Servicing Guide

Published September 9, 2020

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What attorney fees and out-of-pocket expenses that relates to foreclosure or bankruptcy proceedings are reimbursable?

In accordance with the provisions of this chapter and the procedures in F-1-05, Expense Reimbursement, Fannie Mae will reimburse the servicer for Fannie Mae’s share of any attorney fees and actual, reasonable, and necessary out-of-pocket expenses it incurs for foreclosure or bankruptcy proceedings (including the cost of any required appraisal and any advances it has to make to cover escrow deficits) for a whole mortgage loan or a participation pool mortgage loan held in Fannie Mae's portfolio, or for a special servicing option MBS mortgage loan. The servicer must not deduct its expenses from any payments received from the bankruptcy trustee.

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

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