source:
  type: guide
  id: fhlmc-4101.10
  authority: Freddie Mac Single-Family Seller/Servicer Guide Section 4101.10 — Advances
  description: Freddie Mac Single-Family Seller/Servicer Guide Section 4101.10 — Advances.
  coverage_tier: operative
obligations:
- id: fhlmc-4101.10-full
  canonical_id: fhlmc-4101.10-full
  section: Freddie Mac Single-Family Seller/Servicer Guide Section 4101.10 — Advances
  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 4101.10 — Advances
    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: '4101.10: Advances (03/05/25) This section contains requirements
      related to: ■ Future advances made before purchase ■ Advances made after purchase
      (a) Future advances made before purchase Freddie Mac will purchase Home Mortgages
      on which future advances have been made before the Delivery Date, provided that:
      ■ The advances have been consolidated with the outstanding principal amount
      secured by the Mortgage, and the secured principal amount, as consolidated,
      bears a single interest rate and repayment term ■ The lien securing the consolidated
      principal amount is expressly insured as having First Lien priority by a title
      insurance policy, by an endorsement to the policy insuring the consolidated
      mortgagee’s interest or by other title evidence acceptable to Freddie Mac as
      specified in this Guide ■ The consolidated principal amount does not exceed
      the original loan amount Sellers originating Mortgages on Uniform Instruments
      that do not contain a covenant permitting future advances, and who wish to allow
      future advances, may execute a rider permitting future advances. The rider must
      contain language providing that the terms shall have no force or effect subsequent
      to a specified date which must be before the sale of the Mortgage, in whole
      or in part, to Freddie Mac. In addition, the rider must contain the following
      provision: Notwithstanding the foregoing provisions, the ability of the lender,
      its successors and assigns, to enforce the repayment of future advances made
      prior to the sale of the Mortgage to Freddie Mac shall remain in full force
      and effect. Freddie Mac Single-Family Seller/Servicer Guide Chapter 4101 As
      of 02/04/26 Page 4101-18 (b) Advances made after purchase On Home Mortgages
      that have been sold to Freddie Mac, in whole or in part, the Seller or Servicer
      may not make additional advances. 4101.11: Origination and delivery of Mortgages
      using a New York Consolidation, Extension and Modification Agreement (the “NY
      CEMA”) (11/19/25) This section contains requirements related to: ■ Defined terms
      ■ Documentation ■ Delivery package for a New York Consolidation, Extension and
      Modification Agreement (“NY CEMA”) ■ Mortgage file documentation Freddie Mac
      will purchase refinance Mortgages secured by property located in New York State
      that are documented using an NY CEMA. The NY CEMA combines into one set of rights
      and obligations all of the promises and agreements stated in existing Notes
      and Mortgages secured by the Mortgaged Premises including, if new funds are
      advanced to the Borrower at the time of the consolidation, a new Note and Mortgage.
      The result is that the Borrower has one consolidated loan obligation, evidenced
      by a Consolidated Note that is paid in accordance with the terms of the NY CEMA.
      (a) Defined terms The following defined terms apply to this section: Defined
      terms related to Mortgages using an NY CEMA O Original Old Money Note The original
      Note executed by the Borrower that is being consolidated, extended and modified
      by the newly executed NY CEMA Original New Money (Gap) Note The original Note
      executed by the Borrower at the time the current NY CEMA is executed that represents
      new funds advanced to the Freddie Mac Single-Family Seller/Servicer Guide Chapter
      4101 As of 02/04/26 Page 4101-19 Borrower at the time of the current consolidation
      In connection with the current financing transaction evidenced by the NY CEMA,
      the Borrower must execute a new original Note, referred to as the Consolidated
      Note, that consolidates, extends and modifies the Original Old Money Note and
      the Original New Money (Gap) Note, if any. (b) Documentation When documenting
      a Mortgage using an NY CEMA, the Seller must use the most current version of
      the New York Consolidation, Extension and Modification Agreement Single- Family
      Fannie Mae/Freddie Mac Uniform Instrument (Form 3172). The current version can
      be found on Freddie Mac’s website at https://sf.freddiemac.com/tools-learning/uniform-
      instruments/2021-updated-instruments. In addition, the Borrower must execute
      a Consolidated Note. (c) Delivery package for NY CEMA For a Mortgage originated
      using the NY CEMA, the Seller must deliver the complete NY CEMA delivery package
      listed below to its Document Custodian. The complete NY CEMA delivery package
      must include the following documents: (i) NY CEMA The original NY CEMA or a
      copy certified by the recorder’s office. (ii) NY CEMA exhibits Complete set
      of NY CEMA exhibits, as follows: ■ Exhibit A – A list, or a copy of a list,
      of the obligations being consolidated, modified and extended. All Notes, security
      instruments, assignments, consolidation agreements and related agreements that
      modify, consolidate or extend prior underlying obligations and which predate
      the current NY CEMA must be listed separately in Exhibit A. ■ Exhibit B – The
      property description of the Mortgaged Premises. A copy of Schedule A (Property
      Description) to the New York Mortgage may be used but should be marked as Exhibit
      B to identify it as an NY CEMA exhibit. ■ Exhibit C – A copy of the Consolidated
      Note (including any applicable addenda), with fixed-rate or adjustable-rate
      Note language inserted at the top of the first page. Freddie Mac Single-Family
      Seller/Servicer Guide Chapter 4101 As of 02/04/26 Page 4101-20 (The required
      language is stated in (iii) below.) Because this is a form document, Borrower
      signatures are not required. ■ Exhibit D – The most current version of the New
      York Single-Family Fannie Mae/Freddie Mac Uniform Security Instrument (Form
      3033) with all blanks completed and any applicable riders attached. Because
      this is a form document, Borrower signatures are not required. (iii) The original
      Consolidated Note An original Note executed by the Borrower and endorsed in
      blank. The Consolidated Note must be the most current version of the applicable
      Single-Family Fannie Mae/Freddie Mac Uniform Note with all blanks completed
      and any applicable addendum or addenda. The Consolidated Note must have the
      following language, as applicable, inserted at the top of the document: ■ For
      Fixed-Rate Notes: Consolidated Note This Note amends and restates in their entirety,
      and is given in substitution for, the Notes described in Exhibit A of the New
      York Consolidation, Extension and Modification Agreement dated the same date
      as this Note. ■ For Adjustable-Rate Notes: Consolidated Adjustable-Rate Note
      This Note amends and restates in their entirety, and is given in substitution
      for, the Notes described in Exhibit A of the New York Consolidation, Extension
      and Modification Agreement dated the same date as this Note. (d) Mortgage file
      documentation With respect to Mortgages documented with the NY CEMA, Seller
      represents and warrants that the Mortgage file contains the documentation required
      by Sections 3301.2(b), 3302.1(b) and 3401.2(a). Freddie Mac Single-Family Seller/Servicer
      Guide Chapter 4201 As of 03/04/26 Page 4201-1 Chapter 4201: General Mortgage
      Eligibility'
  judgment: false
