Freddie Mac Single-Family Seller/Servicer Guide 9301.4 — Reporting requirements: referral and during the foreclosure proceeding

Freddie Mac Single-Family Seller/Servicer Guide 9301.4 — Reporting requirements: referral and during the foreclosure proceeding

Effective 2025-09-10 · Freddie Mac's stamp for this section

This section contains requirements related to: ■ Monthly foreclosure reporting ■ Responding to and reporting Borrower defenses ■ Reporting the scheduled foreclosure sale date The Servicer must notify Freddie Mac via an EDR transmission within the first three Business Days of the month following the month that the Servicer referred the Mortgage to foreclosure. Use a default action code of 43 and provide the date the Mortgage was referred to foreclosure. For additional information on EDR requirements, refer to Section 9102.6(c). (a) Monthly foreclosure reporting Once the Servicer has reported that a Mortgage has been referred to foreclosure the Servicer must report a default action code 68 (Date of first legal action) with the corresponding date of the first legal action (as defined in Section 9301.5(a)(i)). The Servicer must continue to report that the Mortgage is in foreclosure in its monthly EDR transmission using a default action code of 43 (Referred to foreclosure) until: ■ The Servicer reports the results of a foreclosure sale or the execution of a deed-in-lieu of foreclosure, or ■ The Servicer reports that the Mortgage is fully reinstated or paid off, or ■ A workout is completed For additional information on EDR requirements, refer to Section 9102.6. (b) Responding to and reporting Borrower defenses (i) Responding to Borrower defenses The Servicer must respond to legal actions brought by the Borrower during the foreclosure. Refer to Chapter 9401 for specific requirements for handling bankruptcy and routine litigation and Chapter 9402 for non-routine litigation actions. (ii) Reporting a bankruptcy filing If the Borrower files bankruptcy during the foreclosure process, the Servicer must report the bankruptcy filing to Freddie Mac. The Servicer must submit this notification via an EDR transmission within the first three Business Days of the month following the month that the bankruptcy was filed. The Servicer must include the date of the filing and the applicable default action code to indicate the bankruptcy chapter number, as shown below. Bankruptcy default action codes Bankruptcy Chapter Default Action Code Chapter 12 bankruptcy petition filed 59 Chapter 7 bankruptcy petition filed 65 Chapter 11 bankruptcy petition filed 66 Chapter 13 bankruptcy petition filed 67 The Servicer must also notify Freddie Mac when the bankruptcy plan is confirmed by reporting a default action code of 69 (Bankruptcy plan confirmed), and providing the date the plan was confirmed, or in the event of a scheduled bankruptcy cramdown, by reporting a default action code of 35 (bankruptcy cramdown Scheduled). The Servicer must continue to report each month that the Borrower is in bankruptcy until the bankruptcy is cleared or the stay lifted, and the Servicer has reported the event to Freddie Mac. When the bankruptcy is cleared or the stay is lifted, the Servicer must notify Freddie Mac via an EDR transmission within the first three Business days of the month following the month that the action occurred. Use a default action code of 76 (Bankruptcy court clearance obtained/stay lifted) and provide the date that the action occurred. Note: For additional information on EDR requirements refer to Section 9102.6. (iii) Reporting a contested foreclosure and/or other litigation The Servicer must notify Freddie Mac of a contested foreclosure. The Servicer must also notify Freddie Mac of any pending litigation that affects the enforceability of the Mortgage or the marketability of the property securing the Mortgage. (Refer to Section 9402.1(b).) The Servicer must submit this notification via an EDR transmission within the first three Business Days of the month following the month in which the Servicer became aware of the contested foreclosure or other litigation. Use a default action code of 33 (Contested foreclosure and litigation) and provide the date that the action occurred. The Servicer must report each month that the foreclosure is being contested or about the other litigation as long as the case is pending. Note: For additional information on EDR requirements, refer to Section 9102.6. (c) Reporting the scheduled foreclosure sale date The Servicer must notify Freddie Mac via an EDR transmission within the first three Business Days of the month following the month that a foreclosure sale has been scheduled, by reporting a default action code of 71 (Foreclosure sale scheduled) along with the scheduled sale date. When the Servicer reports the scheduled foreclosure sale in its EDR transmission, the Servicer must also indicate that the Mortgage is in foreclosure using a default action code of 43 (Referred to foreclosure). Therefore, the Servicer will be reporting multiple default action codes in the same EDR transmission. For additional information on EDR requirements, refer to Section 9102.6.

