Freddie Mac Single-Family Seller/Servicer Guide 2202.3 — Document Custodian duties and responsibilities

Freddie Mac Single-Family Seller/Servicer Guide 2202.3 — Document Custodian duties and responsibilities

Effective 2025-12-17 · Freddie Mac's stamp for this section

This section contains requirements related to: ■ Document Custodian duties to Freddie Mac ■ Seller/Servicer and the Document Custodian (a) Document Custodian duties to Freddie Mac Document Custodian covenants to Freddie Mac that it will: 1. Maintain physical custody of all Mortgage documents delivered including: ■ Original paper Notes, ■ Addendums, riders, assignments, ■ Powers of attorney and modification agreements, and ■ For Cooperative Share Loans, the documents listed in Section 6304.2(b) Such documents include any copies provided to the Document Custodian in trust for the benefit of Freddie Mac. Examples: ■ Original executed paper document (other than a Note) – electronically recorded: ❑ The Seller/Servicer must deliver the original executed paper document and a paper copy of such electronically recorded document (showing its recordation information), and ❑ The Document Custodian will maintain such original executed paper document and such paper copy of the electronically recorded original paper document ■ Electronically created document (other than a Note) – electronically recorded: ❑ The Seller/Servicer must deliver a paper copy of such electronically recorded document (containing its recordation information), and ❑ The Document Custodian will maintain such paper copy of the electronically recorded Electronic (as defined in Section 1401.1(b)) document ■ Electronically created document (other than a Note) – not required by State law to be recorded: ❑ The Seller/Servicer must deliver a paper copy of the unrecorded electronically created document, certified by the Seller/Servicer as a true and correct copy, and ❑ The Document Custodian will maintain such certified paper copy of the document Note: See Sections 1401.3(d) and 1401.3(e) for Seller/Servicer delivery requirements pertaining to Electronic recording of closing and post-closing documents. 2. Make available for review by Freddie Mac or its designee, at any time during normal business hours, with or without prior notice: ■ Notes and assignments and the facilities in which they are stored, ■ Maintenance and release procedures, ■ Control and tracking systems, and ■ Other evidence of compliance with eligibility requirements as requested 3. Make the custodial staff available for interview by Freddie Mac or its designee at any time during normal business hours, with or without prior notice, for an assessment of the staff’s familiarity with and adherence to Freddie Mac’s custodial requirements and the Document Custodian’s internal controls 4. Indemnify Freddie Mac for such losses as may occur as a result of any negligence by the Document Custodian in the performance of its duties under the Guide and the Tri-Party Agreement pertaining to Freddie Mac Notes and assignments in the custody of the Document Custodian 5. Maintain physical custody of the Note and assignments, in trust, for the benefit of the Seller/Servicer in circumstances when the Document Custodian receives a completed and signed Form 1036, Request for Possession or Control of Documents, from the Seller/Servicer requesting constructive possession 6. Provide, in an electronic format acceptable to Freddie Mac, an accounting of all Notes and assignments, as described in Section 2202.1(b)(ii)(9), that the Document Custodian has in its physical custody: (i) In trust for the benefit of Freddie Mac, or (ii) In trust for the benefit of the Seller/Servicer when the Seller/Servicer has constructive possession of the Notes. 7. Consent and agree to conduct Electronic Transactions, as defined in Chapter 1401, with the Seller/Servicer and Freddie Mac in connection with its functions, duties and obligations under this section and Form 1035, Document Custodial Agreement: SingleFamily Mortgages 8. Adopt, as its signature and its Electronic Signature (as defined in Section 1401.1(b)), its Freddie Mac Document Custodian number and comply with the applicable requirements of Chapter 1401 as if each reference to the word “Seller/Servicer” were a reference to the words “Document Custodian” and/or “Designated Custodian,” as applicable Freddie Mac may, at any time, and in its sole discretion, require a Document Custodian to segregate the Notes and assignments that it maintains, in trust, for the benefit of Freddie Mac from those it maintains for other investors. The Document Custodian may not enter into any understanding, agreement or relationship with any party by which any such party would obtain, retain or claim any interest (including an ownership or security interest) in the Notes and any assignments or the underlying Mortgages, unless otherwise specifically and expressly approved by Freddie Mac in writing. If the Document Custodian’s facilities are affected by a disaster, the Document Custodian must promptly notify Freddie Mac (see Directory 9), but such notification shall occur no later than 24 hours after the discovery of such disaster, time being of the essence. (b) Seller/Servicer and the Document Custodian (i) Responsibility for documents and Document Custodian