Freddie Mac Single-Family Seller/Servicer Guide Section 1402.5 — Servicing eMortgages

Freddie Mac Single-Family Seller/Servicer Guide Section 1402.5 — Servicing eMortgages

1402.5: Servicing eMortgages (12/17/25) This section contains requirements related to: ■ Servicing eMortgages ■ Servicing performing eMortgages ■ Servicing non-performing eMortgages ■ Mortgage File Documents management ■ Transfer of Servicing involving eMortgages ■ Special eMortgage Servicing representations and warranties ■ Voluntary eMortgage repurchase request Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-37 ■ New York CEMA Refinance of New York eMortgage (a) Servicing eMortgages The Servicing requirements of this chapter are applicable only to the Servicing of eMortgages. Seller/Servicers must not apply any of the requirements set forth in this chapter to a non-eMortgage, but rather, should continue Servicing such Mortgages in accordance with all other applicable Servicing requirements of the Servicing Contract, the Guide and any other applicable Purchase Documents. (i) Becoming an eMortgage Servicer To become an eMortgage Servicer for Freddie Mac, the Seller/Servicer must contact its Freddie Mac account representative to determine its eligibility and obtain Freddie Mac’s prior written approval. Freddie Mac’s approval of a Seller/Servicer to service eMortgages for Freddie Mac does not necessarily mean that the Seller/Servicer will also be approved as a Seller of eMortgages to Freddie Mac or vice versa. The approval process to sell eMortgages is set forth in Sections 1402.1 through 1402.3. Note: An approved Servicer of eMortgages may only engage in a Transfer of Servicing involving eMortgages in accordance with Section 1402.5(e)(i). To obtain and maintain approval to service eMortgages, a Seller/Servicer shall at all times meet the following requirements or use the services of a Freddie Mac-approved eMortgage Servicer as a Servicing Agent: 1. Be a MERS eDelivery and MERS eRegistry participant 2. Have a Freddie Mac-reviewed eNote Vault System. (See Section 1402.2 for eNote Vault System requirements, eNote Vault initial and ongoing review requirements and notice of significant change requirements.) The eNote Vault System must have the ability to: a. Maintain a Copy of the Authoritative Copy of the eNote and its Tamper Evident Seal for the life of the eMortgage plus seven years b. Identify and track all eMortgages that the Seller/Servicer services for Freddie Mac c. Record all status changes and required actions that occur during the life of the eMortgage in the MERS® eRegistry d. Accept an offer of change of Control from Freddie Mac, in the event of a foreclosure or other Freddie Mac Default Legal Matters with respect to an Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-38 eMortgage, as applicable e. Create an offer of change of Control to Freddie Mac, in the event of termination of a foreclosure or other Freddie Mac Default Legal Matters with respect to an eMortgage, as applicable f. Confirm that the MERS eRegistry accurately reflects the Controller and Location at all times g. Accept a transfer of the Authoritative Copy of the eNote from Freddie Mac’s eNote Vault System using MERS eDelivery, in the event of an eMortgage repurchase by the Seller/Servicer h. Securely store Electronic copies of Mortgage File Documents. Note: A Seller/Servicer can store all Electronic Mortgage File Documents in its eNote Vault System, if the eNote Vault System allows such storage. If the eNote Vault System does not permit storage of Electronic Mortgage File Documents other than the eNote, the Seller/Servicer must have a secure eStorage System for storing such documents. See Section 1402.3(c)(iv) for eStorage System requirements. 3. Have written eMortgage Servicing policies and procedures in place 4. Meet any other eMortgage requirements imposed by Freddie Mac Freddie Mac may exercise any and all of its rights under the Guide and applicable Purchase Documents, including, without limitation, the right set forth in Section 3603.1(a) to terminate for cause a Seller/Servicer’s Servicing Contract, in whole or in part, if the Seller/Servicer fails to continue to meet the eligibility requirements set forth above, including, but not limited to, the Seller/Servicer’s MERS eRegistry participation (or their Servicing Agent’s MERS eRegistry participation, if applicable) being terminated or if the Seller/Servicer is unable to record status changes and required actions that occur during the life of the eMortgage in the MERS eRegistry. Upon such termination, the Seller/Servicer agrees to facilitate a Transfer of Servicing of Freddie Mac’s eMortgages to Freddie Mac’s designated eMortgage Servicer at Seller/Servicer’s own expense. (ii) Becoming an eMortgage Servicing Agent Subject to Chapter 8102, a Seller/Servicer approved to service eMortgages for Freddie Mac may, as a Master Servicer, engage a Servicer as its Servicing Agent to service such eMortgages. Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-39 An eMortgage Servicing Agent is not required to obtain separate approval to service eMortgages, provided the eMortgage Servicing Agent uses the Master Servicer’s Freddie Mac-reviewed eNote Vault System and Servicing staff to record status changes and required actions that occur during the life of the eMortgage in the MERS eRegistry and to create/accept offers of change of Control and Location requests, as applicable, during the Servicing of an eMortgage. However, if an eMortgage Servicing Agent intends on using its own eNote Vault System, the eMortgage Servicing Agent must: ■ Obtain separate approval to service eMortgages for Freddie Mac ■ Ensure its eNote Vault System complies with the requirements of this chapter ■ Have written eMortgage Servicing policies and procedures in place Regardless of the eNote Vault System used by the eMortgage Servicing Agent, the Master Servicer and the eMortgage Servicing Agent must have obtained Freddie Mac’s approval of their fully executed Form 479A, Single-Family Servicing Agent Certification and Agreement, with an effective date on or after September 18, 2018. For a Master Servicer and its eMortgage Servicing Agent that have been approved by Freddie Mac based on their submission of Form 479A with an effective date prior to September 18, 2018, the Master Servicer and its eMortgage Servicing Agent must execute a new Form 479A and submit it to Freddie Mac and obtain Freddie Mac’s prior approval in accordance with Section 8102.1. Consistent with Section 8201.1, a Master Servicer may use only one eMortgage Servicing Agent for eMortgages being serviced under a particular Freddie Mac Seller/Servicer number at any one time. Freddie Mac’s approval of an eMortgage Servicing Agent is limited to the Master Servicer designated on the approved Form 479A. Before an eMortgage Servicing Agent can subservice eMortgages for another Master Servicer, a separate fully executed Form 479A must be submitted to obtain Freddie Mac’s prior written approval. (b) Servicing performing eMortgages (i) eMortgage recast modification requirements Upon a recast modification of an eMortgage under Section 8103.3(d), the Seller/Servicer must update the MERS® eRegistry to provide notice of the modification agreement. (A) Paper modification agreement If the modification of an eMortgage is memorialized in a paper modification agreement, the Seller/Servicer must adhere to the requirements in Section 9206.4(b). Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-40 If the Document Custodian receiving the original paper modification agreement requires a copy of the eNote, the Seller/Servicer must print a paper copy from the eNote Vault and deliver it to the Document Custodian. The Seller/Servicer may not convert the eNote into a paper note. (B) eModification Agreement If the modification of an eMortgage is memorialized in an eModification, the Seller/Servicer must comply with the following requirements: ■ Create and execute the eModification Agreement on a SMART Document version that meets the MERS eRegistry requirements ■ Register the eModification Agreement with the MERS eRegistry to associate the eModification Agreement with the previously registered eNote ■ Ensure that the MIN assigned to the eModification Agreement is the same as the MIN assigned to the previously registered eNote ■ Ensure that the signing platform has a robust audit trail of all key events starting from the creation of the eModification Agreement through and including the Borrower and Seller/Servicer execution that the Seller/Servicer can reproduce upon request by Freddie Mac (C) Delivery requirements The following table describes the eModification Agreement delivery instructions for performing loans: Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-41 eModification Agreement delivery instructions Recordation requirement Action and delivery timeline If the eModification Agreement must be recorded and will not be recorded electronically 1. Deliver an Electronic copy of the executed eModification Agreement, by means of MERS eDelivery, to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if applicable) that contains the Authoritative Copy of the eNote within 25 days after receiving it from the Borrower. 2. Deliver an Electronic scanned copy of the recorded eModification Agreement, with recording information therein or Recording Confirmation by means of MERS eDelivery, to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if applicable) that contains the Authoritative Copy of the eNote within five Business Days of receipt. If the eModification Agreement must be recorded and will be recorded electronically 1. Deliver an Electronic copy of the executed eModification Agreement, by means of MERS eDelivery, to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if applicable) that contains the Authoritative Copy of the eNote within 25 days after receiving it from the Borrower. 