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FHFA_2015_Report-to-Congress

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Regulatory Interpretations • Regulated Entities<br />

(Enterprises and/or Federal Home Loan Banks) and the Office of Finance<br />

Policy Subject<br />

Reference<br />

Date<br />

(2015)<br />

Description/Explanation/Comments<br />

Transfer of Mortgage<br />

Servicing Rights under<br />

the Acquired Member<br />

Asset Regulations<br />

2015-RI-<br />

01<br />

June 23<br />

The AMA regulation allows an FHLBank to authorize the transfer of mortgage servicing rights<br />

for loans purchased under an AMA program to a non-member of the Federal Home Loan Bank<br />

System, including to an entity that is not eligible for membership. The AMA regulation does<br />

not specifically address servicing requirements, and nothing in the rule specifically prohibits<br />

the transfer of servicing rights to a non-member of the Federal Home Loan Bank System.<br />

Thus, so long as the transfer is accomplished in such a way that the associated mortgage<br />

loans continue to comply with the requirements in the AMA regulation, including the creditenhancement<br />

requirements, an FHLBank may allow the transfer of servicing rights to an entity<br />

that is not a member of the Federal Home Loan Bank System.<br />

58 FEDERAL HOUSING FINANCE AGENCY

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