Servicing Guide

Published July 15, 2020

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Fannie Mae Investor Reporting Manual - Chapter 4, Special Loan Handling

Chapter 4, Special Loan Handling 

4-01, Reporting a Mortgage Loan After Modification (08/15/2018)

4-02, Reporting a Mortgage Loan After Reclassification (01/18/2017)

4-03, Reporting During the First Reporting Cycle for “Same Month” MBS Mortgage Loans (01/18/2017)

4-04, Reporting Military Indulgence to Fannie Mae (11/12/2014)

4-05, Reporting a Seriously Delinquent Mortgage Loan as Current (01/18/2017)

4-06, Reporting When an Error Occurs After the Reporting Period Ends (01/18/2017)

4-01, Reporting a Mortgage Loan After Modification (08/15/2018)  

Loan activity reporting must continue on a delinquent loan that is being modified. If, in the final month of the trial period, the sum of unapplied trial period payments is equal to or greater than a full contractual payment on the underlying mortgage loan, and the mortgage loan modification is closed in the same month, the servicer must report the contractual payment before the post-modification balances can be reported. This will require two LARs and two reporting cycles to complete. 

The final pre-modification UPB and final pre-modification LPI values in Fannie Mae’s servicing solutions system must match the last reported UPB and LPI in Fannie Mae’s investor reporting system. If the values do not match this will cause an exception in Fannie Mae’s servicing solutions system and the case cannot close until this discrepancy is resolved.

In the reporting period that Fannie Mae’s servicing solutions system successfully reports the final modification to Fannie Mae’s investor reporting system, the servicer must report a LAR. The following table provides additional instructions based on what is processed in the current reporting month prior to acceptance of the Delinquency Modification.

If...

Then…

a LAR with LPI and UPB movement was processed in the current reporting month prior to the Delinquency Modification’s acceptance

  • the first LAR that Fannie Mae will accept will be in the next reporting month.

a LAR without LPI or UPB movement, or No LAR is processed, in the current reporting month prior to the Delinquency Modification’s acceptance

a LAR with after modification activity can be reported in the current reporting month.

any additional LARs are received after a LAR with LPI and UPB movement was processed in the current reporting month prior to the Delinquency Modification’s acceptance

 

the additional LARs will be deemed “Invalid” and be reflected as such in the Loan Activity Summary Report. A detailed list can be obtained from your Investor Reporting Analyst.

Note: This is applicable to Bankruptcy Cramdowns as well.

The servicer must report the modification of any mortgage loan in the first delinquency status information it transmits to Fannie Mae after Fannie Mae approves the mortgage loan modification. Existing monthly LAR reporting requirements for Fannie Mae servicers apply for a mortgage loan that has been modified.

The following table provides additional instructions related to special reporting requirements for loan modifications that include a principal forbearance.

If a mortgage loan modification includes…...

Then the servicer must…

a principal forbearance

  • report the net UPB (full UPB minus the forbearance amount) in the “Actual UPB” field in the LAR for the reporting month that the mortgage loan modification becomes effective, and
  • report interest on the LAR based on the net UPB.
  • Note: The initial reduction in UPB caused by the principal forbearance must not be reported to Fannie Mae as a principal curtailment.

a principal forbearance resulting in a balloon payment due upon the borrower's sale of the property or payoff, or maturity of the mortgage loan

  • include the principal forbearance amount when reporting principal on the LAR, when reporting a payoff or repurchase of the mortgage loan, but
  • never compute interest on the principal forbearance amount, including at the time of liquidation.
  • Note: Attempting to report a payoff or repurchase without including the principal forbearance amount will generate an exception (hard reject) upon submission of the LAR.

a principal forbearance for which a principal curtailment is received

  • apply the principal curtailment to the interest-bearing UPB.
  • If the principal curtailment is greater than or equal to the interest-bearing UPB, then the curtailment must be applied to the principal forbearance portion.
  • If the curtailment satisfies the principal forbearance portion, any remaining funds must be applied to the interest-bearing UPB.

