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FHFA Expands ‘Rep and Warrant’ Relief Following Pandemic Forbearances

The Federal Housing Finance Agency (FHFA) has announced the revision of treatment of Fannie Mae and Freddie Mac (the GSEs) backed single-family mortgages for which borrowers elected to enter into a COVID-19 forbearance under the GSEs representations and warranties framework. 

Under the updated rep and warrant policies, loans for which borrowers elected a COVID-19 forbearance will be treated similarly to loans for which borrowers obtained forbearance due to a natural disaster. As a result, loans with a COVID-19 forbearance will remain eligible for certain rep and warrant relief based on the borrower's payment history over the first 36 months following origination. 

"Forbearance was an invaluable tool for borrowers experiencing financial hardship due to the COVID-19 pandemic," said FHFA Director Sandra L. Thompson. "Servicers went to great lengths to implement forbearance quickly amid a national emergency, and the loans they service should not be subject to greater repurchase risk simply because a borrower was impacted by the pandemic." 

The Enterprises' existing rep and warrant policies with respect to natural disasters allow the time the borrower is in forbearance to be included when demonstrating a satisfactory payment history in the first 36 months following origination. These policies will now extend to loans for which borrowers elected a COVID-19 forbearance. 

These updates will be implemented beginning October 31, 2023. 

About Author: Kyle G. Horst

Kyle G. Horst is a reporter for DS News and MReport. A graduate of the University of Texas at Tyler, he has worked for a number of daily, weekly, and monthly publications in South Dakota and Texas. With more than 10 years of experience in community journalism, he has won a number of state, national, and international awards for his writing and photography including best newspaper design by the Associated Press Managing Editors Group and the international iPhone photographer of the year by the iPhone Photography Awards. He most recently worked as editor of Community Impact Newspaper covering a number of Dallas-Ft. Worth communities on a hyperlocal level. Contact Kyle G. at [email protected].
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