Freddie Mac Single-Family Seller/Servicer Guide 9301.10 — Post-foreclosure requirements and title considerations

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Freddie Mac Single-Family Seller/Servicer Guide section 9301.10 — Post-foreclosure requirements and title considerations. Full verbatim section text, substring-verified against snapshot 5869ee9e606cd4ae.

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Verbatim provisions from Freddie Mac Single-Family Seller/Servicer Guide 9301.10 — Post-foreclosure requirements and title considerations — 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 9301.10 — Post-foreclosure requirements and title considerations (part 1 of 3)

Effective 2025-09-10 · Freddie Mac's stamp for this section

4 sections · 12,803 characters of verbatim text. Open a section to read it, or . Every section below is in the page source whether open or closed.

§This section contains requirements related to: ■ Rollbacks ■…148 ch
This section contains requirements related to: ■ Rollbacks ■ Delivery of clear and marketable title ■ Vesting the title and avoiding transfer taxes
aRollbacks If the result of a foreclosure sale reported to Freddie…7,610 ch
(a) Rollbacks If the result of a foreclosure sale reported to Freddie Mac needs to be corrected or removed for various reasons including, but not limited to, the reasons noted in subsection (i), the Servicer must notify Freddie Mac by requesting a “rollback.” (i) Reporting requirements 1. The Servicer must notify Freddie Mac, via Freddie Mac Servicing Data Corrections (see Exhibit 88, Servicing Tools), within one Business Day of the Servicer’s determination, in coordination with foreclosure counsel, that the foreclosure sale is legally invalid or void (e.g., a prior bankruptcy filing renders the sale void). ■ Following the Servicer’s determination that the foreclosure sale is legally invalid or void, if appropriate, the Servicer must take legal action to obtain relief and seek validation of the foreclosure sale. The Servicer must process the foreclosure according to all applicable Guide requirements and continue to monitor the status of all pending legal action(s). For example, if a bankruptcy petition has been filed and the Servicer files a motion to obtain relief or annul the automatic stay and obtain validation of the foreclosure sale, the Servicer must monitor the status of the motion. ■ Subsequent to Freddie Mac’s receipt and processing of the rollback, and prior to any validation of the foreclosure sale, if any, the Servicer must continue to report all applicable information through EDR for the Mortgage. (See Section 9102.6 regarding monthly EDR transmissions.) If the court grants a motion for relief and/or enters an order validating the foreclosure sale, the Servicer must re-report the foreclosure sale results (pursuant to the reporting requirements in Section 9301.9(a)) within one Business Day of entry of the order by the court. ■ In circumstances where a Chapter 11, 12 or 13 bankruptcy filing would not legally invalidate or void the foreclosure sale but the Servicer is applying payments under any bankruptcy repayment plan, the Servicer must notify Freddie Mac, via the Servicing Data Corrections tool. In these cases, it may be in Freddie Mac’s best interest to process a rollback to allow the Servicer to report applicable information relating to the bankruptcy repayment plan. Subsequent to Freddie Mac’s receipt and processing of the rollback, if the court dismisses the bankruptcy case or grants a motion for relief from the automatic stay, the Servicer must rereport the foreclosure sale results within one Business Day of entry of the order by the court and use the date of entry of the order as the foreclosure sale date. 2. If a third party enters an upset bid per applicable State law on a property that Freddie Mac acquired at the foreclosure sale (i.e., REO property), the Servicer must notify Freddie Mac, via the Servicing Data Corrections tool, within one Business Day of the upset bid. The Servicer must report the foreclosure sale results based on the final upset bid within one Business Day of receiving notification from Freddie Mac that the rollback has been processed, and the upset bid period has expired. 3. If the property is sold to a third party, but the sale falls through and the Servicer determines it must foreclose the Mortgaged Premises again, the Servicer must notify Freddie Mac of its determination within one Business Day via the Servicing Data Corrections tool. In the event the Mortgaged Premises needs to be re-foreclosed, the Servicer must process the foreclosure according to all applicable Guide requirements once the foreclosure action is validated. Additionally, subsequent to Freddie Mac’s receipt and processing of the rollback, the Servicer must continue to report all applicable information through EDR for the Mortgage. 4. If the Servicer incorrectly reported that Freddie Mac acquired the property at the foreclosure sale and needs to re-report the correct foreclosure sale results, the Servicer must notify Freddie Mac via the Servicing Data Corrections tool. The Servicer must report the correct foreclosure sale results within one Business Day of receiving notification from Freddie Mac that the rollback has been processed. 5. If the Servicer approved the Borrower for an alternative to foreclosure prior to the foreclosure sale, but did not cancel the foreclosure sale, the Servicer must notify Freddie Mac within one Business Day, via the Servicing Data Corrections tool, its determination that the foreclosure sale can be rescinded ■ The Servicer must contact the foreclosure counsel to confirm the foreclosure sale can be rescinded and indicate such determination in the Servicing Data Corrections tool when notifying Freddie Mac of the rollback ■ The Servicer must comply with the requirements set forth in the Guide and other Purchase Documents for the applicable alternative to foreclosure. To the extent permitted by applicable law, the Servicer must not rescind the foreclosure sale until the Borrower executes the applicable agreement, makes the appropriate payment (if required) and otherwise complies with the terms of the alternative to foreclosure. ■ Subsequent to Freddie Mac’s receipt and processing of the rollback, if the Borrower does not comply with the requirements of the applicable alternative to foreclosure, the Servicer must cancel the agreement and notify Freddie Mac via the Servicing Data Corrections tool within one Business Day of the cancelation. Additionally, the Servicer must comply with all other reporting requirements applicable to the specific alternative to foreclosure, and re-report the foreclosure sale results immediately following all other reporting requirements being completed. ■ Post-sale alternative to foreclosure reviews and/or approvals are generally prohibited. A rollback request due to the approval of an alternative to foreclosure after the