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 * / F-1-21, Reporting a Delinquent Mortgage Loan via Fannie Mae


F-1-21: REPORTING A DELINQUENT MORTGAGE LOAN VIA FANNIE MAE’S SERVICING
SOLUTIONS SYSTEM (07/14/2021)

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INTRODUCTION

This Servicing Guide Procedure contains the following:

 * When to Report Delinquency Status Information 
 * What to Report for a Delinquent Mortgage Loan 
 * How to Report Delinquent Status Information 
 * How to Identify and Correct Exceptions 
 * Delinquency Status Code File Layout 
 * Delinquency Status Code Hierarchy and Definitions 
 * Reason for Delinquency Codes 

 

WHEN TO REPORT DELINQUENCY STATUS INFORMATION

The servicer must report delinquency status information to Fannie Mae through
Fannie Mae’s servicing solutions system in accordance with D2-4-01, Reporting a
Delinquent Mortgage Loan to Fannie Mae.

By the second business day of each month, the servicer must report delinquency
status information as part of its next scheduled delinquency status report for
any mortgage loan, including regular servicing option MBS mortgage loans, that
was either

 * 30 or more days delinquent as of the last day of the preceding month; or

 * for which an action was taken to manage the delinquency (such as granting
   forbearance, agreeing to a mortgage loan modification, filing for bankruptcy,
   etc.) during the preceding month, even if the mortgage loan was current or
   less than 30 days delinquent.

 

WHAT TO REPORT FOR A DELINQUENT MORTGAGE LOAN

The servicer must advise Fannie Mae of the action it plans to take or has taken
until the mortgage loan becomes current (or liquidated) by reporting

 * the appropriate delinquency status code that best describes the latest action
   the servicer has taken to manage a delinquency or, if that failed, to
   liquidate the mortgage loan (see Delinquency Status Code Hierarchy and
   Definitions for additional information);
   
   Note: The reporting of a specific delinquency status code does not relieve
   the servicer of the need to satisfy other requirements Fannie Mae has
   regarding providing its Fannie Mae Servicing Representative (see F-4-02, List
   of Contacts) with advance notice about a given action or requesting Fannie
   Mae’s prior approval before it takes a particular action;

 * the effective date of the delinquency status being reported, if applicable
   (e.g., the month in which mortgage loan payments first become subject to a
   forbearance or repayment plan or the month in which the borrower files a
   bankruptcy action, etc.);

 * the workout option program type code, if applicable;

 * the completion date of the delinquency status being reported, if applicable;
   and

 * the reason for delinquency.
   
   Note: Several different “reason for delinquency” codes could apply to an
   individual mortgage loan; however, the servicer must report the one that
   appears to be the primary reason for the borrower’s failure to make his or
   her monthly payments.

The data submitted must be accurate, complete, timely, and must agree with the
servicer’s records. Fannie Mae relies on accurate reporting by a servicer to
track compliance with timing requirements and restrictions.

The following table indicates what the servicer must report when the mortgage
loan was reported to Fannie Mae as delinquent in the prior reporting cycle.

When a mortgage loan was reported in the prior reporting cycle and… Then the
servicer...

none of delinquency status information has changed

must re-transmit the same delinquency status information that it previously
reported for the mortgage loan.

the delinquency status information has changed

must report the new delinquency status information.

Note: The servicer must report the delinquency status code; the effective date
and completion date of the delinquency status being reported, if applicable; and
the “reason for delinquency” code even if only one of them has changed.

a delinquency status code no longer applies because the mortgage loan has been
reinstated (and the servicer reported a current LPI date through Fannie Mae’s
investor reporting system)

will no longer need to report delinquency status information to Fannie Mae for
that mortgage loan.

a delinquency status code no longer applies because the mortgage loan has been
liquidated (and the servicer reported a liquidation action code through Fannie
Mae’s investor reporting system)

 

HOW TO REPORT DELINQUENT STATUS INFORMATION

The servicer is authorized to transmit delinquency status information to Fannie
Mae through Fannie Mae’s servicing solutions system or via business-to-business
electronic file transfer. The record layout for the servicer’s delinquent
mortgage loan file extract must be the same regardless of the transmission
method it chooses. See Delinquency Status Code File Layout for additional
information.

 

HOW TO IDENTIFY AND CORRECT EXCEPTIONS

On the second calendar day following the second business day of the month,
Fannie Mae will make the following reports related to invalid and illogical
reporting of delinquency status and reason codes available in AMN:

 * Delinquency Exception Summary Report-summarizes the types of exceptions for a
   particular servicer, and

 * Delinquency Exception Details Report-provides the loan level details for the
   various exceptions.

