source:
  type: guide
  id: fnma-svc-e-1.1-02
  authority: Fannie Mae Servicing Guide E-1.1-02 — Required Referral Documents
  description: Fannie Mae Servicing Guide E-1.1-02 — Required Referral Documents.
  coverage_tier: operative
obligations:
- id: fnma-svc-e-1.1-02-full
  canonical_id: fnma-svc-e-1.1-02-full
  section: Fannie Mae Servicing Guide E-1.1-02 — Required Referral Documents
  type: do
  tags:
  - regulator-direct
  - fnma
  - servicing-guide
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: Fannie Mae Servicing Guide E-1.1-02 — Required Referral Documents
    source_class: fnma-guide
    source_url: https://singlefamily.fanniemae.com/media/document/pdf/servicing-guide
    snapshot_id: cf63a82bbb4adfba
    fetched_at: '2026-05-22T23:53:19Z'
    content_hash: sha256:89df66c43baad07f8a8dd9d224492fff7d15e8839edba02ad0e74c7e50fe5da3
    paragraph_quote: 'E-1.1-02, Required Referral Documents (11/12/2014) Introduction
      This topic contains the following: Published May 13, 2026 398 Overview Additional
      Required Bankruptcy Referral Documents Additional Required Foreclosure Referral
      Documents Additional Documents Required for Proceedings Involving a Manufactured
      Home Overview The servicer must provide all appropriate documentation and mortgage
      loan status data for each mortgage loan it refers to a law ﬁrm for any default-related
      legal services. After referral, the servicer must keep the law ﬁrm informed
      about any change in the status of the mortgage loan. At the time of any referral
      to a law ﬁrm, the servicer must provide the law ﬁrm with a true, correct, and
      complete copy of the note, including any allonge, produced from the original
      held by the document custodian; the original note, including any allonge; or
      a lost note aﬃdavit. Providing a copy of or the original note will depend on
      whether the applicable law of the jurisdiction requires the original note or
      merely a copy. Lost note aﬃdavits must only be used after a thorough and diligent
      search has been made for the original note. Fannie Mae does not reimburse the
      servicer for the cost to obtain original notes or lost note aﬃdavits. The servicer
      must institute a process to request the necessary documents from the document
      custodian no later than the 95th day of delinquency in order to ensure that
      these documents are available at the time of referral. If the servicer fails
      to provide the appropriate documentation and information as part of the referral
      package, or does not respond within three business days to requests from the
      law ﬁrm for additional information or documents, Fannie Mae reserves the right
      to pursue any of its available remedies, which may include, but are not limited
      to, the following: indemniﬁcation, “make whole,” repurchase, or compensatory
      fees. Additional Required Bankruptcy Referral Documents The following table
      lists the documentation required speciﬁcally for bankruptcy referral packages.
      Published May 13, 2026 399 ✓ Documentation required for the bankruptcy referral
      package All legal documents the law ﬁrm needs to conduct the bankruptcy proceedings.
      All necessary information about the status of • the property, • the borrower,
      • the mortgage loan, and • the bankruptcy ﬁling. Any relevant information on
      the current and any prior bankruptcy ﬁlings, such as plans, pleadings, schedules,
      and proofs of claims involving the borrower or the subject property. Information
      related to any potential workout options. The mortgage loan collection history.
      Any current or previous foreclosure status information. All information the
      servicer has regarding the value of the security property, if applicable. The
      servicer must check its records for the mortgage loan carefully to determine
      whether the borrower has ﬁled for bankruptcy previously. If the records reﬂect
      other bankruptcy ﬁlings, the servicer must mark the referral package it sends
      to the bankruptcy attorney as “repeat ﬁler” or “possible bankruptcy abuse” and
      ask the attorney to conﬁrm whether the borrower’s ﬁling is considered “abusive.”
      See also E-2.3-01, Identifying Abusive Filers for additional information. Additional
      Required Foreclosure Referral Documents When an assignment of mortgage to the
      party in whose name the foreclosure will be conducted is required (and in all
      cases as to which MERS is the mortgagee of record), the servicer must adhere
      to the requirements shown in the following table. ✓ The servicer must... Have
      a process to identify the mortgagee of record by the 90th day of delinquency.
      Published May 13, 2026 400 ✓ The servicer must... Ensure that, no later than
      the time of the foreclosure referral to a law ﬁrm, the mortgage has been validly
      assigned (that is, is legally eﬀective and enforceable) to the party in whose
      name the foreclosure will be conducted. The following table provides additional
      requirements for the assignment of mortgages. If... Then the servicer... the
      property is located in a jurisdiction that recognizes the eﬀectiveness of executed,
      but unrecorded, assignments may initiate foreclosure prior to recordation of
      the assignment. However, the assignment must be recorded as soon as possible,
      in compliance with the laws of the jurisdiction where the property is located.
      the jurisdiction requires recordation of the assignment to the party in whose
      name the foreclosure will be conducted before proceeding with foreclosure must
      record the assignment before the foreclosure begins (as deﬁned by applicable
      state or local law). the MERS is the mortgagee of record must as quickly as
      possible prepare and execute (and record, if necessary) the assignment of mortgage
      from MERS to the party in whose name the foreclosure will be conducted. the
      assignment of the mortgage has been executed but not recorded or sent for recording
      as of the date of the foreclosure referral must include the original assignment
      in the referral package sent to the law ﬁrm. applicable law requires that there
      be an assignment of mortgage to the servicer or Fannie Mae before foreclosure
      referral, e.g., prior to the sending of a notice of default or right to cure
      must prepare and execute (and record, if necessary) the assignment of mortgage
      in compliance with applicable requirements. Additional Documents Required for
      Proceedings Involving a Manufactured Home If the referral is for a mortgage
      loan secured by a manufactured home, the servicer must also provide the law
      ﬁrm with Published May 13, 2026 401 information that the property type is manufactured
      housing; copies (or originals, if originals will be needed) of all collateral
      documents or other documents that may facilitate the legal process; and a copy
      of the property inspection report, property status report, or other documentation
      that identiﬁes the status of the property as manufactured housing. Recent Related
      Announcements There are no recently issued Announcements related to this topic.'
  judgment: false
