Servicing Guide

Published September 9, 2020

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What information must be sent to a law firm when a mortgage loan is referred for either bankruptcy or foreclosure proceedings?

The following table lists the information that must be sent to a law firm when a mortgage loan is referred for either bankruptcy or foreclosure proceedings.

The referral must include…
 

The following servicer information:

  • the servicer’s name, address, and Fannie Mae Identification Number; and

  • the servicer’s contact person’s name, telephone number, email address, and fax number.

 

The following property information:

  • the property address, and Tax Identification Number or assessor’s parcel number (if available);

  • the property type (single-family, condo, co-op, etc.);

  • the number of dwelling units;

  • occupancy status;

  • whether the property is owner-occupied or an investment property (if an investment property, provide all known information, including number of units, occupancy status, names of any tenants, rental income, lease amounts, etc.);

  • whether the property is Native American land (tribal trust, allotted, restricted fee, as applicable);

  • the name and telephone number of the management agent for a co-op project (if applicable); and

  • the name and telephone number of the HOA or condominium association (if applicable).

 

The following borrower information:

  • the borrower’s name and, if available, phone number(s) and email address;

  • the borrower’s mailing address (if different from property address);

  • the borrower’s Social Security number or Tax Identification Number; and

  • the borrower’s current military status (if any).

 

The following mortgage loan information:

  • the servicer’s Loan Identification and Fannie Mae Loan Number;

  • MERS MIN, if applicable;

  • lien priority (first or subordinate);

  • original mortgage loan amount;

  • current UPB and LPI date;

  • the total amount past due (reinstatement);

  • the total amount due (payoff);

  • itemization of fees, costs, and other charges;

  • brief servicing history for the last 12 months (including previous foreclosure referrals, workout attempts, and bankruptcies);

  • the name of the mortgage insurer (if applicable); and

  • any other important mortgage loan characteristics (such as HECM status, Texas Section 50(a)(6) loan, etc.).

In addition to all of the data elements previously mentioned in this topic, a referral to a law firm for bankruptcy proceedings will also require the following information:

  • bankruptcy case number;

  • bankruptcy jurisdiction;

  • date of the bankruptcy filing;

  • chapter under which the bankruptcy was filed;

  • any property valuation information;

  • breakdown of the monthly payment (principal, interest, and escrow deposits);

  • mortgage escrow analysis (showing any shortage or surplus); and

  • foreclosure case number, jurisdiction, and date the proceedings initiated.

For more information please see: E-1.1-03: Required Referral Data.

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