source:
  type: guide
  id: fnma-svc-d2-3.2-05
  authority: Fannie Mae Servicing Guide D2-3.2-05 — Disaster Payment Deferral
  description: Fannie Mae Servicing Guide D2-3.2-05 — Disaster Payment Deferral.
  coverage_tier: operative
obligations:
- id: fnma-svc-d2-3.2-05-full
  canonical_id: fnma-svc-d2-3.2-05-full
  section: Fannie Mae Servicing Guide D2-3.2-05 — Disaster Payment Deferral
  type: do
  tags:
  - regulator-direct
  - fnma
  - servicing-guide
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: Fannie Mae Servicing Guide D2-3.2-05 — Disaster Payment Deferral
    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: 'D2-3.2-05, Disaster Payment Deferral (08/13/2025) Introduction
      This topic contains the following: See also Chapter D1-3, Providing Assistance
      to a Borrower Impacted by a Disaster Event for the requirements for assisting
      a borrower impacted by a disaster. Determining Eligibility for a Disaster Payment
      Deferral Determining Eligibility for a Disaster Payment Deferral for a Texas
      Section 50(a)(6) Loan Performing an Escrow Analysis Determining the Disaster
      Payment Deferral Terms Completing a Disaster Payment Deferral Soliciting a Borrower
      for a Disaster Payment Deferral Requirement to Make a Payment During the Month
      of Solicitation and/or a Processing Month for a Disaster Payment Deferral Using
      the Solicitation Letters Processing a Disaster Payment Deferral for an MBS Mortgage
      Loan Processing a Disaster Payment Deferral for a Mortgage Loan with Mortgage
      Insurance Handling Fees and Late Charges in Connection with a Disaster Payment
      Deferral Evaluating Mortgage Loans Subject to a Temporary Interest Rate Buydown
      Plan for a Disaster Payment Deferral Determining Eligibility for a Disaster
      Payment Deferral The servicer must not require a complete BRP to evaluate the
      borrower for a disaster payment deferral if the eligibility criteria are satisﬁed.
      Note: A disaster-related forbearance plan is not required for purposes of determining
      borrower eligibility for a disaster payment deferral. In order to be eligible
      for a disaster payment deferral, the criteria in the following table must be
      met. Published May 13, 2026 339 ✓ Eligibility Criteria for a Disaster Payment
      Deferral The disaster event must result in • a ﬁnancial hardship (e.g., a loss/reduction
      of income or increase in expenses) that impacts the borrower’s ability to pay
      their current contractual monthly payment, and • either ⚬ the property securing
      the mortgage loan experienced an insured loss, ⚬ the property securing the mortgage
      loan is located in a FEMA-Declared Disaster Area eligible for Individual Assistance,
      or ⚬ the borrower’s place of employment is located in a FEMA-Declared Disaster
      Area eligible for Individual Assistance. Note: See Evaluating the Extent and
      Nature of the Property Damage in D1-3-01, Evaluating the Impact of a Disaster
      Event and Assisting a Borrower for additional information on what constitutes
      a disaster. The servicer must achieve QRPC with the borrower (see D2-2-01, Achieving
      Quality Right Party Contact with a Borrower for additional information). Additionally,
      the servicer must conﬁrm that the borrower • has resolved the hardship, • is
      able to continue making the full monthly contractual payment, including the
      amount required to repay any escrow shortage amount over a term of 60 months,
      and • is unable to reinstate the mortgage loan or aﬀord a repayment plan to
      cure the delinquency. The mortgage loan must be a conventional ﬁrst lien mortgage
      loan, and may be a ﬁxed-rate, a step-rate, or an ARM. Note: The property securing
      the mortgage loan may be vacant or condemned. The mortgage loan must • have
      been current or less than two months delinquent at the time the disaster occurred
      (e.g., disaster occurs on Mar. 20, the borrower has an LPI of Jan. 1 when the
      disaster occurred), and • be equal to or greater than one month delinquent but
      less than or equal to 12 months delinquent as of the date of evaluation. Note:
      If a borrower’s hardship is related to disaster but they were two or more months
      delinquent as of the date the disaster occurred, and the servicer determines
      the borrower can maintain their full monthly contractual payment, then the servicer
      must submit a request for a disaster payment deferral through Fannie Mae’s servicing
      solutions system for review and obtain prior approval from Fannie Mae. Published