The servicer must obtain and review these reports. The following table outlines
the actions that the servicer must take to reconcile any exceptions identified
by Fannie Mae.

Step Servicer Action 1

Determine the appropriate corrections to resolve each exception.

2

By the 10th calendar day of the month in which the exception report was issued,
make corrections through Fannie Mae’s servicing solutions system.

3

On the 11th calendar day of the month, receive from Fannie Mae

 * an updated final exception report, and

 * a summary of what was reported during the month.

4

Use the final exception reports to reconcile the information on its systems.

 

DELINQUENCY STATUS CODE FILE LAYOUT

The record layout detailed in the following table must be used for the
delinquent mortgage loan file extract.

# Data Element Position Format Required Field Definition 1 Servicer Number 1-9 9
N/ 9(9) Yes Fannie Mae-assigned servicer number. 2 Space 10 X(1) Yes   3 Fannie
Mae Loan Number 11-20 10 AN / 9(10) Yes 10-digit unique Fannie Mae- assigned
loan number. 4 Space 21 X(1) Yes   5 Delinquency Status Code 22-23 2 AN / X(2)
Yes The latest action or stage of a specific action for a mortgage in each
reporting cycle. 6 Space 24 X(1) Yes   7 Reason for Delinquency Code 25-27 3 AN
/ X(3) Yes Describes the circumstance that appears to be the primary
contributing factor to the delinquency. 8 Space 28 X(1) Yes   9 Default
Effective Date 29-36 8 N / 9(8) Required for codes 09, 12, 15, 17, 80, BF and
AW. Date the delinquency status code becomes effective. 10 Space 37 X(1) Yes  
11 Default Completion Date 38-45 8 N / 9(8) Required for codes 09, 12,15, 17 and
BF. Date the delinquency status was completed. 12 Space 46 X(1) Yes   13
Forbearance Program Type Code 47 1 N / X(1) Required for reporting forbearance
program type

Indicates what type of forbearance plan the borrower is on:

 * 0 = Forbearance

14 Space 48 X(1) Yes   15 Imminent Default Indicator 49 1 N / X(1) Required for
reporting when the Forbearance Program Type Code is a value other than 0.

Indicates the loan has been placed in forbearance because the borrower has been
determined to be in imminent default.

 * 1 = YES or

 * 0 = NO or Space (Empty)

16 Space 50 X(1) Yes   17 Forbearance Program Payment Amount 51 -61 11 N /
9(8).99 Required for reporting when the Forbearance Program Type Code is a value
other than 0.

The forbearance program payment amount is the amount agreed to, not the actual
amount received.

If the value is short of length, prefix with zeros and suffix with zeros after
the decimal.

18 Space 62 X(1) Yes   19 Forbearance Program Payment Date 63 -70 8 AN / X(1)
Required for reporting forbearance program payment date Date the forbearance
payment was received during the last reporting month. 20 Space 71 X(1) Yes   21
Ninety Plus New Layout Indicator 72-75 4 AN / X(4) Required for reporting
forbearance program

Enter 4 spaces.

22 Space 76 X(5) Yes  

 

DELINQUENCY STATUS CODE HIERARCHY AND DEFINITIONS

Each of the delinquency status codes in the following tables can be applied to a
given mortgage loan at any point in the delinquency process. The codes are not
always mutually exclusive; however, the servicer must report only one code (that
may change from month to month) based on Fannie Mae’s delinquency status code
hierarchy for each delinquent mortgage loan in each reporting cycle.

When multiple delinquency status codes are applicable to an individual loan, the
servicer must use the appropriate delinquency status code in the highest
priority. Priority Level 1, Priority Level 2, and Priority Level 3 delinquency
status codes are mutually exclusive, meaning only one delinquency status code
within each priority level can apply during a reporting cycle. If the most
appropriate delinquency status code is in a priority level in which the codes
are not mutually exclusive, the servicer must determine the delinquency status
code that best describes the latest action it has taken to cure the delinquency
or to liquidate the mortgage loan.

The servicer must continue to report the appropriate delinquency status code
based on the hierarchy and the effective date of the action taken until the
delinquency has been resolved or the delinquency status action is complete.

Note: If the description does not provide a definition of the effective date,
then the servicer must report the date the action was taken.