2. Deliver an Electronic copy of the eModification Agreement, with recording information therein or Recording Confirmation by means of MERS eDelivery, to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if applicable) that contains the Authoritative Copy of the eNote within five Business Days of receipt. If the recordation is not required Deliver an Electronic copy of the executed eModification Agreement, by means of MERS eDelivery, to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if applicable) that contains the Authoritative Copy of the eNote within 25 days of receiving it from the Borrower. Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-42 Note: If MERS eDelivery is not available for delivery of the Electronic documents, delivery by other electronic means (e.g., e-mail) to Freddie Mac or the Freddie Mac- approved third-party eNote custodian is acceptable. If Freddie Mac is the eNote custodian, deliver the Electronic documents to [email protected]. (ii) Assumption of eMortgages Upon an assumption (with or without a release of liability) of an eMortgage under Chapter 8406, the Seller/Servicer must update the MERS eRegistry to provide notice of the assumption agreement. (iii)eMortgage payoffs In States that require the return of a paper Note marked “paid-in-full” upon payoff of an eMortgage, the Seller/Servicer must: 1. Provide the Borrower with a paper copy of the eNote (marked “Copy” and “paid-in-full”), and 2. Include a letter to the Borrower that explains they are receiving a paper copy of the eNote, originally registered in the MERS eRegistry, and that the Seller/Servicer has caused the eNote to be de-activated on the MERS eRegistry due to the eMortgage having been paid in full (iv) Conversion of the eNote to a paper Note No party, including the Seller/Servicer, may convert an eNote owned by Freddie Mac into a paper-based Note. A Seller/Servicer that needs to convert an eNote owned by Freddie Mac into a paper-based Note must contact [email protected] for Freddie Mac’s review. The one exception to this requirement is when a Seller/Servicer is Servicing an eMortgage originated in New York and the Borrower later wishes to refinance the eMortgage using the New York Consolidation, Modification and Extension Agreement (NYCEMA) process and documents. In such case, the Seller/Servicer must comply with the requirements in Section 1402.5(h). (c) Servicing non-performing eMortgages (i) Electronic Payment Deferral documents If an eMortgage is eligible for Payment Deferral in accordance with the requirements set forth in Chapter 9203, and if it is memorialized in a paper Payment Deferral Agreement, the Seller/Servicer must comply with the requirements set forth in Section 9203.4(f). Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-43 If the Payment Deferral is memorialized in an Electronic Payment Deferral Agreement, in addition to the requirements set forth in Section 9203.4(j), the Seller/Servicer must comply with the following delivery requirements: Payment Deferral Agreement Delivery Instructions Signature and recordation requirement Action and delivery timeline If the Borrower signature is not required Within 25 days of the effective date of the Payment Deferral, the Seller/Servicer must deliver an Electronic copy of the Seller/Servicer executed Electronic Payment Deferral Agreement, by means of MERS® eDelivery, to the Freddie Mac eVault (or to the eVault of the Freddie Mac- approved third-party eNote Custodian, if applicable) that contains the Authoritative Copy of the eNote. If the Borrower signature is required and recordation is not required Within 25 days of the effective date of the Payment Deferral, the Seller/Servicer must deliver an Electronic copy of the fully executed Electronic Payment Deferral Agreement, by means of MERS eDelivery, to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote Custodian, if applicable) that contains the Authoritative Copy of the eNote. If recordation is required, and will not be recorded electronically 1. Within 25 days of the effective date of the Payment Deferral, the Seller/Servicer must deliver an Electronic copy of the fully executed Electronic Payment Deferral Agreement by means of MERS eDelivery to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote Custodian, if applicable) that contains the Authoritative Copy of the eNote 2. Deliver an Electronic scanned copy of the recorded Electronic Payment Deferral Agreement with recording information therein or Recording Confirmation by means of MERS eDelivery to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third- party eNote Custodian, if applicable) that contains the Authoritative