source:
  type: guide
  id: fhlmc-1402.5
  authority: Freddie Mac Single-Family Seller/Servicer Guide Section 1402.5 — Servicing
    eMortgages
  description: Freddie Mac Single-Family Seller/Servicer Guide Section 1402.5 — Servicing
    eMortgages.
  coverage_tier: operative
obligations:
- id: fhlmc-1402.5-full
  canonical_id: fhlmc-1402.5-full
  section: Freddie Mac Single-Family Seller/Servicer Guide Section 1402.5 — Servicing
    eMortgages
  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 1402.5 — Servicing
      eMortgages
    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: '1402.5: Servicing eMortgages (12/17/25) This section contains
      requirements related to: ■ Servicing eMortgages ■ Servicing performing eMortgages
      ■ Servicing non-performing eMortgages ■ Mortgage File Documents management ■
      Transfer of Servicing involving eMortgages ■ Special eMortgage Servicing representations
      and warranties ■ Voluntary eMortgage repurchase request Freddie Mac Single-Family
      Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-37 ■ New York CEMA
      Refinance of New York eMortgage (a) Servicing eMortgages The Servicing requirements
      of this chapter are applicable only to the Servicing of eMortgages. Seller/Servicers
      must not apply any of the requirements set forth in this chapter to a non-eMortgage,
      but rather, should continue Servicing such Mortgages in accordance with all
      other applicable Servicing requirements of the Servicing Contract, the Guide
      and any other applicable Purchase Documents. (i) Becoming an eMortgage Servicer
      To become an eMortgage Servicer for Freddie Mac, the Seller/Servicer must contact
      its Freddie Mac account representative to determine its eligibility and obtain
      Freddie Mac’s prior written approval. Freddie Mac’s approval of a Seller/Servicer
      to service eMortgages for Freddie Mac does not necessarily mean that the Seller/Servicer
      will also be approved as a Seller of eMortgages to Freddie Mac or vice versa.
      The approval process to sell eMortgages is set forth in Sections 1402.1 through
      1402.3. Note: An approved Servicer of eMortgages may only engage in a Transfer
      of Servicing involving eMortgages in accordance with Section 1402.5(e)(i). To
      obtain and maintain approval to service eMortgages, a Seller/Servicer shall
      at all times meet the following requirements or use the services of a Freddie
      Mac-approved eMortgage Servicer as a Servicing Agent: 1. Be a MERS eDelivery
      and MERS eRegistry participant 2. Have a Freddie Mac-reviewed eNote Vault System.
      (See Section 1402.2 for eNote Vault System requirements, eNote Vault initial
      and ongoing review requirements and notice of significant change requirements.)
      The eNote Vault System must have the ability to: a. Maintain a Copy of the Authoritative
      Copy of the eNote and its Tamper Evident Seal for the life of the eMortgage
      plus seven years b. Identify and track all eMortgages that the Seller/Servicer
      services for Freddie Mac c. Record all status changes and required actions that
      occur during the life of the eMortgage in the MERS® eRegistry d. Accept an offer
      of change of Control from Freddie Mac, in the event of a foreclosure or other
      Freddie Mac Default Legal Matters with respect to an Freddie Mac Single-Family
      Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-38 eMortgage, as
      applicable e. Create an offer of change of Control to Freddie Mac, in the event
      of termination of a foreclosure or other Freddie Mac Default Legal Matters with
      respect to an eMortgage, as applicable f. Confirm that the MERS eRegistry accurately
      reflects the Controller and Location at all times g. Accept a transfer of the
      Authoritative Copy of the eNote from Freddie Mac’s eNote Vault System using
      MERS eDelivery, in the event of an eMortgage repurchase by the Seller/Servicer
      h. Securely store Electronic copies of Mortgage File Documents. Note: A Seller/Servicer
      can store all Electronic Mortgage File Documents in its eNote Vault System,
      if the eNote Vault System allows such storage. If the eNote Vault System does
      not permit storage of Electronic Mortgage File Documents other than the eNote,
      the Seller/Servicer must have a secure eStorage System for storing such documents.
