source:
  type: guide
  id: fhlmc-3301.2
  authority: Freddie Mac Single-Family Seller/Servicer Guide Section 3301.2 — Legal
    instruments
  description: Freddie Mac Single-Family Seller/Servicer Guide Section 3301.2 — Legal
    instruments.
  coverage_tier: operative
obligations:
- id: fhlmc-3301.2-full
  canonical_id: fhlmc-3301.2-full
  section: Freddie Mac Single-Family Seller/Servicer Guide Section 3301.2 — Legal
    instruments
  type: do
  tags:
  - regulator-direct
  - fhlmc
  - freddie-guide
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: Freddie Mac Single-Family Seller/Servicer Guide Section 3301.2 — Legal
      instruments
    source_class: fhlmc-guide
    source_url: https://guide.freddiemac.com/ci-guide
    snapshot_id: 5869ee9e606cd4ae
    fetched_at: '2026-05-23T00:27:40Z'
    content_hash: sha256:9a1b23e5024bb369e7a59d36b3702383c11ace68b5d209fdef791bc8f955c637
    paragraph_quote: '3301.2: Legal instruments (12/17/25) This section contains requirements
      related to: ■ Security Instrument ■ New York Consolidation, Extension and Modification
      Agreement (NY CEMA) ■ Assignment instrument ■ Power of attorney (a) Security
      Instrument For Security Instruments that were recorded in paper format, the
      Mortgage file must contain either: ■ The original paper Security Instrument
      with recordation notation, or ■ A paper or Electronic (as defined in Section
      1401.1(b)) copy of the Security Instrument, with: • Recordation notation on
      the copy of the Security Instrument, or • Recordation notation in a separate
      document maintained with such copy If the Seller/Servicer maintains an Electronic
      copy of the Security Instrument (as noted above), it must comply with the requirements
      set forth in Section 3302.1(b)(ii). If the Security Instrument was electronically
      recorded, the Seller/Servicer must comply with the requirements set forth in
      Sections 1401.3(d) and 1401.3(e) related to Electronic Recording of paper Closing
      Documents and Electronic Recording of Electronic Closing Documents, respectively.
      Note: If the Mortgage is secured by a Manufactured Home, see Sections 5703.4(b)
      and 5703.4(f). (b) NY CEMA For Mortgages secured by property in New York State
      that are documented using an NY CEMA, the Mortgage file must contain the following:
      ■ A copy of the Consolidated Note showing all endorsements ■ Unless Original
      Notes are required by Section 3401.2(a), copies of the Original Old Money Note
      and any Original New Money (Gap) Notes Freddie Mac Single-Family Seller/Servicer
      Guide Chapter 3301 As of 12/17/25 Page 3301-4 ■ Original NY CEMA, with recordation
      notation. Where recorders keep the original documents, a copy certified by the
      recorder will suffice. For Mortgages secured by property in New York State that
      are documented using an NY CEMA Form 3172, 1/01 or Form 3172, 1/01 (rev. 5/01),
      the Mortgage file must contain the following additional documents: ■ If the
      most recent prior Mortgage was originated as a consolidated Mortgage using NY
      CEMA Form 3172, 1/01 or Form 3172, 1/01 (rev. 5/01): • The prior NY CEMA with
      all exhibits attached from the prior consolidation, • The prior original Consolidated
      Note from the prior Consolidation, • The Original Old Money Note, and • The
      Original New Money (Gap) Note ■ If the most recent prior Mortgage was originated
      as a consolidated Mortgage using the NY CEMA Form 3172 7/86: • The Original
      Old Money Note, • The NY CEMA with all exhibits attached from the prior Consolidation,
      and • The Original New Money (Gap) Note ■ If the most recent prior Mortgage
      was not originated using an NY CEMA Form 3172, 1/01, Form 3172, 1/01 (rev. 5/01),
      or Form 3172 7/86 (i.e., the most recent prior Mortgage was not a consolidated
      Mortgage): • The Original Old Money Note, and • The Original New Money (Gap)
      Note If new funds were advanced to the Borrower at the time of the current consolidation,
      the Original Old Money Note and Original New Money (Gap) Note, if applicable,
      must be original Notes signed by the Borrower and endorsed in blank. (c) Assignment
      instrument The Intervening Assignments must be sent to and held by the Document
      Custodian unless the Mortgage is registered with MERS® and the Seller/Servicer
      has elected to retain all assignments for MERS-registered Mortgages in the Mortgage
      files. The Seller/Servicer must Freddie Mac Single-Family Seller/Servicer Guide
      Chapter 3301 As of 12/17/25 Page 3301-5 supply its Document Custodian with documents
      indicating that the Seller/Servicer has elected to hold all assignments in the
      Mortgage files. Note: See Section 6301.4(a) for additional information on completion
      of delivery. (d) Power of attorney If the Note was executed by a person acting
      as attorney-in-fact pursuant to authority granted by a Borrower under a power
      of attorney, except for eMortgages, the copy of the power of attorney must be
      attached to the copy of the Note kept in the file. See Section 6301.2(b) for
      documentation delivery requirements for powers of attorney and Section 1402.3(a)
      for eMortgage delivery requirements.'
  judgment: false
