Freddie Mac Single-Family Seller/Servicer Guide 3301.2 — Legal instruments

Freddie Mac Single-Family Seller/Servicer Guide 3301.2 — Legal instruments

Effective 2025-12-17 · Freddie Mac's stamp for this section

This section contains requirements related to: ■ Security Instrument ■ New York Consolidation, Extension and Modification Agreement (NY CEMA) ■ Assignment instrument ■ Power of attorney (a) Security Instrument For Security Instruments that were recorded in paper format, the Mortgage file must contain either: ■ The original paper Security Instrument with recordation notation, or ■ A paper or Electronic (as defined in Section 1401.1(b)) copy of the Security Instrument, with: • Recordation notation on the copy of the Security Instrument, or • Recordation notation in a separate document maintained with such copy If the Seller/Servicer maintains an Electronic copy of the Security Instrument (as noted above), it must comply with the requirements set forth in Section 3302.1(b)(ii). If the Security Instrument was electronically recorded, the Seller/Servicer must comply with the requirements set forth in Sections 1401.3(d) and 1401.3(e) related to Electronic Recording of paper Closing Documents and Electronic Recording of Electronic Closing Documents, respectively. Note: If the Mortgage is secured by a Manufactured Home, see Sections 5703.4(b) and 5703.4(f). (b) NY CEMA For Mortgages secured by property in New York State that are documented using an NY CEMA, the Mortgage file must contain the following: ■ A copy of the Consolidated Note showing all endorsements ■ Unless Original Notes are required by Section 3401.2(a), copies of the Original Old Money Note and any Original New Money (Gap) Notes ■ Original NY CEMA, with recordation notation. Where recorders keep the original documents, a copy certified by the recorder will suffice. For Mortgages secured by property in New York State that are documented using an NY CEMA Form 3172, 1/01 or Form 3172, 1/01 (rev. 5/01), the Mortgage file must contain the following additional documents: ■ If the most recent prior Mortgage was originated as a consolidated Mortgage using NY CEMA Form 3172, 1/01 or Form 3172, 1/01 (rev. 5/01): • The prior NY CEMA with all exhibits attached from the prior consolidation, • The prior original Consolidated Note from the prior Consolidation, • The Original Old Money Note, and • The Original New Money (Gap) Note ■ If the most recent prior Mortgage was originated as a consolidated Mortgage using the NY CEMA Form 3172 7/86: • The Original Old Money Note, • The NY CEMA with all exhibits attached from the prior Consolidation, and • The Original New Money (Gap) Note ■ If the most recent prior Mortgage was not originated using an NY CEMA Form 3172, 1/01, Form 3172, 1/01 (rev. 5/01), or Form 3172 7/86 (i.e., the most recent prior Mortgage was not a consolidated Mortgage): • The Original Old Money Note, and • The Original New Money (Gap) Note If new funds were advanced to the Borrower at the time of the current consolidation, the Original Old Money Note and Original New Money (Gap) Note, if applicable, must be original Notes signed by the Borrower and endorsed in blank. (c) Assignment instrument The Intervening Assignments must be sent to and held by the Document Custodian unless the Mortgage is registered with MERS® and the Seller/Servicer has elected to retain all assignments for MERS-registered Mortgages in the Mortgage files. The Seller/Servicer must supply its Document Custodian with documents indicating that the Seller/Servicer has elected to hold all assignments in the Mortgage files. Note: See Section 6301.4(a) for additional information on completion of delivery. (d) Power of attorney If the Note was executed by a person acting as attorney-in-fact pursuant to authority granted by a Borrower under a power of attorney, except for eMortgages, the copy of the power of attorney must be attached to the copy of the Note kept in the file. See Section 6301.2(b) for documentation delivery requirements for powers of attorney and Section 1402.3(a) for eMortgage delivery requirements.

Source: Freddie Mac Single-Family Seller/Servicer Guide 3301.2 — Legal instruments · source URL · snapshot 4c94f67729042dd6