Freddie Mac Single-Family Seller/Servicer Guide §6301.4 — Completion and substitution of delivery (02/04/26)
Freddie Mac Guide §6301.4 (Completion and substitution of delivery). Gap-fill (verbatim, ID-diff).
Verbatim regulatory text
Verbatim provisions from Freddie Mac Single-Family Seller/Servicer Guide §6301.4 — Completion and substitution of delivery (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 6301.4
(02/04/26) This section contains requirements related to: ■ Completion of delivery ■ Mortgage substitutions (a) Completion of delivery Settlement cannot occur until delivery is complete. Delivery is considered complete when: ■ All loan data, other information and documentation required by the Purchase Documents are delivered to and accepted by Freddie Mac. If the Mortgage is registered on the MERS® System, the Seller/Servicer must, in addition to any requirements set forth in the MERS Governing Documents: ❑ Register such Mortgages with MERS prior to loan delivery to Freddie Mac, ❑ Supply the MIN for Mortgages registered with MERS at the time of delivery, and ❑ Indicate the MIN on the Security Instrument and related documents, regardless of whether the Seller/Servicer retains the documents or sends them to the Document Custodian Note: For further information on MERS, refer to Exhibit 5A, Authorized Changes to Notes, Riders, Security Instruments and the Uniform Residential Loan Application. ■ The Notes and all other required documentation are delivered to and certified by the Document Custodian. The Seller/Servicer must provide the Document Custodian with sufficient information so that if there is a Subsequent Transfer of Servicing, the Transferor Servicer and Freddie Mac can determine whether a Mortgage that is included in such Subsequent Transfer of Servicing is registered with MERS at the time of the transfer, as required by Section 7101.4(c). Prior to certification, the Seller must identify and track the Notes and other loan documents on its system as Mortgages to be sold to Freddie Mac. In addition, Freddie Mac may require that, at the Seller’s expense, the Freddie Mac loan number be affixed to the face of each Note.
Freddie Mac Guide 6301.4
301-12 (i) Settlement timing and conditions If the Seller does not complete its Guarantor or MultiLender Swap delivery by 8:00 PM Eastern Time on the day immediately preceding the scheduled Settlement Date, Freddie Mac has the right, in its sole discretion, to cancel or postpone the settlement or funding until delivery has been completed. For information regarding pair-off of Cash contracts, see Section 6401.1. The Seller indemnifies and holds Freddie Mac, its directors, officers, employees, successors, assigns and fiscal and transfer agents harmless from and against any and all losses, damages, claims, demands, actions, suits or liabilities, joint or several, to which Freddie Mac may become subject and shall reimburse Freddie Mac for any legal or other expenses reasonably incurred by Freddie Mac in connection with any losses, damages, claims, demands, suits, liabilities or actions with respect to Freddie Mac’s cancelation or postponement of any settlement or funding insofar as such losses, claims, damages, demands, suits, liabilities or actions arise out of or are based upon Freddie Mac’s cancelation or postponement of a settlement or funding. (ii) Delivery and certification requirements The Document Custodian eligibility and contract requirements of Sections 2202.1(b) and 2202.2 must be met, in addition to the following requirements: ■ The Document Custodian must have received and certified, as required by Sections 6304.2 and 6304.3, the following: ❑ Form 1034E, Custodial Certification Schedule, or the “Note Delivery Cover Sheet” Note: Form 1034E and the Note Delivery Cover Sheet are available only through Loan Selling Advisor®, and the Seller is not required to maintain a copy. ❑ For each Mortgage, the original Note, endorsed as required by Section 6301.2(a), along with the originals of any addenda or other modifying instruments to the Note ❑ Any documentation, if applicable, indicating that the Mortgages were closed with MERS as original mortgagee of record ❑ The original assignments of the Security Instruments, prepared and completed as required by Section 6301.2(d), unless the Mortgages are registered with MERS and the Seller/Servicer has elected to retain all required assignments in the Mortgage files
Freddie Mac Guide 6301.4
