E-3.1-01, General Servicing Requirements Related to Foreclosure Proceedings (11/12/2014)
Absent any restrictive language, the same policy or requirement applies for all mortgage loans Fannie Mae has purchased or securitized as standard transactions.
Occasionally, Fannie Mae may address the need for a special servicing option MBS mortgage loan to be handled in a different manner than other mortgage loans serviced for Fannie Mae. Under no circumstances should the servicer of a regular servicing option MBS mortgage loan interpret the content of this chapter as relieving it of its responsibilities and obligations for conducting the foreclosure proceedings and disposing of the acquired property, including the absorption of all costs and any related losses.
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(Published: July 10 2024 )
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- Part A Doing Business with Fannie Mae
- Subpart A1, Contractual Obligations
- Chapter A1-1, Understanding the Lender Contract
- A1-1-01, Application and Approval of Seller/Servicer
- A1-1-02, Representation and Warranty Requirements
- A1-1-03, Evaluating a Servicer’s Performance
- A1-2-01, Servicer’s Termination of the Lender Contract
- A1-2-02, Fannie Mae’s Termination of the Lender Contract without Cause
- A1-3-01, Requirements for Voluntary Repurchase
- A1-3-02, Fannie Mae-Initiated Repurchases, Indemnifications, Make Whole Payment Requests and Deferred Payment Obligations
- A1-3-03, Repurchase Obligations Related to Bifurcated Mortgage Loans
- A1-3-04, Reporting the Repurchase
- A1-3-05, Redelivering a Mortgage Loan
- A1-3-06, Automatic Reclassification of MBS Mortgage Loans
- Section A1-4.1, Remedies Available to Fannie Mae
- A1-4.1-01, Defining a Breach of Contract
- A1-4.1-02, Fannie Mae’s Remedies
- A1-4.2-01, Compensatory Fees Other Than Delays in the Liquidation Process
- A1-4.2-02, Compensatory Fees for Delays in the Liquidation Process
- Chapter A2-1, Servicer Duties and Responsibilities
- A2-1-01, General Servicer Duties and Responsibilities
- A2-1-02, Servicer’s Duties and Responsibilities Related to MBS Mortgage Loans
- A2-1-03, Servicer's Duties and Responsibilities Related to Mortgage Loans with Resale Restrictions or Shared Equity Transactions
- A2-1-04, Execution of Legal Documents
- A2-1-05, Note Holder Status for Legal Proceedings Conducted in the Servicer’s Name
- A2-1-06, Use of Fannie Mae Trademarks
- A2-1-07, Subservicing
- A2-1-08, First Lien Mortgage Loan Requirements
- A2-1-09, Compliance with Requirements and Laws
- A2-2-01, Refinance and Lending Practices
- A2-3-01, Servicer Compensation
- A2-3-02, Servicing Fees for Portfolio and MBS Mortgage Loans
- A2-3-03, Yield Differential Adjustments
- A2-3-04, Late Charges as Compensation
- A2-3-05, Fees for Certain Servicing Activities
- A2-3-06, Prepayment Premiums
- A2-4-01, Quality Control Reviews
- A2-5-01, Ownership and Retention of Individual Mortgage Loan Files and Records
- A2-6-01, Custodial Documents
- A2-7-01, Concurrent Servicing Transfers
- A2-7-02, Pledge of Servicing Rights and Transfer of Interest in Servicing Income
- A2-7-03, Post-Delivery Servicing Transfers
- A2-8-01, Mortgage Electronic Registration System
- A2-9-01, General Requirements
- A2-9-02, Special Provision for Puerto Rico
- Chapter A3-1, Maintaining Fannie Mae Seller/Servicer Status
- A3-1-01, Maintaining Fannie Mae Seller/Servicer Status
