Hope this comes out as I am not using a full size computer at the moment!
Introduction Issues have recently arisen with respect to potential defects with affidavits submitted by servicers in support of motions for summary judgment in states with judicial foreclosure processes. The issues pertain to whether the individuals executing the affidavits on behalf of the servicer had the required personal knowledge of the information contained in the affidavits and whether the affidavits were notarized in accordance with applicable requirements. Mortgage Selling and Servicing Contract (the Contract) and Servicing Guide provisions with regard to the following:
Fannie Mae is directing all of its servicers to immediately undertake a review of their policies and procedures relating to the execution of affidavits, verifications, and other legal documents in connection with the default process. If the servicer has any concerns with its policies and procedures or their implementation, the servicer must advise its legal counsel to contact Fannie Mae in writing immediately via e-mail to nonroutine_litigation@fanniemae.com.
Fannie Mae is also taking this opportunity to emphasize the application of existing
Servicer’s basic duties and responsibilities
Compliance with applicable laws and mortgage documents
Servicer’s audit and control systems
Consequences of non-performance of servicer’s duties and responsibilities and non-compliance with applicable laws and mortgage documents
Mortgage Selling and Servicing Contract (the Contract) and Servicing Guide provisions with regard to the following:
Mortgage Selling and Servicing Contract (the Contract) and Servicing Guide provisions with regard to the following:
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