The servicer is authorized to continue proactive solicitation for a Fannie Mae Flex Modification at its discretion, but must not solicit a borrower if the property has a scheduled foreclosure sale date within
60 days of the evaluation date if the property is in a judicial state, or
30 days of the evaluation date if the property is in a non-judicial state.
See below for related Q&A:
For more information please see: D2-3.2-07: Fannie Mae Flex Modification.