9102.5: Borrower solicitation and communication (01/01/19)

Owned by Kacey Olson (Unlicensed)
Nov 23, 2018
18 min read

© Freddie Mac Single-Family Seller Servicer Guide

This section sets forth Servicer communication, solicitation, and notification requirements during a Borrower's Delinquency or upon receipt of a Borrower's request for an alternative to foreclosure.

Servicers should be familiar with Freddie Mac's definitions for the following terms as they relate to Borrower solicitation and communication:

  • Borrower Evaluation Notice
  • Borrower Response Package
  • Borrower Solicitation Package

(a) Borrower solicitation Borrower solicitation –pre-foreclosure A Servicer may not solicit a Borrower whose Mortgage is current or less than 31 days delinquent (i.e., no more than one payment past due) for an alternative to foreclosure described in Section 9201.2.In addition to the minimum collection efforts set forth in Section 9102.4, Servicers may begin soliciting Borrowers who are 31 or more days delinquent in accordance with the processes and timelines set forth below in order to determine the reason for Delinquency and solicit them for possible alternatives to foreclosure. If a Servicer previously determined that a Borrower who was less than 60 days delinquent did not qualify for any alternative to foreclosure and the Borrower subsequently becomes 60 days delinquent, then the Servicer must continue its solicitation and collection efforts with the Borrower in accordance with the requirements of this chapter. Continued solicitation may include sending another Borrower Solicitation Package if documentation needs to be refreshed in order to perform the subsequent evaluation of the Borrower for alternatives to foreclosure.

  1. i)No later than the 45thday after the Due Date Servicers must send at least one Borrower Solicitation Package or solicitation letter to the Borrower with information, including but not limited to, the availability of alternatives to foreclosure as set forth in Section 9102.5(b) below. See Section 9102.5(c) below for specific information that must be included in the Borrower Solicitation Package. If the Servicer has not achieved quality right party contact and a resolution to the Delinquency, the Servicer is required to send at least one Borrower Solicitation Package or solicitation letter to the delinquent Borrower no later than the 45th day after the Due Date of an unpaid monthly installment. The Servicer may send either:
  • A Borrower Solicitation Package, which includes a Borrower Solicitation Letter (see Exhibit 1145), Form 710, Mortgage Assistance Application, frequently asked questions (FAQs) and foreclosure rescue scam information; OR
  • A Borrower Solicitation Letter (see Exhibit 1145) and elect to send Form 710, FAQs and foreclosure rescue scam information upon establishing quality right party contact. The Servicer may also provide the FAQs and foreclosure rescue scam information on its web site and provide a link to that information in the Borrower Solicitation Letter.

If a Servicer has achieved quality right party contact and has obtained from the Borrower a resolution to the Delinquency, the Servicer is not required to send the Borrower Solicitation Package. However, in such instance, the Servicer must comply with any early intervention notice that may be required under applicable law. If the Borrower fails to perform under the conditions of a relief or workout option, the Servicer must resume collection efforts, including sending the Borrower Solicitation Package.

