Freddie Mac Single-Family Seller/Servicer Guide Section 1402.3 — Delivering eMortgages

Freddie Mac Single-Family Seller/Servicer Guide Section 1402.3 — Delivering eMortgages

1402.3: Delivering eMortgages (12/17/25) This section contains requirements related to: ■ eMortgage delivery requirements ■ eNote certification ■ eMortgage post-closing corrections and other requirements ■ Use of eMortgage Warehouse Lender ■ Post purchase support (a) eMortgage delivery requirements To deliver an eMortgage to Freddie Mac, a Seller/Servicer must: 1. Ensure, and represent and warrant to Freddie Mac, that it has complied with all applicable E-SIGN requirements with respect to Borrowers who are “consumers” (as that term is defined by E-SIGN), as applicable 2. Close the eMortgage with the applicable Fannie Mae/Freddie Mac Uniform Security Instrument. See Exhibit 5A for mandatory eNote language to be used with the applicable Uniform Note. 3. Provide the Borrower at closing with a paper copy of the executed eNote and all other Mortgage documents, unless the Borrower expressly agrees, in writing or electronically, to receive an Electronic copy of the eNote and all other Mortgage File Documents and provide copies of the eNote and other Mortgage File Documents, if requested by the Borrower in the future. Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-23 4. Register an eNote with the MERS® eRegistry, using a MIN, as soon as possible, but no later than one (1) Business Day after the eMortgage loan closing date and before certification of the eMortgage by Freddie Mac as set forth in Section 1402.3(b). 5. Deliver the Authoritative Copy of the eNote, using MERS eDelivery, to Freddie Mac’s or a Freddie Mac-approved third-party eNote custodian’s eNote Vault System. Upon receipt of an eNote, the eNote Vault System will validate (re-compute) the eNote’s Tamper- Seals and compare them with the corresponding Tamper-Seals in the MERS eRegistry. Note: The list of Freddie Mac-approved third-party eNote custodians can be found at https://sf.freddiemac.com/working-with-us/electronic-loan-documents/emortgage- ready-participants#enote-custodians. If your Document Custodian is not currently approved for eNote custody and is interested in eNote custody, please refer them to [email protected]. 6. Retain a Copy of the Authoritative Copy of the eNote in Seller/Servicer’s eNote Vault System. 7. Send an offer of Transfer of Control of the eNote to Freddie Mac and Location of the eNote to Freddie Mac or a Freddie Mac-approved third-party eNote custodian, as applicable, using the MERS eRegistry. For eMortgages delivered through Cash-Released Xchange®, an offer of Transfer of Control and Transfer of Location must be sent to Freddie Mac. 8. Deliver ULDD Data Point eNote Indicator (Sort ID 233) as “true” in Loan Selling Advisor® to identify the Mortgage as an eMortgage. Also, deliver ULDD Data Point Remote Online Notarization Indicator (Sort ID 398.2) as “true” if the eMortgage loan is closed using the Remote Online Notarization process. 9. If the eNote was executed by a person acting as attorney-in-fact pursuant to authority granted by a Borrower under a paper power of attorney (POA), the Seller/Servicer must comply with the following delivery requirements: Delivery requirements for eNotes executed under power of attorney If the authority granted by a Borrower is under a paper power of attorney: If the authority granted by a Borrower is under an Electronic power of attorney: ■ Deliver an Electronic copy of the following, along with the eNote, to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if applicable) using MERS eDelivery: ■ Deliver the Electronic POA, along with the eNote, to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if applicable) using MERS eDelivery ■ If the POA is recorded, whether or not it is required, and the copy of the POA Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-24 Delivery requirements for eNotes executed under power of attorney If the authority granted by a Borrower is under a paper power of attorney: If the authority granted by a Borrower is under an Electronic power of attorney: ❑ The original POA (signed in ink by the Borrower) ❑ A copy of the POA, or ❑ A copy of the POA showing the recordation information ■ If applicable law requires an original POA (signed in ink by the Borrower) for enforcement or foreclosure purposes, the Seller/Servicer must deliver an original POA (signed in ink by the Borrower) to the Document Custodian ■ If the POA is recorded, whether or not it is required, and the copy of the POA with recordation information is not delivered along with the eNote, the Seller/Servicer must deliver an Electronic copy of the POA with recordation information received from the recording office