Freddie Mac Single-Family Seller/Servicer Guide 9206.4 — Settling, reporting and data submission for loan modification
Freddie Mac Single-Family Seller/Servicer Guide section 9206.4 — Settling, reporting and data submission for loan modification. Full verbatim section text, substring-verified against snapshot 5869ee9e606cd4ae.
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Freddie Mac Single-Family Seller/Servicer Guide 9206.4 — Settling, reporting and data submission for loan modification (part 1 of 3)
5 sections · 28,123 characters of verbatim text. Open a section to read it, or . Every section below is in the page source whether open or closed.
§This section contains requirements related to: ■ Preparing to…247 ch
This section contains requirements related to: ■ Preparing to settle the loan modification ■ Loan modification documents and settlement data submissions ■ Modification reporting and drafting requirements ■ Electronic solicitation and modification
aPreparing to settle the loan modification The Servicer should…7,742 ch
(a) Preparing to settle the loan modification The Servicer should allow sufficient processing time to prepare the modification agreement and provide it to the Borrower for execution, so that the Borrower has sufficient time to return it to the Servicer and make the first modified payment by its due date. The first modified payment due date is the first day of the month following the final Trial Period month, or, if applicable, the first day of the month following a processing month. (i) Preparing the modification agreement and providing it to the Borrower The Servicer must: 1. Prepare an original modification agreement for the Borrower’s signature (see Exhibit 76, Loan Modification for Delinquent Mortgages, for an example of a modification agreement and Exhibit 76A, Authorized Changes to Exhibit 76, Loan Modification for Delinquent Mortgages, for authorized changes to Exhibit 76) The modification agreement: ■ Must be revised as necessary to conform with federal, State and local law and the terms of the modification ■ Must not include any language that requires the Borrower to waive rights he or she may have under applicable law, including the Consumer Credit Protection Act, as a condition of the modification ■ Must have a Modification Effective Date and a due date of the first payment due after the Trial Period (the “First Modified Payment”) of the first day of the month following the end of the Trial Period, or, if applicable, the first day of the month following the end of the processing month ■ Must be in recordable form in the following circumstances: ❑ If State or local law requires the modification agreement be recorded to be enforceable ❑ If the Mortgage is secured by property located in New York ❑ If the modification agreement must be recorded pursuant to Section 9206.2(c)(1)(d), or ❑ If the Servicer’s practice for modifying Mortgages in its portfolio is to create modification agreements in recordable form The new interest rate and new principal balance on the modified Mortgage are effective retroactive to the first day of the month just prior to the First Modified Payment due date (i.e., to allow for payment of interest in arrears). (See below for information on the “processing month option”.) 2. Deliver to the Borrower an unsigned copy of the modification agreement, together with any applicable riders and disclosures, and provide a date by which the Borrower must sign and return the executed modification agreements (and applicable riders and disclosures) 3. Once the Borrower has signed the modification agreement and made the last required monthly payment due during the Trial Period and the Servicer determines the Borrower otherwise remains in compliance with the terms of the Trial Period Plan, the Servicer must sign the modification agreement and return a copy with all signatures to the Borrower in order for the modification to take effect. The Servicer may not sign the modification agreement until the Borrower has signed the modification agreement and complied with all requirements of the Trial Period Plan. Note: While the Servicer is required to provide a date by which the modification agreement must be signed and returned, provided the Servicer receives the executed agreement by the Modification Effective Date, the modification will take effect. 4. Prepare an assignment of rents rider, if applicable (see Section 9206.2(c)) 5. Prepare a due-on-transfer rider, if applicable (see Section 9206.2(c)) 6. Prepare a Modification Bankruptcy Disclosure Rider, if applicable (see Section 9206.2(c)) 7. Prepare any documents necessary to modify the Mortgage, including applicable disclosure statements 8. Arrange to obtain a title endorsement or similar title insurance product, if applicable. Refer to Section 9206.2(c) for specific information. (ii) Processing month option In the event the Borrower does not pay the final Trial Period payment on or before the due date set forth in the Trial Period Plan Notice, then the Servicer may, at its option, prepare the modification agreement such that the Modification Effective Date and the due date of the First Modified Payment is the first day of the second month following the final Trial Period month. However, in this case, interest will not begin to accrue at the modified interest rate on the modified principal balance until the first day of the month following the final Trial Period month to accommodate the First Modified Payment’s payment of interest in arrears (“processing month option”). Example: If the final Trial Period payment is due March 1 and the Servicer elects the option described above, the Borrower is not required to make any payment during April, and the First Modified Payment under the modification agreement is due on May 1. During the month of March, interest will accrue at the current pre-modification rate under the current loan documents, which may impact the amount of the modified principal balance. The modified interest rate and the modified principal balance will take effect on April 1. The First Modified Payment due on May 1 will include interest in arrears that accrued during April on the modified principal balance at the modified interest rate. If the Servicer elects this option, the Borrower will not be required to make an additional Trial Period payment during the month (the “processing month”) between the final Trial Period month and the month in which the First Modified Payment is due. A Servicer must treat all Borrowers the same in applying this option by selecting, in its discretion and evidenced by a written policy, the date by which the final Trial Period payment must be submitted (“cutoff date”) before the Servicer applies this option. The cutoff date must be after the due date for the final Trial Period payment as set forth in the Trial Period Plan Notice. In the event the Borrower does not submit funds during the processing month, the effects of the processing month and attendant capitalization of arrearages on the terms of the modification agreement may not alter the Servicer’s previous determination of the Borrower’s eligibility. The Servicer, when sending the modification agreement for signature, must include a cover letter that informs the Borrower of: ■ The delay of the Modification Effective Date and First Modified Payment due date by one month, and ■ The effects of the processing month, including, but not limited to, the delay in the effective date of the modified interest rate, any increase in the delinquent interest capitalized EDR reporting requirements If the Servicer elects to use the processing month option in accordance with the requirements under this Section 9206.4(a)(ii), the Servicer may report the interim month to Freddie Mac through EDR. In doing so, the Servicer may report default action codes “BF” under the Freddie Mac Flex Modification® Trial Period Plan. In addition, the Servicer must also report the Trial Period Plan Effective Date as the default action date until the default action codes would no longer apply once the Mortgage is modified. Refer to Section 9206.2(d) for information on Resolve® reporting of default action code BF. Note: Refer to Section 9102.6 for information on EDR and Exhibit 82, Electronic Default Reporting Transmission Code List, for descriptions of the default action codes and default reason codes. Mortgages with temporary subsidy buydown plans When preparing and sending the modification agreement to the Borrower in accordance with Section 9206.4(a) on a Mortgage with a temporary subsidy buydown plan, the Servicer must make the appropriate changes as necessary to reflect application of any buydown funds as a condition of completing the Mortgage modification, as applicable.
