Mortgage Purchase Contract Template for United States

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Key Requirements PROMPT example:

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."

Document background
The Mortgage Purchase Contract serves as the primary document for transactions involving the sale of mortgage loans in the secondary market. This contract type is essential when financial institutions want to sell their mortgage portfolios to free up capital, manage risk, or comply with regulatory requirements. It includes detailed provisions about the quality of the mortgages, representations about their compliance with applicable laws, and specific requirements for transfer and servicing. The document is particularly relevant in the United States, where it must comply with federal regulations and state-specific requirements. It's commonly used in transactions involving both individual mortgages and mortgage pools.
Suggested Sections

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

Optional Sections

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

Suggested Schedules

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

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 mortgage terms and costs, protecting consumers in credit transactions

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

Home Mortgage Disclosure Act (HMDA): Federal law requiring financial institutions to maintain and annually disclose data about home purchases, improvement loans, and refinancing

Fair Housing Act: Federal law prohibiting discrimination in residential real estate transactions based on race, color, religion, sex, national origin, familial status, or disability

Equal Credit Opportunity Act (ECOA): Federal law ensuring equal access to credit and prohibiting discrimination in credit transactions

Dodd-Frank Wall Street Reform: Comprehensive federal law implementing financial regulatory reform, including mortgage lending practices and consumer protection measures

CFPB Regulations: Regulatory framework established by the Consumer Financial Protection Bureau overseeing consumer financial products and services, including mortgages

Fannie Mae and Freddie Mac Guidelines: Secondary market requirements and standards for mortgage purchases, including loan quality and documentation requirements

FHA Requirements: Federal Housing Administration guidelines for FHA-insured mortgages, including underwriting criteria and property standards

VA Requirements: Department of Veterans Affairs specifications for VA-guaranteed loans, including eligibility criteria and loan terms

State Mortgage Lending Laws: State-specific regulations governing mortgage lending practices, licensing requirements, and consumer protections

State Real Estate Laws: State-level regulations governing real estate transactions, property rights, and transfer of ownership

State Disclosure Requirements: State-mandated disclosures related to property condition, environmental hazards, and transaction terms

UCC Article 3: Uniform Commercial Code provisions governing negotiable instruments, including promissory notes in mortgage transactions

UCC Article 9: Uniform Commercial Code provisions governing secured transactions, including the creation and perfection of security interests in property

Securities Laws: Federal and state regulations governing the securitization of mortgages and their sale as mortgage-backed securities

Anti-Money Laundering Regulations: Federal requirements for preventing, detecting, and reporting potential money laundering activities in real estate transactions

Bank Secrecy Act: Federal law requiring financial institutions to assist government agencies in detecting and preventing money laundering through reporting requirements

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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