foreclosure sale will not be processed by Freddie Mac except for reasons noted in this Section 9301.10(a)(i) or any other applicable Guide sections. However, if payments are made and applied by the Servicer after the foreclosure sale, in absence of a pre-sale agreement, it may be in Freddie Mac’s best interest to process a rollback. For all rollback requests, the Servicer must ensure that title vests to the appropriate party in the event the rollback has been processed, and/or the foreclosure sale has been rescinded. The Servicer does not need to request a rollback if the Servicer reported that a third party purchased the property at the foreclosure sale, erroneously or otherwise, and needs to report that Freddie Mac acquired the property at the foreclosure sale. Instead, the Servicer must re-report the foreclosure sale results within one Business Day of the Servicer’s determination that Freddie Mac acquired the property at the foreclosure sale. (ii) Compensatory fee for failing to comply with reporting requirements The Servicer will be assessed a compensatory fee in an amount equal to $1,000 per occurrence for administrative costs plus any third-party costs when Freddie Mac must process a rollback in accordance with Section 9301.10(a)(i). Freddie Mac will not reimburse foreclosure fees and costs for the improper foreclosure that resulted in a rollback. Freddie Mac will bill the Servicer for such compensatory fees on the Servicer NonPerforming Loans Invoice. Refer to Section 9102.1 for information on the payment of Servicer Non-Performing Loans Invoices via an Automated Clearing House draft. Freddie Mac considers the notification to be correctly reported when Freddie Mac has received and successfully processed the foreclosure sale/deed-in-lieu of foreclosure submission without errors.
bDelivery of clear and marketable title (i) Property located in a…1,951 ch
(b) Delivery of clear and marketable title (i) Property located in a State without a redemption or confirmation period When the Servicer is the purchaser of the property at a foreclosure sale, it must ensure that the foreclosure counsel provides Freddie Mac with clear and marketable title to the property after the foreclosure sale. The title must be free of any liens, claims, defects and encumbrances. The title must be marketable so Freddie Mac can sell the property freely to others. Issuance or purchase of a letter of indemnity, title insurance or similar form of indemnification does not constitute, and may not be used in lieu of, provision of clear and marketable title to the Mortgaged Premises. The Servicer must instruct the foreclosure counsel to: 1. Submit the foreclosure deed for recordation within one Business Day after receipt of the deed 2. Obtain the recorder’s receipt as evidence that the deed was presented for recordation 3. Send the Servicer the recorder’s receipt within three Business Days after receiving it from the recorder 4. Provide the recorded deed to the Servicer within three Business Days after receiving the deed from the recorder’s office. The Servicer must retain the deed in the Mortgage file (ii) Property located in a State with a redemption or confirmation period After the redemption period has expired or the foreclosure sale has been confirmed, the Servicer must ensure that clear and marketable title is obtained as stated in Section 9301.10(b)(i). Executing documents If Freddie Mac needs to execute a document for the Servicer to process the foreclosure, or execute a document related to a foreclosure sale, the Servicer must submit Form 105, Multipurpose Loan Servicing Transmittal, to Freddie Mac (see Directory 5) with all supporting documentation, which may include, but is not limited to, the last recorded document in the chain of title, and include the document Freddie Mac needs to execute.
cVesting the title and avoiding transfer taxes After the…3,094 ch
(c) Vesting the title and avoiding transfer taxes After the foreclosure sale, or when closing a deed-in-lieu of foreclosure transaction, the Servicer must ensure that title to the property is vested to the appropriate party. (See Section 9209.6 regarding closing, reporting and remittance requirements for a deed-in-lieu of foreclosure transaction.) (i) Conventional Mortgages After the foreclosure sale (if the property is not purchased by a third party) or when closing a deed-in-lieu of foreclosure transaction, the Servicer must ensure that title to the property is vested in Freddie Mac’s name; that is, unless it is in Freddie Mac’s best interest to have the title to the property vested in the Servicer’s name after the foreclosure sale. In such cases, the Servicer must then have the title to the property transferred to Freddie Mac via special warranty deed or quitclaim deed and must ensure that the transfer of title will not impair Freddie Mac’s sale of the REO. In Florida, a special warranty deed is required to transfer the title to the property to Freddie Mac. If applicable, the transfer to Freddie Mac’s name should generally be completed within 30 days of vesting the title in the Servicer’s name. Example: If having the title to the property vested in the Servicer’s name after the foreclosure sale limits the liability for Freddie Mac to reimburse homeowners association (HOA) assessments, then the Servicer should proceed in such a manner. If the Servicer determines it is in Freddie Mac’s best interest, the Servicer must record in the Mortgage file the decision to vest the title in the Servicer’s name and the basis for its decision. After the foreclosure sale, or when closing a deed-in-lieu of foreclosure transaction, title to the property should be vested in a manner that does not result in an obligation to pay transfer taxes. Freddie Mac will not reimburse the Servicer for any transfer taxes, unless: ■ Local authorities require the Servicer to pay the transfer tax in order to record a deed and ensure that title vests appropriately ■ The transfer tax is paid under protest ■ The Servicer submits the request for written pre-approval (RPA) for reimbursement of the transfer tax via PAID (Payments Automated Intelligent and Dynamic) (see Exhibit 88, Servicing Tools) (see Section 9701.4(a)), and ■ Counsel could not process the foreclosure and/or the deed-in-lieu of foreclosure transaction in a manner that would successfully avoid the imposition of the transfer tax obligation Servicers will not be reimbursed for transfer taxes if any of the above conditions and requirements do not exist or are not met. If the foreclosure involves a Manufactured Home in a certificate of title State, the Servicer must conduct the replevin or other legal action necessary to repossess the home in the Servicer’s name and have the new certificate of title issued in Freddie Mac’s name. (ii) Mortgages insured by the FHA or guaranteed by the VA or RHS The Servicer must follow FHA, VA or RHS guidelines for conveying title to the foreclosed property to the applicable agency.