  1. ii)As early as the 90thday and no later than the 105th day after the Due Date, or, for a Borrower with a Step-Rate Mortgage who becomes 60 days delinquent within 12 months following the first payment due date resulting from an interest rate adjustment, as early as the 60th day and no later than the 75th day after the Due Date When a Borrower becomes 90 days delinquent, or when a Borrower has a Step-Rate Mortgage and becomes 60 days delinquent within the 12 months following the first payment due date resulting from an interest rate adjustment, the Servicer must determine if the Borrower is eligible for a streamlined offer for a Flex Modification in accordance with Section 9206.5(c) and, if eligible, solicit the Borrower for such modification. The Servicer must send an initial Exhibit 1191, Freddie Mac Flex Modification® Solicitation Cover Letter, and a Flex Modification Trial Period Plan Solicitation Offer – Not Based on an Evaluation of a BRP, included in Exhibit 93, Evaluation Notices, on or before the 105th day of Delinquency to a Borrower who becomes 90 days delinquent and is otherwise eligible. For a Borrower with a Step-Rate Mortgage who becomes 60 days delinquent and is otherwise eligible, the Servicer must send an initial Exhibit 1191B, Freddie Mac Flex Modification® Solicitation Cover Letter for Day 60 Rate Reset, and a Flex Modification Trial Period Plan Solicitation Offer – Not Based on an Evaluation of a BRP on or before the 75th day of Delinquency. If the Borrower has been approved for a streamlined offer for a Flex Modification in accordance with the special requirements for Borrowers impacted by an Eligible Disaster described in Section 9206.5(e), the Servicer must send Exhibit 1191A, Freddie Mac Flex Modification® Post-Disaster Forbearance Solicitation Cover Letter, in place of Exhibit 1191. The Servicer must amend the applicable letter template as necessary to conform to the Flex Modification terms and requirements. The Flex Modification Solicitation Cover Letter and the Flex Modification Trial Period Plan Solicitation Offer – Not Based on an Evaluation of a BRP may be altered at the Servicer's discretion as it deems necessary to meet the requirements of this section and Chapter 9206, and to comply with disclosure and other requirements under applicable law. If the Servicer fails to send the streamlined offer for a Flex Modification by the 105th day of Delinquency to a Borrower who becomes 90 days delinquent and is otherwise eligible, or by the 75th day of Delinquency to a Borrower with a Step-Rate Mortgage who becomes 60 days delinquent and is otherwise eligible, the Servicer must solicit eligible Borrowers as soon as possible to minimize the impacts of the delay. If the Borrower does not respond to the initial Flex Modification solicitation and otherwise remains eligible, then the Servicer may continue to solicit the Borrower for a Flex Modification at its discretion, in accordance with the "continuation of solicitation efforts" requirements in this section.

Continuation of solicitation efforts

The Servicer must continue to try to contact and solicit the Borrower for alternatives to foreclosure throughout the foreclosure process. After the 210th day after the Due Date of an unpaid monthly installment, the Servicer has discretion to continue contact attempts and must discontinue all contact attempts 60 days prior to a foreclosure sale date for a judicial foreclosure or 30 days prior to a foreclosure sale date for a non-judicial foreclosure, unless the Servicer is required to continue contact attempts by applicable law.

Attempts to solicit for alternatives to foreclosure while the Mortgage is in foreclosure must be communicated to and coordinated with the foreclosure attorney, as appropriate. A Servicer must keep the attorney informed of the status of relevant alternative to foreclosure negotiations and must notify the attorney within two Business Days after arrangements for an alternative to foreclosure have been agreed to or within two Business Days after the Mortgage is fully reinstated.

Borrower solicitation during bankruptcy

A Servicer is not required to solicit a Borrower in an active Chapter 7 or Chapter 13 bankruptcy. However, a Borrower in an active Chapter 7 or Chapter 13 bankruptcy case must be considered for an alternative to foreclosure if the Borrower, the Borrower's counsel or bankruptcy trustee (with the Borrower's written consent) submits a request to the Servicer.

(b) Documents and forms The following documents and forms have been developed to fulfill the solicitation requirements of this section.

  1. Solicitation documents In accordance with Section 9102.5(a) above, the Servicer must send, via regular or electronic mail, at least one Borrower Solicitation Package no later than the 45thday after the Due Date of an unpaid monthly installment. The Borrower Solicitation Package consists of the following documents:
  • Exhibit 1145, Borrower Solicitation Letter (sent to Borrowers by the 45thafter the Due Date of an unpaid monthly installment)

And (the Servicer may elect to send the following upon establishing quality right party contact):

  • Mortgage Assistance Application (Form 710); and
  • Frequently asked questions and foreclosure rescue scam notice