bLoan modification documents and settlement data submissions After…5,979 ch
(b) Loan modification documents and settlement data submissions After the Servicer has sent a copy of the fully executed modification agreement to the Borrower as required by Section 9206.4(a)(i), the Servicer must comply with the following requirements: ■ If the modification agreement must be recorded (see Sections 9206.2(c) and 9206.4(a)), the Servicer must: ❑ Submit the fully executed original modification agreement for recordation within five Business Days of receiving either the Borrower executed modification agreement or the final Trial Period payment, whichever is later. (See Section 1401.3(d) for requirements pertaining to Electronic recording of paper post-closing documents.) ❑ If the original Security Instrument was registered with MERS®, execute the modification agreement on behalf of MERS ❑ Within 25 days of receiving the executed modification agreement from the Borrower: ■ If the modification agreement will not be electronically recorded, send a certified copy of the fully executed modification agreement to the Document Custodian to be maintained with the Note ■ If the modification agreement will be electronically recorded, send the fully executed modification agreement to the Document Custodian to be maintained with the Note. (See Section 1401.3(d) for requirements pertaining to Electronic recording of paper post-closing documents and related delivery requirements to the Document Custodian or Designated Custodian, as applicable.) ❑ Send the modification agreement that is returned from the recorder’s office to the Document Custodian within five Business Days of receiving it. (See Section 1401.3(d) for requirements pertaining to Electronic recording of paper post-closing documents and related delivery requirements to the Document Custodian or Designated Custodian, as applicable.) For eMortgages, if the modification agreement is electronically recorded, deliver an electronic copy of the recorded modification agreement to the eNote custodian’s eVault, using MERS eDelivery, within five Business Days of receipt from the recording office. ❑ If recordation is not required, send the fully executed modification agreement to the Document Custodian within 25 days after receiving it from the Borrower ❑ Retain a copy of the fully executed modification agreement in the Mortgage file. (See Section 1401.3(d) for requirements pertaining to Electronic recording of paper postclosing documents and related modification storage requirements by the Servicer in the Mortgage file.) ■ Per Section 1402.5(c)(i), the Servicer must update the MERS® eRegistry (as defined in Section 1402.1(b)) to provide notice of the modification agreement upon a modification of an eMortgage (as defined in Section 1402.1(b)) ■ Complete the “Settlement Request” screen in Resolve and transmit the status for all Mortgages due for settlement into Resolve no later than the fourth Business Day of the month in which the first modified payment is due. When submitting the data for a modification via the “Settlement Request” screen, the Servicer must comply with the instructions for each Freddie Mac modification offer set forth in Resolve Online Help. Before completing the “Settlement Request” screen and submitting the modification terms via the “Loan Modification Settlement” screen in Resolve, the Servicer must ensure all data entered are complete and correct, including, but not limited to: ❑ The “Current UPB (pre-modification)” and the DDLPI entered on the “Loan Modification Settlement” screen matches the UPB and DDLPI reported to Freddie Mac as of the end of the last Accounting Cycle in the month prior to the first modified payment due date, and ❑ The data entered on the “Settlement Request” screen matches the terms of the modification agreement and those terms comply with the requirements applicable to the modification In its sole discretion, Freddie Mac may choose not to accept for settlement any modification and data related to such modification undertaken by the Servicer where required settlement documentation is not provided in accordance with the time frame set forth above or that otherwise does not comply with the underwriting requirements of the Guide or other applicable Purchase Documents. If Freddie Mac does accept a modification for settlement, such acceptance does not waive any rights Freddie Mac may have available under the Guide or other applicable Purchase Documents including, without limitation, the right to withhold workout compensation for any modifications undertaken by the Servicer where required settlement documentation or accurate settlement data is not provided in accordance with the time frame set forth above or the terms of the modification do not comply with the underwriting requirements of the Guide or other applicable Purchase Documents. Once the data entered onto the “Settlement Request” screen has been submitted to Freddie Mac, Servicers should monitor the Modification Pending Update report, accessible via the “Modifications” tile of the Servicer’s Servicer Performance Profile (SPP). (See Exhibit 88, Servicing Tools.) All Mortgages that are scheduled to be processed in Freddie Mac’s systems will appear on this report in the SPP. In addition, Freddie Mac will notify Servicers that the modification has been processed in Freddie Mac’s systems via the Modification Status Overview report in the SPP. If a Servicer attempts to report a monthly loan-level transaction on a Mortgage based on the modified terms prior to the modification being processed in Freddie Mac’s systems, the Servicer will not be able to successfully complete the transaction. ■ Comply with the reporting requirements set forth in Section 9206.4(c) to complete the loan modification. Freddie Mac will enter a credit for its proportionate share of the capitalized amount, if applicable, on the Adjustment line of the Servicer’s Monthly Account Statement (MAS) plus an adjustment for any miscellaneous interest, if applicable
cModification reporting and drafting requirements Freddie Mac will…4,922 ch
(c) Modification reporting and drafting requirements Freddie Mac will process and settle Mortgage modifications daily, except on the first Business Day of the month, and notify the Servicer through the Loan Modification Status Report when a loan modification has settled. During settlement, Freddie Mac will update the DDLPI to be the Modification Effective Date. The Servicer must comply with the following reporting requirements: (i) Before the first modified payment is due The Servicer must report in accordance with the Note and Security Instrument, and any modification agreement, if applicable. In doing so, the Servicer must report to Freddie Mac as follows: Modification reporting requirements If the Mortgage modification was settled in the current Accounting Cycle…. Then the Servicer must…. With the first modified payment due in the following month Report the next month’s forecasted scheduled interest based on the modified terms in the current Accounting Cycle Modification reporting requirements If the Mortgage modification was settled in the current Accounting Cycle…. Then the Servicer must…. With the first modified payment due in the current month Report the principal and forecasted scheduled interest based on the newly modified terms in the current Accounting Cycle. Note: If the Mortgage modification settles after the P&I Determination Date and the Servicer does not report the modified loan data, Freddie Mac will simulate the loan activity. And the Modification Effective Date is in a past Accounting Cycle, the Mortgage will remain inactive after the mortgage modification Complete a full reinstatement. Refer to Section 8303.3(j)(i) for reporting the corresponding payment and DDLPI date change. (The DDLPI would change to the same date as the Modification Effective Date.) If a Trial Period Payment is received in the same month that Freddie Mac settles the Mortgage modification and the pre-modified UPB is equal to the UPB reported in the current Accounting Cycle, the Trial Period Payment will be applied as a miscellaneous principal adjustment. (ii) After the modification has been executed Once the modification has been executed, the Servicer must update their Mortgage records to reflect the modified terms. In the next monthly Accounting Cycle after the effective date of the modification, the Servicer must report to Freddie Mac as follows: 1. Report the Mortgage in its Loan-Level Transaction using the modified terms and report any payments received after the modification agreement has been executed. If the modified Mortgage includes capitalized amounts, then the UPB field must reflect the modified UPB amount. Freddie Mac will enter a credit for its proportionate share of the capitalized amount, if applicable, on the Adjustment Line of the Servicer’s MAS. 2. On the P&I Draft Date, Freddie Mac will draft all modified principal and interest payments to Freddie Mac. The Servicer must update its Mortgage records to reflect the modified terms of the Mortgage as soon as the modification agreement has been executed. (iii) Drafting Freddie Mac will draft principal and interest payments in accordance with Section 8303.1(c)(ii). Adjustments for loan modification capitalized interest, miscellaneous principal, miscellaneous interest or reinstatement interest, if applicable, will be posted to the Draft Report in the month the loan modification settles on or before the P&I Determination Date. If the Loan Modification settles after the P&I Determination Date, these adjustments will be posted to the following month’s Draft Report. (iv) Postsettlement discrepancies The Servicer must report any postsettlement discrepancies to Freddie Mac via the Freddie Mac Servicing Data Corrections tool (see Exhibit 88, Servicing Tools) within 30 calendar days following the close of Freddie Mac’s Accounting Cycle in which the settlement occurred. When submitting a request to correct a postsettlement discrepancy, Servicers must upload the executed modification agreement or court documents to support the requested change in the Servicing Data Corrections tool and explain why the modification was not initially settled with data elements matching these documents. Freddie Mac may assess a contract noncompliance and contract change compensatory fee. (See Section 8303.5(i) for any postsettlement discrepancies submitted more than 60 calendar days after the close of Freddie Mac’s Accounting Cycle in which the settlement occurred.) Additionally, in the event the modification agreement did not comply with Freddie Mac’s requirements, Freddie Mac may pursue available remedies depending on the nature of the modification violation, including, but not limited to, a repurchase demand, repurchase alternative and/or recovery of any workout incentives that were paid. Note: Refer to Section 8303.2(a) for specific reporting requirements for Mortgages with partial principal forbearance.
