source:
  type: regulation
  id: fhlmc-8104.1
  authority: Freddie Mac Single-Family Seller/Servicer Guide §8104.1 — Special Servicing requirements (09/10/25)
  description: "Freddie Mac Guide §8104.1 (Special Servicing requirements). Gap-fill (verbatim, ID-diff). \n"
obligations:
- id: fhlmc-8104.1-0
  canonical_id: fhlmc-8104.1-0
  section: Freddie Mac Guide 8104.1
  description: '8104.1 Special Servicing requirements: This section contains information related to: ■ Servicing
    Texas Equity Section 50(a)(6) Mortgages ■ Biweekly payment plans ■ FHA, VA, RHS and MI Servicing requirements
    ■ Incomplete improvements ■ Servicing Mortgages secured by properties subject to resale restrictions ■ Right
    of …'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - fhlmc-guide
  - section-complete
  primary_source:
    tier: 1
    authority: Freddie Mac Single-Family Seller/Servicer Guide §8104.1 — Special Servicing requirements (09/10/25)
    source_class: gse-guide
    source_url: https://guide.freddiemac.com/
    snapshot_id: 5869ee9e606cd4ae
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:9a1b23e5024bb369e7a59d36b3702383c11ace68b5d209fdef791bc8f955c637
    paragraph_quote: 'This section contains information related to: ■ Servicing Texas Equity Section 50(a)(6) Mortgages
      ■ Biweekly payment plans ■ FHA, VA, RHS and MI Servicing requirements ■ Incomplete improvements ■ Servicing
      Mortgages secured by properties subject to resale restrictions ■ Right of first refusal (a) Servicing Texas
      Equity Section 50(a)(6) Mortgages The Servicer must have adequate procedures in place to promptly receive
      and respond to Borrower inquiries, claims of defects and other complaints (whether or not the Borrower specifically
      references Article XVI Section 50(a)(6) of the Texas Constitution) received in connection with a Texas Equity
      Section 50(a)(6) Mortgage. If the Servicer receives a Borrower notification of the lender’s failure to comply,
      or otherwise discovers that the lender or Servicer has failed to comply, with the provisions of Article XVI
      of the Texas Constitution with respect to a Texas Equity Section 50(a)(6) Mortgage, it must notify Freddie
      Mac within seven Business Days of receipt (see Directory 5) of the notification or discovery and provide Freddie
      Mac with a copy of the notification and/or related information. The Servicer must cure all curable defects
      related to the origination of the Mortgage or, for Borrowers in a Trial Period Plan, the terms of the Trial
      Period Plan, in accordance with the provisions of Section 50(a)(6) of Article XVI of the Texas Constitution
      within the time period specified in Section 50(a)(6). Refer to Section 9206.2(d) for additional notification
      and other requirements with respect to a complaint or objection to a mortgage modification. (b) Biweekly payment
      plans A Borrower may choose to enter into a biweekly payment plan to accelerate the reduction in principal
      on a Mortgage by applying the equivalent of one or more extra monthly payments each year, thereby reducing
      total interest costs.'
    drafter_attestation: Verbatim from Freddie Guide §8104.1 body (max-gap occurrence), snapshot 5869ee9e606cd4ae;
      substring-verified.