Note: Unlike Fannie Mae’s other workout options, payment deferral and disaster
payment deferral do not have a unique workout option delinquency status code. In
the month in which the payment deferral or disaster payment deferral is
completed and the mortgage loan is reflected as current in Fannie Mae’s investor
reporting system, if no other delinquency status code is applicable to a
mortgage loan subject to a payment deferral or disaster payment deferral, the
servicer is not required to report delinquency status information to Fannie Mae.

For payment deferral, until the payment deferral is completed and the mortgage
loan is reflected as current in Fannie Mae’s investor reporting system, if no
other delinquency status code is applicable to a mortgage loan subject to a
payment deferral, the servicer must continue to report delinquency status code
42 - Delinquent, No Action.

Priority Level 1 Codes for Approved Workout Options Code Name Definition BF
Trial Modification

The borrower has been approved to participate in a mortgage loan modification
that requires a Trial Period Plan, even if the borrower files bankruptcy. This
code should remain until all scheduled Trial Period Plan payments have been
received and the delinquency status code is changed to reflect the most
appropriate status.

 * The Effective Date is the first day of the month in which the first Trial
   Period Plan payment is due.

 * The Completion Date is the last day of the month in which the Trial Period
   Plan has ended.

09 Forbearance

The servicer has authorized a temporary suspension of payments or has agreed to
accept payments less than the borrower’s scheduled monthly payment for a
specified period of time. 

17 Short Sale Approved/Offer Received

A contract or offer has been received for a short sale and Fannie Mae has
approved the offer.

 * The Effective Date is the date on which the contract or offer is received.

 * The Completion Date is the anticipated closing date.

12 Repayment Plan

The servicer has an agreement with the borrower for the acceptance of regularly
scheduled monthly payments plus an additional amount over a prescribed number of
months to bring the mortgage loan current.

 * The Effective Date is the first scheduled monthly or biweekly payment due
   under the repayment plan.

 * The Completion Date is the last scheduled payment date.

27 Assumption

An assumption of the mortgage loan debt has been assumed by a third-party. In
this scenario, a Trial Period Plan or mortgage loan modification has not been
offered to the new borrower.

Note: If an assumption is completed with a modification, the servicer must
report either the Trial Period Plan or Modification code.

28 Modification

The borrower has successfully completed all scheduled mortgage modification
Trial Period Plan payments and the Loan Modification Agreement has been sent to
the borrower. This code should remain until the loan has been converted to a
permanent modification.

29 Charge-off

Fannie Mae has agreed that it is not in its best interests to pursue collection
efforts or legal actions against the borrower because of a reduced value for the
property, a low outstanding mortgage loan balance, or the presence of certain
environmental hazards on the property.

32 Military Indulgence

The servicer has granted a delinquent servicemember a stay of foreclosure
proceedings under a military indulgence or any similar applicable law.

44 Mortgage Release

Fannie Mae authorized the servicer to accept a voluntary conveyance of the
property instead of acquiring the property through foreclosure proceedings.

Priority Level 2 Complete Borrower Response Package Code Name Definition H5
Complete BRP

The completed BRP has been received. This code must only be reported in the
month the complete BRP is received. If an approved workout option (Level 1) was
established in the same reporting cycle in which the complete BRP was received,
the servicer must report the appropriate workout delinquency status code.

 * The Effective Date is the date that the completed workout package is
   received.

Priority Level 3 Bankruptcy–related Codes Code Name Definition 3L Bankruptcy
Chapter 7 – Asset Case

Notification to Fannie Mae that the Chapter 7 bankruptcy will remain in effect
longer than normal due to trustee-found assets.

3M Bankruptcy – Property Surrendered

The property has been surrendered as part of the bankruptcy.

59 Chapter 12 Bankruptcy

The borrower has filed for bankruptcy under Chapter 12 of the U.S. Bankruptcy
Code.

65 Chapter 7 Bankruptcy

The borrower has filed for bankruptcy under Chapter 7 of the U.S. Bankruptcy
Code.

Note: If the Chapter 7 is an Asset Case, the servicer must report the
delinquency status code – 3L.

66 Chapter 11 Bankruptcy

The borrower has filed for bankruptcy under Chapter 11 of the U.S. Bankruptcy
Code.

67 Chapter 13 Bankruptcy

The borrower has filed for bankruptcy under Chapter 13 of the U.S. Bankruptcy
Code. The Chapter 13 has not been confirmed by the bankruptcy court.

69 Chapter 13 Bankruptcy Plan – Post-Petition Period Utilize

The Chapter 13 plan has been confirmed by the bankruptcy court.

