FHLMC Single-Family Seller/Servicer Guide Chapter 8101 — Servicer's General Responsibilities

fhlmc-8101

FHLMC Single-Family Guide §8101.1 establishes the foundational duties of [LENDER] as Servicer for Freddie Mac-owned mortgages: timely/efficient protection of Freddie Mac's interest; adequate facilities + experienced staff; servicing per Purchase Documents + applicable law + FHA/VA/RHS/MI regulations; business continuity plan per §1302.3; 24-hour disaster notification to Freddie Mac; Servicer-at-own-expense rule; independent-contractor (non-agent) status; indemnification of Freddie Mac. Fills FHLMC Servicing Chapter 8101 gap.

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source:
  type: regulation
  id: fhlmc-8101
  authority: FHLMC Single-Family Seller/Servicer Guide Chapter 8101 — Servicer's General Responsibilities
  description: |
    FHLMC Single-Family Guide §8101.1 establishes the foundational
    duties of [LENDER] as Servicer for Freddie Mac-owned mortgages:
    timely/efficient protection of Freddie Mac's interest; adequate
    facilities + experienced staff; servicing per Purchase Documents
    + applicable law + FHA/VA/RHS/MI regulations; business continuity
    plan per §1302.3; 24-hour disaster notification to Freddie Mac;
    Servicer-at-own-expense rule; independent-contractor (non-agent)
    status; indemnification of Freddie Mac. Fills FHLMC Servicing
    Chapter 8101 gap.
obligations:
  - id: fhlmc-8101-maintain-adequate-facilities-and-staff
    canonical_id: fhlmc-8101-maintain-adequate-facilities-and-staff
    section: FHLMC Single-Family Guide §8101.1(a) — Maintain adequate facilities and experienced staff
    description: |
      [LENDER] (Servicer) shall maintain adequate facilities and
      experienced staff. The facility and staffing adequacy
      requirement is foundational to servicer operational capacity
      and a precondition for satisfying downstream duties (timely
      payments, Borrower assistance, default management).
    type: do
    audit_question: Can [LENDER] evidence (via facility documentation, staffing rosters, training records, performance metrics) that its facilities and staff are adequate to service Freddie Mac mortgages and meet FHLMC servicing-performance standards?
    program_review: Do the P&Ps facilitate adequate facilities and experienced staff sufficient to meet FHLMC servicing-performance standards and downstream duties?
    file_review: Review facility documentation, staffing rosters, training records, and performance metrics; the compliance person judges whether facilities and staff are adequate.
    judgment: true
    feeds: []
    workflow_phase: general_servicing_ops
    owner_role: chief_servicing_officer
    secondary_owner_role: chief_human_resources_officer
    cadence: continuous
    consequence: Inadequate facilities or staffing surface in FHLMC servicer reviews; can trigger suspension or disqualification.
    tags:
      - round-d
      - regulator-direct
      - fhlmc
      - servicing-guide
      - facilities-staffing
      - operational-capacity
      - promoted
    primary_source:
      tier: 1
      authority: FHLMC Single-Family Guide §8101.1(a) — Servicer's general responsibilities
      source_class: fhlmc-guide
      source_url: https://guide.freddiemac.com/app/guide/
      snapshot_id: fbba421721d90cb1
      fetched_at: '2026-05-25T14:09:48Z'
      content_hash: sha256:placeholder-snapshot-content-hash-from-source-json
      paragraph_quote: |
        Maintain adequate facilities and experienced staff
      drafter_attestation: |
        Copied verbatim from snapshot fbba421721d90cb1. §8101.1(a) maintain-
        adequate-facilities-and-staff operative duty.
    promoted_at: '2026-05-25T20:28:28+00:00'
    promoted_from: fhlmc-8101-roundd-v1.yaml
  - id: fhlmc-8101-service-per-purchase-documents-and-applicable-laws
    canonical_id: fhlmc-8101-service-per-purchase-documents-and-applicable-laws
    section: FHLMC Single-Family Guide §8101.1(a) — Service Mortgages/REO per Purchase Documents + applicable laws + FHA/VA/RHS/MI rules
    description: |
      [LENDER] (Servicer) shall take all actions necessary to ensure
      that the Mortgages and REO in which Freddie Mac has an interest
      are serviced in accordance with the Purchase Documents,
      including the Single-Family Seller/Servicer Guide as amended,
      any applicable law, any applicable FHA/VA/RHS/MI regulation or
      requirement, and any instructions issued by Freddie Mac. The
      compliance scope spans agency rules + applicable law + Guide +
      FHLMC instructions.
    type: do
    audit_question: Can [LENDER] evidence (via servicing P&Ps, training, compliance audits) that its servicing actions conform to (a) Purchase Documents/Guide, (b) applicable law, (c) FHA/VA/RHS/MI regulations as applicable, and (d) specific Freddie Mac instructions?
    program_review: Do the servicing P&Ps/training/audits ensure servicing actions conform to the Purchase Documents/Guide, applicable law, applicable FHA/VA/RHS/MI regulations, and specific Freddie Mac instructions?
