Servicing Guide

Published September 9, 2020

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Can we advance funds to correct a title defect on a bifurcated mortgage loan that would not be approved by Fannie Mae?

The servicer need not take actions or advance any funds that would not be approved by Fannie Mae unless the responsible party separately agrees to reimburse the servicer for such amounts in attempting to correct the title defect on the bifurcated mortgage loan in the manner suggested by the responsible party. Fannie Mae reserves the right, at its option, to pursue other remedies as set forth in the Guides.

Fannie Mae reserves the right to require the responsible party to repurchase a mortgage loan if the originating or prior servicer created a title defect that is not resolved to Fannie Mae's satisfaction within the time frame and in the manner identified by us in the demand for a servicing repurchase remedy.

For more information please see: E-3.2-14: Addressing Title Defects for Bifurcated Mortgage Loans 

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