Freddie Mac Single-Family Seller/Servicer Guide Section 8101.3 — Governing law
Freddie Mac Single-Family Seller/Servicer Guide Section 8101.3 — Governing law.
Verbatim regulatory text
Verbatim provisions from Freddie Mac Single-Family Seller/Servicer Guide Section 8101.3 — Governing law — 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 8101.3 — Governing law
8101.3: Governing law (10/08/25) Each Purchase Document or other contract for the Servicing of Mortgages must be construed and the rights and obligations of the parties thereunder determined according to the laws of the United States. The laws of the State of New York are deemed to reflect the laws of the United States when there is no applicable precedent and when to do so would not frustrate any provision of the Purchase Document or other contracts for Servicing. 8101.4: Borrower inquiries, Servicing error resolution, audits and access to Mortgage records, Treatment of personal and property information (09/10/25) This section contains requirements related to: ■ Responding to Borrower inquiries ■ Error resolution procedures related to the Servicing of a Mortgage ■ Freddie Mac audits and access to Mortgage records ■ Treatment of personal and property information Freddie Mac Single-Family Seller/Servicer Guide Chapter 8101 As of 10/08/25 Page 8101-5 (a) Responding to Borrower inquiries Regardless of whether a Mortgage is securitized or held by Freddie Mac, Servicers receive Mortgage payments from Borrowers on behalf of and remit such payments to Freddie Mac. As such, a Seller/Servicer should respond promptly to a Borrower’s inquiry and must provide the Borrower with accurate information about the Borrower’s Mortgage. If a Borrower inquires about the ownership or assignee of his or her Mortgage: ■ The Seller/Servicer may inform the Borrower that Freddie Mac owns the Mortgage once the Borrower’s identity is verified ■ If the Seller/Servicer is unable, in a telephone conversation, to verify that it is the Borrower who is requesting the information, the Borrower’s request for information must be made in writing ■ If requested, the Seller/Servicer may also provide the Borrower with Freddie Mac’s address and telephone number and the Freddie Mac loan number associated with the Borrower’s Mortgage, and the Seller/Servicer must explain to the Borrower that it services the Mortgage for Freddie Mac ■ If the Seller/Servicer provides the Borrower with the requested information in a telephone conversation, the Seller/Servicer must follow up by providing the same information to the Borrower in writing The Freddie Mac address and telephone number that the Seller/Servicer must provide to the Borrower are: FREDDIE MAC 8200 JONES BRANCH DR. MCLEAN, VA 22102 800-FREDDIE Note: See Sections 7101.6(b), 7101.7(a), 7101.7(c), 8101.4(d) and 8104.1(a) for additional Servicing obligations relating to Borrower inquiries. (b) Error resolution procedures related to the Servicing of a Mortgage Servicers must comply with the requirements set forth in this section in resolving errors asserted by a Borrower or Borrower’s representative relating to the Servicing of a Mortgage. Servicers must refer to Chapter 9101 for additional requirements pertaining to a Borrower’s right to appeal a denial of a Trial Period Plan based on the Servicer’s review of the First Complete Borrower Response Package. Freddie Mac Single-Family Seller/Servicer Guide Chapter 8101 As of 10/08/25 Page 8101-6 The Servicer must have written policies and procedures to ensure that it reviews and responds to any written request received from a Borrower asserting an error relating to the Servicing of the Mortgage, provided the Borrower’s written request includes: ■ The Borrower’s name ■ Information that enables the Servicer to identify the Borrower’s Mortgage file; and ■ The error the Borrower believes has occurred At a minimum, the Servicer must: ■ Have a sufficient number of adequately trained staff to be able to track and respond to any written notice received from a Borrower asserting an error in accordance with the requirements of this section ■ Maintain policies and procedures that are reasonably designed to ensure that the Servicer investigates, responds to and makes corrections in response to complaints asserted by Borrowers ■ Conduct reasonable investigations and respond to a Borrower with either: ❑ A written notification of the correction, the effective date of the correction and Servicer contact information, including a telephone number for further assistance; or ❑ A statement that the Servicer has determined that no error occurred, the reasons for the Servicer’s determination, a statement of the Borrower’s right to request the documents the Servicer used to reach its decision, information on how the Borrower may request those documents and contact information, including a telephone number ■ Respond to the Borrower’s notice of error within the time limits set forth under applicable law ■ Regularly review and assess the adequacy of its internal controls and procedures used in connection with Servicing of Freddie Mac Mortgages to ensure compliance with the Guide and other Purchase Documents and applicable law ■ Take remedial steps, as appropriate, if any deficiencies are identified as a result of its review of internal controls and processes or if issues are identified from a review of a Borrower’s notification asserting an error. The Servicer must formally document the results of such reviews and make the results available to Freddie Mac upon request. The Servicer must maintain in the Mortgage file documentation of all communication regarding any case for which the Servicer has received written notification from a Borrower asserting an error and provide such files or aggregated information to Freddie Mac for review upon request. Freddie Mac Single-Family Seller/Servicer Guide Chapter 8101 As of 10/08/25 Page 8101-7 (c) Freddie Mac audits and access to Mortgage records (i) Freddie Mac audit rights Freddie Mac reserves the right to audit Mortgages at any time to verify the Servicer’s compliance with the terms and conditions of the Purchase Documents. Freddie Mac will select the Mortgages to be audited, and the Servicer must provide all related files. The files must contain, at a minimum, all documents required by the Purchase Documents. The audit rights contained in this Section 8101.4(c) in no way limit Freddie Mac’s rights or remedies as otherwise provided