source:
  type: guide
  id: fnma-svc-a1-1-02
  authority: Fannie Mae Servicing Guide A1-1-02 — Representation and Warranty Requirements
  description: Fannie Mae Servicing Guide A1-1-02 — Representation and Warranty Requirements.
  coverage_tier: operative
obligations:
- id: fnma-svc-a1-1-02-full
  canonical_id: fnma-svc-a1-1-02-full
  section: Fannie Mae Servicing Guide A1-1-02 — Representation and Warranty Requirements
  type: do
  tags:
  - regulator-direct
  - fnma
  - servicing-guide
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: Fannie Mae Servicing Guide A1-1-02 — Representation and Warranty Requirements
    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: 'A1-1-02, Representation and Warranty Requirements (08/16/2017)
      Introduction This topic contains the following: Representation and Warranty
      Requirements for All Fannie Mae Mortgage Loans Representation and Warranty Requirements
      for Mortgage Loans with Mortgage Insurance Indemniﬁcation for Losses Representation
      and Warranty Requirements for All Fannie Mae Mortgage Loans In order to sell
      mortgage loans to Fannie Mae or deliver pools of mortgage loans to Fannie Mae
      for MBS, the seller makes certain representations and warranties concerning
      the seller itself as well as the mortgage loans it is selling or delivering.
      The MSSC contains speciﬁc representations and warranties as does the Selling
      Guide. See Selling Guide A2-1-01, Contractual Obligations for Seller/Servicers
      for additional information on the MSSC and general contract terms. Additional
      representations and warranties are contained in the Servicing Guide and elsewhere
      in the Lender Contract. Violation of any representation or warranty is a breach
      of the Lender Contract, including the warranty that the mortgage loan complies
      with all applicable requirements of the Lender Contract, which provides Fannie
      Mae with certain rights and remedies. All selling representations and warranties
      are made to Fannie Mae as of the date a seller/servicer transfers mortgage loans
      to Fannie Mae and continue and survive the sale of mortgage loans to Fannie
      Mae or delivery of pools of mortgage loans for Fannie Mae MBS, any subsequent
      resale of the mortgage loans by Fannie Mae, and termination of the MSSC and
      any agreement that is part of the Lender Contract unless Fannie Mae expressly
      releases the seller/servicer from them in writing. The seller/servicer makes
      each representation and warranty set forth in the Lender Contract separately
      and independently from every other warranty it makes for a speciﬁc mortgage
      loan. Representations and warranties are not limited to matters of which the
      seller/servicer had knowledge, except for the warranties numbered 10, 11, and
      17 of Section IV, A: Speciﬁc Warranties, of the MSSC, which are violated only
      if the seller/servicer had knowledge of the untruth or, acting as a prudent
      seller/servicer, should have known about it through the exercise of due diligence.
      Although warranty number 17 is limited to matters of which the seller/servicer
      has knowledge or, as a prudent seller/servicer, should have discovered, this
      limitation does not in any way limit the seller/servicer’s warranty number 1
      that the mortgage loan meets all applicable requirements in the Lender Contract,
      nor does it aﬀect any other warranty. The seller/servicer is Published May 13,
      2026 4 deemed to know matters that are of public record. Because the selling
      warranties are not limited to matters within a seller/servicer’s knowledge,
      except as noted above, the action or inaction (including misrepresentation or
      fraud) of the borrower, or a third party, as well as the action or inaction
      (including misrepresentation or fraud) of the seller/servicer will constitute
      the seller/servicer’s breach of a selling warranty. The servicer that acquires
      the servicing of a mortgage loan (either concurrently with or subsequent to
      Fannie Mae’s purchase of the mortgage loan) assumes and is responsible for the
      same selling warranties that the party responsible for the selling representations
      and warranties made when the mortgage loan was sold to Fannie Mae. When the
      servicer transfers its contractual right to service some or all of its servicing
      responsibilities to another Fannie Mae-approved servicer, any variance or waiver
      granted to a transferor servicer does not automatically transfer to the transferee
      servicer. In addition, the transferor servicer and transferee servicer must
      ensure that all existing special servicing obligations associated with the transferred
      mortgage loan are disclosed. By submitting any mortgage loan or participation
      interest to Fannie Mae under any execution, including MBS, or a portfolio mortgage
      loan, the seller/servicer represents and warrants that there is no agreement
      with any other party providing for servicing the mortgage loans that continues
      after such date unless there is full compliance with all the Fannie Mae Guide
      requirements for subservicing, or any prior servicing agreement is made expressly
      subordinate to Fannie Mae’s rights as owner of the mortgage loans. The party
      that was servicing for the seller/servicer prior to such date may become the
      servicer for Fannie Mae, if there is full compliance with all the Servicing
      Guide requirements that provide for assignment of servicing from the seller/servicer
      concurrent with conveyance of the mortgage loan to Fannie Mae. For additional
      information, see A2-7-01, Concurrent Servicing Transfers. Representation and
      Warranty Requirements for Mortgage Loans with Mortgage Insurance The seller
      represents and warrants that each mortgage loan it sells and delivers is insurable
      and that no fraud or material misrepresentation has been committed by any employee,
      any agent of the responsible party, or any third party including, without limitation,
      the borrower; by act or omission, in connection with the origination of the
      mortgage loan or servicing prior to the sale; and regardless of the level or
      type of documentation, veriﬁcation, or corroboration of information that may
      be required by the Selling Guide or any other contract. A mortgage loan is insurable
      if a mortgage insurer would not decline to insure it by reason of any fraud,
      misrepresentation, negligence, or dishonest, criminal, or knowingly wrongful
      act in origination or servicing, and would not be entitled to deny a claim by
      reason of any of the foregoing. Published May 13, 2026 5 See Chapter B-8, Mortgage
      Insurance for additional information. Indemniﬁcation for Losses For information
      regarding Fannie Mae''s Indemniﬁcation requirements and process, see Selling
      Guide A2-1-03, Indemniﬁcation for Losses. Recent Related Announcements There
      are no recently issued Announcements related to this topic.'
  judgment: false
