mpf program

MPF Government MBS Servicing Guide

Updated 12/03/2025

The MPF Government MBS Servicing Guide outlines the requirements and processes that apply to all Servicers servicing Mortgage Loans sold under the MPF Government MBS Product. The MPF Government MBS Servicing Guide generally follows industry standard guidelines with some enhancements, restrictions, or overlays. All Servicers must service MPF Government MBS Mortgage Loans in compliance with these guidelines. For any topics not addressed in the Guides, including the Program Guide and the MPF Government MBS Servicing Guide, the Servicer must follow the requirements of the applicable Government Agency insurer/guarantor.

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Table of Contents

2.2 Payment Collection and Accounting

2.5 Custodial Account Reconciliation (11/12/25)

2.6 Use of Amortization Method of Accounting

2.7 Application of Mortgage Loan Payments

2.8 Partial Payments

2.14 IRS Reporting Requirements

2.15 Reporting to Credit Bureaus (7/11/25)

1Chapter 1: General Provisions

Last Updated: Apr 15, 2025

1.11.1 MPF Government MBS Overview

Under the MPF® Government MBS product, the Federal Home Loan Bank of Chicago (“MPF Provider”) purchases eligible government insured and guaranteed mortgage loans from PFIs and holds the loans on its balance sheet for a period of time before issuing securities guaranteed by Ginnie Mae (GNMA), backed by a pool of MPF Government MBS mortgages.  GNMA looks to the MPF Provider as the Issuer, to ensure all GNMA standards are met, including those pertaining to loan pooling eligibility, servicing and MBS bond administration, handling of funds, and reporting on loan performance. As a result, the MPF Provider requires PFIs and Servicers to ensure all applicable GNMA standards are met, as is more fully provided for in the applicable MPF Guides and Applicable Agreements.

1.21.2 Applicability of MPF Government MBS Guides

The MPF Government MBS Servicing Guide (“Servicing Guide”), the MPF Program Guide, the MPF Government MBS Selling Guide, product-specific manuals, forms, and exhibits, (together referred to herein as the “Guides”), and the Applicable Agreements apply to all PFIs and Servicers originating, or delivering, or servicing MPF Government MBS Mortgage Loans. This Servicing Guide outlines the requirements and/or processes Servicers must follow to service MPF Government MBS Mortgage Loans under the MPF Program.

Servicers must abide by the procedures, terms, and conditions set forth in this Servicing Guide, as it may be amended from time to time. In the event of a conflict between the Servicing Guide and applicable Government Agency requirements or Ginnie Mae MBS Guide requirements, the most restrictive requirement will apply.

For any topics not addressed in the Guides, including the MPF Program Guide, the MPF Government MBS Selling Guide, and the MPF Government MBS Servicing Guide, Servicers must follow the requirements of the applicable Government Agency Guides and the Ginnie Mae MBS Guides.

PFIs and Servicers are required to have policies and procedures that ensure they are aware of and timely implement any and all updates made by the MPF Program, applicable Government Agencies and GNMA to any applicable guides, guidance or agreements.

Failure of a Servicer to perform its obligations under either the Applicable Agreements or the Guides constitutes an Event of Default entitling the MPF Provider or MPF Bank to exercise all available remedies as provided in the Guides and Applicable Agreements, including but not limited to termination of its Servicing Rights.

1.31.3 The MPF Provider

This section addresses the role of the MPF Provider. Servicers are required to ensure they provide certain notices to MPF Provider and obtain MPF Provider’s approval, when required, by submitting requests to the MPF Provider in the manner provided for in the Guides.  When submitting requests to the MPF Provider, Servicers should assume the MPF Provider needs a minimum of 5 business days to respond unless otherwise noted in the Guides.  Servicers must ensure all required or relevant forms, information and documentation is submitted with requests to avoid delays.

1.3.11.3.1 Notifying the MPF Provider (12/20/24)

Servicers are required to maintain accurate records and provide the MPF Provider certain notices, in the manner provided for in the Guides. Some notices are required to be made immediately, including but not limited to discovering any of the following:

  • Deterioration of waste, or lack of repair to, any Mortgaged Property, including the presence of hazardous materials or conditions;
  • Sale or transfer of any Mortgaged Property that was not in compliance with the Guides;
  • Material litigation involving any Mortgaged Property;
  • Vacancy or abandonment of any Mortgaged Property;
  • Occupancy of the Mortgaged Property by a tenant, if the related Mortgage Loan documents indicate such property is to be owner-occupied;
  • A material default under the terms of any Security Instrument, Note, condominium project or PUD constituent document or similar obligations of the Borrower (except in the case of a monetary default of the Borrower already addressed under the requirements for Delinquency management set forth in the Guides); or
  • Any other situation that may materially and adversely affect any Mortgage Loan or Mortgaged Property.

