Servicing Guide

Published November 10, 2020

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What are the servicer responsibilities when processing and applying payment shortages?

The servicer must accept and apply any borrower payment that includes the full amount for 

  • principal,

  • interest,

  • taxes, and

  • insurance.

The servicer must accept and apply these funds even though the amount excludes any applicable late charges, if permitted by applicable law and to the extent that acceptance would not jeopardize the servicer’s position in legal proceedings, such as foreclosure.

If the interest rate of a mortgage loan has been reduced in accordance with D2-3.4-01, Military Indulgence, the servicer must waive the collection of late charges during the period for which the reduced interest rate remains in effect. Also, see D2-3, Fannie Mae’s Home Retention and Liquidation Workout Options for requirements related to waiving late charges for specific workout options.

For an escrowed first lien mortgage loan with an instrument dated March 1999 or later, if the borrower’s payment is deficient by $50 or less, the servicer is authorized to:

  • apply the payment by reducing the amount credited to the escrow account,

  • apply the partial payment as “unapplied funds” in a T&I custodial account, or

  • return the partial payment to the borrower.

    Note:The servicer must only accept a partial payment that is deficient by $50 or less for up to three monthly mortgage loan payments during a 12-month period.

With the exception of those partial payments applied as noted above, the servicer of a first lien mortgage loan - and second lien mortgage loan, provided the first lien mortgage loan is current - must accept a partial payment and hold it as “unapplied funds” in a T&I custodial account if all of the requirements in the following table are met. Otherwise, the servicer is authorized to return the partial payment to the borrower.

The servicer must accept a partial payment as unapplied funds if all of the following conditions are met...
 

The borrower has a commitment toward repayment of the mortgage loan obligation.

 

The borrower is not habitually delinquent.

 

The borrower does not have a history of remitting checks that are returned for insufficient funds.

 

The borrower commits to paying the balance of the payment within the next 30 days.

For more information please see: C-1.1-02: Processing Payment Shortages or Funds Received When a Mortgage Loan Modification Is Pending

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If you have additional questions, Fannie Mae customers can visit Ask Poli to get information from other Fannie Mae published sources.

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