A HELOC Behind Your DSCR or Portfolio First Mortgage

Second position means living with the loan in front of you. Most firsts tolerate a junior lien; a few do not, and the difference is in the note.

A line of credit can usually record behind a DSCR, bank-portfolio or private first mortgage, but the first mortgage's documents control whether a junior lien is permitted, and the line lender reads them before closing. Agency-style investor loans almost always allow it. DSCR and private loans vary, and the place to look is the deed of trust or mortgage and the note.

What the first-mortgage documents can say

Most residential first mortgages, including the agency-style investor loans sold to Fannie Mae and Freddie Mac, permit junior liens without consent. Some DSCR and private-lender documents include a covenant against further encumbrance — a clause that says the borrower will not place additional liens on the property without the lender's written consent. If yours does, a line recorded behind it without consent is a technical default, and the line lender will decline to record in that position. The fix is to ask the first lender for consent, which some give routinely and some refuse.

What the line lender checks

The senior loan's balance and payment, whether it is current, whether it has a balloon or rate reset coming, and whether it is in the name of the same individual who will sign the line. A DSCR first in an LLC's name with the property deeded to the LLC runs straight into the title problem covered on the LLC page. A DSCR first in your personal name is fine. Private loans with short terms — a hard-money loan maturing in a year — concern a line lender more, because the property may be refinanced soon and the line will need to be paid or subordinated when it is.

Prepayment penalties on the first

Many DSCR loans carry a prepayment penalty for the first several years. A line behind the first does not trigger it — you are not paying the first off — which is one of the quieter advantages of a line over a cash-out refinance when the first is a DSCR loan inside its penalty period. If you later refinance the first, the penalty applies then, and the line either gets paid off or subordinated as part of that refinance.

Subordination later

If you refinance the first mortgage while the line is open, the new first lender will want the line to stay in second position, which requires the line lender to sign a subordination agreement. On the digital program this is a routine request with a short turnaround and a fee in some states; it is generally granted for a rate-and-term refinance and generally declined if the refinance takes additional cash out or increases the combined debt against the property beyond the program's rules. Plan the order of operations: line first, then refinance with subordination; or refinance first, then line.

Third position

A property with a first mortgage and an existing second — a prior line or a seller carry-back — can take a third lien on the digital program, subject to the same checks on the senior loans and to the program's limits on total debt against the property. Third liens are a small category, but they exist, and investors with a cheap first and a mid-sized second sometimes find it the only way to reach the equity without disturbing either.

Questions investors ask about this

Can I put a HELOC behind a DSCR loan?

Usually, if the DSCR loan's documents allow a junior lien and the first is in your personal name. Some DSCR notes require the lender's consent for additional liens; the line lender reads the documents and tells you.

Will a second-lien line trigger my DSCR prepayment penalty?

No. The penalty applies when you pay the first off early. A line behind it leaves the first untouched.

What is subordination?

When you refinance the first mortgage with a line already in place, the new first lender needs the line lender to agree to stay in second position. That agreement is a subordination, usually granted for a rate-and-term refinance.

Can the line be in third position?

On the digital program, yes, behind a first and an existing second, within the program's limits on total debt against the property.

My first mortgage is a hard-money loan. Can I add a line?

Sometimes, but short-term senior loans worry line lenders because the property will likely be refinanced soon. Often the better order is to refinance the hard-money loan first and add the line after.

Keep reading

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Korbin checks the documents for a lien covenant and tells you whether the line can record behind it.

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