Unless otherwise provided for in an MPF Guide, whenever PFIs/Servicers have any questions or concerns, or are directed in an MPF Guide to contact the MPF Provider, to notify MPF Provider, to submit something to MPF Provider, this should be done by contacting the MPF Service Center through the MPF Customer Service Portal or contacting MPF Service Center ([email protected] or 877.345.2673).  Contact information for the MPF Banks, MPF Provider, Master Servicer, MPF Program Custodian, and MPF Government MBS Custodian, can be found in the MPF Directory (Exhibit T).

1.41.4 The Master Servicer

This section addresses the role of the Master Servicer.

1.4.11.4.1 MPF Program Master Servicer (12/20/24)

The terms and conditions of this Servicing Guide will be administered by the MPF Provider, or the Master Servicer acting on behalf of the MPF Provider. The Master Servicer is authorized to require the Servicer to perform its obligations hereunder and under the Applicable Agreement. Computershare Limited will serve as the Master Servicer. The MPF Provider may, at any time, without the Servicer's consent, direct in writing that all or part of the functions of the Master Servicer be performed by another entity designated for such functions and time periods as the MPF Provider deems appropriate. The Servicer must comply with the instructions of such entity as if it were the Master Servicer.

Correspondence relating to the servicing and administration of the Mortgage Loans should be directed to the Master Servicer (See Exhibit T).

1.4.21.4.2 Master Servicer Prior Approvals

The Master Servicer may waive some requirements for prior approval in this Servicing Guide so long as the Servicer:

  • Maintains Delinquency rates for Mortgage Loans at or below industry standards for mortgages of similar types in similar locations;
  • Achieves Foreclosure time intervals at or below industry standards for the states in which the Mortgaged Properties are located; and
  • Maintains Foreclosure losses at or below industry standards for mortgages of similar types in similar locations.

This waiver must be in writing and may be withdrawn at any time at the sole discretion of the MPF Provider or the Master Servicer.

1.51.5 Servicer’s Relationship with the MPF Program

This section describes the relationship between the Servicer and the MPF Program.

1.5.11.5.1 Servicer as Independent Contractor

The Servicer is an independent contractor of the MPF Provider for the purpose of collecting Mortgage Loan payments, processing and collecting insurance claims, foreclosing, and otherwise enforcing the terms of the Mortgage Loan documents after default.

The Servicer shall act on behalf of the MPF Provider for the purpose of disposing of real estate owned (“REO”) properties.

All services, duties and responsibilities of the Servicer under the Applicable Agreement and the Guides shall be performed and carried out by the Servicer as an independent contractor, and none of the provisions in the Guides (except where expressly provided) shall be deemed to make, authorize or appoint the Servicer as agent, partner, or representative of the MPF Provider or Master Servicer or any of their affiliates. Nothing in the Guides or in the Applicable Agreements shall be deemed or construed to create a partnership or joint venture between the parties hereto.

The Servicer’s authority as an independent contractor is strictly limited to those acts necessary to carry out its Servicing Responsibilities in accordance with the Guides and the Applicable Agreements. Except where express permission was received from the Master Servicer or MPF Provider in writing, the Servicer is not authorized to waive any right or remedy of the Mortgage Loan documents.

1.5.21.5.2 Servicer Performance

Upon breach of any requirement, including, without limitation, the occurrence of any Event of Default, or of any of the Servicer's representations, warranties or covenants contained in the Guides or in the Applicable Agreements, the Servicer must:

  • Promptly notify the MPF Provider in writing of the nature of the breach, the date  on which the breach occurred or began, and the Servicer's plans, if any, for curing the breach; and
  • Effect a cure of the breach, if deemed curable by the MPF Provider, within thirty (30) days after the occurrence or onset of the breach.

If the breach is not deemed curable or if no complete cure has been effected, the MPF Provider may, in its sole discretion, require the Servicer to purchase or repurchase any Mortgage Loan which has been impaired or has suffered a material impairment of value.

1.5.31.5.3 Servicer Authority – Legal Representation

The Servicer has the full authority to do or cause to be done all things as may be necessary and appropriate to perform the Servicing responsibilities in its own name and right as if the Mortgage Loans were owned by it for its own account. In employing attorneys, filing claims in bankruptcy, probate, and other courts, or when appearance in any court is to be made, any such employment, filing, or appearance shall be done in the Servicer’s name unless the Applicable Law, the Guides, Master Servicer, MPF Bank or MPF Provider authorize or direct the Servicer to take such action in the MPF Provider’s or MPF Bank’s name.

1.61.6 Repurchases (10/18/24)

PFIs and Servicers are responsible for ensuring all loans they deliver to, or service for, the MPF Program are compliant with all MPF Guide requirements, including applicable Government Agency and Ginnie Mae MBS guide requirements, and with all Applicable Laws, which include without limitation, predatory lending laws.