Source: Freddie Mac Single-Family Seller/Servicer Guide 9301.10 — Post-foreclosure requirements and title considerations · source URL · snapshot 4c94f67729042dd6

Freddie Mac Single-Family Seller/Servicer Guide 9301.10 — Post-foreclosure requirements and title considerations (part 2 of 3)

Effective 2025-09-10 · Freddie Mac's stamp for this section

4 sections · 13,363 characters of verbatim text. Open a section to read it, or . Every section below is in the page source whether open or closed.

§Refer to Bulletins 2026-G and 2026-11, which announced updates…708 ch
Refer to Bulletins 2026-G and 2026-11, which announced updates related to Freddie Mac’s new event-based default related reporting requirements. Beginning November 16, 2026, Servicers may implement the new requirements if they are operationally ready to do so. If a Servicer adopts the new event-based default related reporting standards before the mandatory effective date of September 27, 2027, it must comply with the associated Guide requirements that will be effective on September 27, 2027 and, upon such adoption, must discontinue monthly EDR reporting. This section contains requirements related to: ■ Rollbacks ■ Delivery of clear and marketable title ■ Vesting the title and avoiding transfer taxes
aRollbacks If the result of a foreclosure sale reported to Freddie…7,610 ch
(a) Rollbacks If the result of a foreclosure sale reported to Freddie Mac needs to be corrected or removed for various reasons including, but not limited to, the reasons noted in subsection (i), the Servicer must notify Freddie Mac by requesting a “rollback.” (i) Reporting requirements 1. The Servicer must notify Freddie Mac, via Freddie Mac Servicing Data Corrections (see Exhibit 88, Servicing Tools), within one Business Day of the Servicer’s determination, in coordination with foreclosure counsel, that the foreclosure sale is legally invalid or void (e.g., a prior bankruptcy filing renders the sale void). ■ Following the Servicer’s determination that the foreclosure sale is legally invalid or void, if appropriate, the Servicer must take legal action to obtain relief and seek validation of the foreclosure sale. The Servicer must process the foreclosure according to all applicable Guide requirements and continue to monitor the status of all pending legal action(s). For example, if a bankruptcy petition has been filed and the Servicer files a motion to obtain relief or annul the automatic stay and obtain validation of the foreclosure sale, the Servicer must monitor the status of the motion. ■ Subsequent to Freddie Mac’s receipt and processing of the rollback, and prior to any validation of the foreclosure sale, if any, the Servicer must continue to report all applicable information through EDR for the Mortgage. (See Section 9102.6 regarding monthly EDR transmissions.) If the court grants a motion for relief and/or enters an order validating the foreclosure sale, the Servicer must re-report the foreclosure sale results (pursuant to the reporting requirements in Section 9301.9(a)) within one Business Day of entry of the order by the court. ■ In circumstances where a Chapter 11, 12 or 13 bankruptcy filing would not legally invalidate or void the foreclosure sale but the Servicer is applying payments under any bankruptcy repayment plan, the Servicer must notify Freddie Mac, via the Servicing Data Corrections tool. In these cases, it may be in Freddie Mac’s best interest to process a rollback to allow the Servicer to report applicable information relating to the bankruptcy repayment plan. Subsequent to Freddie Mac’s receipt and processing of the rollback, if the court dismisses the bankruptcy case or grants a motion for relief from the automatic stay, the Servicer must rereport the foreclosure sale results within one Business Day of entry of the order by the court and use the date of entry of the order as the foreclosure sale date. 2. If a third party enters an upset bid per applicable State law on a property that Freddie Mac acquired at the foreclosure sale (i.e., REO property), the Servicer must notify Freddie Mac, via the Servicing Data Corrections tool, within one Business Day of the upset bid. The Servicer must report the foreclosure sale results based on the final upset bid within one Business Day of receiving notification from Freddie Mac that the rollback has been processed, and the upset bid period has expired. 