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Mortgage Loan Purchase And Sale Agreement
"I need a Mortgage Loan Purchase And Sale Agreement for a portfolio of 200 residential mortgages being sold from First National Bank to Capital Investment Trust, with strict compliance requirements for FHA loans and specific provisions for MERS-registered loans to be completed by March 2025."
1. Parties: Identification of seller and purchaser of mortgage loans
2. Background: Context of the transaction and relationship between parties
3. Definitions: Key terms used throughout the agreement including loan-specific terminology
4. Purchase and Sale: Core transaction terms including price, delivery, and transfer mechanics
5. Representations and Warranties: Statements about loan quality, ownership, compliance with laws, and loan characteristics
6. Purchase Price and Payment Terms: Detailed pricing structure, payment mechanics, and adjustments
7. Closing Conditions: Requirements for completing the transaction including documentation requirements
8. Remedies and Indemnification: Rights and obligations if loans fail to meet requirements, including repurchase provisions
9. Term and Termination: Duration of agreement and circumstances for early termination
10. Governing Law and Jurisdiction: Applicable law and dispute resolution provisions
1. Interim Servicing: Terms for servicing between agreement and closing dates
2. MERS Provisions: Requirements for MERS-registered loans and transfer procedures
3. Securitization Rights: Terms regarding future securitization of the purchased loans
4. Post-Closing Obligations: Ongoing obligations after the closing date including reporting requirements
5. Servicing Transfer Provisions: Terms governing the transfer of servicing rights and responsibilities
1. Schedule A - Mortgage Loan Schedule: Detailed list of all loans being sold including key characteristics and data fields
2. Schedule B - Due Diligence Criteria: Standards and procedures for loan review and acceptance
3. Schedule C - Required Documents: Comprehensive list of required loan documentation and delivery requirements
4. Schedule D - Purchase Price Calculation: Detailed methodology for calculating purchase price including any adjustments
5. Schedule E - Form of Assignment: Template for loan assignment documentation and transfer instruments
6. Schedule F - Representations and Warranties: Detailed loan-level representations and warranties
Authors
Applicable Law
Assignment of Mortgage
Business Day
Closing Date
Cut-off Date
Defaulted Loan
Due Diligence Review
Effective Date
Eligible Loan
Escrow Account
Escrow Payments
Event of Default
FDIC
FHA
FNMA
FHLMC
Governmental Authority
HUD
Interest Rate
Loan Documents
Loan File
Loan Schedule
Material Adverse Effect
MERS
MERS Loan
Mortgage
Mortgage Loan
Mortgaged Property
Mortgagor
Note
Purchase Price
Purchase Price Percentage
Purchaser
Qualified Mortgage
Recording Documents
Related Documents
Repurchase Price
Seller
Servicer
Servicing Rights
Settlement Date
Transfer Date
Transfer Documents
Underwriting Guidelines
VA
Purchase Price and Payment
Delivery and Transfer
Representations and Warranties
Conditions Precedent
Due Diligence
Servicing Transfer
Repurchase Obligations
Indemnification
Remedies
Records and Documentation
Compliance with Laws
Confidentiality
Privacy and Data Protection
Assignment and Delegation
Notices
Governing Law
Dispute Resolution
Force Majeure
Survival
Severability
Entire Agreement
Amendment and Modification
Counterparts
Electronic Signatures
Further Assurances
Expenses
Term and Termination
Recourse
Cooperation
Insurance
Regulatory Compliance
MERS Provisions
Interim Servicing
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