D2-3.2-09: Fannie Mae Flex Modification (09/18/2018)

© Fannie Mae Single Family Servicing Guide

Introduction

This topic contains the following:

• Documentation Requirements
• Determining Eligibility for a Fannie Mae Flex Modification
• Determining Eligibility for a Fannie Mae Flex Modification for a Texas 50(a)(6) Loan
• Performing an Escrow Analysis
• Determining the Fannie Mae Flex Modification Terms
• Offering a Trial Period Plan and Completing a Fannie Mae Flex Modification
• Soliciting the Borrower for a Fannie Mae Flex Modification
• Unique Requirements for a Borrower Impacted by a Disaster Event
• Handling a Complete Borrower Response Package
• Processing a Fannie Mae Flex Modification for a Mortgage Loan with Mortgage Insurance
• Handling Fees and Late Charges in Connection with a Fannie Mae Flex Modification

Documentation Requirements

If the mortgage loan is current or less than 90 days delinquent, the borrower must submit a complete BRP except as described below.

If the borrower submitted a complete BRP prior to the 90th day of delinquency, the servicer must

• use the information from the Mortgage Assistance Application(Form 710), or equivalent, to determine the borrower's hardship, total income and assets, and
• evaluate the borrower for all workout options in accordance with D2-3.1-01, Determining the Appropriate Workout Option (11/12/2014).

A complete BRP is not required and the servicer may solicit an eligible borrower as described in Soliciting the Borrower for a Fannie Mae Flex Modification if the mortgage loan

• is 90 or more days delinquent; or
• was previously modified into a mortgage loan with a step-rate feature, an interest rate adjustment occurred within the last 12 months, and the mortgage loan became 60 days delinquent after the interest rate adjustment.

Note: For purposes of determining the submission date in connection with the borrower's submission of a complete BRP, the servicer must use the date of the postmark or other independent indicator such as date and time stamp (electronic or otherwise).

Determining Eligibility for a Fannie Mae Flex Modification

In order to be eligible for a Fannie Mae Flex Modification, all of the criteria in the following table must be met.

If the property securing the mortgage loan, or the borrower’s place of employment, is located in a FEMA Declared Disaster Area eligible for Individual Assistance, the servicer must follow the requirements described in Unique Requirements for a Borrower Impacted by a Disaster Event.

If the eligibility criteria for a Fannie Mae Flex Modification is not satisfied, but the servicer determines there are acceptable mitigating circumstances, the servicer is authorized to offer a mortgage loan modification outside of these requirements by submitting a request through Fannie Mae's servicing solutions system for review and obtaining prior approval from Fannie Mae. Generally, the servicer's determination of acceptable mitigating circumstances is based on a review of the borrower's complete BRP.

If the borrower converts from a Trial Period Plan to a forbearance plan, the borrower may subsequently be eligible for a Fannie Mae Flex Modification upon successful completion of the forbearance plan and, if eligible, must be placed in a new Fannie Mae Flex Modification Trial Period Plan based on the delinquency status at the time of the evaluation for the Fannie Mae Flex Modification.

Determining Eligibility for a Fannie Mae Flex Modification for a Texas 50(a)(6) Loan

A Texas Section 50(a)(6) loan is eligible for a Fannie Mae Flex Modification if

• the requirements described in Determining Eligibility for a Fannie Mae Flex Modificationare satisfied, and
• the mortgage loan is modified in accordance with applicable law.

If the servicer receives a notice from the borrower that a mortgage loan modification fails to comply with Texas Constitution Section 50(a)(6) requirements, the servicer must immediately, but no later than seven business days after receipt, take the actions listed in the following table.

Performing an Escrow Analysis

The servicer must perform an escrow analysis prior to offering a Trial Period Plan. See Administering an Escrow Account in Connection With a Mortgage Loan Modification in B-1-01, Administering an Escrow Account and Paying Expenses (06/13/2018) for additional information.

Any escrow account shortage that is identified at the time of the mortgage loan modification must not be capitalized and the servicer is not required to fund any existing escrow account shortage.

If applicable law prohibits the establishment of the escrow account, the servicer must ensure that the T&I premiums are paid to date.

Determining the Fannie Mae Flex Modification Terms

The servicer must follow the procedures in Obtaining a Property Valuation in F-1-30, Processing a Fannie Mae Flex Modification (09/13/2017) for determining the property value. The servicer must determine the post-modification MTMLTV ratio, which must include capitalized arrearages. The following table describes the servicer's action depending on the post-modification MTMLTV ratio and the delinquency of the mortgage loan.

