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Mortgage Purchase Contract
"I need a Mortgage Purchase Contract for our bank to sell a portfolio of 50 residential mortgages to an institutional investor, with servicing rights retained by us and a planned closing date of March 15, 2025."
1. Parties: Identification of buyer and seller of the mortgage(s)
2. Background: Context of the transaction and relationship between parties
3. Definitions: Key terms used throughout the agreement
4. Purchase and Sale: Core terms of the mortgage purchase including price and quantity
5. Representations and Warranties: Statements of fact about the mortgages and parties
6. Closing Conditions: Requirements that must be met before closing
7. Purchase Price and Payment: Details of consideration and payment mechanics
8. Transfer and Delivery: Process for transferring mortgage documents and rights
9. Covenants: Ongoing obligations of the parties
10. Events of Default: Circumstances constituting default and remedies
11. Term and Termination: Duration of agreement and termination provisions
12. Governing Law: Applicable law and jurisdiction
1. Servicing Rights: Terms regarding mortgage servicing rights if included in sale
2. Interim Servicing: Provisions for servicing during transition period
3. Pool Insurance: Requirements for mortgage insurance
4. Repurchase Obligations: Terms under which seller must repurchase non-compliant mortgages
5. Secondary Market Requirements: Specific requirements for conforming to secondary market standards
1. Schedule A - Mortgage Schedule: Detailed list of mortgages being purchased including principal amounts, interest rates, and other key terms
2. Schedule B - Due Diligence Checklist: Required documentation and verification items for each mortgage
3. Schedule C - Pricing Schedule: Detailed pricing calculations and adjustments
4. Schedule D - Transfer Instructions: Procedures for transferring mortgage documents and records
5. Schedule E - Required Representations: Standard representations required for each mortgage
6. Schedule F - Servicing Transfer Requirements: Specific requirements for transferring servicing rights and responsibilities
Authors
Applicable Law
Assignment of Mortgage
Business Day
Closing Date
Cut-off Date
Default
Due Diligence Review
Effective Date
Eligible Mortgage Loan
Encumbrance
Event of Default
GAAP
Governmental Authority
Interest Rate
Lien
Loan Documents
Loan File
Material Adverse Effect
Mortgage
Mortgage Loan
Mortgage Loan Schedule
Mortgaged Property
Mortgagor
Note
Purchase Price
Purchaser
Purchase Price Percentage
Related Property
Repurchase Price
Seller
Servicing Rights
Servicing Transfer Date
Settlement Date
Title Insurance Policy
Transfer Documents
Underwriting Guidelines
Unpaid Principal Balance
Representations and Warranties
Purchase Price and Payment
Conditions Precedent
Closing Conditions
Due Diligence
Servicing Transfer
Delivery of Documents
Repurchase Obligations
Indemnification
Confidentiality
Record Retention
Compliance with Laws
Assignment and Transfer
Default and Remedies
Notice Requirements
Governing Law
Dispute Resolution
Force Majeure
Severability
Entire Agreement
Amendment and Modification
Counterparts
Further Assurances
Survival
Insurance Requirements
Title and Ownership
Warranties of Title
Documentation Requirements
Fees and Expenses
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