Exhibit 1145 is the solicitation template that reflects content a Servicer must include in its Borrower Solicitation Package. In addition, Servicers must amend Exhibit 1145 as necessary to comply with applicable law. The content of Exhibit 1145 includes:

  • A cover letter that includes a statement encouraging the Borrower to contact the Servicer, the Servicer's contact information, a description of loss mitigation options that are available, and contact information for homeownership counseling
  • Information on available alternatives to foreclosure to help Borrowers understand the options they may have to stay in their home or leave their home, and avoid foreclosure
  • Frequently asked questions (FAQs) to help answer Borrowers' questions regarding the Borrower Response Package and evaluation process. This information may also be provided on the Servicer's web site.
  • Important notices, such as tips for avoiding foreclosure scams. This information may also be provided on the Servicer's web site.

In accordance with Section 9102.5(a) above, the Servicer must send via regular or electronic mail, the applicable Flex Modification solicitation cover letter and include the Flex Modification Trial Period Plan Solicitation Offer – Not Based on an Evaluation of a BRP to a Borrower in accordance with the requirements in Section 9206.3. Solicitation for the Flex Modification is in addition to, and not in place of, all other solicitation requirements described in this section.

The solicitation template included in Exhibits 1145, 1191, 1191A and 1191B may be altered in the Servicer's or attorney's discretion as it deems necessary to meet the requirements of this section and to comply with disclosure and other requirements under applicable law.

  1. Use of the Mortgage Assistance Application Form 710 is a required document that a Servicer must use to obtain Borrower and co-Borrower financial information, including the cause/reasons for the Borrower or co-Borrower's financial hardship. The financial information and hardship sections of Form 710 must be completed and the form must be executed by all Borrowers on the Mortgage. The Servicer must require the submission of Form 710 by all Borrowers requesting consideration for an alternative to foreclosure. The Servicer may use a customized equivalent of Form 710, provided that it requests the same financial information, hardship affidavit and attestations from the Borrower. However, if the Servicer receives Form 710 rather than its customized equivalent, the Servicer must accept Form 710. References of Form 710 in the Guide include any customized equivalent to Form 710.Note: When sending the Borrower Solicitation Package, Servicers are authorized to edit Form 710, if permitted by applicable law, to exclude references to IRS Form 4506-T and IRS Form 4560T-EZ; or, to the extent required by applicable law, to indicate that such forms may be required to complete the application and the circumstances when such forms must be obtained or processed in accordance with Section 9102.5(b)(2).
  2. Model letters The Servicer must send the Borrower the appropriate Borrower Evaluation Notice communicating the evaluation decision with one of the following outcomes:
  • Reinstatement Notice*
  • Repayment Plan Offer*
  • Forbearance Plan Offer – Reduced Payment
  • Forbearance Plan Offer – Suspended Payment
  • Forbearance Plan Offer – Suspended Payment
  • Flex Modification Trial Period Plan Notice – Based on an Evaluation of a Complete BRP
  • Flex Modification Trial Period Plan Solicitation Offer – Not Based on an Evaluation of a BRP
  • Capitalization and Extension Modification for Disaster Relief Trial Period Plan Notice
  • Standard Short Sale
  • Standard Deed-in-Lieu
  • Non-Approval, Ineligible for Mortgage Assistance – Mortgage is Current
  • Non-Approval, Ineligible for Mortgage Assistance – Mortgage is Delinquent

Model letters describing each of these responses are included in Exhibit 93. Use of the model letters provided in Exhibit 93 is optional; however, each model letter illustrates the level of specificity that is deemed to be in compliance with the requirements of Section 9102.5(c)(5) and the reinstatement, relief and workout requirements prescribed in the Guide. The model letters must be altered by the Servicer as necessary to comply with applicable federal, State or local law.