- Chapter A4-1, Establishing and Implementing Internal Operations for All Mortgage Loans and Acquired Properties
- A4-1-01, Staffing, Training, Procedures, and Quality Control Requirements
- A4-1-02, Establishing Custodial Bank Accounts
- A4-1-03, Addressing Borrower Inquiries and Disputes
- Section A4-2.1, Establishing Default Management Strategies
- A4-2.1-01, Preventing Defaults and Managing Delinquencies
- A4-2.1-02, Property Inspection Vendor Management and Oversight
- A4-2.1-03, Managing Short Sales
- A4-2.1-04, Establishing Contact with the Borrower
- A4-2.1-05, Requirements for Collection and Foreclosure Prevention Strategies Unique to Second Lien Mortgage Loans
- A4-2.1-06, Adverse Action Notification Certification
- A4-2.1-07, Servicer's Duties and Responsibilities Related to Mortgage Loans with an Outstanding Non-Interest-Bearing Balance
- A4-2.2-01, Selecting and Retaining Law Firms
- A4-2.2-02, Law Firm Management and Oversight
- A4-2.2-03, Prohibition Against Servicer-Specified Vendors for Fannie Mae Referrals, Use of Vendors, and Outsourcing Companies
- A4-2.2-04, Law Firm Suspensions, Matter Transfers, and Terminations
- Chapter B-1, Escrow Account Administration
- B-1-01, Administering an Escrow Account and Paying Expenses
- B-2-01, Property Insurance Requirements Applicable to All Property Types
- B-2-02, Property Insurance Requirements for One- to Four-Unit Properties
- B-2-03, Master Property Insurance Requirements for Project Developments
- B-2-04, Individual Property Insurance Requirements for Units in Project Developments
- B-3-01, Flood Insurance Requirements Applicable to All Property Types
- B-4-01, Additional Insurance Requirements
- B-5-01, Insured Loss Events
- B-5-02, Uninsured Loss Events
- B-6-01, Lender-Placed Insurance Requirements
- B-7-01, General Liability Insurance Requirements for Project Developments
- B-7-02, Fidelity/Crime Insurance Requirements for Project Developments
- Section B-8.1, Conventional Mortgage Insurance Requirements
- B-8.1-01, Conventional Mortgage Insurance Servicer Responsibilities
- B-8.1-02, Paying Conventional Mortgage Insurance Premiums
- B-8.1-03, Replacing Conventional Mortgage Insurance Policies
- B-8.1-04, Termination of Conventional Mortgage Insurance
- B-8.2-01, FHA Mortgage Insurance Coverage Requirements
- B-8.2-02, Conversion of FHA Coinsured Mortgage Loans to Full Insurance
- B-8.2-03, Termination or Cancellation of FHA Mortgage Insurance and FHA Mortgage Insurance Premium
- Chapter C-1, Processing Mortgage Loan Payments
- Section C-1.1, Processing Scheduled Mortgage Loan Payments
- C-1.1-01, Servicer Responsibilities for Processing Mortgage Loan Payments
- C-1.1-02, Processing Payment Shortages or Funds Received When a Mortgage Loan Modification Is Pending
- C-1.1-03, Automatically Drafting Payments from the Borrower’s Bank Account
- C-1.1-04, Accepting Biweekly Payments from Third-Party Payment Contractors
- C-1.2-01, Processing Additional Principal Payments
- C-1.2-02, Processing Short Sale Proceeds
- C-1.2-03, Processing Payments in Full
- C-1.2-04, Satisfying the Mortgage Loan and Releasing the Lien
- C-1.2-05, Charging for a Release of Lien
- Section C-2.1, Processing ARM Loan Payments
- C-2.1-01, Responsibilities for ARM Loan Servicing
- C-2.1-02, Notifying the Borrower Regarding Interest Rate and/or Payment Changes
- C-2.2-01, Identifying and Disclosing Adjustment Errors
- C-2.2-02, Assuming Responsibility for Conversion Notice Errors