    file_review: Read the servicing P&Ps against the four-source compliance scope; sample serviced loans for conformance.
    judgment: false
    feeds: []
    workflow_phase: general_servicing_ops
    owner_role: chief_compliance_officer
    secondary_owner_role: chief_servicing_officer
    cadence: continuous
    consequence: Servicing departure from Purchase Documents + applicable laws + agency rules is a Selling/Servicing Guide breach; multiple enforcement paths.
    tags:
      - round-d
      - regulator-direct
      - fhlmc
      - servicing-guide
      - compliance-scope
      - layered-laws
      - fha-va-rhs-mi
      - promoted
    primary_source:
      tier: 1
      authority: FHLMC Single-Family Guide §8101.1(a) — Servicer's general responsibilities
      source_class: fhlmc-guide
      source_url: https://guide.freddiemac.com/app/guide/
      snapshot_id: fbba421721d90cb1
      fetched_at: '2026-05-25T14:09:48Z'
      content_hash: sha256:placeholder-snapshot-content-hash-from-source-json
      paragraph_quote: |
        Take all actions necessary to ensure that the Mortgages and REO in which Freddie Mac has an interest are serviced in accordance with the Purchase Documents
      drafter_attestation: |
        Copied verbatim from snapshot fbba421721d90cb1. §8101.1(a) take-
        all-actions operative chapeau. Specific applicable-law and FHA/VA/
        RHS/MI elaborations + Freddie Mac instructions paraphrased in
        description.
    promoted_at: '2026-05-25T20:28:29+00:00'
    promoted_from: fhlmc-8101-roundd-v1.yaml
  - id: fhlmc-8101-business-continuity-plan-1302-3
    canonical_id: fhlmc-8101-business-continuity-plan-1302-3
    section: FHLMC Single-Family Guide §8101.1(a) — Maintain business continuity plan per §1302.3
    description: |
      [LENDER] (Servicer) shall maintain a business continuity plan in
      place that meets the requirements of §1302.3 to ensure its
      ongoing ability to conduct business operations and maintain or
      restore Freddie Mac Mortgage files and records in the event of
      a disaster or other interruption to business operations and
      processes. The BCP-§1302.3 requirement spans both business-
      continuity AND file/record disaster recovery.
    type: do
    audit_question: Can [LENDER] produce its current business continuity plan demonstrating §1302.3 conformance (business-operations continuity + file/record recovery) — and evidence of plan testing within the past year?
    program_review: Does the program maintain a §1302.3-conformant business continuity plan covering both operations continuity and file/record disaster recovery, with testing within the past year?
    file_review: Review the current BCP against §1302.3 and confirm evidence of testing within the past year.
    judgment: false
    feeds: []
    workflow_phase: corporate_governance
    owner_role: chief_servicing_officer
    secondary_owner_role: information_security_officer
    cadence: continuous
    consequence: Lacking a compliant BCP is a Selling/Servicing Guide breach and creates Freddie Mac mortgage-file-recovery risk in disasters.
    tags:
      - round-d
      - regulator-direct
      - fhlmc
      - servicing-guide
      - business-continuity-plan
      - disaster-recovery
      - promoted
    primary_source:
      tier: 1
      authority: FHLMC Single-Family Guide §8101.1(a) — Servicer's general responsibilities (BCP requirement)
      source_class: fhlmc-guide
      source_url: https://guide.freddiemac.com/app/guide/
      snapshot_id: fbba421721d90cb1
      fetched_at: '2026-05-25T14:09:48Z'
      content_hash: sha256:placeholder-snapshot-content-hash-from-source-json
      paragraph_quote: |
        Maintain a business continuity plan in place that meets the requirements of Section 1302.3
      drafter_attestation: |
        Copied verbatim from snapshot fbba421721d90cb1. §8101.1(a) BCP-
        per-§1302.3 operative duty. The "disaster or other interruption"
        and file/record recovery tail paraphrased in description.
    promoted_at: '2026-05-25T20:28:29+00:00'
    promoted_from: fhlmc-8101-roundd-v1.yaml
  - id: fhlmc-8101-24-hour-disaster-notification
    canonical_id: fhlmc-8101-24-hour-disaster-notification
    section: FHLMC Single-Family Guide §8101.1(a) — 24-hour disaster notification to Freddie Mac
    description: |
      In the event of a disaster affecting or interrupting [LENDER]'s
      (Servicer's) operations, [LENDER] shall notify Freddie Mac
      within 24 hours of the disaster by calling Customer Service at
      800-FREDDIE. The 24-hour bright-line trigger applies even
      before [LENDER] has assessed full disaster impact.
    type: do
    audit_question: If [LENDER] experienced any operational-disruption disaster, can [LENDER] evidence Freddie Mac notification within 24 hours (call log, customer-service confirmation, or other contemporaneous record)?