compliance The Seller/Servicer agrees to indemnify Freddie Mac and hold Freddie Mac harmless for any loss, damage or expense (including court costs and reasonable attorney fees) that Freddie Mac may incur as a result of the Seller/Servicer’s Document Custodian holding Notes and any other documents. The Servicer is responsible at all times for the original Note. If a Note is lost or destroyed, the Servicer must follow the procedures set forth in Section 8107.1(d). Exception: For all Document Custodians, except with respect to the Designated Custodians, the Seller/Servicer is responsible for verifying that its Document Custodian complies with all applicable Freddie Mac requirements regarding Note custody. Note: Freddie Mac’s Document Custody Procedures Handbook is located and available to Seller/Servicers and Document Custodians on the internet at AllRegs.com, or at https://sf.freddiemac.com/working-with-us/selling-delivery/delivery-optionspricing/document-custody. Seller/Servicers and Document Custodians will find this handbook to be a useful resource in fulfilling these requirements. (ii) Monitoring the eligibility status of the Document Custodian The Seller/Servicer is responsible for monitoring its Document Custodian for compliance with Freddie Mac’s Document Custodian eligibility requirements and must ensure that the Document Custodian complies with all eligibility requirements at all times, with the exception of: ■ The Designated Custodians, and ■ Certification and verification services performed outside of the United States by Document Custodians Freddie Mac will monitor the Designated Custodians and any activities of Document Custodians that Freddie Mac has contractually authorized to be conducted overseas. If, at any time, the Document Custodian (including a Designated Custodian) fails to comply with any eligibility requirement or violates a provision of the Guide or Tri-Party Agreement, the Seller/Servicer must contact Freddie Mac (see Directory 1) in writing within one day of the Seller/Servicer learning of the noncompliance. Freddie Mac, in its discretion, may allow the Seller/Servicer a period of time to work with its Document Custodian to ensure that the Document Custodian takes all necessary steps to meet the requirements. Freddie Mac reserves the right to immediately terminate a Tri-Party Agreement. Further, Freddie Mac may direct the Seller/Servicer to transfer the Notes to a Designated Custodian or a new Document Custodian pursuant to Sections 2202.1 through 2202.2 and transfer all Notes and assignments for Mortgages serviced for Freddie Mac from the previous Document Custodian to the new Document Custodian, pursuant to Section 2202.4(a). (iii)Transit insurance requirements Unless the Servicer has agreed with the Document Custodian in writing for the Document Custodian to assume liability for Notes and assignments while in transit, the Servicer must obtain insurance covering physical damage or destruction to, or loss of, any Notes and assignments while such documents are in transit between the Document Custodian’s vault and anywhere, regardless of the means by which they are transported. For the purpose of this insurance, Mortgage Notes are to be referred to as “Negotiable Instruments” as that term is defined in Section 3-104 of the model Uniform Commercial Code (UCC), promulgated by the National Conference of Commissioners on Uniform State Laws and enacted in the applicable State. (A) Minimum insurance coverage At a minimum, the required insurance coverage must: ■ Be underwritten by an insurer that has an A− (A minus) or better rating according to the A.M. Best Company, ■ Be maintained in amounts that are deemed adequate for the number of Notes and assignments held in custody and that are deemed appropriate based on prudent business practice, ■ Each have a deductible amount no more than the greater of 5% of the Seller/Servicer’s generally accepted accounting principles (GAAP) net worth or $100,000, but in no case greater than $10,000,000, and ■ Not exclude from coverage Negotiable Instruments that are, under Article 3 of the UCC, bearer paper (e.g., Notes with blank endorsements) with an endorsement that does not identify a payee (B) Coverage under parent’s insurance program If a Servicer is covered under its parent’s insurance program rather than by its own insurance: ■ The acceptable deductible amount for each insurance coverage may be no more than the greater of 5% of the parent’s GAAP net worth or $100,000, but in no case greater than $10,000,000, ■ The Servicer must be a named insured, and ■ The parent’s insurance policy(ies) must meet requirements as stated in Section 2202.3(b)(iii) In the event of cancelation or non-renewal of any of the required insurance coverages, the Servicer or the Servicer’s insurer, insurance broker or agent must provide Freddie Mac (see Directory 1) a minimum of 30 days advance written notice thereof. Freddie Mac’s insurance requirements as stated in this section do not diminish, restrict or otherwise limit the Servicer’s responsibilities and obligations as stated in the Tri-Party Agreement or otherwise in the Purchase Documents.

Source: Freddie Mac Single-Family Seller/Servicer Guide 2202.3 — Document Custodian duties and responsibilities · source URL · snapshot 4c94f67729042dd6