Freddie Mac Single-Family Seller/Servicer Guide Section 6305.5 — Liability and indemnification
Freddie Mac Single-Family Seller/Servicer Guide Section 6305.5 — Liability and indemnification.
Verbatim regulatory text
Verbatim provisions from Freddie Mac Single-Family Seller/Servicer Guide Section 6305.5 — Liability and indemnification — 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 6305.5 — Liability and indemnification
6305.5: Liability and indemnification (12/03/25) This section contains requirements related to: ■ Liability for a postponed Settlement Date for Pledged Mortgages ■ Seller indemnification ■ Reimbursement by the Seller for Pledged Mortgages (a) Liability for a postponed Settlement Date for Pledged Mortgages Freddie Mac will not be liable to the Seller, the Warehouse Lender or any third party for any losses, costs, expenses or damages that such party may incur if the Settlement Date for a Pledged Mortgage is postponed due to the Seller’s failure to deliver wire transfer instructions (Form 987E, Wire Transfer Authorization for a Cash Warehouse Delivery) into the applicable Loan Selling Advisor® screens or Form 996E, Warehouse Provider Release and Transfer, because the person executing Form 987E, the contact person on Form 996E or the Freddie Mac Single-Family Seller/Servicer Guide Chapter 6305 As of 04/08/26 Page 6305-11 employee performing the Loan Selling Advisor Setup Manager role is not designated as an “Authorized Employee” on the Seller’s Certificate of Incumbency. (See Section 2201.1 for additional information.) (b) Seller indemnification The Seller agrees to indemnify and hold Freddie Mac, its successors, assigns and transfer agents harmless from and against any and all losses, claims, demands, actions, suits, damages, costs and expenses (including reasonable attorney fees) of every nature and character that may arise or be made against or be incurred by Freddie Mac as a result of any of the following: ■ The deposit of the Note and any ancillary documents with, and their maintenance by, the Document Custodian pending Freddie Mac’s purchase of the Mortgages or the determination not to purchase certain Mortgages (and the subsequent return of rejected Notes and any ancillary documents) ■ The delivery or transfer of any Purchase Proceeds by Freddie Mac or its agent to any person if: ❑ Such Purchase Proceeds in the form of a UMBS®, MBS or WAC ARM PC are delivered in accordance with the terms of the Purchase Documents and security wire instructions inserted in Loan Selling Advisor screens, or ❑ Such Purchase Proceeds are delivered in accordance with the Purchase Documents and the Seller’s wire transfer instructions on Form 987E ■ The Seller’s failure to provide any of the following forms, as applicable, that designate employees authorized to provide Freddie Mac with wire transfer instructions (or modify instructions) to transfer funds or securities on the Seller’s behalf: ❑ Form 988SF, Certificate of Incumbency for a Bank, Savings Bank, Savings and Loan Association, Credit Union, Corporation or Limited Liability Company ❑ Form 988SF – HFA, Certificate of Incumbency for Housing Finance Agency ❑ Form 989SF, Certificate of Incumbency for Limited Partnerships ■ The Seller’s failure to provide complete, accurate and authorized wire transfer instructions or failure to notify Freddie Mac of any necessary or desired changes to the authorized wire transfer instructions ■ Security interests, claims, encumbrances of any third party, including any Warehouse Lender, or the failure of any third party, including any Warehouse Lender, to release or to transfer to Freddie Mac all of the rights, title and interest of whatever nature the third party may have with respect to or in the Note Freddie Mac Single-Family Seller/Servicer Guide Chapter 6305 As of 04/08/26 Page 6305-12 ■ The failure of the Warehouse Lender to submit any required forms or documents, including Form 990SF, Agreement and Certificate of Incumbency: Warehouse Lender, or Form 996E to Freddie Mac as described in Section 6305.4(c) (c) Reimbursement by the Seller for Pledged Mortgages No fees in addition to those associated with specific Mortgage programs described elsewhere in this Guide are charged pursuant to a delivery of Pledged Mortgages. The Seller agrees to the following reimbursement obligations: ■ The Seller must reimburse Freddie Mac for any reasonable expenses incurred by Freddie Mac in connection with the delivery of Pledged Mortgages by Warehouse Lenders to Freddie Mac. The nature and amount of such expenses will be specified in a written notice to the Seller from Freddie Mac. ■ The Seller must reimburse Freddie Mac for the amount of any such expenses within 10 Business Days of request by Freddie Mac. Freddie Mac Single-Family Seller/Servicer Guide Chapter 6306 As of 09/10/25 Page 6306-1 Chapter 6306: Correspondent XChange®