dElectronic solicitation and modification (i) Defined terms For…9,233 ch
(d) Electronic solicitation and modification (i) Defined terms For purposes of this section: Defined terms pertaining to electronic solicitation and modification B Borrower As applicable to eModification Agreements, in addition to the definition contained in the Glossary, a person defined as a consumer under E-SIGN, to the extent E-SIGN applies to a transaction. For the purposes of this section, “Borrower” also includes any and all persons obligated under the terms of any applicable Note as the context shall permit or require. E Electronic Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities, as defined in the “UETA” and/or “E-SIGN”. Electronic Signature An “Electronic” sound, symbol or process attached to, or logically associated with, a contract or other “Record” and executed or adopted by a person with the intent to sign the “Record,” as defined in the “UETA” and/or “E-SIGN”. Electronic Transaction An action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs, using “Electronic” means, as defined in the “UETA” and/or “E-SIGN”. eModification Agreement an agreement that is an Electronic Record that complies with the applicable modification requirements of the Guide and includes, with respect to paper Notes, Electronic modification agreements and Electronic assumption and release of liability agreements under Chapters 9206 and 8406, respectively. eNote An Electronic Record that would be a promissory note if it was issued in paper, and that the Borrower has agreed to issue it as a Transferable Record. E-SIGN The federal Electronic Signatures in Global and National Commerce Act (15 U.S. Code, Chapter 96). eStorage System An Electronic computer storage system for storing Electronic Mortgage File Documents safely, securely, confidentially in accordance with the Guide and other Purchase Documents. eVault An Electronic storage system that uses computer hardware and software to store and maintain eNotes and other Electronic Records. R Record Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form as defined in the “UETA” and/or “E-SIGN.” A Record may be a paper or an “Electronic” document. U UETA The Uniform Electronic Transactions Act of 1999, promulgated by the U.S. Uniform Law Commission for consideration and enactment by the States. Reference to the UETA herein, means the UETA as promulgated by the U.S. Uniform Law Commission or the UETA as enacted by an applicable State. (ii) Electronic submission of documents Refer to Section 9102.5(d) for requirements regarding electronic submission of documents. (iii)Electronic solicitation Servicers may solicit Borrowers for a modification electronically and may add new Borrowers and release Borrowers pursuant to Electronic assumption and release of liability agreements provided the Servicer complies with the requirements of Section 1401.3(h) and other applicable Guide sections. (iv) eModification Agreements The requirements of this Section 9206.4(d) apply only to eModification Agreements of paper Notes and related Security Instruments. See Section 1402.5(c)(i) for requirements for eModification Agreements that modify an eMortgage. ■ Special representations and warranties A Servicer allowing Borrowers to receive, transmit or electronically sign an eModification Agreement represents and warrants to Freddie Mac that it has complied with the requirements of the Guide and that the eModification Agreement is authentic, its terms are valid and enforceable against the Borrower and the modified Mortgage complies with the requirements of Section 9206.2(c). ■ Restrictions on the use of an eModification Agreement An eModification Agreement may be a Category 3 SMARTDoc (v1.02), unless this Chapter 9206 requires the eModification Agreement to be recorded or in recordable format and the recording jurisdiction does not support the Category 3 SMARTDoc format. Servicers may not use an eModification Agreement if: ❑ The Mortgage, as modified by the eModification Agreement, would be invalid or unenforceable or would no longer be in First Lien position ❑ The jurisdiction in which the eModification Agreement would be recorded, when recordation is required, does not permit or provide for recordation of Electronic documents ❑ The Servicer is unable to comply with the recording jurisdiction’s recordation and formatting requirements for an Electronic document or the jurisdiction does not permit or provide for recordation of Electronic documents, and Sections 9206.2(c) or 9206.4(a) requires the Modification Agreement to be recorded or in recordable form Freddie Mac will not reimburse any costs that result from a Servicer’s decision to use an eModification Agreement, and such costs may not be assessed to the Borrower. ■ General requirements applicable to all Freddie Mac eModification Agreements Servicers must: ❑ Process, modify and store eModification Agreements of Freddie Mac Mortgages under requirements that are no less stringent than applicable industry standards when electronically processing, modifying and storing its own Electronic modification agreements for mortgages that it owns or services for others ❑ Consult with their legal counsel to ensure that the Servicer’s use, processing and storage of an eModification Agreement complies with all applicable federal, State and local laws ❑ Provide for Electronic notarization when required, subject to applicable law ❑ Comply with all requirements in the Servicing Contract to service the Mortgage, as modified by an eModification Agreement, including, but not limited to, Servicing obligations related to payoff or short sale (e.g., cancelation of the Mortgage, Note and eModification Agreement), grant of a deed-in-lieu of foreclosure, foreclosure, repurchase of an electronically modified Mortgage and litigation ❑ 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 Servicer execution that the Servicer can reproduce upon request by Freddie Mac ■ Additional requirements when the eModification Agreement must be recorded or in recordable format When an eModification Agreement must be recorded or in recordable format as required in Sections 9206.2(c) or 9206.4(a), a Servicer may use an eModification Agreement, provided the Servicer is able to comply with the recording jurisdiction’s recordation and Electronic format requirements. ■ Document custodial requirements Upon execution of an eModification Agreement, the Servicer must provide a copy of the executed eModification Agreement to its Document Custodian in a format that is acceptable to the Document Custodian, to be maintained or logically associated with the Note. If recordation is required, the Servicer must provide a copy of the recorded eModification Agreement or a copy of evidence of recordation together with a copy of the executed eModification Agreement to its Document Custodian. ■ Storage and safekeeping of eModification Agreements eModification Agreements (including printed paper copies of facsimiles of eModification Agreements) must be stored in accordance with the Guide requirements for storing Mortgage file documents and must be stored in an eVault or eStorage System. eModification Agreements must be logically associated with all paper Mortgage file documents so that all Servicing records (both paper and Electronic) are identified and associated with the affiliated Mortgage transaction. ■ Transfers of Servicing Upon a Transfer of Servicing involving Mortgages with eModification Agreements, the Transferor Servicer must comply with Section 7101.1(b)(ii)(B)#8 and inform the Transferee Servicer of the name of the eVault or eStorage System holding the eModification Agreement. The Transferor Servicer must cause its eVault or eStorage System provider to transfer the eModification Agreement and all related data to the Transferee Servicer’s eVault or eStorage System provider in a manner that ensures the ongoing validity and enforceability of the eModification Agreement and its associated Electronic Signature. A Transferor Servicer may not satisfy its obligations under this section by relying on Section 7101.5(a) by generating paper copies of eModification Agreements for the Transferee Servicer. ■ Data security requirements and data privacy protection Servicers must follow data security requirements in Sections 1302.2 and 1401.2(c) and the data privacy protection standards in Section 8101.4(d). Servicers are required to maintain their eStorage System and conduct periodic information security reviews of the data stored and maintained in such systems based on, but not limited to, applicable federal, State and local laws and regulations and the Guide. Freddie Mac reserves the right to require a Servicer to implement additional security measures regarding its Servicing eStorage System. ■ Disaster recovery/business continuity plan Refer to Section 1302.3 for Seller/Servicer business continuity planning requirements.
Freddie Mac Single-Family Seller/Servicer Guide 9206.4 — Settling, reporting and data submission for loan modification (part 2 of 3)
5 sections · 28,547 characters of verbatim text. Open a section to read it, or . Every section below is in the page source whether open or closed.
