Freddie Mac Single-Family Seller/Servicer Guide Section 9102.2 — Late charges
Freddie Mac Single-Family Seller/Servicer Guide Section 9102.2 — Late charges.
Verbatim regulatory text
Verbatim provisions from Freddie Mac Single-Family Seller/Servicer Guide Section 9102.2 — Late charges — 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 9102.2 — Late charges
9102.2: Late charges (08/13/25) This section contains requirements related to: ■ Late charge assessment Freddie Mac Single-Family Seller/Servicer Guide Chapter 9102 As of 04/27/26 Page 9102-11 ■ Late charge collection (a) Late charge assessment The Servicer must not assess a late charge in an amount greater than 5% of the principal and interest payment. On an FHA or VA Mortgage, a late charge may be assessed and collected in accordance with the applicable program terms. The Servicer is responsible for collecting from the Borrower any recording or similar costs incidental to the granting of relief. The Servicer may not impose a late charge if the Mortgage is a Home Mortgage and the installment is received within 15 days after the Due Date. If this date is a Saturday, Sunday or federal holiday, it is extended to the next Business Day. The Servicer may retain any late charge collected as additional Servicing compensation if the charge is allowed under the Note. (b) Late charge collection Regardless of any provision to the contrary in the Note or the Security Instrument, the Servicer may not collect a late charge by any of the following methods: ■ Charging the Borrower’s Escrow or impound account ■ Deducting from a regular monthly installment ■ Deducting from a payment made to partially or fully cure a Delinquency ■ Adding to the outstanding principal balance of the Mortgage ■ Causing a Mortgage to become delinquent or be placed in foreclosure because of an unpaid late charge Note: For payment application requirements, refer to Sections 8103.3(a) through 8103.3(d). 9102.3: Establishing Borrower contact during Delinquency (08/13/25) This section contains requirements related to: ■ Collection techniques ■ Quality right party contact Freddie Mac Single-Family Seller/Servicer Guide Chapter 9102 As of 04/27/26 Page 9102-12 (a) Collection techniques Servicing of a delinquent Mortgage must be based upon personal contact, either by telephone, e-mail or face-to-face interviews with a Borrower. Form letters and notices, while having a place in any Servicing program, generally are not as effective as personal contact and must not be used exclusively. The Servicer’s collection techniques must include the use of: ■ Telephone contacts or face-to-face interviews ■ Written communications such as notices and letters ■ Other responsible collection techniques as permitted under applicable law including, but not limited to, e-mail, text messaging, voice response unit technology or a Servicer’s web portal If the Servicer discovers that the Borrower’s contact information (phone number or mailing address) is invalid, then it should initiate skip trace activities to obtain alternate phone numbers or mailing addresses. (b) Quality right party contact A Servicer’s objective in contacting a delinquent Borrower is to establish quality right party contact. (i) Quality right party contact defined Quality right party contact occurs when a Servicer establishes contact with the Borrower and discusses with the Borrower, co-Borrower or trusted advisor, such as a housing counselor, the most appropriate options for Delinquency resolution. A Servicer must make every attempt to achieve quality right party contact by: ■ Determining the reason for the Delinquency and whether the reason is temporary or permanent in nature ■ Determining the occupancy status of the property ■ Determining the Borrower’s ability to repay the debt ■ Setting payment expectations and educating the Borrower on the availability of alternatives to foreclosure as appropriate ■ Obtaining a commitment from the Borrower to either resolve the Delinquency through traditional methods (paying the total delinquent amount) or engaging in an alternative to foreclosure solution Freddie Mac Single-Family Seller/Servicer Guide Chapter 9102 As of 04/27/26 Page 9102-13 (ii) Quality right party contact EDR reporting requirements The Servicer must notify Freddie Mac that it achieved quality right party contact with the Borrower via an EDR transmission within the first three Business Days of the month as follows: ■ Report default action code AW and the date of the first quality right party contact established with the Borrower. Report the date one time in the month following the month that quality right party contact was established with the Borrower. ■ Report default action code AX if any subsequent quality right party contact was made with the Borrower after the initial contact was established. Report the date of the last quality right party contact one time in the month following the month that the action occurred. Default action code AX may be reported in the same month as default action code AW if a Servicer establishes a subsequent quality right party contact with the Borrower in the same month that initial contact was achieved. If the Servicer is working with the Borrower over a period of several months to resolve the Delinquency, it must continue to report default action code AX with the date of the last quality right party contact for each month in which the action applies Additional information on EDR Topic Guide location Monthly EDR Section 9102.6 EDR transmission code list Exhibit 82 A Servicer will be measured on its effectiveness in achieving quality right party contact. Borrowers in bankruptcy are excluded from the quality right party contact performance standard. Note: Refer to Section 9201.5 for additional information on the quality right party contact performance standard. (iii)Single point of contact The Borrower outreach and solicitation requirements specified in this chapter represent the minimum required effort a Servicer must make to reach Borrowers early in the Delinquency process and throughout the Delinquency cycle to more efficiently mitigate default. Freddie Mac encourages and fully supports Servicers that have or will implement additional processes, such as a single point of contact model, not currently required under the Guide or Servicers’ other Purchase Documents for purposes of achieving contact continuity throughout the Delinquency process. Freddie Mac Single-Family Seller/Servicer Guide Chapter 9102 As of 04/27/26 Page 9102-14 If the Servicer elects to have a process supporting a single point of contact model and is using a team approach, the Servicer should provide the Borrower the ability to request and speak to a specific person from the assigned personnel team and leave a message. However, the Servicer may not use any additional processes that are not compliant with applicable law or otherwise adverse to Freddie Mac.