 * The Effective Date is the first month after the month in which the plan is
   confirmed.

Priority Level 4 Foreclosure-related Codes Code Name Definition 20 Reinstatement

The servicer has accepted funds from a borrower on a mortgage loan that is in
foreclosure to be applied to the loan to partially reinstate the mortgage loan.

24 Drug Seizure

The DOJ (or any other state or federal agency) has decided to seize (or has
seized) a property under the forfeiture provision of the Controlled Substances
Act.

30 Third-Party Sale

A successful third-party bidder was awarded the property at the foreclosure
sale.

31 Probate

The servicer cannot pursue (or complete) foreclosure action because proceedings
relating to a deceased borrower's estate are in process. This code must be
reported until probate is resolved.

33 Contested or Litigated Foreclosure

The file is in a contested or litigated foreclosure status and is pending
resolution.

 * The Effective Date is the date on which the answer to the complaint was filed
   or litigation was engaged.

43 Foreclosure

The servicer has referred the case to an attorney (or trustee) to take legal
action to acquire the property through a foreclosure sale.

61 Second Lien Considerations

Applies to a second lien mortgage loan to indicate that the servicer is
evaluating the advantages and disadvantages of pursuing a foreclosure action or
recommending that the debt be charged off.

63 Veterans Affairs—Refund

The Department of Veterans Affairs has requested information about a
VA-guaranteed mortgage loan the servicer referred for foreclosure in order to
reach a decision about whether to accept an assignment for purposes of refunding
the mortgage loan to avoid foreclosure.

71 Foreclosure Sale Scheduled

The foreclosure sale is scheduled.

 * The Effective Date is the date on which the foreclosure sale is initially
   scheduled to occur.

94 Judgment or Decree Entered

The mortgage loan is in foreclosure and the judgment or decree has been entered.
The code should remain until the foreclosure sale is scheduled.

95 Foreclosure Sale Continued

The foreclosure sale was delayed as a result of postponement, attorney delay, or
other reason.

BE Title Issue in Progress

The foreclosure proceedings are delayed due to title issues and are pending
resolution.

BG Pre-File Mediation/ Mediation

The mortgage loan has been referred to mediation. For loans that have been
previously referred to an attorney for foreclosure, this code must not be used
until the servicer is notified by the attorney that the loan has been referred
to mediation. Once notified of the referral to mediation, this code must then
replace the existing status code.

Priority Level 5 Collection-related Codes Code Name Definition AW Quality Right
Party Contact

QRPC has been established but the servicer has not identified a specific
solution for resolving the borrower’s delinquency. This code must only be
reported for one month.

 * The Effective Date is the date that the QRPC was established.

15 Short Sale Approved/Marketing Property

The borrower has been approved to participate in a short sale and is actively
marketing the property, but an offer has not yet been received or the borrower
is making reduced or suspended payments during a short sale marketing period.

 * The Effective Date is the date the borrower has been approved to participate
   in a short sale.

 * The Completion Date is the anticipated ending date of the property listing.

42 Delinquent, No Action

The mortgage loan is 30+ days delinquent, but the servicer has not taken legal
action. The servicer must then report this code until the servicer is able to
establish QRPC and determine an appropriate course of action.

80 Breach Letter Sent

The breach or acceleration letter has been sent and the mortgage loan has not
yet been referred to an attorney (or trustee) for foreclosure proceedings.

 * The Effective Date is the date on which the breach letter was sent.

Priority Level 6 Other Codes Code Name Definition 26 Refinance

The servicer is aware that the borrower is pursuing an arrangement whereby the
existing first-lien mortgage loan will be refinanced (paid off).

Note: This code must only be reported for one month.

49 Assignment

A mortgage loan is in the process of being assigned to the insurer or guarantor.

 

REASON FOR DELINQUENCY CODES

Code Name Definition 001 Death of Borrower

The delinquency is attributable to the death of the borrower.

002 Illness of Borrower

The delinquency is attributable to a prolonged illness that keeps the borrower
from working and generating income.

003 Illness of Borrower's Family Member

The delinquency is attributable to the borrower having incurred extraordinary
expenses as the result of the illness of a family member (or having taken on the
sole responsibility for repayment of the mortgage debt as the result of the
co-borrower's illness).

004 Death of Borrower's Family Member

The delinquency is attributable to the borrower having incurred extraordinary
expenses as the result of the death of a family member (or having taken on the
sole responsibility for repayment of the mortgage debt as the result of the
co-borrower's death).

