Freddie Mac Single-Family Seller/Servicer Guide Section 6304.1 — Custody of Notes and assignments
Freddie Mac Single-Family Seller/Servicer Guide Section 6304.1 — Custody of Notes and assignments.
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Verbatim provisions from Freddie Mac Single-Family Seller/Servicer Guide Section 6304.1 — Custody of Notes and assignments — 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 Single-Family Seller/Servicer Guide Section 6304.1 — Custody of Notes and assignments
6304.1: Custody of Notes and assignments (12/17/25) This section contains the requirements related to: ■ Delivery of original Notes ■ Definition and scope of Notes and assignments ■ Delivery instructions for Notes and assignments (a) Delivery of original Notes The Seller/Servicer selling Mortgages to Freddie Mac must deliver the original Notes for such Mortgages to a Document Custodian, which may be a Designated Custodian or another approved Document Custodian, chosen by the Seller/Servicer in accordance with the requirements of Sections 2202.1(b) and 2202.2. Freddie Mac does not accept duplicate Notes or corrected Notes. However, Freddie Mac may in special instructions, program announcements or individual Mortgage Purchase Contracts, require the Notes to be delivered to a Designated Custodian. For example, the Notes for Mortgages (other than eMortgages) sold through Cash-Released XChange® must be delivered to a Document Custodian listed in Exhibit 43, Cash-Released XChange® Document Custodians, as set forth in Section 2202.2(c). (b) Definition and scope of Notes and assignments For purposes of delivering Notes to a Document Custodian, the term “Note” includes the Note evidencing the indebtedness along with any power of attorney or any applicable modifying instrument, such as a modification, a conversion agreement or an assumption of indebtedness and release of liability agreement. The term “assignment” refers to the Intervening Assignment and to the instrument necessary to assign the Security Instrument to Freddie Mac, as described in Section 6301.2(d). (c) Delivery instructions for Notes and assignments When delivering Notes to the Document Custodian, the Seller/Servicer must also deliver all original assignments as described in Sections 6301.2(d)(i) through 6301.2(d)(iii), unless the Mortgage is registered with MERS® and the Seller/Servicer has elected to retain all assignments for MERS-registered Mortgages in the Mortgage files. Freddie Mac Single-Family Seller/Servicer Guide Chapter 6304 As of 12/17/25 Page 6304-2 If the Seller has so elected for MERS-registered Mortgages, the Seller/Servicer must provide its Document Custodian with documentation that will enable the Document Custodian to verify that the Seller/Servicer has elected to hold assignments in the Mortgage files for MERS-registered Mortgages. The following table indicates which Guide sections to reference for delivery instructions to the Document Custodian based on the type of Mortgage closing used: Instructions for delivery to the Document Custodian If the Seller/Servicer originates… Then… Mortgages using paper closing documents that have been electronically recorded in the recorder’s office See Section 1401.3(d) Mortgages using electronically created closing documents that have been electronically recorded in the recorder’s office See Section 1401.3(e) eMortgages See Section 1402.5(d) 6304.2: Delivery of Notes and assignments to a Document Custodian (12/03/25) This section contains requirements related to: ■ Delivery of Notes and assignments ■ Delivery of Notes and assignments for Cooperative Share Loans (a) Delivery of Notes and assignments In accordance with Section 6301.4(a), the Seller/Servicer must deliver the following items to the Document Custodian: ■ Form 1034E, Custodial Certification Schedule: The Seller/Servicer must deliver Form 1034E, or the Note Delivery Cover Sheet, to the Document Custodian. ■ Mortgage documents: For each Mortgage, the original Note (endorsed as required in Section 6301.2(a)), along with the originals of any riders or other modifying instruments to the Note. The information on the Note must match the information for the corresponding Mortgage in Loan Selling Advisor®. ■ Assignments: All original Intervening Assignments of the Security Instruments prepared and completed as required in Section 6301.2(d). Freddie Mac Single-Family Seller/Servicer Guide Chapter 6304 As of 12/17/25 Page 6304-3 (b) Delivery of Notes and assignments for Cooperative Share Loans For each Cooperative Share Loan, in addition to meeting the requirements of Section 6304.3(a), the Seller/Servicer must deliver the following to the Document Custodian: ■ Original stock certificate, membership certificate or other instrument or agreement of similar import that is commonly used and is valid and enforceable in the applicable jurisdiction and evidences the Shareholder’s ownership interest in the Cooperative Corporation, ■ Original stock power, executed in blank, ■ Original Proprietary Lease, occupancy agreement or other agreement of similar import