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Home Loan Purchase Agreement
"Need a Home Loan Purchase Agreement for the sale of a portfolio of 50 residential mortgages from First National Bank to Venture Capital Partners, with servicing rights to be retained by the seller and closing scheduled for March 15, 2025."
1. Parties: Identification of buyer and seller of the loan, including legal status and addresses
2. Background: Context of the transaction, including original loan details and reason for sale
3. Definitions: Key terms used throughout the agreement including regulatory definitions and transaction-specific terms
4. Purchase and Sale: Core transaction terms including purchase price, payment terms, and transfer of ownership
5. Representations and Warranties: Seller's statements about the loan quality, compliance with laws, and loan characteristics
6. Closing Conditions: Requirements to be met before closing including regulatory compliance and documentation
7. Transfer and Delivery: Process for transferring loan documents, servicing rights, and required notifications
8. Indemnification: Provisions for compensating parties for losses due to breaches or non-compliance
9. Term and Termination: Duration of agreement and circumstances allowing early termination
1. Servicing Transfer Provisions: Detailed terms for transfer of loan servicing rights and responsibilities
2. Interim Servicing: Requirements for servicing the loan between agreement execution and closing
3. Put-Back Rights: Terms under which buyer can require seller to repurchase non-compliant loans
4. Post-Closing Obligations: Ongoing responsibilities of parties after closing, including document delivery and corrections
1. Schedule A - Loan Schedule: Detailed list of loans being sold including key characteristics and payment history
2. Schedule B - Due Diligence Findings: Results of loan file review and compliance checks
3. Schedule C - Required Documentation: Comprehensive list of required documents for each loan file
4. Schedule D - Servicing Transfer Instructions: Detailed procedures and timeline for transferring loan servicing
5. Schedule E - Form of Assignment: Template for formal assignment documentation for each loan
6. Schedule F - Compliance Certifications: Required regulatory and compliance certifications
Authors
Applicable Law
Assignment
Borrower
Business Day
Closing Date
Cut-off Date
Due Diligence Review
Effective Date
Eligible Loan
Encumbrance
Event of Default
GAAP
Governmental Authority
Loan Documents
Loan File
Loan Schedule
Material Adverse Effect
Mortgage
Mortgage Interest Rate
Mortgage Loan
Mortgaged Property
Note
Purchase Price
Purchased Loans
Purchaser
Related Security
Repurchase Price
Representatives
Security Interest
Seller
Servicing Rights
Servicing Transfer Date
Transfer Documents
Transfer Instructions
Underlying Documents
Unpaid Principal Balance
Warranties and Representations
Consideration
Representations and Warranties
Transfer and Delivery
Conditions Precedent
Closing Conditions
Due Diligence
Servicing Transfer
Repurchase Obligations
Indemnification
Confidentiality
Record Retention
Notices
Compliance with Laws
Assignment and Delegation
Governing Law
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Amendment and Modification
Counterparts
Further Assurances
Survival
Expenses
Default and Remedies
Term and Termination
Insurance Requirements
Records and Reports
Regulatory Compliance
Data Protection
File Transfer Requirements
Quality Control
Audit Rights
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