4-02, Reporting a Mortgage Loan After Reclassification (01/18/2017)

If Fannie Mae reclassifies a delinquent scheduled/scheduled remittance type special servicing option MBS mortgage loan as an actual/actual remittance type mortgage loan that Fannie Mae will hold in its portfolio, Fannie Mae will reimburse the servicer its delinquency advances for scheduled P&I once Fannie Mae completes the reclassification.

With the exclusion of PFP mortgage loans with a scheduled/scheduled remittance type, MBS mortgage loans (regular and special servicing option mortgage loans) removed from MBS pools in this manner will become actual/actual remittance type mortgage loans that Fannie Mae will hold in its portfolio, identifying them by

  • the Fannie Mae loan number,
  • the servicer’s loan number, and
  • the property address.

The servicer must adjust the remittance type in their systems to actual/actual and report a LAR reflecting the loan as actual/actual before the interim reporting end date. If a valid A/A LAR has not been processed by the interim reporting end date, the Loan Activity Rejects report will show an exception of “Missing LAR – Loan Reclass” in the first report produced for the day.

PFP mortgage loans with an original scheduled/scheduled remittance type will remain a scheduled/scheduled remittance type even after being removed from the pool. The servicer does not need to report a LAR after the reclassification unless the servicer has not reported a LAR for the reporting period.

4-03, Reporting During the First Reporting Cycle for “Same Month” MBS Mortgage Loans (01/18/2017)

When a mortgage loan in an MBS pool is closed in the same month that the pool is issued, the borrower does not owe the servicer a monthly payment until after the servicer's first monthly remittance must be made to Fannie Mae. Therefore, the servicer must use its own funds to advance the interest that is scheduled to be passed through to Fannie Mae for the mortgage loan in that month and to make the first guaranty fee remittance. The interest advance represents one month's interest, calculated on the issue date principal balance of the mortgage loan and using either:

  • the pass-through rate for the pool (for a fixed-rate mortgage loan),
  • the pool accrual rate (for an ARM in a stated-structure pool), or
  • the accrual rate for the mortgage loan (for an ARM in a weighted-average structure ARM Flex® pool).

The servicer's first remittance for a mortgage loan submitted for “same month” pooling will be an interest-only remittance, unless the borrower sends the servicer a curtailment before the first payment is due on the mortgage loan. This means that the servicer must not report a scheduled principal reduction.

The following table provides additional scenarios and Fannie Mae’s requirements for each of those scenarios associated with “same month” MBS mortgage loans.

If the servicer…

Then…

reports a regular scheduled principal payment for one of these mortgage loans for the first reporting cycle

the transaction will “hard reject.”

receives a curtailment for one of these mortgage loans

the servicer must reduce the actual mortgage loan balance by the amount of the curtailment as well as report the curtailment in the Principal Remittance.

receives a prepaid installment for one of these mortgage loans during the month the MBS pool is issued, but after the pool was delivered to Fannie Mae

the servicer must report the reduced mortgage loan balance to Fannie Mae as the “actual UPB” but not report any principal remittance.

  • Note: Not reporting a Principal Remittance on this LAR ensures that the Scheduled UPB will continue to equal the issue date balance.

The following chart illustrates how a servicer would report a Transaction Type 96 (Loan Activity Record) for its December reports (for mortgage loans in a pool that had a November issue date) to reflect the application for a current mortgage loan (one for which no payment has come due), a prepaid mortgage loan, and a current mortgage loan that has had a $100 curtailment applied.

Loan
Identification

LPI
Date

Actual Unpaid
Balance

Interest
Remitted

Principal
Remitted

Current

January 2017

$100,000.00

$1,000.00

Prepaid

February 2017

$99,980.00

$1,000.00

Curtail

January 2017

$99,900.00

$1,000.00

$100.00

4-04, Reporting Military Indulgence to Fannie Mae (11/12/2014)

In order to facilitate the servicer in taking appropriate action in cases where military indulgence is warranted or required, the servicer must follow the procedures in Servicing Guide F-1-20, Processing Military Indulgence, which provides a consolidated presentation of all of the relevant material on Fannie Mae's specific procedures for providing relief to U.S. servicemembers under the Servicemembers Civil Relief Act and its additional forbearance policies.

