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Financial Services Law Insights and Observations

Fannie and Freddie announce new disaster payment deferral

Federal Issues Fannie Mae Freddie Mac GSE Loss Mitigation Mortgages Mortgage Servicing

Federal Issues

On July 15, Fannie Mae and Freddie Mac introduced a new home-retention workout option, the “disaster payment deferral,” for borrowers experiencing financial hardship. According to Fannie Mae’s Lender Letter LL-2020-11 and Freddie Mac’s Guide Bulletin 2020-28, the disaster payment deferral would bring the borrower current on their mortgage by deferring the delinquency amount (which includes up to 12 months of past-due principal and interest payments; out-of-pocket escrow advances paid to third parties; and servicing advances paid to third parties in the ordinary course of business) as a non-interest bearing balance, due and payable at liquidation, refinance, or maturity. To qualify for the program, an eligible disaster event is defined as (i) a financial hardship that impacts the borrower's ability to pay their contractual monthly payment; and (ii) either: the property securing the mortgage loan experienced an insured loss, the property securing the mortgage loan is located in an eligible FEMA-Declared Disaster Area, or the borrower's place of employment is located in an eligible FEMA-Declared Disaster Area. Among other requirements detailed by the Lender Letter and Bulletin, servicers must confirm that the borrower has resolved the financial hardship and have the ability to continue paying the contractual monthly payments. Servicers must begin evaluating borrowers for the disaster payment deferral beginning July 1.