to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if applicable), using MERS eDelivery, within 30 days of receipt See Sections 6301.2(b) and 1401.3(d) for additional delivery requirements. with recordation information is not delivered along with the eNote, the Seller/Servicer must deliver an Electronic copy of the POA with recordation information received from the recording office to the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if applicable), using MERS eDelivery, within 30 days of receipt See Sections 6301.2(b) and 1401.3(e) for additional delivery requirements. Note: If MERS eDelivery is not available, for delivery of the Electronic documents, delivery by other electronic means (e.g., e-mail) to Freddie Mac or the Freddie Mac- approved third-party eNote custodian is acceptable. If Freddie Mac is the eNote custodian, deliver the Electronic documents to [email protected]. See Sections 1402.3(c) and 6302.5(b)(ii) for additional delivery requirements. (b) eNote certification Freddie Mac will not purchase an eMortgage delivered by a Seller/Servicer to Freddie Mac until Freddie Mac or a Freddie Mac-approved third-party eNote custodian has certified that Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-25 the eNote data matches that data delivered in Loan Selling Advisor. Any other certification arrangement must be expressly approved by Freddie Mac. Freddie Mac may agree to provide either its automated eNote certification process, or its manual eNote certification process to Seller/Servicer. Freddie Mac will make that determination at the time of the Seller/Servicer’s approval to sell eMortgages. (i) Automated eNote certification Freddie Mac and Freddie Mac-approved third-party eNote custodians provide automated eNote certification services for eNotes delivered to Freddie Mac. Such automated eNote certification will occur after the eNotes are in Freddie Mac’s or the Freddie Mac- approved third-party eNote custodian’s eNote Vault System and Seller/Servicer has provided all required loan data to Loan Selling Advisor. (ii) Manual eNote certification In the event Freddie Mac or a Freddie Mac-approved third-party eNote custodian determines that Seller/Servicer must use the manual eNote certification process, in addition to applicable Note verification requirements as identified in Section 6304.3(a), Freddie Mac or a Freddie Mac-approved third-party eNote custodian must verify that: ■ Loan Selling Advisor properly identifies eMortgages by confirming: ❑ The term “EMTG” is on the Form 1034E in Loan Selling Advisor or on a printed version of Form 1034E; or ❑ The “Enote Indicator” column in the data export from Loan Selling Advisor is “true”; or ❑ A check mark is in a column denoted with or labeled with a lower case “e,” in the certification screens in Loan Selling Advisor ■ The MIN in Loan Selling Advisor is the same as the MIN on the eNote ■ The Tamper Seal on the eNote matches the Tamper Seal stored in the MERS eRegistry ■ Freddie Mac is the Controller of the eNote and Freddie Mac or a Freddie Mac- approved third-party eNote custodian is the Location of the eNote in the MERS eRegistry ■ When the eNote is viewed in the eNote Vault System, there is a representation of the Borrower’s typed name and Electronic Signature (which may or may not include a time and date stamp), and the Borrower’s legal signing capacity, if signing other than in an individual capacity Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-26 ■ When the eNote is viewed in the eNote Vault System, MERSCORP Holdings, Inc., a Delaware corporation, has been named as the “Operator of the Registry” in the eNote Uniform Instrument ■ The eNote is a valid Version 1.02 MISMO Category 1 SMART Document; and ■ When the Borrower’s holographic signature is not consistent with a typed or printed name below the signature line on the Note or in Loan Selling Advisor, a signature affidavit or name affidavit is not required for eMortgages since the eClosing System involves authentication of the Borrower and has an associated audit trail The Seller/Servicer is responsible for resolving discrepancies before certification can be completed. If the eNote does not meet certification requirements and the Seller/Servicer has been unable to resolve outstanding issues, the eNote will be transferred back to the Seller/Servicer and purchase by Freddie Mac will not occur. (c) eMortgage post-closing corrections and other requirements (i) Major corrections If the Seller/Servicer discovers a major error or omission (such as loan amount, Note Date, Floor Rate Percent, Ceiling Rate Percent, etc.) that affects the enforceability of the eNote, Electronic Security Instrument or other Electronic Mortgage File Documents (“Major Error”) after closing, but before delivery to Freddie Mac, Seller/Servicer may correct