4101.1: The Mortgage application (05/17/17)

© Freddie Mac Single-Family Seller Servicer Guide


(a) Required use of Form 65, Uniform Residential Loan Application
Form 65, Uniform Residential Loan Application, must be used for all Mortgage applications. Form 65A, Statement of Assets and Liabilities, may be used to supplement Form 65, if needed.The Seller must use the version of Form 65 and Form 65A that is current as of the date of the loan application. See Exhibit 4, Single-Family Uniform Instruments, for the date of the current version of Form 65 and Form 65A.The Seller must not make any changes or additions to Form 65 or Form 65A, except for changes and modifications that are required or permitted by the provisions in Exhibit 5, Authorized Changes to Notes, Riders, Security Instruments and the Uniform Residential Loan Application. The Seller may adjust format (font, type size, page size, number of pages and margins) of Form 65 and Form 65A as necessary, to make the document easier to read and complete or to reduce the number of pages. In doing so, the Seller may add blocks, lines or spaces to allow all relevant information to be included but may not remove sections, blocks or lines. The Freddie Mac and Fannie Mae taglines must remain intact. Any adjustments made to the format of these forms must be made pursuant to all applicable law.As an option, the Seller may use the Spanish/English version of the Uniform Residential Loan Application, Form 65s, and the Statement of Assets and Liabilities, Form 65As. A Seller choosing to use these forms assumes all responsibility for ensuring that use of the form is permissible under applicable law. If the Seller uses Form 65s and Form 65As, the Seller must use the version of each form that is current as of the date of the loan application. See Exhibit 4 for the date of the current version of Form 65s and Form 65As. The Seller must not make any changes or additions to Form 65s or Form 65As, except for changes and modifications that are required or permitted by the provisions of Exhibit 5. The format adjustments permitted for Form 65 and Form 65A described above are also permitted for Form 65s and Form 65As. Neither the language in the form, nor the fact that Freddie Mac permits its use on an optional basis, shall be deemed to constitute a waiver, amendment or modification by Freddie Mac of any requirements of the Purchase Documents.
(b) Completion instructions
A completed Form 65 and Form 65A, if necessary, is used to begin the process of determining the Borrower's credit reputation and capacity to repay the Mortgage. If a residential mortgage credit report (RMCR) is ordered, the information on the Form 65 must be provided to the consumer reporting agency that is to issue the RMCR. The Seller may elect to complete the liabilities portion of the application directly from the credit reports either manually or through an automated process.If the credit reports identify fewer than three open Tradelines (except for Accept Mortgages), the Seller should ask the Borrower if any additional Tradeline references exist (see Section 5202.1).The final Form 65 and Form 65A, if used, must reflect accurate and complete information as of the Note Date. All of the Borrower's debts incurred through the Note Date must be included on the final Form 65 and Form 65A, if used, and must be considered in the calculation of the Borrower's monthly debt payment-to-income ratio (see Section 5401.2). The final Form 65 and Form 65A, if used, must be complete, legible, dated and signed by the Borrowers signing the Note.Information on the initial application must be entered as originally provided by the Borrower and/or, if applicable, as listed on the credit reports, whether handwritten or typed. The information given by the Borrowers on the application must be consistent with both the identifying information in the credit reports as well as with the verifications in the Mortgage file. For any Mortgage in which there is a material discrepancy, the Seller must prepare a written statement explaining the discrepancy.The signature block for joint credit should be signed only if there are co-applicants both of whose income and assets/liabilities are being used for qualification purposes. The signature block should not be signed if there are co-applicants but one is signing because that person has community property or similar rights.
(c) Electronic and fax copies of loan applications
Freddie Mac agrees that the Seller may receive an initial Form 65 and Form 65A, if necessary, from a Borrower as an Electronic Record or fax copy. The Freddie Mac Form 65 and Form 65A contain language in the acknowledgement and agreement section that permits the Borrower to:
  • Physically sign a paper Form 65 and Form 65A, if necessary, with pen and ink and deliver a fax copy of the signed Form 65 to the Seller via facsimile transmission or
  • Electronically sign an electronic Form 65 and Form 65A, if necessary, using an Electronic Signature and deliver the electronic Form 65 to the Seller as an Electronic Record via the Internet or other form of electronic transmission

The Seller represents and warrants that any initial Form 65 and Form 65A, if necessary, received from a Borrower as an Electronic Record or fax copy has been duly signed by the Borrower and complies with the federal Electronic Signatures in Global and National Commerce Act ("E-Sign") and all other applicable State and federal laws and regulations including, without limitation, all State and federal consumer disclosure laws and regulations. The Seller agrees that the initial Form 65 and Form 65A, if necessary, received from a Borrower as an Electronic Record or fax copy are subject to the representations, warranties, covenants, agreements and requirements contained in Section 1401.11 or Section 1401.12, as applicable.

The final loan application delivered by the Borrower to the Seller at loan closing must be an original paper Form 65, and Form 65A if necessary, either physically signed by the Borrower using a pen or signed electronically by the Borrower at closing (settlement) using an Electronic Signature that meets the requirements in Chapter 1401.

The Seller may maintain copies of the original signed paper Form 65 and Form 65A in accordance with the requirements of Section 3302.2.