TO: Freddie Mac Sellers May 19, 2020 | 2020-17
We are reissuing Bulletin 2020-17 on May 22, 2020 to notify Sellers of a correction to the original publication.
When the Bulletin was first published on 5/19/2020 at 1pm, the language in the last column of the “is subject to a
repayment plan” row in the Eligibility Requirements table incorrectly included the language “being refinanced or
any other Mortgage” at the end of the statement. This language was removed from the table in AllRegs as of
5/19/2020 at 4:42pm and has also been removed in this reissuance. In addition, we are updating the second
column (Eligibility requirements) of that same row of the table, to add the word “consecutive” to more
specifically describe the three payment requirement. No other changes have been made to the Bulletin.
SUBJECT: SELLING GUIDANCE RELATED TO COVID-19
We continue to work closely with Fannie Mae under the guidance of the FHFA to address the ongoing economic
implications and uncertainty related to the coronavirus disease (COVID-19) pandemic and its impacts on Borrowers and
the Mortgage origination process.
This Bulletin provides:
Temporary purchase and refinance eligibility requirements for Borrowers with existing Mortgages
An update to representation and warranty framework requirements related to Mortgages subject to forbearance
agreements
An extension of temporary requirements for purchase of Mortgages in forbearance
We are also reminding Sellers of additional resources, including our Selling FAQs related to COVID-19, which we
continue to update.
Note Date references
All references to the Note Date refer to the modification date for Seller-Owned Modified Mortgages, the Conversion Date
for Seller-Owned Converted Mortgages, the Effective Date of Permanent Financing for Construction Conversion and
Renovation Mortgages, or the assumption agreement date, as applicable.
TEMPORARY PURCHASE AND REFINANCE ELIGIBILITY REQUIREMENTS FOR BORROWERS
WITH EXISTING MORTGAGES
In an effort to support responsible lending and sustainable homeownership during this unprecedented COVID-19
pandemic, we are implementing the following temporary purchase and refinance requirements for Borrowers with
existing Mortgages.
Effective date
These temporary requirements are effective for Mortgages with Application Received Dates on and after
June 2, 2020 and until further notice. Sellers are encouraged to implement these requirements to their loans in
process.
Eligibility requirements
In addition to meeting all other requirements of the Purchase Documents and regardless of the Loan Product
Advisor
®
Risk Class, as of the Note Date of the new Mortgage, each existing Mortgage on which the Borrower is
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obligated that is secured by either the subject property or any other 1- to 4-unit residential property, must meet the
requirements described in the following table:
If any existing Mortgage
Eligibility requirements
Use of proceeds if the subject
transaction is a “no cash-out” or
cash out refinance
Is current as of the Note Date (i.e., the
Borrower made all Mortgage
payments due in the month prior to
the Note Date no later than the last
Business Day of that month) and not
in a repayment plan, loan modification
Trial Period Plan, Payment Deferral or
subject to another loss mitigation
program
No additional eligibility requirements
As stated in Guide Sections
4301.4 and 4301.5
Is not current as of the Note Date (as
defined above) OR is in a repayment
plan, loan modification Trial Period
Plan or Payment Deferral
The new Mortgage is ineligible unless
the amounts outstanding on any existing
Mortgage are resolved by meeting the
applicable additional eligibility
requirements below
N/A
Was fully reinstated on or after the
Application Received Date but prior to
the Note Date
Seller must document the source of
funds used for reinstatement. The
source of funds must be an eligible
source as described in Section 5501.3.