005 Marital Difficulties

The delinquency is attributable to problems associated with a separation or
divorce, such as a dispute over ownership of the property, a decision not to
make payments until the divorce settlement is finalized, a reduction in the
income available to repay the mortgage debt.

006 Curtailment of Income

The delinquency is attributable to a reduction in the borrower's income, such as
a garnishment of wages, a change to a lower paying job, reduced commissions or
overtime pay, or loss of a part-time job.

007 Excessive Obligations

The delinquency is attributable to the borrower having incurred excessive debts
(either in a single instance or as a matter of habit) that prevent him or her
from making payments on both those debts and the mortgage debt.

008 Abandonment of Property

The delinquency is attributable to the borrower having abandoned the property
for reason(s) that are not known by the servicer (because the servicer has not
been able to locate the borrower).

009 Distant Employment Transfer

The delinquency is attributable to the borrower being transferred or relocated
to a distant job location and incurring additional expenses for moving and
housing in the new location, which affects his or her ability to pay both those
expenses and the mortgage debt.

011 Property Problem

The delinquency is attributable to the condition of the improvements or the
property (for example, substandard construction, expensive and extensive repairs
needed, subsidence of sinkholes on property, impaired rights of ingress and
egress) or the borrower's dissatisfaction with the property or the neighborhood.

012 Inability to Sell Property

The delinquency is attributable to the borrower having difficulty in selling the
property.

013 Inability to Rent Property

The delinquency is attributable to the borrower needing rental income to make
the monthly payments and having difficulty in finding a tenant for a one-unit
investment property or for one- or four-unit property.

014 Military Service

The delinquency is attributable to the borrower having entered active duty
status and his or her military pay not being sufficient to enable the continued
payment of the existing mortgage debt.

015 Other

The delinquency is attributable to reasons that are not otherwise included in
this list of applicable codes.

016 Unemployment

The delinquency is attributable to a reduction in income resulting from a
borrower having lost his or her job.

017 Business Failure

The delinquency is attributable to a self-employed borrower having a reduction
in income and/or excessive obligations that are the direct result of the failure
of his or her business to remain a viable entity or, at least, to generate
sufficient profit that the borrower can rely on to meet his or her personal
obligations.

019 Casualty Loss

The delinquency is attributable to the borrower having incurred a sudden,
unexpected property loss as a result of fire, storm, theft, earthquake, or
flood.

022 Energy-Environment Costs

The delinquency is attributable to the borrower having incurred excessive
energy-related costs or costs associated with the removal of environmental
hazards in, on, or near the property.

023 Servicing Problems

The delinquency is attributable to the borrower being dissatisfied with the way
the servicer is servicing the mortgage loan or with the fact that servicing of
the mortgage loan has been transferred to a new servicer.

026 Payment Adjustment

The delinquency is attributable to the borrower being unable to make a new
payment that resulted from an increase related to a scheduled payment change for
a graduated-payment or ARM loan; increased monthly escrow accruals that are
needed to pay higher taxes, insurance premiums, or special assessments; or the
spreading of the amount needed to repay an escrow shortage over the next year.

027 Payment Dispute

The delinquency is attributable to a disagreement between the borrower and the
servicer about the amount of the monthly payment, the acceptance of a partial
payment, or the application of previous payments that results in the borrower's
refusal to make the payment(s) until the dispute is resolved.

029 Transfer of Ownership Pending

The delinquency is attributable to the borrower having agreed to sell the
property and deciding not to make any additional payments.

030 Fraud

The delinquency is attributable to a legal dispute arising out of a fraudulent
or illegal action that occurred in connection with the origination of the
mortgage loan (or later).

031 Unable to Contact Borrower

The reason for the delinquency cannot be ascertained because the borrower cannot
be located or has not responded to the servicer's inquiries.

INC Incarceration

The delinquency is attributable to the borrower having been jailed or imprisoned
(regardless of whether he or she is still incarcerated).

Related Announcements

The following table provides references to Announcements that are related to
this topic.

Announcements Issue Date Announcement SVC-2021-04 July 14, 2021 Announcement
SVC-2021-01 January 20, 2021 Announcement SVC-2020-07 December 9, 2020
Announcement SVC-2020-04 September 9, 2020 Announcement SVC-2020-02 June 10,
2020 Announcement SVC-2020-01 February 12, 2020 Announcement SVC-2018-04 June
13, 2018 Announcement SVC–2015–05 April 8, 2015 Announcement SVC–2015–04 March
18, 2015

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