Portfolio Overlays and the Co-Signed PITI: The Agency Exclusion Is Real, the Lender-Level Answer Is Unpublished, and the One Jumbo Guideline I Could Actually Read Is Narrower Than Fannie
The question
Verbatim: "Do Florida jumbo portfolio construction lenders (Seacoast, TD, Goldwater, and the national OTC jumbo programs) honor Fannie's B3-6-05 'Debts Paid by Others' exclusion for a co-signed mortgage, or do portfolio overlays count the full contingent PITI regardless of payment history?"
Context: this is the follow-up [[2026-08-19-asset-depletion-mortgage-qualification]] left open. That brief found the co-sign path costs the founder roughly $597k of his own 2027 build capacity and that the B3-6-05 escape hatch is unusable on the current six-week closing sequence. This brief asks the prior question: does the escape hatch even exist for his lender class, because if portfolio overlays count full contingent PITI regardless, the twelve-month sequencing fix buys nothing and co-sign is simply off the table.
CALIBRATION NOTICE. Portfolio lenders do not publish underwriting overlays. I could not source Seacoast Bank's, TD Bank's, or Goldwater Bank's treatment of contingent liabilities, and I did not infer it. What follows is: the agency baseline (primary-source verified), the structural reasons portfolio underwriting deviates from it (verified), one verbatim non-agency jumbo guideline that happens to be public (verified, N=1, and not one of the named lenders), and a direct-inquiry script. Anyone reading this looking for "Seacoast's policy" will not find it here, because it is not knowable from public sources.
What we already know (from the vault)
- The lender class is jumbo-portfolio by arithmetic, not by preference. The 2026 Hillsborough conforming limit is $832,750 and any plausible loan here lands $1.1-1.6M, so "the choice is jumbo-portfolio or jumbo-portfolio." [[2026-08-14-construction-to-permanent-loans-florida]]
- The named lenders come from a single aggregator page, not from a lender conversation. Goldwater (OTC C2P, portfolio jumbo to $1.5M, 720 FICO), TD (OTC to $1.5M at 20% down, $3M at 30% down), Seacoast (OTC, local underwriting and closing decision-makers), plus BuildBuyRefi-style national OTC jumbo to $4.5M. Source page last updated 2026-04-27. [[2026-08-14-construction-to-permanent-loans-florida]] No one at any of these institutions has been contacted.
- The vault has already framed the fork correctly. Balance-sheet portfolio lender (Seacoast's local underwriting is the archetype, a Tampa-decisioned bank that "can look at a nonconforming 68-ft lot and a 7-month W-2 with judgment rather than an overlay matrix") versus national jumbo OTC ("mechanically clean but rule-bound"). [[2026-08-14-construction-to-permanent-loans-florida]] That framing predicts the two categories will answer this question differently, and it is the right framing.
- The parent brief already flagged the doctrinal gap. Its own caveat: B3-6-05 is "persuasive doctrine his actual underwriter is free to ignore" because the build loan is jumbo portfolio, not agency. [[2026-08-19-asset-depletion-mortgage-qualification]] This brief is the attempt to test that caveat rather than assume it.
- The binding constraint is income, and it is already tight. The practical ceiling is ~$1.0-1.2M and sources-and-uses close with near-zero margin at the bottom of the build budget. [[2026-08-14-construction-to-permanent-loans-florida]] [[2026-08-19-jumbo-construction-perm-qualifying-envelope]] Any contingent PITI added to the back-end ratio comes straight out of a number that has no slack in it.
What the web says
- The agency baseline, primary-source verified. Fannie Mae Selling Guide B3-6-05, Monthly Debt Obligations, effective 08/05/2026. For mortgage debt, full monthly housing expense (PITIA) may be excluded from the borrower's recurring monthly obligations where (1) "the party making the payments is obligated on the mortgage debt," (2) "there are no delinquencies in the most recent 12 months," and (3) the borrower is not using rental income from that property to qualify. The documentation requirement is exact: "the lender must obtain the most recent 12 months' canceled checks (or bank statements) from the other party making the payments that document a 12-month payment history with no delinquent payments."