§Refer to Bulletins 2026-G and 2026-11, which announced updates…807 ch
Refer to Bulletins 2026-G and 2026-11, which announced updates related to Freddie Mac’s new event-based default related reporting requirements. Beginning November 16, 2026, Servicers may implement the new requirements if they are operationally ready to do so. If a Servicer adopts the new event-based default related reporting standards before the mandatory effective date of September 27, 2027, it must comply with the associated Guide requirements that will be effective on September 27, 2027 and, upon such adoption, must discontinue monthly EDR reporting. This section contains requirements related to: ■ Preparing to settle the loan modification ■ Loan modification documents and settlement data submissions ■ Modification reporting and drafting requirements ■ Electronic solicitation and modification
aPreparing to settle the loan modification The Servicer should…7,742 ch
(a) Preparing to settle the loan modification The Servicer should allow sufficient processing time to prepare the modification agreement and provide it to the Borrower for execution, so that the Borrower has sufficient time to return it to the Servicer and make the first modified payment by its due date. The first modified payment due date is the first day of the month following the final Trial Period month, or, if applicable, the first day of the month following a processing month. (i) Preparing the modification agreement and providing it to the Borrower The Servicer must: 1. Prepare an original modification agreement for the Borrower’s signature (see Exhibit 76, Loan Modification for Delinquent Mortgages, for an example of a modification agreement and Exhibit 76A, Authorized Changes to Exhibit 76, Loan Modification for Delinquent Mortgages, for authorized changes to Exhibit 76) The modification agreement: ■ Must be revised as necessary to conform with federal, State and local law and the terms of the modification ■ Must not include any language that requires the Borrower to waive rights he or she may have under applicable law, including the Consumer Credit Protection Act, as a condition of the modification ■ Must have a Modification Effective Date and a due date of the first payment due after the Trial Period (the “First Modified Payment”) of the first day of the month following the end of the Trial Period, or, if applicable, the first day of the month following the end of the processing month ■ Must be in recordable form in the following circumstances: ❑ If State or local law requires the modification agreement be recorded to be enforceable ❑ If the Mortgage is secured by property located in New York ❑ If the modification agreement must be recorded pursuant to Section 9206.2(c)(1)(d), or ❑ If the Servicer’s practice for modifying Mortgages in its portfolio is to create modification agreements in recordable form The new interest rate and new principal balance on the modified Mortgage are effective retroactive to the first day of the month just prior to the First Modified Payment due date (i.e., to allow for payment of interest in arrears). (See below for information on the “processing month option”.) 2. Deliver to the Borrower an unsigned copy of the modification agreement, together with any applicable riders and disclosures, and provide a date by which the Borrower must sign and return the executed modification agreements (and applicable riders and disclosures) 3. Once the Borrower has signed the modification agreement and made the last required monthly payment due during the Trial Period and the Servicer determines the Borrower otherwise remains in compliance with the terms of the Trial Period Plan, the Servicer must sign the modification agreement and return a copy with all signatures to the Borrower in order for the modification to take effect. The Servicer may not sign the modification agreement until the Borrower has signed the modification agreement and complied with all requirements of the Trial Period Plan. Note: While the Servicer is required to provide a date by which the modification agreement must be signed and returned, provided the Servicer receives the executed agreement by the Modification Effective Date, the modification will take effect. 4. Prepare an assignment of rents rider, if applicable (see Section 9206.2(c)) 5. Prepare a due-on-transfer rider, if applicable (see Section 9206.2(c)) 6. Prepare a Modification Bankruptcy Disclosure Rider, if applicable (see Section 9206.2(c)) 7. Prepare any documents necessary to modify the Mortgage, including applicable disclosure statements 8. Arrange to obtain a title endorsement or similar title insurance product, if applicable. Refer to Section 9206.2(c) for specific information. (ii) Processing month option In the event the Borrower does not pay the final Trial Period payment on or before the due date set forth in the Trial Period Plan Notice, then the Servicer may, at its option, prepare the modification agreement such that the Modification Effective Date and the due date of the First Modified Payment is the first day of the second month following the final Trial Period month. However, in this case, interest will not begin to accrue at the modified interest rate on the modified principal balance until the first day of the month following the final Trial Period month to accommodate the First Modified Payment’s payment of interest in arrears (“processing month option”). Example: If the final Trial Period payment is due March 1 and the Servicer elects the option described above, the Borrower is not required to make any payment during April, and the First Modified Payment under the modification agreement is due on May 1. During the month of March, interest will accrue at the current pre-modification rate under the current loan documents, which may impact the amount of the modified principal balance. The modified interest rate and the modified principal balance will take effect on April 1. The First Modified Payment due on May 1 will include interest in arrears that accrued during April on the modified principal balance at the modified interest rate. If the Servicer elects this option, the Borrower will not be required to make an additional Trial Period payment during the month (the “processing month”) between the final Trial Period month and the month in which the First Modified Payment is due. A Servicer must treat all Borrowers the same in applying this option by selecting, in its discretion and evidenced by a written policy, the date by which the final Trial Period payment must be submitted (“cutoff date”) before the Servicer applies this option. The cutoff date must be after the due date for the final Trial Period payment as set forth in the Trial Period Plan Notice. In the event the Borrower does not submit funds during the processing month, the effects of the processing month and attendant capitalization of arrearages on the terms of the modification agreement may not alter the Servicer’s previous determination of the Borrower’s eligibility. The Servicer, when sending the modification agreement for signature, must include a cover letter that informs the Borrower of: ■ The delay of the Modification Effective Date and First Modified Payment due date by one month, and ■ The effects of the processing month, including, but not limited to, the delay in the effective date of the modified interest rate, any increase in the delinquent interest capitalized EDR reporting requirements If the Servicer elects to use the processing month option in accordance with the requirements under this Section 9206.4(a)(ii), the Servicer may report the interim month to Freddie Mac through EDR. In doing so, the Servicer may report default action codes “BF” under the Freddie Mac Flex Modification® Trial Period Plan. In addition, the Servicer must also report the Trial Period Plan Effective Date as the default action date until the default action codes would no longer apply once the Mortgage is modified. Refer to Section 9206.2(d) for information on Resolve® reporting of default action code BF. Note: Refer to Section 9102.6 for information on EDR and Exhibit 82, Electronic Default Reporting Transmission Code List, for descriptions of the default action codes and default reason codes. Mortgages with temporary subsidy buydown plans When preparing and sending the modification agreement to the Borrower in accordance with Section 9206.4(a) on a Mortgage with a temporary subsidy buydown plan, the Servicer must make the appropriate changes as necessary to reflect application of any buydown funds as a condition of completing the Mortgage modification, as applicable.
bLoan modification documents and settlement data submissions After…5,979 ch
(b) Loan modification documents and settlement data submissions After the Servicer has sent a copy of the fully executed modification agreement to the Borrower as required by Section 9206.4(a)(i), the Servicer must comply with the following requirements: ■ If the modification agreement must be recorded (see Sections 9206.2(c) and 9206.4(a)), the Servicer must: ❑ Submit the fully executed original modification agreement for recordation within five Business Days of receiving either the Borrower executed modification agreement or the final Trial Period payment, whichever is later. (See Section 1401.3(d) for requirements pertaining to Electronic recording of paper post-closing documents.) ❑ If the original Security Instrument was registered with MERS®, execute the modification agreement on behalf of MERS ❑ Within 25 days of receiving the executed modification agreement from the Borrower: ■ If the modification agreement will not be electronically recorded, send a certified copy of the fully executed modification agreement to the Document Custodian to be maintained with the Note ■ If the modification agreement will be electronically recorded, send the fully executed modification agreement to the Document Custodian to be maintained with the Note. (See Section 1401.3(d) for requirements pertaining to Electronic recording of paper post-closing documents and related delivery requirements to the Document Custodian or Designated Custodian, as applicable.) ❑ Send the modification agreement that is returned from the recorder’s office to the Document Custodian within five Business Days of receiving it. (See Section 1401.3(d) for requirements pertaining to Electronic recording of paper post-closing documents and related delivery requirements to the Document Custodian or Designated Custodian, as applicable.) For eMortgages, if the modification agreement is electronically recorded, deliver an electronic copy of the recorded modification agreement to the eNote custodian’s eVault, using MERS eDelivery, within five Business Days of receipt from the recording office. ❑ If recordation is not required, send the fully executed modification agreement to the Document Custodian within 25 days after receiving it from the Borrower ❑ Retain a copy of the fully executed modification agreement in the Mortgage file. (See Section 1401.3(d) for requirements pertaining to Electronic recording of paper postclosing documents and related modification storage requirements by the Servicer in the Mortgage file.) ■ Per Section 1402.5(c)(i), the Servicer must update the MERS® eRegistry (as defined in Section 1402.1(b)) to provide notice of the modification agreement upon a modification of an eMortgage (as defined in Section 1402.1(b)) ■ Complete the “Settlement Request” screen in Resolve and transmit the status for all Mortgages due for settlement into Resolve no later than the fourth Business Day of the month in which the first modified payment is due. When submitting the data for a modification via the “Settlement Request” screen, the Servicer must comply with the instructions for each Freddie Mac modification offer set forth in Resolve Online Help. Before completing the “Settlement Request” screen and submitting the modification terms via the “Loan