Freddie Mac Single-Family Seller/Servicer Guide 9205.3 — Home Affordable Modification ProgramSM (HAMP®) electronic modification

This section contains requirements related to: ■ Defined terms ■ Electronic Home Affordable Modification ProgramSM (HAMP®) documents ■ HAMP eModification agreements

(a) Defined terms Servicers should be familiar with the following definitions used in this section as defined in Chapter 1401 for: Defined terms used in this section E Electronic Relating to technology having electrical, digital, magnetic, wireless, optical, electromagnetic, or similar capabilities, as defined in the “UETA” and/or “E-SIGN” Electronic Record A “Record” created, generated, sent, communicated, received, or stored by “Electronic” means, as defined in the “UETA” and/or “ESIGN.” The term also includes a paper document converted into an Electronic Record. Electronic Signature An “Electronic” sound, symbol or process attached to, or logically associated with, a contract or other “Record” and executed or adopted by a person with the intent to sign the “Record,” as defined in the “UETA” and/or “E-SIGN” Electronic Transaction An action or set of actions occurring between two or more persons relating to the conduct of business, commercial, or governmental affairs, using “Electronic” means, as defined in the “UETA” and/or “E-SIGN”

(b) Electronic HAMP documents In lieu of having the Servicer or Borrower, as applicable, prepare, sign and return paper documents, certain documents may be prepared, signed and sent electronically by a Servicer to the Borrower or by a Borrower to the Servicer, provided such Electronic Transactions comply with the requirements of Chapter 1401 and this section. With the exception of IRS Form 4506T-EZ, Short Form Request for Individual Tax Return Transcript, or IRS Form 4506-T, Request for Transcript of Tax Return, all documentation required to be prepared, signed or sent by either the Servicer or the Borrower under HAMP are considered “loss mitigation documents” for purposes of Section 1401.3(h). Note: Refer to Section 9205.3(c) for additional requirements related to the Home Affordable Modification Agreement (the HAMP eModification Agreement). All Electronic loss mitigation documents, and any other Electronic Mortgage file documents are Electronic Records, and must be capable of being retrieved and printed in a manner that accurately reflects the information originally contained in the Electronic Records. All Electronic Records must be accessible (either electronically or on paper) and promptly made available to Freddie Mac upon request.

(c) HAMP eModification agreements (i) Special representations and warranties A Servicer that allowed Borrowers to receive, transmit or electronically sign a HAMP eModification Agreement represents and warrants to Freddie Mac that it has complied with the requirements of the Guide and that the HAMP eModification Agreement is authentic, its terms are valid and enforceable against the Borrower, and the Mortgage maintains a First Lien position. (ii) General requirements applicable to all Freddie Mac HAMP eModification Agreements Servicers must: ■ Store HAMP eModification Agreements of Freddie Mac-owned Mortgages electronically under no less stringent requirements than the Servicer follows when electronically storing its own mortgages in its portfolio ■ Consult with their legal counsel to ensure that the Servicer’s use and storage of a HAMP eModification Agreement complies with all applicable federal, State and local laws, including, without limitation, the federal Electronic Signatures in Global and National Commerce (“E-SIGN”) Act and/or the Uniform Electronic Transactions Act (UETA), as enacted in the local jurisdiction, the Gramm-Leach-Bliley Act, and its implementing regulations, and other applicable privacy, disclosure, and data security laws and regulations ■ Provide for Electronic notarization when required, subject to applicable law ■ Be able to comply with all Guide requirements to service the Mortgage, as modified by a HAMP eModification Agreement, including, but not limited to, Servicing obligations related to payoff (e.g., cancelation of the Mortgage, Note and HAMP eModification Agreement), grant of a deed-in-lieu of foreclosure, foreclosure, repurchase of an electronically modified Mortgage, and litigation ■ Notify Freddie Mac when initiating legal action, including foreclosure, on a Mortgage that has been electronically modified, and further, must use counsel that has the experience or demonstrated ability to enforce claims under electronically created Mortgages, Notes or other financial instruments (iii)Additional requirements when the HAMP Modification Agreement must be recorded or in recordable format If, at the time a Servicer entered into a HAMP Modification Agreement, Freddie Mac required the HAMP Modification Agreement to be recorded or in recordable format, a Servicer must record any HAMP eModification Agreement in compliance with the recording jurisdiction’s recordation and electronic format requirements in order to ensure compliance with the Servicer’s obligations under Section 9206.2(c). (iv) Document custodial requirements If recordation of a HAMP eModification Agreement that is in recordable format is required, the Servicer must provide a copy of the recorded HAMP eModification Agreement or a copy of any evidence of recordation together with a copy of the executed HAMP eModification Agreement to its Document Custodian in accordance with the requirements in Section 1401.3(e) applicable to recordation of an Electronic Record. (v) Storage and safekeeping of HAMP eModification Agreements HAMP eModification Agreements (including printed paper copies of facsimiles of HAMP eModification Agreements) must be stored in accordance with the Guide requirements for storing Mortgage file documents. HAMP eModification Agreements must be associated with all paper Mortgage file documents so that all Servicing records (both paper and electronic) are identified with, and associated to, the particular Mortgage transaction. (vi) Transfers of Servicing For requirements related to the Transfers of Servicing of an eModification, refer to Section 9205.1(a). (vii) Data security requirements and data privacy protection Servicers must follow the data security requirements in Sections 1302.2 and 1401.2(c) and the data privacy protection standards in Section 8101.4(d). Servicers are required to maintain their Servicing records storage system and conduct periodic information security reviews of the data stored and maintained in their Servicing records storage system based on, but not limited to, applicable federal, State and local laws and regulations and the Guide. Freddie Mac reserves the right to require a Servicer to implement additional security measures regarding its Servicing records storage system. (viii) Disaster Recovery/Business Continuity Plan Servicers must create and maintain a Disaster Recovery/Business Continuity Plan (DR/BCP) that includes a backup storage site that is not susceptible to the same types of major disasters as the primary storage site. The DR/BCP must provide for recovery of functionality, availability, and data services back to the point of failure within a commercially reasonable period of time (usually within 48 hours of a disaster).