Copy of the eNote within five Business Days of receipt from the recorder’s office If recordation is required, and will be recorded electronically 1. Within 25 days of the effective date of the Payment Deferral, the Seller/Servicer must deliver an Electronic copy of the fully executed Electronic Payment Deferral Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-44 Agreement by means of MERS eDelivery to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote Custodian, if applicable) that contains the Authoritative Copy of the eNote 2. Deliver an electronically recorded Electronic Payment Deferral Agreement with recording information therein or Recording Confirmation by means of MERS eDelivery to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote Custodian, if applicable) that contains the Authoritative Copy of the eNote within five Business Days of receipt from the recorder’s office If MERS eDelivery is not available for delivery of the Electronic documents, delivery by Electronic means (e.g., e-mail) to Freddie Mac or the Freddie Mac-approved third- party eNote custodian is acceptable. If Freddie Mac is the eNote custodian, deliver the Electronic documents to [email protected]. (ii) eMortgage modification requirements Upon a modification of an eMortgage under Chapter 9206 or other applicable Purchase Documents, the Seller/Servicer must update the MERS® eRegistry to provide notice of the modification agreement. (A) Paper modification agreement If the modification of an eMortgage is memorialized in a paper modification agreement, the Seller/Servicer must comply with the requirements set forth in Section 9206.4(b). If the Document Custodian receiving the original paper modification agreement requires a copy of the eNote, the Seller/Servicer must print a paper copy from the eNote Vault and deliver it to the Document Custodian. The Seller/Servicer may not convert the eNote into a paper note. (B) eModification Agreement If the modification of an eMortgage is memorialized in an eModification Agreement, the Seller/Servicer must comply with the following requirements ■ Create and execute the eModification Agreement on a SMART Document version that meets the MERS eRegistry requirements ■ Register the eModification Agreement with the MERS eRegistry to associate the eModification Agreement with the previously registered eNote Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-45 ■ Assure that the MIN assigned to the eModification Agreement is the same as the MIN assigned to the previously registered eNote ■ Assure that the signing platform has a robust audit trail of all key events starting from the creation of the eModification Agreement through and including the Borrower and Seller/Servicer execution that the Seller/Servicer can reproduce upon request by Freddie Mac (C) Delivery requirements The following table describes the eModification Agreement delivery instructions for non-performing loans: eModification Agreement Delivery Instructions Recordation Requirement Action and delivery timelines If the eModification Agreement must be recorded and will not be recorded electronically 1. Deliver an Electronic copy of the executed eModification Agreement, by means of MERS eDelivery, to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if applicable) that contains the Authoritative Copy of the eNote within 25 days after receiving it from the Borrower. 2. Deliver an Electronic scanned copy of the recorded eModification Agreement, with recording information therein or Recording Confirmation by means of MERS eDelivery, to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if applicable) that contains the Authoritative Copy of the eNote within five Business Days of receipt. If the eModification Agreement must be recorded and will be recorded electronically 1. Deliver an Electronic copy of the executed eModification Agreement, by means of MERS eDelivery, to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if applicable) that contains the Authoritative Copy of the eNote within 25 days after receiving it from the Borrower. 2. Deliver an Electronic copy of the recorded eModification Agreement, with recording information therein or Recording Confirmation Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-46 by means of MERS eDelivery, to the Freddie Mac eVault (or to the eVault of the Freddie Mac- approved third-party eNote custodian, if applicable) that contains the Authoritative Copy of the eNote within 5 Business Days of receipt. If the recordation is not required Deliver an Electronic copy of the executed eModification Agreement, by means of MERS eDelivery, to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if applicable) that contains the Authoritative Copy of the eNote within 25 days after receiving it from the Borrower. Note: If MERS eDelivery is not available for delivery of the Electronic