- The B3-6-05 carve-outs. The exclusion is unavailable where the other party is an interested party to the subject transaction (seller, real estate agent). It is unavailable where the borrower uses rental income from the property. And regardless of who pays, "the referenced property must be included in the count of financed properties" under B2-2-03. The non-mortgage version of the exclusion covers installment loans, student loans, revolving accounts, lease payments, alimony, child support and separate maintenance, and notably does not require the payer to be obligated on the debt; the mortgage version does. The parents-on-the-note structure satisfies that hardest condition, which is why the parent brief was right that this is the one arrangement where the exclusion is genuinely available at the agency level.
- The structural reason portfolio underwriting is free to deviate. A loan retained on balance sheet is never sold to Fannie or Freddie, so there is no rep-and-warrant exposure to a GSE and therefore none of the guide-conformity discipline that enforces B3-6-05 on an agency loan. What binds instead is the bank's own credit policy, its regulators' safety-and-soundness expectations, and Regulation Z's Ability-to-Repay rule. ATR at 12 CFR 1026.43(c) requires the creditor to consider and verify current debt obligations; it does not tell the creditor how to treat a debt someone else pays.
- The QM verification safe harbor is the actual bridge back to Fannie, and it is optional. The CFPB's General QM Final Rule (Dec 2020, mandatory Oct 2022) removed Appendix Q and its 43% DTI limit, replaced the limit with price-based thresholds, and gave creditors a safe harbor for using verification standards drawn from specified chapters of the Fannie Mae Single Family Selling Guide, the Freddie Seller/Servicer Guide, and the FHA/VA/USDA handbooks. Creditors are otherwise "permitted to use any reasonable verification method." So a jumbo lender writing QM paper has a regulatory incentive to point at the Fannie guide, but the safe harbor is a shield, not a mandate, and nothing stops the lender from being stricter than the guide it cites.
- The one public portfolio-jumbo guideline I could retrieve is materially narrower than Fannie. Axos Bank Prime Jumbo Mortgage Program, Underwriting Guidelines, effective March 24, 2025, §6.9.7 "Co-signed Obligations / Contingent Liabilities." It opens with the familiar documentation line - "Proof of payments made by other parties must be documented with twelve (12) months canceled checks" - and then enumerates the exclusions: a debt secured by property bought out by a former co-owner (divorce, with evidence of title transfer); a mortgage assumed by a third party without release of liability (with the formal assumption agreement); and debts required to be paid by someone else pursuant to a court order. Then the catch-all: "If none of these requirements can be satisfied, then the liability must be indicated on the application and considered as a monthly debt payment for mortgage loan eligibility purposes." A co-signed purchase where a solvent, non-delinquent parent simply makes the payment is not divorce, not an assumption, and not a court order. On the plain text of that guideline, the full PITI counts.
- Two more Axos overlays worth having in view. §9.3: "The maximum DTI ratio allowed for all loans is 43%," conditioned on both the Rate Spread Safe Harbor and the Verification Safe Harbor being satisfied - a hard cap tighter than Fannie's, on a program that leans on the QM safe harbor rather than the guide's substantive limits. And §3.6: where a non-occupying borrower is on an owner-occupied loan, "Occupying Borrower must demonstrate sole financial capacity for loan payments by not exceeding a total DTI of 40% based solely on their income," plus 20% of their own funds. On a program shaped like that, a co-signer contributes nothing to qualification at all.
- Paywall / retrieval flags. The Merchants Bank Jumbo Elite guideline (v1.9, 08/27/25), which search results indicate carries a narrower still formulation - contingent liability arising where the borrower "remains obligated on an outstanding mortgage that has been sold or traded within the last 12 months without a release of liability" - returned HTTP 404 on fetch. Not retried, not quoted beyond the search snippet, and not treated as verified. Seacoast, TD, and Goldwater publish no underwriting guidelines at all; there was nothing to fetch.
Convergences and contradictions
- Convergence: the vault's prediction that portfolio lenders are "free to ignore" B3-6-05 is not just theoretically true, it has a documented instance. Axos, a bank jumbo program that explicitly falls back to Fannie "if these guidelines are silent," is not silent here - it wrote its own narrower list and a catch-all that forces the debt into DTI. The fallback clause does not rescue the exclusion precisely because the section exists.