such Major Error by having the Borrower re-execute the eNote, Electronic Security Instrument or other Electronic Mortgage File Document, as applicable. (ii) Minor corrections If the Seller/Servicer discovers a scrivener’s or ministerial error or omission (such as misspelled City, State or Street names, etc.) that does not adversely affect the enforceability of the eNote, Electronic Security Instrument or Electronic Mortgage File Documents or affecting the First Lien status of the eMortgage (“Minor Error”) in any eNote, Electronic Security Instrument or Electronic Mortgage File Documents after closing, but before delivery to Freddie Mac, Seller/Servicer may correct any such Minor Error using the procedures and processes below: ■ The Seller/Servicer may, pursuant to a limited power of attorney or closing compliance authorization agreement duly executed by the Borrower: ❑ Make corrections only to a Seller/Servicer certified paper copy of the eNote, Electronic Security Instrument or Electronic Mortgage File Document marked “Copy,” as applicable; and Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-27 ❑ Execute an affidavit similar to the sample provided in Exhibit 45 and insert the applicable information on a form similar to the sample provided in Exhibit 46 ■ The Seller/Servicer must: ❑ Store Electronic copies of such documents in Seller/Servicer’s eNote Vault System or eStorage System ❑ Deliver such documents to Freddie Mac’s or a Freddie Mac-approved third-party eNote custodian’s eNote Vault System as Electronic Records, in an Electronic format acceptable to Freddie Mac for storage with related eNotes; and ❑ Deliver a paper copy of such documents to the Borrower on the day such documents are executed ■ The Seller/Servicer represents and warrants to, and agrees and covenants with Freddie Mac that eNotes, Electronic Security Instruments and Electronic Mortgage File Documents corrected as set forth herein are accurate, valid, effective, enforceable, and in First Lien position and in compliance with all applicable laws, rules, and regulations, including, without limitation, E-SIGN and the UETA, as enacted in the applicable jurisdiction ■ The Seller/Servicer may not use this procedure to correct any eNote, Electronic Security Instrument or Electronic Mortgage File Document after the eMortgage has been delivered to Freddie Mac, unless the Seller/Servicer obtains Freddie Mac’s prior written approval The Minor Error correction process in this Section 1402.3(c)(ii) is provided as a convenience for the Seller/Servicer and not as legal advice. The Seller/Servicer is (and remains) solely responsible for the validity, effectiveness and enforceability of any eNote or other Electronic Record and the First Lien status of the eMortgage corrected in this manner. The Seller/Servicer must confer with its legal counsel before using this process in any State. Freddie Mac assumes no liability for the correction process used by the Seller/Servicer. (iii)Electronic Record image quality If an Electronic Record is delivered to Freddie Mac’s or a Freddie Mac-approved third-party eNote custodian’s eNote Vault System and Freddie Mac or the Freddie Mac approved third-party eNote custodian, as applicable, determines that the image quality of the Electronic Record is unacceptable, Freddie Mac may require the Seller/Servicer to provide an Electronic copy of the Electronic Record that is acceptable to Freddie Mac or the Freddie Mac-approved third-party eNote custodian, as applicable. Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-28 (iv) eMortgage file documentation management The Mortgage File Documents for eMortgages delivered may contain paper and Electronic documents, so long as Seller/Servicer: ■ Maintains Records in the Mortgage file, eNote Vault System, and/or eStorage System that cross-reference the paper and Electronic documents, and ■ Promptly delivers the Electronic Custodial Documents to Freddie Mac, its designee or a Freddie Mac-approved third-party eNote custodian, as applicable, and paper Custodial Documents to the Document Custodian in the format required by applicable law and/or Freddie Mac’s requirements If some of the Mortgage File Documents are paper and some are Electronic, the paper documents must be delivered and retained as required by other parts of the Guide, and the other Electronic Mortgage File Documents must be retained in the Seller/Servicer’s eNote Vault System. If the eNote Vault System does not allow storage of Electronic Mortgage File Documents other than the eNote, these Electronic Mortgage File Documents must be stored securely in an eStorage System in compliance with the requirements of this chapter, the Guide and the Seller/Servicer’s other Purchase Documents. Note: Sections 1401.3(d) and 1401.3(e) and Chapters 