that are clearly stated and agreed upon. It also details the prerequisites for exercising the extension option, such as notification protocols and the submission of proof verifying the borrower's eligibility. Finally, the document concludes with the borrower's acknowledgment and acceptance of these terms, solidifying the agreement's binding effect. Overall, the Balloon Rider form acts as a critical tool for homeowners seeking to extend their loan terms under pre-specified conditions, providing a structured pathway to adjust their financial obligations in light of their current circumstances.
| Question | Answer |
|---|---|
| Form Name | Balloon Rider Form |
| Form Length | 2 pages |
| Fillable? | No |
| Fillable fields | 0 |
| Avg. time to fill out | 30 sec |
| Other names |
BALLOON RIDER
(CONDITIONAL MODIFICATION AND EXTENSION OF LOAN TERMS)
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 Deed to Secure Debt (the “Security Instrument”) of the same date given by the undersigned (the “Borrower”) to secure the Borrower’s Note to
(the “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 the Lender may transfer the Note, Security Instrument and this Rider. The 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 MODIFICATION AND EXTENSION OF LOAN TERMS
At the maturity date of the Note and Security Instrument (the “Note Maturity Date”), I will be able to extend the
Note Maturity Date to, (the “Extended Maturity Date”) and
modify the Note Rate to the “Modified Note Rate” determined in accordance with Section 3 below if all the conditions provided in Sections 2 and 5 below are met (the “Conditional Modification and Extension Option”). If those conditions are not met, I understand that the Note Holder is under no obligation to refinance the Note or to modify the Note, reset the Note Rate or extend the Note 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 Modification and Extension Option, certain conditions must be met as of the
Note Maturity Date. These conditions are: (a) I must still be the owner and occupant 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 Note Maturity Date; (c) there are no liens, defects, or encumbrances against the Property, or other adverse matters affecting title to the Property (except for taxes and special assessments not yet due and payable) arising after the Security Instrument was recorded; (d) the Modified Note Rate cannot be more than 5 percentage points above the Note Rate; and (e) I must make a written request to the Note Holder as provided in Section 5 below.
3.CALCULATING THE MODIFIED NOTE RATE
The Modified Note Rate will be a fixed rate of interest equal to the Federal Home Loan Mortgage Corporation’s
required net yield for
4.CALCULATING THE NEW PAYMENT AMOUNT
Provided the Modified Note Rate as calculated in Section 3 above is not greater than 5 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 Note Maturity Date (assuming my monthly payments then are current, as required under Section 2 above), over the remaining extended term at the Modified Note Rate in equal monthly payments. The result of this calculation will be the new amount of my principal and interest payment every month until the Note is fully paid.
MULTISTATE BALLOON RIDER (MODIFICATION AND |
FORM 3190 1/01 (page 1 of 2 pages) |
5.EXERCISING THE CONDITIONAL MODIFICATION AND EXTENSION OPTION
The Note Holder will notify me at least 60 calendar days in advance of the Note Maturity Date and advise me of the
principal, accrued but unpaid interest, and all other sums I am expected to owe on the Note Maturity Date. The Note Holder also will advise me that I may exercise the Conditional Modification and Extension 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 Modification and Extension Option. If I meet the conditions of Section 2 above, I may exercise the Conditional Modification and Extension Option by notifying the Note Holder no earlier than 60 calendar days and no later than 45 calendar days prior to the Note Maturity Date. The Note Holder will calculate the fixed Modified Note Rate based upon the Federal Home Loan Mortgage Corporation’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, occupancy and property lien status. Before the Note Maturity Date the Note Holder will advise me of the new interest rate (the Modified 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 Note Rate modification and Note Maturity Date extension. I understand the Note Holder will charge me a $250 processing fee and the costs associated with the exercise of the Conditional Modification and Extension Option, including but not limited to the cost of updating the title insurance policy.
BY SIGNING BELOW, BORROWER accepts and agrees to the terms and covenants contained in this Balloon Rider.
(Seal) - Borrower
(Seal) - Borrower
(Seal) - Borrower
[Sign Original Only]
MULTISTATE BALLOON RIDER (MODIFICATION AND |
FORM 3190 1/01 (page 2 of 2 pages) |