  judgment: false
- id: fhlmc-8104.1-1
  canonical_id: fhlmc-8104.1-1
  section: Freddie Mac Guide 8104.1
  description: '8104.1 Special Servicing requirements: 104-2 Biweekly payment plans do not change the conditions
    and terms of the Note regarding the amount of monthly payments, when monthly payments are due, the application
    of payments, the assessment of late charges and the calculation of Delinquencies, nor do they change the way
    pa…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - fhlmc-guide
  - section-complete
  primary_source:
    tier: 1
    authority: Freddie Mac Single-Family Seller/Servicer Guide §8104.1 — Special Servicing requirements (09/10/25)
    source_class: gse-guide
    source_url: https://guide.freddiemac.com/
    snapshot_id: 5869ee9e606cd4ae
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:9a1b23e5024bb369e7a59d36b3702383c11ace68b5d209fdef791bc8f955c637
    paragraph_quote: '104-2 Biweekly payment plans do not change the conditions and terms of the Note regarding
      the amount of monthly payments, when monthly payments are due, the application of payments, the assessment
      of late charges and the calculation of Delinquencies, nor do they change the way payments are reported or
      remitted to Freddie Mac or the way Delinquencies are reported to Freddie Mac. If the Borrower asks about using
      a third party’s biweekly payment plan and this third party is not a vendor who administers the plan for the
      Servicer, then the Servicer should advise the Borrower that the: ■ Conditions and terms of the Mortgage still
      apply and will be enforced ■ Borrower can make the extra payments directly to the Servicer without a formal
      plan and without the cost and potential risks of using a third party to administer such a plan (or the Servicer
      may offer such a plan to the Borrower if the Servicer has such a plan available) ■ Borrower will be responsible
      for any late charges or payment shortages if the third party fails to make timely and sufficient payments
      to the Servicer ■ Borrower should check the type of safeguards that will be in place to protect the Borrower’s
      money from misuse by the third party before it is transferred to the Servicer ■ Mortgage could be subject
      to foreclosure action if the third party fails to remit the Borrower’s payment to the Servicer and the Mortgage
      becomes delinquent, even if the Borrower has taken legal action to recover any payments made to the third
      party that were not remitted to the Servicer If the Servicer chooses to enter into a biweekly payment plan
      with a Borrower after the Mortgage has been sold to Freddie Mac, the Servicer must ensure that the following
      requirements for the administration of the plan are met: 1. A Servicer may offer or advertise the availability
      of a biweekly payment plan for Mortgages in the Servicer’s portfolio, so long as the Servicer does not specifically
      target the offer or advertisement to Mortgages that are serviced for Freddie Mac 2. The Servicer must establish
      the biweekly payment plan pursuant to a separate agreement between the Borrower and the Servicer. The agreement
      must allow for cancelation by either the Borrower or the Servicer at any time, at which point the monthly
      payment schedule would be reinstated. The Borrower cannot be charged a fee for canceling the agreement. 3.
      Any fee that is charged to the Borrower for this service must be allowable under applicable law and be reasonable
      compared to other providers’ fees in the market 4. The Servicer may administer the plan or contract with a
      third-party vendor to administer the plan'
    drafter_attestation: Verbatim from Freddie Guide §8104.1 body (max-gap occurrence), snapshot 5869ee9e606cd4ae;
      substring-verified.
  judgment: false
- id: fhlmc-8104.1-2
  canonical_id: fhlmc-8104.1-2
  section: Freddie Mac Guide 8104.1
  description: '8104.1 Special Servicing requirements: 104-3 5. The plan must provide that two biweekly payments
    equate to one monthly payment due under the terms of the Note and that payments collected in a given month are
    applied as a monthly payment on the first day of the month following the month in which the payments were recei…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - fhlmc-guide
  - section-complete
  primary_source:
    tier: 1
    authority: Freddie Mac Single-Family Seller/Servicer Guide §8104.1 — Special Servicing requirements (09/10/25)
    source_class: gse-guide
    source_url: https://guide.freddiemac.com/
    snapshot_id: 5869ee9e606cd4ae
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:9a1b23e5024bb369e7a59d36b3702383c11ace68b5d209fdef791bc8f955c637
    paragraph_quote: 104-3 5. The plan must provide that two biweekly payments equate to one monthly payment due
      under the terms of the Note and that payments collected in a given month are applied as a monthly payment
      on the first day of the month following the month in which the payments were received. In any month in which
      a third payment is received, that payment is applied as a principal curtailment in the month following the
      month in which the payment was received. 6. All biweekly principal and interest payments received from the
      Borrower must be placed in an Escrow Custodial Account that meets the requirements of Chapter 8302. If the
      Servicer administers the plan, then the payments must be placed into the Escrow Custodial Account no later