Modification Settlement” screen in Resolve, the Servicer must ensure all data entered are complete and correct, including, but not limited to: ❑ The “Current UPB (pre-modification)” and the DDLPI entered on the “Loan Modification Settlement” screen matches the UPB and DDLPI reported to Freddie Mac as of the end of the last Accounting Cycle in the month prior to the first modified payment due date, and ❑ The data entered on the “Settlement Request” screen matches the terms of the modification agreement and those terms comply with the requirements applicable to the modification In its sole discretion, Freddie Mac may choose not to accept for settlement any modification and data related to such modification undertaken by the Servicer where required settlement documentation is not provided in accordance with the time frame set forth above or that otherwise does not comply with the underwriting requirements of the Guide or other applicable Purchase Documents. If Freddie Mac does accept a modification for settlement, such acceptance does not waive any rights Freddie Mac may have available under the Guide or other applicable Purchase Documents including, without limitation, the right to withhold workout compensation for any modifications undertaken by the Servicer where required settlement documentation or accurate settlement data is not provided in accordance with the time frame set forth above or the terms of the modification do not comply with the underwriting requirements of the Guide or other applicable Purchase Documents. Once the data entered onto the “Settlement Request” screen has been submitted to Freddie Mac, Servicers should monitor the Modification Pending Update report, accessible via the “Modifications” tile of the Servicer’s Servicer Performance Profile (SPP). (See Exhibit 88, Servicing Tools.) All Mortgages that are scheduled to be processed in Freddie Mac’s systems will appear on this report in the SPP. In addition, Freddie Mac will notify Servicers that the modification has been processed in Freddie Mac’s systems via the Modification Status Overview report in the SPP. If a Servicer attempts to report a monthly loan-level transaction on a Mortgage based on the modified terms prior to the modification being processed in Freddie Mac’s systems, the Servicer will not be able to successfully complete the transaction. ■ Comply with the reporting requirements set forth in Section 9206.4(c) to complete the loan modification. Freddie Mac will enter a credit for its proportionate share of the capitalized amount, if applicable, on the Adjustment line of the Servicer’s Monthly Account Statement (MAS) plus an adjustment for any miscellaneous interest, if applicable
cModification reporting and drafting requirements Freddie Mac will…4,786 ch
(c) Modification reporting and drafting requirements Freddie Mac will process and settle Mortgage modifications daily, except on the first Business Day of the month, and notify the Servicer through the Loan Modification Status Report when a loan modification has settled. During settlement, Freddie Mac will update the DDLPI to be the Modification Effective Date. The Servicer must comply with the following reporting requirements: (i) Before the first modified payment is due The Servicer must report in accordance with the Note and Security Instrument, and any modification agreement, if applicable. In doing so, the Servicer must report to Freddie Mac as follows: Modification reporting requirements If the Mortgage modification was settled in the current Accounting Cycle…. Then the Servicer must…. With the first modified payment due in the following month Report the next month’s forecasted scheduled interest based on the modified terms in the current Accounting Cycle With the first modified payment due in the current month Report the principal and forecasted scheduled interest based on the newly modified terms in the current Accounting Cycle. Note: If the Mortgage modification settles after the P&I Determination Date and the Servicer does not report the modified loan data, Freddie Mac will simulate the loan activity. And the Modification Effective Date is in a past Accounting Cycle, the Mortgage will remain inactive after the mortgage modification Complete a full reinstatement. Refer to Section 8303.3(j)(i) for reporting the corresponding payment and DDLPI date change. (The DDLPI would change to the same date as the Modification Effective Date.) If a Trial Period Payment is received in the same month that Freddie Mac settles the Mortgage modification and the pre-modified UPB is equal to the UPB reported in the current Accounting Cycle, the Trial Period Payment will be applied as a miscellaneous principal adjustment. (ii) After the modification has been executed Once the modification has been executed, the Servicer must update their Mortgage records to reflect the modified terms. In the next monthly Accounting Cycle after the effective date of the modification, the Servicer must report to Freddie Mac as follows: 1. Report the Mortgage in its Loan-Level Transaction using the modified terms and report any payments received after the modification agreement has been executed. If the modified Mortgage includes capitalized amounts, then the UPB field must reflect the modified UPB amount. Freddie Mac will enter a credit for its proportionate share of the capitalized amount, if applicable, on the Adjustment Line of the Servicer’s MAS. 2. On the P&I Draft Date, Freddie Mac will draft all modified principal and interest payments to Freddie Mac. The Servicer must update its Mortgage records to reflect the modified terms of the Mortgage as soon as the modification agreement has been executed. (iii) Drafting Freddie Mac will draft principal and interest payments in accordance with Section 8303.1(c)(ii). Adjustments for loan modification capitalized interest, miscellaneous principal, miscellaneous interest or reinstatement interest, if applicable, will be posted to the Draft Report in the month the loan modification settles on or before the P&I Determination Date. If the Loan Modification settles after the P&I Determination Date, these adjustments will be posted to the following month’s Draft Report. (iv) Postsettlement discrepancies The Servicer must report any postsettlement discrepancies to Freddie Mac via the Freddie Mac Servicing Data Corrections tool (see Exhibit 88, Servicing Tools) within 30 calendar days following the close of Freddie Mac’s Accounting Cycle in which the settlement occurred. When submitting a request to correct a postsettlement discrepancy, Servicers must upload the executed modification agreement or court documents to support the requested change in the Servicing Data Corrections tool and explain why the modification was not initially settled with data elements matching these documents. Freddie Mac may assess a contract noncompliance and contract change compensatory fee. (See Section 8303.5(i) for any postsettlement discrepancies submitted more than 60 calendar days after the close of Freddie Mac’s Accounting Cycle in which the settlement occurred.) Additionally, in the event the modification agreement did not comply with Freddie Mac’s requirements, Freddie Mac may pursue available remedies depending on the nature of the modification violation, including, but not limited to, a repurchase demand, repurchase alternative and/or recovery of any workout incentives that were paid. Note: Refer to Section 8303.2(a) for specific reporting requirements for Mortgages with partial principal forbearance.
dElectronic solicitation and modification (i) Defined terms For…9,233 ch
(d) Electronic solicitation and modification (i) Defined terms For purposes of this section: Defined terms pertaining to electronic solicitation and modification B Borrower As applicable to eModification Agreements, in addition to the definition contained in the Glossary, a person defined as a consumer under E-SIGN, to the extent E-SIGN applies to a transaction. For the purposes of this section, “Borrower” also includes any and all persons obligated under the terms of any applicable Note as the context shall permit or require. E Electronic Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities, as defined in the “UETA” and/or “E-SIGN”. Electronic Signature An “Electronic” sound, symbol or process attached to, or logically associated with, a contract or other “Record” and executed or adopted by a person with the intent to sign the “Record,” as defined in the “UETA” and/or “E-SIGN”. Electronic Transaction An action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs, using “Electronic” means, as defined in the “UETA” and/or “E-SIGN”. eModification Agreement an agreement that is an Electronic Record that complies with the applicable modification requirements of the Guide and includes, with respect to paper Notes, Electronic modification agreements and Electronic assumption and release of liability agreements under Chapters 9206 and 8406, respectively. eNote An Electronic Record that would be a promissory note if it was issued in paper, and that the Borrower has agreed to issue it as a Transferable Record. E-SIGN The federal Electronic Signatures in Global and National Commerce Act (15 U.S. Code, Chapter 96). eStorage System An Electronic computer storage system for storing Electronic Mortgage File Documents safely, securely, confidentially in accordance with the Guide and other Purchase Documents. eVault An Electronic storage system that uses computer hardware and software to store and maintain eNotes and other Electronic Records. R Record Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form as defined in the “UETA” and/or “E-SIGN.” A Record may be a paper or an “Electronic” document. U UETA The Uniform Electronic Transactions Act of 1999, promulgated by the U.S. Uniform Law Commission for consideration and enactment by the States. Reference to the UETA herein, means the UETA as promulgated by the U.S. Uniform Law Commission or the UETA as enacted by an applicable State. (ii) Electronic submission of documents Refer to Section 9102.5(d) for requirements regarding electronic submission of documents. (iii)Electronic solicitation Servicers may solicit Borrowers for a modification electronically and may add new Borrowers and release Borrowers pursuant to Electronic assumption and release of liability agreements provided the Servicer complies with the requirements of Section 1401.3(h) and other applicable Guide sections. (iv) eModification Agreements The requirements of this Section 9206.4(d) apply only to eModification Agreements of paper Notes and related Security Instruments. See Section 1402.5(c)(i) for requirements for eModification Agreements that modify an eMortgage. ■ Special representations and warranties A Servicer allowing Borrowers to receive, transmit or electronically sign an eModification Agreement represents and warrants to Freddie Mac that it has complied with the requirements of the Guide and that the eModification Agreement is authentic, its terms are valid and enforceable against the Borrower and the modified Mortgage complies with the requirements of Section 9206.2(c). ■ Restrictions on the use of an eModification Agreement An eModification Agreement may be a Category 3 SMARTDoc (v1.02), unless this Chapter 9206 requires the eModification Agreement to be recorded or in recordable format and the recording jurisdiction does not support the Category 3 SMARTDoc format. Servicers may not use an eModification Agreement if: ❑ The Mortgage, as modified by the eModification Agreement, would be invalid or unenforceable or would no longer be in First Lien position ❑ The jurisdiction in which the eModification Agreement would be recorded, when recordation is required, does not permit or provide for recordation of Electronic documents ❑ The Servicer is unable to comply with the recording jurisdiction’s recordation and formatting requirements for an Electronic document or the jurisdiction does not permit or