3. If the property is sold to a third party, but the sale falls through and the Servicer determines it must foreclose the Mortgaged Premises again, the Servicer must notify Freddie Mac of its determination within one Business Day via the Servicing Data Corrections tool. In the event the Mortgaged Premises needs to be re-foreclosed, the Servicer must process the foreclosure according to all applicable Guide requirements once the foreclosure action is validated. Additionally, subsequent to Freddie Mac’s receipt and processing of the rollback, the Servicer must continue to report all applicable information through EDR for the Mortgage. 4. If the Servicer incorrectly reported that Freddie Mac acquired the property at the foreclosure sale and needs to re-report the correct foreclosure sale results, the Servicer must notify Freddie Mac via the Servicing Data Corrections tool. The Servicer must report the correct foreclosure sale results within one Business Day of receiving notification from Freddie Mac that the rollback has been processed. 5. If the Servicer approved the Borrower for an alternative to foreclosure prior to the foreclosure sale, but did not cancel the foreclosure sale, the Servicer must notify Freddie Mac within one Business Day, via the Servicing Data Corrections tool, its determination that the foreclosure sale can be rescinded ■ The Servicer must contact the foreclosure counsel to confirm the foreclosure sale can be rescinded and indicate such determination in the Servicing Data Corrections tool when notifying Freddie Mac of the rollback ■ The Servicer must comply with the requirements set forth in the Guide and other Purchase Documents for the applicable alternative to foreclosure. To the extent permitted by applicable law, the Servicer must not rescind the foreclosure sale until the Borrower executes the applicable agreement, makes the appropriate payment (if required) and otherwise complies with the terms of the alternative to foreclosure. ■ Subsequent to Freddie Mac’s receipt and processing of the rollback, if the Borrower does not comply with the requirements of the applicable alternative to foreclosure, the Servicer must cancel the agreement and notify Freddie Mac via the Servicing Data Corrections tool within one Business Day of the cancelation. Additionally, the Servicer must comply with all other reporting requirements applicable to the specific alternative to foreclosure, and re-report the foreclosure sale results immediately following all other reporting requirements being completed. ■ Post-sale alternative to foreclosure reviews and/or approvals are generally prohibited. A rollback request due to the approval of an alternative to foreclosure after the foreclosure sale will not be processed by Freddie Mac except for reasons noted in this Section 9301.10(a)(i) or any other applicable Guide sections. However, if payments are made and applied by the Servicer after the foreclosure sale, in absence of a pre-sale agreement, it may be in Freddie Mac’s best interest to process a rollback. For all rollback requests, the Servicer must ensure that title vests to the appropriate party in the event the rollback has been processed, and/or the foreclosure sale has been rescinded. The Servicer does not need to request a rollback if the Servicer reported that a third party purchased the property at the foreclosure sale, erroneously or otherwise, and needs to report that Freddie Mac acquired the property at the foreclosure sale. Instead, the Servicer must re-report the foreclosure sale results within one Business Day of the Servicer’s determination that Freddie Mac acquired the property at the foreclosure sale. (ii) Compensatory fee for failing to comply with reporting requirements The Servicer will be assessed a compensatory fee in an amount equal to $1,000 per occurrence for administrative costs plus any third-party costs when Freddie Mac must process a rollback in accordance with Section 9301.10(a)(i). Freddie Mac will not reimburse foreclosure fees and costs for the improper foreclosure that resulted in a rollback. Freddie Mac will bill the Servicer for such compensatory fees on the Servicer NonPerforming Loans Invoice. Refer to Section 9102.1 for information on the payment of Servicer Non-Performing Loans Invoices via an Automated Clearing House draft. Freddie Mac considers the notification to be correctly reported when Freddie Mac has received and successfully processed the foreclosure sale/deed-in-lieu of foreclosure submission without errors.
bDelivery of clear and marketable title (i) Property located in a…1,951 ch
