Freddie Mac Single-Family Seller/Servicer Guide Chapter 9301 — Foreclosure

fhlmc-9301

Chapter 9301 of the Freddie Mac Single-Family Seller/Servicer Guide governs the foreclosure process: foreclosures overview and Servicer responsibilities, preforeclosure referral account review, referral timing for primary and non-primary residences, foreclosure counsel selection, foreclosure sale bidding, and post-sale activities. NOTE: actual title is "Foreclosure"; Freddie's bankruptcy rules live in Chapter 9401.

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source:
  type: regulation
  id: fhlmc-9301
  authority: Freddie Mac Single-Family Seller/Servicer Guide Chapter 9301 — Foreclosure
  description: |
    Chapter 9301 of the Freddie Mac Single-Family Seller/Servicer Guide
    governs the foreclosure process: foreclosures overview and Servicer
    responsibilities, preforeclosure referral account review, referral
    timing for primary and non-primary residences, foreclosure counsel
    selection, foreclosure sale bidding, and post-sale activities.
    NOTE: actual title is "Foreclosure"; Freddie's bankruptcy rules live
    in Chapter 9401.
obligations:
  - id: fhlmc-9301-manage-foreclosure-when-no-alternative
    canonical_id: fhlmc-9301-manage-foreclosure-when-no-alternative
    section: Freddie Mac Guide Section 9301.1(a) — Foreclosures on Freddie Mac Mortgages
    description: |
      [LENDER] must refer to, manage and complete foreclosure in accordance
      with Chapter 9301 when there is no available alternative to
      foreclosure, and must manage the foreclosure process to acquire clear
      and marketable title to the property in a cost-effective, expeditious
      and efficient manner.
    type: do
    audit_question: Can [LENDER] evidence that, for every Freddie Mac-serviced Mortgage where no alternative to foreclosure was available, foreclosure was referred, managed, and completed in accordance with Chapter 9301 to acquire clear and marketable title in a cost-effective, expeditious, and efficient manner?
    program_review: Does the program ensure that when no alternative to foreclosure is available, foreclosure is referred/managed/completed per Chapter 9301 to acquire clear and marketable title in a cost-effective, expeditious, efficient manner?
    file_review: For foreclosed loans, confirm no alternative was available and that the process pursued clear/marketable title per Chapter 9301. The compliance person judges efficiency/cost-effectiveness.
    judgment: true
    feeds: []
    workflow_phase: servicing
    owner_role: foreclosure_specialist
    secondary_owner_role: compliance_officer
    cadence: per-foreclosure-event
    consequence: ''
    tags:
      - round-b
      - regulator-direct
      - fhlmc
      - freddie-mac
      - servicing-guide
      - foreclosure
      - management
      - promoted
    primary_source:
      tier: 1
      authority: Freddie Mac Single-Family Seller/Servicer Guide Section 9301.1(a)
      source_class: fhlmc-guide
      source_url: https://guide.freddiemac.com/ci-guide
      snapshot_id: 5869ee9e606cd4ae
      fetched_at: '2026-05-23T00:27:40Z'
      content_hash: sha256:9a1b23e5024bb369e7a59d36b3702383c11ace68b5d209fdef791bc8f955c637
      paragraph_quote: The Servicer must refer to, manage and complete foreclosure in accordance with this chapter
      drafter_attestation: Copied verbatim from Freddie Mac Guide snapshot 5869ee9e606cd4ae (Chapter 9301) at 2026-05-22.
    promoted_at: '2026-05-23T01:09:08+00:00'
    promoted_from: fhlmc-9301-roundb-v1.yaml
  - id: fhlmc-9301-15-day-prereferral-file-review
    canonical_id: fhlmc-9301-15-day-prereferral-file-review
    section: Freddie Mac Guide Section 9301.2(a)(i) — Review of the Mortgage file
    description: |
      Within 15 days prior to referral to foreclosure, [LENDER] must review
      the Mortgage file to verify that it made every attempt to achieve
      quality right party contact in accordance with Section 9102.3 and
      that there is no approved payment arrangement or pending alternative
      to foreclosure offer for which the Borrower response period has not
      expired; results of the review must be documented in the Mortgage
      file or servicing system.
    type: do
    audit_question: Can [LENDER] evidence that, for every Freddie Mac foreclosure referral, the Mortgage file was reviewed within 15 days prior to referral and the review results were documented in the Mortgage file or servicing system?
    program_review: Does the program ensure a within-15-days-prior-to-referral file review verifies QRPC efforts per §9102.3 and the absence of an approved payment arrangement or pending alternative with an unexpired Borrower response period, documented in the file/servicing system?
    file_review: For foreclosure referrals, confirm a documented 15-day prereferral file review covering QRPC efforts and the no-pending-arrangement check.
    judgment: false
    feeds:
