Title Impediment – Loans Secured by Properties with Unexpired Redemption Periods
Certain state laws provide a “redemption period” after a foreclosure or tax sale has occurred, during which time the property may be reclaimed by the prior mortgagor or other party upon payment of all amounts owed. The length of the redemption period varies by state and does not expire automatically upon sale of the property to a new owner. Although an unexpired redemption period will generally be deemed to be an unacceptable title impediment, Fannie Mae will consider it to be acceptable provided the following requirements are met:
✓ | Requirements for Loans Subject to Unexpired Redemption Periods |
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The property must be located in a state where it is common and customary to sell single-family residential property during the redemption period. |
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The mortgagee policy of title insurance must take specific exception to the unexpired right of redemption but also affirmatively insure the mortgagee against all loss arising out of the exercise of any outstanding right of redemption, without qualification. |
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If any party exercises a right to redeem the mortgaged property, the loan must be paid off directly out of the redemption proceeds with no requirement for any further action or claim for repayment. |
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The lender must indemnify Fannie Mae (as described in A2-1-03, Indemnification for Losses) for any losses incurred by Fannie Mae that can be directly attributed to the exercise by any party of a right to redeem the mortgaged property, including without limitation, a loss related to borrower default due to a dispute with the redeeming party over the terms of the redemption. |
See B7-2-05, Title Exceptions and Impediments for additional information.