Freddie Mac Single-Family Seller/Servicer Guide §4101.2 — Home Mortgage Uniform Instruments (02/04/26)
Freddie Mac Guide §4101.2 (Home Mortgage Uniform Instruments). Gap-fill (verbatim, ID-diff).
Verbatim regulatory text
Verbatim provisions from Freddie Mac Single-Family Seller/Servicer Guide §4101.2 — Home Mortgage Uniform Instruments (02/04/26) — 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.
Freddie Mac Guide 4101.2
(02/04/26) This section contains requirements related to: ■ Use of Uniform Instruments ■ Additional Mortgage documentation ■ Mortgage instruments for ARMs (a) Use of Uniform Instruments The Security Instrument and Note must be executed on the Uniform Instruments (1-4 Family) for the jurisdiction where the Mortgaged Premises is located. The Uniform Instruments used for a Mortgage must be the versions current as of the Mortgage Note Date. See Exhibit 4A, Single-Family Uniform Instruments, for the current dates of revisions of all Uniform Instruments. For any Mortgage secured by one of the following types of property, Freddie Mac requires both: ■ The single-family Fannie Mae/Freddie Mac Uniform Security Instrument for the jurisdiction where the Mortgaged Premises is located, and ■ One of the following types of riders, as applicable: Required riders by property type Property Type Form Condominium Unit Condominium Rider Form 3140 Planned Unit Development (PUD) unit Planned Unit Development Rider Form 3150 1- to 4-unit Investment Property 1- to 4-Family Rider Form 3170 2- to 4-unit Primary Residence 1- to 4-Family Rider Form 3170
Freddie Mac Guide 4101.2
101-4 Required riders by property type Property Type Form Second home Second Home Rider Form 3890 (b) Additional Mortgage documentation In addition to the Uniform Instruments required by this Section 4101.2, certain Mortgage products have additional loan documentation requirements stated elsewhere in the Guide as follows: Additional loan documentation requirements by product Guide provision Guide location Texas Equity Section 50(a)(6) Mortgages Section 4301.7 Seller-Owned Converted Mortgages Section 4402.3 Mortgages secured by Manufactured Homes Sections 5703.4(c) and 5703.4(d) Construction to Permanent Mortgages and Renovation Mortgages Chapter 4602 Government Funded, Guaranteed or Insured Mortgages Chapter 4205 Community Land Trust Mortgages Chapter 4502 (c) Mortgage instruments for ARMs When closing ARMs, the Uniform Instruments used must be based on the applicable ARM product. Below are the required instruments and instructions for completing them. (i) Required ARM Uniform Instruments ARMs must be closed using the Uniform Instruments for the applicable ARM product, consisting of: ■ ARM Note and ARM rider – The Seller must use the most current version of the ARM Note and ARM rider.
Freddie Mac Guide 4101.2
101-5 The most current version of the Uniform Instruments is the version in effect as of the Note Date of the Mortgage. See Exhibit 4A for the current dates of revisions of all Uniform Instruments. See Exhibit 5A, Authorized Changes to Notes, Riders, Security Instruments and the Uniform Residential Loan Application, for authorized changes to the Uniform Instruments. The ARM Note and ARM rider must be completed in accordance with the terms of the applicable ARM product. See Section 4101.2(c)(iii) for instructions for completion of Section 4(D) of an ARM Note. ■ Fannie Mae/Freddie Mac Security Instrument – The Seller must use the most current version of the State-specific Fannie Mae/
Freddie Mac Guide 4101.2
Family Security Instrument prepared for use in the jurisdiction in which the Mortgaged Premises is located and the most current version of any applicable property type riders. For certain ARM products, State-specific versions of the ARM Note have been prepared for Alaska, Florida, New Hampshire, Puerto Rico, Vermont, Virginia, West Virginia and Wisconsin. If a State-specific version of an ARM Note has been prepared, it must be used for ARMs secured by Mortgaged Premises located in that State. The multistate version of the ARM Note, with the required changes stated in Exhibit 5A, must be used in all other States. Freddie Mac makes available Uniform Instruments for use with ARM products with various features. The Uniform Instruments have the following features embedded in the form itself (hard- coded): ■ Index ■ Lookback Period ■ Assumability The Uniform Instruments have blanks to be completed by the Seller for the following features (soft-coded): ■ Maturity Date (determines the term) ■ First Interest Change Date (determined by the Initial Period) ■ Maximum interest rate at the first Interest Change Date (determined by the Initial Cap) ■ Maximum increase or decrease in the interest rate at each adjustment after the first Interest Change Date (Periodic Cap); the Periodic Cap is hard-coded 1% for 30-day
Freddie Mac Guide 4101.2
