Mortgage Loan Purchase Agreement Template for United States

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Key Requirements PROMPT example:

Mortgage Loan Purchase Agreement

"Need a Mortgage Loan Purchase Agreement for our bank to purchase a portfolio of 250 residential mortgage loans from a regional lender, with servicing transfer to be effective March 1, 2025, and including specific provisions for FHA-insured loans."

Document background
A Mortgage Loan Purchase Agreement is essential when financial institutions wish to buy or sell portfolios of mortgage loans. This document is commonly used in the United States secondary mortgage market, where loans are frequently traded between institutions. The agreement ensures compliance with federal and state regulations while protecting both parties' interests through detailed representations, warranties, and remedies. It typically includes comprehensive information about the loan portfolio, pricing mechanisms, servicing arrangements, and regulatory compliance requirements.
Suggested Sections

1. Parties: Identifies the seller and purchaser of the mortgage loans

2. Background/Recitals: Sets forth the context and purpose of the agreement

3. Definitions: Defines key terms used throughout the agreement

4. Purchase and Sale: Details the terms of the purchase and sale transaction

5. Purchase Price and Payment: Specifies the purchase price and payment mechanisms

6. Representations and Warranties: Lists seller's representations about the loans and compliance with laws

7. Remedies and Indemnification: Details remedies for breach and indemnification obligations

8. Transfer of Servicing: Addresses the transfer of loan servicing rights and obligations

9. Governing Law: Specifies applicable law and jurisdiction

Optional Sections

1. Interim Servicing: Used when seller continues servicing temporarily between sale and servicing transfer

2. Securities Law Compliance: Addresses SEC requirements when loans may be securitized

3. Document Custody: Details document custody arrangements when using third-party document custodian

Suggested Schedules

1. Mortgage Loan Schedule: Detailed list of all loans being purchased

2. Due Diligence Criteria: Specifies review standards for loans

3. Required Documents: Lists required loan documentation

4. Servicing Transfer Instructions: Details process for transferring servicing

5. Purchase Price Calculation: Formula and methodology for price calculation

6. Form of Assignment: Template for loan assignment documents

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Relevant legal definitions
Clauses
Industries

Truth in Lending Act (TILA) and Regulation Z: Federal law that requires lenders to provide standardized disclosures about credit terms and costs, protecting consumers in credit transactions including mortgage loans.

Real Estate Settlement Procedures Act (RESPA) and Regulation X: Federal law governing real estate settlement processes, requiring disclosure of settlement costs and prohibiting kickbacks in real estate transactions.

Home Mortgage Disclosure Act (HMDA): Requires financial institutions to maintain and annually disclose data about home purchases, refinancing and home improvement loans to ensure fair lending practices.

Fair Credit Reporting Act (FCRA): Regulates the collection and use of consumer credit information, ensuring accuracy and privacy of consumer credit reports.

Equal Credit Opportunity Act (ECOA): Prohibits discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or public assistance program participation.

Fair Housing Act: Prohibits discrimination in residential real estate transactions, including mortgage lending, based on protected characteristics.

Dodd-Frank Wall Street Reform: Comprehensive financial reform law that introduced new mortgage lending requirements and created the Consumer Financial Protection Bureau.

State Banking Laws: State-specific regulations governing banking operations and mortgage lending within individual states.

State Consumer Protection Laws: State-level laws protecting consumers in financial transactions, including mortgage lending and real estate purchases.

Uniform Commercial Code (UCC): Standardized state laws governing commercial transactions, including provisions relevant to mortgage loan sales and transfers.

Bank Secrecy Act (BSA): Requires financial institutions to assist government agencies in detecting and preventing money laundering in mortgage transactions.

Anti-Money Laundering (AML) Regulations: Rules requiring financial institutions to verify customer identity and monitor transactions for suspicious activity.

USA PATRIOT Act Requirements: Enhanced due diligence requirements for financial institutions, including customer identification programs and suspicious activity reporting.

State Licensing Requirements: State-specific licensing and registration requirements for mortgage lenders, servicers, and purchasers.

State Usury Laws: State-specific limitations on interest rates and loan charges that can be applied to mortgage loans.

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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