© 2020 Fannie Mae. Trademarks of Fannie Mae.
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4636.PR - January 2021
Questions
For questions contact:
General: Multifamily Asset Management;
Structured Transactions (Credit Facilities and Bulk Deliveries): Multifamily Structured Asset Management;
Seniors Housing Properties: Multifamily Seniors Housing Property Asset Management;
Borrower Channel: Multifamily Borrower Channel;
Fannie Mae In-House Counsel: Fannie Mae Multifamily Legal; or
Fannie Mae Outside Counsel: Pillsbury Winthrop Shaw Pittman LLP.
Fees
The Borrower must pay the Servicer a $2,500 review fee. The Servicer may increase or decrease its fee at its
discretion. No Fannie Mae review fees are due.
The Servicer may also seek reimbursement from the Borrower for all reasonable out-of-pocket costs, including
reasonable legal fees incurred by Servicer's counsel.
If Fannie Mae outside counsel is engaged, the Borrower must pay its fee, estimated at $3,000 for most requests
concerning a partial release of collateral. The actual legal fee may be higher or lower, depending on the
ultimate scope of the request and the time necessary to resolve. The Servicer will receive a summary invoice
directly from Fannie Mae outside counsel and must arrange for payment. The Servicer will be apprised of any
likely increases in the estimated review fee. The estimated legal fee must be collected from the Borrower
before engaging Fannie Mae outside counsel.
Legal Documentation
If the request is delegated to the Servicer, the preparation of the legal documentation to effectuate the partial
release of collateral is also delegated to the Servicer. The Servicer is responsible for the preparation or review
of (i) the deed, (ii) Partial Release of Security Instrument, (iii) draft amendments to the Loan Documents, and
(iv) draft date-down endorsement to Fannie Mae's title insurance policy that reflects the partial release of
collateral, and confirms the priority of Fannie Mae's Lien over the portion of the remaining Property.
If the request is not delegated and/or Fannie Mae legal review is needed or requested, Fannie Mae counsel must
be provided with the following:
the land sale contract and proposed deed;
draft amendments to the Loan Documents;
a memorandum reviewing the applicable terms of the Loan Documents in the context of the proposed
transaction;
copy of the Borrower Request;
Form 4636.PR;
verification that the release will not cause the remaining Property or Improvements to be in violation
of any law, including zoning laws;
a copy of an ALTA survey, site plan, or other drawing depicting the portion of the Property subject to
the partial release in relation to the remaining portion of the Property;
legal description of the portion of the Property being released, which must match the legal description
in the deed and Partial Release of Security Instrument;
a draft date-down endorsement to Fannie Mae's title insurance policy that reflects the partial release
of collateral, and confirms the priority of Fannie Mae's Lien over the remaining portion of the Property;
a description of the source and use of any funds received by the Borrower; and
for each question in Part III of this Form answered “Yes” by the Servicer, the information requested by
the Comments section, and any supporting documentation.
Document Execution and
Follow-up
For non-delegated requests, Fannie Mae will review the documents and advise the Servicer of any needed
follow-up actions. If Fannie Mae approves the non-delegated request or the Servicer has approved the
delegated request, the instructions below must be followed for executing any required documents. The
Servicer may use its Limited Power of Attorney for documents that Fannie Mae has reviewed and approved.
If the Servicer Has Limited Power of Attorney
If the Servicer has a Limited Power of Attorney permitting the execution of documents relating to the partial
release of collateral, an officer of the Servicer may sign as attorney-in-fact for Fannie Mae. The signature block
must be signed “[Name of Servicer], as Attorney-in-Fact for Fannie Mae.”