provide for recordation of Electronic documents, and Sections 9206.2(c) or 9206.4(a) requires the Modification Agreement to be recorded or in recordable form Freddie Mac will not reimburse any costs that result from a Servicer’s decision to use an eModification Agreement, and such costs may not be assessed to the Borrower. ■ General requirements applicable to all Freddie Mac eModification Agreements Servicers must: ❑ Process, modify and store eModification Agreements of Freddie Mac Mortgages under requirements that are no less stringent than applicable industry standards when electronically processing, modifying and storing its own Electronic modification agreements for mortgages that it owns or services for others ❑ Consult with their legal counsel to ensure that the Servicer’s use, processing and storage of an eModification Agreement complies with all applicable federal, State and local laws ❑ Provide for Electronic notarization when required, subject to applicable law ❑ Comply with all requirements in the Servicing Contract to service the Mortgage, as modified by an eModification Agreement, including, but not limited to, Servicing obligations related to payoff or short sale (e.g., cancelation of the Mortgage, Note and eModification Agreement), grant of a deed-in-lieu of foreclosure, foreclosure, repurchase of an electronically modified Mortgage and litigation ❑ 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 Servicer execution that the Servicer can reproduce upon request by Freddie Mac ■ Additional requirements when the eModification Agreement must be recorded or in recordable format When an eModification Agreement must be recorded or in recordable format as required in Sections 9206.2(c) or 9206.4(a), a Servicer may use an eModification Agreement, provided the Servicer is able to comply with the recording jurisdiction’s recordation and Electronic format requirements. ■ Document custodial requirements Upon execution of an eModification Agreement, the Servicer must provide a copy of the executed eModification Agreement to its Document Custodian in a format that is acceptable to the Document Custodian, to be maintained or logically associated with the Note. If recordation is required, the Servicer must provide a copy of the recorded eModification Agreement or a copy of evidence of recordation together with a copy of the executed eModification Agreement to its Document Custodian. ■ Storage and safekeeping of eModification Agreements eModification Agreements (including printed paper copies of facsimiles of eModification Agreements) must be stored in accordance with the Guide requirements for storing Mortgage file documents and must be stored in an eVault or eStorage System. eModification Agreements must be logically associated with all paper Mortgage file documents so that all Servicing records (both paper and Electronic) are identified and associated with the affiliated Mortgage transaction. ■ Transfers of Servicing Upon a Transfer of Servicing involving Mortgages with eModification Agreements, the Transferor Servicer must comply with Section 7101.1(b)(ii)(B)#8 and inform the Transferee Servicer of the name of the eVault or eStorage System holding the eModification Agreement. The Transferor Servicer must cause its eVault or eStorage System provider to transfer the eModification Agreement and all related data to the Transferee Servicer’s eVault or eStorage System provider in a manner that ensures the ongoing validity and enforceability of the eModification Agreement and its associated Electronic Signature. A Transferor Servicer may not satisfy its obligations under this section by relying on Section 7101.5(a) by generating paper copies of eModification Agreements for the Transferee Servicer. ■ Data security requirements and data privacy protection Servicers must follow data security requirements in Sections 1302.2 and 1401.2(c) and the data privacy protection standards in Section 8101.4(d). Servicers are required to maintain their eStorage System and conduct periodic information security reviews of the data stored and maintained in such systems based on, but not limited to, applicable federal, State and local laws and regulations and the Guide. Freddie Mac reserves the right to require a Servicer to implement additional security measures regarding its Servicing eStorage System. ■ Disaster recovery/business continuity plan Refer to Section 1302.3 for Seller/Servicer business continuity planning requirements.
Freddie Mac Single-Family Seller/Servicer Guide 9206.4 — Settling, reporting and data submission for loan modification (part 3 of 3)
5 sections · 27,252 characters of verbatim text. Open a section to read it, or . Every section below is in the page source whether open or closed.
§■ Preparing to settle the loan modification ■ Loan modification…200 ch
■ Preparing to settle the loan modification ■ Loan modification documents and settlement data submissions ■ Modification reporting and drafting requirements ■ Electronic solicitation and modification
aPreparing to settle the loan modification The Servicer should…6,918 ch
(a) Preparing to settle the loan modification The Servicer should allow sufficient processing time to prepare the modification agreement and provide it to the Borrower for execution, so that the Borrower has sufficient time to return it to the Servicer and make the first modified payment by its due date. The first modified payment due date is the first day of the month following the final Trial Period month, or, if applicable, the first day of the month following a processing month. (i) Preparing the modification agreement and providing it to the Borrower The Servicer must: 1. Prepare an original modification agreement for the Borrower’s signature (see Exhibit 76, Loan Modification for Delinquent Mortgages, for an example of a modification agreement and Exhibit 76A, Authorized Changes to Exhibit 76, Loan Modification for Delinquent Mortgages, for authorized changes to Exhibit 76) The modification agreement: ■ Must be revised as necessary to conform with federal, State and local law and the terms of the modification ■ Must not include any language that requires the Borrower to waive rights he or she may have under applicable law, including the Consumer Credit Protection Act, as a condition of the modification ■ Must have a Modification Effective Date and a due date of the first payment due after the Trial Period (the “First Modified Payment”) of the first day of the month following the end of the Trial Period, or, if applicable, the first day of the month following the end of the processing month ■ Must be in recordable form in the following circumstances: ❑ If State or local law requires the modification agreement be recorded to be enforceable ❑ If the Mortgage is secured by property located in New York ❑ If the modification agreement must be recorded pursuant to Section 9206.2(c)(1)(d), or ❑ If the Servicer’s practice for modifying Mortgages in its portfolio is to create modification agreements in recordable form The new interest rate and new principal balance on the modified Mortgage are effective retroactive to the first day of the month just prior to the First Modified Payment due date (i.e., to allow for payment of interest in arrears). (See below for information on the “processing month option”.) 2. Deliver to the Borrower an unsigned copy of the modification agreement, together with any applicable riders and disclosures, and provide a date by which the Borrower must sign and return the executed modification agreements (and applicable riders and disclosures) 3. Once the Borrower has signed the modification agreement and made the last required monthly payment due during the Trial Period and the Servicer determines the Borrower otherwise remains in compliance with the terms of the Trial Period Plan, the Servicer must sign the modification agreement and return a copy with all signatures to the Borrower in order for the modification to take effect. The Servicer may not sign the modification agreement until the Borrower has signed the modification agreement and complied with all requirements of the Trial Period Plan. Note: While the Servicer is required to provide a date by which the modification agreement must be signed and returned, provided the Servicer receives the executed agreement by the Modification Effective Date, the modification will take effect. 4. Prepare an assignment of rents rider, if applicable (see Section 9206.2(c)) 5. Prepare a due-on-transfer rider, if applicable (see Section 9206.2(c)) 6. Prepare a Modification Bankruptcy Disclosure Rider, if applicable (see Section 9206.2(c)) 7. Prepare any documents necessary to modify the Mortgage, including applicable disclosure statements 8. Arrange to obtain a title endorsement or similar title insurance product, if applicable. Refer to Section 9206.2(c) for specific information. (ii) Processing month option In the event the Borrower does not pay the final Trial Period payment on or before the due date set forth in the Trial Period Plan Notice, then the Servicer may, at its option, prepare the modification agreement such that the Modification Effective Date and the due date of the First Modified Payment is the first day of the second month following the final Trial Period month. However, in this case, interest will not begin to accrue at the modified interest rate on the modified principal balance until the first day of the month following the final Trial Period month to accommodate the First Modified Payment’s payment of interest in arrears (“processing month option”). Example: If the final Trial Period payment is due March 1 and the Servicer elects the option described above, the Borrower is not required to make any payment during April, and the First Modified Payment under the modification agreement is due on May 1. During the month of March, interest will accrue at the current pre-modification rate under the current loan documents, which may impact the amount of the modified principal balance. The modified interest rate and the modified principal balance will take effect on April 1. The First Modified Payment due on May 1 will include interest in arrears that accrued during April on the modified principal balance at the modified interest rate. If the Servicer elects this option, the Borrower will not be required to make an additional Trial Period payment during the month (the “processing month”) between the final Trial Period month and the month in which the First Modified Payment is due. A Servicer must treat all Borrowers the same in applying this option by selecting, in its discretion and evidenced by a written policy, the date by which the final Trial Period payment must be submitted (“cutoff date”) before the Servicer applies this option. The cutoff date must be after the due date for the final Trial Period payment as set forth in the Trial Period Plan Notice. In the event the Borrower does not submit funds during the processing month, the effects of the processing month and attendant capitalization of arrearages on the terms of the modification agreement may not alter the Servicer’s previous determination of the Borrower’s eligibility. The Servicer, when sending the modification agreement for signature, must include a cover letter that informs the Borrower of: ■ The delay of the Modification Effective Date and First Modified Payment due date by one month, and ■ The effects of the processing month, including, but not limited to, the delay in the effective date of the modified interest rate, any increase in the delinquent interest capitalized Mortgages with temporary subsidy buydown plans When preparing and sending the modification agreement to the Borrower in accordance with Section 9206.4(a) on a Mortgage with a temporary subsidy buydown plan, the Servicer must make the appropriate changes as necessary to reflect application of any buydown funds as a condition of completing the Mortgage modification, as applicable.