101-6 Average SOFR Index (SOFR)-indexed Assumable Life of Loan and Assumable after Initial Period with 45-day Lookback Period ■ Maximum interest rate for the life of the loan (Lifetime Ceiling, determined by the Life Cap) ■ Minimum interest rate for the life of the loan (Lifetime Floor, which must equal the Margin stated in the Note) In determining which Uniform Instrument to use with each ARM product, the Seller must select the form with the applicable hard-coded information and complete the soft- coded information as appropriate. Because many of the features of an ARM product are soft-coded, the same Uniform Instrument may be used for different ARM products. The 6-Month SOFR-indexed ARM Note and rider may be used with a 3/6-Month, 5/6- Month, 7/6-Month, and 10/6-Month SOFR-indexed ARM with the same Lookback Period and assumability period. The Uniform Instruments may be used for ARM products that do not meet the eligibility requirements for sale to Freddie Mac. Freddie Mac encourages the Seller to use Uniform Instruments, if available, for originating ARM loans even if the ARM product is not eligible for sale. The following table describe the Uniform Instruments available for different hard-coded features for ARM products: Uniform Instruments for 6-Month SOFR-indexed ARM products by assumability period Assumability period Rider Note Assumable for life of loan 3141* 3441* Assumable after Initial Period 3142* 3442* Lookback = 45 Days Preceding the Interest Change Date *Hard-coded with a 1% Periodic Cap All ARM Uniform Instruments are available on Freddie Mac’s website at https://sf.freddiemac.com/tools-learning/uniform-instruments/overview.
Freddie Mac Guide 4101.2
101-7 (ii) Use of Fannie Mae ARM instruments The Seller may use Fannie Mae’s ARM instruments only in accordance with the provisions of this subparagraph. The Seller must consult its own legal counsel when using a Fannie Mae instrument for a particular Freddie Mac ARM product. The Seller originating ARMs on Fannie Mae instruments represents and warrants that the Fannie Mae instrument, when completed, is appropriate for the applicable Freddie Mac ARM product and can be serviced in accordance with the Guide. (iii) Instructions for completing Section 4(D) of an ARM Note The Seller must complete Section 4(D), Limits on Interest Rate Changes, of an ARM Note as follows: 1. Insert in the first blank of the first sentence, referring to the Initial Cap (the maximum interest rate on the first Interest Change Date), the interest rate that is equal to the sum of the initial Note Rate for the Mortgage, plus the applicable Initial Cap for that ARM program 2. Insert in the second blank of the first sentence, referring to the minimum interest rate on the first Interest Change Date, the interest rate that is equal to the initial Note Rate for the Mortgage, minus the applicable Initial Cap. If this difference is less than the Margin stated in the Note, insert the value of the Margin. 3. Insert in the first blank in the last sentence, referring to the Lifetime Ceiling (the maximum interest rate during the life of the Mortgage), the initial Note Rate plus the applicable Life Cap for that ARM product 4. In the second blank in the last sentence, referring to the Lifetime Floor (the minimum interest rate during the life of the Mortgage), insert the Margin stated in the Note
Freddie Mac Guide 4101.2
Master Form and Short Form Security Instruments (03/05/25) This section contains requirements related to: ■ Master Form and Short Form Security Instruments ■ Instructions for use of Master Form Security Instrument; Short Form Security Instrument
Freddie Mac Guide 4101.2
101-8 (a) Master Form and Short Form Security Instruments Certain States have statutes that allow originating lenders to record a Master Form Security Instrument in a given county and then to record a Short Form Security Instrument for each subsequent Mortgage originated and recorded in that county. The Short Form Security Instrument contains the loan-specific information (e.g., Borrower name, lender name, loan amount, description of property) and identifies the provisions of the Master Form Security Instrument that are being incorporated into the Short Form Security Instrument. The State-specific Fannie Mae/Freddie Mac Uniform Master Form Security Instrument and Short Form Security Instrument are available from Freddie Mac’s website at https://sf.freddiemac.com/tools-learning/uniform-instruments/2021-updated- instruments. See Exhibit 4A, Single-Family Uniform Instruments, for the list of currently available Master Form Security Instruments and Short Form Security Instruments and the current dates of these instruments. Freddie Mac will purchase Mortgages originated on a Short Form Security Instrument provided the requirements stated in this Section 4101.3 are satisfied. The Seller must not use or record a Short Form Security Instrument unless it