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If a mortgagor adheres to the submission of monthly payments, but fails to return an executed Special Forbearance Agreement, can the mortgagee file for a Special Forbearance incentive claim?

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If a mortgagor adheres to the submission of monthly payments, but fails to return an executed Special Forbearance Agreement, can the mortgagee file for a Special Forbearance incentive claim?

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Answer – No, Mortgagee Letter 2002-17, Page 9, states in part the mortgagee must file the incentive claim within 60 days of the date the Special Forbearance was executed. Since the mortgagee does not have a Special Forbearance Agreement that has been executed by the mortgagor the mortgagee cannot file the incentive claim.

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