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

What are the servicer's responsibilities related to non-routine litigation?

The following table describes the servicer’s responsibilities related to non-routine litigation. 

The servicer must...
 

Appropriately handle legal matters affecting Fannie Mae mortgage loans.

 

Notify Fannie Mae’s Legal department of any non-routine litigation by submitting a Non-Routine Litigation Form (Form 20).

Note: Fannie Mae reserves the right to direct and control all litigation involving a Fannie Mae mortgage loan, and the servicer and any law firm handling the litigation must cooperate fully with Fannie Mae in the prosecution, defense, or handling of the matter.

 

Obtain Fannie Mae’s prior written approval before either

  • removing a case to federal court based on Fannie Mae’s Charter, or

  • appealing or otherwise challenging judgment in any foreclosure or bankruptcy proceeding.

Note: The servicer must also notify Fannie Mae’s Legal department by submitting Form 20 if a borrower files an appeal or seeks other post-judgment relief in a foreclosure or bankruptcy proceeding.

 

Periodically update Fannie Mae on the progress of non-routine litigation as necessary and appropriate.

 

Provide Fannie Mae with sufficient opportunity in advance of any deadline or due date to review and comment upon proposed substantive pleadings, including:

  • motions,

  • responses,

  • replies, and

  • briefs.

  Notify retained counsel of its proposal to offer any payment deferral or mortgage loan modification and provide counsel with sufficient opportunity in advance of the solicitation to review and provide comments in connection with any solicitation materials. See also Determining Eligibility for a Disaster Payment Deferral in D2-3.2-06, Disaster Payment Deferral and Determining Eligibility for a Fannie Mae Flex Modification in D2-3.2-07, Fannie Mae Flex Modification, for eligibility requirements.

For more information please see: E-1.3-01: General Servicer Responsibilities for Non-Routine Matters 

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.