Servicing Guide

Published September 9, 2020

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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 reported to Fannie Mae:

  • a contested foreclosure action in which the borrower alleges a case-specific procedural or technical defect in the foreclosure, or
  • a contested foreclosure action in which the borrower alleges a case specific payment application claim.

In contrast, a contested foreclosure or bankruptcy action in which a borrower challenges the servicer’s ability to conduct a foreclosure or seek relief from stay based on a legal argument that, if upheld, could have broader application to other Fannie Mae mortgage loans is non- routine litigation because of the potential for negative legal precedent to extend beyond the immediate case.

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

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

Guide Resources

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Visit Selling and Servicing Guide Communications and Forms

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