Servicing Guide

Published September 9, 2020

For best results, pose your search like a question.

Guide Resources

For a comprehensive list of resources such as forms, announcements, lender letters, notices and more.

Visit Selling and Servicing Guide Communications and Forms

Customers Recommend Ask Poli

AskPoli

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

Launch Ask Poli  

Download PDF Guide

You can also download the printable ~800 page PDF, which include links.

Download Now

How should a request to grant a burdensome easement be evaluated?

When a borrower requests a release or grant of an easement, the servicer must ensure that the borrower submits a completed Application for Release of Security (Form 236). A complete application must include all information and documentation required per the form.

The servicer must evaluate the request for the granting of a burdensome easement to determine the extent to which granting a burdensome easement adversely affects the use, value or future marketability of the property securing a mortgage loan, which depends on the following:

  • the degree and quantity of rights that are released with the easement;

  • the community’s customs, attitudes, and prevalent practices regarding such easements;

  • the value of the property without the easement in place compared with the value of the property with the easement in place; and

  • the manner and extent of the use of the easement.

The servicer is authorized to approve any request for a customary public utility easement as long as

  • A subsurface utility easement does not extend under the house or other improvements to the property.

  • An above-surface utility easement for distribution purposes that runs along any of the property lines or easements for drainage purposes that run along the rear property line if the easements do not extend more than 12 feet from the property line, do not interfere with any of the improvements or use of the property, and do not present a health or safety hazard.

The servicer must evaluate requests for other types of easements based on the specific circumstance of the request, as described in the following table.

If the servicer has determined that granting a burdensome easement... Then the servicer...

will not adversely affect the value of the property securing a mortgage loan

is authorized to approve the request to grant the easement on Fannie Mae’s behalf.

will adversely affect the value of the property securing a mortgage loan, and the LTV based on the estimated property value with the easement in place is less than 60%

is authorized to approve the request to grant the easement on Fannie Mae’s behalf.

will adversely affect the value of the property securing a mortgage loan, and the LTV based on the estimated property value without the easement in place is greater than or equal to 60% is authorized to approve the request to release the easement if the borrower agrees to reduce the mortgage loan balance by an amount sufficient to maintain the LTV ratio immediately prior to granting the easement.

has potential long-term negative implications that could affect the value of the property securing a mortgage loan or impact Fannie Mae's ability to foreclose on the mortgage loan

must decline the request to grant the easement.

Any request to grant a burdensome easement on a limited basis (e.g., granting access to specific persons as opposed to all current and future owners of the property) must be denied.

If a request to grant a burdensome easement includes subordinating the mortgage lien to the easement, the servicer is authorized to agree on Fannie Mae's behalf to subordinate the mortgage lien to the easement if

  • the easement is the type that is customary in the area and does not interfere with the property owner’s use or enjoyment of the property, and

  • any cash consideration is applied to the outstanding mortgage loan debt in accordance with the mortgage loan documents.

For more information please see: D1-1-01, Evaluating a Request for the Release, or Partial Release, of Property Securing a Mortgage Loan

Have You Tried Ask Poli?

Poli knows. Just ask.

Ask Poli features exclusive Q&As and
more—plus official Selling & Servicing
Guide
content.

Try Ask Poli

Related Articles


AskPoli

Customers Recommend Ask Poli

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

Guide Resources

For a comprehensive list of resources such as access forms, announcements, lender letters, notices and more.

Visit Selling and Servicing Guide Communications and Forms

X
Having Issues with Seeing this Page Correctly?

Use Firefox or Chrome   How to do a hard refresh in Internet Explorer
We recommend that you use the latest version of FireFox or Chrome.

Download Firefox
Download Chrome
  A hard refresh will clear the browsers cache for a specific page and force the most recent version of a page.
    Hold the Ctrl key and press the F5 key.
     

Email Us
If you still have Technical Support questions, feel free to emailAsk_Poli@fanniemae.com.