Freddie Mac Optigo | 2026-10-12

Freddie Mac Third-Party Notices Belong in Final Delivery

The current Guide makes notice analysis, delivery proof, and mortgagee-rights tracking part of the legal closing record.

Freddie Mac's current Multifamily Seller/Servicer Guide, Chapter 32, Section 32.3(e), requires the Final Delivery Package to include copies of written notices that the Seller/Servicer's legal counsel determines must be, or are generally advisable to be, provided to third parties under documents, instruments, or agreements affecting the property. The rule reaches both recorded and unrecorded agreements and applies to notices connected with mortgage origination or the later assignment of the mortgage to Freddie Mac.

The Guide specifically includes notices intended to entitle the Seller or Freddie Mac, in its capacity as a mortgagee, to legal rights under those documents. Notice work is therefore more than a mailing task: counsel must identify the agreement, the right that depends on notice, the correct recipient, and the contractual method and timing for delivery.

A practical review should start with the title exceptions and the transaction's agreement inventory. For each document with a notice provision, the closing checklist should record the operative section, recipient and address, permitted delivery method, deadline, whether an acknowledgment or consent is needed, and the evidence that will establish delivery.

Borrower-side counsel can help by collecting current contact information, preparing any borrower-executed notices early, and confirming which completed notices and delivery evidence lender's counsel needs for the final package. One notice log shared across the closing team can keep contractual rights, execution, and final delivery aligned. This note is informational only and is not legal advice for any specific transaction.