301-13 The Seller/Servicer must supply its Document Custodian with any documentation necessary for the Document Custodian to determine if it should expect to receive assignments for MERS-registered Mortgages. If a recorder’s office has not yet returned a recorded Intervening Assignment to the Seller/Servicer, the Seller/Servicer must deliver a certified copy of the assignment sent for recordation to the Document Custodian. The original recorded assignment must be delivered to the Document Custodian immediately after the Seller/Servicer receives it from the recorder’s office. If a jurisdiction does not accept assignments for recordation, the Seller/Servicer must so indicate in an affidavit delivered to the Document Custodian with the unrecorded Intervening Assignment. ❑ The following documents, if applicable: 1. The original Freddie Mac Multistate Agreement to Convert, Form 3180 2. The original assumption agreement 3. The original addendum 4. The original or a certified copy of the power of attorney, if original is sent for recordation 5. The original, or a certified copy if the original is sent for recordation, of the Multistate Loan Modification Agreement (to a Fixed Interest Rate), Form 5161, or comparable modification agreement that complies with the Guide 6. The original or a certified copy of Form 3172, New York Consolidation, Extension and Modification Agreement (NY CEMA), if original was sent for recordation. Note: See Section 4101.11 for additional documentation delivery requirements for Mortgages originated using a NY CEMA. 7. For a modified Construction to Permanent Mortgage or a Renovation Mortgage, the original, or a certified copy if the original is sent for recordation, of the Construction to Permanent Modification Agreement ❑ Any other documentation that Freddie Mac, in its discretion, may require ■ Freddie Mac’s Mortgage Purchase Department (see Directory 8) must receive the following by the Delivery Date:
Freddie Mac Guide 6301.4
301-14 ❑ For Pledged Mortgages: the forms required by Sections 6305.2(b), 6305.3(a) and 6305.3(b) ❑ Any other documentation that Freddie Mac, in its discretion, may require ■ Freddie Mac (see Directory 9) must have received any other documentation that Freddie Mac, in its discretion, may require (iii)Additional Seller, Servicer and Document Custodian responsibilities Prior to or immediately after settlement, the Seller must enter the Freddie Mac loan numbers assigned to the Mortgages into the Seller’s system and associate such numbers with the Mortgages so that Seller can identify, track and service the Mortgages for Freddie Mac. If there is a Concurrent Transfer of Servicing, the Transferee Servicer must enter the Freddie Mac loan numbers assigned to the Mortgages by Freddie Mac into the Transferee Servicer’s computerized servicing system and associate such numbers with the Mortgages so that the Transferee Servicer may identify, track and service the Mortgages for Freddie Mac. For all Mortgages, the Seller, Servicer and Document Custodian must comply with all requirements in the Guide and other Purchase Documents. The Seller, Servicer, Document Custodian and/or their successors, assigns and transferees, as applicable, are fully responsible, on an ongoing basis, for the proper delivery, certification, identification and tracking of all Notes for Mortgages sold to Freddie Mac. (b) Mortgage substitutions To substitute a Mortgage for another Mortgage previously delivered to Freddie Mac for sale, as permitted or required by Freddie Mac, the Seller must submit the documents required by Section 6301.4(a). Upon confirmation of Freddie Mac’s acceptance of a substitute Mortgage, the Seller/Servicer may obtain the Note and related documents for the previously delivered Mortgage from the Document Custodian in accordance with Section 8107.2(c). If Freddie Mac requires substitution for a Mortgage, the Seller will deliver a Mortgage that meets all of the requirements of the Purchase Documents and has an outstanding principal balance that enables the Seller to fulfill the contract commitment amount. The Seller can change the terms of the contract to increase the commitment amount by executing a contract change request; the Seller will be required to pay a fee if Freddie Mac deems it necessary. The Seller will be required to pay Freddie Mac any differential between the outstanding
Freddie Mac Guide 6301.4
301-15 principal balance of the Mortgage being purchased by Freddie Mac and the Mortgage for which it is being substituted. The Seller must deliver such substitute Mortgage by the contract Due Date. If a substitute Mortgage has a different Note Rate from that of the previously delivered Mortgage, it must be within the Note Rate range established for the contract.