documents, delivery by electronic means (e.g., e-mail) to Freddie Mac or the Freddie Mac- approved third-party eNote custodian is acceptable. If Freddie Mac is the eNote custodian, deliver the Electronic documents to [email protected]. (iii)Workout Mortgage assumption of eMortgages Upon a workout Mortgage assumption (with or without a release of liability) of an eMortgage under Chapter 9207, the Seller/Servicer must update the MERS eRegistry to provide notice of the assumption agreement. (iv) Short sale or deed-in-lieu of foreclosure involving an eMortgage In States that require the return of a paper Note upon a short sale or deed-in-lieu of foreclosure involving an eMortgage, the Seller/Servicer must provide the Borrower with a Seller/Servicer certified paper copy of the eNote (marked “Copy” and “canceled”). In such States, the Seller/Servicer must deliver a letter to the Borrower explaining that the Borrower is receiving a paper copy of the eNote, originally registered in the MERS eRegistry, and that the Seller/Servicer has caused the eNote to be de-activated on the MERS eRegistry due to the eMortgage having been canceled as a result of the short sale or deed-in-lieu of foreclosure. (v) Foreclosure, bankruptcy or other legal proceedings In States requiring the Seller/Servicer to be the holder of an eNote prior to commencing foreclosure or to take legal action (such as responding to the bankruptcy of a Borrower, bringing or defending a lawsuit or other litigation relating to the maturity, prepayment, repurchase, substitution, conversion, modification, or assumption of a Mortgage or other Freddie Mac Default Legal Matters with respect to an eMortgage), the Seller/Servicer Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-47 must deliver Form 1036 to Freddie Mac or the Freddie Mac-approved third-party eNote custodian, as applicable, to request a change of Control of the eNote in the MERS eRegistry from Freddie Mac to the Seller/Servicer and if needed, change of Location in the MERS eRegistry from Freddie Mac or the Freddie Mac-approved third-party eNote custodian to the Seller/Servicer. If Freddie Mac is the eNote custodian, Form 1036 must be sent to Freddie Mac ([email protected]) at least three Business Days before the change of Control is needed. Once the Seller/Servicer’s request is confirmed, Freddie Mac or a Freddie Mac-approved third-party eNote custodian, as applicable, will create an offer of change of Control to the Seller/Servicer, which the Seller/Servicer must accept. Immediately upon Seller/Servicer’s acceptances of the offer of change of Control: i. Freddie Mac or the applicable Freddie Mac-approved third-party eNote custodian shall be automatically and conclusively deemed to be the Seller/Servicer’s designated custodian, as the term “designated custodian” is defined or described in the UETA and E-SIGN, and will maintain the eNote in its eNote Vault System, in trust, for the benefit of the Seller/Servicer; and ii. The Seller/Servicer shall be automatically and conclusively deemed to be the holder of such eNote, as the term “holder” is defined in Article 1 of the UCC, as enacted in the applicable State. The Seller/Servicer will be responsible for confirming that the Seller/Servicer is identified as the Controller of the eNote in the MERS eRegistry During the period for which the Seller/Servicer is identified as the Controller under this Section 1402.5(c)(v), Freddie Mac or the Freddie Mac-approved third-party eNote custodian, as applicable, will remain the Location in the MERS eRegistry and Freddie Mac or the applicable Freddie Mac-approved third-party eNote custodian shall maintain the Authoritative Copy of the eNote as the Seller/Servicer’s designated custodian, except where the Location was transferred to the Seller/Servicer. Freddie Mac shall at all times, however, be the owner or beneficial owner of the eNote. When the legal proceeding is concluded, the Seller/Servicer must promptly create an offer of change of Control of the eNote in the MERS eRegistry to Freddie Mac and change of Location to Freddie Mac or the Freddie Mac-approved third-party eNote custodian, as applicable. Upon Freddie Mac’s acceptance of the change of Control, Freddie Mac shall be the Controller, and Freddie Mac or the Freddie Mac-approved third-party eNote custodian, as applicable, shall automatically and immediately cease maintaining the eNote, in trust, for the benefit of the Seller/Servicer as its designated custodian and resume maintaining the eNote for Freddie Mac. If, at the conclusion of the legal proceeding, the loan is charged off, the Seller/Servicer must de-activate the eNote on the MERS eRegistry. (vi) Producing the eNote for legal proceedings Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-48 If the Seller/Servicer is required to produce a copy of the eNote for foreclosure or other Freddie