When a PFI or Servicer fails to comply with the requirements of the PFI Agreement, Guides, Applicable Law or terms of Mortgage Loan documents, the PFI or Servicer may be required to repurchase Mortgage Loans which are impacted by such failure, in addition to covering any related costs or losses incurred by the MPF Provider as a result of holding the Mortgage Loans.

PFI and Servicers do not have a unilateral right to purchase or repurchase Mortgage Loans. The Guides provides specific instances where a PFI or Service may purchase or repurchase an MPF loan.

For Mortgage Loans that are being purchased or repurchased due to delinquency, Servicers should refer to Chapter 8 for additional information regarding the repurchase of delinquent loans.

Any other purchase or repurchase by a PFI or Servicer must be pre-approved by the MPF Provider, and no steps to initiate a purchase or repurchase should be taken without the written approval or consent of the MPF Provider. The PFI/Servicer must submit requests for purchase or repurchase to the MPF Provider by contacting the Service Center. The MPF Provider reserves the right to refuse purchase or repurchase requests that are not specifically permitted in the Guides or Ginnie Mae MBS Guides.

Until the Mortgage Loan is purchased or repurchased, the PFI or Servicer remains obligated to make timely full monthly payments of principal and interest to the MPF Provider.

See additional purchase and repurchase requirements in MPF Program Guide Section 3.5 Purchase or Repurchase Requirements.

1.71.7 Indemnification

The Servicer shall indemnify and hold harmless: (a) the MPF Bank; (b) the MPF Provider; (c) the Master Servicer; (d) Ginnie Mae; and (e) the officers, directors, employees, agents and affiliates of the MPF Bank, MPF Provider, Master Servicer and Ginnie Mae from and against any and all claims, losses, damages, judgments, penalties and any other costs, fees, and expenses (including reasonable attorneys' fees and court costs) arising out of, based upon, or relating to: (i) a breach by the Servicer, its officers, directors, employees or agents of any representation, warranty or covenant contained in the Applicable Agreement and the Guides, or any failure to disclose any matter that makes any representation or warranty misleading or inaccurate, or any inaccuracy in material information furnished by the Servicer; (ii) a breach of any representation, warranty or covenant, failure to disclose, or inaccuracy in information furnished by the Servicer regarding itself; or (iii) a violation of Applicable Law or MPF Program requirements.

In addition, the Servicer shall provide legal representation on behalf of the indemnified parties in connection with any legal proceeding involving a Mortgage Loan. Neither an indemnified party nor the holder of a related security shall be liable for any attorneys' fees, court costs or other expenses incurred in connection with such litigation, except to the extent that the attorneys' fees, court costs or other expenses result from the negligence or wrongful misconduct of the party entitled to indemnification. Any judgment against the MPF Bank, MPF Provider, Master Servicer, Ginnie Mae or their officers, directors, employees, agents and affiliates shall be satisfied by the Servicer, as a recoverable advance, except to the extent that the judgment results from the negligence or wrongful misconduct of the party entitled to indemnification.

1.81.8 Servicing Standards (7/17/24)

This section describes the general servicing standards the Servicer must follow when Servicing Mortgage Loans.

The Servicer is required to service Mortgage Loans in accordance with the requirements of this Guide, which includes payment of escrow items, safeguarding the Mortgaged Property, and adhering to reporting and remitting requirements through Liquidation or disposition of the Mortgaged Property. The Servicer is responsible for servicing each Mortgage Loan until it receives express notice from the MPF Provider relieving the Servicer of its responsibilities in writing.

The Servicer must provide any records, information, data, or documents as requested by the MPF Bank, MPF Provider, Master Servicer, Ginnie Mae, or a designee of one of them, in a timely manner, within the time frame provided for in the Guides or in the request itself, as applicable. Such requests include quarterly quality control servicing review requests, the Servicer is required to address and resolve any deficiencies identified through any such request within the timeframe provided for by the requestor or their designee. 

1.8.11.8.1 Applicable Standards

Notwithstanding the presence or absence of language in certain sections of the Servicing Guide or the Applicable Agreement that expressly requires compliance with Applicable Standards, the Servicer must service the Mortgage Loans and fulfill all other obligations under this Servicing Guide and the Applicable Agreement in strict conformance with the Applicable Standards, which are any requirements contained in:

  • The Guides;
  • The Applicable Agreements;
  • Any requirements of any applicable Government Agency;
  • Any applicable Ginnie Mae MBS Guide servicing obligations and requirements;
  • Any other contractual obligation of the Servicer;
  • The reasonable and customary practices of prudent mortgage lending institutions that service mortgage loans of the same type as the Mortgage Loans in the jurisdiction in which the relevant Mortgaged Properties are located;
  • The terms of the Mortgage Loan documents; and
  • All Applicable Laws (See also MPF Program Guide Chapter 7).

1.8.21.8.2 Servicing Files

The Servicer must maintain an individual Mortgage Loan File for each Mortgage Loan by either storage of:

  • the physical documents; or
  • images of the documents on:
    • optical disks;
    • microfilm;
    • micro-fiche; or
    • other electronic storage medium.