      See Section 1402.3(c)(iv) for eStorage System requirements. 3. Have written
      eMortgage Servicing policies and procedures in place 4. Meet any other eMortgage
      requirements imposed by Freddie Mac Freddie Mac may exercise any and all of
      its rights under the Guide and applicable Purchase Documents, including, without
      limitation, the right set forth in Section 3603.1(a) to terminate for cause
      a Seller/Servicer’s Servicing Contract, in whole or in part, if the Seller/Servicer
      fails to continue to meet the eligibility requirements set forth above, including,
      but not limited to, the Seller/Servicer’s MERS eRegistry participation (or their
      Servicing Agent’s MERS eRegistry participation, if applicable) being terminated
      or if the Seller/Servicer is unable to record status changes and required actions
      that occur during the life of the eMortgage in the MERS eRegistry. Upon such
      termination, the Seller/Servicer agrees to facilitate a Transfer of Servicing
      of Freddie Mac’s eMortgages to Freddie Mac’s designated eMortgage Servicer at
      Seller/Servicer’s own expense. (ii) Becoming an eMortgage Servicing Agent Subject
      to Chapter 8102, a Seller/Servicer approved to service eMortgages for Freddie
      Mac may, as a Master Servicer, engage a Servicer as its Servicing Agent to service
      such eMortgages. Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402
      As of 12/17/25 Page 1402-39 An eMortgage Servicing Agent is not required to
      obtain separate approval to service eMortgages, provided the eMortgage Servicing
      Agent uses the Master Servicer’s Freddie Mac-reviewed eNote Vault System and
      Servicing staff to record status changes and required actions that occur during
      the life of the eMortgage in the MERS eRegistry and to create/accept offers
      of change of Control and Location requests, as applicable, during the Servicing
      of an eMortgage. However, if an eMortgage Servicing Agent intends on using its
      own eNote Vault System, the eMortgage Servicing Agent must: ■ Obtain separate
      approval to service eMortgages for Freddie Mac ■ Ensure its eNote Vault System
      complies with the requirements of this chapter ■ Have written eMortgage Servicing
      policies and procedures in place Regardless of the eNote Vault System used by
      the eMortgage Servicing Agent, the Master Servicer and the eMortgage Servicing
      Agent must have obtained Freddie Mac’s approval of their fully executed Form
      479A, Single-Family Servicing Agent Certification and Agreement, with an effective
      date on or after September 18, 2018. For a Master Servicer and its eMortgage
      Servicing Agent that have been approved by Freddie Mac based on their submission
      of Form 479A with an effective date prior to September 18, 2018, the Master
      Servicer and its eMortgage Servicing Agent must execute a new Form 479A and
      submit it to Freddie Mac and obtain Freddie Mac’s prior approval in accordance
      with Section 8102.1. Consistent with Section 8201.1, a Master Servicer may use
      only one eMortgage Servicing Agent for eMortgages being serviced under a particular
      Freddie Mac Seller/Servicer number at any one time. Freddie Mac’s approval of
      an eMortgage Servicing Agent is limited to the Master Servicer designated on
      the approved Form 479A. Before an eMortgage Servicing Agent can subservice eMortgages
      for another Master Servicer, a separate fully executed Form 479A must be submitted
      to obtain Freddie Mac’s prior written approval. (b) Servicing performing eMortgages
      (i) eMortgage recast modification requirements Upon a recast modification of
      an eMortgage under Section 8103.3(d), the Seller/Servicer must update the MERS®
      eRegistry to provide notice of the modification agreement. (A) Paper modification
      agreement If the modification of an eMortgage is memorialized in a paper modification
      agreement, the Seller/Servicer must adhere to the requirements in Section 9206.4(b).
      Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25
      Page 1402-40 If the Document Custodian receiving the original paper modification
      agreement requires a copy of the eNote, the Seller/Servicer must print a paper
      copy from the eNote Vault and deliver it to the Document Custodian. The Seller/Servicer
      may not convert the eNote into a paper note. (B) eModification Agreement If
      the modification of an eMortgage is memorialized in an eModification, the Seller/Servicer
      must comply with the following requirements: ■ Create and execute the eModification
      Agreement on a SMART Document version that meets the MERS eRegistry requirements
      ■ Register the eModification Agreement with the MERS eRegistry to associate
      the eModification Agreement with the previously registered eNote ■ Ensure that
      the MIN assigned to the eModification Agreement is the same as the MIN assigned
      to the previously registered eNote ■ Ensure that the signing platform has a
      robust audit trail of all key events starting from the creation of the eModification
      Agreement through and including the Borrower and Seller/Servicer execution that
      the Seller/Servicer can reproduce upon request by Freddie Mac (C) Delivery requirements
      The following table describes the eModification Agreement delivery instructions
      for performing loans: Freddie Mac Single-Family Seller/Servicer Guide Chapter
      1402 As of 12/17/25 Page 1402-41 eModification Agreement delivery instructions
      Recordation requirement Action and delivery timeline If the eModification Agreement
      must be recorded and will not be recorded electronically 1. Deliver an Electronic
      copy of the executed eModification Agreement, by means of MERS eDelivery, to
      the Freddie Mac eVault (or to the eVault of the Freddie Mac-approved third-party
      eNote custodian, if applicable) that contains the Authoritative Copy of the
      eNote within 25 days after receiving it from the Borrower. 2. Deliver an Electronic
      scanned copy of the recorded eModification Agreement, with recording information
      therein or Recording Confirmation by means of MERS eDelivery, to the Freddie
      Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian,
      if applicable) that contains the Authoritative Copy of the eNote within five
      Business Days of receipt. If the eModification Agreement must be recorded and
      will be recorded electronically 1. Deliver an Electronic copy of the executed
      eModification Agreement, by means of MERS eDelivery, to the Freddie Mac eVault
      (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if
      applicable) that contains the Authoritative Copy of the eNote within 25 days
      after receiving it from the Borrower. 2. Deliver an Electronic copy of the eModification
      Agreement, with recording information therein or Recording Confirmation by means
      of MERS eDelivery, to the Freddie Mac eVault (or to the eVault of the Freddie
      Mac-approved third-party eNote custodian, if applicable) that contains the Authoritative
      Copy of the eNote within five Business Days of receipt. If the recordation is
      not required Deliver an Electronic copy of the executed eModification Agreement,
      by means of MERS eDelivery, to the Freddie Mac eVault (or to the eVault of the
      Freddie Mac-approved third-party eNote custodian, if applicable) that contains
      the Authoritative Copy of the eNote within 25 days of receiving it from the
      Borrower. Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of
      12/17/25 Page 1402-42 Note: If MERS eDelivery is not available for delivery
      of the Electronic documents, delivery by other electronic means (e.g., e-mail)
      to Freddie Mac or the Freddie Mac- approved third-party eNote custodian is acceptable.
      If Freddie Mac is the eNote custodian, deliver the Electronic documents to Loan_Delivery_Funding_Ops@FreddieMac.com.
      (ii) Assumption of eMortgages Upon an assumption (with or without a release
      of liability) of an eMortgage under Chapter 8406, the Seller/Servicer must update
      the MERS eRegistry to provide notice of the assumption agreement. (iii)eMortgage
      payoffs In States that require the return of a paper Note marked “paid-in-full”
      upon payoff of an eMortgage, the Seller/Servicer must: 1. Provide the Borrower
      with a paper copy of the eNote (marked “Copy” and “paid-in-full”), and 2. Include
      a letter to the Borrower that explains they are receiving a paper copy of the
      eNote, originally registered in the MERS eRegistry, and that the Seller/Servicer
      has caused the eNote to be de-activated on the MERS eRegistry due to the eMortgage
      having been paid in full (iv) Conversion of the eNote to a paper Note No party,
