A Community Seconds loan is a second mortgage, usually from a government agency, housing finance agency, nonprofit or employer, that helps pay your down payment or closing costs, and that sits behind a conventional first mortgage sold to Fannie Mae. Fannie Mae sets the rules in Selling Guide B5-5.1-02. The key points: the provider must be an eligible public or nonprofit source, not the seller; the combined loan-to-value can go up to 105 percent; and the first mortgage must be a fixed rate or an ARM with an initial fixed period of five years or more (Fannie Mae B5-5.1-02). Many down payment assistance seconds are structured to fit this standard.
Fannie Mae limits providers to specific entities, including:
The provider must not be the seller or another interested party in the transaction, except in shared equity or sweat equity programs. A second funded by the seller for one sale is not a Community Second. It is treated as a seller contribution.
Some Community Seconds do not advance cash at all. They record the difference between market value and a reduced sales price as a subsidy, often deferred and forgivable, with resale requirements.
Freddie Mac has a similar standard called Affordable Seconds (Freddie Mac).
In Texas, state programs from TDHCA and TSAHC offer down payment assistance in several forms, including deferred or forgivable second liens and grants, depending on the program (TDHCA; TSAHC). Each program has its own income, price and lender participation rules, and funding changes. See down payment assistance in Texas and TDHCA My First Texas Home. Whether a particular second qualifies as a Community Second is checked on the actual program documents, not assumed.
Fictional example: a buyer uses a conventional fixed-rate first mortgage and a deferred second lien from a state housing agency for part of the down payment. The first mortgage loan-to-value fits its own limit, and the two loans together come in under 105 percent of value. The lender reviews the second's note, confirms the agency is an eligible provider and that no part of the second is funded by the seller or by premium pricing on the first, and includes the second in the combined ratio. Both liens are recorded and disclosed.
If you are looking at a down payment assistance second, I can check how it fits with the first mortgage before you commit to a program. Book a call, or start an application.
Links checked Oct 21, 2026.
About the author: McKade Lively, NMLS 2704474, American Pacific Mortgage Corporation dba True North Home Loans, NMLS 1850.
Equal Housing Opportunity.
Last reviewed: Oct 2026