ARTICLE
13 April 2020

FHFA And GSEs Issue Guidance On Assistance To Renters And Borrowers Impacted By COVID-19

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Seyfarth Shaw LLP
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With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
On March 24, 2020, in response to the growing anticipation that renters in multifamily properties are being negatively impacted by the implications ...
United States Coronavirus (COVID-19)
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On March 24, 2020, in response to the growing anticipation that renters in multifamily properties are being negatively impacted by the implications of the Coronavirus Disease 2019 (“COVID-19”), the Federal Housing Finance Agency (“FHFA”) announced mortgage forbearance for multifamily property borrowers with the condition that the borrower suspend all evictions for renters unable to pay rent due to the impact of COVID-19. The forbearance is available to all multifamily properties securing a loan backed by either Fannie Mae or Freddie Mac (the “GSEs”) which properties have been negatively impacted by COVID-19.

In the press release announcing the forbearance and eviction relief, FHFA Director Mark Calabria said: “Renters should not have to worry about being evicted from their home, and property owners should not have to worry about losing their building, due to the coronavirus. The multifamily forbearance and eviction suspension offered by the [GSEs] should bring peace of mind to millions of families during this uncertain and difficult time. The [GSEs] are working with mortgage servicers to ensure that these programs are implemented immediately so that property owners and renters experiencing hardship because of the coronavirus can get the assistance they need.”

Under Fannie Mae’s official guidance for the mortgage forbearance program, if the lender determines that a forbearance is necessary, then the lender may execute a forbearance agreement with the borrower for up to 3 monthly payments beginning on the first missed monthly payment, provided that the missed payment did not occur before April 1, 2020. The forbearance agreement must require the borrower to bring its mortgage current by the earlier of (1) 12 months after the end of the forbearance period, or (2) receipt by borrower of business interruption insurance proceeds or other assistance or relief program proceeds. In addition, the borrower must suspend all evictions of tenants who have been financially impacted by COVID-19 until the later of (x) 90 days after the expiration date of the forbearance agreement, or (y) the mortgage loan is brought current. Furthermore, the borrower must allow the affected tenants to repay any missed payments over a period of no more than 12 months, without late charges (in addition to the tenant’s regular monthly rent). Fannie Mae will have to approve any forbearance exceeding 3 months.

Freddie Mac has yet to issue its official guidance for the mortgage forbearance program; however, we expect similar treatment based on Freddie Mac’s press announcement.

The content of this article is intended to provide a general guide to the subject matter. Specialist advice should be sought about your specific circumstances.

ARTICLE
13 April 2020

FHFA And GSEs Issue Guidance On Assistance To Renters And Borrowers Impacted By COVID-19

United States Coronavirus (COVID-19)
Contributor
With more than 900 lawyers across 18 offices, Seyfarth Shaw LLP provides advisory, litigation, and transactional legal services to clients worldwide. Our high-caliber legal representation and advanced delivery capabilities allow us to take on our clients’ unique challenges and opportunities-no matter the scale or complexity. Whether navigating complex litigation, negotiating transformational deals, or advising on cross-border projects, our attorneys achieve exceptional legal outcomes. Our drive for excellence leads us to seek out better ways to work with our clients and each other. We have been first-to-market on many legal service delivery innovations-and we continue to break new ground with our clients every day. This long history of excellence and innovation has created a culture with a sense of purpose and belonging for all. In turn, our culture drives our commitment to the growth of our clients, the diversity of our people, and the resilience of our workforce.
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