      including the Seller/Servicer, may convert an eNote owned by Freddie Mac into
      a paper-based Note. A Seller/Servicer that needs to convert an eNote owned by
      Freddie Mac into a paper-based Note must contact eMortgage_Team@FreddieMac.com
      for Freddie Mac’s review. The one exception to this requirement is when a Seller/Servicer
      is Servicing an eMortgage originated in New York and the Borrower later wishes
      to refinance the eMortgage using the New York Consolidation, Modification and
      Extension Agreement (NYCEMA) process and documents. In such case, the Seller/Servicer
      must comply with the requirements in Section 1402.5(h). (c) Servicing non-performing
      eMortgages (i) Electronic Payment Deferral documents If an eMortgage is eligible
      for Payment Deferral in accordance with the requirements set forth in Chapter
      9203, and if it is memorialized in a paper Payment Deferral Agreement, the Seller/Servicer
      must comply with the requirements set forth in Section 9203.4(f). Freddie Mac
      Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-43
      If the Payment Deferral is memorialized in an Electronic Payment Deferral Agreement,
      in addition to the requirements set forth in Section 9203.4(j), the Seller/Servicer
      must comply with the following delivery requirements: Payment Deferral Agreement
      Delivery Instructions Signature and recordation requirement Action and delivery
      timeline If the Borrower signature is not required Within 25 days of the effective
      date of the Payment Deferral, the Seller/Servicer must deliver an Electronic
      copy of the Seller/Servicer executed Electronic Payment Deferral Agreement,
      by means of MERS® eDelivery, to the Freddie Mac eVault (or to the eVault of
      the Freddie Mac- approved third-party eNote Custodian, if applicable) that contains
      the Authoritative Copy of the eNote. If the Borrower signature is required and
      recordation is not required Within 25 days of the effective date of the Payment
      Deferral, the Seller/Servicer must deliver an Electronic copy of the fully executed
      Electronic Payment Deferral Agreement, by means of MERS eDelivery, to the Freddie
      Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote Custodian,
      if applicable) that contains the Authoritative Copy of the eNote. If recordation
      is required, and will not be recorded electronically 1. Within 25 days of the
      effective date of the Payment Deferral, the Seller/Servicer must deliver an
      Electronic copy of the fully executed Electronic Payment Deferral Agreement
      by means of MERS eDelivery to the Freddie Mac eVault (or to the eVault of the
      Freddie Mac-approved third-party eNote Custodian, if applicable) that contains
      the Authoritative Copy of the eNote 2. Deliver an Electronic scanned copy of
      the recorded Electronic Payment Deferral Agreement with recording information
      therein or Recording Confirmation by means of MERS eDelivery to the Freddie
      Mac eVault (or to the eVault of the Freddie Mac-approved third- party eNote
      Custodian, if applicable) that contains the Authoritative Copy of the eNote
      within five Business Days of receipt from the recorder’s office If recordation
      is required, and will be recorded electronically 1. Within 25 days of the effective
      date of the Payment Deferral, the Seller/Servicer must deliver an Electronic
      copy of the fully executed Electronic Payment Deferral Freddie Mac Single-Family
      Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-44 Agreement by
      means of MERS eDelivery to the Freddie Mac eVault (or to the eVault of the Freddie
      Mac-approved third-party eNote Custodian, if applicable) that contains the Authoritative
      Copy of the eNote 2. Deliver an electronically recorded Electronic Payment Deferral
      Agreement with recording information therein or Recording Confirmation by means
      of MERS eDelivery to the Freddie Mac eVault (or to the eVault of the Freddie
      Mac-approved third-party eNote Custodian, if applicable) that contains the Authoritative
      Copy of the eNote within five Business Days of receipt from the recorder’s office
      If MERS eDelivery is not available for delivery of the Electronic documents,
      delivery by Electronic means (e.g., e-mail) to Freddie Mac or the Freddie Mac-approved
      third- party eNote custodian is acceptable. If Freddie Mac is the eNote custodian,
      deliver the Electronic documents to Loan_Delivery_Funding_Ops@FreddieMac.com.
      (ii) eMortgage modification requirements Upon a modification of an eMortgage
      under Chapter 9206 or other applicable Purchase Documents, the Seller/Servicer
      must update the MERS® eRegistry to provide notice of the modification agreement.
