Freddie Mac Single-Family Seller/Servicer Guide §8901.1 — Servicing HeritageOne® Mortgages (09/10/25)
Freddie Mac Guide §8901.1 (Servicing HeritageOne® Mortgages). Gap-fill (verbatim, ID-diff).
Verbatim regulatory text
Verbatim provisions from Freddie Mac Single-Family Seller/Servicer Guide §8901.1 — Servicing HeritageOne® Mortgages (09/10/25) — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
Freddie Mac Guide 8901.1
This section contains requirements related to: ■ Definitions used in this Chapter 8901 ■ Servicer approval/eligibility ■ Tracking HeritageOne® Mortgages ■ Additional Servicing requirements applicable to HeritageOne Mortgages ■ HeritageOne leasehold Mortgages ■ Resale restrictions ■ General notice and disclosure requirements ■ Occupancy attestation ■ Subsequent Transfers of Servicing with respect to HeritageOne Mortgages (a) Definitions used in this Chapter 8901 Key terms and definitions used in this Chapter 8901 can be found below and in Section 4504.2(c). Servicers of a HeritageOne Mortgage should be familiar with these key terms and definitions: Key terms and definitions B BIA U.S. Department of the Interior Bureau of Indian Affairs N Native American Any person recognized as being Native American, American Indian or Alaska Native by a Native American Tribe, the federal government or any State
Freddie Mac Guide 8901.1
901-2 Native American Tribe A federally recognized Indian tribe of the United States that is included in the BIA’s most recent publication of the notice titled “Indian Entities Recognized by and Eligible To Receive Services From the United States Bureau of Indian Affairs”. “Native American Tribe” includes any housing authority, utility, corporation, partnership or other entity that is partially or wholly owned by the Native American Tribe. T Tribal Area A census tract, or any portion thereof, that is designated as both a HUD Indian Housing Block Grant (IHBG) Area and a rural area under FHFA’s Duty to Serve Regulation and is identified as an “Indian area” in the current version of FHFA’s Indian Areas File Note: Refer to Chapter 4504 for specific requirements for selling a HeritageOne Mortgage to Freddie Mac. (b) Servicer approval/eligibility This Chapter 8901 is not a general offering and is only available to specific Servicers approved by Freddie Mac due to the necessary expertise and additional requirements to service HeritageOne Mortgages. A Seller/Servicer must either complete a Concurrent Transfer of Servicing or have explicit Freddie Mac approval as outlined below: ■ The Seller/Servicer (Transferor Servicer) must complete a Concurrent Transfer of Servicing to a Transferee Servicer designated by Freddie Mac in accordance with Chapter 7101 and the requirements of this Chapter 8901; and ■ If the Seller/Servicer intends to retain the Servicing of HeritageOne Mortgages and fulfill the Servicing obligations in its capacity as Seller/Servicer, the Servicer must obtain explicit approval from Freddie Mac to service HeritageOne Mortgages (c) Tracking HeritageOne Mortgages Servicers of HeritageOne Mortgages must implement policies, procedures and systems to identify and track HeritageOne Mortgages to ensure that such Mortgages are serviced in accordance with the Servicing requirements of the Guide and this chapter. (d) Additional Servicing requirements applicable to HeritageOne Mortgages For each HeritageOne Mortgage being serviced for Freddie Mac, the Servicer must: ■ Be approved to service loans on the Native American Tribe’s Tribal Area in which the property resides, in accordance with applicable law; and
Freddie Mac Guide 8901.1
