Allowable Bankruptcy Attorney Fees Exhibit (09/11/2019)

Bankruptcy Legal Service

Maximum Fee Reimbursement

Covered Services

Post-Stipulation Default and Stay Termination

$100/$200

These fees cover the legal work involved when a debtor defaults after having previously stipulated that a second default would result in automatic termination of the stay. Fannie Mae will reimburse for two fees, as follows:

• The $100 fee applies in every post-stipulation default situation and covers the law firm’s services in issuing a Notice of Default to the debtor and trustee advising that the debtor defaulted on Plan payments, offering the debtor any required opportunity to cure, and conducting negotiations with debtor’s counsel.
• The $200fee applies if the debtor does not cure the default upon receipt of the Notice of Default. If the default is not cured, the servicer must file papers to notify the bankruptcy court of the default and the automatic termination of the stay. The fee covers the legal services generally required in connection with an uncured post-stipulation default, including all communications with the servicer and trustee to obtain the necessary information and backup documentation, review of the trustee’s payment ledger, review of the servicer’s payment history records, drafting and filing the notice to the bankruptcy court, and obtaining any necessary court order.

These fees cover each Notice of Default and uncured post-stipulation default, regardless of the number of debtors involved, or the number of Fannie Mae mortgage loans covered by the Notice. If separate Notices of Default are required for separate Fannie Mae mortgage loans, a full allowable fee is authorized for each Notice of Default.

Response to Final Cure Payment Notice

$100 (agreed) /

$500(objection)

These fees include all legal services provided by the law firm in compliance with Bankruptcy Rule 3002.1 concerning notices of final Plan payments. Upon receipt of a notice from the trustee that the debtor has completed his or her Plan payments and the mortgage loan is fully

current, the servicer must respond either agreeing or disagreeing that the claim is paid and the mortgage loan is current. Fannie Mae will reimburse for two fees:

• The $100 fee is applicable when the servicer agrees with the Final Cure Notice and the law firm files a concurrence. This fee includes all communication with the servicer about the Final Cure notice and preparing and filing a concurrence.
• The $500fee is applicable when the servicer objects to the Final Cure Notice and the law firm files an objection. This fee includes all communication with the servicer about the Final Cure notice, review of the debtor’s mortgage loan history, preparing a detailed response itemizing the unpaid charges, and attending up to two hearings on the objection. Fees for additional proceedings (briefing, discovery, or hearings) must be submitted as excess fee requests.

These fees are allowed for each Final Cure Payment Notice as to which a response is filed, regardless of the number of debtors involved in the case.

ALL CHAPTERS

Notice of Appearance

$0

n/a

Proof of Claim -- Form 410A Loan Payment History

$250

This fee includes all legal services necessary to prepare and/or review the Loan Payment History when it is required as part of Official Form 410A. The fee also covers the preparation and/or review of one amended Loan Payment History if amendment is necessary.

Bankruptcy Legal Service

Maximum Fee Reimbursement

Covered Services

Mediation

$700 (first session) / $375 (second session)

These fees cover the following tasks performed by law firms in connection with mediations:

• Communicating with the servicer to obtain necessary information and backup documentation regarding the servicer’s loss mitigation policies, borrower financial information, etc., before, during and after the mediation process;
• Monitoring the servicer’s negotiations with the debtor;
• Preparing any loss mitigation agreements, court motions and other papers;
• Communicating with the court and mediation personnel; and
• Attendance at two mediation sessions, including any follow-up activities after the session, such as reporting to the servicer.

These fees cover all the mediation services in each bankruptcy filing or consolidated case (for instance, when spouses file separate bankruptcy petitions, but the cases are consolidated for administrative purposes), regardless of the number of debtors or Fannie Mae mortgage loans affected. If a debtor files multiple bankruptcy petitions, a separate bankruptcy mediation fee will apply to each petition.

Servicer-Paid Expenses

$0

There are additional bankruptcy services that law firms are often required to provide, which are either a servicer function or are necessary to resolve actual or alleged errors in origination or servicing of the mortgage loan. Servicers must pay, at their own expense (not reimbursed by Fannie Mae), law firms for such additional bankruptcy services. These services include, but are not limited to:

• Monitoring Plan Payments;
• Post-MFR or Post-Stipulation monitoring;
• The third and subsequent Proofs of Claim;
• Contested proceedings (objections, final cure payment notices, adversary actions, etc.) which are a result of alleged servicer error;
• Adversary proceedings by trustees to invalidate a lien on the debtor’s property;
• Sanctions hearings; and
• Motions for extension of time or delays in proceedings due to servicer delays.

Additional Hearings, Court Appearances, or Other Services

Excess Fee

Request

Excess fee approval is required for any other fees not covered in the above schedule as specified in the Servicing Guide, and as amended by Announcements. These services include, but are not limited to, the following:

• Cramdowns;
• The third and subsequent mediation sessions;
• Responding to abusive or serial bankruptcy filers;
• Objections to plan in a Chapter 11 case;
• Objections to Chapter 13 Payment change notices;
• Review of the third and subsequent Chapter 11, 12, or 13 Plans;
• Multiple Motions for Relief in the same case involving the same mortgage loan;
• Additional hearings or court appearances not included within an allowable fee;
• Litigated or contested matters (including objections, contested final cure notices, and adversary actions) which are not the result of the lender’s breach or alleged breach of its selling warranties or representations or its origination or selling activities or the lender’s failure or alleged failure to satisfy its duties and responsibilities for mortgage loans or MBS pools it services for Fannie Mae; and
• Handling cross-border insolvency proceedings.

The servicer’s reimbursement request must contain a description or sufficient supporting documentation to allow Fannie Mae to properly evaluate the request.

Fannie Mae will not reimburse servicers for PACER charges or costs related to mortgage loan document retrieval without prior excess fee approval.