This chapter addresses the options for PFIs to transfer Servicing of a Mortgage Loan at loan delivery. To participate in these Servicing released options, PFIs must contact their MPF Bank Representative.
17.2.117.2.1 Whole Loan Sale
The MPF Xtra whole loan sale option involves the PFI selling MPF Xtra Mortgage Loans and the Servicing Rights for those Mortgage Loans to the MPF Provider at loan delivery. The MPF Provider then sells the Mortgage Loan to an investor and transfers the Servicing Rights to an Assuming Servicer. The PFI selling the whole loan (Selling Servicer) must execute an MPF Xtra Addendum to the PFI Agreement and must obtain an MPF Xtra Master Commitment that (i) indicates it will sell MPF Xtra Mortgage Loans on a whole loan basis and (ii) lists an Assuming Servicer as directed by the Selling Servicer’s MPF Bank.
17.2.1.117.2.1.1 Selling Servicer Responsibilities
17.2.1.1.117.2.1.1.1 Transfer Process (7/2/24)
For specific requirements regarding the servicing transfer process, see Exhibit W-X: NewRez Whole Loan Servicing Transfer Manual for MPF Xtra.
The Selling Servicer must transfer servicing to the Assuming Servicer in full compliance with Applicable Law, the Guides, and in accordance with the terms and conditions of the applicable Servicing Transfer Manual.
Note: All servicing released activity delivered to Specialized Loan Servicing (SLS) prior to June 1, 2024 has been transitioned to NewRez. As a result, for all mortgage loans previously delivered to SLS, Servicers must refer to and comply with Exhibit W-X: NewRez Whole Loan Servicing Transfer Manual for MPF Xtra.
17.2.1.1.217.2.1.1.2 Quality Control Review
The Selling Servicer is responsible for conducting the quality control review in accordance with the Guides for MPF Xtra Mortgage Loans that were sold by the Selling Servicer on a whole loan basis. If an MPF Xtra Mortgage Loan is selected for MPF Provider or Fannie Mae quality control review, the Selling Servicer shall be responsible for providing copies of the required documents upon request from the MPF Provider or Fannie Mae.
17.2.1.217.2.1.2 Termination of the Assuming Servicer
The MPF Bank and the MPF Provider have the full right to terminate an Assuming Servicer’s right to service MPF Xtra Mortgage Loans at any time. If an Assuming Servicer’s right to service MPF Xtra Mortgage Loans is terminated, all MPF Xtra Master Commitments listing the Assuming Servicer as Servicer will be closed. The MPF Bank will work with the Selling Servicer to find an alternative servicing released option.
The MPF Provider or Fannie Mae may transfer the Servicing to such party as the MPF Provider or Fannie Mae may designate.
17.2.217.2.2 Concurrent Sale of Servicing to Another PFI
Concurrent sales or transfers of Servicing involve the PFI (Selling Servicer) selling the Servicing Rights to an Assuming Servicer at the same time the Mortgage Loan is sold to the MPF Bank. The Selling Servicer will remain liable for origination representations and warranties under its PFI Agreement. The Assuming Servicer must service the Mortgage Loans in compliance with the requirements in the Servicing Guide.
To participate in this concurrent sale of servicing option, PFIs must contact their MPF Bank Representative.
17.2.2.117.2.2.1 Eligible Servicers
Servicers of MPF Xtra Loans must:
- Be a PFI;
- Meet the eligibility requirements in the Program Guide and comply with the Applicable Standards;
- Execute an MPF Addendum to the PFI Agreement;
- Be engaged in purchasing servicing rights under existing servicing sales agreements;
- Be eligible to service loans for Fannie Mae;
- Execute an MPF Xtra Addendum to the PFI Agreement; and
- Be approved by its MPF Bank as a Servicer (thereafter known as an Assuming Servicer) eligible to acquire Servicing Rights for Serviced Xtra Mortgage Loans from Selling Servicers under the MPF Xtra product.
17.2.2.217.2.2.2 Selling Servicer Prerequisites to Selling Servicing Rights
The Selling Servicer may not sell any of its Servicing Rights without the written consent of the MPF Provider under the MPF Xtra product. The Assuming Servicer may not acquire Servicing Rights for Serviced Xtra Mortgage Loans under its PFI Agreement without the written consent of the Assuming Servicer’s MPF Bank. Therefore, in order to sell Servicing Rights to an approved Assuming Servicer, the Selling Servicer must first complete all the following requirements:
- The Selling Servicer and the Assuming Servicer must complete and submit an MPF Xtra Servicing Transfer Notice ( Form SG361-X) to the Assuming PFI’s MPF Bank for its approval;
- The Selling Servicer and the Assuming Servicer must execute a Sale of Servicing Agreement;
- The Selling Servicer must obtain an MPF Xtra Master Commitment (MC) with the approved Assuming Servicer as the Servicing PFI for that MC; and
- The Selling Servicer must have the ability to either originate Mortgage Loans as a “MOM” loan (MERS as Original Mortgagee) or the ability to assign and register the loan with MERS immediately after the sale of the Servicing Rights.