The servicer must follow the procedures in Determining the New Modified Mortgage Loan Terms in F-1-30, Processing a Fannie Mae Flex Modification (09/13/2017) for determining the borrower's new modified mortgage loan terms. The servicer must request Fannie Mae's prior written approval through Fannie Mae's servicing solutions system to deviate from the prescribed steps for determining the new modified mortgage payment terms, unless a certain step is prohibited by applicable state law.

The following table lists additional Fannie Mae Flex Modification requirements.

When the servicer submits a request through Fannie Mae's servicing solutions system for Fannie Mae's approval of a Fannie Mae Flex Modification based on the borrower's submission of a BRP, in accordance with applicable law it must:

• immediately provide the borrower with notice of the right to receive a copy of all appraisals and other valuations developed in connection with the mortgage loan modification, and
• provide the borrower a copy of all appraisals and other valuations developed in connection with the mortgage loan modification.

Prior to granting a permanent mortgage loan modification, the servicer must place the borrower in a Trial Period Plan using the new modified mortgage loan terms.

Offering a Trial Period Plan and Completing a Fannie Mae Flex Modification

For an MBS mortgage loan, the servicer must also see Conditions of a First and Second Lien Mortgage Loan Modification for an MBS Mortgage Loan in D2-3.1-02, Conditions of a First and Second Lien Mortgage Loan Modification for an MBS Mortgage Loan (09/18/2018).

The servicer must communicate with the borrower that the mortgage loan modification will not be binding, enforceable, or effective unless all conditions of the mortgage loan modification have been satisfied, which is when all of the following have occurred:

• the borrower has satisfied all of the requirements of the Trial Period Plan,
• the borrower has executed and returned a copy of the Loan Modification Agreement(Form 3179), and
• the servicer or Fannie Mae (depending upon the entity that is the mortgagee of record) executes and dates (Form 3179).

The servicer must use the applicable Evaluation Notice to document the borrower's Trial Period Plan. See Sending a Notice of Decision on a Workout Option in D2-2-05, Receiving a Borrower Response Package (09/13/2017) for requirements relating to the Evaluation Notice, and the additional requirements provided in the table below.

The following table provides the requirements for the length of the Trial Period Plan, which must not change even if the borrower makes scheduled payments earlier than required.

If the borrower fails to make a Trial Period Plan payment by the last day of the month in which it is due, the borrower is considered to have failed the Trial Period Plan and the servicer must not grant the borrower a permanent Fannie Mae Flex Modification.

The servicer must see E-3.4-01, Suspending Foreclosure Proceedings for Workout Negotiations (06/21/2017) for the requirements for suspending foreclosure.

The servicer must use the Form Modification Cover Letter to communicate a borrower's eligibility for a permanent Fannie Mae Flex Modification, which must be accompanied by a completed (Form 3179).

The servicer must ensure that the modified mortgage loan retains its first lien position and is fully enforceable in accordance with its terms.

Electronic documents and signatures for Fannie Mae Flex Modifications are acceptable as long as the electronic record complies with Fannie Mae's requirements. See Selling Guide A2-5.1-03, Electronic Records, Signatures, and Transactions for Fannie Mae's requirements for electronic records.

The servicer must follow the procedures in Executing and Recording the Loan Modification Agreement and Adjusting the Mortgage Loan Account Post-Mortgage Loan Modification in F-1-30, Processing a Fannie Mae Flex Modification (09/13/2017) for preparing, executing, recording (Form 3179) and for adjusting the mortgage loan account upon completion of the mortgage loan modification. The servicer must also follow the procedures in Loan Modifications for an eMortgage in F-1-29, Servicing eMortgages (10/19/2016)for additional requirements when the modified mortgage loan is an eMortgage.

Soliciting the Borrower for a Fannie Mae Flex Modification

Except as specified in the note below, if the mortgage loan is 90 or more days delinquent and the servicer determines that the borrower is eligible for a Fannie Mae Flex Modification and at least one of the following circumstances are met, the servicer must send the borrower the applicable Flex Modification Solicitation Cover Letter with the Flex Modification Trial Period Plan Solicitation Offer - Not Based on an Evaluation of a BRP Evaluation Notice between the 90th and 105th day of delinquency:

• the borrower did not submit a complete BRP before the 90th day of delinquency;
• prior to soliciting the borrower, the servicer previously conducted an evaluation of the complete BRP and determined that the borrower was not eligible for a workout option in accordance with this Guide; or
• the borrower has rejected all other alternatives to foreclosure offered by the servicer.

Note: If the mortgage loan was previously modified into a mortgage loan with a step-rate feature, an interest rate adjustment occurred within the last 12 months and the mortgage loan became 60 days delinquent after the interest rate adjustment, and the servicer determines that the borrower is eligible for a Fannie Mae Flex Modification without having to evaluate a complete BRP, the servicer must send the solicitation to the borrower between the 60th and 75th day of delinquency.

