Fannie Mae, Freddie Mac Issue Guidance Regarding CFPB Mortgage Servicing Rules

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On October 11, Fannie Mae issued Servicing Guide Announcement SVC-2013-20 and Freddie Mac issued Bulletin 2013-21 to update their delinquency management and default prevention servicing requirements in response to the CFPB’s new mortgage servicing rules. These updated servicing requirements, which are effective for servicing activities completed on or after January 10, 2014, align with the CFPB’s final rules implementing the mortgage servicing provisions of RESPA and TILA. The policy changes announced by Fannie Mae and Freddie Mac include updates specific to mortgages secured by primary residences, as well as updates that apply to all mortgages. The servicing requirements affected by these policy changes, include, but are not limited to, (i) borrower inquiries and error resolution, (ii) written acknowledgement of a Borrower Response Package, (iii) early intervention and communication with delinquent borrowers, (iv) the evaluation of mortgage loan modification plans and the appeal process for the denial of such, (v) foreclosure referral and postponement, and (vi) pre-foreclosure reviews.