that is commonly used and is valid and enforceable in the applicable jurisdiction, ■ Original assignment of Proprietary Lease executed in the name of Seller or blank, ■ A copy of recorded UCC-1 financing statements and renewal assignment statements, if applicable, with original filing stamp, ■ Original Form UCC-3 assigning interest to Freddie Mac in a form suitable for filing, but not filed, ■ Original security agreement, and ■ Original Recognition Agreement 6304.3: Document Custodian’s functions and duties upon receiving Notes and assignments (12/17/25) This section contains requirements related to: ■ Verifications ■ Certification process ■ Electronically recorded documents ■ Duties to Freddie Mac Freddie Mac Single-Family Seller/Servicer Guide Chapter 6304 As of 12/17/25 Page 6304-4 (a) Verifications (i) Verification of Notes and assignments Upon receiving the Notes and assignments from the Seller/Servicer for Mortgages delivered for purchase by Freddie Mac, the Document Custodian must verify and certify that the following requirements have been met: ■ Note: The information on each Note matches all corresponding loan data for the related Mortgage contained in Loan Selling Advisor®. The Document Custodian is not required to verify the Seller/Servicer number. ■ Note endorsement: Each Note is endorsed as required by Section 6301.2(a). If the Seller/Servicer delivering the Note is not the original payee on the Note, the Document Custodian must verify that the chain of endorsements is proper and complete from the original payee on the Note to the Seller delivering the Note to Freddie Mac (not to the Servicer). ■ Assignments: The assignments of the Security Instruments from the original Mortgagee to the Seller/Servicer or to MERS® are prepared, executed and recorded where required, in accordance with Sections 6301.2(d) and 7101.4(a). The Seller/Servicer must provide its Document Custodian with any documentation necessary for the Document Custodian to determine whether the Seller/Servicer has elected to retain physical custody of all assignments for Mortgages registered with MERS and store the assignments in the Mortgage files, as provided in Section 6301.2(d). (ii) Verification of Notes and assignments for Cooperative Share Loans For each Cooperative Share Loan, in addition to the requirements in Section 6304.3(a)(i), the Document Custodian must verify that the Seller has delivered to Document Custodian and has in its possession the following: ■ Original stock certificate, membership certificate or other instrument or agreement of similar import that is commonly used and is valid and enforceable in the applicable jurisdiction and evidences the Shareholder’s ownership interest in the Cooperative Corporation, ■ Original stock power, executed in blank, ■ Original Proprietary Lease, occupancy agreement or other agreement of similar import that is commonly used and is valid and enforceable in the applicable jurisdiction, ■ Original assignment of Proprietary Lease executed in the name of Seller or in blank, Freddie Mac Single-Family Seller/Servicer Guide Chapter 6304 As of 12/17/25 Page 6304-5 ■ A copy of recorded UCC-1 financing statements and renewal assignment statements, if applicable, with original filing stamp, ■ Original Form UCC-3 assigning interest to Freddie Mac in a form suitable for filing, but not filed, ■ Original security agreement, and ■ Original Recognition Agreement (b) Certification process The Document Custodian must comply with the applicable requirements of the Purchase Documents when certifying Mortgages delivered for purchase by Freddie Mac. Refer to the Document Custody Procedures Handbook for additional information. The Document Custodian must not execute the Custodian Certification for a Mortgage if any of the information on the related Note, required to be verified and certified, does not match the corresponding loan data for the related Mortgage in Loan Selling Advisor as set forth in Section 6304.3(a) or if any discrepancy is not sufficiently justified. The Document Custodian must notify the delivering Seller/Servicer of any error, omission or other discrepancy that requires corrective action. (c) Electronically recorded documents See Sections 1401.3(d) and 1401.3(e) for information and instructions regarding electronically recorded paper documents and/or electronically recorded Electronic (as that term is defined in Section 1401.1(b)) documents. (d) Duties to Freddie Mac Upon certification of the Notes, the Document Custodian must maintain physical custody of the Notes, any assignments, any power of attorney, any modification agreement and any other documents relating to the Mortgage, and, for Cooperative Share Loans, the documents listed in Section 6304.2(b), in trust, for the benefit of Freddie Mac. Note: See Sections 8107.2(b) and (c) for requirements related to the physical or constructive possession of the Note in connection with the Servicing of a Mortgage. Freddie Mac Single-Family Seller/Servicer Guide Chapter 6305 As of 04/08/26 Page 6305-1 Chapter 6305: Warehouse Financing Arrangements