Common use of Collection Practices; Escrow Deposits Clause in Contracts

Collection Practices; Escrow Deposits. The origination practices used with respect to the Mortgage Loan were consistent with the Seller's usual and customary origination practices, the Seller's underwriting guidelines as described in the Prospectus and in all respects in compliance with all applicable laws and regulations. The servicing and collection practices used with respect to the Mortgage Loan have been consistent with the servicing standard set forth in Section 3.01 of the Pooling and Servicing Agreement and in all respects in compliance with all applicable laws and regulations. The Mortgage Loan has been serviced by the Seller and any predecessor servicer in accordance with the terms of the Mortgage Note. With respect to each Mortgage Loan for which funds are escrowed with the Seller for the payment of taxes and/or insurance, (A) with respect to escrow deposits and Escrow Payments, all such payments are in the possession of the Seller and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made, (B) all Escrow Payments have been collected in full compliance with state and federal law, (C) an escrow of funds is not prohibited by applicable law and has been established in an amount sufficient to pay for every item which remains unpaid and which has been assessed but is not yet due and payable and (D) no escrow deposits or Escrow Payments or other charges or payments due the Seller have been capitalized under the Mortgage or the Mortgage Note and no such escrow deposits or Escrow Payments are being held by the Seller for any work on a Mortgaged Property which has not been completed.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc. Mortgage Pass-Through Certificates, Series 2004-Ncm1), Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc Series 2004-Ncm2)

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Collection Practices; Escrow Deposits. The origination practices used with respect to the Mortgage Loan were consistent with the Seller's usual and customary origination practices, the Seller's underwriting guidelines as described in the Prospectus and in all respects in compliance with all applicable laws and regulations. The servicing and -------------------------------------- collection practices used with respect to the Mortgage Loan have been consistent with the servicing standard set forth in Section 3.01 of the Pooling and Servicing Agreement and in all respects in compliance with all Accepted Servicing Practices, applicable laws and regulations. The Mortgage Loan has , and have been serviced by the Seller in all respects legal and any predecessor servicer in accordance with the terms of the Mortgage Noteproper. With respect to each Mortgage Loan for which funds are escrowed with the Seller for the payment of taxes and/or insurance, (A) with respect to escrow deposits and Escrow Payments, to the extent such Escrow Payments are not collected by the mortgagee or its designee under the First Lien, all such payments are in the possession of of, or under control of, the Seller and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made, (B) all . All Escrow Payments have been collected in full compliance with state and federal law, (C) an . An escrow of funds is not prohibited by applicable law and and, to the extent such Escrow Payments are not collected by the mortgagee or its designee under the First Lien, has been established in an amount sufficient to pay for every item which that remains unpaid and which has been assessed but is not yet due and payable and (D) no payable. No escrow deposits or Escrow Payments or other charges or payments due the Seller have been capitalized under the Mortgage or the Mortgage Note Note. Any interest required to be paid pursuant to state and no such escrow deposits or Escrow Payments are being held by the Seller for any work on a Mortgaged Property which local law has not been completed.properly paid and credited;

Appears in 1 contract

Samples: Master Repurchase Agreement (Preferred Credit Corp)

Collection Practices; Escrow Deposits. The origination practices used with respect to the Mortgage Loan were consistent with the Seller's usual and customary origination practices, the Seller's underwriting guidelines as described in the Prospectus and in all respects in compliance with all applicable laws and regulations. The servicing and ------------------------------------- collection practices used with respect to the Mortgage Loan have been consistent with the servicing standard set forth in Section 3.01 of the Pooling and Servicing Agreement and in all respects in compliance with all Accepted Servicing Practices, applicable laws and regulations. The Mortgage Loan has , and have been serviced by the Seller in all respects legal and any predecessor servicer in accordance proper and consistent with the terms industry standards for mortgage loans of the same type as the Mortgage NoteLoan. With respect to each Mortgage Loan for which funds are escrowed with the Seller for the payment of taxes and/or insurance, (A) with respect to escrow deposits and Escrow Payments, if any, in the case of Second Lien Mortgage Loans to the extent such Escrow Payments are not collected by the mortgagee or its designee under the First Lien, all such payments are in the possession of of, or under control of, the Seller Borrower and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. All Escrow Payments, (B) all Escrow Payments if any, have been collected in full compliance with state and federal law, (C) an . An escrow of funds is not prohibited by applicable law and and, to the extent such Escrow Payments are not collected by the mortgagee or its designee under the First Lien, any escrow that has been established is in an amount sufficient to pay for every item which that remains unpaid and which has been assessed but is not yet due and payable and (D) no payable. No escrow deposits or Escrow Payments or other charges or payments due the Seller Borrower have been capitalized under the Mortgage or the Mortgage Note Note. Any interest required to be paid pursuant to state and no such escrow deposits or Escrow Payments are being held by the Seller for any work on a Mortgaged Property which local law has not been completed.properly paid and credited;

