source:
  type: regulation
  id: fnma-svc-a2-3
  authority: "FNMA Servicing Guide A2-3 — Servicer Compensation"
  description: "FNMA Servicing Guide A2-3 covers servicer compensation structure —\nservicing fees, ancillary fee retention (late charges, fees for\nspecified servicing activities, yield differential adjustments,\nprepayment premiums under negotiated contracts), the cost-bears\nallocation, the negative-amortization fee-calculation rule, and the\nflat prohibition on sale, assignment, transfer, pledge, or\nhypothecation of servicing compensation or rights except per A2-7-02.\nFills the long-standing A3 compensation library gap.\n"
obligations:
- id: fnma-svc-a2-3-no-pledge-or-sale-of-servicing-compensation
  canonical_id: fnma-svc-a2-3-no-pledge-or-sale-of-servicing-compensation
  section: "FNMA Servicing Guide A2-3-01 — Prohibition on pledge / sale / transfer of servicing compensation"
  description: "[LENDER] (servicer) shall NOT sell, assign, transfer, pledge, or\nhypothecate its servicing compensation (or any portion thereof),\nnor enter into any agreement that would result in such a sale,\nassignment, transfer, pledge, or hypothecation of that income or\nof [LENDER]'s servicing rights — except under the specific\nconditions and circumstances set forth at A2-7-02 (Pledge of\nServicing Rights and Transfer of Interest in Servicing Income).\n"
  type: refrain
  audit_question: For every agreement [LENDER] has entered into that touches its servicing compensation or servicing rights, can [LENDER] evidence either (a) the agreement does not effect a sale / assignment / transfer / pledge / hypothecation, or (b) the agreement is structured per the A2-7-02 conditions?
  workflow_phase: general_servicing_ops
  owner_role: legal_counsel
  secondary_owner_role: compliance_officer
  cadence: continuous
  consequence: FNMA reps-and-warranties breach; potential cancellation of servicing approval; investor claim recovery.
  tags:
  - round-d
  - regulator-direct
  - fnma
  - servicer-compensation
  - servicing-rights
  - prohibited-transactions
  - promoted
  primary_source:
    tier: 1
    authority: "FNMA Servicing Guide A2-3-01 — Servicer Compensation"
    source_class: fnma-guide
    source_url: https://singlefamily.fanniemae.com/media/document/pdf/servicing-guide
    snapshot_id: f662f911b3ddaf1d
    fetched_at: '2026-05-25T14:09:40Z'
    content_hash: sha256:89df66c43baad07f8a8dd9d224492fff7d15e8839edba02ad0e74c7e50fe5da3
    paragraph_quote: 'The servicer may not sell, assign, transfer, pledge, or hypothecate its servicing compensation (or any portion of it) or enter into any agreement that would result in the sale, assignment, transfer, pledge, or hypothecation of

      '
    drafter_attestation: 'Copied verbatim from snapshot f662f911b3ddaf1d. A2-3-01 servicing-

      rights-pledge prohibition clause. A2-7-02 exception paraphrased

      in description.

      '
  promoted_at: '2026-05-25T17:56:47+00:00'
  promoted_from: fnma-svc-a2-3-roundd-v1.yaml
  program_review: Does the program ensure servicing compensation/rights are not sold, assigned, transferred, pledged, or hypothecated except under the A2-7-02 conditions?
  file_review: Review any agreement touching servicing compensation/rights; confirm it either effects no transfer/pledge or is structured per A2-7-02.
  judgment: false
- id: fnma-svc-a2-3-neg-am-fee-on-accrued-interest
  canonical_id: fnma-svc-a2-3-neg-am-fee-on-accrued-interest
  section: "FNMA Servicing Guide A2-3-01 — Negative amortization servicing-fee calculation"
  description: 'When a mortgage loan is undergoing negative amortization, [LENDER]

    (servicer) shall base its servicing fee on the interest amount

    that is ACCRUED, rather than on the amount that was actually

    collected. This protects FNMA''s economic interest by ensuring the

    servicer is not over-compensated relative to the deferred-interest

    reality of the loan.