Source: Freddie Mac Single-Family Seller/Servicer Guide 9301.4 — Reporting requirements: referral and during the foreclosure proceeding · source URL · snapshot 4c94f67729042dd6

Freddie Mac Single-Family Seller/Servicer Guide 9301.4 — Reporting requirements: referral and during the foreclosure proceeding — PENDING VERSION, takes effect 2026-11-16

Not yet in force. This is the pending version of the section, which takes effect 2026-11-16. The other version on this page governs until then.

Effective 2026-11-16 · Freddie Mac's stamp for this section

11/16/26) Refer to Bulletins 2026-G and 2026-11, which announced updates related to Freddie Mac’s new event-based default related reporting requirements. Beginning November 16, 2026, Servicers may implement the new requirements if they are operationally ready to do so. If a Servicer adopts the new event-based default related reporting standards before the mandatory effective date of September 27, 2027, it must comply with the associated Guide requirements that will be effective on September 27, 2027 and, upon such adoption, must discontinue monthly EDR reporting. This section contains requirements related to: ■ Monthly foreclosure reporting ■ Responding to and reporting Borrower defenses ■ Reporting the scheduled foreclosure sale date The Servicer must notify Freddie Mac via an EDR transmission within the first three Business Days of the month following the month that the Servicer referred the Mortgage to foreclosure. Use a default action code of 43 and provide the date the Mortgage was referred to foreclosure. For additional information on EDR requirements, refer to Section 9102.6(c). (a) Monthly foreclosure reporting Once the Servicer has reported that a Mortgage has been referred to foreclosure the Servicer must report a default action code 68 (Date of first legal action) with the corresponding date of the first legal action (as defined in Section 9301.5(a)(i)). The Servicer must continue to report that the Mortgage is in foreclosure in its monthly EDR transmission using a default action code of 43 (Referred to foreclosure) until: ■ The Servicer reports the results of a foreclosure sale or the execution of a deed-in-lieu of foreclosure, or ■ The Servicer reports that the Mortgage is fully reinstated or paid off, or ■ A workout is completed For additional information on EDR requirements, refer to Section 9102.6. (b) Responding to and reporting Borrower defenses (i) Responding to Borrower defenses The Servicer must respond to legal actions brought by the Borrower during the foreclosure. Refer to Chapter 9401 for specific requirements for handling bankruptcy and routine litigation and Chapter 9402 for non-routine litigation actions. (ii) Reporting a bankruptcy filing If the Borrower files bankruptcy during the foreclosure process, the Servicer must report the bankruptcy filing to Freddie Mac. The Servicer must submit this notification via an EDR transmission within the first three Business Days of the month following the month that the bankruptcy was filed. The Servicer must include the date of the filing and the applicable default action code to indicate the bankruptcy chapter number, as shown below. Bankruptcy default action codes Bankruptcy Chapter Default Action Code Chapter 12 bankruptcy petition filed 59 Chapter 7 bankruptcy petition filed 65 Chapter 11 bankruptcy petition filed 66 Chapter 13 bankruptcy petition filed 67 The Servicer must also notify Freddie Mac when the bankruptcy plan is confirmed by reporting a default action code of 69 (Bankruptcy plan confirmed), and providing the date the plan was confirmed, or in the event of a scheduled bankruptcy cramdown, by reporting a default action code of 35 (bankruptcy cramdown Scheduled). The Servicer must continue to report each month that the Borrower is in bankruptcy until the bankruptcy is cleared or the stay lifted, and the Servicer has reported the event to Freddie Mac. When the bankruptcy is cleared or the stay is lifted, the Servicer must notify Freddie Mac via an EDR transmission within the first three Business days of the month following the month that the action occurred. Use a default action code of 76 (Bankruptcy court clearance obtained/stay lifted) and provide the date that the action occurred. Note: For additional information on EDR requirements refer to Section 9102.6. (iii) Reporting a contested foreclosure and/or other litigation The Servicer must notify Freddie Mac of a contested foreclosure. The Servicer must also notify Freddie Mac of any pending litigation that affects the enforceability of the Mortgage or the marketability of the property securing the Mortgage. (Refer to Section 9402.1(b).) The Servicer must submit this notification via an EDR transmission within the first three Business Days of the month following the month in which the Servicer became aware of the contested foreclosure or other litigation. Use a default action code of 33 (Contested foreclosure and litigation) and provide the date that the action occurred. The Servicer must report each month that the foreclosure is being contested or about the other litigation as long as the case is pending. Note: For additional information on EDR requirements, refer to Section 9102.6. (c) Reporting the scheduled foreclosure sale date The Servicer must notify Freddie Mac via an EDR transmission within the first three Business Days of the month following the month that a foreclosure sale has been scheduled, by reporting a default action code of 71 (Foreclosure sale scheduled) along with the scheduled sale date. When the Servicer reports the scheduled foreclosure sale in its EDR transmission, the Servicer must also indicate that the Mortgage is in foreclosure using a default action code of 43 (Referred to foreclosure). Therefore, the Servicer will be reporting multiple default action codes in the same EDR transmission. For additional information on EDR requirements, refer to Section 9102.6.

