FHLMC Single-Family Seller-Servicer Guide — Mortgage eligibility / Seller representations

fhlmc-1301-eligibility-smoke

Smoke-test register for FHLMC Single-Family Seller-Servicer Guide — Seller representations and warranties regarding Mortgage eligibility. Smoke-test scope: ONE obligation only; full Selling-side expansion happens in subsequent Round D drafting batches.

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source:
  type: regulation
  id: fhlmc-1301-eligibility-smoke
  authority: FHLMC Single-Family Seller-Servicer Guide — Mortgage eligibility / Seller representations
  description: |
    Smoke-test register for FHLMC Single-Family Seller-Servicer Guide —
    Seller representations and warranties regarding Mortgage eligibility.
    Smoke-test scope: ONE obligation only; full Selling-side expansion
    happens in subsequent Round D drafting batches.
obligations:
  - id: fhlmc-1301-note-and-security-instrument-enforceable
    canonical_id: fhlmc-1301-note-and-security-instrument-enforceable
    section: FHLMC SF Guide — Note and Security Instrument enforceability representation
    description: |
      [LENDER], as Seller, represents and warrants that the Note and the
      Security Instrument for each Mortgage delivered to Freddie Mac must
      be enforceable by [LENDER] (the Seller). This is a fundamental
      representation supporting Freddie Mac's purchase decision and
      [LENDER]'s ability to deliver clean title at sale.
    type: do
    audit_question: For every Mortgage [LENDER] delivers to Freddie Mac, can [LENDER] evidence that the Note and the Security Instrument are enforceable by [LENDER] as of the Delivery Date — including proper execution, proper recording where required, and absence of facially-fatal defects?
    program_review: Do the P&Ps/QC ensure that, for every Mortgage delivered to Freddie Mac, the Note and Security Instrument are enforceable by the Seller as of Delivery — proper execution, proper recording where required, no facially-fatal defects?
    file_review: Pull delivered files; review the Note and Security Instrument for execution, recording, and facial defects. The compliance person judges enforceability.
    judgment: true
    feeds: []
    workflow_phase: post_close_qc
    owner_role: post_closing_specialist
    secondary_owner_role: compliance_officer
    cadence: per-delivery
    consequence: FHLMC repurchase demand on unenforceable Mortgages; reps-and-warranties breach exposure.
    tags:
      - round-d
      - regulator-direct
      - fhlmc
      - delivery
      - reps-and-warranties
      - note-enforceability
      - promoted
    primary_source:
      tier: 1
      authority: FHLMC Single-Family Seller-Servicer Guide — Seller representation
      source_class: fhlmc-guide
      source_url: https://guide.freddiemac.com/ci/okcsFattach/get/3046538_4
      snapshot_id: fbba421721d90cb1
      fetched_at: '2026-05-25T14:10:06Z'
      content_hash: sha256:placeholder-will-not-substring-check-against-this
      paragraph_quote: |
        The Note and the Security Instrument must be enforceable by the Seller.
      drafter_attestation: |
        Copied verbatim from snapshot fbba421721d90cb1 (FHLMC Single-Family
        Seller-Servicer Guide consolidated PDF, downloaded 2026-05-25).
        Smoke-test obligation for Round D pipeline validation across FHLMC
        source family.
    promoted_at: '2026-05-25T14:29:10+00:00'
    promoted_from: fhlmc-1301-eligibility-smoke-roundd-v1.yaml
_promotion_history:
  - promoted_at: '2026-05-25T14:29:10+00:00'
    candidate_path: obligations\_remediation\round-d-investor-guides\fhlmc-1301-eligibility-smoke-roundd-v1.yaml
    candidates_promoted: 1
    candidates_skipped_existing: 0

Verbatim regulatory text (1)

Verbatim provisions from FHLMC Single-Family Seller-Servicer Guide — Mortgage eligibility / Seller representations — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.

FHLMC SF Guide — Note and Security Instrument enforceability representation

The Note and the Security Instrument must be enforceable by the Seller.

Source: FHLMC Single-Family Seller-Servicer Guide — Seller representation · source URL · snapshot fbba421721d90cb1