      (A) Paper modification agreement If the modification of an eMortgage is memorialized
      in a paper modification agreement, the Seller/Servicer must comply with the
      requirements set forth in Section 9206.4(b). If the Document Custodian receiving
      the original paper modification agreement requires a copy of the eNote, the
      Seller/Servicer must print a paper copy from the eNote Vault and deliver it
      to the Document Custodian. The Seller/Servicer may not convert the eNote into
      a paper note. (B) eModification Agreement If the modification of an eMortgage
      is memorialized in an eModification Agreement, the Seller/Servicer must comply
      with the following requirements ■ Create and execute the eModification Agreement
      on a SMART Document version that meets the MERS eRegistry requirements ■ Register
      the eModification Agreement with the MERS eRegistry to associate the eModification
      Agreement with the previously registered eNote Freddie Mac Single-Family Seller/Servicer
      Guide Chapter 1402 As of 12/17/25 Page 1402-45 ■ Assure that the MIN assigned
      to the eModification Agreement is the same as the MIN assigned to the previously
      registered eNote ■ Assure that the signing platform has a robust audit trail
      of all key events starting from the creation of the eModification Agreement
      through and including the Borrower and Seller/Servicer execution that the Seller/Servicer
      can reproduce upon request by Freddie Mac (C) Delivery requirements The following
      table describes the eModification Agreement delivery instructions for non-performing
      loans: eModification Agreement Delivery Instructions Recordation Requirement
      Action and delivery timelines If the eModification Agreement must be recorded
      and will not be recorded electronically 1. Deliver an Electronic copy of the
      executed eModification Agreement, by means of MERS eDelivery, to the Freddie
      Mac eVault (or to the eVault of the Freddie Mac-approved third-party eNote custodian,
      if applicable) that contains the Authoritative Copy of the eNote within 25 days
      after receiving it from the Borrower. 2. Deliver an Electronic scanned copy
      of the recorded eModification Agreement, with recording information therein
      or Recording Confirmation by means of MERS eDelivery, to the Freddie Mac eVault
      (or to the eVault of the Freddie Mac-approved third-party eNote custodian, if
      applicable) that contains the Authoritative Copy of the eNote within five Business
      Days of receipt. If the eModification Agreement must be recorded and will be
      recorded electronically 1. Deliver an Electronic copy of the executed eModification
      Agreement, by means of MERS eDelivery, to the Freddie Mac eVault (or to the
      eVault of the Freddie Mac-approved third-party eNote custodian, if applicable)
      that contains the Authoritative Copy of the eNote within 25 days after receiving
      it from the Borrower. 2. Deliver an Electronic copy of the recorded eModification
      Agreement, with recording information therein or Recording Confirmation Freddie
      Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-46
      by means of MERS eDelivery, to the Freddie Mac eVault (or to the eVault of the
      Freddie Mac- approved third-party eNote custodian, if applicable) that contains
      the Authoritative Copy of the eNote within 5 Business Days of receipt. If the
      recordation is not required Deliver an Electronic copy of the executed eModification
      Agreement, by means of MERS eDelivery, to the Freddie Mac eVault (or to the
      eVault of the Freddie Mac-approved third-party eNote custodian, if applicable)
      that contains the Authoritative Copy of the eNote within 25 days after receiving
      it from the Borrower. Note: If MERS eDelivery is not available for delivery
      of the Electronic documents, delivery by electronic means (e.g., e-mail) to
      Freddie Mac or the Freddie Mac- approved third-party eNote custodian is acceptable.
      If Freddie Mac is the eNote custodian, deliver the Electronic documents to Loan_Delivery_Funding_Ops@FreddieMac.com.
      (iii)Workout Mortgage assumption of eMortgages Upon a workout Mortgage assumption
      (with or without a release of liability) of an eMortgage under Chapter 9207,
      the Seller/Servicer must update the MERS eRegistry to provide notice of the
      assumption agreement. (iv) Short sale or deed-in-lieu of foreclosure involving
      an eMortgage In States that require the return of a paper Note upon a short
      sale or deed-in-lieu of foreclosure involving an eMortgage, the Seller/Servicer
      must provide the Borrower with a Seller/Servicer certified paper copy of the
      eNote (marked “Copy” and “canceled”). In such States, the Seller/Servicer must
      deliver a letter to the Borrower explaining that the Borrower is receiving a
      paper copy of the eNote, originally registered in the MERS eRegistry, and that
      the Seller/Servicer has caused the eNote to be de-activated on the MERS eRegistry
      due to the eMortgage having been canceled as a result of the short sale or deed-in-lieu
      of foreclosure. (v) Foreclosure, bankruptcy or other legal proceedings In States