      than the first Business Day after their receipt by the Servicer. If the Servicer administers the plan through
      a third party, then the payments must be placed into the Escrow Custodial Account no later than the second
      Business Day after the date on which the third party deposits the payments into the Servicer’s payment clearing
      account. On the payment due date, sufficient funds to equate to one monthly payment must be posted to the
      Mortgage record and the funds transferred into the Principal and Interest Custodial Account. The Servicer
      may use the Escrow Custodial Account that is established for Escrow items such as property taxes and property
      and mortgage insurance premiums so long as the biweekly payment funds can be identified and accounted for
      separately for each Borrower using the plan, or the Servicer may set up a separate Escrow Custodial Account
      that meets the requirements of Chapter 8302. 7. If the Borrower does not pay the third biweekly payment in
      a month when a third payment is due under the plan, the Borrower may not be charged a late charge or reported
      as delinquent 8. The Servicer must be able to identify which Mortgages have biweekly payment plans and provide
      this information to Freddie Mac if asked to do so (c) FHA, VA, RHS and MI Servicing requirements The Servicer
      must comply with and use its best efforts to obtain compliance by the original Borrower and any transferee
      of the Borrower with all requirements of the FHA, VA, RHS or MI for Mortgages serviced for Freddie Mac. References
      to FHA, VA, RHS and MI requirements are made elsewhere in this Guide, and some guidance is given as to the
      nature of these requirements. The Servicer must ensure that all applicable FHA, VA, RHS and MI requirements
      are satisfied, so that Freddie Mac receives full benefit of the FHA insurance, RHS guaranty, VA guaranty or
      mortgage insurance. (d) Incomplete improvements In addition to all other Servicing requirements of the Servicing
      Contract, Servicers that service any Mortgage that was permitted to be delivered to Freddie Mac prior to completion
    drafter_attestation: Verbatim from Freddie Guide §8104.1 body (max-gap occurrence), snapshot 5869ee9e606cd4ae;
      substring-verified.
  judgment: false
- id: fhlmc-8104.1-3
  canonical_id: fhlmc-8104.1-3
  section: Freddie Mac Guide 8104.1
  description: '8104.1 Special Servicing requirements: 104-4 of repairs and/or improvements (e.g., pursuant to GreenCHOICE
    Mortgages® in Chapter 4606 or Mortgages with Settlement Dates before completion of renovations in Sections 4607.1(b)
    and CHOICEReno eXPress® Mortgages in 4607.1(c) or eligibility of a property with incomplete imp…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - fhlmc-guide
  - section-complete
  primary_source:
    tier: 1
    authority: Freddie Mac Single-Family Seller/Servicer Guide §8104.1 — Special Servicing requirements (09/10/25)
    source_class: gse-guide
    source_url: https://guide.freddiemac.com/
    snapshot_id: 5869ee9e606cd4ae
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:9a1b23e5024bb369e7a59d36b3702383c11ace68b5d209fdef791bc8f955c637
    paragraph_quote: '104-4 of repairs and/or improvements (e.g., pursuant to GreenCHOICE Mortgages® in Chapter
      4606 or Mortgages with Settlement Dates before completion of renovations in Sections 4607.1(b) and CHOICEReno
      eXPress® Mortgages in 4607.1(c) or eligibility of a property with incomplete improvements in 5601.3) must
      comply with the Servicing requirements related to completion of such repairs and/or improvements. This includes,
      but is not limited to: ■ Processing, management and performance of draw inspections and/or maintenance and
      management of disbursements of the completion escrow account (and application of any remaining funds) ■ Retention
      of certain documentation in the Mortgage file, such as the costs of the repairs and/or improvements, appraisal(s)
      and a certification of completion ■ Receipt of a completion report, including photographs of the completed
      items and, as applicable, evidence that the Mortgage remains a valid First Lien on the Mortgaged Premises
      in accordance with Section 4201.2, and ■ Meeting the requirements for CHOICERenovation® Mortgages delivered
      pursuant to Mortgages with Settlement Dates before completion of renovations (as described in Section 4607.1(b)),
      maintaining the Renovation Funds in their respective Custodial Account for Renovation Funds (as described
      in Section 4607.12), managing the contingency reserve requirements (as described in Section 4607.11(b)) and
      requesting removal of recourse (as described in Section 4607.14) For specific Servicing requirements related
      to post-delivery completion of repairs and/or improvements, see GreenCHOICE Mortgages in Chapters 4606 and
      CHOICERenovation Mortgages in 4607 and eligibility of a property with incomplete improvements in Section 5601.3,
      as applicable. Note: These Servicing requirements, which may be fulfilled by the Seller in its capacity as
      Seller/Servicer, are considered selling obligations. (e) Servicing Mortgages secured by properties subject
      to resale restrictions (i) Properties subject to resale restrictions Freddie Mac purchases Mortgages secured
      by properties subject to resale restrictions, including, but not limited to, income-based resale restrictions.
