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E-3.2-05, Expected Servicer/Attorney Interaction During Foreclosure Proceedings (04/10/2019)

Fannie Mae requires the servicer and the law firm to interact throughout the course of foreclosure proceedings. Some of the key instances of this interaction are listed in the following table. Please note that this list is not intended to be all-inclusive as there will be other mortgage loan and jurisdictional specific servicing obligations; therefore, the servicer must respond to any law firm requests consistent with the requirements and time frames set forth in the following table.

The law firm will… And the servicer must…

acknowledge receipt of the referral package (and indicate whether or not it is complete) within two business days

provide any required missing documents or additional information to the law firm (including verifications, certifications, documentation, and signatures) within three business days after it receives the law firm’s request for the items.

Note: To ensure that this timeline is met, a servicer should consider giving the law firm a LPOA, or other similar alternative.

notify the servicer of the scheduled foreclosure sale date, or in applicable foreclosure actions where there is no foreclosure sale and title is transferred by court order, the estimated court order docket date

provide the law firm with bidding instructions at least five business days before the scheduled sale date.

If the servicer’s failure to provide bidding instructions results in the continuance or postponement of a scheduled foreclosure sale, Fannie Mae will not reimburse the servicer for the attorneys’ fees and costs incurred as a result of the continuance or postponement.

Note: The servicer must advise the law firm if a deficiency judgment is to be pursued after the sale in Louisiana.

request an advance of funds from the servicer when it is required to make a significant advance in connection with the foreclosure proceedings.

respond to the law firm’s request for an advance of funds to defray out-of-pocket costs within ten business days in any instance in which the law firm is required to make a significant advance in connection with the foreclosure.

Recent Related Announcements

The table below provides references to recently issued Announcements that are related to this topic.

Announcements Issue Date
Announcement SVC-2019-02 April 10, 2019