April 21, 2025
Re: FHFA FOIA No. 2025-F-PA-017
Dear AAF MEMBER:
This letter is in response to your Freedom of Information Act (FOIA) request, dated April 17, 2025. Your request was received in the Federal Housing Finance Agency’s (FHFA) FOIA/Privacy Act (PA) office on April 17, 2025, and assigned FHFA FOIA/PA request number 2025-F-PA-017. Please refer to this number in any correspondence concerning your request. Your request was processed in accordance with the FOIA (5 U.S.C. Section 552) and the FHFA’s FOIA regulation (12 CFR Part 1202) as well as the Privacy Act (5 U.S.C. § 552a) and the FHFA’s Privacy Act regulation (12 CFR Part 1204).
You requested the following:
“[R]equest copies of all records, communications, servicing data, and legal documents in your possession or control relating to the following mortgage and/or foreclosure matter:
Subject Loan Information: An Adjustable-Rate Note and Mortgage were signed by Alan Breslow (deceased) and Linda Shaffer on September 29, 2004 on a Fannie Mae/Freddie Mac UNIFORM INSTRUMENT Form. The property went into FDIC receivership 5/2009. An unknown entity pursued a foreclosure for full mortgage value, even though the FDIC absorbed 80% of the loan amount. I am requesting any information regarding Fannie Mae ownership of this loan.
Borrower: Linda Shaffer and Alan Breslow (deceased)
Property Address: 2906 122nd Terr. E., Parrish, FL. 34219
Original Lender: esecondmortgage.com inc. dba dollar realty mortgage (The Mortgage and Note were transferred to BankUnited, FSB.)
Loan Number: 000345028-5 (original)
Foreclosing Entity: U.S. Bank National Association, not individually but solely as Trustee for BankUnited Trust 2005-1
Foreclosure Jurisdiction: Manatee County, State of Florida
Foreclosure Case No.: 2021CA000336
Specifically, I am requesting: Any documentation evidencing when and how Fannie Mae acquired any ownership or interest in the above-referenced mortgage loan;
Copies of all assignments, endorsements, or transfers into or out of Fannie Mae’s name regarding this mortgage; Any records reflecting Fannie Mae’s role as investor, guarantor, or insurer on the loan; Records of communication between Fannie Mae and the servicer, foreclosure counsel, or trustee regarding this loan or property; Any internal records or decision logs involving foreclosure approval, litigation, interpleader status, or post-sale disposition of the property; Any claims made or processed under Fannie Mae’s servicing or investor guidelines related to this property or loan; Documentation supporting or contradicting Fannie Mae’s status as interpleader in connection with the property.
A search of FHFA files and records did not locate any records responsive to your request. While it is true that FHFA is responsible for the supervision, regulation, and oversight of the housing mission of the Federal National Mortgage Association (Fannie Mae), the Federal Home Loan Mortgage Corporation (Freddie Mac), and the Federal Home Loan Bank System, under the FOIA, only “agency records” are subject to disclosure. The FOIA defines “agency records” as records that are (1) either created or obtained by an agency, and (2) under agency control at the time of the FOIA request. See U.S. Dep’t of Justice v. Tax Analysts, 942 U.S. 136, 144 (1989). See also Wolfe v. U.S. Dep’t of Health and Human Servs., 711 F.2d 1077, 1081-82 (D.C. Cir. 1983).
In addition, the purpose of the FOIA is to open the actions of government agencies to public scrutiny, not to reveal the inner workings of private entities. Although they (Freddie Mac, Fannie Mae, and the Federal Home Loan Banks) may have records responsive to your request, FHFA’s role as regulator and temporary conservator does not transform their company records into “agency records” subject to the FOIA. Further, FHFA has no duty under the FOIA to search for or request production of documents in their possession. Nor does the FOIA require them to search for responsive information. See Judicial Watch, Inc. v. Fed. Housing Fin. Agency, 744 F, Supp. 2d 228, 235 (D.D.C. 2010)(quoting Consumer Fed’n of America v. Dep’t of Agric., 455 F.3d 283, 288 (D.C. Cir. 2006))(“[U]se is the decisive factor here.”).
Under the Privacy Act, you are entitled to information that FHFA maintains in a “system of records”, which the Act defines as a group of agency-controlled records from which information is retrieved by a unique identifier. The FHFA does not maintain the requested information in a “system of records,” and therefore does not have records responsive to your request.
This is FHFA’s final decision on your FOIA request. If you wish to appeal any aspect of FHFA’s decision, you must forward within 90 days:
• A copy of your initial request;
• A copy of this letter; and
• A statement of the circumstances, reasons, or arguments for seeking disclosure of the affected record(s).
The appeal must be sent either electronically by 5pm to foia@fhfa.gov or postmarked within 90 days and mail to the “FOIA Appeals Officer” at 400 7th Street, SW, 8th Floor, Washington, DC 20219. The subject line, or the envelope and the letter of appeal, must be clearly marked “FOIA Appeal.” Please note that all mail sent to FHFA via the United States Postal Service is routed through a national irradiation facility, a process that may delay delivery by approximately two weeks. For any time-sensitive correspondence, please plan accordingly.
Additionally, you may seek dispute resolution services from the Office of Government Information Services (OGIS) at the National Archives and Records Administration. OGIS can be reached at 8601 Adelphi Road – OGIS, College Park, Maryland 20740-6001; by email atogis@nara.gov; by telephone at 202-741-5770 or toll free at 1-877-684-6448; or by facsimile at 202-741-5769.
Your FOIA request is releasable to the public under subsequent FOIA requests. In responding to these requests, FHFA does not release personal information, such as home or email addresses, and home or mobile telephone numbers, which are protected from disclosure under FOIA Exemption 6 (5 U.S.C. § 552(b)(6)).
If you have any questions regarding the processing of your request, please contact me directly atstacy.easter@fhfa.gov.
Sincerely,
Stacy J. Easter
Sr. Freedom of Information Act (FOIA)/Privacy Act Officer
FOIA Public Liaison
Federal Housing Finance Agency
400 7th Street, SW | Washington, DC 20219
Phone: 202-649-3803