C-1.1-02, Processing Payment Shortages or Funds Received When a Mortgage Loan Modification Is Pending (12/11/2019)

The servicer must send notification detailing the pending rate increase to the borrower 90 days prior to the payment change. As long as a mortgage loan is under an interest rate buydown plan, the servicer must treat the portion of the payment received from the borrower in accordance with the plan as a full installment.

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 IndulgenceD2-3.4-01, 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.

During any Trial Period Plan, and if permitted by the applicable loan documents, the servicer must accept and hold (as unapplied funds in a custodial account) trial period payments received which do not constitute a full monthly contractual payment. When the total of the reduced payments held as unapplied funds is equal to a full PITI payment, the servicer must apply all full payments to the mortgage loan.

Any unapplied funds remaining at the end of the Trial Period Plan which do not constitute a monthly, contractual PITI payment must be applied to reduce any amounts that would otherwise be capitalized onto the principal balance.