bLoan modification documents and settlement data submissions After…5,979 ch
(b) Loan modification documents and settlement data submissions After the Servicer has sent a copy of the fully executed modification agreement to the Borrower as required by Section 9206.4(a)(i), the Servicer must comply with the following requirements: ■ If the modification agreement must be recorded (see Sections 9206.2(c) and 9206.4(a)), the Servicer must: ❑ Submit the fully executed original modification agreement for recordation within five Business Days of receiving either the Borrower executed modification agreement or the final Trial Period payment, whichever is later. (See Section 1401.3(d) for requirements pertaining to Electronic recording of paper post-closing documents.) ❑ If the original Security Instrument was registered with MERS®, execute the modification agreement on behalf of MERS ❑ Within 25 days of receiving the executed modification agreement from the Borrower: ■ If the modification agreement will not be electronically recorded, send a certified copy of the fully executed modification agreement to the Document Custodian to be maintained with the Note ■ If the modification agreement will be electronically recorded, send the fully executed modification agreement to the Document Custodian to be maintained with the Note. (See Section 1401.3(d) for requirements pertaining to Electronic recording of paper post-closing documents and related delivery requirements to the Document Custodian or Designated Custodian, as applicable.) ❑ Send the modification agreement that is returned from the recorder’s office to the Document Custodian within five Business Days of receiving it. (See Section 1401.3(d) for requirements pertaining to Electronic recording of paper post-closing documents and related delivery requirements to the Document Custodian or Designated Custodian, as applicable.) For eMortgages, if the modification agreement is electronically recorded, deliver an electronic copy of the recorded modification agreement to the eNote custodian’s eVault, using MERS eDelivery, within five Business Days of receipt from the recording office. ❑ If recordation is not required, send the fully executed modification agreement to the Document Custodian within 25 days after receiving it from the Borrower ❑ Retain a copy of the fully executed modification agreement in the Mortgage file. (See Section 1401.3(d) for requirements pertaining to Electronic recording of paper postclosing documents and related modification storage requirements by the Servicer in the Mortgage file.) ■ Per Section 1402.5(c)(i), the Servicer must update the MERS® eRegistry (as defined in Section 1402.1(b)) to provide notice of the modification agreement upon a modification of an eMortgage (as defined in Section 1402.1(b)) ■ Complete the “Settlement Request” screen in Resolve and transmit the status for all Mortgages due for settlement into Resolve no later than the fourth Business Day of the month in which the first modified payment is due. When submitting the data for a modification via the “Settlement Request” screen, the Servicer must comply with the instructions for each Freddie Mac modification offer set forth in Resolve Online Help. Before completing the “Settlement Request” screen and submitting the modification terms via the “Loan Modification Settlement” screen in Resolve, the Servicer must ensure all data entered are complete and correct, including, but not limited to: ❑ The “Current UPB (pre-modification)” and the DDLPI entered on the “Loan Modification Settlement” screen matches the UPB and DDLPI reported to Freddie Mac as of the end of the last Accounting Cycle in the month prior to the first modified payment due date, and ❑ The data entered on the “Settlement Request” screen matches the terms of the modification agreement and those terms comply with the requirements applicable to the modification In its sole discretion, Freddie Mac may choose not to accept for settlement any modification and data related to such modification undertaken by the Servicer where required settlement documentation is not provided in accordance with the time frame set forth above or that otherwise does not comply with the underwriting requirements of the Guide or other applicable Purchase Documents. If Freddie Mac does accept a modification for settlement, such acceptance does not waive any rights Freddie Mac may have available under the Guide or other applicable Purchase Documents including, without limitation, the right to withhold workout compensation for any modifications undertaken by the Servicer where required settlement documentation or accurate settlement data is not provided in accordance with the time frame set forth above or the terms of the modification do not comply with the underwriting requirements of the Guide or other applicable Purchase Documents. Once the data entered onto the “Settlement Request” screen has been submitted to Freddie Mac, Servicers should monitor the Modification Pending Update report, accessible via the “Modifications” tile of the Servicer’s Servicer Performance Profile (SPP). (See Exhibit 88, Servicing Tools.) All Mortgages that are scheduled to be processed in Freddie Mac’s systems will appear on this report in the SPP. In addition, Freddie Mac will notify Servicers that the modification has been processed in Freddie Mac’s systems via the Modification Status Overview report in the SPP. If a Servicer attempts to report a monthly loan-level transaction on a Mortgage based on the modified terms prior to the modification being processed in Freddie Mac’s systems, the Servicer will not be able to successfully complete the transaction. ■ Comply with the reporting requirements set forth in Section 9206.4(c) to complete the loan modification. Freddie Mac will enter a credit for its proportionate share of the capitalized amount, if applicable, on the Adjustment line of the Servicer’s Monthly Account Statement (MAS) plus an adjustment for any miscellaneous interest, if applicable
cModification reporting and drafting requirements Freddie Mac will…4,922 ch
(c) Modification reporting and drafting requirements Freddie Mac will process and settle Mortgage modifications daily, except on the first Business Day of the month, and notify the Servicer through the Loan Modification Status Report when a loan modification has settled. During settlement, Freddie Mac will update the DDLPI to be the Modification Effective Date. The Servicer must comply with the following reporting requirements: (i) Before the first modified payment is due The Servicer must report in accordance with the Note and Security Instrument, and any modification agreement, if applicable. In doing so, the Servicer must report to Freddie Mac as follows: Modification reporting requirements If the Mortgage modification was settled in the current Accounting Cycle…. Then the Servicer must…. With the first modified payment due in the following month Report the next month’s forecasted scheduled interest based on the modified terms in the current Accounting Cycle With the first modified payment due in the current month Report the principal and forecasted scheduled interest based on the newly modified terms in the current Accounting Cycle. Note: If the Mortgage modification settles after the P&I Determination Date and the Servicer does not report the modified loan data, Freddie Mac will simulate the loan activity. Modification reporting requirements If the Mortgage modification was settled in the current Accounting Cycle…. Then the Servicer must…. And the Modification Effective Date is in a past Accounting Cycle, the Mortgage will remain inactive after the mortgage modification Complete a full reinstatement. Refer to Section 8303.3(j)(i) for reporting the corresponding payment and DDLPI date change. (The DDLPI would change to the same date as the Modification Effective Date.) If a Trial Period Payment is received in the same month that Freddie Mac settles the Mortgage modification and the pre-modified UPB is equal to the UPB reported in the current Accounting Cycle, the Trial Period Payment will be applied as a miscellaneous principal adjustment. (ii) After the modification has been executed Once the modification has been executed, the Servicer must update their Mortgage records to reflect the modified terms. In the next monthly Accounting Cycle after the effective date of the modification, the Servicer must report to Freddie Mac as follows: 1. Report the Mortgage in its Loan-Level Transaction using the modified terms and report any payments received after the modification agreement has been executed. If the modified Mortgage includes capitalized amounts, then the UPB field must reflect the modified UPB amount. Freddie Mac will enter a credit for its proportionate share of the capitalized amount, if applicable, on the Adjustment Line of the Servicer’s MAS. 2. On the P&I Draft Date, Freddie Mac will draft all modified principal and interest payments to Freddie Mac. The Servicer must update its Mortgage records to reflect the modified terms of the Mortgage as soon as the modification agreement has been executed. (iii) Drafting Freddie Mac will draft principal and interest payments in accordance with Section 8303.1(c)(ii). Adjustments for loan modification capitalized interest, miscellaneous principal, miscellaneous interest or reinstatement interest, if applicable, will be posted to the Draft Report in the month the loan modification settles on or before the P&I Determination Date. If the Loan Modification settles after the P&I Determination Date, these adjustments will be posted to the following month’s Draft Report. (iv) Postsettlement discrepancies The Servicer must report any postsettlement discrepancies to Freddie Mac via the Freddie Mac Servicing Data Corrections tool (see Exhibit 88, Servicing Tools) within 30 calendar days following the close of Freddie Mac’s Accounting Cycle in which the settlement occurred. When submitting a request to correct a postsettlement discrepancy, Servicers must upload the executed modification agreement or court documents to support the requested change in the Servicing Data Corrections tool and explain why the modification was not initially settled with data elements matching these documents. Freddie Mac may assess a contract noncompliance and contract change compensatory fee. (See Section 8303.5(i) for any postsettlement discrepancies submitted more than 60 calendar days after the close of Freddie Mac’s Accounting Cycle in which the settlement occurred.) Additionally, in the event the modification agreement did not comply with Freddie Mac’s requirements, Freddie Mac may pursue available remedies depending on the nature of the modification violation, including, but not limited to, a repurchase demand, repurchase alternative and/or recovery of any workout incentives that were paid. Note: Refer to Section 8303.2(a) for specific reporting requirements for Mortgages with partial principal forbearance.
