Fannie Mae Lender Letter LL-2020-11: Disaster Payment Deferral

Updated 8/27/20: LL-2020-11 has been revised to clarify the intent of certain requirements in response to servicer inquiries. Additionally, an update has been made to the authority to offer an initial forbearance plan of up to three months without achieving quality right party contact in certain circumstances in connection with a disaster event.

LL-2020-11 (Disaster Payment Deferral)

Additional Related Updates:

LL-2020-07 (COVID-19 Payment Deferral)

LL-2020-05 (Payment Deferral)

Investor Update
July 15, 2020

Source: Fannie Mae

With Lender Letter LL-2020-05, Payment Deferral, we announced payment deferral, a new retention workout option jointly developed with Freddie Mac at the direction of the Federal Housing Finance Agency (FHFA). That workout option was created to assist borrowers who became delinquent due to a short-term hardship that has since been resolved. Subsequently, with Lender Letter LL-2020-07, COVID-19 Payment Deferral, we announced COVID-19 payment deferral, a new retention workout option also jointly developed with Freddie Mac at the direction of FHFA and designed to help borrowers impacted by a hardship related to COVID-19 return their mortgage to a current status after up to 12 months of missed payments.

With this Lender Letter, Fannie Mae is introducing disaster payment deferral, a new retention workout option created to assist borrowers with a disaster-related hardship return their mortgage to a current status after up to 12 months of missed payments. Disaster payment deferral offers servicers:

▪ A solution that is simple to explain to borrowers, as the amount of their delinquency moves into a non-interest bearing balance, due and payable at maturity of the mortgage loan or earlier payoff; and all other terms of the mortgage remain unchanged.

▪ No trial period, resulting in fewer borrower touchpoints than required for modifications.

▪ An efficient automated process through Servicing Management Default Underwriter™ for evaluation and decisioning case submissions.

This Lender Letter contains the following:

▪ Determining eligibility for a disaster payment deferral
▪ Determining eligibility for a disaster payment deferral for a Texas Section 50(a)(6) loan
▪ Performing an escrow analysis
▪ Determining the disaster payment deferral terms
▪ Completing a disaster payment deferral
▪ Soliciting the borrower for a post-forbearance disaster payment deferral
▪ Soliciting the borrower for a Fannie Mae Flex Modification
▪ Processing a disaster payment deferral for an MBS mortgage loan
▪ Reporting a delinquency status code for a disaster payment deferral
▪ Reporting a disaster payment deferral to Fannie Mae
▪ Processing a disaster payment deferral for a mortgage loan with mortgage insurance
▪ Handling fees and late charges in connection with a disaster payment deferral
▪ Incentive fees
▪ Servicing fees
▪ Paying expenses and requesting reimbursement related to a disaster payment deferral
▪ Default after completing a disaster payment deferral
▪ Evaluation hierarchy for a borrower impacted by a disaster
▪ Update to Fannie Mae Flex Modification eligibility criteria
▪ Updates to the Investor Reporting Manual

Effective: As of Oct. 1, 2020, servicers must evaluate borrowers for a disaster payment deferral in accordance with this Lender Letter in lieu of Extend Modification for Disaster Relief and Cap and Extend Modification for Disaster Relief, which will be retired as of such date.

To access full Lender Letter, please click the source link above.

Fannie Mae: SVC-2020-03: Servicing Guide Updates

Investor Update
July 15, 2020

Source: Fannie Mae

The Servicing Guide has been updated to include changes to the following:

▪ Loss draft updates*: simplifies our loss draft disbursement policies while managing risk.

▪ Revisions to post-disaster credit reporting requirements*: removes instructions to suspend credit reporting for borrowers impacted by a disaster.

▪ Payment reminder notice for mortgage loans in an active forbearance*: authorizes the servicer to not send a payment reminder notice to borrowers in an active forbearance plan.

▪ Miscellaneous revisions*: promotes borrower awareness of our Disaster Response Network, discusses policies previously communicated regarding P&I drafting changes, and updates the servicer’s requirements when submitting a charge-off request to us.

*Policy change not applicable to reverse mortgage loans.

For full update, please click the source link above.

FEMA Declared Disaster Alabama

FEMA Alert
July 10, 2020

FEMA issued a Presidential Major Disaster Declaration for areas in Alabama affected by severe storms, straight-line winds and tornadoes that took place on April 19, 2020.

The following counties are eligible for assistance:

Public Assistance

  • Barbour
  • Chilton
  • Coffee
  • Coosa
  • Covington
  • Crenshaw
  • Dale
  • Henry
  • Pike
  • Tallapoosa

Alabama Severe Storms, Straight-Line Winds and Tornadoes (DR-4554)

FEMA Declared Disaster Alabama: ZIP Code List


Additional Resources

FEMA’s web site

FEMA’s Disaster Declaration Process

Safeguard Properties Industry Alerts

HUD Moratorium on Foreclosure

VA’s Policy Regarding Natural Disasters

Freddie Mac Disaster Relief Policies

Fannie Mae’s Natural Disaster Relief Policies

FEMA Declared Disaster Alabama

FEMA Alert
July 10, 2020

FEMA issued a Presidential Major Disaster Declaration for areas in Alabama affected by severe storms that took place April 12-13, 2020.