- Contradiction with the parent brief's framing, though not its conclusion: [[2026-08-19-asset-depletion-mortgage-qualification]] treats the twelve-month seasoning collision as the binding obstacle and the sequencing inversion as "the single highest-leverage change to the plan, available today at zero cost." That is true only if the exclusion is available at all in this lender class. The evidence here says availability is lender-specific and at least sometimes absent, so the sequencing fix is a necessary but not sufficient condition, and its value is contingent on a fact nobody has checked.
- The named lenders split predictably, and that is a hypothesis rather than a finding. A national OTC jumbo program (BuildBuyRefi-style, or Axos-style correspondent paper) runs a written matrix and will do whatever its matrix says - readable in advance, inflexible once read. A Tampa-decisioned community bank like Seacoast has discretion and can be persuaded by a strong file, but discretion cuts both ways: nothing obliges a credit committee to accept a $3,969/mo obligation as invisible just because Fannie would. There is no public evidence for which way any of the three named institutions actually goes.
Synthesis for RDCO
The honest answer is that this question cannot be closed from a desk, and that is itself the decision-relevant finding. The agency baseline is solid and verifiable: B3-6-05 as of 08/05/2026 does permit full-PITIA exclusion on a co-signed mortgage where a co-obligated payer has twelve clean months of documented payments, and the parents-on-the-note structure satisfies its hardest condition. Everything downstream of that is unpublished. Seacoast, TD, and Goldwater do not post underwriting guidelines; portfolio credit policy is an internal document, and the honest posture is to say so rather than to manufacture a plausible-sounding answer about a specific bank. What is knowable is the shape of the risk, and the shape is unfavorable. When a lender keeps a loan on its own balance sheet, the discipline that forces guide conformity - rep-and-warrant exposure on a sale to a GSE - is absent. What remains is credit policy, examiner expectations, and ATR, none of which require the exclusion to be honored. The QM verification safe harbor gives a jumbo lender a reason to gesture at the Fannie guide, but a safe harbor is permission to be no stricter than a standard for verification purposes; it never caps how conservative a lender may be on qualification.
The single piece of hard evidence I could retrieve points the wrong way for the co-sign path, and it should be weighted carefully rather than dismissed or over-read. Axos Bank's Prime Jumbo guidelines (03/24/2025) enumerate three contingent-liability exclusions - divorce buyout, assumption, court order - and none of them describes "my parents are on the note and pay the note." The catch-all then forces the payment into DTI. That is one lender, it is not a construction-to-permanent product, it is a correspondent purchase program rather than a pure balance-sheet portfolio, and it is not on the founder's shortlist. It is N=1 and cannot be generalized to Seacoast or TD. But it is a real instance of exactly the failure mode the question was asking about, produced by a bank that explicitly defaults to Fannie when its own guidelines are silent and then chose not to be silent. That is more informative than a hypothetical. Prior distribution before this brief: unknown. After: the "portfolio overlay counts the full PITI" branch is live, documented, and should be treated as at least as likely as the honoring branch until a named lender says otherwise.
The practical consequence is that the co-sign branch now carries two independent failure points, and the founder controls only one of them. Failure point one is timing, which the parent brief already identified: twelve months of seasoning against a six-week gap between a 2027-04-30 parents' closing and a 2027-06-15 construction-loan closing. That is fixable by calendar, at zero cost, today. Failure point two is lender policy, which is not fixable at all - it is a fact to be discovered, and it is discoverable in roughly one phone call per lender. Sequencing the closings twelve months apart is a real constraint on the whole plan (it pushes the parents' purchase to roughly mid-2026, already past, or the build application to mid-2028), so paying that cost before knowing whether the exclusion is even available in this lender class would be backwards. The correct order is: ask the lenders first, then decide whether the sequencing inversion is worth buying. That reverses the parent brief's implied sequence, and it is the substantive change this brief makes.