4-05, Reporting a Seriously Delinquent Mortgage Loan as Current (01/18/2017)

When a whole mortgage loan or any other participation pool mortgage loan that is more than three months' delinquent is brought current (fully reinstated) before the foreclosure sale is held, the servicer will have been reimbursed for a portion of its interest advances. Therefore, the servicer must make appropriate adjustments to ensure that Fannie Mae receives all of the monthly interest payments that it is due. If an interest adjustment date occurs while an ARM is delinquent, the servicer must consider any changes to the pass-through rate for the mortgage loan when calculating the amount of interest due Fannie Mae. The formulas for determining the interest remittance appear in the following table.

A

Interest Recovery (For FRMs and Unadjusted ARMs)

 

Previously Reported UPB x Pass-through Rate ÷ 12

x

Fannie Mae's Percentage Interest

x

Number of Months that have elapsed from the Previously Reported LPI Date through the end of the Reporting Period

=

Interest Amount Required to Bring Mortgage Current

B

Interest Recovery (For Adjusted ARMs)

 

Previously Reported UPB x Pass-through Rate ÷ 12

x

Fannie Mae's Percentage Interest

x

Number of Months that have elapsed from the Previously Reported LPI Date until the LPI Date that the New Pass-through Rate becomes effective.

=

Interest Amount to be Remitted at Previous Pass-through Rate

Previously Reported UPB x New Pass-through Rate ÷ 12

x

Fannie Mae's Percentage Interest

x

Number of Months that have elapsed from the LPI Date that the New Pass-through Rate became effective through the end of the Reporting Period

=

Interest Amount to be Remitted at New Pass-through Rate

Interest Amount to be Remitted at Previous Pass-through Rate

+

Interest Amount to be Remitted at New Pass-through Rate

=

Total Interest Amount Required to Bring Mortgage Current

To bring a seriously delinquent mortgage loan current under Fannie Mae's investor reporting system, the servicer must report the interest remittance with its Transaction Type 96 (Summary Loans) or Transaction Type 96 and 97 (Detailed Reporting Loans) LAR as interest from the previously reported LPI date through the end of the reporting period. The following table illustrates the relationship between the mortgage loan status, the interest due, and the interest remitted.

Mortgage LPI

Reporting Period

Date April 2017

April 2017

May 2017

June 2017

July 2017

August 2017

Sept. 2017

Mortgage Status

Current

1 mo. Delq.

2 mo. Delq.

3 mo. Delq.

4 mo. Delq.

Current

Interest Due Fannie Mae

1 mo.

1 mo.

1 mo.

1 mo.

1 mo.

1 mo.

Interest Remittance

1 mo.*

1 mo.

1 mo.

1 mo.

(-3 mos.)

5 mo.

 

3 mos.

+

1 mo.

+

1 mo.

               

In the preceding example, the interest due Fannie Mae covers:

  • the three months that the servicer has already recovered,
  • the one month that the servicer has not recovered,
  • interest for the month when the servicer reimbursed itself, and
  • interest due for the reporting period.

Since the servicer has not recovered interest advanced for one of the months, it must only remit five months of interest to Fannie Mae.

If the interest adjustment date for an ARM occurs during the delinquency period, the servicer must calculate the amount of interest due to Fannie Mae when the mortgage loan is brought current in two steps, as shown in the following table.

Step

Servicer Actions

1

Using the earlier pass-through rate.

2

Using the new pass-through rate that results from the interest rate adjustment.

Note: A new pass-through rate goes into effect for reporting purposes in the month that the monthly payment changes for the mortgage loan. Other than that, the interest remittance must be determined as previously described.

In the preceding example, if the effective date for the interest adjustment is June 2017; the servicer must calculate:

  • two of the five months of interest due Fannie Mae at the previous pass-through rate, and
  • three months of interest at the new pass-through rate.