(b) Delivery of clear and marketable title (i) Property located in a State without a redemption or confirmation period When the Servicer is the purchaser of the property at a foreclosure sale, it must ensure that the foreclosure counsel provides Freddie Mac with clear and marketable title to the property after the foreclosure sale. The title must be free of any liens, claims, defects and encumbrances. The title must be marketable so Freddie Mac can sell the property freely to others. Issuance or purchase of a letter of indemnity, title insurance or similar form of indemnification does not constitute, and may not be used in lieu of, provision of clear and marketable title to the Mortgaged Premises. The Servicer must instruct the foreclosure counsel to: 1. Submit the foreclosure deed for recordation within one Business Day after receipt of the deed 2. Obtain the recorder’s receipt as evidence that the deed was presented for recordation 3. Send the Servicer the recorder’s receipt within three Business Days after receiving it from the recorder 4. Provide the recorded deed to the Servicer within three Business Days after receiving the deed from the recorder’s office. The Servicer must retain the deed in the Mortgage file (ii) Property located in a State with a redemption or confirmation period After the redemption period has expired or the foreclosure sale has been confirmed, the Servicer must ensure that clear and marketable title is obtained as stated in Section 9301.10(b)(i). Executing documents If Freddie Mac needs to execute a document for the Servicer to process the foreclosure, or execute a document related to a foreclosure sale, the Servicer must submit Form 105, Multipurpose Loan Servicing Transmittal, to Freddie Mac (see Directory 5) with all supporting documentation, which may include, but is not limited to, the last recorded document in the chain of title, and include the document Freddie Mac needs to execute.
cVesting the title and avoiding transfer taxes After the…3,094 ch
(c) Vesting the title and avoiding transfer taxes After the foreclosure sale, or when closing a deed-in-lieu of foreclosure transaction, the Servicer must ensure that title to the property is vested to the appropriate party. (See Section 9209.6 regarding closing, reporting and remittance requirements for a deed-in-lieu of foreclosure transaction.) (i) Conventional Mortgages After the foreclosure sale (if the property is not purchased by a third party) or when closing a deed-in-lieu of foreclosure transaction, the Servicer must ensure that title to the property is vested in Freddie Mac’s name; that is, unless it is in Freddie Mac’s best interest to have the title to the property vested in the Servicer’s name after the foreclosure sale. In such cases, the Servicer must then have the title to the property transferred to Freddie Mac via special warranty deed or quitclaim deed and must ensure that the transfer of title will not impair Freddie Mac’s sale of the REO. In Florida, a special warranty deed is required to transfer the title to the property to Freddie Mac. If applicable, the transfer to Freddie Mac’s name should generally be completed within 30 days of vesting the title in the Servicer’s name. Example: If having the title to the property vested in the Servicer’s name after the foreclosure sale limits the liability for Freddie Mac to reimburse homeowners association (HOA) assessments, then the Servicer should proceed in such a manner. If the Servicer determines it is in Freddie Mac’s best interest, the Servicer must record in the Mortgage file the decision to vest the title in the Servicer’s name and the basis for its decision. After the foreclosure sale, or when closing a deed-in-lieu of foreclosure transaction, title to the property should be vested in a manner that does not result in an obligation to pay transfer taxes. Freddie Mac will not reimburse the Servicer for any transfer taxes, unless: ■ Local authorities require the Servicer to pay the transfer tax in order to record a deed and ensure that title vests appropriately ■ The transfer tax is paid under protest ■ The Servicer submits the request for written pre-approval (RPA) for reimbursement of the transfer tax via PAID (Payments Automated Intelligent and Dynamic) (see Exhibit 88, Servicing Tools) (see Section 9701.4(a)), and ■ Counsel could not process the foreclosure and/or the deed-in-lieu of foreclosure transaction in a manner that would successfully avoid the imposition of the transfer tax obligation Servicers will not be reimbursed for transfer taxes if any of the above conditions and requirements do not exist or are not met. If the foreclosure involves a Manufactured Home in a certificate of title State, the Servicer must conduct the replevin or other legal action necessary to repossess the home in the Servicer’s name and have the new certificate of title issued in Freddie Mac’s name. (ii) Mortgages insured by the FHA or guaranteed by the VA or RHS The Servicer must follow FHA, VA or RHS guidelines for conveying title to the foreclosed property to the applicable agency.