The cheapest read remains the one the parent brief already reached by a different route. Co-signing costs ~$597k of build capacity on the parent brief's arithmetic - not this brief's finding, and it belongs to [[2026-08-19-asset-depletion-mortgage-qualification]] - against a ceiling that [[2026-08-14-construction-to-permanent-loans-florida]] shows is already the binding constraint. If the exclusion is unavailable at the founder's actual lender, that $597k is permanent rather than temporary, and the co-sign branch should close. If it is available, the founder buys back the capacity only by paying a twelve-month calendar cost. Neither branch makes co-signing cheap. The structures that route around the question entirely - an intra-family purchase-money note, or H4P if both parents are 62+, both raised in the parent brief - do not create a contingent liability for any underwriter to have an opinion about, and this brief strengthens rather than weakens the case for looking at them first.
Direct-inquiry script
Five questions, asked of an underwriting desk or a loan officer who will route to underwriting. Every one is yes/no or a short factual answer, and the set settles the question in one call per lender. Ask the OTC/national programs (Goldwater, BuildBuyRefi-type aggregators) in writing, because their answer is a matrix lookup and email creates a record; ask Seacoast by phone and ask for the credit decision-maker, because their answer is judgment.
- "On your jumbo construction-to-perm program, do you follow Fannie Mae Selling Guide B3-6-05 'Debts Paid by Others' for contingent liabilities, or do you have your own overlay?" If they say they follow Fannie, go to Q2 anyway - Axos says that too and then overrides it.
- "Concretely: if I am a co-borrower on my parents' mortgage, they are also obligated on the note, they make every payment, and I bring you twelve months of their bank statements showing no delinquency - do you exclude that full PITI from my back-end ratio, yes or no?" This is the load-bearing question. Do not accept "we'd look at it."
- "If the answer is yes, what exactly do you need in the file - canceled checks, bank statements, or both - and does the twelve months have to be complete as of application, as of the credit decision, or as of closing?" The measuring date can be worth six weeks, which on the current calendar is the entire gap.
- "If the answer is no, is there any documentation package that would get to yes - a release of liability, a longer payment history, higher reserves, compensating factors - or is it a flat overlay?" Distinguishes a negotiable credit-policy position from a hard matrix rule.
- "Separately, does that property count against my financed-property limit or trigger any other program restriction even if the payment is excluded?" Fannie's B2-2-03 counts it regardless; find out whether the portfolio program does too, because it can carry reserve or LTV consequences even on the favorable answer to Q2.
Two calibration notes for whoever makes the calls. First, a loan officer's verbal "sure, that's excludable" is not an underwriting decision; ask for it in email or ask them to confirm with underwriting. Second, ask these before paying any application fee and before the sequencing decision, because Q2 alone determines whether the calendar inversion has any value.
Why this is in the vault
This closes (as far as public sources permit) Open Follow-up #1 from [[2026-08-19-asset-depletion-mortgage-qualification]] and it changes a concrete edit already queued against [[milestones]]: the parent brief recommended inverting the 2027-04-30 / 2027-06-15 closing sequence to a twelve-month gap as "the single highest-leverage change to the plan," and this brief shows that fix is worthless unless the founder's actual construction lender honors the exclusion - a fact obtainable in one call per lender and not obtainable any other way. It also converts the Q1 2027 gate's co-sign branch from "expensive" to "expensive and contingent on an unverified lender policy," which is a different thing to put in front of a decision.
Open follow-ups
- Does the CFPB's verification safe harbor list in the Reg Z commentary to §1026.43(c)(4) enumerate B3-6-05 specifically, or only the income and asset chapters of the Selling Guide? If B3-6-05 is outside the enumerated safe harbor, a QM-jumbo lender gets no regulatory credit for applying it, which would explain why programs like Axos wrote their own narrower rule.
- How does Freddie Mac's Single-Family Seller/Servicer Guide treat debts paid by others on a co-obligated mortgage, and does it differ from Fannie B3-6-05? Some jumbo programs default to Freddie rather than Fannie, and the parent brief already found Freddie and Fannie diverging sharply on asset depletion.
- Do private-label jumbo securitization shelves (Redwood Sequoia, JPMorgan Mortgage Trust) disclose contingent-liability underwriting standards in their prospectus supplements or rep-and-warrant exhibits? Those documents are public and would give a much larger sample of aggregator-level overlays than a single bank guideline.