4-06, Reporting When an Error Occurs After the Reporting Period Ends (01/18/2017)

Reporting an Error for a Removal Transaction

The servicer must not change either the action code or action date through the regular investor reporting process if a payoff, repurchase or liquidation error is discovered after the final transactions for the reporting period have been transmitted to Fannie Mae.

The servicer must report these errors to either its Fannie Mae Investor Reporting Representative or through Fannie Mae's SF CPM division (or both), depending on the nature of the change (see Servicing Guide F-4-03, List of Contacts.

The removal of an MBS mortgage loan from an MBS pool cannot be reversed. However, the servicer may send a written explanation to its Fannie Mae Servicing Representative (see Servicing Guide F-4-03, List of Contacts) that provides the reason for the removal. At Fannie Mae’s sole discretion, the mortgage loan may be held as a portfolio mortgage loan.

To inform Fannie Mae of a change an action date for an Action Code 60, 65, or 67, the servicer must submit written notice and justification for the change to its Fannie Mae Investor Reporting Representative (see Servicing Guide F-4-03, List of Contacts).

The following table provides additional information on requirements for changing the action code.

If the original action code was…

And the new action code is…

Then the servicer must…

a 70 or 72

71

notify Fannie Mae’s SF CPM division to cancel any REOgram notice that was submitted previously.

a 71

a 70 or 72

submit an REOgram to notify Fannie Mae’s SF CPM division about the property acquisition.

Reporting an Error for an ARM Loan

In accordance with Servicing Guide C-2.2-01, Identifying and Disclosing Adjustment Errors the servicer must verify all previous interest rate and payment adjustments were correctly handled for a mortgage loan before it corrects an identified adjustment error. Once the servicer verifies the correct interest rate or monthly payment for each adjustment date that has occurred, it must re-amortize the mortgage loan from the date of the first erroneous adjustment through the date the LPI was applied to determine whether the borrower has been overcharged or undercharged. The servicer must follow the procedures in Re-Amortizing the Mortgage Loan in Servicing Guide F-1-01, Servicing ARM Loans to complete the re-amortization.

The servicer must determine whether the borrower’s monthly payment needs to be changed as a result of any ARM adjustment error. If the net effect of correcting an adjustment error is an undercharge, it cannot be collected from the borrower, nor can the UPB of the mortgage loan be changed to offset it.

The servicer must provide the following information to its Fannie Mae Investor Reporting Representative (see Servicing Guide F-4-03, List of Contacts) to support a request for a correction of any ARM adjustment error:

  • a brief cover letter that explains the exact nature of the error, and
  • supporting documentation for the proposed corrective action (such as copies of the servicer's ARM audit analysis for the mortgage loan, the mortgage note and ARM rider, payment history records, corrected amortization schedules, the lender's negotiated contract, purchase advices etc.).

See also Servicing Guide F-4-03, List of Contacts for additional information. After the servicer confirms ARM adjustment error(s) and has re-amortized the mortgage loan, the servicer must correct the error(s) in its and Fannie Mae’s records.

Correcting Interest Rate and Payment Change Errors for an ARM Loan

When an ARM adjustment error involves an interest rate and payment change error and the error results in the use of a lower interest rate (and related monthly payment, if applicable):

  • the mortgage loan amortizes at a faster pace, and 
  • the UPB is lower than it would have been from the amortization of the borrower's actual payment at the correct, higher interest rate.

Since Fannie Mae has decided that the borrower will not be required to make up undercharges, the servicer must not change the mortgage loan balance in Fannie Mae's investor reporting system records even though too little of the borrower's payment would have been applied to interest and too much to principal. The following table provides additional information depending on mortgage loan type. 

If the interest rate and payment change error pertains to…

Then…

a portfolio mortgage loan with an actual/actual remittance type

Fannie Mae will treat the over-application of principal as a curtailment that was previously applied and will either

  • adjust the servicer's shortage/surplus account to reflect the servicer's under-remittance of interest, or
  • advise the servicer to increase its next remittance by the amount of additional interest due Fannie Mae.

a portfolio mortgage loan with a scheduled/scheduled or scheduled/actual remittance type

Fannie Mae will adjust the loan level draft by the amount of additional interest due or the servicer's under-remittance of interest.

a mortgage loan in an MBS pool with a scheduled/scheduled remittance type

The servicer's principal over-remittance cannot be recovered from the security holder—even though the security balance will be lower than it should have been—since the over-remittance will have been considered as the remittance of an “unscheduled principal payment.”