Servicers must ensure the model letters are revised as necessary to include Trial Period Plan ineligibility reasons and information about the Borrower's right to appeal the Servicer's decision when the Borrower is denied a Trial Period Plan based on an evaluation of the First Complete Borrower Response Package. Exhibit 93 includes a list of ineligibility reasons for use with the model letters. As a reminder, impermissible denial reasons include, but are not limited to, the following:

  • Full lender recourse or indemnification – In situations where the Servicer chose not to repurchase the Mortgage from Freddie Mac or in the case of indemnification, chose not to modify the Mortgage, the Servicer must disclose the reason it will not modify the Mortgage, which must be based on its own requirements. Servicers are reminded that they may repurchase any Mortgage subject to full lender recourse or indemnification in accordance with the requirements set forth in Bulletin 2012-10, and may choose to modify a Mortgage subject to indemnification in accordance with the requirements in Bulletins 2016-5 and 2017-1.
  • FHA, RHS or VA Mortgage – The Servicer must determine eligibility for a loan modification under applicable agency requirements

* Note: A Servicer may combine the relevant contents of the Borrower Evaluation Notice for a reinstatement offer with the contents of the notice for a repayment plan offer when offering the Borrower a partial reinstatement of the Mortgage coupled with a repayment plan in accordance with the requirements of Chapter 9203. Further, if the offer for a foreclosure alternative is made 37 days or less prior to a scheduled foreclosure sale as set forth in Section 9301.28, a Borrower's intent to accept the offer may not be communicated verbally, but must be in writing, at this late stage in the foreclosure process. Therefore, the Servicer must delete the reference "at [SERVICER PHONE NUMBER] or" and otherwise amend the Evaluation Model Clause as appropriate.

(c) Communications with the Borrower

  1. Borrower Solicitation Package The Servicer must provide in the cover letter included in the Borrower Solicitation Package a specific date by which the package must be returned, which must be 30 days from the date of the communication. In the event the 30thday falls on a non-Business Day, the Servicer must specify the following Business Day as the date by which the Borrower Response Package must be returned. Refer to Section 9102.5(b) for the documentation and content that must be included in a Borrower Solicitation Package.
  2. Borrower Response Package A complete Borrower Response Package must include the following:
  • Completed and signed Form 710
  • Income Documentation in accordance with Section 9202.3
  • Hardship Documentation in accordance with Section 9202.2
  • Completed and signed IRS Form 4506T-EZ, Short Form Request for Individual Tax Return Transcript, or IRS Form 4506-T, Request for Transcript of Tax Return, if any of the following circumstances apply:
    • The Servicer must submit IRS Form 4506T-EZ or IRS Form 4506-T, as applicable, to the IRS to obtain a copy of the Borrower's tax transcript. This is required:
      • To reconcile inconsistencies between other information the Borrower provided (e.g., information the Borrower provided in Form 710, Mortgage Assistance Application) and the income documentation; or
      • When the Borrower is self-employed or is a fiscal year tax filer but the Borrower has not provided any of the required documentation specified in Section 9202.3(b) to support his or her income type Note: Servicers must obtain IRS Form 4506-T in lieu of IRS Form 4506T-EZ if the Borrower (i) is self-employed, and/or (ii) files federal income tax returns based on a fiscal calendar year (i.e., a tax year beginning in one calendar year and ending in the following year).
    • As otherwise requested by Freddie Mac

A Servicer may accept and rely on any information and documentation submitted on behalf of a Borrower by the Borrower's authorized trusted advisor, such as a HUD-approved housing counselor, provided the Servicer complies with applicable privacy and other laws and, when necessary, obtains and maintains in the Mortgage file evidence of the Borrower's written consent to the Servicer's sharing of the Borrower's private financial and any other protected information with the Borrower's trusted advisor.

A Servicer must notify Freddie Mac via an EDR transmission by reporting default action code H5 within the first three Business Days of the month following the month that it received a complete Borrower Response Package.