      May 13, 2026 340 ✓ Eligibility Criteria for a Disaster Payment Deferral The
      mortgage loan must not have previously received a disaster payment deferral
      as a result of the same disaster event. Note: The mortgage loan may have previously
      received a non-disaster payment deferral As of the evaluation date, the mortgage
      loan must not be within 36 months of its maturity or projected payoﬀ date. Note:
      If the borrower is otherwise eligible for a disaster payment deferral and the
      servicer determines that a disaster payment deferral is the appropriate solution
      based on the borrower''s circumstances, then the servicer is authorized to submit
      a request for a disaster payment deferral through Fannie Mae''s servicing solutions
      system for review and to obtain prior approval from Fannie Mae. The mortgage
      loan must not be subject to • a recourse or indemniﬁcation arrangement under
      which Fannie Mae purchased or securitized the mortgage loan or that was imposed
      by Fannie Mae after the mortgage loan was purchased or securitized, • an approved
      liquidation workout option, • an active and performing repayment plan, • a current
      oﬀer for another retention workout option, or • an active and performing mortgage
      loan modiﬁcation Trial Period Plan. Determining Eligibility for a Disaster Payment
      Deferral for a Texas Section 50(a)(6) Loan A Texas Section 50(a)(6) loan is
      eligible for a disaster payment deferral if the requirements described in Determining
      Eligibility for a Disaster Payment Deferral are satisﬁed, and the application
      of a disaster payment deferral to the mortgage loan complies with applicable
      law. If the servicer receives a notice from the borrower that a disaster payment
      deferral fails to comply with Texas Section 50(a)(6) requirements, the servicer
      must immediately, but no later than seven business days after receipt, take
      the actions listed in the following table. ✓ The servicer must... Inform Fannie
      Mae’s Legal department by submitting a Non-Routine Litigation Form (Form 20)
      and include the borrower notice in its submission. Published May 13, 2026 341
      ✓ The servicer must... Collaborate with Fannie Mae on the appropriate response,
      including any cure that may be necessary, within the 60-day time frame provided
      by requirements of Texas Section 50(a)(6). Performing an Escrow Analysis The
      servicer must perform an escrow analysis prior to oﬀering a disaster payment
      deferral. See Administering an Escrow Account in Connection With a Payment Deferral
      in B-1-01, Administering an Escrow Account and Paying Expenses for additional
      information. Any escrow account shortage that is identiﬁed at the time of the
      disaster payment deferral must not be included in the non-interest-bearing balance,
      and the servicer is not required to fund any existing escrow account shortage.
      If applicable law prohibits the establishment of the escrow account, the servicer
      must ensure that the T&I payments are paid to date. Determining the Disaster
      Payment Deferral Terms The servicer must defer the following amounts as a non-interest
      bearing balance, due and payable at maturity of the mortgage loan, or earlier
      upon the sale or transfer of the property, reﬁnance of the mortgage loan, or
      payoﬀ of the interest-bearing UPB: up to 12 months of past-due P&I payments;
      out-of-pocket escrow advances paid to third parties, provided they are paid
      prior to the eﬀective date of the disaster payment deferral; and servicing advances
      paid to third parties in the ordinary course of business and not retained by
      the servicer, provided they are paid prior to the eﬀective date of the disaster
      payment deferral, if allowed by state law. All other terms of the mortgage loan
      must remain unchanged. Any existing non-interest bearing balance amount on the
      mortgage loan remains due and payable at maturity of the mortgage loan, or earlier
      upon the sale or transfer of the property, reﬁnance of the mortgage loan, or
      payoﬀ of the interest-bearing UPB. Also see A4-2.1-07, Servicer''s Duties and
      Responsibilities Related to Mortgage Loans with an Outstanding Non- Interest-Bearing
      Balance for additional information. Completing a Disaster Payment Deferral Fannie
      Mae considers a disaster payment deferral to be completed when the case is submitted
      into Fannie Mae''s servicing solutions system, including entry of loan-level
      information such as the applicable campaign ID to identify a payment deferral.