Source: Freddie Mac Single-Family Seller/Servicer Guide 9301.4 — Reporting requirements: referral and during the foreclosure proceeding · source URL · snapshot 4c94f67729042dd6

Freddie Mac Single-Family Seller/Servicer Guide 9301.4 — Reporting requirements: referral and during the foreclosure proceeding — PENDING VERSION, takes effect 2027-09-27

Not yet in force. This is the pending version of the section, which takes effect 2027-09-27. The other version on this page governs until then.

Effective 2027-09-27 · Freddie Mac's stamp for this section

09/27/27) This section contains requirements related to: ■ Foreclosure reporting ■ Responding to Borrower defenses Servicers must report the Referred to Foreclosure default related reporting event in accordance with Section 9102.6 and Exhibit 82, Default Reporting Dataset Guidelines, when it has submitted the referral/request package to the foreclosure attorney to begin foreclosure proceedings. (a) Foreclosure reporting Once the Servicer has reported that a Mortgage has been referred to foreclosure the Servicer must report the following default related reporting events in accordance with Section 9102.6 and Exhibit 82: ■ Foreclosure – First Legal Action Completed when the foreclosure attorney has filed the first legal documentation required by the State and/or jurisdiction to initiate foreclosure proceedings ■ Foreclosure – Service Completed when the foreclosure attorney has served the Borrowers and other required parties (e.g., other lienholders or owners) with the required documents, disclosures and notifications regarding initiation of the foreclosure proceedings ■ Foreclosure – Judgment Received when the court has issued a final judgment for the foreclosure proceedings ■ Foreclosure – Sale Scheduled when the foreclosure sale has been scheduled, postponed or adjourned If the following situations occur during the foreclosure process, the Servicer must report the applicable default related reporting events in accordance with Section 9102.6 and Exhibit 82: If the following occurs…. Report this default related reporting event(s) The court or jurisdiction requires mediation prior to or as part of the foreclosure process Foreclosure – Hold (Servicer must report Mediation as the Foreclosure Delay Category Type) If the following occurs…. Report this default related reporting event(s) The foreclosure proceeding is placed on hold (e.g., bankruptcy filed, routine or non-routine litigation, loss mitigation review) Foreclosure – Hold Note: If there are multiple reasons the foreclosure proceeding is placed on hold, the Servicer must report each applicable Foreclosure Delay Category Type (see Exhibit 82) The foreclosure proceeding is terminated by the foreclosure attorney Foreclosure – Terminated The Servicer identifies a title issue during the foreclosure proceeding or prior to the property transferring to REO Title Issue and Foreclosure Hold, annotating the appropriate foreclosure delay category type The Borrower files Bankruptcy during the foreclosure proceeding Bankruptcy Filed and Foreclosure Hold, annotating the appropriate foreclosure delay category type The Borrower contests the foreclosure or files other litigation Litigation and Foreclosure Hold, annotating the appropriate foreclosure delay category type For additional information on default related reporting event requirements, refer to Section 9102.6 and Exhibit 82. (b) Responding to Borrower defenses The Servicer must respond to legal actions brought by the Borrower during the foreclosure. Refer to Chapter 9401 for specific requirements for handling bankruptcy and Chapter 9402 for routine and non-routine litigation actions.

Source: Freddie Mac Single-Family Seller/Servicer Guide 9301.4 — Reporting requirements: referral and during the foreclosure proceeding · source URL · snapshot 4c94f67729042dd6