901-3 ■ Service HeritageOne Mortgages in accordance with the Servicing requirements of the Guide, this chapter and applicable law The Servicing requirements of this chapter are applicable only to the Servicing of HeritageOne Mortgages. If any Servicing requirement in this chapter is inconsistent with a Servicing requirement set forth elsewhere in the Guide (except for requirements to comply with applicable law, which supersede any other Servicing requirement in the Guide), the Servicer must comply with the Servicing requirement set forth in this chapter with respect to any HeritageOne Mortgage. Servicers must not apply any of the requirements set forth in this chapter to a Mortgage that is not designated a HeritageOne Mortgage; rather, the Servicer should continue Servicing such Mortgages in accordance with all other Servicing requirements of the Guide and other applicable Purchase Documents. (e) HeritageOne leasehold Mortgages Unless inconsistent with a Servicing requirement set forth in this Chapter 8901, all Servicing requirements of the Guide governing Mortgages secured by leasehold estates (leasehold Mortgages) apply to HeritageOne leasehold Mortgages. Additional leasehold Mortgage requirements Topic Guide location Requirements related to Servicing leasehold Mortgages if termination of the lease will jeopardize Freddie Mac’s lien position or interest in the property Sections 9301.6(d), 9401.1(c) and 9701.2(e)(iii) Requirements for negotiating the extension of the current term of a lease (or applicable renewal options) in the event the current term of a lease (or applicable renewal options) terminates earlier than five years after the maturity date of the proposed modification of a leasehold Mortgage. As noted in Section 4504.8(b), this may include obtaining approval from the U.S. Secretary of the Interior or the BIA, as applicable. Section 9206.1(c)(ii) Requirements for HeritageOne leasehold Mortgages Section 4504.8 (f) Resale restrictions As described in Section 4504.5(h), HeritageOne Mortgages may be subject to resale restrictions. Unless inconsistent with a Servicing requirement set forth in this Chapter 8901, Servicers should refer to Chapter 4406.
Freddie Mac Guide 8901.1
901-4 Additional resale restriction requirements Topic Guide location Requirements regarding resale restrictions on HeritageOne Mortgages Section 4504.5(h) Freddie Mac Standard Short Sale (“short sale”) evaluation requirements for Mortgages secured by properties subject to resale restrictions, unless inconsistent with a Servicing requirement set forth in this Chapter 8901 Sections 9208.1(b)(iii) and 9208.2(a) Foreclosure sale bidding requirements on properties subject to resale restrictions Sections 9301.8(a), 9301.8(b) and 9301.8(d) (g) General notice and disclosure requirements The Servicer must provide all notices and disclosures to the Borrower obligated under a HeritageOne Mortgage and, as applicable, the Native American Tribe, the BIA and/or the Secretary of the Interior as required by applicable law, the Mortgage documents and any applicable Freddie Mac HeritageOne memorandum of understanding, as outlined in this chapter. All notices and disclosures must include any required response requirements and/or time frames. (h) Occupancy attestation The Servicer is highly encouraged, but not required, to have the Borrower obligated under a HeritageOne Mortgage complete an annual attestation in which the Borrower attests to the current occupancy status of the property. Upon completion, the Servicer is encouraged to add the attestation to the Mortgage file. (i) Subsequent Transfers of Servicing with respect to HeritageOne Mortgages HeritageOne Mortgages must not be included in any Subsequent Transfers of Servicing unless the transfer is expressly approved by Freddie Mac.