      - fhlmc-9301-refer-after-breach-letter-and-not-earlier-than-151
    workflow_phase: servicing
    owner_role: foreclosure_specialist
    secondary_owner_role: compliance_officer
    cadence: per-foreclosure-referral
    consequence: ''
    tags:
      - round-b
      - regulator-direct
      - fhlmc
      - freddie-mac
      - servicing-guide
      - foreclosure
      - pre-referral-review
      - 15-day
      - promoted
    primary_source:
      tier: 1
      authority: Freddie Mac Single-Family Seller/Servicer Guide Section 9301.2(a)(i)
      source_class: fhlmc-guide
      source_url: https://guide.freddiemac.com/ci-guide
      snapshot_id: 5869ee9e606cd4ae
      fetched_at: '2026-05-23T00:27:40Z'
      content_hash: sha256:9a1b23e5024bb369e7a59d36b3702383c11ace68b5d209fdef791bc8f955c637
      paragraph_quote: Within 15 days prior to referral to foreclosure, the Servicer must review the Mortgage file
      drafter_attestation: Copied verbatim from Freddie Mac Guide snapshot 5869ee9e606cd4ae (Chapter 9301) at 2026-05-22.
    promoted_at: '2026-05-23T01:09:08+00:00'
    promoted_from: fhlmc-9301-roundb-v1.yaml
  - id: fhlmc-9301-refer-after-breach-letter-and-not-earlier-than-151
    canonical_id: fhlmc-9301-refer-after-breach-letter-and-not-earlier-than-151
    section: Freddie Mac Guide Section 9301.2(c)(i) — When to refer a Primary Residence Mortgage to foreclosure
    description: |
      [LENDER] must refer a Primary Residence Mortgage to foreclosure after
      expiration of the breach letter, but no earlier than 151 days from
      the DDLPI (121st day of Delinquency), and must not refer to
      foreclosure if prohibited by applicable law or if an approved payment
      arrangement, pending Borrower Response Package evaluation, pending
      alternative-to-foreclosure offer, or unexpired appeals period applies.
    type: do
    audit_question: Can [LENDER] evidence that, for every Primary Residence Mortgage referred to foreclosure, referral occurred after expiration of the breach letter and no earlier than 151 days from the DDLPI (121st day of Delinquency), and that no Mortgage was referred where any Section 9301.2(c)(i) exception applied?
    program_review: Does the program ensure Primary-Residence foreclosure referral occurs after breach-letter expiration and no earlier than 151 days from DDLPI (121st day of Delinquency), and never where law, an approved arrangement, pending BRP evaluation, pending alternative offer, or unexpired appeals period applies?
    file_review: For referrals, confirm breach-letter expiration and the ≥151-days-from-DDLPI timing, and that no §9301.2(c)(i) exception applied.
    judgment: false
    feeds: []
    workflow_phase: servicing
    owner_role: foreclosure_specialist
    secondary_owner_role: compliance_officer
    cadence: per-foreclosure-referral
    consequence: ''
    tags:
      - round-b
      - regulator-direct
      - fhlmc
      - freddie-mac
      - servicing-guide
      - foreclosure
      - primary-residence
      - 151-day
      - breach-letter
      - promoted
    primary_source:
      tier: 1
      authority: Freddie Mac Single-Family Seller/Servicer Guide Section 9301.2(c)(i)
      source_class: fhlmc-guide
      source_url: https://guide.freddiemac.com/ci-guide
      snapshot_id: 5869ee9e606cd4ae
      fetched_at: '2026-05-23T00:27:40Z'
      content_hash: sha256:9a1b23e5024bb369e7a59d36b3702383c11ace68b5d209fdef791bc8f955c637
      paragraph_quote: The Servicer must refer a Mortgage to foreclosure after expiration of the breach letter,
      drafter_attestation: Copied verbatim from Freddie Mac Guide snapshot 5869ee9e606cd4ae (Chapter 9301) at 2026-05-22.
    promoted_at: '2026-05-23T01:09:08+00:00'
    promoted_from: fhlmc-9301-roundb-v1.yaml
_promotion_history:
  - promoted_at: '2026-05-23T01:09:08+00:00'
    candidate_path: obligations\_remediation\_round_b_drafts\fhlmc-9301-roundb-v1.yaml
    candidates_promoted: 3
    candidates_skipped_existing: 0

Verbatim regulatory text (3)

Verbatim provisions from Freddie Mac Single-Family Seller/Servicer Guide Chapter 9301 — Foreclosure — 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 Section 9301.1(a) — Foreclosures on Freddie Mac Mortgages

The Servicer must refer to, manage and complete foreclosure in accordance with this chapter

Source: Freddie Mac Single-Family Seller/Servicer Guide Section 9301.1(a) · source URL · snapshot 5869ee9e606cd4ae

Freddie Mac Guide Section 9301.2(a)(i) — Review of the Mortgage file

Within 15 days prior to referral to foreclosure, the Servicer must review the Mortgage file

Source: Freddie Mac Single-Family Seller/Servicer Guide Section 9301.2(a)(i) · source URL · snapshot 5869ee9e606cd4ae

Freddie Mac Guide Section 9301.2(c)(i) — When to refer a Primary Residence Mortgage to foreclosure

The Servicer must refer a Mortgage to foreclosure after expiration of the breach letter,

Source: Freddie Mac Single-Family Seller/Servicer Guide Section 9301.2(c)(i) · source URL · snapshot 5869ee9e606cd4ae