source:
  type: guide
  id: fhlmc-9102.2
  authority: Freddie Mac Single-Family Seller/Servicer Guide Section 9102.2 — Late
    charges
  description: Freddie Mac Single-Family Seller/Servicer Guide Section 9102.2 — Late
    charges.
  coverage_tier: operative
obligations:
- id: fhlmc-9102.2-full
  canonical_id: fhlmc-9102.2-full
  section: Freddie Mac Single-Family Seller/Servicer Guide Section 9102.2 — Late charges
  type: do
  tags:
  - regulator-direct
  - fhlmc
  - freddie-guide
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: Freddie Mac Single-Family Seller/Servicer Guide Section 9102.2 — Late
      charges
    source_class: fhlmc-guide
    source_url: https://guide.freddiemac.com/ci-guide
    snapshot_id: 5869ee9e606cd4ae
    fetched_at: '2026-05-23T00:27:40Z'
    content_hash: sha256:9a1b23e5024bb369e7a59d36b3702383c11ace68b5d209fdef791bc8f955c637
    paragraph_quote: '9102.2: Late charges (08/13/25) This section contains requirements
      related to: ■ Late charge assessment Freddie Mac Single-Family Seller/Servicer
      Guide Chapter 9102 As of 04/27/26 Page 9102-11 ■ Late charge collection (a)
      Late charge assessment The Servicer must not assess a late charge in an amount
      greater than 5% of the principal and interest payment. On an FHA or VA Mortgage,
      a late charge may be assessed and collected in accordance with the applicable
      program terms. The Servicer is responsible for collecting from the Borrower
      any recording or similar costs incidental to the granting of relief. The Servicer
      may not impose a late charge if the Mortgage is a Home Mortgage and the installment
      is received within 15 days after the Due Date. If this date is a Saturday, Sunday
      or federal holiday, it is extended to the next Business Day. The Servicer may
      retain any late charge collected as additional Servicing compensation if the
      charge is allowed under the Note. (b) Late charge collection Regardless of any
      provision to the contrary in the Note or the Security Instrument, the Servicer
      may not collect a late charge by any of the following methods: ■ Charging the
      Borrower’s Escrow or impound account ■ Deducting from a regular monthly installment
      ■ Deducting from a payment made to partially or fully cure a Delinquency ■ Adding
      to the outstanding principal balance of the Mortgage ■ Causing a Mortgage to
      become delinquent or be placed in foreclosure because of an unpaid late charge
      Note: For payment application requirements, refer to Sections 8103.3(a) through
      8103.3(d). 9102.3: Establishing Borrower contact during Delinquency (08/13/25)
      This section contains requirements related to: ■ Collection techniques ■ Quality
      right party contact Freddie Mac Single-Family Seller/Servicer Guide Chapter
      9102 As of 04/27/26 Page 9102-12 (a) Collection techniques Servicing of a delinquent
      Mortgage must be based upon personal contact, either by telephone, e-mail or
      face-to-face interviews with a Borrower. Form letters and notices, while having
      a place in any Servicing program, generally are not as effective as personal
      contact and must not be used exclusively. The Servicer’s collection techniques
      must include the use of: ■ Telephone contacts or face-to-face interviews ■ Written
      communications such as notices and letters ■ Other responsible collection techniques
      as permitted under applicable law including, but not limited to, e-mail, text
      messaging, voice response unit technology or a Servicer’s web portal If the
      Servicer discovers that the Borrower’s contact information (phone number or
      mailing address) is invalid, then it should initiate skip trace activities to
      obtain alternate phone numbers or mailing addresses. (b) Quality right party
      contact A Servicer’s objective in contacting a delinquent Borrower is to establish
      quality right party contact. (i) Quality right party contact defined Quality
      right party contact occurs when a Servicer establishes contact with the Borrower
      and discusses with the Borrower, co-Borrower or trusted advisor, such as a housing
      counselor, the most appropriate options for Delinquency resolution. A Servicer
      must make every attempt to achieve quality right party contact by: ■ Determining
      the reason for the Delinquency and whether the reason is temporary or permanent
      in nature ■ Determining the occupancy status of the property ■ Determining the
      Borrower’s ability to repay the debt ■ Setting payment expectations and educating
      the Borrower on the availability of alternatives to foreclosure as appropriate
      ■ Obtaining a commitment from the Borrower to either resolve the Delinquency
      through traditional methods (paying the total delinquent amount) or engaging
      in an alternative to foreclosure solution Freddie Mac Single-Family Seller/Servicer
      Guide Chapter 9102 As of 04/27/26 Page 9102-13 (ii) Quality right party contact
      EDR reporting requirements The Servicer must notify Freddie Mac that it achieved
      quality right party contact with the Borrower via an EDR transmission within
      the first three Business Days of the month as follows: ■ Report default action
      code AW and the date of the first quality right party contact established with
      the Borrower. Report the date one time in the month following the month that
      quality right party contact was established with the Borrower. ■ Report default
      action code AX if any subsequent quality right party contact was made with the
      Borrower after the initial contact was established. Report the date of the last
      quality right party contact one time in the month following the month that the
      action occurred. Default action code AX may be reported in the same month as
      default action code AW if a Servicer establishes a subsequent quality right
      party contact with the Borrower in the same month that initial contact was achieved.
      If the Servicer is working with the Borrower over a period of several months
      to resolve the Delinquency, it must continue to report default action code AX
      with the date of the last quality right party contact for each month in which
      the action applies Additional information on EDR Topic Guide location Monthly
      EDR Section 9102.6 EDR transmission code list Exhibit 82 A Servicer will be
      measured on its effectiveness in achieving quality right party contact. Borrowers
      in bankruptcy are excluded from the quality right party contact performance
      standard. Note: Refer to Section 9201.5 for additional information on the quality
      right party contact performance standard. (iii)Single point of contact The Borrower
      outreach and solicitation requirements specified in this chapter represent the
      minimum required effort a Servicer must make to reach Borrowers early in the
      Delinquency process and throughout the Delinquency cycle to more efficiently
      mitigate default. Freddie Mac encourages and fully supports Servicers that have
      or will implement additional processes, such as a single point of contact model,
      not currently required under the Guide or Servicers’ other Purchase Documents
      for purposes of achieving contact continuity throughout the Delinquency process.
      Freddie Mac Single-Family Seller/Servicer Guide Chapter 9102 As of 04/27/26
      Page 9102-14 If the Servicer elects to have a process supporting a single point
      of contact model and is using a team approach, the Servicer should provide the
      Borrower the ability to request and speak to a specific person from the assigned
      personnel team and leave a message. However, the Servicer may not use any additional
      processes that are not compliant with applicable law or otherwise adverse to
      Freddie Mac.'
  judgment: false