has already recorded a Master Form Security Instrument in the recorder’s office serving the recording jurisdiction in which the Mortgaged Premises is located. In North Carolina, a Master Form may not be recorded in certain designated counties stated in the North Carolina statute. A copy of the recorded Master Form Security Instrument must be provided to the Borrower. (i) Master Form Security Instrument The Master Form Security Instrument is the Master Form Mortgage or Deed of Trust that is permitted under certain State statutes to be recorded by originating lenders in a given recording jurisdiction in the State. The Master Form Security Instrument for each State (with the exception of Ohio) consists of: ■ A title page (the name of the title page differs in different States), which contains the information required under the State statute to record the Master Form Security Instrument in that State and ■ The current Fannie Mae/Freddie Mac Uniform Security Instrument for that State In Ohio, there is no title page; the Master Form Security Instrument is the current Fannie Mae/Freddie Mac Ohio Mortgage with the required Master Form information provided on the first page of the Ohio Mortgage form itself. (ii) Short Form Security Instrument
Freddie Mac Guide 4101.2
101-9 The Short Form Security Instrument is the Mortgage or Deed of Trust recorded for each individual Mortgage made and recorded in the recording jurisdiction where the Master Form Security Instrument is recorded. The Short Form Security Instrument contains loan-specific information and incorporates by reference the provisions of the previously recorded Master Form Security Instrument. A Seller must not use or record a Short Form Security Instrument unless the Seller has already recorded a Master Form Security Instrument in the recorder’s office serving the recording jurisdiction in which the Mortgaged Premises is located. (b) Instructions for use of Master Form Security Instrument; Short Form Security Instrument (i) Master Form Security Instrument The Seller must: 1. Complete the title page by inserting the names and relevant information in the applicable places and have the title page signed and acknowledged, if required 2. Attach the title page to the front of the current Security Instrument for the State 3. Record the title page and Security Instrument together in the recorder’s office serving the recording jurisdiction(s) in which the Seller anticipates subsequently recording Short Form Security Instruments 4. In Ohio, complete the information in the box at the top of the first page of the Master Mortgage Form by inserting the names and relevant information in the applicable places and have the first page signed in the box at the top of the first page. Do not complete information outside of the box other than “Return to” information. The Security Instrument to which the title page is attached (or, in Ohio, on which the Master Form information is provided) should not have any information completed and should not be signed or acknowledged. In the event Freddie Mac revises the Uniform Security Instrument for the applicable State, the Seller must record the revised Master Form Security Instrument in all applicable local recording offices. The previously recorded Master Form Security Instrument must not be released or superseded. Mortgages originated after the effective date of a revised Uniform Security Instrument must be originated using a Short Form Security Instrument that references the new recorded Master Form Security Instrument.
Freddie Mac Guide 4101.2
101-10 (ii) Short Form Security Instrument The Seller must: 1. Insert the recording information from the Master Form Security Instrument in the first paragraph of the “Definitions” section. (The recording information must be that of the Master Form Security Instrument that was recorded in the recording jurisdiction in which the Mortgaged Premises is located.) 2. Insert information for all blank spaces in the “Definitions” section 3. Check the applicable Rider boxes 4. Insert the property description information 5. Provide the Borrower with an exact copy of the recorded Master Form Security Instrument (the completed title page with recordation information and the applicable current Fannie Mae/Freddie Mac Uniform Security Instrument for the State) 6. Arrange for the Short Form Security Instrument to be executed by the Borrower(s) and acknowledged 7. Arrange for any applicable Riders to be executed by the Borrower(s). In Pennsylvania, attach a copy of the Fannie Mae/Freddie Mac Pennsylvania Uniform Mortgage under the caption: “General Provisions Incorporated by Reference and Not to be Recorded with this Document” after the Rider(s), if any. 8. Record the Short Form Security Instrument and any applicable Riders in the recorder’s office serving the recording jurisdiction in which the Mortgaged Premises is located