      Such resale restrictions either: ■ Survive conveyance of the subject property following foreclosure or recordation
      of a deed-in-lieu of foreclosure; or ■ Terminate upon foreclosure (or expiration of any applicable legally
      required foreclosure redemption period) or recordation of a deed-in-lieu of foreclosure'
    drafter_attestation: Verbatim from Freddie Guide §8104.1 body (max-gap occurrence), snapshot 5869ee9e606cd4ae;
      substring-verified.
  judgment: false
- id: fhlmc-8104.1-4
  canonical_id: fhlmc-8104.1-4
  section: Freddie Mac Guide 8104.1
  description: '8104.1 Special Servicing requirements: 104-5 Refer to the following Guide provisions for additional
    information related to Servicing Mortgages secured by properties subject to resale restrictions: Other Guide
    provisions related to Servicing Mortgages secured by properties subject to resale restrictions Topic Guide loc…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - fhlmc-guide
  - section-complete
  primary_source:
    tier: 1
    authority: Freddie Mac Single-Family Seller/Servicer Guide §8104.1 — Special Servicing requirements (09/10/25)
    source_class: gse-guide
    source_url: https://guide.freddiemac.com/
    snapshot_id: 5869ee9e606cd4ae
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:9a1b23e5024bb369e7a59d36b3702383c11ace68b5d209fdef791bc8f955c637
    paragraph_quote: '104-5 Refer to the following Guide provisions for additional information related to Servicing
      Mortgages secured by properties subject to resale restrictions: Other Guide provisions related to Servicing
      Mortgages secured by properties subject to resale restrictions Topic Guide location Resale restrictions included
      in the Community Land Trust Ground Lease (as described in Chapter 4502) Section 8701.1(f) Property values
      and Mortgages secured by properties subject to resale restrictions Sections 9202.4(a) and 9202.4(b) Freddie
      Mac Standard Short Sale (“short sale”) evaluation requirements for Mortgages secured by properties subject
      to resale restrictions Sections 9208.1(b)(iii) and 9208.2(a) Foreclosure sale bidding requirements on properties
      subject to resale restrictions Sections 9301.8(a), 9301.8(b) and 9301.8(d) (ii) Income-based resale restrictions
      Pursuant to requirements related to excess proceeds for Mortgages secured by properties subject to income-based
      resale restrictions in Section 4406.9, the subsidy provider may be entitled to any applicable excess proceeds
      when there is a transfer of title on a property subject to income-based resale restrictions that occurs as
      a result of such property being sold by: ■ The Borrower for an amount exceeding the resale-restricted price;
      or ■ Freddie Mac after acquiring title through a completed foreclosure sale or deed-in-lieu of foreclosure
      Excess proceeds on properties subject to income-based resale restrictions are those proceeds that are over
      and above the amount that is required to satisfy the total indebtedness, including any additional liens, claims
      or encumbrances, in addition to any amount(s) incurred during an REO holding period if title was acquired
      by Freddie Mac via a completed foreclosure sale or deed-in-lieu of foreclosure. Upon satisfaction of the total
      indebtedness as outlined above, any excess proceeds should be distributed as outlined below:'
    drafter_attestation: Verbatim from Freddie Guide §8104.1 body (max-gap occurrence), snapshot 5869ee9e606cd4ae;
      substring-verified.