Source: Freddie Mac Single-Family Seller/Servicer Guide 9301.10 — Post-foreclosure requirements and title considerations · source URL · snapshot 4c94f67729042dd6

Freddie Mac Single-Family Seller/Servicer Guide 9301.10 — Post-foreclosure requirements and title considerations (part 3 of 3)

Effective 2025-09-10 · Freddie Mac's stamp for this section

4 sections · 13,443 characters of verbatim text. Open a section to read it, or . Every section below is in the page source whether open or closed.

§■ Rollbacks ■ Delivery of clear and marketable title ■ Vesting…101 ch
■ Rollbacks ■ Delivery of clear and marketable title ■ Vesting the title and avoiding transfer taxes
aRollbacks If the result of a foreclosure sale reported to Freddie…8,297 ch
(a) Rollbacks If the result of a foreclosure sale reported to Freddie Mac needs to be corrected or removed for various reasons including, but not limited to, the reasons noted in subsection (i), the Servicer must notify Freddie Mac by requesting a “rollback.” (i) Reporting requirements 1. The Servicer must notify Freddie Mac, via Freddie Mac Servicing Data Corrections (see Exhibit 88, Servicing Tools), within one Business Day of the Servicer’s determination, in coordination with foreclosure counsel, that the foreclosure sale is legally invalid or void (e.g., a prior bankruptcy filing renders the sale void). ■ Following the Servicer’s determination that the foreclosure sale is legally invalid or void, if appropriate, the Servicer must take legal action to obtain relief and seek validation of the foreclosure sale. The Servicer must process the foreclosure according to all applicable Guide requirements and continue to monitor the status of all pending legal action(s). For example, if a bankruptcy petition has been filed and the Servicer files a motion to obtain relief or annul the automatic stay and obtain validation of the foreclosure sale, the Servicer must monitor the status of the motion. ■ Subsequent to Freddie Mac’s receipt and processing of the rollback, and prior to any validation of the foreclosure sale, if any, the Servicer must continue to report all applicable default related reporting events for the Mortgage. (See Section 9102.6 regarding default related event reporting.) ■ If the court grants a motion for relief and/or enters an order validating the foreclosure sale, the Servicer must re-report the foreclosure sale results (pursuant to the reporting requirements in Section 9301.9(a)) within one Business Day of entry of the order by the court ■ If the court does not grant a motion for relief and/or enters an order invalidating the foreclosure sale, the Servicer must: ❑ Report the Foreclosure Terminated default related reporting event in accordance with Section 9102.6 and Exhibit 82, Default Reporting Dataset Guidelines, and indicate the appropriate Foreclosure Procedure Terminated Reason Type ❑ If the foreclosure proceeding is restarted, the Servicer must report the Referred to Foreclosure default related reporting event, with the new Foreclosure Referral Date and all subsequent default related reporting events associated with the foreclosure proceeding in accordance with Section 9102.6 and Exhibit 82 ■ In circumstances where a Chapter 11, 12 or 13 bankruptcy filing would not legally invalidate or void the foreclosure sale but the Servicer is applying payments under any bankruptcy repayment plan, the Servicer must notify Freddie Mac, via the Servicing Data Corrections tool. In these cases, it may be in Freddie Mac’s best interest to process a rollback to allow the Servicer to report applicable information relating to the bankruptcy repayment plan. Subsequent to Freddie Mac’s receipt and processing of the rollback, if the court dismisses the bankruptcy case or grants a motion for relief from the automatic stay, the Servicer must rereport the foreclosure sale results within one Business Day of entry of the order by the court and use the date of entry of the order as the foreclosure sale date. 2. If a third party enters an upset bid per applicable State law on a property that Freddie Mac acquired at the foreclosure sale (i.e., REO property), the Servicer must notify Freddie Mac, via the Servicing Data Corrections tool, within one Business Day of the upset bid. The Servicer must report the foreclosure sale results based on the final upset bid within one Business Day of receiving notification from Freddie Mac that the rollback has been processed, and the upset bid period has expired. 3. If the property is sold to a third party, but the sale falls through and the Servicer determines it must foreclose the Mortgaged Premises again, the Servicer must notify Freddie Mac of its determination within one Business Day via the Servicing Data Corrections tool. In the event the Mortgaged Premises needs to be re-foreclosed, the Servicer must process the foreclosure according to all applicable Guide requirements once the foreclosure action is validated. Additionally, subsequent to Freddie Mac’s receipt and processing of the rollback, the Servicer must continue to report all applicable default related events for the Mortgage. 