source:
  type: guide
  id: fnma-svc-e-1.2-01
  authority: Fannie Mae Servicing Guide E-1.2-01 — Timing of the Bankruptcy Referral
  description: Fannie Mae Servicing Guide E-1.2-01 — Timing of the Bankruptcy Referral.
  coverage_tier: operative
obligations:
- id: fnma-svc-e-1.2-01-full
  canonical_id: fnma-svc-e-1.2-01-full
  section: Fannie Mae Servicing Guide E-1.2-01 — Timing of the Bankruptcy Referral
  type: do
  tags:
  - regulator-direct
  - fnma
  - servicing-guide
  - corpus-expansion
  - tier-operative
  primary_source:
    tier: 1
    authority: Fannie Mae Servicing Guide E-1.2-01 — Timing of the Bankruptcy Referral
    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-1.2-01, Timing of the Bankruptcy Referral (11/12/2014) Introduction
      This topic contains the following: Overview Required Referral Timelines for
      Mortgage Loans Not Previously Referred for Foreclosure Required Referral Timelines
      for Mortgage Loans Previously Referred for Foreclosure Overview The timeline
      for referring a case to a law ﬁrm will vary depending on the status of the mortgage
      loan at the time the bankruptcy case is ﬁled. See F-2-01, Bankruptcy Referral
      and Completion Timelines for additional information. Required Referral Timelines
      for Mortgage Loans Not Previously Referred for Foreclosure The servicer may
      refer all delinquent mortgage loans in Chapter 7, 12, and 13 cases to a law
      ﬁrm for preparation of the proof of claim and, in Chapter 12 and 13 cases, review
      of the debtor’s plan. It is not necessary for these mortgage loans to be 60
      days delinquent before being referred to a law ﬁrm. When the mortgage loan associated
      with a bankruptcy case has not previously been referred for foreclosure, the
      servicer must refer the mortgage loan to a law ﬁrm in accordance with the criteria
      presented in the following table. Published May 13, 2026 404 Bankruptcy ﬁled
      Required timelines for referral Chapter 7, 12, or 13 cases The servicer must
      send the referral no later than two weeks from the 60th day of delinquency.
      If the mortgage loan is already 60 or more days delinquent when the borrower
      ﬁles, the servicer must send the referral no later than two weeks from the date
      of the bankruptcy ﬁling. The servicer must refer the case earlier to a law ﬁrm
      if it believes that the bankruptcy may aﬀect the borrower''s obligations under
      the terms of the note or mortgage, or if expedited relief from stay is otherwise
      necessary to protect Fannie Mae''s interests. Chapter 11 Regardless of whether
      the mortgage loan is current or delinquent when a borrower ﬁles, the servicer
      must refer the case to a law ﬁrm. The servicer must send the referral no later
      than two weeks from the date of the bankruptcy ﬁling. The servicer is responsible
      for ensuring that the bankruptcy is appropriately handled prior to referral
      to a law ﬁrm. Required Referral Timelines for Mortgage Loans Previously Referred
      for Foreclosure When the mortgage loan associated with a bankruptcy case has
      been previously referred to a law ﬁrm for the initiation of foreclosure proceedings,
      the servicer must immediately notify the law ﬁrm of the bankruptcy ﬁling, and
      send any required bankruptcy referral within two weeks from the date of the
      bankruptcy ﬁling. Bankruptcy referral requirements for mortgage loans previously
      referred to foreclosure are described in the following table. ✓ If a law ﬁrm
      was already retained to conduct the foreclosure proceedings, then… The same
      law ﬁrm must handle any subsequent bankruptcy case, unless the bankruptcy case
      is ﬁled in a diﬀerent jurisdiction and the servicer has not selected and engaged
      the law ﬁrm to perform legal services in that jurisdiction. In those cases,
      the bankruptcy must be handled by a law ﬁrm selected and retained by the servicer
      in the jurisdiction in which the bankruptcy case was ﬁled. Published May 13,
      2026 405 ✓ If a law ﬁrm was already retained to conduct the foreclosure proceedings,
      then… The servicer must promptly forward all applicable information to the law
      ﬁrm and instruct the law ﬁrm to take all actions necessary to protect Fannie
      Mae’s interests. When the bankruptcy case is resolved, the servicer must refer
      the case back to the law ﬁrm that originally received the foreclosure referral,
      assuming that foreclosure is still necessary, and the law ﬁrm’s engagement has
      not been terminated and no suspension of new referrals is in place. Recent Related
      Announcements There are no recently issued Announcements related to this topic.'
  judgment: false