- C-2.2-03, Determining Whether to Provide a Refund or Credit for Overcharges
- C-2.3-01, Processing ARM Conversions to Fixed Rate Mortgage Loans
- C-2.3-02, Notifying Fannie Mae of Conversions for Portfolio Mortgage Loans
- C-2.3-03, Repurchasing Converted MBS Mortgage Loans and Redelivering Them to Fannie Mae
- C-3-01, Responsibilities Related to Remitting P&I Funds to Fannie Mae
- C-3-02, Remitting Payoff Proceeds
- Section C-4.1, Credit Bureau Reporting Requirements
- C-4.1-01, Notifying Credit Repositories
- C-4.2-01, Filing IRS Forms
- C-4.3-01, Servicer Responsibilities Related to Investor Reporting
- Subpart D1, Assisting the Borrower with Property-Related Issues and Legal Actions
- Chapter D1-1, Requests for the Release of Property and/or Charge-Off of a Mortgage Loan
- D1-1-01, Evaluating a Request for the Release, or Partial Release, of Property Securing a Mortgage Loan
- D1-1-02, Evaluating a First Lien Mortgage Loan for Charge-Off and Release of Lien
- D1-1-03, Evaluating a Second Lien Mortgage Charge-Off
- D1-2-01, Renovation Mortgage Loans
- D1-3-01, Evaluating the Impact of a Disaster Event and Assisting a Borrower
- Section D1-4.1, Information Relating to Transfers of Ownership Applicable to All Mortgage Loans
- D1-4.1-01, Determining Whether a Transfer of Ownership Is Permitted
- D1-4.1-02, Allowable Exemptions Due to the Type of Transfer
- D1-4.1-03, Allowable Exceptions Due to State Law Restrictions (“Window-Period” Mortgage Loans)
- D1-4.1-04, Transfers of Ownership by Grant Deed
- D1-4.1-05, Enforcing the Due-on-Sale (or Due-on-Transfer) Provision
- D1-4.2-01, Conventional Mortgage Loans that Do Not Include a Due-on-Sale (or Due-on-Transfer) Provision
- D1-4.2-02, Conventional Mortgage Loans That Include a Due- on-Sale (or Due-on-Transfer) Provision
- D1-4.3-01, Transfers of Ownership on FHA and VA Mortgage Loans
- D1-4.3-02, Transfers of Ownership on RD Mortgage Loans
- D1-5-01, Call Options and Cross-Default Provisions
- D1-6-01, Requesting to Waive Certain Rights under the Mortgage Loan
- D1-6-02, Handling Notices of Liens, Legal Action, Other Actions Impacting Fannie Mae’s Interest
- D1-6-03, Handling Property Forfeitures and Seizures
- Chapter D2-1, Working with a Borrower Who is Facing Default
- D2-1-01, Determining if the Borrower’s Mortgage Payment is in Imminent Default
- D2-2-01, Achieving Quality Right Party Contact with a Borrower
- D2-2-02, Outbound Contact Attempt Requirements
- D2-2-03, Sending a Payment Reminder Notice
- D2-2-04, Sending a Borrower a Solicitation Package for a Workout Option
- D2-2-05, Receiving a Borrower Response Package
- D2-2-06, Sending a Breach or Acceleration Letter
- D2-2-07, Resolving an Appeal of a Mortgage Loan Modification Trial Period Plan Denial for a Principal Residence
- D2-2-08, Interviewing Face-to-Face with a Borrower for Certain FHA and HUD Mortgage Loans
- D2-2-09, Additional Borrower Contact Requirements for the Servicer of a Second Lien Mortgage Loan
- D2-2-10, Requirements for Performing Property Inspections
- Section D2-3.1, Preparing to Implement a Home Retention or Liquidation Workout Option
- D2-3.1-01, Determining the Appropriate Workout Option
- D2-3.1-02, Conditions of a First and Second Lien Mortgage Loan Modification for an MBS Mortgage Loan
- D2-3.1-03, Working with a Borrower that has a Group Home Mortgage Loan
- D2-3.1-04, Offering a Workout Option When Also Servicing a Subordinate Lien Mortgage Loan
- D2-3.1-05, Interacting with Mortgage Assistance Fund Program Providers