The storage medium must be marked in a way that clearly identifies the MPF loan numbers contained therein.

Any electronic storage of the documents must be in accordance with the Applicable Standards and must meet the following requirements:

  • The process must accurately reproduce originals onto a durable medium;
  • The MPF loan number and the Servicer loan number must be clearly marked;
  • The contents of the media must be easily transferable to legible hard copies;
  • The Servicer must retain the original recorded Mortgage, the original of any Assignments; the original Conventional mortgage insurance certificate, the Government Loan insurance certificate or guaranty certificate; and originals of any documents that change the mortgage terms, unless such documents are held by the MPF Government MBS Custodian; and
  • The Servicer must make backup copies of the electronic files and retain the backup copies off-site to protect against fire and other hazard losses.

If the copies, optical storage or magnetic media become damaged or lost for any reason, the Servicer must bear the entire cost of restoring each Mortgage Loan File and any other related documents.

Mortgage Loan Files must be made available for review by the MPF Bank, the MPF Provider, the Master Servicer, Ginnie Mae or Government Agency, their representatives, agents, or examiners. If the requestor requires legible hard copies, the Servicer bears the cost for reproducing and delivering the hard copies.

Each Mortgage Loan File, at a minimum, must contain the following information/documents:

  • Borrower correspondence letters and responses;
  • Loan transaction/payment histories;
  • Consolidated conversation notes and telephone contact attempts;
  • Any assumption, modification, or other documents;
  • Legal notices;
  • Documentation of any modifications to the Mortgage Loan or releases of any collateral for the Mortgage Loan;
  • A copy of the tax service contract;
  • Routine form letters, all customer service/collection/bankruptcy/foreclosure/claims information, and full loan accounting history;
  • Any documents required to be maintained in the Mortgage Loan File in accordance with the MPF Government MBS Selling Guide; including any data elements that were provided on the Supplemental Consumer Information Form (SCIF Form 1103) at origination maintained in a queryable format for each mortgage loan* ;
  • Any approval required to have been obtained from the MPF Provider or applicable Government Agency, pursuant to the Guides, as to any of the items listed above; and
  • All other documents customarily maintained in a Mortgage Loan File in accordance with Applicable Standards, including any applicable Investor or Government Agency requirements.

*Note: In the event of a future transfer of ownership or assumption of the mortgage loan, the Servicer is authorized, but not required, to update these data elements.

1.8.31.8.3 Mortgage Records

The Servicer must maintain records to show the payment history for each Mortgage Loan, including the date of each transaction, funds credited to the account, and disbursements made from the account.

1.8.41.8.4 Record Retention (10/1/25)

For more convenient storage, the Servicer may scan (or otherwise condense, including the use of computer imaging) most of the papers required to document and service the Mortgage Loan.

Servicers must ensure any documents processed, stored, or transmitted electronically, comply with the requirements of the applicable Government Agency Guides and the Ginnie Mae MBS Guides, in addition to any requirements in the MPF Guides that do not conflict with Ginnie Mae or Government Agency requirements.

However, the Servicer shall retain a copy of the original recorded Security Instrument, the original of any Assignments (except for any original Assignment that the MPF Government MBS Custodian may be holding), the original PMI certificate or applicable Government Agency mortgage insurance certificate or loan guaranty, and originals of any documents that modify the loan terms (unless required that they be sent to the MPF Provider). When the Servicer uses any form of reduced (condensed) documents, it shall be able to promptly reproduce legible, exact duplications of the original documents if they are needed for any reason.

The Servicer is responsible for promptly delivering to the MPF Government MBS Custodian any documents that come into its possession which are required to be maintained in the Collateral File.

After a Security Instrument is re-conveyed or assigned, or a Mortgaged Property disposed of, the Servicer must keep the individual Mortgage Loan File for at least seven (7) years (from the date of payoff or the date of disposition).

1.8.51.8.5 Release of Documents

The Note and the Assignment must remain in the MPF Government MBS Custodian's possession, except as needed by the Servicer from time to time as appropriate for Servicing of a Mortgage Loan. When items from the Collateral File are needed, the Servicer must submit a Request for Release of Documents for Government MBS (Form SG340M) to the MPF Government MBS Custodian.

The MPF Government MBS Custodian will release the requested Collateral File upon receipt of a properly executed Request for Release of Documents form. The Servicer will be responsible for the Collateral File while it is in the Servicer's possession and will be deemed to hold such Collateral File in trust for the MPF Provider. The Servicer must safeguard the Collateral File until it is returned to the MPF Government MBS Custodian, which includes protecting it from external elements (such as fire), identifying it as an MPF Provider asset, and keeping it separate from other unrelated documents.

If the Mortgage Loan has not been paid in full or otherwise liquidated, the Servicer shall promptly return the Collateral File when it is no longer required by the Servicer.