Freddie Mac Guide 6301.4
Purchase, settlement and postsettlement adjustments procedures (12/03/25) This section contains requirements related to: ■ Purchase and settlement procedures ■ Postsettlement purchase adjustments (a) Purchase and settlement procedures (i) Preparation of Form 15/A/C, Loan Purchase Statement After reviewing the submitted Mortgages, Freddie Mac will generate Form 15/A/C, Loan Purchase Statement, which will summarize the pertinent data and will include a computation of the amount to be funded to the Seller. Depending on the type of purchase, Freddie Mac will generate one of the following forms: ■ Loan Purchase Statement for Cash sales ■ Form 15A for fixed-rate Guarantor ■ Form 15C for WAC ARM Guarantor (ii) Wire transfers Wire transfers made in connection with the purchase of Mortgages will be made only to the account of the Seller maintained with an eligible banking institution, such as: ■ A Federal Home Loan Bank, ■ A commercial bank, or ■ A Federal Reserve Bank
Freddie Mac Guide 6301.4
301-16 The Seller may maintain an account with the Federal Reserve Bank for clearing checks only or for receiving and disbursing of wire transfers. Before instructing Freddie Mac to make a wire transfer to an account at a Federal Reserve Bank, the Seller must ensure: ■ The account is eligible to receive direct wire transfers, and ■ The Seller has submitted to Freddie Mac, as applicable, an approved Form 988SF, Certificate of Incumbency for a Bank, Savings Bank, Savings and Loan Association, Credit Union, Corporation or Limited Liability Company, or Form 989SF, Certificate of Incumbency for Limited Partnerships, that designates employees who are authorized to provide Freddie Mac with instructions (or to modify instructions) to transfer funds or securities on the Seller’s behalf in connection with the sale of Mortgages to Freddie Mac See Chapter 6305 regarding wire transfer instructions for the purchase by Freddie Mac of Mortgages subject to financing arrangements with Warehouse Lenders. Freddie Mac will not wire transfer funds for the credit of a Servicing Agent. (b) Postsettlement purchase adjustments Generally, purchase balances cannot be adjusted after settlement because the Mortgages have been pooled for resale. After settlement and before pooling has taken place, however, it may be possible to adjust a purchase balance. If the Seller has any question regarding purchase balances before funding, the Seller should contact 800-FREDDIE immediately. Thereafter, any questions must be directed to the Seller’s accounting representative at Freddie Mac (see Directory 8).
Freddie Mac Guide 6301.4
Organization of delivery instructions for ULDD Data Points (02/04/26) In addition to complying with the document delivery requirements set forth in Chapter 6301, Mortgages sold to Freddie Mac must comply with the delivery requirements of this chapter. ■ General data and documentation delivery requirements ■ Organization of data delivery requirements ■ Relationship between this chapter and Appendix A ■ Other delivery instructions in this chapter ■ Seller’s warranties regarding accuracy of data The following sections of this chapter describe the data that must be provided by the Seller in connection with Mortgages sold to Freddie Mac. The data delivery instructions set forth in this chapter are consistent with the data requirements for the Uniform Loan Delivery Dataset (ULDD). The technical document for implementing Freddie Mac’s loan data delivery requirements for the ULDD is the Freddie Mac Implementation Guide for Loan Delivery Data (“Freddie Mac IG-LD”), which includes, among other resources: ■ Appendix A, XML Data Requirements (“Appendix A”), which details the subset of loan delivery data points specified in the MISMO® Version 3.0 Reference Model (“MISMO v3.0”) that is used for the ULDD ■ Appendix A Addendum (“ULDD Addendum”), which sets forth corrections to the data contained in Appendix A and amends Appendix A, as published For purposes of this chapter, references to Appendix A include the changes specified in the Appendix A Addendum. The Freddie Mac IG-LD, Appendix A and the other technical documentation relating to implementing the ULDD are found under the Technical Resources tab on the ULDD page at: https://sf.freddiemac.com/tools-learning/uniform-mortgage-data-program/uldd#technical- resources. Appendix G now contains Document Versions 1-4 of the Implementation Guide for Loan Delivery Data (Phases 1 through 3) Appendix D - Freddie Mac XML Data Requirements Reference Tool.