      requiring the Seller/Servicer to be the holder of an eNote prior to commencing
      foreclosure or to take legal action (such as responding to the bankruptcy of
      a Borrower, bringing or defending a lawsuit or other litigation relating to
      the maturity, prepayment, repurchase, substitution, conversion, modification,
      or assumption of a Mortgage or other Freddie Mac Default Legal Matters with
      respect to an eMortgage), the Seller/Servicer Freddie Mac Single-Family Seller/Servicer
      Guide Chapter 1402 As of 12/17/25 Page 1402-47 must deliver Form 1036 to Freddie
      Mac or the Freddie Mac-approved third-party eNote custodian, as applicable,
      to request a change of Control of the eNote in the MERS eRegistry from Freddie
      Mac to the Seller/Servicer and if needed, change of Location in the MERS eRegistry
      from Freddie Mac or the Freddie Mac-approved third-party eNote custodian to
      the Seller/Servicer. If Freddie Mac is the eNote custodian, Form 1036 must be
      sent to Freddie Mac (Loan_Delivery_Funding_Ops@FreddieMac.com) at least three
      Business Days before the change of Control is needed. Once the Seller/Servicer’s
      request is confirmed, Freddie Mac or a Freddie Mac-approved third-party eNote
      custodian, as applicable, will create an offer of change of Control to the Seller/Servicer,
      which the Seller/Servicer must accept. Immediately upon Seller/Servicer’s acceptances
      of the offer of change of Control: i. Freddie Mac or the applicable Freddie
      Mac-approved third-party eNote custodian shall be automatically and conclusively
      deemed to be the Seller/Servicer’s designated custodian, as the term “designated
      custodian” is defined or described in the UETA and E-SIGN, and will maintain
      the eNote in its eNote Vault System, in trust, for the benefit of the Seller/Servicer;
      and ii. The Seller/Servicer shall be automatically and conclusively deemed to
      be the holder of such eNote, as the term “holder” is defined in Article 1 of
      the UCC, as enacted in the applicable State. The Seller/Servicer will be responsible
      for confirming that the Seller/Servicer is identified as the Controller of the
      eNote in the MERS eRegistry During the period for which the Seller/Servicer
      is identified as the Controller under this Section 1402.5(c)(v), Freddie Mac
      or the Freddie Mac-approved third-party eNote custodian, as applicable, will
      remain the Location in the MERS eRegistry and Freddie Mac or the applicable
      Freddie Mac-approved third-party eNote custodian shall maintain the Authoritative
      Copy of the eNote as the Seller/Servicer’s designated custodian, except where
      the Location was transferred to the Seller/Servicer. Freddie Mac shall at all
      times, however, be the owner or beneficial owner of the eNote. When the legal
      proceeding is concluded, the Seller/Servicer must promptly create an offer of
      change of Control of the eNote in the MERS eRegistry to Freddie Mac and change
      of Location to Freddie Mac or the Freddie Mac-approved third-party eNote custodian,
      as applicable. Upon Freddie Mac’s acceptance of the change of Control, Freddie
      Mac shall be the Controller, and Freddie Mac or the Freddie Mac-approved third-party
      eNote custodian, as applicable, shall automatically and immediately cease maintaining
      the eNote, in trust, for the benefit of the Seller/Servicer as its designated
      custodian and resume maintaining the eNote for Freddie Mac. If, at the conclusion
      of the legal proceeding, the loan is charged off, the Seller/Servicer must de-activate
      the eNote on the MERS eRegistry. (vi) Producing the eNote for legal proceedings
      Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25
      Page 1402-48 If the Seller/Servicer is required to produce a copy of the eNote
      for foreclosure or other Freddie Mac Default Legal Matters with respect to an
      eMortgage, the Seller/Servicer must produce a Seller/Servicer certified paper
      copy of the eNote (marked “Copy”) together with any required affidavit. The
      Seller/Servicer may not convert the eNote into a paper note. (d) Mortgage File
      Documents management (i) Cross-referencing paper Mortgage File Documents to
      eMortgages Paper documents that are part of the Mortgage File Documents related
      to an eMortgage must be cross-referenced to all Electronic Records that are
      stored in the eNote Vault System for that eMortgage and, as necessary, the eStorage
      System. All Records (both paper and Electronic) must be identified and cross-referenced
      to the applicable eMortgage. (See Section 1402.3(c)(iv) for eStorage System
      requirements.) (ii) Obtaining access to Custodial Documents The Seller/Servicer
      must complete and send Form 1036 to the Document Custodian to obtain any Custodial
      Document in the Document Custodian’s custody. (e) Transfer of Servicing involving
      eMortgages (i) Transfer of Servicing involving eMortgages A Transferor Servicer
      may engage in a Transfer of Servicing involving eMortgages provided the Transferee
      Servicer is also an approved eMortgage Servicer for Freddie Mac. (Note: The
      approval process to service eMortgages is set forth in Section 1402.5(a)(i)).
