Servicing Guide

The Servicing Guide is organized into parts that reflect how lenders generally categorize various aspects of their business relationship with Fannie Mae. To begin browsing, select from any of the sections below. You may also download the entire Servicing Guide in PDF format.

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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 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 Fannie Mae Flex Modification in D2-3.2-06, Fannie Mae Flex Modification, and Determining Eligibility for a Fannie Mae Cap and Extend Modification for Disaster Relief in D2-3.2-05, Fannie Mae Cap and Extend Modification for Disaster Relief, for eligibility requirements.

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

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How does Fannie Mae define a "non-routine" litigation?

Non-routine” litigation generally consists of an action that, regardless of whether Fannie Mae is a party to the proceeding seeks monetary damages...

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Do all contested legal matters constitute non-routine litigation?

Not all contested matters constitute non-routine litigation. The following represent examples that are considered routine litigation and need not be...

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What does Fannie Mae consider as non-routine litigation?

In order to assist the servicer in identifying non-routine litigation, the following table lists the categories of non-routine litigation and provides...

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