Servicing Guide

Published June 13, 2018

Responding When Contacted by DOJ Representative Prior to Property Forfeiture or Seizure

When contacted in regards to a property forfeiture or seizure, the servicer must take action in accordance with D1-6-03, Handling Property Forfeitures and Seizures.

If the servicer is contacted by a representative of the DOJ prior to the initiation of forfeiture or seizure of a property, it must follow the steps outlined in the following table.

Step Servicer Action
1

Verify that the caller is an authorized representative of the DOJ before releasing any information related to a Fannie Mae mortgage loan.

To verify, contact the appropriate DOJ representative that the caller indicated. Use the telephone number in the telephone directory, rather than the number provided by the caller.

The appropriate party to contact is the

  • Forfeiture Analyst if the caller identified himself or herself as an FBI representative, or

  • Asset Removal Team if the caller identified himself or herself as a DEA representative.

2

Provide the DOJ representative with the following contact information for its Fannie Mae Servicing Representative (see F-4-03, List of Contacts):

  • name,

  • address, and

  • telephone number.

3

Do not provide any information about the borrower, the mortgage loan, or the property unless the DOJ representative provides a subpoena, summons, search warrant, or formal written request.

If the servicer no longer has the individual mortgage loan file because it sent the file to Fannie Mae following its acquisition of the property through a foreclosure sale or acceptance of a Mortgage Release, the servicer must

Note: The servicer must inform the requesting agency that it must also submit a written certification that it has complied with the provisions of the federal Right to Financial Privacy Act, unless the request for information relates to a grand jury subpoena or a case involving crimes against a financial institution (pursuant to Section 3413(1) of 12 USCA).

4

Report its contact with the DOJ’s representatives to Fannie Mae. To notify Fannie Mae, the servicer must take the actions described in the following table.

Servicer Action

Call its Fannie Mae Servicing Representative (see F-4-03, List of Contacts).

Send a letter that describes the

  • nature of the contact,

  • information that was requested,

  • information that was provided, and

  • date of the referral to Fannie Mae.

Transmit the mortgage loan servicing file for the property in question.

Note: Once Fannie Mae receives the mortgage loan servicing file, it assumes the responsibility for handling all inquiries related to the property.

5

Prior to or after seizure of a property, the servicer must not, without first contacting Fannie Mae

  • have any other direct contact with the DOJ representative, or

  • provide any additional information about the property or the borrower to the DOJ representative.

Note: The servicer must promptly notify its Fannie Mae Servicing Representative (see F-4-03, List of Contacts) about all contacts related to the property that are initiated by DOJ representatives.

Responding to Notification by DOJ Representative After Property Forfeiture or Seizure

When contacted in regards to a property forfeiture or seizure, the servicer must take action in accordance with D1-6-03, Handling Property Forfeitures and Seizures.

If the DOJ does not contact the servicer before it initiates forfeiture or seizure proceedings, but does provide the servicer with notice when the property is seized or the forfeiture proceedings are instituted, the servicer must take the actions described in the following table.

Servicer Action

Verify that the caller is an authorized representative of the DOJ before releasing any information related to a Fannie Mae mortgage loan, if applicable.

To verify, contact the appropriate party at the DOJ that the caller indicated. Use the telephone number in the telephone directory, rather than the number provided by the caller.

The appropriate party to contact is the

  • Forfeiture Analyst if the caller identified himself or herself as an FBI representative, or

  • Asset Removal Team if the caller identified himself or herself as a DEA representative.

Contact its Fannie Mae Servicing Representative (see F-4-03, List of Contacts) as soon as it receives the notice.

Inform its Fannie Mae Servicing Representative (see F-4-03, List of Contacts) about all deadlines and requirements specified in the notice.

Provide its Fannie Mae Servicing Representative (see F-4-03, List of Contacts) a copy of the notice and any accompanying documents.

Responding to Contact by Parties Other than Law Enforcement

If the servicer is notified, by a party other than law enforcement, of a possible connection between illegal drug activity and a specific property, the servicer must take action in accordance with D1-6-03, Handling Property Forfeitures and Seizures.

When the servicer receives information about activity from a source other than a law enforcement official, such as a neighbor, the servicer must take the actions described in the following table.

Servicer Action

Promptly call the Asset Removal Team in the closest DEA office.

Disclose to the DEA the information permitted under state or federal law applicable to the situation.

Maintain in the mortgage loan servicing file the following records:

  • the office contacted,

  • the name of the DEA representative with whom the servicer spoke,

  • the date of the contact, and

  • any other relevant details.

Promptly contact its Fannie Mae Servicing Representative (see F-4-03, List of Contacts) and provide the following information:

  • the type of information that was received from the contacting source,

  • the source of the information,

  • the DEA regional office that the servicer contacted,

  • the specific DEA representative that the servicer contacted, and

  • any other relevant details.

If any information is requested, follow the appropriate procedure for responding when contacted by DOJ representatives.