    program_review: Does the program ensure that any operational-disruption disaster triggers notice to Freddie Mac (800-FREDDIE) within 24 hours, even before full impact assessment?
    file_review: For any disaster event, confirm a contemporaneous record of Freddie Mac notification within 24 hours.
    judgment: false
    feeds: []
    workflow_phase: corporate_governance
    owner_role: chief_servicing_officer
    secondary_owner_role: information_security_officer
    cadence: per-disaster-event
    consequence: Late or missing disaster notification compounds operational risk and is a Servicing Guide breach.
    tags:
      - round-d
      - regulator-direct
      - fhlmc
      - servicing-guide
      - disaster-notification
      - 24-hour-deadline
      - promoted
    primary_source:
      tier: 1
      authority: FHLMC Single-Family Guide §8101.1(a) — Disaster notification
      source_class: fhlmc-guide
      source_url: https://guide.freddiemac.com/app/guide/
      snapshot_id: fbba421721d90cb1
      fetched_at: '2026-05-25T14:09:48Z'
      content_hash: sha256:placeholder-snapshot-content-hash-from-source-json
      paragraph_quote: |
        the Servicer must notify Freddie Mac within 24 hours of the disaster
      drafter_attestation: |
        Copied verbatim from snapshot fbba421721d90cb1. §8101.1(a) 24-hour-
        disaster-notification operative requirement. Quote truncated before
        "by calling Customer Service at 800-FREDDIE." because PDF has a
        soft line break within "800-FREDDIE" ("800-\nFREDDIE") which after
        \s+ normalization becomes "800- FREDDIE" (dash + space + FREDDIE),
        defeating verbatim substring match. The call method paraphrased
        in description.
    promoted_at: '2026-05-25T20:28:29+00:00'
    promoted_from: fhlmc-8101-roundd-v1.yaml
  - id: fhlmc-8101-perform-duties-at-own-expense
    canonical_id: fhlmc-8101-perform-duties-at-own-expense
    section: FHLMC Single-Family Guide §8101.1(b) — Servicer at own expense; Borrower charges limited by Security Instrument + applicable law
    description: |
      [LENDER] (Servicer) shall be responsible for performing the
      obligations and duties required under the Servicing Contract at
      its own expense and without cost or charge to Freddie Mac unless
      expressly provided for otherwise in the Servicing Contract. Any
      costs or expenses incurred by [LENDER] may be charged or
      collected from the Borrower ONLY to the extent allowed under
      the terms of the Security Instrument, the Servicing Contract,
      and any applicable law.
    type: do
    audit_question: Can [LENDER] evidence (via fee disclosures, Borrower account statements, internal expense allocation) that (a) servicing costs are absorbed by [LENDER] except where Servicing Contract expressly permits Freddie Mac chargeback, and (b) any Borrower charges are limited by Security Instrument + Servicing Contract + applicable law?
    program_review: Does the program ensure servicing costs are borne by the Servicer except where the Servicing Contract expressly permits chargeback, and that any Borrower charges are limited by the Security Instrument, Servicing Contract, and applicable law?
    file_review: Review fee disclosures and Borrower account statements; the compliance person judges whether any Borrower charge exceeded what the Security Instrument/Contract/law allow.
    judgment: true
    feeds: []
    workflow_phase: general_servicing_ops
    owner_role: chief_servicing_officer
    secondary_owner_role: compliance_officer
    cadence: continuous
    consequence: Improper charging of FHLMC or improper Borrower-fee allocation is a Servicing Guide breach + UDAAP/state-law risk.
    tags:
      - round-d
      - regulator-direct
      - fhlmc
      - servicing-guide
      - own-expense
      - borrower-fee-limit
      - promoted
    primary_source:
      tier: 1
      authority: FHLMC Single-Family Guide §8101.1(b) — The Servicer to perform its obligations and duties at its own expense
      source_class: fhlmc-guide
      source_url: https://guide.freddiemac.com/app/guide/
      snapshot_id: fbba421721d90cb1
      fetched_at: '2026-05-25T14:09:48Z'
      content_hash: sha256:placeholder-snapshot-content-hash-from-source-json
      paragraph_quote: |
        The Servicer is responsible for performing the obligations and duties required under the Servicing Contract at its own expense
      drafter_attestation: |
        Copied verbatim from snapshot fbba421721d90cb1. §8101.1(b) Servicer-
        at-own-expense operative requirement. The "without cost or charge
        to Freddie Mac" clause + Borrower-fee-limit conditions paraphrased
        in description.
    promoted_at: '2026-05-25T20:28:30+00:00'
    promoted_from: fhlmc-8101-roundd-v1.yaml
_promotion_history:
  - promoted_at: '2026-05-25T20:28:30+00:00'
    candidate_path: obligations\_remediation\round-d-investor-guides\fhlmc-8101-roundd-v1.yaml
    candidates_promoted: 5
    candidates_skipped_existing: 0

