Private Road Maintenance Agreement Fannie Mae Form

State:
Multi-State
Control #:
US-03114BG
Format:
Word; 
Rich Text
196 downloads

Description

The Private Road Maintenance Agreement Fannie Mae form is designed for property owners who wish to establish a framework for maintaining a private road servicing their lots. Key features of the form include the definition of 'Owner', processes for the formation of an 'Association', and provisions for voting and assessments for road upkeep. Each owner is legally obligated to contribute to maintenance costs, and these obligations can create a lien against their property if not fulfilled. The agreement ensures that maintenance responsibilities are clearly outlined and that all owners participate in decision-making related to road upkeep. This form is particularly useful for attorneys, partners, and real estate professionals involved in property transactions, partnership agreements, or community planning. Legal assistants and paralegals may also utilize this form to ensure compliance with local laws and facilitate discussions among property owners. Proper filling and editing of the form require inserting specific property information, and ensuring all signatures are obtained for it to be valid. Additionally, the agreement's provisions can address potential disputes among owners, making it a vital document for fostering cooperation in private road maintenance.
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FAQ

Loans for properties with non-standard features (such as more than 10 acres of land, properties with agricultural income, or properties that are difficult to appraise)

The California Civil Code requires the cost of maintenance for both the private and other public roads to be shared equitably by the landowners benefiting from those roads. Lacking a formal agreement between landowners, the Code requires an equal share contribution Page 4 3 from each landowner.

Fannie Mae will not make a loan on a property located on a private right of way or shared driveway unless there is a recorded, written maintenance agreement.

Fannie Mae (Conventional): A Private Road Maintenance Agreement is required. Freddie Mac (Conventional): A Private Road Maintenance Agreement is not required. FHA: A Private Road Maintenance Agreement is not required, however you will be asked to provide a recorded road easement.

Many believe that Fannie Mae has a restriction on properties greater than 10 acres. This is not the case. The acreage alone does not make the property ineligible. The lender/appraiser will look more at what is the intended use of the property and what is typical for the area where the property is located.

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Private Road Maintenance Agreement Fannie Mae Form