The following counties are eligible for assistance:

Public Assistance

  • Blount
  • Cullman
  • DeKalb
  • Etowah
  • Jackson
  • Marshall
  • Walker

Alabama Severe Storms (DR-4555)

FEMA Declared Disaster Alabama: ZIP Code List


Additional Resources

FEMA’s web site

FEMA’s Disaster Declaration Process

Safeguard Properties Industry Alerts

HUD Moratorium on Foreclosure

VA’s Policy Regarding Natural Disasters

Freddie Mac Disaster Relief Policies

Fannie Mae’s Natural Disaster Relief Policies

FEMA Declared Disaster Arkansas

FEMA Alert Update
August 21, 2020

FEMA issued an update to a Presidential Major Disaster Declaration for areas in Arkansas affected by severe storms and straight-line winds that took place on April 12, 2020.

The following counties are eligible for assistance:

Public Assistance

  • Monroe
  • Philips

Arkansas Severe Storms and Straight-Line Winds (DR-4556 Amendment 1)

FEMA Declared Disaster Arkansas: ZIP Code List

 

FEMA Alert
July 10, 2020

FEMA issued a Presidential Major Disaster Declaration for areas in Arkansas affected by severe storms and straight-line winds that took place on April 12, 2020.

The following counties are eligible for assistance:

Public Assistance

  • Arkansas
  • Bradley
  • Cleveland
  • Dallas
  • Desha
  • Drew
  • Grant
  • Jefferson
  • Lincoln
  • Ouachita

Arkansas Severe Storms and Straight-Line Winds (DR-4556)

FEMA Declared Disaster Arkansas: ZIP Code List


Additional Resources

FEMA’s web site

FEMA’s Disaster Declaration Process

Safeguard Properties Industry Alerts

HUD Moratorium on Foreclosure

VA’s Policy Regarding Natural Disasters

Freddie Mac Disaster Relief Policies

Fannie Mae’s Natural Disaster Relief Policies

FEMA Declared Disaster Utah Earthquake and Aftershock

FEMA Alert Update
December 31, 2020

FEMA issued an update to a Presidential Major Disaster Declaration for areas in Utah affected by an earthquake and aftershocks that took place March 18 to April 17, 2020.

The following additional county is eligible for assistance:

Public Assistance

  • Salt Lake

Utah Earthquake and Aftershocks (DR-4548 Amendment 1)

FEMA Declared Disaster Utah: ZIP Code List

 

FEMA Alert
July 9, 2020

FEMA issued a Presidential Major Disaster Declaration for areas in Utah affected by an earthquake and aftershocks that took place March 18 to April 17, 2020.

The following counties are eligible for assistance:

Individual Assistance

  • Davis
  • Salt Lake

Utah Earthquake and Aftershocks (DR-4548)

FEMA Declared Disaster Utah: ZIP Code List


Additional Resources

FEMA’s web site

FEMA’s Disaster Declaration Process

Safeguard Properties Industry Alerts

HUD Moratorium on Foreclosure

VA’s Policy Regarding Natural Disasters

Freddie Mac Disaster Relief Policies

Fannie Mae’s Natural Disaster Relief Policies

FEMA Declared Disaster Mississippi

FEMA Alert
July 9, 2020

FEMA issued a Presidential Major Disaster Declaration for areas in Mississippi affected by severe storms, tornadoes, straight-line winds and flooding that took place April 22-23, 2020.

The following counties are eligible for assistance:

Public Assistance

  • Amite
  • Claiborne
  • Covington
  • George
  • Jefferson Davis
  • Jones
  • Lawrence
  • Pike
  • Simpson
  • Smith
  • Wayne

Mississippi Severe Storms, Tornadoes, Straight-Line Winds and Flooding (DR-4551)

FEMA Declared Disaster Mississippi: ZIP Code List


Additional Resources

FEMA’s web site

FEMA’s Disaster Declaration Process

Safeguard Properties Industry Alerts

HUD Moratorium on Foreclosure

VA’s Policy Regarding Natural Disasters

Freddie Mac Disaster Relief Policies

Fannie Mae’s Natural Disaster Relief Policies

FEMA Declared Disaster Missouri

FEMA Alert
July 9, 2020

FEMA issued a Presidential Major Disaster Declaration for areas in Missouri affected by severe storms, tornadoes, straight-line winds and flooding that took place May 3-4, 2020.

