Amendment Reinstating “Grandfather” Exceptions to Restrictions on Private Transfer Fee Covenants

The Federal Housing Finance Agency (FHFA) is making a technical amendment to its Private Transfer Fee Covenants (PTFC) Regulation. The PTFC Regulation restricts FHFA's regulated entities-- the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac) (collectively, the Enterprises), and the Federal Home Loan Banks (Banks)--from purchasing, investing in, accepting as collateral, or otherwise dealing in mortgages on properties encumbered by certain types of PTFCs, or related securities, subject to certain exceptions. The technical amendment reinstates timing and transitional applicability ("grandfather") exceptions that were removed by FHFA's 2024 amendments to the PTFC Regulation. The reinstated "grandfather" exceptions are applicable nunc pro tunc beginning July 16, 2012.