Appears in 1 contract

Samples: New Century Financial Corp

Collection Practices; Escrow Deposits. The origination and ------------------------------------- collection practices used with respect to by the originator, each servicer of the Mortgage Loan were consistent with and the Seller's usual and customary origination practices, the Seller's underwriting guidelines as described in the Prospectus and in all respects in compliance with all applicable laws and regulations. The servicing and collection practices used Borrower with respect to the Mortgage Loan have been consistent with the servicing standard set forth in Section 3.01 of the Pooling and Servicing Agreement and in all respects in compliance with all Accepted Servicing Practices, applicable laws and regulations. The Mortgage Loan has , and have been serviced by the Seller in all respects legal and any predecessor servicer in accordance proper and consistent with the terms industry standards for mortgage loans of the same type as the Mortgage NoteLoan. With respect to each Mortgage Loan for which funds are escrowed with the Seller for the payment of taxes and/or insurance, (A) with respect to escrow deposits and Escrow Payments, if any, in the case of Second Lien Mortgage Loans to the extent such Escrow Payments are not collected by the mortgagee or its designee under the First Lien, all such payments are in the possession of of, or under control of, the Seller Borrower and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. All Escrow Payments, (B) all Escrow Payments if any, have been collected in full compliance with state and federal law, (C) an . An escrow of funds is not prohibited by applicable law and and, to the extent such Escrow Payments are not collected by the mortgagee or its designee under the First Lien, any escrow that has been established is in an amount sufficient to pay for every item which that remains unpaid and which has been assessed but is not yet due and payable and (D) no payable. No escrow deposits or Escrow Payments or other charges or payments due the Seller Borrower have been capitalized under the Mortgage or the Mortgage Note Note. Any interest required to be paid pursuant to state and no such escrow deposits or Escrow Payments are being held by the Seller for any work on a Mortgaged Property which local law has not been completed.properly paid and credited;

Appears in 1 contract

Samples: And Security Agreement (New Century Financial Corp)

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Collection Practices; Escrow Deposits. The origination practices used with respect to the Mortgage Loan were consistent with the Seller's usual and customary origination practicesorigination, the Seller's underwriting guidelines as described in the Prospectus and in all respects in compliance with all applicable laws and regulations. The ------------------------------------- servicing and collection practices used with respect to the Mortgage Loan have been consistent with the servicing standard set forth in Section 3.01 of the Pooling and Servicing Agreement and in all respects in compliance with all Accepted Servicing Practices, applicable laws and regulations. The Mortgage Loan has , and have been serviced by the Seller in all respects legal and any predecessor servicer in accordance with the terms of the Mortgage Noteproper. With respect to each Mortgage Loan for which funds are escrowed with the Seller for the payment of taxes and/or insurance, (A) with respect to escrow deposits and Escrow Payments, to the extent such Escrow Payments are not collected by the mortgagee or its designee under the First Lien, all such payments are in the possession of of, or under control of, the Seller Company and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made, (B) all . All Escrow Payments have been collected in full compliance with state and federal law, (C) an . An escrow of funds is not prohibited by applicable law and and, to the extent such Escrow Payments are not collected by the mortgagee or its designee under the First Lien, has been established in an amount sufficient to pay for every item which that remains unpaid and which has been assessed but is not yet due and payable and (D) no payable. No escrow deposits or Escrow Payments or other charges or payments due the Seller Company have been capitalized under the Mortgage or the Mortgage Note Note. Any interest required to be paid pursuant to state and no such escrow deposits or Escrow Payments are being held by the Seller for any work on a Mortgaged Property which local law has not been completed.properly paid and credited;

Appears in 1 contract

Samples: Assignment and Assumption Agreement (Preferred Credit Corp)

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