Fannie Mae Servicing Guide D1-4.1-01 — Determining Whether a Transfer of Ownership Is Permitted
Fannie Mae Servicing Guide D1-4.1-01 — Determining Whether a Transfer of Ownership Is Permitted.
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Verbatim provisions from Fannie Mae Servicing Guide D1-4.1-01 — Determining Whether a Transfer of Ownership Is Permitted — 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.
Fannie Mae Servicing Guide D1-4.1-01 — Determining Whether a Transfer of Ownership Is Permitted
D1-4.1-01, Determining Whether a Transfer of Ownership Is Permitted (11/12/2014) Introduction This topic contains information on determining whether a transfer of ownership is permitted. For purposes of enforcing the due-on-sale (or due-on-transfer) provision, if any, in the security instrument, the servicer must consider all of the following situations to be a transfer of ownership: the purchase of a property “subject to” the mortgage loan, the assumption of the mortgage loan debt by the property purchaser, any exchange of possession of property under a land sales contract or any other land trust device, and in cases in which an inter vivos revocable trust is the borrower, any transfer of a beneficial interest in the trust. When the servicer receives a request for a statement of account in connection with a possible transfer of ownership of a property, or if the servicer learns after the fact that a transfer has occurred, the servicer must take the actions listed in the following table. ✓ The servicer must... Review the mortgage loan instruments to determine whether the mortgage loan is subject to enforcement of the due-on-sale (or due-on-transfer) provision. Investigate any questionable changes to determine whether a transfer of ownership has occurred. Determine whether any action needs to be taken to enforce the due-on-sale (or due-on-transfer) provision. The statement of account that the servicer issues in connection with a possible transfer must clearly state the items listed in the following table. ✓ The statement of account must clearly... State Fannie Mae’s right to enforce the due-on-sale (or due-on-transfer) provision, if applicable. Describe Fannie Mae’s policy regarding enforcement of due-on-sale (or due-on-transfer) provisions. Describe any exceptions or limiting conditions to the policy.
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Industry guidance on this section
Third-party practitioner commentary — not regulator text, and not part of the verbatim corpus above. Listed because it addresses questions this provision raises but does not answer.
- Fannie Mae & Freddie Mac – Transferring Title to an LLC After Closing - Mortgage Guidelinesmortgageguidelines.com
Addresses transferring title to an LLC without triggering due-on-sale.
Source of record: https://claudeforcompliance.com/regs/fnma-svc-d1-4-1-01/
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