Servicing Guide

Published June 13, 2018

E-2.3-07: Responding to Bankruptcies Identified After Foreclosure Sale (07/13/2016)

The servicer must contact Fannie Mae’s SF CPM division (see F-4-03, List of Contacts) within two business days after becoming aware that a borrower has filed for bankruptcy to ensure Fannie Mae is aware of the filing.

The following table describes when the servicer is responsible for selecting the law firm to handle a bankruptcy proceeding identified after a foreclosure sale and monitoring the law firm.

If the bankruptcy is filed…

Then the servicer…

after the foreclosure sale, and after redemption expiration or confirmation/ratification completion

is not responsible for selecting and monitoring the law firm that will handle the post-foreclosure sale bankruptcy proceeding.

after the foreclosure sale, but prior to redemption expiration or confirmation/ratification completion

is responsible for selecting and monitoring the law firm that will handle the post-foreclosure sale bankruptcy proceeding if notified to do so by Fannie Mae.

prior to the foreclosure sale, but the servicer and/or Fannie Mae only become aware of the bankruptcy filing after the REOgram is submitted

is responsible for selecting and monitoring the law firm that will handle the post-foreclosure sale bankruptcy proceeding

  • if notified to do so by Fannie Mae, or

  • when Fannie Mae eliminates the REOgram as a result of the bankruptcy filing.

Related Announcements

The following table provides references to Announcements that are related to this topic.

Announcements Issue Date

Announcement SVC–2016–06

July 13, 2016

Announcement SVC-2015–10

July 8, 2015