Freddie Mac Guide 6301.4
302-2 (a) General data and documentation delivery requirements (i) Effective dates of Mortgage data delivery requirements For Mortgages delivered to Freddie Mac, the Seller must comply with the requirements for Mortgage data as applicable to the Application Received Dates and Delivery Dates specified in the table below: Mortgage Data Requirements According to Mortgage Application Received Date Application Received Date Delivery Date Mortgage Data Requirements On or after January 1, 2023 On or after May 22, 2023 The Seller must provide the applicable Mortgage data required for Phase 4a implementation specified in Appendix A on the “Phase 4a Complete” tab. On or after March 3, 2025 On or after July 28, 2025 The Seller must provide the applicable Mortgage data required for Phase 5 implementation specified in Appendix A on the “Phase 5 Complete” tab. (ii) Data delivered in MISMO v3.0 format The Mortgage data must be delivered in the MISMO v3.0 format pursuant to the guidance in the Freddie Mac IG-LD. (iii) Documentation of delivery requirements The documentation that the Seller must deliver for all Mortgages includes the delivery of Note(s) as described in Section 6304.2 and wire transfer instructions, if applicable, as described in Sections 2201.2, 6203.3(c), 6204.3(c), 6205.3(c), 6305.3(a) and 6305.3(b). (iv) Timing of delivering data and documentation For each Mortgage sold to Freddie Mac, the Seller must deliver all Mortgage data and documentation required by this chapter and other applicable sections of the Purchase Documents prior to: ■ The Purchase Contract Expiration Date for Mortgages sold under the Cash program; or ■ The Final Delivery Date for Mortgages sold under the Guarantor or MultiLender Swap program (b) Organization of data delivery requirements The data delivery instructions set forth in this chapter are grouped by the following general topics:
Freddie Mac Guide 6301.4
302-3 ■ Mortgages sold under the Cash, Guarantor and MultiLender Swap programs (Sections 6302.2 through 6302.4) ■ All Mortgage Products sold to Freddie Mac (Section 6302.5) ■ The specific attributes of fixed-rate Mortgages and ARMs (Sections 6302.6 and 6302.7) ■ The property and Borrower information that is required for each Mortgage (Sections 6302.8 through 6302.9) ■ The underwriting information required for each Mortgage (Sections 6302.10 and 6302.11) ■ Mortgages with specific characteristics that require singular delivery instructions (Section 6302.12 et seq.) The data delivery instructions are presented throughout this chapter in a tabular format, and include the following information: ■ The column titled “Sort ID” refers to the ID number used in Appendix A for the particular ULDD Data Point ■ The column titled “ULDD Data Point” sets forth the MISMO Data Point used in Appendix A ■ The column titled “Valid Value” sets forth the Freddie Mac supported enumerations specified in Appendix A that are applicable to the Mortgages described in the table. If a value must be selected for a ULDD Data Point, all permissible values are listed in the “Valid Values” column. If there are no valid values specified for a particular ULDD Data Point, the Seller should refer to the “Notes” for specific instructions on completing the “ULDD Data Point” field. ■ The column titled “Notes” provides specific delivery instructions for the ULDD Data Point that are consistent with the Implementation Notes set forth in Appendix A. If there are no notes for a particular ULDD Data Point, the Seller should enter the appropriate data based on the data point name and definition. ■ The column headers are followed by rows that map the listed data points to Loan Selling Advisor® graphical user interface (GUI) screen headings and sections. The rows below the column headers identify the data location in the named section of Loan Selling Advisor. The arrows represent the level in the GUI where the data point resides.