- On a conforming loan - which the parents' likely $450-600k mortgage would be - do typical Florida retail lenders impose a "occupying borrower must qualify alone" overlay on non-occupant co-borrowers, of the kind Axos §3.6 imposes on jumbo? If so, the co-sign may add nothing to the parents' qualification even before its cost to the founder is counted, which would settle the fork without needing the B3-6-05 question at all.
- Do the interagency real-estate lending standards or examiner guidance say anything about how a bank should treat contingent obligations in portfolio residential underwriting? If there is supervisory language pushing toward full inclusion, that would predict the strict branch systematically rather than lender-by-lender.
Related
- [[2026-08-19-asset-depletion-mortgage-qualification]] - parent brief; the co-sign-vs-gift fork, the ~$597k capacity figure, and the follow-up this brief answers
- [[2026-08-14-construction-to-permanent-loans-florida]] - the lender shortlist (Seacoast, TD, Goldwater, national OTC) and the jumbo-portfolio-or-nothing finding
- [[2026-08-19-jumbo-construction-perm-qualifying-envelope]] - sibling brief; how far the qualifying envelope actually moves, i.e. what the contingent PITI would be eating into
- [[2026-08-24-1099-to-w2-variable-income-continuity]] - the income side of the same underwrite
- [[2026-06-04-home-affordability-build-vs-buy]] - the "don't fund both in the same window" constraint
- [[readme]] - Home Rebuild 2027 project; Critical Open Question #1
- [[milestones]] - the Q1 2027 gate and the 2027-04-30 / 2027-06-15 closing sequence this brief bears on
Sources
- Fannie Mae Selling Guide B3-6-05, Monthly Debt Obligations (effective 08/05/2026) - https://selling-guide.fanniemae.com/sel/b3-6-05/monthly-debt-obligations (primary source; "Debts Paid by Others" conditions, 12-month canceled-check requirement, interested-party and rental-income carve-outs)
- Fannie Mae Selling Guide B2-2-03, Multiple Financed Properties (referenced via B3-6-05 for the financed-property count)
- Axos Bank, Single Family Residential Prime Jumbo Mortgage Program, Underwriting Guidelines, effective March 24, 2025 - https://www.axos.com/documents/axos-prime-jumbo-guidelines (§1.1 Fannie fallback clause; §3.6 non-occupying borrower rules; §6.9.7 Co-signed Obligations / Contingent Liabilities; §9.3 43% DTI cap)
- CFPB, Qualified Mortgage Definition Under TILA (Regulation Z): General QM Loan Definition, final rule, 85 FR (Dec 29, 2020) - https://www.federalregister.gov/documents/2020/12/29/2020-27567/qualified-mortgage-definition-under-the-truth-in-lending-act-regulation-z-general-qm-loan-definition (Appendix Q removal, price-based thresholds, verification safe harbor referencing the GSE/FHA/VA/USDA guides)
- Congressional Research Service, "The Qualified Mortgage (QM) Rule and Recent Revisions," IF11761 - https://www.congress.gov/crs-product/IF11761 (consider-and-verify obligations under 12 CFR 1026.43(c))
- NOT RETRIEVED (flagged): Merchants Bank Jumbo Elite Underwriting Guide v1.9 (08/27/25) - https://bankmerchants.com/wp-content/uploads/2025/09/Jumbo-Guidelines_08.27.25_v.1.9.pdf returned HTTP 404. Search-snippet language on contingent liability is uncorroborated and is not relied on above.
- NOT AVAILABLE: Seacoast Bank, TD Bank, and Goldwater Bank publish no underwriting guidelines for their construction-to-permanent jumbo programs. Their overlay treatment of contingent liabilities is not determinable from public sources; see the Direct-inquiry script.
- Vault: 06-reference/research/2026-08-19-asset-depletion-mortgage-qualification.md
- Vault: 06-reference/research/2026-08-14-construction-to-permanent-loans-florida.md
- Vault: 06-reference/research/2026-08-19-jumbo-construction-perm-qualifying-envelope.md
- Vault: 06-reference/research/2026-08-24-1099-to-w2-variable-income-continuity.md
- Vault: 04-finance/2026-06-04-home-affordability-build-vs-buy.md
- Vault: 01-projects/home-rebuild-2027/readme.md
- Vault: 01-projects/home-rebuild-2027/milestones.md