The servicer must send Fannie Mae the difference between the interest that was applied using the incorrect balance and, the interest that should have been applied using the “correct” balance and rate.

When an ARM adjustment error involves an interest rate and payment change error and the error results in the use of a higher interest rate (and related monthly payment) than was required

  • the mortgage loan amortizes at a slower pace, and
  • the UPB is higher than it would have been from the amortization of the borrower's actual payment at the correct interest rate.

Although the servicer would have applied too much of the borrower's payment to interest and too little to principal, the servicer must not change the mortgage loan balance in Fannie Mae's investor reporting system records since Fannie Mae does not require it to change the borrower's actual UPB. Fannie Mae will recover the principal under-remittance as the higher UPB amortizes. Fannie Mae is not obligated to pay the servicer any interest on the amount of its over-remittance because the servicer is responsible for the accuracy of its ARM adjustments. The following table provides the servicer with additional information on how Fannie Mae will treat the error depending on mortgage loan type.

If the interest rate and payment change error pertains to…

Then…

a portfolio mortgage loan with an actual/actual remittance type

will either:

  • adjust the servicer's shortage/surplus account to reflect the servicer's under-remittance of interest, or
  • advise the servicer to increase its next remittance by the amount of additional interest due Fannie Mae.

a portfolio mortgage loan with a scheduled/scheduled or scheduled/actual remittance type

Fannie Mae will adjust the loan level draft by the amount of additional interest due or the servicer's under-remittance of interest.

a mortgage loan in an MBS pool with a scheduled/scheduled remittance type

will not refund the servicer's over-remittance of interest since it is not recoverable from the security holder.

Correcting an Interest Rate Change Error Only for an ARM Loan

When an ARM adjustment error involves an interest rate change error only and the error results in the use of a lower interest rate than was required:

  • the mortgage loan amortizes at a faster pace, and
  • the UPB is lower than it would have been from the amortization of the borrower's actual payment at the correct, higher interest rate.

Since Fannie Mae has decided that the borrower will not be required to make up undercharges, the servicer must not change the mortgage loan balance in Fannie Mae's investor reporting system records even though too little of the borrower's payment would have been applied to interest and too much to principal. The following table provides additional information depending on mortgage loan type.

If the interest rate and payment change error pertains to…

Then…

a portfolio mortgage loan with an actual/actual remittance type

Fannie Mae will treat the over-application of principal as a curtailment that was previously applied and will either

  • adjust the servicer's shortage/surplus account to reflect the servicer's under-remittance of interest, or
  • advise the servicer to increase its next remittance by the amount of additional interest due Fannie Mae.

a portfolio mortgage loan with a scheduled/scheduled or scheduled/actual remittance type

Fannie Mae will adjust the loan level draft by the amount of additional interest due or the servicer's under-remittance of interest.

a mortgage loan in an MBS pool with a scheduled/scheduled remittance type

The servicer's principal over-remittance cannot be recovered from the security holder—even though the security balance will be lower than it should have been—since the over-remittance will have been considered as the remittance of an “unscheduled principal payment.”

The servicer must send Fannie Mae the difference between the interest that was applied using the incorrect balance and, the interest that should have been applied using the “correct” balance and rate.

When an ARM adjustment error involves an interest rate error only and the error results in the use of a higher interest rate than was required by the mortgage note:

  • the borrower has not actually paid too much, but
  • his or her actual payment has been misallocated between principal and interest.

The servicer must report a curtailment to Fannie Mae to reduce the UPB of the mortgage loan by the amount of the interest overcharge, rather than refunding the overcharge to the borrower. The following table provides additional information depending on mortgage loan type.

If the interest rate error pertains to…

Then the servicer must…

a portfolio mortgage loan with an actual/actual remittance type

not remit the funds for the curtailment since it has already over remitted interest to Fannie Mae.