Proceeds may not be used to
reinstate the Mortgage being
refinanced or any other Mortgage
Additional eligibility requirements
Is subject to a repayment plan
The Borrower must either:
(i) Have successfully completed the
repayment plan, OR
(ii) Be performing under the plan (i.e.,
has not missed any payments due
under the plan) and must have
made at least three consecutive
payments
In connection with the Mortgage
being refinanced, proceeds may
be used to pay off the remaining
payments under the repayment
plan
Is subject to a Payment Deferral
The Borrower must have made at least
three consecutive timely payments
following the approval of the payment
deferral agreement
In connection with the Mortgage
being refinanced, proceeds may
be used to pay off the deferred
amount under the Payment
Deferral
Is subject to a modification Trial
Period Plan
The Borrower must have successfully
completed the Trial Period Plan
In connection with the Mortgage
being refinanced, proceeds may
be used to pay off the modified
Mortgage
Is subject to a loss mitigation program
not mentioned above
The Borrower must either:
(i) Have successfully completed the
loss mitigation program, OR
In connection with the Mortgage
being refinanced, proceeds may
be used to pay off the remaining
payments under the program
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If any existing Mortgage
Eligibility requirements
Use of proceeds if the subject
transaction is a “no cash-out” or
cash out refinance
(ii) Be performing under the program
(i.e. has not missed any payments
due under the program) and must
have made at least three
consecutive full monthly payments
Documentation requirements and guidance
In addition to reviewing the Borrower’s credit report, Sellers must exercise additional due diligence to verify whether
or not each Mortgage is current (as defined above), has been reinstated after the Application Received Dates, or is in
a repayment plan, loan modification Trial Period Plan, Payment Deferral or is subject to another loss mitigation
program, as well as whether the additional requirements in the table above are met, if applicable. The Seller must
include any related documentation in the Mortgage file. Examples of ways the Seller may confirm compliance with
the above requirements include:
Reviewing the payment history provided by the servicer(s) for each existing Mortgage
Reviewing the Borrower-provided Mortgage statements or electronic Mortgage history for each existing Mortgage
Using a third-party verification service to confirm Mortgage payment history
For Mortgages being refinanced, reviewing the pay-off statement
Evaluation of Mortgage payment history for Manually Underwritten Mortgages
For Manually Underwritten Mortgages, Mortgage payments missed during COVID-19-related forbearance are not
considered significant derogatory credit information for the purpose of compliance with requirements in Section 5202.5.
Enhanced Relief Refinance
®
Mortgages
These temporary requirements do not apply to Enhanced Relief Refinance
®
Mortgages. All of the requirements in Guide
Chapter 4304, including the payment history requirements applicable to the Mortgage being refinanced and the use of
refinance proceeds, continue to apply.
Loan Product Advisor
®
and Guide updates
Loan Product Advisor
®
feedback messages and the Guide will not be updated to reflect these temporary requirements.
REPRESENTATION AND WARRANTY FRAMEWORK RELIEF FOR MORTGAGES SUBJECT TO
FORBEARANCE AGREEMENTS
Effective immediately, we are updating our requirements such that a Mortgage that was subject to a forbearance
agreement during the payment history period may be eligible for relief from enforcement of selling representations and
warranties regardless of the forbearance agreement, provided the acceptable payment history requirements in Section
1301.11 are met. These Mortgages also continue to be eligible for relief based on a satisfactory conclusion of a Freddie
Mac quality control review of the Mortgage file if the Mortgage otherwise meets the requirements in version 2 of the selling
representation and warranty framework.
Section 1301.11 will be updated with a future Bulletin to remove the requirement that in order to qualify for selling
representation and warranty relief, a Mortgage must not have been subject to a forbearance agreement during the
payment history period.
EXTENSION OF TEMPORARY REQUIREMENTS FOR PURCHASE OF MORTGAGES IN
FORBEARANCE
We are extending the temporary requirements for purchase of Mortgages in forbearance announced in Bulletin 2020-12.
These requirements are now effective for Mortgages with Note Dates on or after February 1, 2020 and on or before
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June 30, 2020, and Settlement Dates on or after May 1, 2020
and on or before August 31, 2020. The chart below has
been updated to reflect these changes.
Contract type
Guarantor and MultiLender Contracts
Cash Contracts: Mortgages that are in
forbearance, but not yet delinquent
Cash Contracts: Mortgages that are in
forbearance, that are no more than 30 days
delinquent
ADDITIONAL RESOURCES
We encourage Sellers to review the following resources:
Freddie Mac Single-Family web page on COVID-19
Freddie Mac Selling FAQs related to COVID-19
The Center for Disease Control’s web page on COVID-19
The Appraisal Foundation’s Appraiser Qualifications and Standards Q&As
The Appraisal Institute’s Coronavirus-related Direction for Appraisers
National Association of Realtors Coronavirus Guide for Realtors
CONCLUSION
We appreciate the support that Sellers continue to extend to Borrower coping with hardships attributed to COVID-19. If
you have any questions about the changes announced in this Bulletin, please contact your Freddie Mac representative or
call the Customer Support Contact Center at 800-FREDDIE.
Sincerely,
Danny Gardner
Senior Vice President, Client and Community Engagement