17.2.2.317.2.2.3 Sale of Servicing Agreements
It is the Selling Servicer’s responsibility to verify the Assuming Servicer is approved to purchase Servicing Rights and service MPF Xtra Mortgage Loans for the MPF Program. When a PFI is not approved to acquire Servicing Rights, the PFI must obtain approval to become an Assuming Servicer.
The Selling Servicer and the Assuming Servicer will enter into a Sale of Servicing Agreement in order to sell Servicing Rights for MPF Xtra Mortgage Loans. The MPF Bank and MPF Provider are not parties to the Sale of Servicing Agreement and do not have any obligations or liabilities under the Sale of Servicing Agreement. Additionally, no MPF Bank shall owe any fees to the Selling Servicer or the Assuming Servicer in connection with the sale of MPF Xtra Servicing Rights. Any compensation payable by the Assuming Servicer to the Selling Servicer in connection with the sale of MPF Xtra Mortgage Loan Servicing Rights shall be as provided in the Sale of Servicing Agreement.
In the event of a conflict between the Guides or the PFI Agreements and the Sale of Servicing Agreement, the Guides and PFI Agreements will control. However, to the extent that the Sale of Servicing Agreement addresses matters solely between the PFIs which do not affect the MPF Banks’ rights with respect to the Serviced Xtra Mortgage Loans or the Servicing of such Mortgage Loans, then the Guides or PFI Agreements shall have no applicability to such matters.
The Assuming Servicer’s Servicing Rights with respect to the Serviced Xtra Mortgages are specifically subject to the rights of its MPF Bank and the MPF Provider under the Assuming Servicer’s PFI Agreement and as provided for in the Guides.
17.2.2.417.2.2.4 Servicing Rights Transfer Process
On the date provided for in the Sale of Servicing Agreement, but not later than the last date on which a sale can occur that would allow the Selling Servicer and the Assuming Servicer to comply with the Servicing Requirements specified in the Guides for Serviced Xtra Mortgage Loans, the Selling Servicer shall transfer or deliver to the Assuming Servicer:
- All funds held in connection with the servicing of the Serviced Xtra Mortgage Loans for the benefit of the Borrowers or Fannie Mae;
- Mortgage Loan Files and data related to the loan and the servicing of the Serviced Xtra Mortgage Loans necessary to service the Serviced Xtra Mortgages in accordance with Applicable Standards; and
- All Borrower notices pertaining to transfer of the Servicing Rights in accordance with Applicable Standards and the Sale of Servicing Agreement.
As of the date a Serviced Xtra Mortgage Loan is sold by the Selling Servicer under the MPF Xtra product, the Assuming Servicer shall be responsible for the servicing of the Serviced Xtra Mortgage Loan in accordance with the Applicable Standards. The Assuming Servicer shall accept the servicing of the Serviced Xtra Mortgage Loan despite any Selling Servicer breach of Sale of Servicing Agreement or breach of Selling Servicer Obligations.
The MPF Provider may be required to reverse a funding of a Serviced Xtra Mortgage Loan for which the Servicing Rights have been sold in order to correct loan data. This will result in a new funding confirmation for the Serviced Xtra Mortgage Loan. The Assuming Servicer will be required to service the Serviced Xtra Mortgage Loan in accordance with the new funding confirmation. Because such notifications of loan data corrections are delivered to the Selling Servicer, it is recommended that the Sale of Servicing Agreement contain provisions for the Selling Servicer to share such notification with the Assuming Servicer.
17.2.2.517.2.2.5 Custody Documents
The Selling Servicer shall deliver custodial documents for the Serviced Xtra Mortgage Loans to the MPF Program Custodian.
17.2.2.617.2.2.6 Note Endorsement
The Selling Servicer must endorse the Note “in blank” before it is delivered to the MPF Program Custodian. If an allonge is being used for the endorsement, the allonge must be permanently affixed to the related note and must clearly identify the note by referencing the name of the Borrower(s), the date of the note, the amount of the note, and the address of the mortgaged property. The form and content must comply with all Fannie Mae requirements and applicable state, local, or federal law governing the use of allonges and result in an enforceable and proper endorsement to the note.
17.2.2.717.2.2.7 Assignments
Unless MERS is the original Mortgagee, the Selling Servicer must prepare and record an Assignment of the Security Instrument to MERS for each Serviced Xtra Mortgage Loan in the form that complies with MERS requirements and Applicable Law.
17.2.2.817.2.2.8 Recording Assignments
Every Serviced Xtra Mortgage Loan must either be a MOM loan (MERS as Original Mortgagee) or assigned to MERS immediately after the sale of Servicing. Immediately following the sale of the Serviced Xtra Mortgage to the MPF Provider, either the Selling Servicer or the Assuming Servicer (as agreed to between them) shall record such assignment in the appropriate public records of the jurisdiction where the related Mortgaged Property is located.