When a Borrower is in an active Chapter 7 or Chapter 13 bankruptcy, the Servicer may accept copies of the bankruptcy schedules and tax returns (if returns are required to be filed) in lieu of Form 710, and may use this information to determine Borrower eligibility (with the income documentation). Servicers should request the schedules and tax returns from the Borrower, Borrower's counsel or bankruptcy court. If the bankruptcy schedules are greater than 90 days old as of the date the Servicer first determines the Borrower submitted a complete Borrower Response Package, the Borrower must provide updated evidence of income.

To the extent that a Servicer receives sufficient information to evaluate the Borrower for a reinstatement or relief option in accordance with Chapter 9203 without the complete Borrower Response Package, the Servicer should do so.

  1. Acknowledgement of receipt of Borrower Response Package The Servicer must acknowledge to the Borrower receipt of the Borrower Response Package within five Business Days of receipt from the Borrower, and must indicate whether the package is complete or incomplete. The acknowledgement of receipt, which must be in writing, must include the following:
  • The Servicer's evaluation process and timeline
  • An explanation of the foreclosure process, including that:
    • Referral to foreclosure will not occur if the Servicer is reviewing a complete Borrower Response Package
    • Referral to foreclosure will not occur if the Servicer extends an offer for an alternative to foreclosure and the Borrower's deadline to respond has not expired
    • Following referral to foreclosure, the foreclosure process may continue during the evaluation
  • For a Borrower who submits a complete Borrower Response Package 37 days or less prior to a scheduled foreclosure sale, an explanation of the Servicer's plans for evaluating the Borrower for an alternative to foreclosure and suspending the foreclosure, if appropriate
  • A description of those situations where a court with jurisdiction over the foreclosure proceeding (if any) or public official charged with carrying out the activity could fail or refuse to halt a scheduled foreclosure sale, if applicable
  • Any other disclosure as required under applicable law

The Servicer must maintain evidence of the date of receipt of the Borrower's Response Package in its records.

  1. Incomplete information notice Upon receipt of an incomplete Borrower Response Package, the Servicer is required to send an incomplete information notice to the Borrower at the same time as the acknowledgement of receipt of the Borrower Response Package, which is no later than five Business Days from receipt of the Borrower Response Package. The incomplete information notice must include the following:
  • A list of documents or information needed to evaluate the Borrower for an alternative to foreclosure
  • A reference to the HUD web site for HUD-approved counseling agencies as resources available to help the Borrower complete the package
  • A reminder that if the Borrower does not submit all required documentation or information, the Servicer may determine the Borrower to be ineligible for an alternative to foreclosure and foreclosure proceedings will continue, including referral to foreclosure if the Mortgage was not previously referred
  • Statement indicating that, depending on when the necessary information or documentation is received, there is no guarantee that the Servicer may be able to evaluate the Borrower for alternatives to foreclosure and halt foreclosure proceedings
  • A toll-free telephone number the Borrower may contact for questions on the necessary documentation

Within five Business Days of receiving the completed Borrower Response Package from the Borrower, the Servicer is required to acknowledge to the Borrower that the completed Borrower Response Package has been received.

A Servicer may, but is not required to, send an incomplete information notice to a Borrower who submits an incomplete Borrower Response Package 37 days or less prior to a scheduled foreclosure sale. The Servicer is strongly encouraged to work with a Borrower who submits an incomplete Borrower Response Package 37 days or less prior to a scheduled foreclosure sale to complete the Borrower Response Package and expedite a decision.

Notwithstanding receipt of an incomplete Borrower Response Package and the Servicer's transmittal of an incomplete information notice, the Servicer must still refer a Mortgage to foreclosure while attempting to obtain a complete Borrower Response Package