Mac Default Legal Matters with respect to an eMortgage, the Seller/Servicer must produce a Seller/Servicer certified paper copy of the eNote (marked “Copy”) together with any required affidavit. The Seller/Servicer may not convert the eNote into a paper note. (d) Mortgage File Documents management (i) Cross-referencing paper Mortgage File Documents to eMortgages Paper documents that are part of the Mortgage File Documents related to an eMortgage must be cross-referenced to all Electronic Records that are stored in the eNote Vault System for that eMortgage and, as necessary, the eStorage System. All Records (both paper and Electronic) must be identified and cross-referenced to the applicable eMortgage. (See Section 1402.3(c)(iv) for eStorage System requirements.) (ii) Obtaining access to Custodial Documents The Seller/Servicer must complete and send Form 1036 to the Document Custodian to obtain any Custodial Document in the Document Custodian’s custody. (e) Transfer of Servicing involving eMortgages (i) Transfer of Servicing involving eMortgages A Transferor Servicer may engage in a Transfer of Servicing involving eMortgages provided the Transferee Servicer is also an approved eMortgage Servicer for Freddie Mac. (Note: The approval process to service eMortgages is set forth in Section 1402.5(a)(i)). (ii) Transfer of Servicing and custody In connection with a Transfer of Servicing involving eMortgages, and in completing Form 1034T, the Transferor Servicer must: 1. Deliver a Copy of the Authoritative Copy of eNote and eClosing Transaction Record to the Transferee Servicer’s eNote Vault System, and 2. Change the “Servicer” designation in the MERS® System and the MERS eRegistry to the legal name and change the MERS organizational identifier and MERS eRegistry organizational identifier of the Transferee Servicer (who must have already received Freddie Mac’s approval to service eMortgages for Freddie Mac) Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-49 If a Transferee Servicer is using a Freddie Mac-approved third-party eNote custodian for eNote custody, the Transferor Servicer must create an offer of change in the MERS eRegistry of the Location of the eNote to the Transferee Servicer’s eNote custodian. If a Transferee Servicer is using Freddie Mac as the eNote custodian and Freddie Mac is not already designated as the Location in the MERS eRegistry, the Transferor Servicer must create an offer of change in the MERS eRegistry of the Location of the eNote to Freddie Mac. (iii)Transfer of Custodial Documents and Mortgage File Documents Prior to requesting Freddie Mac’s approval of a Transfer of Servicing involving eMortgages, if some or all of the Mortgage File Documents are Electronic Records, the Transferor Servicer must confirm that the Transferee Servicer has an eNote Vault System or other eStorage System capable of storing Electronic Mortgage File Documents. In the event the Transferee Servicer does not have a document and records maintenance system capable of storing the Electronic Mortgage File Documents (other than the Copy of the Authoritative Copy of the eNote), the Transferor Servicer must, in accordance with Section 7101.5(a)1, either convert the documents and records to the form of storage utilized by the Transferee Servicer or generate paper copies of all documents and records for the Transferee Servicer. Consistent with the requirements in Section 7101.4(c), the Transferor Servicer must instruct the Document Custodian responsible for storing and maintaining paper documents related to all eMortgages connected to the Transfer of Servicing, to transfer such paper documents to the Transferee Servicer’s Document Custodian. (f) Special eMortgage Servicing representations and warranties A Seller/Servicer approved to service eMortgages for Freddie Mac represents and warrants to, and agrees and covenants with, Freddie Mac that: ■ The Seller/Servicer maintains (or causes its Servicing Agent to maintain) at all times connectivity to the MERS® System, MERS eRegistry and MERS eDelivery ■ The Seller/Servicer is at all times in compliance (or ensures that its Servicing Agent is in compliance) with the provisions of the MERS Membership Agreements and MERS Rules of Membership ■ The Seller/Servicer has not, and will not, through any act or omission on its part, cause any eMortgage it services for Freddie Mac to become invalid, ineffective or unenforceable or to lose its First Lien status (g) Voluntary eMortgage repurchase request Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-50 In addition to complying with the Guide’s other repurchase requirements, when a Seller/Servicer makes a request to repurchase an eMortgage, the Seller/Servicer must identify such eMortgage as an “eMortgage” in its request to Freddie Mac. (h) New York CEMA Refinance of New York eMortgage A New York Consolidation, Extension