Fannie Flex Modification Terms


On May 29, Fannie issued letter determining flex modification terms.


  • Fannie issued Lender letter LL-2024-02, updating the Fannie flex modification terms.
  • Freddie issued Guide bulletin 2024-E, on enhancements to Freddie flex modification.
  • FHFA reported on Fannie and Freddie enhancements, for borrowers facing hardship.
  • Term Updates
  • Updates the steps for determining the flex modification terms to expand borrower eligibility and provide more equitable payment reduction to eligible borrowers.
  • Expands eligibility by revising the mark-to-market loan-to-value based requirements.
  • Provides more equitable payment reduction by applying the terms incrementally.
  • Also provides more equitable reduction by targeting a 20% P&I payment reduction.
  • Letter outlines the steps for determining the new modified mortgage loan terms.
  • Prior to granting a permanent mortgage loan modification, the servicer must place the borrower into a trial period plan that uses the new modified mortgage loan terms.
  • Servicer must request prior written approval to deviate from the prescribed steps.
  • Published revised evaluation notices that must be implemented as of Dec. 1, 2024.
  • Appendix includes examples related to 20% P&I payment and interest rate reductions.
  • Effectiveness
  • Changes may start being implemented Nov. 1, but must be implemented Dec. 1, 2024.
  • Once implemented, servicer must offer the flex modification to all eligible borrowers.
  • These policy changes will be reflected in the November 2024 Servicing Guide update.
  • Jun. 2024 Editorial Update
  • On Jun. 3, 2024, Reg-track made editorial update to add FHFA regulator, related link.
  • Oct. 2024 Fannie Flex Modification Terms
  • On Oct. 2, 2024, Fannie updated Letter LL-2024-02 to update steps for determining flex modification terms in alignment with Freddie and at the direction of FHFA.
  • Updated revised the mark-to-market loan-to-value (MTMLTV) based requirements.
  • Additionally, it provided more equitable payment reduction to eligible borrowers by applying the terms incrementally and targeting a 20% P&I payment reduction.
  • Also published revised Evaluation Notices that must be implemented by Dec. 1, 2024.
  • When determining the final Fannie Flex Modification terms, the servicer must use the same interest rate as established when determining the terms for the Trial Period Plan.
  • Clarification is effective upon implementation of updated Flex Modification policy.
  • Updated Guide with revised steps, will replace interim month with processing month in relation to Flex Modification to align terminology with that used for payment deferral.
  • Servicers must determine the borrower’s new modified mortgage loan terms for a Fannie Flex Modification, per letter, as early as Nov. 1 but no later than Dec. 1, 2024.
  • Once implemented, the servicer must offer the Fannie Mae Flex Modification to all eligible borrowers according to the requirements in Lender Letter LL-2024-02.
  • These policy changes will be reflected in the Nov. 2024 Servicing Guide update.

Regulators Fannie; FHFA; Freddie
Entity Types Bank; CU; MG Orig; Servicer; Thrift
Reference FHFA: PR, 5/29/2024; Fannie: Lt LL-2024-02, 10/2/2024; PR, Lt LL-2024-02, 5/29/2024; Freddie: Bul. 2024-E, 5/29/2024;
Functions Compliance; Financial; Operations; Risk
Countries United States of America
Category
State
Products Banking; Loan; Mortgage
Regions Am
Rule Type Final
Rule Date 5/29/2024
Effective Date 12/1/2024
Rule Id 213978
Linked to N/A
Reg. Last Update 10/2/2024
Report Section US Banking

Last substantive update on 10/07/2024