3301 and 3302 contain most of Freddie Mac’s Mortgage file document retention requirements. The eStorage System must: ■ Support multifactor authentication; acceptable methods may include a username and password, biometrics, and/or a key token ■ Be setup with appropriate firewall and network perimeter security controls and measures to safeguard against malware, etc. ■ Prevent unauthorized viewing or disclosure of the most sensitive data and documents through restricted access (v) Selling eNotes with or without recourse Unless the Seller/Servicer and Freddie Mac have agreed (or subsequently agree) in the Seller/Servicer’s other Purchase Documents to the contrary, all eNotes sold to Freddie Mac are sold by the Seller/Servicer “without recourse,” as that term is used and described in Article 3 of the UCC and Section 6201.2(b)(ii) of the Guide. Despite the sale of eNotes Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-29 being sold “without recourse” to Freddie Mac, the Seller/Servicer remains responsible and liable for: (i) All of its representations, warranties, covenants and agreements under Seller/Servicer’s Purchase Documents including, without limitation, any repurchase or indemnification agreements applicable to any eMortgage sold hereunder, and (ii) The eNote transfer warranties set forth in Section 1402.3(c)(vii) Note: Endorsements are not applicable for eNotes because eNotes are Transferable Records under UETA and E-SIGN and not subject to the UCC endorsement requirements applicable to paper promissory notes and other negotiable instruments. (vi) Title insurance requirements Each eMortgage must be insured by a lender’s title insurance policy that complies with the requirements of Section 4702.2. (vii)eNote (negotiable instrument) transfer warranties Despite the transfer warranties or anything else contained in Section 3-416 of Article 3 of the UCC, the Seller/Servicer, as transferor of each eNote transferred to Freddie Mac for consideration, represents and warrants to, and agrees and covenants with, Freddie Mac, as transferee, and to Freddie Mac’s successors and/or assigns, as successor transferees, that: ■ Each eNote is maintained in an eNote Vault System that satisfies the requirements of: ❑ Section 16(b) and (c) of the UETA ❑ Section 201(b) and (c) of E-SIGN; and ❑ eNote Vault System requirements specified in this chapter ■ The transferor is duly authorized to transfer each eNote ■ The transferor is a person or an organization entitled to enforce each eNote ■ All Electronic Signatures attached to or logically associated with each eNote, and in connection with any prior authorization to transfer, are authentic, authorized, genuine and enforceable against the party purporting to have electronically signed the eNote ■ Each eNote has not been altered since it was executed by the Borrower ■ Each eNote is not subject to a defense or a claim of recoupment of any party that can be asserted against the transferor Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-30 ■ The transferor has no knowledge of any insolvency proceeding commenced or threatened with respect to the Borrower on each eNote; and ■ Each eNote has at all times been maintained by a person identified as the Holder: (a) to whom the eNote was issued or transferred; and (b) asserting Control of the eNote, or that Holder’s designated custodian Freddie Mac and any successor transferee accepting a Transfer of Control and Location of the eNotes sold hereunder in good faith may recover from the Seller/Servicer (as transferor) damages for breach of any of the representations, warranties, agreements and covenants set forth in this Section 1402.3(c)(vii), in an amount equal to the loss suffered as a result of the breach, but not more than the unpaid principal balance of the applicable eNote at the time of any such breach, plus expenses, loss of interest, and other amounts secured by the related eMortgage that are incurred as a result of the breach. The foregoing is not in limitation of any remedies of Freddie Mac contained in other chapters of the Guide or available under applicable law. The Seller/Servicer and Freddie Mac agree that under no circumstances shall the transfer warranties or any conditions precedent to enforcement of such transfer warranties contained in Section 3-416 of Article 3 of the UCC (or in the UCC as enacted in the State in which the Mortgaged Premises is located) apply to eNotes sold to Freddie Mac. (viii)eMortgage representations, warranties and covenants In addition to making all applicable representations and warranties elsewhere in the Guide and in the Seller/Servicer’s other Purchase Documents, the Seller/Servicer further represents and warrants to, and agrees and covenants with, Freddie Mac, with respect to each and every eMortgage (both Retail Mortgages and Wholesale Home Mortgages) sold to Freddie Mac, that: ■ All Borrowers electronically signed an Electronic consent form (“Consumer Consent Form”) in advance of being presented with any Electronic Record to be electronically signed ■ The eNote and other Electronic Mortgage documents, the Systems and Processes used to create, register, transfer, store, retrieve, maintain and secure these documents, and the Electronic Signature Process used by Borrower to electronically sign these documents comply with: ❑ Seller/Servicer’s Purchase Documents Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-31 ❑ E-SIGN and/or the UETA, as enacted by the applicable jurisdiction, including, without limitation, Section 201 of Title II of E-SIGN and Section 16 of UETA; and ❑ All other applicable laws, regulations and rules ■ The Electronic Record identified as an eNote is a Transferable Record and is a valid, Version 1.02 MISMO Category 1 SMART Document ■ All required disclosures under applicable law, were provided to the Borrower either on paper or electronically. If the disclosures were provided electronically, then they were provided after the Borrower was presented with and executed the Consumer Consent Form ■ Each eMortgage was originated using the same credit, collateral and underwriting requirements applicable to identical paper Mortgages ■ Each eNote is registered with the MERS® eRegistry; and ■ No eMortgage was funded at loan closing by the proceeds from the sale of such eMortgage to Freddie Mac. (d) Use of eMortgage Warehouse Lender This Section 1402.3(d) supplements and amends Chapter 6305 by setting forth the following requirements for Seller/Servicers and their Warehouse Lenders with respect to eMortgages: ■ A Freddie Mac-approved Seller/Servicer that is also approved by Freddie Mac to originate and sell eMortgages to Freddie Mac, may enter into an eMortgage Warehousing Agreement with Freddie Mac-approved eMortgage Warehouse Lenders to facilitate the closing or purchase of eMortgages, and may grant the Warehouse Lender a lien, interest and/or security interest in such eMortgages and related eNote. ■ If a Seller/Servicer wishes to use Warehouse Lenders that are not Freddie Mac-approved eMortgage Warehouse Lenders, the Warehouse Lender must complete the process described in Section 1402.6(a) to obtain Freddie Mac approval, before Seller/Servicer can deliver and sell any Pledged eMortgages to Freddie Mac ■ The requirements applicable to Seller/Servicers and Warehouse Lenders for the delivery of Pledged eMortgages are set forth in Section 1402.6 Note: A list of approved Warehouse Lenders is available at https://sf.freddiemac.com/working-with-us/electronic-loan-documents/emortgage-enote- warehouse-lenders) (e) Post purchase support Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-32 A Seller/Servicer that creates, stores or transfers an eNote purchased by Freddie Mac must cooperate with Freddie Mac in all activities necessary to enforce the Security Instrument and eNote. Promptly upon request by Freddie Mac, the Seller/Servicer must provide or, if applicable, cause its third-party System Provider to provide to Freddie Mac an affidavit or certification regarding the creation and/or maintenance of the eNote, other Electronic Records in the Mortgage file and other Custodial Documents in connection with the eMortgage. The affidavit or certification must be in a form appropriate to ensure admissibility of the eNote, other Electronic Records in the Mortgage file and other Custodial Documents in a legal proceeding and must include, among other things: 1. A description of how the executed eNote and other Electronic Records have been stored to prevent against unauthorized access and unauthorized Alteration and a description of how the System can detect such unauthorized access or Alteration 2. A description of the System controls in place to ensure compliance with E-SIGN and the UETA, including, without limitation, Section 201 of Title II of E-SIGN and Section 16 of UETA 3. A description of the steps followed by a Borrower to execute the eNote or other Electronic Record using the eClosing System 4. A copy of each screen, as it would have appeared to the Borrower, of the eNote or other Electronic Record that Freddie Mac is trying to enforce when the Borrower signed the eNote or other Electronic Record 5. A description of the System controls in place at the time of signing to ensure the integrity of the data; and 6. Testimony by an authorized official or employee of the Seller/Servicer and/or System Provider and/or Correspondent or Mortgage Broker to support admission of the eNote and other Electronic Records into legal proceeding to defend and enforce the eMortgage

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