Freddie Mac Standard Deed-in-Lieu Announced in Guide Bulletin

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Freddie Mac Standard Deed-in-Lieu Announced in Guide Bulletin

Freddie Mac Standard Deed-in-Lieu Announced in Guide Bulletin

SUBJECTS

With this Single-Family Seller/Servicer Guide (“Guide”) Bulletin, we are making the following updates and revisions to our Servicing requirements:

  • Announcing the Freddie Mac Standard Deed-in-Lieu of Foreclosure (“Standard Deed-in-Lieu of Foreclosure”)
  • Increasing the Servicer incentive for completing a deed-in-lieu of foreclosure
  • Revising our requirements for foreclosure sale postponement

[…]

Deed-in-Lieu additions and refinements include:

  • An increased incentive: Your incentive for completing a Deed-in-Lieu in accordance with the Guide will increase from $275 to $1,500 for a Deed-in-Lieu resulting from evaluations conducted on or after March 1, 2013.
  • Servicer approval authority: You will have delegated authority to approve a Deed-in-Lieu that meets all Guide requirements for eligible borrowers who: Required documentation and Servicer evaluation: As a reminder, you are no longer required to obtain a Borrower Response Package, verify an eligible hardship, or request a contribution if a borrower is 90+ days delinquent and has a credit score less than 620. As part of your evaluation, you are required to examine occupancy, any new mortgages, debt-to-income ratio, and cash reserves in accordance with requirements in the Guide.Property inspection and Servicer responsibility: You must conduct an interior inspection no more than 48 hours prior to the execution of the Deed-in-Lieu. Additionally, you must take all necessary actions to protect the property from waste, damage and vandalism, and you are responsible for the condition of the property at the time of conveyance to Freddie Mac.
    • Are 90 or more days delinquent.
    • Are current or less than 90 days delinquent if the borrower’s eligible hardship is death of a borrower or primary or secondary wage earner in the household; or long-term or permanent disability or serious illness of a borrower/co-borrower or dependent family member.
    • Do not have an eligible hardship but were previously discharged from the debt obligations in a Chapter 7 bankruptcy.
  • Borrower contributions and relocation assistance: As with the Standard Short Sale, borrowers who are not required to make a financial contribution toward the deficiency may be eligible to receive up to $3,000 relocation assistance provided that the borrower occupies the mortgaged premises as his or her primary residence.
  • Servicer Performance: In the event of a foreclosure, your performance will be measured against Freddie Mac’s State foreclosure time lines without consideration given to your postponement of a foreclosure sale with a Deed-in-Lieu or other loss mitigation method. Requirements state that Servicers must ensure there is sufficient time allowed for the Deed-in-Lieu process – at least 30 days – prior to the foreclosure date.
  • Unified Program: With the expiration of Home Affordable Foreclosure Alternatives (HAFA) evaluations as of December 31, 2012, the Deed-in-Lieu will provide Servicers a unified deed-in-lieu foreclosure alternative for both GSEs.

[ipaper docId=113736637 access_key=key-29y7xnwwy95qnrj44iw7 height=600 width=600 /]

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One Response to “Freddie Mac Standard Deed-in-Lieu Announced in Guide Bulletin”

  1. Joe Testa says:

    I am attempting to vacate the foreclosure sale of my home. I am basing my motion, inter alia, first on the premise that it was legally impermissible for the Servicer Bank to use a credit bid to purchase the subject property due to the fact that the Servicer Bank is neither the creditor, nor an agent of the creditor authorized to credit bid on the creditor’s behalf. And secondly, that since the Servicer Bank is not the creditor it has no right to take title to the Property in its own name. Based on this, I am contending that an error was made at the Sale when the Clerk of Court allowed the Servicer Bank to credit bid on the Property. An error sufficient to rescind the Sale. An error that is to be construed as an outcome deficiency error that harmed Homeowners.

    How can a loan servicer take title to a property that it has no security interest in?

    Has anyone tried this particular strategy?

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