Compliance Docutech

Document Updates: Loan Modification Agreement Enhancements for MT, OR, WA and GA

Written by Fred Gooch | Jun 16, 2026 8:04:41 PM

Montana, Oregon, and Washington

The MERS text has been updated for Montana, Oregon, and Washington in the first paragraph and definition areas of these Loan Modification Agreements:

    • Cx1701 - 3179 FNMA Loan Modification Agreement – Fixed
    • Cx4888 - 3161 FNMA Loan Modification Agreement – ARM
    • Cx10514 - 3161 FNMA Loan Modification Agreement – ARM
    • Cx10515 - 3179 FNMA Loan Modification Agreement – Fixed


New “Security Instrument Originated with MERS Rider” (FI 194048) indicates that:

  • MERS was named as nominee for the lender in the original security instrument;
  • The property is located in Montana, Oregon, or Washington; and
  • The loan was originated with a MERS Rider (FNMA Form 3158 or equivalent).

This field will determine which version of MERS-specific language found in the Fannie Mae instructions for Uniform Instrument Form 3161/3179 prints on the documents listed above.

  • The “with MERS Rider Form 3158” version of MERS text will print by default for these states if “Security Instrument Originated with MERS Rider” is not set, or if the field is set to “Yes”.
  • The “without MERS Rider Form 3158” version of MERS text will only print for these states if “Security Instrument Originated with MERS Rider” is set to “No”.

MERS Riders have been in use for these states for loans with MERS as nominee for the lender in the original security instrument for over a decade. Older MERS loans or loans where MERS was a subsequent assignee still need to print the “without MERS Rider Form 3158” version of text.

Georgia

The Georgia intangible recording tax is a one-time excise tax imposed on the principal amount of long-term debt secured by Georgia real property and is assessed and collected when the security instrument is recorded.

Per Ga. Comp. R. & Regs. r. 560-11-8-.04, Georgia’s “Intangible recording tax is not required to be paid on any instrument that modifies by extension, transfer, assignment or renewal, or gives additional security for an existing note, when the intangible recording tax has been paid on the original instrument or the original note or holder of the original instrument was exempt.”

The following Loan Modification Agreements have been modified to support a statement for Georgia to indicate that nonrecurring intangible recording tax is due only on new money advanced above the unpaid principal balance:

    • Cx1701 - 3179 FNMA Loan Modification Agreement – Fixed
    • Cx4888 - 3161 FNMA Loan Modification Agreement – ARM
    • Cx10514 - 3161 FNMA Loan Modification Agreement – ARM
    • Cx10515 - 3179 FNMA Loan Modification Agreement – Fixed

The statement will appear under the document title on the first page and read as follows:

THIS IS A MODIFICATION OF AN EXISITING INDEBTEDNESS WITH THE SAME LENDER IN THE ORIGINAL PRINCIPAL BALANCE OF $_____, RECORDED IN BOOK _____, PAGE _____, _____ COUNTY, GEORGIA, ON WHICH THE GEORGIA INTANGIBLE RECORDING TAX WAS PAID. THE UNPAID PRINCIPAL BALANCE OF THE ORIGINAL NOTE IS $_____. NEW MONEY IN THE AMOUNT OF $_____ IS BEING ADVANCED, ON WHICH THE INTANGIBLE TAX IS BEING PAID.

Indicator field Print Georgia Nonrecurring Intangible Tax Language (FI 194042) was recently created to control when a similar statement prints on Georgia Security Deeds for certain refinances. This same field will also be used on the Loan Modification Agreements. If the field is not set, this text will print by default for Georgia if “Mortgage 1 - Original Principal Amount” (FI 6130) has a value and none of the “Georgia Intangible Recording Tax – Exempt” fields are set to “Yes” in ConformX.

These changes are available for testing on Stage & Stage 2 servers and will take effect on June 23, 2026. If you have any questions or concerns about these changes, please contact Client Support at 1.800.497.3584.

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The preceding is for informational purposes only and is not and may not be construed as legal advice. No third-party entity may rely upon anything contained herein when making legal and/or other determinations regarding its practices, and such third-party should consult with an attorney prior to embarking upon any specific course of action.