source:
  type: guide
  id: fhlmc-1402.4
  authority: Freddie Mac Single-Family Seller/Servicer Guide Section 1402.4 — eNote
    custodian requirements
  description: Freddie Mac Single-Family Seller/Servicer Guide Section 1402.4 — eNote
    custodian requirements.
  coverage_tier: operative
obligations:
- id: fhlmc-1402.4-full
  canonical_id: fhlmc-1402.4-full
  section: Freddie Mac Single-Family Seller/Servicer Guide Section 1402.4 — eNote
    custodian requirements
  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 1402.4 — eNote
      custodian requirements
    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: '1402.4: eNote custodian requirements (12/17/25) This section
      contains requirements related to: ■ Becoming a Freddie Mac-approved third-party
      eNote custodian ■ Notice of significant changes to the eNote Vault System ■
      Ongoing reviews ■ Contracting with Seller/Servicer Freddie Mac Single-Family
      Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-33 ■ Freddie Mac-approved
      third-party eNote custodian’s duties to Freddie Mac (a) Becoming a Freddie Mac-approved
      third-party eNote custodian A Document Custodian who wishes to be approved for
      eNote custody must contact the Freddie Mac eMortgage Team (eMortgage_Team@FreddieMac.com)
      to determine its eligibility and obtain Freddie Mac’s prior written approval.
      As part of Freddie Mac’s review and approval process, Freddie Mac will review
      the Document Custodian’s eNote Vault System in accordance with the processes
      described in the table below to assess compliance with requirements specified
      in Section 1402.2(b). eNote vault system review requirements If the eNote Vault
      System was not previously reviewed by Freddie Mac (Note: Some of these steps
      can be performed simultaneously): If the eNote Vault System was previously reviewed
      by Freddie Mac (https://sf.freddiemac.com/working-with- us/electronic-loan-documents/emortgage-
      ready-participants#vendors): ■ The Document Custodian must (or cause its System
      Provider to) provide a demonstration of these Systems for Freddie Mac’s review
      ■ The Document Custodian must complete testing that includes verification of
      integration with MERS® eRegistry and eDelivery systems, among other things ■
      If using System Provider’s eNote Vault System, the Document Custodian must submit
      to Freddie Mac an attestation executed by the System Provider’s Chief Technology/Security
      Officer (or comparable titled officer of the System Provider) using the attestation
      letter provided by Freddie Mac ■ If using proprietary eNote Vault System, the
      Document Custodian must submit to Freddie Mac an attestation executed by the
      Document Custodian’s Chief Technology/Security Officer (or comparable titled
      officer of Document Custodian) using the attestation letter provided by Freddie
      Mac ■ The System review process will consist only of testing to verify integration
      of the Systems with MERS eRegistry and eDelivery systems ■ If significant changes,
      as detailed in Section 1402.4(b), are made to a Freddie Mac reviewed eNote Vault
      System: ❑ The Document Custodian must (or cause its System Provider to) provide
      a demonstration of the modified eNote Vault System for Freddie Mac’s review
      ❑ The Chief Technology/Security Officer (or comparable titled officer) of Document
      Custodian (or its System Provider) must execute and submit an attestation letter
      provided by Freddie Mac ■ Freddie Mac may, at its sole discretion, request additional
      information concerning the Systems and associated processes and procedures for
      further analysis Freddie Mac Single-Family Seller/Servicer Guide Chapter 1402
      As of 12/17/25 Page 1402-34 eNote vault system review requirements If the eNote
      Vault System was not previously reviewed by Freddie Mac (Note: Some of these
      steps can be performed simultaneously): If the eNote Vault System was previously
      reviewed by Freddie Mac (https://sf.freddiemac.com/working-with- us/electronic-loan-documents/emortgage-
      ready-participants#vendors): ■ Freddie Mac may, at its sole discretion, request
      additional information concerning the Systems and associated processes and procedures
      for further analysis If Freddie Mac, in its sole discretion, determines that
      the Document Custodian’s eNote Vault System is acceptable and the Document Custodian
      is otherwise in good standing with Freddie Mac, the Document Custodian will
      be approved for eNote custody and certification of eMortgages, subject to any
      terms and conditions set forth by Freddie Mac in Form 1035A and the related
      third-party agreement. Despite Freddie Mac’s review of the Document Custodian
      and the eNote Vault System: i. The Document Custodian remains solely responsible
      and liable for any error, omission, System malfunction and/or negligence caused
      by the System Provider, eNote Vault System and/or the Document Custodian; and
      ii. Freddie Mac undertakes no responsibility and/or liability whatsoever in
      connection with any error, omission, System malfunction and/or negligence caused
      by the System Provider, eNote Vault System and/or the Document Custodian in
      connection with the Document Custodian’s use of such eNote Vault System In addition
      to the requirements set forth below, the Document Custodian must also abide
      by the requirements of Chapter 2202. (b) Notice of significant changes to eNote
      Vault System The Document Custodian must provide the Freddie Mac eMortgage Team
      (eMortgage_Team@FreddieMac.com) with 90 days’ advance written notice and complete
      the Freddie Mac review process outlined in Section 1402.4(a) in case of any
      significant proposed change to the Document Custodian’s eNote Vault System.