Freddie Mac Guide 8901.1
Delinquency management for HeritageOne® Mortgages (09/10/25) This section contains requirements related to:
Freddie Mac Guide 8901.1
901-5 ■ Borrower communication and single point of contact ■ Special Servicing and Early Delinquency Counseling ■ Delinquency management process for HeritageOne® Mortgages (a) Borrower communication and single point of contact In addition to the communication and outreach requirements for Delinquency as outlined in Chapters 9101 and 9102, Freddie Mac encourages, but does not require, the Servicer to use a single point of contact model for communications with a Borrower obligated under a HeritageOne Mortgage to ensure contact continuity. (b) Special Servicing and Early Delinquency Counseling Unless otherwise noted below, the requirements for special Servicing and Early Delinquency Counseling as described in Sections 9101.1 and 9102.4, as applicable, apply to HeritageOne Mortgages, regardless of the Mortgage product type. Additionally, Servicers may refer Borrowers obligated under a HeritageOne Mortgage who are not located in a Duty to Serve high-needs area as listed in Exhibit 40, Duty to Serve High-Needs Areas, for referral to Next Job re-employment services. The Servicer is not required to offer Early Delinquency Counseling if the Servicer has knowledge or reason to believe that one of the following entities has established program requirements to offer its own Early Delinquency Counseling (e.g., analyzing the Borrower’s financial situation during a counseling session and developing a plan of action for solving the Delinquency) and/or has already offered Early Delinquency Counseling to a delinquent Borrower obligated under a HeritageOne Mortgage: ■ The Native American Tribe ■ A Native community development financial institution (CDFI), and/or ■ A Tribal Designated Housing Entity associated with the applicable Native American Tribe If the Servicer is not required to offer Early Delinquency Counseling, the Servicer must document the basis for not offering such counseling in the Mortgage file. (c) Delinquency management process for HeritageOne Mortgages The steps below describe the process that Servicers must follow, in addition to the other Servicing requirements of the Guide, when a Borrower obligated under a HeritageOne Mortgage is delinquent in his or her Mortgage payments.
Freddie Mac Guide 8901.1
901-6 1. Servicing requirements for HeritageOne Mortgages during Delinquency (A) Early Delinquency Counseling Pursuant to Section 8901.2(b), if applicable, Servicers of HeritageOne Mortgages must offer Early Delinquency Counseling as described in Sections 9101.1 and 9102.4, as applicable. (B) Property inspections The Servicer must order property inspections on the Mortgaged Premises in accordance with Section 9202.3(c) and applicable law on all HeritageOne Mortgages. The Servicer must meet any notification requirements per applicable law based upon the location of the Mortgaged Premises. In accordance with Section 9202.3(c), in the event that extenuating circumstances cause property inspection delays, Servicers must document the Mortgage file explaining the cause of the delay(s) and any efforts to work with the Native American Tribe to access the property and complete the property inspection. (C) Property preservation The Servicer must follow property preservation requirements for Abandoned Properties as defined in and in accordance with Section 8403.1(c) and for properties in foreclosure in accordance with Section 9301.6(d) for all HeritageOne Mortgages. The Servicer must meet any notification requirements per applicable law based upon the location of the Mortgaged Premises. In addition, if the property contains Native American artifacts or remains, the Servicer must work with the Native American Tribe or the BIA to ensure proper handling of the artifacts or remains when maintaining the property. (D) The Native American Tribe’s rights during Delinquency The Native American Tribe may have certain rights if a Borrower subject to a HeritageOne Mortgage becomes delinquent. In accordance with applicable law, Chapter 4504, the Mortgage documents and any applicable Freddie Mac HeritageOne memorandum of understanding, these rights may include, but are not limited to: ■ Right of first refusal; or ■ In the case of a HeritageOne leasehold Mortgage, curing the Delinquency on behalf of the Borrower obligated under a HeritageOne Mortgage, or, if curing the Delinquency on behalf of the Borrower is determined by the lessor not to be a
Freddie Mac Guide 8901.1
