9603.14: Eviction requirements for REO (03/02/16)

© Freddie Mac Single-Family Seller Servicer Guide

Freddie Mac will conduct the eviction proceedings if the property is occupied. If Freddie Mac requests information or documentation from the Servicer pertaining to the eviction, then the Servicer must provide the information or documentation to Freddie Mac within the requested time frames.

If Freddie Mac directs the Servicer to evict the occupant(s), the Servicer must engage counsel experienced in conducting evictions in the area of the REO's location. The Servicer's actions to vacate the REO are determined by the circumstances of the case, applicable law concerning evictions and instructions from Freddie Mac. The Servicer must comply with all applicable laws when evicting an occupant from the REO. The Servicer must monitor the attorney's progress to ensure he or she completes the eviction within Freddie Mac's required time frames. Refer to Section 9501.3 for Freddie Mac's eligibility requirements for eviction attorneys.

If the occupied property is located in a state subject to a redemption period, the Servicer must continue to conduct monthly inspections of the property until the occupants have been evicted. The Servicer must maintain copies of the inspection reports in the Mortgage file and provide them to Freddie Mac upon request. Refer to Chapter 9201 for specific requirements relating to property inspections.

Unless required by applicable law, Freddie Mac will not authorize hiring a moving company to store an occupant's personal belongings. If the Servicer believes it is in Freddie Mac's best interest to move and store an occupant's personal belongings, the Servicer must submit a detailed explanation of the situation to Freddie Mac (see Directory 6) to obtain Freddie Mac's written approval. Any personal belongings left at the property after the eviction must remain there. The Servicer must give the occupants 30 days' written notice to remove their belongings, unless required otherwise by law.