in the Purchase Documents. (ii) Servicer’s obligation to provide access to Mortgage records The Servicer agrees to provide Freddie Mac, upon request, access to or copies of any Mortgage records related to Mortgages it services for Freddie Mac. These records include all documents, files, information and data, including any of the same maintained in the Mortgage file or in any database or in any data processing, storage or retrieval system. (All such records, documents, files, information and data hereinafter referred to as “Mortgage records”.) Additionally, the Servicer must provide access to any other records, documents, files, information and data maintained or held by the Servicer which Freddie Mac deems necessary to verify the accuracy and completeness of the Mortgage records pertaining to any Mortgage serviced by the Servicer for Freddie Mac or to ensure that the Servicer is complying with the requirements of the Purchase Documents. Freddie Mac may request this information via spoken or written communication. (iii) Timelines for submitting records If Freddie Mac requests Mortgage records for any reason, including audits or Servicer Success file reviews, the Servicer must deliver the records within 30 days from the date of the request. Freddie Mac may adjust the deadline, at its sole discretion, depending on the circumstances at the time. Failure to provide the requested Mortgage records within the specified timeframe will be considered a violation of the Purchase Documents, and Freddie Mac will exercise all rights and remedies available under the Purchase Documents and applicable law. (iv) Third-party responsibilities The Servicer must ensure that any Servicing Agent, service bureau or other person which shall, at any time, process, maintain or store any Mortgage records on its behalf provides written consent allowing Freddie Mac to access, disclose or obtain copies of all of such Mortgage records. This includes Mortgage records related to any Mortgage serviced by the Servicer for Freddie Mac, as well as any additional records, documents, files, information and data Freddie Mac Single-Family Seller/Servicer Guide Chapter 8101 As of 10/08/25 Page 8101-8 maintained or held by such other person which Freddie Mac deems necessary to verify the accuracy and completeness of the Mortgage records or to confirm the Servicer’s compliance with the Purchase Documents. Freddie Mac may request this access without prior notice or further action required from the Servicer. (v) Freddie Mac’s authority to act on behalf of the Servicer This Guide section authorizes Freddie Mac to execute, acknowledge and deliver such instruments and documents on the Servicer’s behalf and take all such other actions as may be reasonably required on behalf of the Servicer, in order to effectuate the purposes of this section. The Seller/Servicer also agrees to allow Freddie Mac to conduct monitoring from time to time in order to confirm that the Seller/Servicer is satisfying its obligations under the Guide to safeguard Borrower nonpublic personal information pertaining to Mortgages purchased by Freddie Mac. (d) Treatment of personal and property information Through its Servicing of Mortgages for Freddie Mac, the Servicer may obtain information, including fair lending data elements as described in Section 1301.2(f), concerning the Borrower or the Mortgaged Premises that is either not publicly available or required to be protected under applicable privacy, securities, information security, consumer protection or other laws (collectively, “Protected Information”). ■ Servicer will not use Protected Information or any information derived from Protected Information (“derivative information”) or permit it to be used in any way that violates applicable law or that represents or could be construed to represent a conflict of interest or breach of confidentiality ■ Protected information and any derivative information may only be used for purposes of Servicing Mortgages for Freddie Mac and only as permitted under applicable law ■ The Servicer must maintain all such Protected Information and derivative information in such a way as to ensure the security and confidentiality of the information, protect against anticipated threats or hazards to the security or integrity of the information and protect against unauthorized access to or use of such information while in its possession or that of a Related Third Party, including following Freddie Mac’s termination of Seller/Servicer’s right to sell or service Mortgages ■ Such maintenance and protection obligations shall survive the termination of Seller/Servicer’s right to sell or service Mortgages pursuant to the Guide and shall continue for as long as Servicers have possession of Mortgage files or Freddie Mac information Freddie Mac Single-Family Seller/Servicer Guide Chapter 8101 As of 10/08/25 Page 8101-9 (i) Disclosure of payment history information The Servicer must disclose to the Borrower or any third party authorized in writing by the Borrower information maintained by the Servicer concerning the Borrower’s payment history if the Borrower (or any third party authorized by the Borrower) shall request such information in writing. Information so disclosed must be correct, complete and up to date and must accurately reflect the Borrower’s performance in meeting payment obligations without the use of codes or abbreviations. (ii) Disclosure of material information Certain information about individual Mortgages or Mortgaged Premises obtained by the Servicer through its Servicing of Mortgages for Freddie Mac may be material to a purchaser or a seller of UMBS®, MBS or WAC ARM PCs representing interests in those Mortgages. This information is considered to be material if there is a substantial likelihood that a reasonable investor would consider the information to be important in determining whether to purchase or sell a UMBS, MBS or WAC ARM PC representing interests in the Mortgages. The Servicer may not purchase or sell such a UMBS, MBS or WAC ARM PC (or disclose material information relating to the UMBS, MBS or WAC ARM PC to a third party for its use) without disclosing such material information to the other party to the transaction. If disclosure of such information to other parties would contravene applicable law or regulations regarding disclosure of credit information, the Servicer must refrain from trading with respect to the UMBS, MBS or WAC ARM PC.