The following counties are eligible for assistance:

Public Assistance

  • Bates
  • Butler
  • Carter
  • Dallas
  • Douglas
  • Dunklin
  • Henry
  • Hickory
  • Howell
  • Laclede
  • New Madrid
  • Oregon
  • Pemiscot
  • Polk
  • Ripley
  • Shannon
  • Stoddard
  • Wayne
  • Wright

Missouri Severe Storms, Tornadoes, Straight-Line Winds and Flooding (DR-4552)

FEMA Declared Disaster Missouri: ZIP Code List


Additional Resources

FEMA’s web site

FEMA’s Disaster Declaration Process

Safeguard Properties Industry Alerts

HUD Moratorium on Foreclosure

VA’s Policy Regarding Natural Disasters

Freddie Mac Disaster Relief Policies

Fannie Mae’s Natural Disaster Relief Policies

FEMA Declared Disaster North Dakota

FEMA Alert Update
December 18, 2020

FEMA issued an update to a Presidential Major Disaster Declaration for areas in North Dakota affected by flooding that took place April 1-25, 2020.

The following counties are eligible for assistance:

Public Assistance

  • Kidder
  • Wells

North Dakota Flooding (DR-4553 Amendment 2)

FEMA Declared Disaster North Dakota: ZIP Code List

 

FEMA Alert
July 9, 2020

FEMA issued a Presidential Major Disaster Declaration for areas in North Dakota affected by flooding that took place April 1-25, 2020.

The following counties are eligible for assistance:

Public Assistance

  • Barnes
  • Cass
  • Dickey
  • Foster
  • Grand Forks
  • LaMoure
  • Logan
  • McIntosh
  • Nelson
  • Pembina
  • Ransom
  • Richland
  • Sargent
  • Sheridan
  • Steele
  • Stutsman
  • Traill
  • Walsh

North Dakota Flooding (DR-4553)

FEMA Declared Disaster North Dakota: ZIP Code List


Additional Resources

FEMA’s web site

FEMA’s Disaster Declaration Process

Safeguard Properties Industry Alerts

HUD Moratorium on Foreclosure

VA’s Policy Regarding Natural Disasters

Freddie Mac Disaster Relief Policies

Fannie Mae’s Natural Disaster Relief Policies

HUD: FHA INFO #20-50: Updated Servicing and Loss Mitigation Section Draft of the Single Family Housing Policy Handbook

Investor Update
July 14, 2020 

Source: HUD

Today, the Federal Housing Administration (FHA) posted a draft revision of the Servicing and Loss Mitigation section (Section III) of the Single Family Housing Policy Handbook 4000.1 (SF Handbook) on the Single Family Housing Drafting Table (Drafting Table) for public review and feedback. This revision proposes updates and policy clarifications, including those which incorporate changes to FHA’s Loss Mitigation waterfall, align requirements with industry standards, and streamline documentation requirements and processes.

This draft is for review and to be considered for implementation at a later date as standard FHA policy. It is not intended to address the immediate servicing and loss mitigation concerns created by the COVID-19 National Emergency. FHA encourages interested stakeholders to thoroughly review the section content and provide feedback during a 60-day period from July 14, 2020 through September 12, 2020. Instructions for providing feedback — including use of the Servicing and Loss Mitigation Section Feedback Form — are posted on the Drafting Table. Be advised that when reviewing the draft content, the links to SF Handbook sections outside of Section III will not be operational.

Upon completion of the 60-day review period, FHA will carefully consider the feedback received and, where appropriate, include in the revised Servicing and Loss Mitigation section, which will ultimately become part of a future SF Handbook update.

As a reminder, the draft Servicing and Loss Mitigation section of the SF Handbook posted to the Drafting Table does not set policy and, therefore, should not be used as a guide for servicing FHA-insured mortgages. FHA’s existing policy remains in effect until amended via Mortgagee Letter or the incorporation of the revised Servicing and Loss Mitigation section into a future SF Handbook update.

Quick Links (If you experience issues opening documents in Internet Explorer, use a different web browser)
• Access the online or PDF versions of the Single Family Housing Policy Handbook 4000.1 at: http://portal.hud.gov/hudportal/HUD?src=/program_offices/administration/hudclips/handbooks/hsgh

• View the draft update of the SF Handbook Servicing and Loss Mitigation section on the Single Family Housing Drafting Table at:
https://www.hud.gov/sites/dfiles/SFH/documents/SFHServicingandLossMitSection_7_14_2020.pdf

Resources
Contact the FHA Resource Center:
• Visit our online knowledge base to obtain answers to frequently asked questions 24/7 at: www.hud.gov/answers.
• E-mail the FHA Resource Center at: answers@hud.gov. Emails and phone messages will be responded to during normal hours of operation, 8:00 AM to 8:00 PM (Eastern), Monday through Friday on all non-Federal holidays.
• Call 1-800-CALLFHA (1-800-225-5342). Persons with hearing or speech impairments may reach this number by calling the Federal Relay Service at 1-800-877-8339.