If for any reason the servicer fails to send the solicitation within the prescribed time frame, it must send the solicitation as soon as possible thereafter.

While the borrower remains eligible for a Fannie Mae Flex Modification if a payment is received following the borrower evaluation or solicitation that results in the mortgage loan subsequently becoming less than 90 days delinquent (or less than 60 days delinquent if the mortgage loan was previously modified into a mortgage loan with a step-rate feature and an interest rate adjustment occurred within the last 12 months), the servicer must ensure that the mortgage loan is at least 30 days or more delinquent prior to the commencement of the Fannie Mae Flex Modification Trial Period Plan.

The servicer is authorized to continue proactive solicitation for a Fannie Mae Flex Modification at its discretion, but must not solicit a borrower if the property has a scheduled foreclosure sale date within

• 60 days of the evaluation date if the property is in a judicial state, or
• 30 days of the evaluation date if the property is in a non-judicial state.

Unique Requirements for a Borrower Impacted by a Disaster Event

If the property securing the mortgage loan, or the borrower’s place of employment, is located in a FEMA Declared Disaster Area eligible for Individual Assistance and a forbearance plan has been granted, a Fannie Mae Flex Modification may be offered if all of the criteria in the following table is met upon expiration of the forbearance plan. The servicer

• is not required to have previously solicited the borrower for a workout option prior to offering a Fannie Mae Flex Modification, and
• must attempt to establish QRPC with the borrower during the forbearance plan to determine the borrower's financial circumstances and the appropriate workout option.

The servicer must send the borrower the applicable Flex Modification Solicitation Cover Letter with the Flex Modification Trial Period Plan Solicitation Offer - Not Based on an Evaluation of a BRP Evaluation Notice prior to the completion of the forbearance plan if the servicer determines that the borrower is eligible for a Fannie Mae Flex Modification.

The servicer must offer the borrower the option of accepting a Fannie Mae Cap and Extend Modification for Disaster Relief (see D2-3.2-07, Fannie Mae Cap and Extend Modification for Disaster Relief (09/18/2018) for additional information) in lieu of the Fannie Mae Flex Modification when the borrower has indicated to the servicer that the borrower

• has the ability to continue to make the current contractual PITI payment on the mortgage loan, and
• does not want to modify the mortgage loan in accordance with the terms of the Fannie Mae Flex Modification.

If the borrower elects a Cap and Extend Modification for Disaster Relief in lieu of the Fannie Mae Flex Modification, the servicer must send a Flex Modification Trial Period Plan Solicitation Offer - Not Based on an Evaluation of a BRP Evaluation Notice to the borrower within five days of such communication by the borrower to the servicer, which must be revised to reflect the terms for a Cap and Extend Modification for Disaster Relief as described in D2-3.2-07, Fannie Mae Cap and Extend Modification for Disaster Relief (09/18/2018).

Handling a Complete Borrower Response Package

The servicer must acknowledge receipt of the BRP in accordance with Acknowledging Receipt of a Borrower Response Package in D2-2-05, Receiving a Borrower Response Package (09/13/2017) and provide any complete or incomplete information notice.

If the borrower submits a complete BRP when the mortgage loan is 90 or more days delinquent, the servicer must evaluate the borrower for all workout options in accordance with D2-3.1-01, Determining the Appropriate Workout Option (11/12/2014).

If the borrower does not accept the Fannie Mae Flex Modification solicitation offer as described above, the servicer must resume follow-up solicitation for an incomplete BRP in accordance with this Guide and applicable law.

The following table provides the servicer's requirements if the borrower submitted a complete BRP prior to the 90th day of delinquency but the servicer is in the process of soliciting the borrower for a Fannie Mae Flex Modification in accordance with Soliciting the Borrower for a Fannie Mae Flex Modification. See Documentation Requirements to determine the submission date of a complete BRP.

Processing a Fannie Mae Flex Modification for a Mortgage Loan with Mortgage Insurance

The servicer must see F-2-06, Mortgage Insurer Delegations for Workout Options (09/13/2017) for the list of conventional mortgage insurers from which Fannie Mae has obtained delegation of authority on behalf of all servicers, which allows the servicer to process a Fannie Mae Flex Modification without obtaining separate mortgage insurer approval at the company or loan level.

Handling Fees and Late Charges in Connection with a Fannie Mae Flex Modification

The servicer must not charge the borrower administrative fees.

The servicer is authorized to assess late charges during the Trial Period Plan. The servicer must waive all late charges, penalties, stop payment fees, or similar charges upon the borrower's conversion to a permanent mortgage loan modification.

The servicer must follow the procedures in Requesting Reimbursement for Expenses Associated with Workout Options in F-1-05, Expense Reimbursement (08/15/2018) for advancing funds and requesting reimbursement.