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Soldiers' and Sailors' Civil Relief Act
| Mortgage Computer has received inquiries regarding the method of modifying loans that qualify
under the Soldiers’ and Sailors’ Civil Relief Act ("Act"). Mortgage Computer offers no legal
or regulatory interpretation of the Act nor its implications with regard to the loan or loan servicing.
Each Mortgage Computer customer must obtain their own legal and/or advisory opinion as to the correctness
and legal sufficiency of its actions before modifying the MC Software. Mortgage Computer makes no representation
as to the correctness or legal sufficiency of the following process but provides such for illustrative
purposes only.
REQUIRED The borrower will provide a written request to reduce his interest rate. The request requires:
The modifications made to your data base are dependant upon who owns the loan and the type of remittance required. PORTFOLIOFixed Rate Loans
These fields must be changed back when active duty ends. PORTFOLIOARM Loans Follow all the steps outlined for a Fixed Rate Loan, plus the following:
The loan will still require that Change Notices be prepared when the Change Date is reached. When active duty ends, modify Fields 50 and 51 back to their original codes and add a line to the Payment Adjustment Table to resume the rate and payment that would have been in effect. INVESTOR LOANActual/Actual Remittance Fannie Mae actual/actual reporting will also change the rate on their record. Therefore, follow the same steps as with portfolio loans. If you are servicing actual/actual loans for other investors, you should check with the investor before changing the loan data. Scheduled/Actual and Scheduled/Scheduled RemittanceFreddie Mac, Ginnie Mae and Fannie Mae MBS Pools follow the same steps as with portfolio loans. The investor will require remittance of the "scheduled" amounts as per the original rate and payment. Bill the investor for the difference at monthly cutoff. The Freddie Mac ANY Rate will retain the old rate information and calculate the amount required to submit to Freddie Mac. The Freddie Mac Monthly Activity Report (03.17.10.02.07) indicates the difference between what was collected and what is required to submit. Use Freddie’s forms 1066 and 1071 to request reimbursement. The Pool package Pass Through Rate will retain the old rate information even though the rate is changed in the Loan Servicing Master Record. Use the 1710A Report to determine the difference between the amount collected and the amount due to the investor. This is the amount to request for reimbursement. When the military indulgence ends, change all fields back to their original information. Updated February 14, 2005 at 12:09 p.m. |