The MPF Provider will notify Servicers on a monthly basis regarding Collateral Files that have been released for non-liquidation purposes for more than ninety (90) days.

Within one business day of receipt of notification from the MPF Provider, the Servicer must respond to the MPF Provider with the reason the Collateral File has not been returned to the document Custodian.

The Servicer’s response must indicate one of the following:

  • The Mortgage Loan has been paid in full, repurchased, or liquidated as a result of Foreclosure, short sale, or Mortgage Release. The Servicer must provide an updated Form SG340 with reason “1”, “2”, or “4” selected.
  • The Servicer no longer needs the documents, and the Servicer will return the documents to the Custodian; or
  • The Servicer still needs the released documents, and the reason for the continuing need of the documents.

1.8.61.8.6 Release of Lien (4/15/25)

At payoff, liquidation or as otherwise necessary, the Servicer is responsible for releasing the lien of the Security Instrument, including executing the appropriate satisfaction, release, or reconveyance on behalf of the MPF Provider, and for complying with all Applicable Laws requiring timely release or reconveyance.

The Servicer must complete the appropriate Request for Release of Documents for Government MBS (Form SG340M) and submit it to the MPF Government MBS Custodian no later than the second business day of the month following payoff/liquidation (i.e. Request for Release of Documents for all January payoffs must be submitted by the 2nd business day of February). A separate SG340-M form must be submitted for each MPF Government MBS loan for which Servicer is requesting release of the Notes.  Any Servicer failing to submit timely requests will be subject to a $10 monthly late fee. Such fee will be imposed every month a required release remains unsubmitted to the Custodian.

Any specific instructions pertaining to endorsement and/or disposition of the original Mortgage Loan documents must accompany the Request for Release of Documents form.

The MPF Government MBS Custodian shall return the original Note by UPS or FedEx (using account number provided by the PFI at onboarding) once the Mortgage Loan is paid in full or otherwise liquidated. The Servicer is responsible for complying with Applicable Law with respect to the Note being altered to indicate the Mortgage Loan has been paid in full.

The Mortgage Loan must also be deactivated on MERS if the Mortgage Loan is registered with MERS.

1.8.71.8.7 Disclosure of Servicer Information

The Servicer must furnish to the MPF Provider or Ginnie Mae upon request, and to keep up to date, a description of the Servicer and its activities, suitable, in the MPF Provider’s or Ginnie Mae’s discretion, for disclosure purposes related to securitization. The Servicer consents to the inclusion of such description in any prospectus, private placement memorandum, or offering circular. The Servicer recognizes that the MPF Provider and Ginnie Mae will rely upon the truthfulness and accuracy of such description, including when using Mortgage Loans as collateral for mortgage-backed securities or similar transactions.

1.8.81.8.8 Lien Priority

The Servicer must take all such actions as are reasonably necessary to preserve the lien and its priority upon the Mortgaged Property securing each Mortgage Loan at all times.

1.8.91.8.9 Delinquency Ratio Exceeding MPF Program’s Standard

The Servicer shall maintain monthly total portfolio Delinquency ratios at or below the maximum allowable total delinquent ratio as determined by its MPF Bank or MPF Provider.

A Servicer may be disqualified or suspended if the Servicer’s 30-, 60-, or 90-day Delinquency rate or REO property rate for Mortgage Loans is more than 50% higher than the average 30-, 60-, or 90-day Delinquency rate or REO property rate for all Mortgage Loans owned by MPF Banks or delivered under the MPF Program nationally or for loans which are secured by Mortgaged Properties located in the same geographic area (which may include Standard Metropolitan Statistical Area, county, or state) as the loans being serviced by the Servicer and with similar mortgage and borrower characteristics (for example, origination year, loan to value ratio, documentation type, etc.).

1.8.101.8.10 Customer Contact

Servicers must promptly respond to all inquiries received from Borrowers about the terms of their Mortgage Loans, the status of their accounts, loss mitigation, or any actions the Servicer took (or did not take) in servicing their Mortgage Loans.

The Servicer’s staff must be able to communicate with Borrowers in a manner reasonably expected to be understandable to the Borrower.

The Servicer shall not refer Borrowers to the MPF Bank, the MPF Provider or the Master Servicer for resolution of issues that are the Servicer’s responsibility.

If Servicer requires information from Master Servicer, MPF Provider, or MPF Bank to respond to such Borrower inquiry, Servicer must allow at least 5 Business Days for the request to be processed, and to avoid delays, should ensure the request include at minimum the following information:

  • MPF loan number;
  • Borrower name(s);
  • Who inquiry was received from and relationship to Borrower (Note that any request received related to inquiry from alleged successors in interests will be assumed to have been confirmed as a Successor in Interest by Servicer pursuant to its policies and procedures);
  • Deadline for response to inquiry, and whether the deadline is regulatory;
  • Copy of the original inquiry (if received in writing); and
  • Any other relevant loan or borrower information that may be needed to provide response to Servicer’s request.