      (ii) Transfer of Servicing and custody In connection with a Transfer of Servicing
      involving eMortgages, and in completing Form 1034T, the Transferor Servicer
      must: 1. Deliver a Copy of the Authoritative Copy of eNote and eClosing Transaction
      Record to the Transferee Servicer’s eNote Vault System, and 2. Change the “Servicer”
      designation in the MERS® System and the MERS eRegistry to the legal name and
      change the MERS organizational identifier and MERS eRegistry organizational
      identifier of the Transferee Servicer (who must have already received Freddie
      Mac’s approval to service eMortgages for Freddie Mac) Freddie Mac Single-Family
      Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-49 If a Transferee
      Servicer is using a Freddie Mac-approved third-party eNote custodian for eNote
      custody, the Transferor Servicer must create an offer of change in the MERS
      eRegistry of the Location of the eNote to the Transferee Servicer’s eNote custodian.
      If a Transferee Servicer is using Freddie Mac as the eNote custodian and Freddie
      Mac is not already designated as the Location in the MERS eRegistry, the Transferor
      Servicer must create an offer of change in the MERS eRegistry of the Location
      of the eNote to Freddie Mac. (iii)Transfer of Custodial Documents and Mortgage
      File Documents Prior to requesting Freddie Mac’s approval of a Transfer of Servicing
      involving eMortgages, if some or all of the Mortgage File Documents are Electronic
      Records, the Transferor Servicer must confirm that the Transferee Servicer has
      an eNote Vault System or other eStorage System capable of storing Electronic
      Mortgage File Documents. In the event the Transferee Servicer does not have
      a document and records maintenance system capable of storing the Electronic
      Mortgage File Documents (other than the Copy of the Authoritative Copy of the
      eNote), the Transferor Servicer must, in accordance with Section 7101.5(a)1,
      either convert the documents and records to the form of storage utilized by
      the Transferee Servicer or generate paper copies of all documents and records
      for the Transferee Servicer. Consistent with the requirements in Section 7101.4(c),
      the Transferor Servicer must instruct the Document Custodian responsible for
      storing and maintaining paper documents related to all eMortgages connected
      to the Transfer of Servicing, to transfer such paper documents to the Transferee
      Servicer’s Document Custodian. (f) Special eMortgage Servicing representations
      and warranties A Seller/Servicer approved to service eMortgages for Freddie
      Mac represents and warrants to, and agrees and covenants with, Freddie Mac that:
      ■ The Seller/Servicer maintains (or causes its Servicing Agent to maintain)
      at all times connectivity to the MERS® System, MERS eRegistry and MERS eDelivery
      ■ The Seller/Servicer is at all times in compliance (or ensures that its Servicing
      Agent is in compliance) with the provisions of the MERS Membership Agreements
      and MERS Rules of Membership ■ The Seller/Servicer has not, and will not, through
      any act or omission on its part, cause any eMortgage it services for Freddie
      Mac to become invalid, ineffective or unenforceable or to lose its First Lien
      status (g) Voluntary eMortgage repurchase request Freddie Mac Single-Family
      Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-50 In addition to
      complying with the Guide’s other repurchase requirements, when a Seller/Servicer
      makes a request to repurchase an eMortgage, the Seller/Servicer must identify
      such eMortgage as an “eMortgage” in its request to Freddie Mac. (h) New York
      CEMA Refinance of New York eMortgage A New York Consolidation, Extension and
      Modification Agreement Mortgage (“NYCEMA Mortgage”) may not be closed as an
      eMortgage and sold to Freddie Mac. Servicer may however: i. Refinance eMortgages
      using the NYCEMA Mortgage process and documentation, or ii. Assist and cooperate
      with other lenders originating a refinance of eMortgages (serviced by Servicer)
      that wish to use the NYCEMA Mortgage origination process and documentation;
      provided that: 1. Servicer requests a change of Control in the MERS® eRegistry
      from Freddie Mac to Servicer by sending a completed Form 1036 to Freddie Mac
      or the Freddie Mac- approved third-party eNote custodian, as applicable, with
