Fannie Mae Updates Fraud Notice Requirements, Policies Regarding Significant Derogatory Credit Events, Other Selling Topics

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On July 29, Fannie Mae issued Selling Guide Announcement SEL-2014-10, which includes updates and clarifications regarding numerous selling topics. The announcement states that the long-standing requirement that a lender must notify Fannie Mae immediately if it learns of any misrepresentation, breach of selling warranty, or fraud is being updated to clarify Fannie Mae’s expectation that the lender perform due diligence to establish a reasonable belief that a misrepresentation, breach of selling warranty, or fraud may have occurred prior to making the self-report to Fannie Mae. Several other changes in the announcement relate to significant derogatory credit events, and many of them were previously announced in the Desktop Originator/Underwriter Release Notes. These changes relate to, among other things, waiting periods related to: (i) mortgage debt discharged through bankruptcy; (ii) a preforclosure sale or deed-in-lieu of a foreclosure; and (iii) charge off accounts. In addition, the announcement (i) provides a table of policy updates and clarifications regarding lender quality control processes; (ii) describes changes to the MBS buyup and buydown ratio grids; and (iii) updates property insurance requirements for condos, co-ops, and PUDs.


DISCLAIMER: Because of the generality of this update, the information provided herein may not be applicable in all situations and should not be acted upon without specific legal advice based on particular situations.

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