A Triparty Wiring Instruction Agreement provides a warehouse lender with contractual assurance that when mortgages in which it has an interest are delivered to Fannie Mae, the proceeds will be directed in accordance with its requirements.
By executing a Triparty Wiring Instruction Agreement, a lender, a warehouse lender, and Fannie Mae agree that the purchase proceeds for whole loan deliveries will be wire transferred to a single bank account and that no change to the wiring instructions will be made unless both the mortgage seller and the warehouse lender agree to the change.
Triparty Wiring Instruction Agreements are available through the lead Fannie Mae regional office (see E-1-03, List of Contacts).
If the mortgage lender uses multiple warehouse lenders, then it must designate one warehouse lender to
execute the Triparty Wiring Instruction Agreement, and
represent the interests of each of the other warehouse lenders.
The other warehouse lenders must execute a separate written agreement that
gives the warehouse lender that signed the Triparty Wiring Instruction Agreement the authority to represent them for those mortgages in which they have an interest, and
obligates the designated warehouse lender to take the steps necessary to redistribute purchase proceeds to the other warehouse lenders in a way that ensures that they receive their share of the proceeds, as appropriate.
The lender and the warehouse lender must execute three originals of the Triparty Wiring Instruction Agreement and send them to Fannie Mae for execution to Triparty Wiring Instructions (see E-1-03, List of Contacts).
If the lender does not have a Certificate of Authority, Incumbency, and Specimen Signatures (Form 360) on file with Fannie Mae, it must execute that form and submit it to Fannie Mae with the Triparty Wiring Instruction Agreement so Fannie Mae can confirm that the individual executing the Agreement is authorized to do so.
Fannie Mae will return one executed original Triparty Wiring Instruction Agreement to the lender and one to the warehouse lender.
A Triparty Wiring Instruction Agreement will not become effective until the date that appears immediately after Fannie Mae’s signatory execution; therefore, the lender must not send Fannie Mae any deliveries that are to be covered under the terms of the Agreement until the specified effective date.
The lender’s wiring instructions for any mortgage delivery that takes place after the effective date of the Triparty Wiring Instruction Agreement may be changed only if both the lender and the warehouse lender submit a jointly executed change request (in the format specified in Attachment A to the Agreement).
The effective date for the change may be “as soon as possible” or a specific date in the future (which should take into consideration that Fannie Mae makes a change within five business days after receiving a change request).
If a Fannie Mae wire transfer is rejected by the depository institution because of an inability to identify the account, then Fannie Mae will contact the lender to verify the instructions and allow it to update any erroneous ABA routing number or account number that resulted in the rejection.
To terminate a Triparty Wiring Instruction Agreement, either the lender or the warehouse lender may give advance written notice to Fannie Mae, as long as the party giving notice obtains an acknowledgment from the other party to the Agreement (in the format specified in Attachment B to the Agreement).
The notice may specify an effective date for the termination, which must be at least six business days after the notice is sent in order to ensure that Fannie Mae has sufficient time to change its records to accommodate future deliveries.
The termination will not apply to any still unfunded mortgages that were delivered to Fannie Mae before its receipt of the termination notice.
Fannie Mae will disburse the purchase proceeds for those mortgages to the warehouse lender in accordance with the instructions it originally received, unless all of the parties to the Agreement agree otherwise in writing.