901-7 viable solution to the Delinquency, paying off the HeritageOne leasehold Mortgage (e.g., by finding a new potential lessee to purchase the property from the Borrower for an amount that pays off the total debt) Note: For additional requirements regarding right of first refusal on a HeritageOne Mortgage, see Section 4504.5. 2. Preforeclosure referral Servicing requirements for HeritageOne Mortgages (A) Breach letter In accordance with Section 9101.2, Servicers must mail the breach letter for all HeritageOne Mortgages, including First Lien Mortgages and modified Mortgages, no later than the 75th day of Delinquency (i.e., 105 days after the DDLPI). If applicable law requires the breach letter (or any other pre-breach letter or notice) to be sent prior to the 75th day of Delinquency in order to be able to refer the Mortgage to foreclosure as required in Sections 9301.2(c) and 9301.2(d), the Servicer must send the breach letter on such earlier date. Servicer must provide a copy of the breach letter to all parties as required by applicable law, which may include, but are not limited to, the Borrower obligated under a HeritageOne Mortgage, Native American Tribe, any tribal entity named in a right of first refusal, BIA and/or the Secretary of the Interior. (B) Preforeclosure referral account review Within 15 days prior to foreclosure referral, the Servicer must review the Mortgage file to ensure that: ■ The Servicer has made every attempt to achieve quality right party contact in accordance with Section 9102.3 ■ At least one Borrower Solicitation Package or Borrower Solicitation Letter has been sent by the 45th day after the Due Date of an unpaid monthly installment and the response period has expired without an affirmative Borrower response ■ There is neither an approved payment arrangement nor an alternative to foreclosure offer pending for which the Borrower response period has not expired ■ The breach letter (1) has been issued and expired and (2) has been provided to all required parties in accordance with applicable law, which may include, but are not limited to, the Borrower obligated under a HeritageOne Mortgage, Native
Freddie Mac Guide 8901.1
901-8 American Tribe, any tribal entity named in a right of first refusal, the BIA and/or Secretary of the Interior ■ If applicable, any additional required notices or demand letters, with the required time frame for response included, have been provided to appropriate parties in accordance with applicable law, any applicable Freddie Mac HeritageOne memorandum of understanding and the Mortgage documents. Such appropriate parties may include, but are not limited to, the Borrower obligated under a HeritageOne Mortgage, Native American Tribe, any tribal entity named in a right of first refusal, the BIA and/or the Secretary of the Interior. Additionally, the Servicer must confirm the response time frame provided in the notices has expired. 3. Foreclosure Servicing requirements for HeritageOne Mortgages (A) Additional notices post referral Pursuant to applicable law, any applicable Freddie Mac HeritageOne memorandum of understanding and the Mortgage documents, the Servicer must provide any required foreclosure-related notices to the Native American Tribe, and any other required parties, that describe how the Servicer may express its intention to exercise any enforcement rights available to it under applicable law or the Mortgage documents. Upon delivery of the foreclosure-related notices to the required parties, the required parties must give written notice to the Servicer of their intention to exercise any rights available to them under applicable law and the Mortgage documents within the time frame specified by the Servicer. Unless otherwise prohibited per applicable law, if such timely written notice is given to the Servicer, the Servicer may, upon receipt and in accordance with applicable law and the Mortgage documents, suspend foreclosure proceedings to allow the required party(ies) to exercise its rights. If a foreclosure sale date is scheduled, the Servicer may, to the extent possible and in accordance with applicable law, extend the foreclosure sale date. (B) HeritageOne Mortgage foreclosure – State jurisdiction If the State holds jurisdiction in the Mortgage proceedings (e.g., if the Mortgaged Premises is owned in fee simple and located within exterior boundaries of the reservation area) or the applicable tribal court chooses to apply State Mortgage laws and procedures to its foreclosure proceedings, then the Servicer must follow the requirements in Chapter 9301 unless inconsistent with the Servicing requirements provided in this chapter. (C) HeritageOne Mortgage Foreclosure – tribal jurisdiction
Freddie Mac Guide 8901.1
901-9 If the foreclosure must be conducted through tribal court, the Servicer must follow the requirements in Chapters 9301 and 8901 and all applicable tribal law and tribal court procedures. (D) Tribal jurisdiction foreclosure Counsel When the foreclosure must be processed through tribal court, the Servicer must refer the foreclosure to Counsel that meets the Firm Minimum Requirements, as specified in Section 9501.2, and is approved to appear in the Native American Tribe’s reservation and applicable tribal courts in accordance with applicable law. In the event that extenuating circumstances cause excessive delays in foreclosure processing on a HeritageOne Mortgage, Servicers are instructed to document the Mortgage file explaining the cause of the delays.