- D2-3.1-06, Notifying Fannie Mae of Lead-Based Paint Citations
- D2-3.2-01, Forbearance Plan
- D2-3.2-02, Repayment Plan
- D2-3.2-03, Government Mortgage Loan Modifications
- D2-3.2-04, Payment Deferral
- D2-3.2-05, Disaster Payment Deferral
- D2-3.2-06, Fannie Mae Flex Modification
- D2-3.3-01, Fannie Mae Short Sale
- D2-3.3-02, Fannie Mae Mortgage Release (Deed-in-Lieu of Foreclosure)
- D2-3.4-01, Military Indulgence
- D2-3.4-02, Offering a Mortgage Release (Deed-in-Lieu of Foreclosure) for a Second Lien Mortgage Loan
- D2-3.4-03, Assignment of a Mortgage Loan to the Insurer or Guarantor
- D2-3.4-04, Qualifying Mortgage Assumption Workout Option
- D2-4-01, Reporting a Delinquent Mortgage Loan to Fannie Mae
- D2-4-02, Reporting a Workout Option to Fannie Mae
- D2-4-03, Reporting Certain Workout Options to Treasury
- Chapter E-1, Referring Default-Related Legal Matters and Non-Routine Litigation to Law Firms
- Section E-1.1, Referring a Mortgage Loan to a Law Firm
- E-1.1-01, General Requirements for Referring a Mortgage Loan to a Law Firm
- E-1.1-02, Required Referral Documents
- E-1.1-03, Required Referral Data
- E-1.2-01, Timing of the Bankruptcy Referral
- E-1.2-02, Timing of the Foreclosure Referral for Mortgage Loans Generally
- E-1.2-03, Timing of the Foreclosure Referral for Second Lien Conventional Mortgage Loans Not Secured by a Principal Residence
- E-1.2-04, Timing of the Foreclosure Referral for Government Mortgage Loans
- E-1.3-01, General Servicer Responsibilities for Non-Routine Matters
- E-1.3-02, Reporting Non-Routine Litigation to Fannie Mae
- E-1.3-03, Reporting “Legal Filings” to MERS
- Section E-2.1, Bankruptcy Proceedings in General
- E-2.1-01, General Servicing Requirements for Mortgage Loans Under Bankruptcy Protection
- E-2.1-02, Confirming Bankruptcy Information
- E-2.1-03, Suspending Debt Collection Efforts
- E-2.1-04, Expected Servicer/Attorney Interaction During Bankruptcy Proceedings
- E-2.1-05, Filing a Notice of Appearance and Sending Proper Notices
- E-2.1-06, Reviewing Bankruptcy Reorganization Plans
- E-2.1-07, Preparing and Filing a Proof of Claim
- E-2.1-08, Monitoring Borrower Payments and Critical Dates
- E-2.1-09, Identifying Workout Opportunities
- E-2.1-10, Dealing with Delays in the Bankruptcy Process
- E-2.1-11, Remitting P&I for MBS Mortgage Loans That Are Part of a Bankruptcy
- E-2.2-01, Managing Chapter 7 Bankruptcies
- E-2.2-02, Managing Chapter 11 Bankruptcies
- E-2.2-03, Managing Chapter 12 Bankruptcies
- E-2.2-04, Managing Chapter 13 Bankruptcies
- E-2.3-01, Identifying Abusive Filers
- E-2.3-02, Addressing Individuals with Fractional Interests in a Security Property
- E-2.3-03, Handling Cramdowns of the Mortgage Debt
- E-2.3-04, Bankruptcies Involving Mortgage Loans Secured by Investment Properties
- E-2.3-05, Bankruptcies Involving Multiple Fannie Mae Mortgage Loans
- E-2.3-06, Responding to Bankruptcies Identified After Foreclosure Sale
- E-2.3-07, Cross-Border Insolvency Proceedings
- Section E-3.1, Foreclosure Proceedings in General
- E-3.1-01, General Servicing Requirements Related to Foreclosure Proceedings
- E-3.1-02, Performing Due Diligence Prior to Considering Foreclosure
- E-3.1-03, Fannie Mae Address for Instruments of Record
- E-3.1-04, Addressing a Bankruptcy Filed During Active Foreclosure
- E-3.2-01, Conducting Prereferral Review
- E-3.2-02, Initiating Foreclosure Proceedings on a First Lien Conventional Mortgage Loan