1.8.111.8.11 Rescission Notices

The Servicer must immediately notify the MPF Provider when a rescission notice is received from or on behalf of a Borrower.

To avoid delays, the notification to the MPF Provider must include at minimum the following information:

  • MPF loan number;
  • Borrower name(s);
  • Loan product, and any applicable Government Agency insuring or guaranteeing the Mortgage Loan;
  • Who inquiry was received from and relationship to Borrower (Note that any request received related to inquiry from alleged successors in interests will be assumed to have been confirmed as a Successor in Interest by Servicer pursuant to its policies and procedures);
  • Date and method notice of rescission was received by Servicer;
  • Copy of the Notice of Rescission;
  • Copy of any other communication received from Borrower or Borrower’s representative related to the rescission;
  • Status of loan (If loan is in foreclosure or bankruptcy: name and contact information of attorney representing Servicer and attorney representing Borrower); and
  • Any other relevant loan or borrower information that may be needed to address the rescission demand.

1.8.121.8.12 Other Loan Inquiries

Servicers must promptly respond appropriately pursuant to Applicable Laws to all inquiries received regarding Mortgage Loans they service, including inquiries from non-authorized individuals, regulators, government representatives etc.

The Servicer shall not refer such individuals to the Master Servicer, MPF Bank, or MPF Provider for resolution of issues that are the Servicer’s responsibility.

If Servicer requires information from the Master Servicer, MPF Bank, or MPF Provider to respond to such inquiry, Servicer must allow at least 5 Business Days for the request to be processed, and, to avoid delays, should ensure the request include at minimum the following information:

  • MPF loan number;
  • Borrower name(s);
  • Who inquiry was received from and relationship to Borrower (Note that any request received related to inquiry from alleged successors in interests will be assumed to have been confirmed as a Successor in Interest by Servicer pursuant to its policies and procedures);
  • Deadline for response to inquiry, and whether the deadline is regulatory;
  • Copy of the original inquiry (if received in writing); and
  • Any other relevant loan or borrower information that may be needed to provide response to Servicer’s request. 

1.8.131.8.13 Occupancy Status

The Servicer shall maintain accurate records of the occupancy status of Mortgaged Properties, including any changes in occupancy they have been made aware of. In addition, Servicers must immediately advise the MPF Provider via email, upon discovering that the Mortgaged Property is no longer owner-occupied, including when it is vacant or abandoned, or that it is occupied by a tenant, if the related Mortgage Loan documents require such property be owner-occupied.  Included in the communication advising the MPF Provider of such status change, the Servicer must provide recommendations as to any actions that are to be taken as a result of the change in occupancy status.

1.8.141.8.14 MERS Registered Mortgage Loans

If the Servicer uses MERS or if the use of MERS is required under a particular servicing option, in addition to complying with the requirements of the MERS Membership Agreement, Servicers of MERS registered Mortgage Loans must check for electronic messages from MERS. If an unidentified notice related to a Mortgage Loan is received, the Servicer must take any appropriate and timely action based on the notice, and advise MERS that it is the Servicer of the Mortgage Loan.

1.8.151.8.15 Execution by MPF Provider

If the MPF Provider’s signature is required on any document (e.g. for payment in full, Assumption, or Foreclosure), the Servicer must provide a written notice to the MPF Provider requesting the MPF Provider’s execution and certifying the reason that the execution is required. Upon receipt of the executed documents, the Servicer must promptly record, file, or deliver the documents as applicable. Servicer must allow at least 5 Business Days for the request to be processed, and, to avoid delays, should ensure the request include at minimum the following information:

  • MPF loan number;
  • Borrower name(s);
  • Explanation as to why request is being made, including any deadlines related to legal processes; and
  • Any other supporting documentation or relevant loan or borrower information that may be needed to respond to Servicer’s request.

1.8.161.8.16 Late Charges

The Servicer must collect late charges pursuant to the terms of the Note and in accordance with the Applicable Standards. However, the Servicer cannot collect a late charge that is more than five percent (5%) of the late Principal and Interest Payment and/or collect a late charge on a monthly payment received on or prior to the 15th calendar day of the month.

The Servicer should use discretion when considering a request for waiver of late charges, taking into consideration delinquency history, etc.

The Servicer must accept a late full monthly payment without the late charge included, unless Applicable Law states otherwise or acceptance of the payment would pose a risk to the Servicer during legal proceedings.

1.8.171.8.17 Property Address Change

When the Servicer has determined that the property address has changed, the Servicer must email the MPF Provider at [email protected] with the following information:

  • MPF loan number;
  • Borrower name;
  • Old property address;
  • New property address; and
  • Documentation reflecting the property address change.