and Modification Agreement Mortgage (“NYCEMA Mortgage”) may not be closed as an eMortgage and sold to Freddie Mac. Servicer may however: i. Refinance eMortgages using the NYCEMA Mortgage process and documentation, or ii. Assist and cooperate with other lenders originating a refinance of eMortgages (serviced by Servicer) that wish to use the NYCEMA Mortgage origination process and documentation; provided that: 1. Servicer requests a change of Control in the MERS® eRegistry from Freddie Mac to Servicer by sending a completed Form 1036 to Freddie Mac or the Freddie Mac- approved third-party eNote custodian, as applicable, with the reason: “Servicer (or another lender) is originating a NYCEMA refinance of an eMortgage serviced by Servicer.” If Freddie Mac is the eNote custodian, Form 1036 must be sent to Freddie Mac ([email protected]) at least three Business Days before the change of Control is needed. 2. If such request is confirmed to be in compliance with Freddie Mac requirements, Freddie Mac or a Freddie Mac-approved third-party eNote custodian, as applicable, will send an offer of change of Control of such eNote to Servicer via MERS eRegistry 3. Servicer promptly accepts the offer of change of Control from Freddie Mac or a Freddie Mac-approved third-party eNote custodian, as applicable 4. After Servicer has accepted the offer of change of Control of the eNote, Servicer will confirm that: ■ The MERS eRegistry reflects that Servicer is the Controller, as Holder, of such eNote, and ■ Freddie Mac or a Freddie Mac-approved third-party eNote custodian is the Location Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-51 5. From the moment that Servicer accepts change of Control of such eNote, Servicer shall have Control of the eNote and shall be the Controller of the eNote entitled to enforce such eNote for the benefit of Freddie Mac, the eNote owner 6. Servicer prints all pages of the eNote being refinanced under the NYCEMA Mortgage process to paper and certifies the paper copy is true, correct and complete in a blank space on the face of the eNote. The Servicer shall not convert the eNote into a paper Note at this time. 7. Servicer requests MERS Registration History of the eNote from MERS eRegistry and attaches this history to the Servicer certified paper copy of the eNote 8. Servicer, in consultation with its legal counsel, must prepare an affidavit to be signed by a duly authorized officer of Servicer and attach the affidavit to the Servicer certified paper copy of the eNote; and 9. The affidavit to be prepared by Servicer must include the following statements: ■ The affiant is a duly appointed and authorized officer of Servicer, the “Controller” of the eNote, which was registered in the MERS® eRegistry on or about __________, 20___ and has a MERS eRegistry Identification number of [INSERT MIN NUMBER] ■ The affidavit is attached to a complete, accurate, true and correct Servicer certified paper copy of the eNote, which evidences the borrower’s indebtedness ■ The eNote will be stored and maintained by the owner of the eNote throughout the New York Consolidation, Extension and Modification Agreement Mortgage (NYCEMA) refinance process ■ The Servicer certified paper copy of the eNote, to which the affidavit and MERS Registration History of the eNote are attached, is intended to be delivered to the lender originating a NYCEMA refinance Mortgage ■ The Servicer certified paper copy of the eNote, together with the affidavit and MERS Registration History of the eNote attached thereto, shall automatically convert into and become the one and only valid, effective and enforceable paper Note evidencing the borrower’s indebtedness upon Servicer’s receipt of all amounts due and payable under the eNote ■ The Servicer will de-activate the eNote in the MERS eRegistry using the “Converted to Paper” transaction after Servicer’s receipt of all amounts due and payable under the eNote from the lender originating NYCEMA refinance Mortgage Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-52 ■ The Servicer will notify the lender originating the NYCEMA refinance Mortgage that the eNote has been de-activated on the MERS eRegistry 10. In the event the NYCEMA refinance Mortgage closes as a paper NYCEMA Mortgage, it is eligible for purchase by Freddie Mac if the originating lender is a Freddie Mac Seller/Servicer and the paper NYCEMA Mortgage complies with the Seller/Servicer’s Purchase Documents; and 11. In the event the NYCEMA refinance Mortgage fails to close, Servicer must: ■ Not de-activate the eNote on the MERS eRegistry ■ Promptly send Freddie Mac an offer of change of Control of the eNote using MERS eDelivery; and ■ Confirm that Freddie Mac is once again the Controller of the eNote

Source: Freddie Mac Single-Family Seller/Servicer Guide Section 1402.5 — Servicing eMortgages · source URL · snapshot 5869ee9e606cd4ae