source:
  type: regulation
  id: fhlmc-1301-eligibility-smoke
  authority: "FHLMC Single-Family Seller-Servicer Guide — Mortgage eligibility / Seller representations"
  description: "Smoke-test register for FHLMC Single-Family Seller-Servicer Guide —\nSeller representations and warranties regarding Mortgage eligibility.\nSmoke-test scope: ONE obligation only; full Selling-side expansion\nhappens in subsequent Round D drafting batches.\n"
obligations:
- id: fhlmc-1301-note-and-security-instrument-enforceable
  canonical_id: fhlmc-1301-note-and-security-instrument-enforceable
  section: "FHLMC SF Guide — Note and Security Instrument enforceability representation"
  description: '[LENDER], as Seller, represents and warrants that the Note and the

    Security Instrument for each Mortgage delivered to Freddie Mac must

    be enforceable by [LENDER] (the Seller). This is a fundamental

    representation supporting Freddie Mac''s purchase decision and

    [LENDER]''s ability to deliver clean title at sale.

    '
  type: do
  audit_question: "For every Mortgage [LENDER] delivers to Freddie Mac, can [LENDER] evidence that the Note and the Security Instrument are enforceable by [LENDER] as of the Delivery Date — including proper execution, proper recording where required, and absence of facially-fatal defects?"
  workflow_phase: post_close_qc
  owner_role: post_closing_specialist
  secondary_owner_role: compliance_officer
  cadence: per-delivery
  consequence: FHLMC repurchase demand on unenforceable Mortgages; reps-and-warranties breach exposure.
  tags:
  - round-d
  - regulator-direct
  - fhlmc
  - delivery
  - reps-and-warranties
  - note-enforceability
  - promoted
  primary_source:
    tier: 1
    authority: "FHLMC Single-Family Seller-Servicer Guide — Seller representation"
    source_class: fhlmc-guide
    source_url: https://guide.freddiemac.com/ci/okcsFattach/get/3046538_4
    snapshot_id: fbba421721d90cb1
    fetched_at: '2026-05-25T14:10:06Z'
    content_hash: sha256:placeholder-will-not-substring-check-against-this
    paragraph_quote: 'The Note and the Security Instrument must be enforceable by the Seller.

      '
    drafter_attestation: 'Copied verbatim from snapshot fbba421721d90cb1 (FHLMC Single-Family

      Seller-Servicer Guide consolidated PDF, downloaded 2026-05-25).

      Smoke-test obligation for Round D pipeline validation across FHLMC

      source family.

      '
  promoted_at: '2026-05-25T14:29:10+00:00'
  promoted_from: fhlmc-1301-eligibility-smoke-roundd-v1.yaml
  program_review: Do the P&Ps/QC ensure that, for every Mortgage delivered to Freddie Mac, the Note and Security Instrument are enforceable by the Seller as of Delivery — proper execution, proper recording where required, no facially-fatal defects?
  file_review: Pull delivered files; review the Note and Security Instrument for execution, recording, and facial defects. The compliance person judges enforceability.
  judgment: true
_promotion_history:
- promoted_at: '2026-05-25T14:29:10+00:00'
  candidate_path: obligations\_remediation\round-d-investor-guides\fhlmc-1301-eligibility-smoke-roundd-v1.yaml
  candidates_promoted: 1
  candidates_skipped_existing: 0