4. If the Servicer incorrectly reported that Freddie Mac acquired the property at the foreclosure sale and needs to re-report the correct foreclosure sale results, the Servicer must notify Freddie Mac via the Servicing Data Corrections tool. The Servicer must report the correct foreclosure sale results within one Business Day of receiving notification from Freddie Mac that the rollback has been processed. 5. If the Servicer approved the Borrower for an alternative to foreclosure prior to the foreclosure sale, but did not cancel the foreclosure sale, the Servicer must notify Freddie Mac within one Business Day, via the Servicing Data Corrections tool, its determination that the foreclosure sale can be rescinded ■ The Servicer must contact the foreclosure counsel to confirm the foreclosure sale can be rescinded and indicate such determination in the Servicing Data Corrections tool when notifying Freddie Mac of the rollback ■ The Servicer must comply with the requirements set forth in the Guide and other Purchase Documents for the applicable alternative to foreclosure. To the extent permitted by applicable law, the Servicer must not rescind the foreclosure sale until the Borrower executes the applicable agreement, makes the appropriate payment (if required) and otherwise complies with the terms of the alternative to foreclosure. ■ Subsequent to Freddie Mac’s receipt and processing of the rollback, if the Borrower does not comply with the requirements of the applicable alternative to foreclosure, the Servicer must cancel the agreement and notify Freddie Mac via the Servicing Data Corrections tool within one Business Day of the cancelation. Additionally, the Servicer must comply with all other reporting requirements applicable to the specific alternative to foreclosure, and re-report the foreclosure sale results immediately following all other reporting requirements being completed. ■ Post-sale alternative to foreclosure reviews and/or approvals are generally prohibited. A rollback request due to the approval of an alternative to foreclosure after the foreclosure sale will not be processed by Freddie Mac except for reasons noted in this Section 9301.10(a)(i) or any other applicable Guide sections. However, if payments are made and applied by the Servicer after the foreclosure sale, in absence of a pre-sale agreement, it may be in Freddie Mac’s best interest to process a rollback. For all rollback requests, the Servicer must ensure that title vests to the appropriate party in the event the rollback has been processed, and/or the foreclosure sale has been rescinded. The Servicer does not need to request a rollback if the Servicer reported that a third party purchased the property at the foreclosure sale, erroneously or otherwise, and needs to report that Freddie Mac acquired the property at the foreclosure sale. Instead, the Servicer must re-report the foreclosure sale results within one Business Day of the Servicer’s determination that Freddie Mac acquired the property at the foreclosure sale. (ii) Compensatory fee for failing to comply with reporting requirements The Servicer will be assessed a compensatory fee in an amount equal to $1,000 per occurrence for administrative costs plus any third-party costs when Freddie Mac must process a rollback in accordance with Section 9301.10(a)(i). Freddie Mac will not reimburse foreclosure fees and costs for the improper foreclosure that resulted in a rollback. Freddie Mac will bill the Servicer for such compensatory fees on the Servicer NonPerforming Loans Invoice. Refer to Section 9102.1 for information on the payment of Servicer Non-Performing Loans Invoices via an Automated Clearing House draft. Freddie Mac considers the notification to be correctly reported when Freddie Mac has received and successfully processed the foreclosure sale/deed-in-lieu of foreclosure submission without errors.
bDelivery of clear and marketable title (i) Property located in a…1,951 ch