      The case must be entered by the last day of the month in which the evaluation
      took Published May 13, 2026 342 place. If the servicer is unable to complete
      the disaster payment deferral prior to the 15th day of the evaluation month,
      then the servicer is authorized to allow for suﬃcient processing time (using
      a "processing month") to complete a disaster payment deferral. The servicer
      must treat all borrowers equally in applying the processing month, as evidenced
      by written policy. The servicer must send the disaster payment deferral agreement,
      or equivalent, to the borrower no later than ﬁve days after the completion of
      the disaster payment deferral. While use of the disaster payment deferral agreement
      is optional, it reﬂects the minimum level of information that the servicer must
      communicate and illustrates a level of speciﬁcity that complies with the requirements
      of this Guide. Also, the servicer must ensure the disaster payment deferral
      agreement complies with applicable law. Note: If the servicer determines the
      borrower’s signature is required on the disaster payment deferral agreement,
      it must receive the executed agreement prior to completing the disaster payment
      deferral. The servicer represents and warrants that application of the disaster
      payment deferral to the mortgage loan does not impair Fannie Mae''s ﬁrst lien
      position or enforceability against the borrower(s) in accordance with its terms.
      The servicer must also provide documents to the document custodian in accordance
      with the following table. If the disaster payment deferral agreement is... Then
      the servicer must send... not required to be signed by the borrower a copy of
      the disaster payment deferral agreement signed by the servicer to the document
      custodian within 25 days of the eﬀective date of the disaster payment deferral.
      required to be signed by the borrower but not recorded the fully executed original
      disaster payment deferral agreement to the document custodian within 25 days
      of the eﬀective date of the disaster payment deferral. required to be recorded
      • a certiﬁed copy of the fully executed disaster payment deferral agreement
      to the document custodian within 25 days of the eﬀective date of the disaster
      payment deferral, and • the original disaster payment deferral agreement that
      is returned from the recorder’s oﬃce to the document custodian within 5 business
      days of receipt. Soliciting a Borrower for a Disaster Payment Deferral Published
      May 13, 2026 343 If the servicer is unable to achieve QRPC as described in Contacting
      a Borrower During a Forbearance Plan Term in D2-3.2-01, Forbearance Plan with
      a borrower on a disaster-related forbearance plan and the borrower is otherwise
      eligible for a disaster payment deferral, the servicer must solicit the borrower
      for a disaster payment deferral within 15 days after expiration of the forbearance
      plan. If a borrower with a disaster-related hardship does not make their total
      monthly repayment plan payment by the end of the month in which it is due, then
      the servicer must solicit the borrower for a disaster payment deferral by the
      15th day of the following month, provided that QRPC has not been achieved and
      the borrower is otherwise eligible for a disaster payment deferral. See Using
      the Solicitation Letters later in this topic for additional information. The
      servicer must refer to Evaluating or Soliciting a Borrower with a Disaster-Related
      Hardship for a Fannie Mae Flex Modiﬁcation in D2-3.2-06, Fannie Mae Flex Modiﬁcation
      for when to solicit the borrower for a Fannie Mae Flex Modiﬁcation. Requirement
      to Make a Payment During the Month of Solicitation and/or a Processing Month
      for a Disaster Payment Deferral The borrower must make their full monthly contractual
      payment during the month of the solicitation and/or a processing month if, as
      of the date of evaluation, the mortgage loan is 12 months delinquent. In this
      circumstance, the servicer must complete the disaster payment deferral within
      the month of the solicitation and/or processing month after receipt of the borrower''s
      full monthly contractual payment due during that month. Using the Solicitation
      Letters When soliciting the borrower for a disaster payment deferral, the servicer
      must use the Payment Deferral Post- Disaster Forbearance Plan Solicitation Cover
      Letter or the Disaster Payment Deferral Post-Repayment Plan Solicitation Cover
      Letter, as applicable, with the payment deferral agreement or the equivalent,
      making any appropriate changes to comply with applicable law. While use of these
      documents is optional, they reﬂect the minimum level of information that the