Verbatim regulatory text (5)

Verbatim provisions from FHLMC Single-Family Seller/Servicer Guide Chapter 8101 — Servicer's General Responsibilities — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.

FHLMC Single-Family Guide §8101.1(a) — Maintain adequate facilities and experienced staff

Maintain adequate facilities and experienced staff

Source: FHLMC Single-Family Guide §8101.1(a) — Servicer's general responsibilities · source URL · snapshot fbba421721d90cb1

FHLMC Single-Family Guide §8101.1(a) — Service Mortgages/REO per Purchase Documents + applicable laws + FHA/VA/RHS/MI rules

Take all actions necessary to ensure that the Mortgages and REO in which Freddie Mac has an interest are serviced in accordance with the Purchase Documents

Source: FHLMC Single-Family Guide §8101.1(a) — Servicer's general responsibilities · source URL · snapshot fbba421721d90cb1

FHLMC Single-Family Guide §8101.1(a) — Maintain business continuity plan per §1302.3

Maintain a business continuity plan in place that meets the requirements of Section 1302.3

Source: FHLMC Single-Family Guide §8101.1(a) — Servicer's general responsibilities (BCP requirement) · source URL · snapshot fbba421721d90cb1

FHLMC Single-Family Guide §8101.1(a) — 24-hour disaster notification to Freddie Mac

the Servicer must notify Freddie Mac within 24 hours of the disaster

Source: FHLMC Single-Family Guide §8101.1(a) — Disaster notification · source URL · snapshot fbba421721d90cb1

FHLMC Single-Family Guide §8101.1(b) — Servicer at own expense; Borrower charges limited by Security Instrument + applicable law

The Servicer is responsible for performing the obligations and duties required under the Servicing Contract at its own expense

Source: FHLMC Single-Family Guide §8101.1(b) — The Servicer to perform its obligations and duties at its own expense · source URL · snapshot fbba421721d90cb1