Servicing Guide

Published September 9, 2020

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What are the requirements for monitoring and tracking borrower payments for mortgage loans subject to bankruptcy proceedings?

The following table provides Fannie Mae’s requirements for monitoring and tracking borrower payments.

The servicer must…
 

Keep accurate records of the payments it receives from the borrower before, during, and after the bankruptcy process.

 

Ensure that both pre-petition and post-petition payments are made on time and are properly accounted for in accordance with

  • Fannie Mae’s standard servicing requirements,

  • the borrower’s contractual obligations, and

  • the rules of the bankruptcy court.

 

Keep the law firm informed about the borrower’s payment record and send a new referral if the mortgagor becomes 60 days delinquent with his or her plan payments. The referral must be sent no later than two weeks from the 60th day of delinquency.

 

Maintain a legal event record that includes dates and indicates the status of the case at various stages in the bankruptcy process.

For more information please see: E-2.1-08: Monitoring Borrower Payments and Critical Dates.

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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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