      the reason: “Servicer (or another lender) is originating a NYCEMA refinance
      of an eMortgage serviced by Servicer.” If Freddie Mac is the eNote custodian,
      Form 1036 must be sent to Freddie Mac (Loan_Delivery_Funding_Ops@FreddieMac.com)
      at least three Business Days before the change of Control is needed. 2. If such
      request is confirmed to be in compliance with Freddie Mac requirements, Freddie
      Mac or a Freddie Mac-approved third-party eNote custodian, as applicable, will
      send an offer of change of Control of such eNote to Servicer via MERS eRegistry
      3. Servicer promptly accepts the offer of change of Control from Freddie Mac
      or a Freddie Mac-approved third-party eNote custodian, as applicable 4. After
      Servicer has accepted the offer of change of Control of the eNote, Servicer
      will confirm that: ■ The MERS eRegistry reflects that Servicer is the Controller,
      as Holder, of such eNote, and ■ Freddie Mac or a Freddie Mac-approved third-party
      eNote custodian is the Location Freddie Mac Single-Family Seller/Servicer Guide
      Chapter 1402 As of 12/17/25 Page 1402-51 5. From the moment that Servicer accepts
      change of Control of such eNote, Servicer shall have Control of the eNote and
      shall be the Controller of the eNote entitled to enforce such eNote for the
      benefit of Freddie Mac, the eNote owner 6. Servicer prints all pages of the
      eNote being refinanced under the NYCEMA Mortgage process to paper and certifies
      the paper copy is true, correct and complete in a blank space on the face of
      the eNote. The Servicer shall not convert the eNote into a paper Note at this
      time. 7. Servicer requests MERS Registration History of the eNote from MERS
      eRegistry and attaches this history to the Servicer certified paper copy of
      the eNote 8. Servicer, in consultation with its legal counsel, must prepare
      an affidavit to be signed by a duly authorized officer of Servicer and attach
      the affidavit to the Servicer certified paper copy of the eNote; and 9. The
      affidavit to be prepared by Servicer must include the following statements:
      ■ The affiant is a duly appointed and authorized officer of Servicer, the “Controller”
      of the eNote, which was registered in the MERS® eRegistry on or about __________,
      20___ and has a MERS eRegistry Identification number of [INSERT MIN NUMBER]
      ■ The affidavit is attached to a complete, accurate, true and correct Servicer
      certified paper copy of the eNote, which evidences the borrower’s indebtedness
      ■ The eNote will be stored and maintained by the owner of the eNote throughout
      the New York Consolidation, Extension and Modification Agreement Mortgage (NYCEMA)
      refinance process ■ The Servicer certified paper copy of the eNote, to which
      the affidavit and MERS Registration History of the eNote are attached, is intended
      to be delivered to the lender originating a NYCEMA refinance Mortgage ■ The
      Servicer certified paper copy of the eNote, together with the affidavit and
      MERS Registration History of the eNote attached thereto, shall automatically
      convert into and become the one and only valid, effective and enforceable paper
      Note evidencing the borrower’s indebtedness upon Servicer’s receipt of all amounts
      due and payable under the eNote ■ The Servicer will de-activate the eNote in
      the MERS eRegistry using the “Converted to Paper” transaction after Servicer’s
      receipt of all amounts due and payable under the eNote from the lender originating
      NYCEMA refinance Mortgage Freddie Mac Single-Family Seller/Servicer Guide Chapter
      1402 As of 12/17/25 Page 1402-52 ■ The Servicer will notify the lender originating
      the NYCEMA refinance Mortgage that the eNote has been de-activated on the MERS
      eRegistry 10. In the event the NYCEMA refinance Mortgage closes as a paper NYCEMA
      Mortgage, it is eligible for purchase by Freddie Mac if the originating lender
      is a Freddie Mac Seller/Servicer and the paper NYCEMA Mortgage complies with
      the Seller/Servicer’s Purchase Documents; and 11. In the event the NYCEMA refinance
      Mortgage fails to close, Servicer must: ■ Not de-activate the eNote on the MERS
      eRegistry ■ Promptly send Freddie Mac an offer of change of Control of the eNote
      using MERS eDelivery; and ■ Confirm that Freddie Mac is once again the Controller
      of the eNote'
  judgment: false
