E-4.1-01: Notifying Fannie Mae of an Acquired Property (02/14/2018)

© Fannie Mae Single Family Servicing Guide

Once the foreclosure sale is held and the property acquired, or a Mortgage Release has been executed, the servicer must notify Fannie Mae about the property acquisition.

Two different notifications are required:

an early warning notice (REOGram) that Fannie Mae has an acquired property to dispose of, and
the notice of the removal status code that is part of the regular monthly reporting process.

See Reporting a Mortgage Release to Fannie Mae in F-1-25, Reporting a Workout Option via Fannie Mae’s Servicing Solutions System, as well as Reporting a Mortgage Loan Liquidation to Fannie Mae in Fannie Mae’s Investor Reporting Manual for additional information.

Unless otherwise directed by Fannie Mae, a special servicing option MBS mortgage loan that has been foreclosed must be removed from the MBS pool no later than the remittance date following the date on which the liquidation action code was reported to Fannie Mae.

If Fannie Mae advises the servicer that the acquired property related to a foreclosed special servicing option MBS mortgage loan remains in the MBS trust after foreclosure, it must be removed from the trust no later than the close of the third calendar year following the calendar year in which the MBS trust acquired the property. See E-3.5-01, Reclassifying or Removing MBS Mortgage Loans Post-Foreclosure for additional information on this topic.

This topic contains the following:

Timing of the REOgram
Contents of the REOgram
Monitoring the Status of Acquired Properties

Timing of the REOgram

Within 24 hours after the date of a foreclosure sale or the servicer accepts the executed Mortgage Release, the servicer must send an REOgram to Fannie Mae for the following mortgage loans:

all conventional mortgage loans; and
any special servicing option RD mortgage loans, even though Fannie Mae may not gain clear title to the property until after expiration of any redemption period.

There is one exception to the time frame to submit the REOgram:

If the security property is located in Connecticut and the court orders a Foreclosure by Sale, the foreclosure sale may not be approved and the conveyance deed issued until 60 or more days after the actual foreclosure sale date. Fannie Mae cannot dispose of the property until after the sale is approved, so the servicer should wait until the court approves the sale and issues the deed to Fannie Mae, and then submit the REOgram to notify Fannie Mae about the property acquisition. The REOgram must then be sent within 24 hours after the servicer learns the foreclosure sale has been approved.

Fannie Mae may charge the servicer a compensatory fee for each day it is late in submitting the REOgram unless it determines there is a reasonable explanation for the delay as described in A1-4.2-02, Compensatory Fees for Delays in the Liquidation Process (03/09/2016). Fannie Mae also may exercise any other available and appropriate remedies for late submissions.

Contents of the REOgram

The REOgram must include the items listed in the following table.

✓	Required elements of the REOgram	✓	Required elements of the REOgram
	The servicer's name and address, its nine-digit Fannie Mae servicer number, and the name and telephone number of its contact person.		Evidence the subordinate lienholder has recorded the release of the subordinate lien in connection with an REOgram related to a Mortgage Release by providing all of the following: the county and date of recordation, book, page, and document number, if applicable, in the comments field of the REOgram.
	Fannie Mae's loan number.		The servicer's mortgage identification number.
	Lien type (first or second).		Loan type (conventional or RD).
	Loan origination date.		An indication of whether a property insurance claim is pending.
	Type of property (single-family, two- to four-unit, or unit in a condo, PUD, or co-op project).		The property address including: house or unit number; street name, city, county, state, and ZIP code; and the property’s legal description (including the tax parcel identification).
	LPI date and the UPB.		The manufactured housing identification.
	Occupancy status—vacant, owner- occupied, or tenant-occupied. If the mortgage loan is secured by an investment property, it is very important to provide all available information, including number of units, occupancy status, names of any tenants, rental income, lease amounts, etc.		Date of the foreclosure sale or the Fannie Mae’s servicing solutions system closing date for an REOgram related to a Mortgage Release.
	The expiration date of any applicable redemption period.		The name of the original appraiser, the date of the appraisal, and the appraised value.
	The name and contact information of the law firm that handled the foreclosure.		Date of last property inspection.
	MI information including: insurer's name, Fannie Mae's two-digit identification code for the mortgage insurer, name and telephone number of the mortgage insurer's contact person, certificate number, type of coverage, coverage percentage, and the claim status and amount.		If Fannie Mae's mortgage loan is in a second lien position, appropriate information about the first lien mortgage loan, including: name of the first lien mortgage loan servicer, an indication of whether Fannie Mae has an ownership interest in the first lien mortgage loan, the mortgage insurer's name and the percent of coverage it provides, the UPB, the LPI date, and the amount of the advances the second lien mortgage loan servicer has made against the first lien mortgage loan.

If a property subject to resale restrictions is acquired by Fannie Mae through foreclosure or the acceptance of a Mortgage Release, and the resale restrictions survive foreclosure, in the section of the REOgram titled "Comments about the Property,” the servicer must indicate that the property is subject to resale restrictions that survive foreclosure. The servicer must also provide contact information for the governmental housing agency or other applicable organization. With respect to all resale restrictions, the servicer represents and warrants that upon transfer of the property to Fannie Mae, all required notices have been given in an appropriate manner, and that the foreclosure or Mortgage Release complies with the requirements of the applicable resale restrictions. With respect to resale restrictions that do not survive foreclosure or acceptance of a Mortgage Release, or the expiration of any applicable redemption period, the servicer represents and warrants that all actions necessary to terminate the resale restrictions have been taken.

Monitoring the Status of Acquired Properties

After the servicer submits an REOgram to Fannie Mae, it must monitor the property's status and ensure that it files its request for expense reimbursement in a timely manner, in accordance with the requirements and timeframes set forth in E-5-01, Requesting Reimbursement for Expenses (11/09/2016).