- E-3.2-03, Initiating Foreclosure Proceedings on a Second Lien Conventional Mortgage Loan
- E-3.2-04, Postponing Foreclosure Referral for Mortgage Loans Not Secured by a Principal Residence
- E-3.2-05, Expected Servicer/Attorney Interaction During Foreclosure Proceedings
- E-3.2-06, Conducting Borrower Outreach During Foreclosure
- E-3.2-07, Impact of Engagement with a Mortgage Assistance Fund Program Provider
- E-3.2-08, Processing Reinstatements During Foreclosure
- E-3.2-09, Conducting Foreclosure Proceedings
- E-3.2-10, Paying Certain Expenses During the Foreclosure Process
- E-3.2-11, Collecting Under an Assignment of Rents
- E-3.2-12, Performing Property Preservation During Foreclosure Proceedings
- E-3.2-13, Addressing Title Defects Generally
- E-3.2-14, Addressing Title Defects for Bifurcated Mortgage Loans
- E-3.2-15, Allowable Time Frames for Completing Foreclosure
- E-3.3-01, Completing Preforeclosure Sale Review
- E-3.3-02, Certifying the Status of Workout Negotiations Prior to Foreclosure Sale
- E-3.3-03, Inspecting Properties Prior to Foreclosure Sale
- E-3.3-04, Marketing the Foreclosure Sale and Using Foreclosure Auction Services
- E-3.3-05, Issuing Bidding Instructions
- E-3.3-06, Handling a Suspension or Reduction of the Redemption Period
- E-3.3-07, Pursuing a Deficiency Judgment
- E-3.4-01, Suspending Foreclosure Proceedings for Workout Negotiations
- E-3.4-02, Canceling the Foreclosure Sale for a Completed Workout
- E-3.5-01, Foreclosure of a Property Securing an MBS Mortgage Loan
- E-3.5-02, Handling Third-Party Sales
- E-3.5-03, Providing Evidence of Title
- Section E-4.1, Notifying Fannie Mae of Property Acquisitions
- E-4.1-01, Notifying Fannie Mae of an Acquired Property
- E-4.1-02, Eliminations and Rescissions of Foreclosure Sales
- E-4.2-01, Completing Conveyance Documents
- E-4.2-02, Handling Reconveyance to the Insurer or Guarantor
- E-4.3-01, Managing the Property Post-Foreclosure Sale
- E-4.3-02, Inspecting Properties Post-Foreclosure Sale
- E-4.3-03, The Broker's, Agent's, or Property Management Company's Responsibilities
- E-4.3-04, Handling Eviction Proceedings
- E-4.4-01, Continuing or Canceling Property Insurance Coverage
- E-4.4-02, Remitting Property Insurance Settlement Proceeds or Unearned Premium Refunds
- E-4.4-03, Canceling Flood Insurance Coverage for Acquired Properties
- E-4.4-04, Remitting Flood Insurance Settlement Proceeds or Unearned Premium Refunds
- E-4.5-01, Filing MI Claims for Conventional Mortgage Loans or for Other Mortgage Loans for which Fannie Mae Bears the Risk of Loss
- E-4.5-02, Filing MI Claims for FHA Mortgage Loans
- E-4.5-03, Filing MI Claims for FHA Coinsured Mortgage Loans
- E-4.5-04, Filing MI Claims for FHA Title I Loans
- E-4.5-05, Filing MI Claims for HUD Section 184 Mortgage Loans
- E-4.5-06, Filing MI Claims for VA Mortgage Loans
- E-4.5-07, Filing MI Claims for RD Mortgage Loans
- E-5-01, Requesting Reimbursement for Expenses
- E-5-02, Servicer Responsibilities Prior to Requesting Reimbursement of Attorney Fees and Costs
- E-5-03, Allowable Bankruptcy Fees
- E-5-04, Allowable Foreclosure Fees
- E-5-05, Reimbursing Law Firms/Reimbursement of Uncollected Fees, Costs or Advances
- E-5-06, Technology Fees and Electronic Invoicing
- E-5-07, Other Reimbursable Default-Related Legal Expenses
- Chapter F-1, Servicing Guide Procedures
- F-1-01, Servicing ARM Loans
- F-1-02, Escrow, Taxes, Assessments, and Insurance
