E-2.3-06, Responding to Bankruptcies Identified After Foreclosure Sale (07/14/2021)
When the servicer learns after the foreclosure sale date that a borrower has filed for bankruptcy, regardless of the date of the bankruptcy filing, the servicer must submit the Bankruptcy Notification Template to Fannie Mae’s SF CPM division (see ) within two business days.
The following table describes when the servicer is responsible for selecting and monitoring the law firm to handle a bankruptcy proceeding identified after a foreclosure sale.
If the bankruptcy is filed… |
And... |
Then the servicer… |
after the foreclosure sale date |
|
is not responsible for selecting and monitoring the law firm that will handle the post-foreclosure sale bankruptcy proceeding. |
the filing is prior to redemption expiration or confirmation/ratification completion, as applicable |
is not responsible for selecting and monitoring the law firm that will handle the post-foreclosure sale bankruptcy proceeding unless notified to do so by Fannie Mae. |
|
on or before the foreclosure sale date |
the servicer has confirmed the REOgram to Fannie Mae |
is responsible for selecting and monitoring the law firm that will handle the bankruptcy proceeding
|
the servicer has not confirmed the REOgram to Fannie Mae | is responsible for selecting and monitoring the law firm that will handle the bankruptcy proceeding. |
The table below provides references to recently issued Announcements that are related to this topic.
Announcements | Issue Date |
---|---|
Announcement SVC-2021-04 | July 14, 2021 |
Announcement SVC-2019-06 | September 11, 2019 |