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 responsibilities prior to requesting reimbursement for attorney fees and costs from Fannie Mae?

The servicer must instruct the law firm to submit all statements for fees and expenses for default-related legal services directly to the servicer. The following table outlines the responsibilities of the servicer prior to requesting reimbursement from Fannie Mae. 

The servicer must...
 

Review and approve the attorney fees and costs to ensure they comply with Fannie Mae guidelines, including the requirement that all costs be actual, reasonable, and necessary.

 

Ensure the legal services were performed in accordance with applicable law and professional standards of conduct.

 

Ensure fees and costs charged to borrowers are permitted under the terms of the note, security instrument, and applicable laws.

 

Ensure invoices submitted by the law firm describe each expense item in sufficient detail to clearly identify it as being an allowable fee or cost.

Examples of sufficient supporting details include:

  • a servicer’s explanation on a Florida mortgage loan that judgment for foreclosure was obtained as a result of an uncontested trial, or

  • an attorney invoice describing an expense as an attorney fee for a Chapter 13 bankruptcy court notification of default and stay termination.

 

Ensure allowable foreclosure attorney fees are invoiced according to the last milestone completed (see Foreclosure Milestone Invoicing Schedules in E-5-05, Reimbursing Law Firms/Reimbursement of Uncollected Fees, Costs or Advances).

 

Pay the fees and costs and retain paid invoices to substantiate all reimbursement requests.

 

Have appropriate policies, procedures, and controls to ensure compliance with Fannie Mae’s requirements.

For more information please see: E-5-02, Servicer Responsibilities Prior to Requesting Reimbursement of Attorney Fees and Costs

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