source:
  type: guide
  id: fnma-svc-e-3.3-07
  authority: Fannie Mae Servicing Guide E-3.3-07 — Pursuing a Deficiency Judgment
  description: Fannie Mae Servicing Guide E-3.3-07 — Pursuing a Deficiency Judgment.
  coverage_tier: operative
obligations:
- id: fnma-svc-e-3.3-07-full
  canonical_id: fnma-svc-e-3.3-07-full
  section: Fannie Mae Servicing Guide E-3.3-07 — Pursuing a Deficiency Judgment
  type: do
  tags:
  - regulator-direct
  - fnma
  - servicing-guide
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: Fannie Mae Servicing Guide E-3.3-07 — Pursuing a Deficiency Judgment
    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: E-3.3-07, Pursuing a Deﬁciency Judgment (01/18/2017) The servicer
      must pursue a deﬁciency judgment on an FHA, VA, or RD mortgage loan if instructed
      to do so by FHA, VA, or RD, respectively. A deﬁciency judgment cannot be pursued
      for a Texas Section 50(a)(6) loan. The servicer is authorized to waive Fannie
      Mae’s deﬁciency judgment rights if so doing will help resolve foreclosure delays
      based upon individual borrower circumstances. This authorization is applicable
      only to conventional mortgage loans that are in foreclosure and are experiencing
      foreclosure delays. The servicer must contact the mortgage insurer (if the mortgage
      loan is covered by MI) to obtain the mortgage insurer’s consent to waive its
      deﬁciency judgment rights. If the mortgage insurer does not provide its consent
      to waive its deﬁciency judgment rights, the servicer must notify the borrower
      that, notwithstanding Fannie Mae’s waiver of its deﬁciency judgment rights,
      the mortgage insurer may have the right to pursue the borrower for any deﬁciency
      judgment that occurs from the resolution of the foreclosure matter. For each
      deﬁciency waiver granted, the servicer must ensure that it properly documents
      the deﬁciency waiver in the mortgage loan servicing ﬁle and must be able to
      provide this information to Fannie Mae upon request. The servicer must proceed
      non-judicially in jurisdictions where the preferred or routine method of foreclosure
      is non-judicial, even if doing so means waiving Fannie Mae's right to pursue
      a deﬁciency judgment, unless the servicer or the law ﬁrm is aware of circumstances
      that suggest the beneﬁts of proceeding judicially outweigh the increase in time
      frame, fees, and costs. If the servicer has questions regarding the preservation
      or waiver of deﬁciency claims, it must contact Fannie Mae’s SF CPM division
      (see F-4-02, List of Contacts) for guidance, including direction to proceed
      judicially on a case-by-case basis. The following table provides additional
      Fannie Mae requirements related to the pursuit of a deﬁciency judgment. ✓ The
      servicer must... Promptly communicate to either the mortgage insurer or Fannie
      Mae (depending on whether the mortgage loan is insured or uninsured) any information
      it may have to assist in deciding whether to pursue a deﬁciency judgment. Advise
      Fannie Mae about any information it receives from the mortgage insurer concerning
      whether the deﬁciency judgment is to be pursued solely or jointly. Cooperate
      with and assist Fannie Mae and its vendors in the pursuit of a deﬁciency. Published
      May 13, 2026 469 Recent Related Announcements There are no recently issued Announcements
      related to this topic. Section E-3.4, When Foreclosure Proceedings Must Be Suspended
      or Canceled
  judgment: false