1.8.181.8.18 Electronic Signatures

PFIs may use electronic signatures to execute servicing documents provided the document is permitted to be electronically signed by applicable laws and the MPF Program, including the requirements provided in MPF Program Guide Section “7.4 Electronic Signatures in Global and National Commerce Act (E-SIGN)"

In addition to the above requirements, PFIs must ensure that recording offices (if document is meant to be recorded), and all guarantor, insurer, Investor, or Government Agency (as applicable) permit electronic signatures and their requirements for the use of such electronic signatures are met. 

1.8.191.8.19 Notarization Standards

Certain loan documents and instruments may require notarization under applicable laws to allow for either recognition, enforcement, or recordation of the loan document or instrument. PFIs must ensure the notarization complies with applicable laws, MPF Program requirements, recording offices (if document is meant to be recorded) requirements, and all guarantor, insurer, Investor, or Government Agency (as applicable) requirements.

For the MPF Program requirements refer to MPF Program Guide section – “7.4.2 Notarization Standards”.

1.91.9 Military Indulgence

This section addresses compliance with the Servicemember’s Civil Relief Act.

1.9.11.9.1 Servicemember’s Civil Relief Act

The Servicemember’s Civil Relief Act of 2003 (“SCRA”) was enacted to support members of the military and certain other service personnel and their families during active duty. The SCRA applies to a Borrower who was a civilian when he or she became obligated under the Mortgage Loan documents and who is subsequently placed on active military status either voluntarily or involuntarily, and provides that the Borrower may have the loan interest rate reduced to six percent (6%) during the term of military service and for twelve (12) months thereafter, in the case of a mortgage, trust deed, or similar Security Instrument. A Servicer must attempt to ascertain the military status of the Borrower before initiating Foreclosure proceedings and must comply with specific state and local laws that address the effect of the SCRA upon the Foreclosure process, or that impose additional restrictions or limitations on foreclosing upon servicemembers. The Servicer is required to stay any Foreclosure proceedings started prior to his or her entry into active duty. The Servicer must also postpone the initiation of Foreclosure proceedings against an eligible servicemember while he or she is in active duty. The Servicer must also provide an extended stay of the Foreclosure and other legal proceedings for twelve (12) months from the end date of the servicemember’s active duty. The reduced interest rate provisions of the SCRA apply unless a court finds that the servicemember’s active service does not materially affect the servicemember’s ability to pay interest on the debt at the higher contract rate. The Servicer is responsible for complying with the SCRA.

The request for SCRA relief and providing relief cannot be conditioned upon the servicemember’s completion of a particular form, nor can a Servicer require that the written notice make an explicit request for benefits. Servicers should accept copies of the servicemembers’ military order as written notice of eligibility, as well as the servicemember’s written request for military deferment or forbearance as written notice. Servicemembers should be able to submit their requests by email, facsimile, mail, or overnight delivery. Servicemembers are eligible for protections if they provide the Servicer notice of their active military status 180 days or less after the date of the servicemember’s termination or release from active military service. Upon receipt of the notice, the Servicer is required to retroactively reduce the interest rate on the servicemember’s debt to the date on which the servicemember received his or her orders. This rate reduction can be granted to any eligible servicemember whose Mortgage Loan is secured by a single-family residence regardless of his or her occupancy status or percentage of ownership interest in the Mortgaged Property. The Servicer does not need to determine whether the servicemember’s entry into active duty materially affects his or her ability to pay interest at the Note rate. If the servicemember needs additional relief, the Servicer will need to obtain more information about his or her financial capabilities.

If the Mortgage Loan has a delinquent status when the servicemember is told to report for duty, the past due payments will bear interest at the rate applicable on the date they became due, with any payments coming due after the servicemember’s entry into active duty bearing interest at no more than six percent (6%). Certain eligible servicemembers are entitled to interest rate relief from the moment they receive their active-duty orders. Servicers must carefully review the servicemember’s status and eligibility to ensure full compliance with the SCRA. The Servicer should note that interest in excess of six percent (6%) a year is forgiven and not deferred. Late charges should also be waived during this period.

The effective start date of the reduced six percent (6%) interest rate is the date on which the servicemember reports for active-duty service or receipt of active-duty orders, depending on the branch of the military in which the servicemember serves. Rather than change the mortgage interest rate during the current month, the Servicer should make the new interest rate effective with the first payment due after the servicemember’s eligibility for interest rate relief begins. Since interest is paid in arrears, a servicemember will receive benefit of the lower interest rate for the entire month, including any part of the month that precedes the date of eligibility for interest rate relief. The Servicer should report the acceptance date of reduction of the interest rate under the SCRA by sending a copy of the military orders or other acceptable documentation to the attention of the MPF Provider.

The Servicer must continue to report and remit at the original Note terms but may submit a request for reimbursement for the interest difference to the MPF Provider either monthly or quarterly by submitting a copy of the Borrower’s applicable orders or other acceptable documentation. The interest rate subsidy continues through active-duty completion and then through the next twelve (12) months. Since interest is paid in arrears, a servicemember will receive the benefit of the six percent (6%) interest rate for the entire month he or she was released from active duty, plus an additional twelve (12) months under the SCRA.