However, if the servicer cannot process a curtailment (which is normally a “cash” transaction) without remitting funds, it must report a “noncash” adjustment for the amount by which the UPB in Fannie Mae's records needs to be reduced—as long as its Fannie Mae Investor Reporting Representative (see Servicing Guide F-4-03, List of Contacts) agrees to this approach.

Note: The principal under-remittance and the interest over-remittance will be offsetting entries so there is no effect on the servicer's shortage/surplus account and neither Fannie Mae nor the servicer owes the other any money.

a portfolio mortgage loan with a scheduled/scheduled or scheduled/actual remittance type

remit the amount of the principal under-remittance to Fannie Mae as an “unscheduled principal payment.”

Fannie Mae will refund that over-remittance to the servicer.

a mortgage loan in an MBS pool with a scheduled/scheduled remittance type

remit the amount of the principal under-remittance to Fannie Mae as an “unscheduled principal payment.”

Even though the servicer over remitted interest to Fannie Mae, Fannie Mae will not refund that over-remittance to the servicer since it is not recoverable from the security holder.

Fannie Mae is not obligated to pay the servicer any interest on the amount of its over-remittance for either a portfolio mortgage loan or an MBS mortgage loan because the servicer is responsible for the accuracy of its ARM adjustments.

Correcting a Payment Change Error Only for an ARM Loan

When an ARM adjustment error involves a payment change error only and the error results in the use of a higher monthly payment than was required:

  • the mortgage loan amortizes at a faster pace, and
  • the UPB is lower than it would have been from the amortization of the mortgage loan using the correct monthly payment.

In these cases, Fannie Mae treats the over-application of principal as a curtailment that was previously applied and leaves the existing UPB in place. However, if the borrower elected to receive a refund of the principal overcharge (or was otherwise given credit for the overcharge), the servicer must increase the UPB of the mortgage loan by the amount of the overcharge by reporting the reversal of a curtailment. The following table provides additional details depending upon the mortgage loan type.

If the payment change error pertains to…

Then…

a portfolio mortgage loan with an actual/actual remittance type

Fannie Mae will either:

  • adjust the servicer's shortage/surplus account to reflect the previous principal over-remittance, or
  • advise the servicer to decrease its next remittance by the amount of the overpaid principal.

a portfolio mortgage loan with a scheduled/scheduled or scheduled/actual remittance type

Fannie Mae will adjust the loan-level draft to alow the servicer to recover the principal over-remittance.

a mortgage loan in an MBS pool with a scheduled/scheduled remittance type

The servicer's principal over-remittance (which results from the curtailment reversal) cannot be recovered from the security holder since it will have been considered as the remittance of an “unscheduled principal payment.”

When an ARM adjustment error involves a payment change error and the error results in the use of a lower monthly payment than was required:

  • the mortgage loan amortizes at a slower pace, and  
  • the UPB is higher than it would have been from the amortization of the mortgage loan using the correct monthly payment.

Although the servicer would have applied too much of the borrower's payment to interest and too little to principal, the servicer must not change the mortgage loan balance in Fannie Mae's investor reporting system records since Fannie Mae will not require the borrower to make up the principal undercharge. The following table provides additional information for correcting the error depending on mortgage loan type.

If the payment change error pertains to…

Then Fannie Mae…

a portfolio mortgage loan with an actual/actual remittance type

will either:

  • adjust the servicer's shortage/surplus account to reflect the servicer's over-remittance of interest, or
  • advise the servicer to decrease its next remittance by the amount of the overpaid interest.

a portfolio mortgage loan with a scheduled/scheduled or scheduled/actual remittance type

will refund the servicer’s over-remittance of interest.

a mortgage loan in an MBS pool with a scheduled/scheduled remittance type

will not refund the servicer's over-remittance of interest since it is not recoverable from the security holder.

Fannie Mae is not obligated to pay the servicer any interest on the amount of its over-remittance for either a portfolio mortgage loan or an MBS mortgage loan because the servicer is responsible for the accuracy of its ARM adjustments.

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