Servicing Guide

Published November 10, 2020

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Will Fannie Mae reimburse out-of-pocket costs paid to a third-party vendor or the courts?

In accordance with E-5-07, Other Reimbursable Default-Related Legal Expenses, Fannie Mae will reimburse the servicer for the following out-of-pocket costs that it pays to third-party vendors or the courts, as long as the costs are actual, reasonable, and necessary (and are included in any applicable FHA, VA, RD, or MI claim that is filed): 

  • filing costs and other costs required by the courts (including fees paid to a third-party vendor when the court requires the attorney to use the vendor in order to file electronically); 
  • trustee sale guarantees or other title foreclosure litigation reports; 
  • costs for posting notices of foreclosure sales (see Defined Expense Reimbursement Limits within this topic); 
  • costs for publication of legal notices (reimbursable for California non-judicial foreclosures only if the notices are placed as specified by Fannie Mae); 
  • costs for publication placement services for allowable jurisdictions (see Defined Expense Reimbursement Limits within this topic); 
  • costs of announcing postponements of foreclosure sales; 
  • costs of servicing summonses and complaints and other legal notices for which the law requires personal service; 
  • charges for brokers’ price opinions (or for appraisals, if Fannie Mae instructed the servicer to obtain them) that are obtained in connection with relief provisions, workout options, or if legally required to determine the amount of the foreclosure bid; 
  • the cost of recording any legal documents necessary to the conduct of the foreclosure (such as notices of default, notices of sale, substitutions of trustees, assignments, satisfaction documents, deeds), including fees paid to a third-party vendor when the county recorder/ Land Evidence records requires the attorney to use the vendor in order to electronically record the documents; and 
  • other costs that Fannie Mae approves in advance, such as excess foreclosure title and publication costs, or that are specifically footnoted on the standard fee schedule that appears in Allowable Attorney Foreclosure Fees Exhibit. 

Note: Fannie Mae will not reimburse the servicer for any expense incurred in preparing or recording an assignment of the mortgage loan from MERS to either the servicer or Fannie Mae. Reassigning and re-registering the mortgage with MERS is not required by Fannie Mae and any such action will be at the discretion or and expense of the servicer. 

For more information please see Servicing Guide F-1-05, Expense Reimbursement.

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