Servicing Guide

Published September 9, 2020

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E-1.3-02: Reporting Non-Routine Litigation to Fannie Mae (11/12/2014)

Non-routine litigation must be reported to Fannie Mae’s Legal department using the Non-Routine Litigation Form (Form 20) within two business days of the servicer receiving notice of the litigation, except with respect to the following three categories of loan-level challenges:

  • a challenge to the standing of the servicer to conduct foreclosures or bankruptcies that, if successful, could create negative legal precedent with an impact beyond the immediate case;

  • a challenge to the methods by which MERS does business or its ability to act as nominee under a mortgage; or

  • any claim invoking HAMP as a basis to challenge a foreclosure.

With respect to these three categories of loan-level challenges, it is not necessary for the servicer to notify Fannie Mae until

  • the borrower seeks summary judgment on such a challenge,

  • briefing is required in response to such a challenge, or

  • the issue is expected to be raised at a scheduled trial.

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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.

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