    '
  type: do
  audit_question: For every negatively-amortizing FNMA-owned loan in [LENDER]'s portfolio, can [LENDER] evidence that the servicing fee was computed on accrued interest (per A2-3-01) rather than on actually-collected interest?
  workflow_phase: general_servicing_ops
  owner_role: payment_processing_specialist
  secondary_owner_role: compliance_officer
  cadence: per-monthly-cycle
  consequence: Over-charged servicing fees on neg-am loans must be refunded; reps-and-warranties exposure.
  tags:
  - round-d
  - regulator-direct
  - fnma
  - servicer-compensation
  - negative-amortization
  - servicing-fee-calculation
  - promoted
  primary_source:
    tier: 1
    authority: "FNMA Servicing Guide A2-3-01 — Calculating and Collecting Servicing Fees"
    source_class: fnma-guide
    source_url: https://singlefamily.fanniemae.com/media/document/pdf/servicing-guide
    snapshot_id: f662f911b3ddaf1d
    fetched_at: '2026-05-25T14:09:40Z'
    content_hash: sha256:89df66c43baad07f8a8dd9d224492fff7d15e8839edba02ad0e74c7e50fe5da3
    paragraph_quote: 'when a mortgage loan is undergoing negative amortization, servicing fees must be based on the interest amount that is accrued, rather than on the amount that was actually collected.

      '
    drafter_attestation: 'Copied verbatim from snapshot f662f911b3ddaf1d. A2-3-01 negative-

      amortization servicing-fee operative clause.

      '
  promoted_at: '2026-05-25T17:56:47+00:00'
  promoted_from: fnma-svc-a2-3-roundd-v1.yaml
  program_review: Does the program ensure the servicing fee on a negatively-amortizing loan is based on accrued interest, not collected interest?
  file_review: For neg-am loans, confirm the servicing fee was computed on accrued interest.
  judgment: false
- id: fnma-svc-a2-3-servicer-bears-servicing-cost
  canonical_id: fnma-svc-a2-3-servicer-bears-servicing-cost
  section: "FNMA Servicing Guide A2-3-01 — Servicer bears the cost of servicing"
  description: "As provided in the Lender Contract, [LENDER] (servicer) BEARS the\ncost of servicing mortgage loans sold to Fannie Mae, except as\nexpressly provided otherwise in Fannie Mae's Guides. The servicing\nfee that Fannie Mae pays plus the other authorized revenue sources\n(late charges, specified-activity fees, yield differential\nadjustments, negotiated prepayment premiums) are intended to\ncompensate the servicer for a variety of standard servicing\nactivities — there is no separate cost-reimbursement absent\nexplicit Guide authorization.\n"
  type: do
  audit_question: Does [LENDER]'s servicer-compensation accounting acknowledge that [LENDER] bears the cost of servicing FNMA-owned loans (with revenue limited to the authorized fee + ancillary sources), absent express Guide-provided cost reimbursement?
  workflow_phase: general_servicing_ops
  owner_role: compliance_officer
  secondary_owner_role: chief_financial_officer
  cadence: continuous
  consequence: Unjustified cost-reimbursement claims to FNMA are reps-and-warranties breach.
  tags:
  - round-d
  - regulator-direct
  - fnma
  - servicer-compensation
  - cost-allocation
  - promoted
  primary_source:
    tier: 1
    authority: "FNMA Servicing Guide A2-3-01 — Servicer Compensation"
    source_class: fnma-guide
    source_url: https://singlefamily.fanniemae.com/media/document/pdf/servicing-guide
    snapshot_id: f662f911b3ddaf1d
    fetched_at: '2026-05-25T14:09:40Z'
    content_hash: sha256:89df66c43baad07f8a8dd9d224492fff7d15e8839edba02ad0e74c7e50fe5da3
    paragraph_quote: 'the servicer bears the cost of servicing mortgage loans sold to Fannie Mae, except as expressly provided otherwise in Fannie Mae

      '
    drafter_attestation: 'Copied verbatim from snapshot f662f911b3ddaf1d. A2-3-01 servicer-

      bears-cost operative clause. Quote stops before "''s Guides" to

      avoid the U+2019 curly apostrophe; the Guide-exception is

      paraphrased in description.

      '
  promoted_at: '2026-05-25T17:56:48+00:00'
  promoted_from: fnma-svc-a2-3-roundd-v1.yaml
  program_review: Does the program's compensation accounting acknowledge the servicer bears servicing cost (revenue limited to the fee + authorized ancillary sources) absent express Guide-provided reimbursement?
  file_review: Review the servicer-compensation accounting; confirm no cost reimbursement was taken absent explicit Guide authorization.
  judgment: false
_promotion_history:
- promoted_at: '2026-05-25T17:56:48+00:00'
  candidate_path: obligations\_remediation\round-d-investor-guides\fnma-svc-a2-3-roundd-v1.yaml
  candidates_promoted: 3
  candidates_skipped_existing: 0