Example: If active-duty service ends November 15, the next twelve (12) scheduled payments due for the following year are made at the reduced rate. On January 1 of the next year, the interest rate is changed to reflect the higher rate, so that the payment due on February 1 incorporates the restored interest rate prior to active duty.

The Servicer should notify the MPF Provider of the change of interest rate back to the full interest rate, and the MPF Provider will then reflect the change in interest rate on its records.

1.9.21.9.2 State or Jurisdictional Requirements

In addition to federal SCRA requirements, the Servicer must comply with any state or jurisdictional- specific SCRA requirements which expand protections or alter the Foreclosure requirements related to active duty servicemembers and other associated parties entitled to relief.

1.101.10 Delegation of Duties

This section covers the services the Servicer is permitted to delegate to another party.

The Servicer shall assure that each delegee retained to provide any permitted delegation of duties is fully licensed and holds all required federal, state, and local governmental franchises, certificates and permits, and that such person is reputable, knowledgeable, skilled, and experienced and has the necessary personnel, facilities, and equipment required to provide such services.

Any delegee shall be retained solely for the Servicer’s account and at the Servicer’s sole expense and shall not be deemed to be an agent or representative of the MPF Provider, the Master Servicer or its successors or assigns.

The Servicer shall remain liable to the MPF Provider and its successors and assigns for the performance of the Servicer’s duties and obligations hereunder, regardless of the delegation of any Servicing function.

In addition, the Servicer will indemnify and hold harmless the MPF Bank and the MPF Provider, its successors and assigns from and against any and all claims, damages, losses liabilities, costs or expenses arising either directly or indirectly out of any acts or omissions of any person retained to provide the foregoing services, including but not limited to attorney’s fees and court costs.

1.10.11.10.1 Subservicing

With the specific written consent of the MPF Provider, the Servicer may delegate all of its servicing responsibilities to an approved Subservicer. If Servicing is performed by a Subservicer, all financial transactions regarding this Servicing must take place through the PFI's DDA with the MPF Provider.

A subservicer must be either a Ginnie Mae approved Issuer, a PFI, or an affiliate of a PFI, prior to accepting the delegation of servicing responsibilities from the Servicer.

1.10.21.10.2 Delegations Not Requiring Consent

The Servicer may elect to delegate, by agency, subcontract or otherwise, only the following servicing duties without obtaining the written consent of the MPF Provider:

  • Professional collection agencies to perform those duties and functions for the collection of delinquent amounts due on any mortgage loan that are customarily performed by such agencies in the locality where the related mortgaged property is located;
  • Title insurance companies, escrow companies and trust companies to issue or provide reports reflecting the condition of title to any mortgaged property and services incidental to the foreclosure or acquisition in lieu of foreclosure of any mortgaged property, or the sale or disposition of any mortgaged property acquired by the Servicer;
  • Attorneys licensed to practice in the state in which the mortgaged property is located to perform customary legal services in connection with the foreclosure or acquisition of such mortgaged property or the sale or disposition of such mortgaged property acquired by the Servicer at or in lieu of foreclosure, or for the collection of delinquent sums owed on any mortgage loan;
  • Professional property inspection companies and appraisers to conduct routine inspections of mortgaged property and to provide written inspection reports, as required hereunder;
  • Title companies, escrow companies and real estate tax service companies to provide periodic reports of the amount of real estate taxes due on any mortgaged property and the due dates of each required installment, and the payment of taxes;
  • Credit bureaus or credit reporting companies to provide credit reports on borrowers or persons who have applied to assume mortgage loans;
  • Construction companies, contractors and laborers to provide labor, materials and supplies necessary to protect, preserve and repair mortgaged property, as required hereunder;
  • Lockbox providers or payment processing administrators to provide payment processing services; and
  • Property insurance servicing companies to provide periodic reports as to the amount of hazard insurance premiums due on any mortgaged property and the due date of each required premium payment.

1.111.11 Servicer Eligibility Standards

In addition to meeting all eligibility requirements in the Guides, Servicers of Government MBS Mortgage Loans must:

  • Be a PFI or Servicer;
  • Have the capability to service Mortgage Loans under the Scheduled/Scheduled remittance type;
  • Be eligible to service loans for the Applicable Government Agency;
  • Have experience servicing Government Mortgage Loans; and
  • Execute the appropriate Applicable Agreements.

A Servicer interested in purchasing Servicing Rights for Government MBS Mortgage Loans from a PFI must:

  • Be engaged in purchasing Government Mortgage Loan servicing rights under existing servicing sales arrangement for concurrent sale; and
  • Be approved by the MPF Bank and MPF Provider as a Servicer to acquire Servicing Rights for Serviced Government MBS Mortgage Loans.

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