  1. Evaluation requirements in response to a complete Borrower Response Package Within five days of an evaluation decision but no later than 30 days following receipt of the complete Borrower Response Package, the Servicer must provide the appropriate Borrower Evaluation Notice communicating the decision to the Borrower, with one of the following possible outcomes:
  • Offer reinstatement
  • Offer a repayment plan (with or without a partial reinstatement offer)*
  • Offer a forbearance plan
  • Offer a modification as set forth in Chapter 9206 (i.e., Flex Modification or Capitalization and Extension Modification for Disaster Relief ("Disaster Relief Modification"))
  • Offer a short sale as set forth in Chapter 9208 (i.e., Standard Short Sale)
  • Offer a deed-in-lieu of foreclosure as set forth in Chapter 9209 (i.e., Standard Deed-in-Lieu of Foreclosure)
  • Non-Approval, Ineligible for Mortgage Assistance – Mortgage is Current
  • Non-Approval, Ineligibility for Mortgage Assistance – Mortgage is Delinquent

Refer to Chapter 9101 for additional requirements related to Borrower communication with respect to the receipt of the First Complete Borrower Response Package on a Mortgage secured by a Primary Residence.

In addition, refer to Section 9208.6 for specific evaluation timelines for a short sale and Section 9206.3for requirements on evaluating a complete Borrower Response Package after a streamlined offer for a Flex Modification solicitation has been sent to the Borrower.

* Note: A Servicer may combine the relevant contents of the Borrower Evaluation Notice for a reinstatement offer with the contents of the notice for a repayment plan offer when offering the Borrower a partial reinstatement of the Mortgage coupled with a repayment plan in accordance with the requirements of Chapter 9203. Further, if the offer for a foreclosure alternative is made 37 days or less prior to a scheduled foreclosure sale as set forth in Section 9301.28, a Borrower's intent to accept the offer may not be communicated verbally at this late stage in the foreclosure process. Therefore, the Servicer must delete the reference "at [SERVICER PHONE NUMBER] or" and otherwise amend the Evaluation Notice to specify that a Borrower's intent to accept the offer must be in writing.

Further, with respect to the evaluation notices that are offers for alternatives to foreclosure, Servicers must include in the evaluation notice a date by which the Borrowers must accept such offers, which must be 14 days from the date of the evaluation notice for most alternatives to foreclosure except a short sale or deed-in-lieu of foreclosure. The Servicer must suspend foreclosure referral, the foreclosure process generally, or the foreclosure sale, upon receiving a Borrower's verbal (where permitted) or written notification that he or she intends to accept an offer for an alternative to foreclosure other than a short sale or deed-in-lieu of foreclosure. Absent such written or verbal notification, the Servicer must suspend foreclosure referral, the foreclosure process, or the foreclosure sale upon receipt of a Borrower's first payment under a Trial Period Plan or other plan requiring payments (e.g., repayment or forbearance plan). However, the repayment, forbearance or Trial Period Plan will not be legally binding unless the first payment is made by no later than the last day of the month that the first payment is due under the terms of the plan. See Sections 9301.6, 9301.7 and 9301.28 for all foreclosure suspension requirements.

Model letters describing each of these responses are included in Exhibit 93. Use of the model letters is optional; however, they illustrate the level of specificity that is deemed to be in compliance with the requirements of this section. The model letters may be altered at the Servicer's discretion to meet the requirements of Chapters 9203, 9206, 9208 and 9209, and to comply with disclosure and other requirements under applicable federal, State or local law.

Servicer evaluation obligations once foreclosure has been initiated (See also Section 9301.28)

  1. Borrower Response Package received after referral to foreclosure and greater than 37 days prior to the foreclosure sale date If the Servicer receives a complete Borrower Response Package after referral to foreclosure, the Servicer is not required to suspend foreclosure proceedings to review the complete Borrower Response Package. Borrower Response Package received without a short sale purchase offer and foreclosure sale is scheduled If the foreclosure sale has been scheduled and the Servicer sends the Borrower a Borrower Evaluation Notice that is an intent to pursue a short sale based on receipt of a complete Borrower Response Package but a purchase offer was not received, then the Borrower Evaluation Notice must be amended to indicate the following:
  • Contact a real estate broker to list your property for sale if it is not currently listed. If your property is not currently listed, there may not be adequate time to market the property or to review a potential buyer's offer prior to the foreclosure sale date
  • Once you receive a potential buyer's offer, contact us immediately and we will review the offer to determine whether to accept it in full satisfaction of your obligation

The "Standard Short Sale – All Other Scenarios" Evaluation Model Clause included in Exhibit 93 is representative of this Borrower Evaluation Notice.