- F-1-03, Establishing and Implementing Custodial Accounts
- F-1-04, Evaluating a Request for the Release, or Partial Release, of Property Securing a Mortgage Loan
- F-1-05, Expense Reimbursement
- F-1-06, Filing an MI Claim for a Liquidated Mortgage Loan or Acquired Property
- F-1-07, Handling Property Forfeitures and Seizures
- F-1-08, Managing Foreclosure Proceedings
- F-1-09, Processing Mortgage Loan Payments and Payoffs
- F-1-10, Obtaining and Executing Legal Documents
- F-1-11, Post-Delivery Servicing Transfers
- F-1-12, Preparing to Implement a Workout Option
- F-1-13, Processing a Fannie Mae Mortgage Release (Deed-In-Lieu of Foreclosure)
- F-1-14, Processing a Fannie Mae Short Sale
- F-1-15, Processing a Government Mortgage Loan Modification
- F-1-16, Processing a Repayment Plan
- F-1-17, Processing a Transfer of Ownership
- F-1-18, Processing a Workout Incentive Fee
- F-1-19, Processing a Military Indulgence
- F-1-20, Remitting and Accounting to Fannie Mae
- F-1-21, Reporting a Delinquent Mortgage Loan via Fannie Mae’s Servicing Solutions System
- F-1-22, Reporting a Workout Option via Fannie Mae’s Servicing Solutions System
- F-1-23, Reporting to Third Parties
- F-1-24, Requesting Fannie Mae’s Approval via Fannie Mae’s Servicing Solutions System
- F-1-25, Reclassifying or Voluntary Repurchasing an MBS Mortgage Loan
- F-1-26, Servicing eMortgages
- F-1-27, Processing a Fannie Mae Flex Modification
- F-1-28, Reviewing a Transfer of Ownership for Credit and Financial Capacity
- F-2-01, Bankruptcy Referral and Completion Timelines
- F-2-02, Incentive Fees for Workout Options
- F-2-03, Compensatory Fee Calculation Examples
- F-2-04, Firm Minimum Requirements
- F-2-05, Historical Yield Differential Adjustment Provisions
- F-2-06, Mortgage Insurer Delegations for Workout Options
- F-2-07, Reporting the Principal Amount for Mortgage Loans with Principal Forbearance
- F-2-08, Servicing Fees for MBS Mortgage Loans
- F-2-09, Servicing Fees for Portfolio Mortgage Loans
- F-2-10, Fannie Mae’s Workout Hierarchy
- F-3-01, Acronyms and Glossary of Defined Terms: A
- F-3-02, Acronyms and Glossary of Defined Terms: B
- F-3-03, Acronyms and Glossary of Defined Terms: C
- F-3-04, Acronyms and Glossary of Defined Terms: D
- F-3-05, Acronyms and Glossary of Defined Terms: E
- F-3-06, Acronyms and Glossary of Defined Terms: F
- F-3-07, Acronyms and Glossary of Defined Terms: G
- F-3-08, Acronyms and Glossary of Defined Terms: H
- F-3-09, Acronyms and Glossary of Defined Terms: I
- F-3-10, Acronyms and Glossary of Defined Terms: J
- F-3-11, Acronyms and Glossary of Defined Terms: K
- F-3-12, Acronyms and Glossary of Defined Terms: L
- F-3-13, Acronyms and Glossary of Defined Terms: M
- F-3-14, Acronyms and Glossary of Defined Terms: N
- F-3-15, Acronyms and Glossary of Defined Terms: O
- F-3-16, Acronyms and Glossary of Defined Terms: P
- F-3-17, Acronyms and Glossary of Defined Terms: Q
- F-3-18, Acronyms and Glossary of Defined Terms: R
- F-3-19, Acronyms and Glossary of Defined Terms: S
- F-3-20, Acronyms and Glossary of Defined Terms: T
- F-3-21, Acronyms and Glossary of Defined Terms: U
- F-3-22, Acronyms and Glossary of Defined Terms: V
- F-3-23, Acronyms and Glossary of Defined Terms: W
- F-3-24, Acronyms and Glossary of Defined Terms: X
- F-3-25, Acronyms and Glossary of Defined Terms: Y
- F-3-26, Acronyms and Glossary of Defined Terms: Z
- F-4-01, References to Fannie Mae's Website
- F-4-02, List of Contacts
- F-4-03, List of Lender Contracts