      Significant proposed changes to the Document Custodian’s eNote Vault System
      are those that may materially and adversely affect the performance of the Document
      Custodian’s eNote Vault System and include, but are not limited to, any change
      that would be reasonably likely Freddie Mac Single-Family Seller/Servicer Guide
      Chapter 1402 As of 12/17/25 Page 1402-35 to adversely affect the enforceability
      of the eNotes or other eMortgage documents or compliance with E-SIGN and/or
      the UETA. Additionally, if the Document Custodian wishes to use an eNote Vault
      System that is different from what was communicated at the time of initial approval,
      the Document Custodian must provide the Freddie Mac eMortgage team with 90 days’
      advance written notice and complete the Freddie Mac review process outlined
      in Section 1402.4(a). (c) Ongoing reviews The Document Custodian must confirm
      compliance with Freddie Mac information security requirements provided in Chapters
      1302 and 1402, as part of completing the Annual Document Custodian Eligibility
      Certification. Freddie Mac may require an audit of the eNote Vault System conducted
      in accordance with the Statement on Standards for Attestation Engagements (SSAE)
      18 or other comparable type of audit acceptable to Freddie Mac, in its sole
      discretion. Freddie Mac will provide the Document Custodian with 30 days’ notice
      before the Document Custodian (and/or the System Provider) is required to provide
      an SSAE 18 or other comparable type of audit report or information requested
      by Freddie Mac concerning the Systems and associated processes and procedures,
      unless such review is being conducted pursuant to Guide Series 1000, 2000 or
      3000. A copy of the final audit report must be provided to Freddie Mac within
      30 days of its completion. At all times, the Document Custodian’s eNote Vault
      System must comply with the requirements set forth in Sections 1402.2(b), 1402.2(c)
      and 1402.5(d). (d) Contracting with Seller/Servicer A Freddie Mac-approved eMortgage
      Seller/Servicer choosing to use a Freddie Mac-approved third-party eNote custodian
      must execute: ■ An Addendum to Document Custodial Agreement (Form 1035A) with
      the Freddie Mac- approved third-party eNote custodian and Freddie Mac; and ■
      Any other agreements required by the Guide, including Section 2202.2 The Freddie
      Mac-approved third-party eNote custodian or Freddie Mac can terminate the Form
      1035A in accordance with the provisions set forth in Section 2202.4. Termination
      of the Form 1035A will not impact or interfere with the continuation of the
      Tri- Party Agreement (Form 1035), but termination of the Form 1035 will terminate
      the Form 1035A unless the parties agree otherwise in writing, in advance. (e)
      Freddie Mac-approved third-party eNote custodian’s duties to Freddie Mac Freddie
      Mac Single-Family Seller/Servicer Guide Chapter 1402 As of 12/17/25 Page 1402-36
      In addition to the requirements set forth in Chapter 2202, the Freddie Mac-approved
      third- party eNote custodian covenants to Freddie Mac that it will do the following:
      1. Accept eNote Authoritative Copy deliveries and Transfers of Location of eNotes
      coming into their eNote Vault System after validating the Tamper Evident Seal
      against the MERS eRegistry 2. Accept and store Electronic Custodial Documents
      in their eNote Vault System or eStorage System 3. Review the eNote per certification
      requirements set forth in Section 1402.3(b) 4. Maintain additional ancillary
      paper documents related to the eMortgage in a related Note file and have a cross
      reference between paper and Electronic documents as required by Section 1402.5(d)
      5. Manage the administration of outgoing Transfers of Control and Location on
      behalf of Freddie Mac and the incoming Transfer of Control requests to Freddie
      Mac 6. Validate the Tamper Evident Seal, Controller, and Location of the eNotes
      received through transfers of custody 7. Semi-annually revalidate the Tamper
      Evident Seal of each eNote against the MERS eRegistry and verify that Freddie
      Mac is the Controller, and Document Custodian is the Location of the eNotes,
      and notify Freddie Mac (Loan_Delivery_Funding_Ops@FreddieMac.com) of any issues'
  judgment: false
