Fannie Mae recently provided clarification stating borrowers are considered legally present in the US if the borrower has a Social Security Number and has current verified status which can be documented with a valid employment authorization card or other documentation showing immigration status is current.
PennyMac is aligning with Fannie Mae’s clarification regarding documenting a borrower is legally present in the US, including borrowers present under Deferred Action against Childhood Arrivals (DACA).
As a reminder, PennyMac requires all borrowers to have a valid Social Security Number. In addition, PennyMac aligns with the applicable end Agency’s requirements for residency status as summarized below. Lenders remain responsible for ensuring all borrowers meet the applicable end Agency requirements regarding residency.
| Agency | Eligibility with DACA |
|---|---|
| Fannie Mae B2-2-02 | DACA recipients are eligible with proof of legal status, including but not limited to valid EAD card |
| Freddie Mac 5103.2 | DACA recipients are ineligible |
| FHA 4000.1 II A.1.b. (A)(9) | DACA recipients are ineligible |
| VA Chapter 2 | Veterans with DACA status are eligible |
| USDA Chapter 8.2 F | DACA recipients are ineligible |
Please contact your Sales Representative with any questions.