      servicer must communicate and illustrate a level of speciﬁcity that complies
      with the requirements of the Servicing Guide. The servicer must ensure that
      all documents comply with applicable law. The servicer must included instruction
      on how to accept the solicitation in the payment deferral agreement. The servicer
      is authorized to consider the following as acceptance by the borrower, subject
      to applicable law: the borrower contacting the servicer directly in accordance
      with any acceptable outreach and communication method, the borrower returning
      an executed payment deferral agreement, or any other method evidencing the borrower''s
      acceptance as determined by the servicer. Published May 13, 2026 344 Processing
      a Disaster Payment Deferral for an MBS Mortgage Loan MBS mortgage loans subject
      to a disaster payment deferral will not be subject to automatic reclassiﬁcation
      as described in A1-3-06, Automatic Reclassiﬁcation of MBS Mortgage Loans. In
      addition, the servicer must not make a manual reclassiﬁcation request for mortgage
      loans subject to a disaster payment deferral. Processing a Disaster Payment
      Deferral for a Mortgage Loan with Mortgage Insurance The servicer must see F-2-06,
      Mortgage Insurer Delegations for Workout Options for the list of conventional
      mortgage insurers from which Fannie Mae has obtained delegation of authority
      on behalf of all servicers, which allows the servicer to process a disaster
      payment deferral without obtaining separate mortgage insurer approval at the
      company or loan level. Handling Fees and Late Charges in Connection with a Disaster
      Payment Deferral The servicer must not charge the borrower administrative fees.
      The servicer must waive all late charges, penalties, stop payment fees, or similar
      charges upon completing a disaster payment deferral. The servicer must follow
      the procedures in Reimbursement for Expenses Associated with Workout Options
      in F-1-05, Expense Reimbursement for advancing funds and requesting reimbursement.
      Evaluating Mortgage Loans Subject to a Temporary Interest Rate Buydown Plan
      for a Disaster Payment Deferral The servicer must not apply buydown funds to
      reduce any delinquent amounts in connection with a disaster payment deferral,
      unless required by the terms of the buydown agreement. When evaluating a mortgage
      loan subject to a temporary interest rate buydown plan for a disaster payment
      deferral, the servicer must conﬁrm the borrower''s eligibility per the requirements
      in Determining Eligibility for a Disaster Payment Deferral in this topic, considering
      the full monthly contractual payment per the mortgage note. If the borrower
      is not eligible for a disaster payment deferral, the servicer must continue
      to evaluate the borrower for a workout option in accordance with F-2-10, Fannie
      Mae’s Workout Hierarchy. If as of the date the ﬁrst payment is due following
      the completion of the disaster payment deferral the mortgage loan... Then the
      servicer must require the borrower to... remains subject to a temporary interest
      rate buydown plan resume making payments as speciﬁed in and subject to the buydown
      agreement until the buydown term ends. Published May 13, 2026 345 If as of the
      date the ﬁrst payment is due following the completion of the disaster payment
      deferral the mortgage loan... Then the servicer must require the borrower to...
      does not remain subject to a temporary interest rate buydown plan make their
      full contractual monthly payment per the mortgage note. The servicer must make
      the appropriate changes to the Payment Deferral Agreement, or equivalent, as
      necessary to disclose the monthly P&I payment due during and upon expiration
      of the buydown term. See Completing a Disaster Payment Deferral within this
      topic for additional information on the Payment Deferral Agreement. Once the
      buydown term ends, the servicer must return any funds it has held in association
      with a temporary interest rate buydown plan to Fannie Mae in accordance with
      C-3-01, Responsibilities Related to Remitting P&I Funds to Fannie Mae, subject
      to the terms of the buydown agreement. Recent Related Announcements The table
      below provides references to recently issued Announcements that are related
      to this topic. Announcements Issue Date Announcement SVC-2025-05 August 13,
      2025 Announcement SVC-2023-05 October 11, 2023 Announcement SVC-2023-03 May
      10, 2023 Announcement SVC-2022-04 June 8, 2022 Announcement SVC-2022-01 February
      9, 2022 Announcement SVC-2020-06 November 10, 2020 Announcement SVC-2020-04
      September 9, 2020 Announcement SVC-2021-03 June 9, 2021 Published May 13, 2026
      346'
  judgment: false