(b) Delivery of clear and marketable title (i) Property located in a State without a redemption or confirmation period When the Servicer is the purchaser of the property at a foreclosure sale, it must ensure that the foreclosure counsel provides Freddie Mac with clear and marketable title to the property after the foreclosure sale. The title must be free of any liens, claims, defects and encumbrances. The title must be marketable so Freddie Mac can sell the property freely to others. Issuance or purchase of a letter of indemnity, title insurance or similar form of indemnification does not constitute, and may not be used in lieu of, provision of clear and marketable title to the Mortgaged Premises. The Servicer must instruct the foreclosure counsel to: 1. Submit the foreclosure deed for recordation within one Business Day after receipt of the deed 2. Obtain the recorder’s receipt as evidence that the deed was presented for recordation 3. Send the Servicer the recorder’s receipt within three Business Days after receiving it from the recorder 4. Provide the recorded deed to the Servicer within three Business Days after receiving the deed from the recorder’s office. The Servicer must retain the deed in the Mortgage file (ii) Property located in a State with a redemption or confirmation period After the redemption period has expired or the foreclosure sale has been confirmed, the Servicer must ensure that clear and marketable title is obtained as stated in Section 9301.10(b)(i). Executing documents If Freddie Mac needs to execute a document for the Servicer to process the foreclosure, or execute a document related to a foreclosure sale, the Servicer must submit Form 105, Multipurpose Loan Servicing Transmittal, to Freddie Mac (see Directory 5) with all supporting documentation, which may include, but is not limited to, the last recorded document in the chain of title, and include the document Freddie Mac needs to execute.
cVesting the title and avoiding transfer taxes After the…3,094 ch
(c) Vesting the title and avoiding transfer taxes After the foreclosure sale, or when closing a deed-in-lieu of foreclosure transaction, the Servicer must ensure that title to the property is vested to the appropriate party. (See Section 9209.6 regarding closing, reporting and remittance requirements for a deed-in-lieu of foreclosure transaction.) (i) Conventional Mortgages After the foreclosure sale (if the property is not purchased by a third party) or when closing a deed-in-lieu of foreclosure transaction, the Servicer must ensure that title to the property is vested in Freddie Mac’s name; that is, unless it is in Freddie Mac’s best interest to have the title to the property vested in the Servicer’s name after the foreclosure sale. In such cases, the Servicer must then have the title to the property transferred to Freddie Mac via special warranty deed or quitclaim deed and must ensure that the transfer of title will not impair Freddie Mac’s sale of the REO. In Florida, a special warranty deed is required to transfer the title to the property to Freddie Mac. If applicable, the transfer to Freddie Mac’s name should generally be completed within 30 days of vesting the title in the Servicer’s name. Example: If having the title to the property vested in the Servicer’s name after the foreclosure sale limits the liability for Freddie Mac to reimburse homeowners association (HOA) assessments, then the Servicer should proceed in such a manner. If the Servicer determines it is in Freddie Mac’s best interest, the Servicer must record in the Mortgage file the decision to vest the title in the Servicer’s name and the basis for its decision. After the foreclosure sale, or when closing a deed-in-lieu of foreclosure transaction, title to the property should be vested in a manner that does not result in an obligation to pay transfer taxes. Freddie Mac will not reimburse the Servicer for any transfer taxes, unless: ■ Local authorities require the Servicer to pay the transfer tax in order to record a deed and ensure that title vests appropriately ■ The transfer tax is paid under protest ■ The Servicer submits the request for written pre-approval (RPA) for reimbursement of the transfer tax via PAID (Payments Automated Intelligent and Dynamic) (see Exhibit 88, Servicing Tools) (see Section 9701.4(a)), and ■ Counsel could not process the foreclosure and/or the deed-in-lieu of foreclosure transaction in a manner that would successfully avoid the imposition of the transfer tax obligation Servicers will not be reimbursed for transfer taxes if any of the above conditions and requirements do not exist or are not met. If the foreclosure involves a Manufactured Home in a certificate of title State, the Servicer must conduct the replevin or other legal action necessary to repossess the home in the Servicer’s name and have the new certificate of title issued in Freddie Mac’s name. (ii) Mortgages insured by the FHA or guaranteed by the VA or RHS The Servicer must follow FHA, VA or RHS guidelines for conveying title to the foreclosed property to the applicable agency.

Source: Freddie Mac Single-Family Seller/Servicer Guide 9301.10 — Post-foreclosure requirements and title considerations · source URL · snapshot 4c94f67729042dd6

Operationalizing Freddie Mac Single-Family Seller/Servicer Guide 9301.10 — Post-foreclosure requirements and title considerations

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Source of record: https://claudeforcompliance.com/regs/fhlmc-9301-10/ · register fhlmc-9301-10 · Claude for Compliance. Free to read and download; see regulatory updates and methodology.