  judgment: false
- id: fhlmc-8104.1-5
  canonical_id: fhlmc-8104.1-5
  section: Freddie Mac Guide 8104.1
  description: '8104.1 Special Servicing requirements: 104-6 ■ For properties that are sold by the Borrower for
    an amount exceeding the resale- restricted price agreed upon in the resale-restricted covenants: ❑ First to
    the Borrower and subsidy provider for equity due as agreed upon in the resale-restricted covenants, and ❑ All
    remai…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - fhlmc-guide
  - section-complete
  primary_source:
    tier: 1
    authority: Freddie Mac Single-Family Seller/Servicer Guide §8104.1 — Special Servicing requirements (09/10/25)
    source_class: gse-guide
    source_url: https://guide.freddiemac.com/
    snapshot_id: 5869ee9e606cd4ae
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:9a1b23e5024bb369e7a59d36b3702383c11ace68b5d209fdef791bc8f955c637
    paragraph_quote: '104-6 ■ For properties that are sold by the Borrower for an amount exceeding the resale- restricted
      price agreed upon in the resale-restricted covenants: ❑ First to the Borrower and subsidy provider for equity
      due as agreed upon in the resale-restricted covenants, and ❑ All remaining excess proceeds to the subsidy
      provider when the resale-restricted covenants include terms for excess proceeds to be distributed to the subsidy
      provider ■ For properties that are sold by Freddie Mac after acquiring title through a completed foreclosure
      sale or deed-in-lieu of foreclosure: ❑ First to Freddie Mac for any amount(s) incurred during an REO holding
      period, as applicable, and ❑ All remaining excess proceeds to the subsidy provider when the resale-restricted
      covenants include terms for excess proceeds to be distributed to the subsidy provider Note: Servicers will
      not be responsible for these REO activities. For more information on Servicer responsibilities on REO properties,
      see Chapter 9601. (f) Right of first refusal In certain circumstances, the Servicer may be required to provide
      notice to the required parties allowing the timely exercise of certain rights available to a holder (or its
      designee) and its successors or assigns (the “option holder”) of any right of first refusal (e.g., right to
      provide a substitute purchaser, right to have the first option to purchase a property or the right to approve
      a purchaser) if the right of first refusal has been retained by the option holder. Note that, pursuant to
      requirements for acceptable exceptions to the title insurance policy or to the attorney’s opinion of title
      letter in Section 4702.4(d) regarding acceptable exceptions to the title insurance policy or to the attorney’s
      opinion of title covering each Mortgage purchased by Freddie Mac, exceptions for restrictive agreements or
      restrictive covenants of record related to a right of first refusal are acceptable, provided that certain
      conditions are met. This includes that such restrictive agreements or restrictive covenants do not create
      or provide for any lien that would be prior to the lien of the Home Mortgage nor provide for the elimination
      of the lien of the Home Mortgage. Refer to the following Guide provisions for additional information related
      to right of first refusal:'
    drafter_attestation: Verbatim from Freddie Guide §8104.1 body (max-gap occurrence), snapshot 5869ee9e606cd4ae;
      substring-verified.
  judgment: false
- id: fhlmc-8104.1-6
  canonical_id: fhlmc-8104.1-6
  section: Freddie Mac Guide 8104.1
  description: '8104.1 Special Servicing requirements: 104-7 Other Guide provisions related to right of first refusal
    Topic Guide location Right of first refusal for Mortgages secured by properties subject to resale restrictions
    Chapter 4406 “The right of first refusal” included in the Community Land Trust Ground Lease Section 4502.7…'
  type: do
  tags:
  - regulator-direct
  - gap-fill
  - fhlmc-guide
  - section-complete
  primary_source:
    tier: 1
    authority: Freddie Mac Single-Family Seller/Servicer Guide §8104.1 — Special Servicing requirements (09/10/25)
    source_class: gse-guide
    source_url: https://guide.freddiemac.com/
    snapshot_id: 5869ee9e606cd4ae
    fetched_at: '2026-06-18T00:00:00+00:00'
    content_hash: sha256:9a1b23e5024bb369e7a59d36b3702383c11ace68b5d209fdef791bc8f955c637
    paragraph_quote: 104-7 Other Guide provisions related to right of first refusal Topic Guide location Right of
      first refusal for Mortgages secured by properties subject to resale restrictions Chapter 4406 “The right of
      first refusal” included in the Community Land Trust Ground Lease Section 4502.7 Right of first refusal for
      Mortgages secured by Condominium Units in New Condominium Projects Section 5701.6(f) Right of first refusal
      for a Cooperative Share Loan secured by a First Lien on the Cooperative Interest to a Cooperative Unit Section
      5705.6(b)
    drafter_attestation: Verbatim from Freddie Guide §8104.1 body (max-gap occurrence), snapshot 5869ee9e606cd4ae;
      substring-verified.
  judgment: false