Short sale evaluations

Once the Mortgage has been referred to foreclosure, the Servicer must continue with foreclosure proceedings during the short sale process, except where delay for motion of judgment is provided for Mortgages subject to judicial proceedings. However, the Servicer must not complete a foreclosure sale if the short sale has been approved based on a review of a purchase offer and a complete Borrower Response Package (or other streamlined documentation permitted in Section 9208.3). The Servicer must suspend the foreclosure sale where permitted under State or local law.

Deed-in-lieu of foreclosure evaluations

Once the Mortgage has been referred to foreclosure, the Servicer must continue with foreclosure proceedings during the deed-in-lieu of foreclosure process, except where delay for motion of judgment is provided for Mortgages subject to judicial proceedings. The Servicer may only suspend foreclosure sale once the executed deed and all required deed-in-lieu of foreclosure documents have been received by the Servicer. Additionally, the Servicer must receive an executed deed from the Borrower no later than 30 days prior to the scheduled foreclosure sale date.

When considering a Borrower for a deed-in-lieu of foreclosure, the Servicer must ensure that there is sufficient time to complete processing of the deed-in-lieu of foreclosure (inclusive of sending the deed-in-lieu of foreclosure offer to the Borrower) so that the Servicer receives the executed deed no later than 30 days prior to the foreclosure sale date.

  1. Borrower Response Packages received 37-15 days prior to the scheduled foreclosure sale date If a complete Borrower Response Package is received between 37 and 15 days, inclusively, before a scheduled foreclosure sale date, the Servicer must expedite its review and make a determination regarding the Borrower's request for assistance at least seven days before the scheduled foreclosure sale date. This will ensure that the Servicer will be able to complete a foreclosure certification to the attorney seven days prior to a scheduled foreclosure sale date, if appropriate, or offer the Borrower an alternative to foreclosure.
  2. Borrower Response Packages received less than 15 days prior to the scheduled foreclosure sale date In cases where a complete Borrower Response Package is received less than 15 days prior to a scheduled foreclosure sale date, the Servicer must first determine whether it can conduct an expedited review of the Borrower Response Package and render a decision by the foreclosure certification date (i.e., seven days prior to the scheduled foreclosure sale date) and if so, complete the review.

(d) Electronic submission of documents Servicers should refer to Chapter 1401 for the definition of the following terms used in this subsection:

  • Electronic
  • Electronic Record
  • Electronic Transaction

In lieu of having the Servicer or Borrower, as applicable, prepare, sign and return paper documents, certain documents may be prepared, signed and sent electronically by a Servicer to the Borrower or by a Borrower to the Servicer, provided such Electronic Transactions comply with the requirements of Chapter 1401 and this section. With the exception of IRS Form 4506T-EZ, Short Form Request for Individual Tax Return Transcript, and IRS Form 4506-T, Request for Transcript of Tax Return, all documentation required to be prepared, signed or sent by either the Servicer or the Borrower are considered "loss mitigation documents" for purposes of Section 1401.17. (IRS Form 4506T-EZ or IRS Form 4506-T may only be a loss mitigation document for purposes of Section 1401.17 if either of those forms is received from the Borrower in a manner that permits the Servicer to submit the form to the IRS in strict compliance with the IRS instructions and any other applicable IRS requirements.)

All Electronic loss mitigation documents and any other Electronic Mortgage file documents are Electronic Records and must be capable of being retrieved and printed in a manner that accurately reflects the information originally contained in the Electronic Records. All Electronic Records must be accessible (either electronically or on paper) and promptly made available to Freddie Mac upon request.