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Easement Requests

Routine easements for normal utilities providing natural gas, water, sewer, electrical, cable television, Internet or telephone service generally are acceptable, as long as they:

  • Are properly reflected in the title insurance policy.
  • Are noted on a revised survey, if one was obtained at mortgage loan origination.
  • Do not interfere with improvements on the property or with existing easements.

Generally, Fannie Mae will not allow an easement if it would have a material, adverse effect on the property value, desirability, marketability, or on the health and/or safety of the occupants.

The table below lists the key points to consider in reviewing an easement request.

Guide Reference

Multifamily Selling and Servicing Guide
Part V, Servicing and Asset Management, Chapter 4: Section 410

Delegation Criteria

Generally, you may approve an easement provided you answer “No” to all of the questions in Part V of the Multifamily Asset Management Delegated Transaction Form (Form 4636).

Fannie Mae approval is required if:

  • You answer “Yes” to even one question on Form 4636

  • The property was financed through a credit facility or bulk delivery.

You must obtain Fannie Mae approval if the mortgage loan is in default or is classified orange or red on the Fannie Mae Watchlist.

What to Submit

Multifamily Asset Management Delegated Transaction Form (Form 4636), Parts I, II, III, and V.

If You Answer “No” to All Questions
Complete the relevant parts of Form 4636 and keep a signed copy in the servicing file for the mortgage loan. You must submit a copy of the form when submitting documents to be executed by Fannie Mae or when the final executed documents granting the easement are delivered to Fannie Mae.

If You Answer “Yes” to Even One Question
Complete the relevant parts of Form 4636 and submit the following to Fannie Mae:

  • A signed copy of Form 4636
  • The documents requested on the form for each question with a “Yes” answer (See example)
  • A copy of the most recent survey showing the proposed location of the easement
  • Your recommendation regarding the acceptability of the easement

Example:
You answer “Yes” to the question: “Would the existence of the easement have a material negative impact on the marketability of the property?”

Along with any other documents required by the Guide and Form 4636, and your recommendation, you would submit a copy of the most recent appraisal, market study, or other documentation related to the marketability or occupancy of the property.

How to Submit

Generally: [email protected].

Structured Facilities*
(Credit Facilities and Bulk Deliveries): [email protected]

Seniors Housing*: [email protected]

Hard Copy (if required by Fannie Mae)
Fannie Mae
Credit Services/Drawer AM
Mailstop 8H-607
3900 Wisconsin Ave. NW
Washington, DC 20016

*Please contact us at these e-mail addresses for requirements specific to these financing types.

Fees

$5,000 split evenly between you and Fannie Mae.

If your actual costs for processing and documenting the easement exceed $2,500, you may seek reimbursement from the borrower of reasonable out-of-pocket costs that exceed that amount.

Wire any fees due to Fannie Mae to the following account no later than 10 business days after you receive them. Include the type of fee or deposit, property name and Fannie Mae loan number.

ABA Number: 021 039 500
Telegraphic Abbreviation: FNMA/NYC
Account Number: 169220242
Note: Type of fee (Assumption or Partial Release), the Fannie Mae Loan Number and the Property Name.
Attn: Trans code 513 - GL 747669921

Use of Funds

You may approve the borrower’s use of funds received for the easement only for specific purposes listed in the loan documents, the disclosures made to investors, and the Multifamily Guide. Permissible uses may include:

  • Reimbursing expenses that the borrower incurred in connection with the easement
  • Restoring property conditions affected by the easement
  • Offsetting the impact on the marketability of the property
  • Funding an restricted escrow account for future property improvements
  • Funding a replacement reserve escrow account for future property improvements not contemplated in the most recent physical needs assessment or adding funds to an existing account.

See the Multifamily Guide for details.

The borrower may not retain any funds received for the easement for any other purpose unless the amount is $10,000 or less.

Resolution/Follow-up

For non-delegated requests, Fannie Mae reviews the documents and advises you of any follow-up actions that need to be taken.

For delegated requests, follow the instructions in the Guide for executing any documents required with this request.

If You Have Limited Power of Attorney
If you have delegated authority and limited power of attorney to execute documents related to the easement, an officer of your company may sign the documents as attorney-in-fact for Fannie Mae. The signature block must be signed “[Name of Servicer], as Attorney-in-Fact for Fannie Mae.”

If You Do Not Have Limited Power of Attorney
If you do not have limited power of attorney, send the documents to Drawer AM for review and execution.

In either case, you need to retain a copy of the documentation in your servicing file and send any executed originals to Drawer AM at the physical address listed above.

Unauthorized Easement

If you become aware that the borrower has granted an easement without your prior approval or that of Fannie Mae, promptly complete Form 4636 and follow the same process you would if the easement had not yet been granted. Immediately send the borrower a Reservation of Rights Letter (Form 4804). Send a copy of Forms 4636 and 4804 to the applicable Asset Management mailbox. Fannie Mae will decide whether to approve the easement or declare the mortgage loan in default.

Always consult the loan documents, transaction documents, your servicing agreement, the Multifamily Guide and the relevant forms for complete instructions.

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