17.2.2.917.2.2.9 Certification with the MPF Program Custodian
The Selling Servicer is responsible for the Initial Certification of the Collateral Files, resolving Initial Certification issues with the MPF Program Custodian, and payment of all fees imposed for uncertified documents or custodial Exceptions. All MPF Xtra Mortgage Loans delivered to the MPF program subject to pre-Funding certification, must meet the Initial Certification requirements prior to Funding to be eligible.
17.2.2.1017.2.2.10 Selling Servicer Document Access
The Selling Servicer may request and obtain the Collateral File from the MPF Program Custodian in order to correct certification exceptions only during the time period permitted for Initial Certification.
17.2.2.1117.2.2.11 Custodial Accounts, Loan Accounts, and Remittances
The Assuming Servicer is required to maintain separate Custodial Accounts in accordance with the Guides. The Assuming Servicer will be responsible for monthly loan accounting and reporting commencing the first monthly cycle cutoff date after the Serviced Xtra Mortgage Loan was sold.
17.2.2.1217.2.2.12 Other Selling Servicer Responsibilities
The Selling Servicer is responsible for conducting the quality control review in accordance with the Program Guide for Serviced Xtra Mortgage Loans for which the Servicing Rights have been sold.
If a Serviced Xtra Mortgage Loan for which the Servicing Rights were sold is selected for MPF Provider or Fannie Mae quality control review, the Selling Servicer shall be responsible for providing copies of the required documents upon request from the MPF Provider or Fannie Mae.
17.2.2.1317.2.2.13 Servicing Rights Sale Provisions
In addition to the representations and warranties in the PFI Agreement, the Selling Servicer represents and warrants as of the Funding Date that:
- The Selling Servicer is the sole and lawful owner of the Servicing Rights;
- The Selling Servicer has the full right and power to sell the Servicing Rights to the Assuming Servicer;
- Except for the Sale of Servicing Agreement and the Selling Servicer Agreement, the Servicing Rights are not subject to any contract or other agreements of the Selling Servicer;
- The terms of the Master Commitment(s) remain in full force and effect; and
- The PFI Agreement remains in full force and effect.
Additionally, the Selling Servicer shall remain liable for:
- The origination obligations for the Serviced Xtra Mortgage Loans;
- Delivery of the document package; and
- Any violations of the Servicing Responsibilities that occur prior to the sale of the Servicing Rights to the Assuming PFI.
The MPF Provider or Fannie Mae may request that the Assuming Servicer repurchase any Serviced Xtra Mortgage Loan:
- Which does not meet the requirements of the Guides, whether such condition is due to the Selling Servicer’s breach of any of its origination obligations or Servicing Responsibilities with respect to such Serviced Xtra Mortgage Loan; or
- If the Assuming Servicer violated its Servicing Responsibilities after its purchase of the Servicing Rights to the Serviced Xtra Mortgage Loan.
Without waiving its rights against the Selling Servicer, the Assuming Servicer shall effect such repurchase, provided:
- The Selling Servicer has not filed nor has a filing been made against the Selling Servicer under the Bankruptcy Code; and
- Neither a receiver nor a conservator has been appointed for the Selling Servicer;
- The MPF Provider or Fannie Mae assigns its rights against the Selling Servicer with respect to such Mortgage to the Assuming Servicer; and/or
- The Assuming Servicer is subrogated to the rights of the MPF Provider or Fannie Mae against the Selling Servicer with respect to such Mortgage Loan.
Regardless of whether or not any of the above conditions are met, the MPF Provider or Fannie Mae may pursue repurchase of the Serviced Xtra Mortgage Loan directly against the Selling Servicer or its successors and assigns in an instance where the Selling Servicer is responsible for a repurchase under the terms of the Guides and the Selling Servicer’s PFI Agreement. However, the Assuming Servicer will continue to service such Serviced Xtra Mortgage Loan until it is repaid, liquidated or the MPF Provider or Fannie Mae notifies the Assuming Servicer that the Serviced Xtra Mortgage Loan has been sold.
17.2.2.1417.2.2.14 Termination of the Assuming Servicer as Servicer
Termination of the Assuming Servicer’s right to service Mortgage Loans under the PFI Agreement, shall terminate the Assuming Servicer's MPF Xtra Servicing without separate notice to the Assuming Servicer. If Fannie Mae terminates the Assuming Servicer’s eligibility as a Servicer, it will also result in the termination of the Assuming Servicer’s MPF Xtra Servicing Rights for the Serviced Xtra Mortgage Loans. Such termination shall not relieve the Assuming Servicer of its obligation to transfer all funds, Mortgage Loan Files and data for the Service Xtra Mortgage Loans in its possession to the party designated by the MPF Provider, or Fannie Mae. The MPF Provider or Fannie Mae may transfer the Servicing to such party as the MPF Provider or Fannie Mae may designate.
17.2.2.1517.2.2.15 Termination of the Sale of Servicing Agreement
If the Selling Servicer terminates the Sale of Servicing Agreement, the Selling Servicer must notify the MPF Provider immediately in writing of the termination. Termination of the Sale of Servicing Agreement does not relieve the Assuming Servicer of its obligation to service the Serviced Xtra Mortgage Loans in accordance with the requirements of the Guides.