dElectronic solicitation and modification (i) Defined terms For…9,233 ch
(d) Electronic solicitation and modification (i) Defined terms For purposes of this section: Defined terms pertaining to electronic solicitation and modification B Borrower As applicable to eModification Agreements, in addition to the definition contained in the Glossary, a person defined as a consumer under E-SIGN, to the extent E-SIGN applies to a transaction. For the purposes of this section, “Borrower” also includes any and all persons obligated under the terms of any applicable Note as the context shall permit or require. E Electronic Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities, as defined in the “UETA” and/or “E-SIGN”. Electronic Signature An “Electronic” sound, symbol or process attached to, or logically associated with, a contract or other “Record” and executed or adopted by a person with the intent to sign the “Record,” as defined in the “UETA” and/or “E-SIGN”. Electronic Transaction An action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs, using “Electronic” means, as defined in the “UETA” and/or “E-SIGN”. eModification Agreement an agreement that is an Electronic Record that complies with the applicable modification requirements of the Guide and includes, with respect to paper Notes, Electronic modification agreements and Electronic assumption and release of liability agreements under Chapters 9206 and 8406, respectively. eNote An Electronic Record that would be a promissory note if it was issued in paper, and that the Borrower has agreed to issue it as a Transferable Record. E-SIGN The federal Electronic Signatures in Global and National Commerce Act (15 U.S. Code, Chapter 96). eStorage System An Electronic computer storage system for storing Electronic Mortgage File Documents safely, securely, confidentially in accordance with the Guide and other Purchase Documents. eVault An Electronic storage system that uses computer hardware and software to store and maintain eNotes and other Electronic Records. R Record Information that is inscribed on a tangible medium or that is stored in an electronic or other medium and is retrievable in perceivable form as defined in the “UETA” and/or “E-SIGN.” A Record may be a paper or an “Electronic” document. U UETA The Uniform Electronic Transactions Act of 1999, promulgated by the U.S. Uniform Law Commission for consideration and enactment by the States. Reference to the UETA herein, means the UETA as promulgated by the U.S. Uniform Law Commission or the UETA as enacted by an applicable State. (ii) Electronic submission of documents Refer to Section 9102.5(d) for requirements regarding electronic submission of documents. (iii)Electronic solicitation Servicers may solicit Borrowers for a modification electronically and may add new Borrowers and release Borrowers pursuant to Electronic assumption and release of liability agreements provided the Servicer complies with the requirements of Section 1401.3(h) and other applicable Guide sections. (iv) eModification Agreements The requirements of this Section 9206.4(d) apply only to eModification Agreements of paper Notes and related Security Instruments. See Section 1402.5(c)(i) for requirements for eModification Agreements that modify an eMortgage. ■ Special representations and warranties A Servicer allowing Borrowers to receive, transmit or electronically sign an eModification Agreement represents and warrants to Freddie Mac that it has complied with the requirements of the Guide and that the eModification Agreement is authentic, its terms are valid and enforceable against the Borrower and the modified Mortgage complies with the requirements of Section 9206.2(c). ■ Restrictions on the use of an eModification Agreement An eModification Agreement may be a Category 3 SMARTDoc (v1.02), unless this Chapter 9206 requires the eModification Agreement to be recorded or in recordable format and the recording jurisdiction does not support the Category 3 SMARTDoc format. Servicers may not use an eModification Agreement if: ❑ The Mortgage, as modified by the eModification Agreement, would be invalid or unenforceable or would no longer be in First Lien position ❑ The jurisdiction in which the eModification Agreement would be recorded, when recordation is required, does not permit or provide for recordation of Electronic documents ❑ The Servicer is unable to comply with the recording jurisdiction’s recordation and formatting requirements for an Electronic document or the jurisdiction does not permit or provide for recordation of Electronic documents, and Sections 9206.2(c) or 9206.4(a) requires the Modification Agreement to be recorded or in recordable form Freddie Mac will not reimburse any costs that result from a Servicer’s decision to use an eModification Agreement, and such costs may not be assessed to the Borrower. ■ General requirements applicable to all Freddie Mac eModification Agreements Servicers must: ❑ Process, modify and store eModification Agreements of Freddie Mac Mortgages under requirements that are no less stringent than applicable industry standards when electronically processing, modifying and storing its own Electronic modification agreements for mortgages that it owns or services for others ❑ Consult with their legal counsel to ensure that the Servicer’s use, processing and storage of an eModification Agreement complies with all applicable federal, State and local laws ❑ Provide for Electronic notarization when required, subject to applicable law ❑ Comply with all requirements in the Servicing Contract to service the Mortgage, as modified by an eModification Agreement, including, but not limited to, Servicing obligations related to payoff or short sale (e.g., cancelation of the Mortgage, Note and eModification Agreement), grant of a deed-in-lieu of foreclosure, foreclosure, repurchase of an electronically modified Mortgage and litigation ❑ 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 Servicer execution that the Servicer can reproduce upon request by Freddie Mac ■ Additional requirements when the eModification Agreement must be recorded or in recordable format When an eModification Agreement must be recorded or in recordable format as required in Sections 9206.2(c) or 9206.4(a), a Servicer may use an eModification Agreement, provided the Servicer is able to comply with the recording jurisdiction’s recordation and Electronic format requirements. ■ Document custodial requirements Upon execution of an eModification Agreement, the Servicer must provide a copy of the executed eModification Agreement to its Document Custodian in a format that is acceptable to the Document Custodian, to be maintained or logically associated with the Note. If recordation is required, the Servicer must provide a copy of the recorded eModification Agreement or a copy of evidence of recordation together with a copy of the executed eModification Agreement to its Document Custodian. ■ Storage and safekeeping of eModification Agreements eModification Agreements (including printed paper copies of facsimiles of eModification Agreements) must be stored in accordance with the Guide requirements for storing Mortgage file documents and must be stored in an eVault or eStorage System. eModification Agreements must be logically associated with all paper Mortgage file documents so that all Servicing records (both paper and Electronic) are identified and associated with the affiliated Mortgage transaction. ■ Transfers of Servicing Upon a Transfer of Servicing involving Mortgages with eModification Agreements, the Transferor Servicer must comply with Section 7101.1(b)(ii)(B)#8 and inform the Transferee Servicer of the name of the eVault or eStorage System holding the eModification Agreement. The Transferor Servicer must cause its eVault or eStorage System provider to transfer the eModification Agreement and all related data to the Transferee Servicer’s eVault or eStorage System provider in a manner that ensures the ongoing validity and enforceability of the eModification Agreement and its associated Electronic Signature. A Transferor Servicer may not satisfy its obligations under this section by relying on Section 7101.5(a) by generating paper copies of eModification Agreements for the Transferee Servicer. ■ Data security requirements and data privacy protection Servicers must follow data security requirements in Sections 1302.2 and 1401.2(c) and the data privacy protection standards in Section 8101.4(d). Servicers are required to maintain their eStorage System and conduct periodic information security reviews of the data stored and maintained in such systems based on, but not limited to, applicable federal, State and local laws and regulations and the Guide. Freddie Mac reserves the right to require a Servicer to implement additional security measures regarding its Servicing eStorage System. ■ Disaster recovery/business continuity plan Refer to Section 1302.3 for Seller/Servicer business continuity planning requirements.
Operationalizing Freddie Mac Single-Family Seller/Servicer Guide 9206.4 — Settling, reporting and data submission for loan modification
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