As announced earlier, FNMA and FHLMC have published revised uniform instruments that must be utilized for loans delivered to the GSEs with note dates on or after January 1, 2023. Although the documents released were allowed to be used immediately upon publication, the new uniform instruments have only printed from ConformX if the indicator field “Use New FNMA/FHLMC Legal Documents (07/2021)” (FI 152151) has been set by the client to “Yes” via import or custom standard value field mapping. “Use New FNMA/FHLMC Legal Documents (07/2021)” will now be globally standard value mapped to default to “Yes” for most first lien Conventional, VA, and USDA loans with a Closing Date on or after January 1, 2023.
Global Standard Value Default Mappings
“Use New FNMA/FHLMC Legal Documents (07/2021)” will be globally defaulted to “Yes” when the field has not been set and all of these conditions are true:
- Closing Date (FI 678) is on or after January 1, 2023, or Closing Date is not set and Today’s Date (FI 15408) is on or after January 1, 2023;
- Lien Position (FI 1041) is set to “FirstLien”;
- Heloc (FI 28859) is not set to “Yes” (non-HELOC loans);
- Loan Type (FI 1066) is not set to “FHA” (non-FHA loans); and
- Document Investor Institution ID (FI 32500) is not set to “HOU2” (not an Alaska Housing loan program, since they have not yet posted new copies of their special forms).
“Use New FNMA/FHLMC Legal Documents (07/2021)” will be globally defaulted to “No” when the field has not been set if any of these contrasting conditions are true:
- Closing Date (FI 678) is before January 1, 2023, or Closing Date is not set and Today’s Date (FI 15408) is before January 1, 2023;
- Lien Position (FI 1041) is not set to “FirstLien” (subordinate liens);
- Heloc (FI 28859) is set to “Yes”;
- Loan Type (FI 1066) is set to “FHA”; or
- Document Investor Institution ID (FI 32500) is set to “HOU2” (if Alaska Housing loan program is being used, since they have not yet posted new copies of their special forms).
Document List
Here is a list of the new standard legal documents and their older counterparts. (This is the same list previously posted.)
Please note that the updated July 2021 uniform instruments cannot be used in combination with any earlier versions of other documents. This means that a security instrument with a July 2021 footer must be used with a note (and most riders, if applicable) that also has a July 2021 footer. This way the text and references inside the documents will all match each other.
Please also remember that, as announced, we will continue to use the FHA notes and mortgages based on the 2001 GSE uniform instruments until we receive further clarification from FHA. Standard HELOC and subordinate lien documents have also not been modified. Third party investor forms have been updated except for Alaska Housing who still has older forms posted.
Custom standard value mappings can be set up on an individual client basis to override the default logic outlined above. For example, if clients do not want to trigger the new forms for Closing Dates on or after January 1, 2023, since they use custom notes and riders that are not the 2021 version, or for some other reason are not ready to use the new forms and don’t close loans that will be sold to the GSEs, clients will need to send or have field “Use New FNMA/FHLMC Legal Documents (07/2021)” mapped to “No” to continue to receive the older documents on Production. If a client would like to move to the new documents sooner or use different logic to determine which set of documents can print, custom standard value mappings can be put in place to match those specific requirements as well if they are not already in place.
Effective Date
The new global standard value mappings for “Use New FNMA/FHLMC Legal Documents (07/2021)” are available for testing on Stage 1 and Stage 2 servers and will be moved to Production December 22, 2022. To reiterate, two of the conditions of these global mappings are that they only trigger if the field has not been set, and only if the Closing Date (or Today’s Date if empty) is on or after January 1, 2023.
If you have any question or concerns about these changes, or if you need custom standard value field mappings or updated custom documents, please contact your Client Relationship Manager directly or contact our Client Support Team at 1.800.497.3584.
T3S-4905