Delivery of Mortgage Loan Documents Regarding Mortgage Loans; Recordation of Assignments of Mortgage. (a) Each Seller shall deliver or cause to be delivered to the Custodian, with respect to each Mortgage Loan sold by such Seller hereunder, on or before the date specified in the related Commitment Letter, each of the following items or documents with respect to each such Mortgage Loan, all at such Seller's expense: (i) With respect to each Mortgage Loan (other than a Cooperative Loan): (1) the original Mortgage Note, endorsed (on the Mortgage Note or an allonge attached thereto) "Pay to the order of _____________ _______________________, without recourse," (or as otherwise specified in the related Commitment Letter), and signed by facsimile signature in the name of such Seller by an authorized officer, with all intervening endorsements showing a complete, valid and proper chain of title from the originator of such Mortgage Loan to such Seller; (2) or a certified copy of the Mortgage Note (endorsed as provided above) together with a lost note affidavit, providing indemnification to the holder thereof for any losses incurred due to the fact that the original Mortgage Note is missing. (B) the original Mortgage, with evidence of recording thereon, (and, in the case of a MOM Loan, with evidence of the MIN); provided that (i) if the original Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located but has not yet been returned to such Seller by such recording office, such Seller shall, no later than 225 days following the related Closing Date, deliver to the Custodian the original of such Mortgage, with evidence of recording thereon, and (ii) if such Mortgage has been lost or if such public recording office retains the original recorded Mortgage, such Seller may deliver or cause to be delivered to the Custodian a photocopy of such Mortgage certified by such public recording office to be a true and complete copy of the original recorded Mortgage; (C) unless such Mortgage Loan is a MERS Loan, the original Assignment of Mortgage, from such Seller signed by original signature of an authorized officer, in blank (or as otherwise specified in the related Commitment Letter), which assignment shall be in form and substance acceptable for recording (except for the insertion of the name of the assignee and the recording information); (D) unless such Mortgage Loan is a MOM Loan, originals of all intervening Assignments of Mortgage, with evidence of recording thereon, showing a complete chain of title from the originator to such Seller (or in the case of a MERS Loan other than a MOM Loan, showing a complete chain of title from the originator to MERS); provided that (i) if any original intervening Assignment of Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located but has not yet been returned to such Seller by such recording office, such Seller shall, no later than 225 days following the related Closing Date, deliver to the Custodian the original of such intervening Assignment of Mortgage, with evidence of recording thereon, and (ii) if such intervening Assignment of Mortgage has been lost or if such public recording office retains the original recorded intervening Assignment of Mortgage, such Seller may deliver or cause to be delivered to the Custodian a photocopy of such intervening Assignment of Mortgage certified by such public recording office to be a true and complete copy of the original recorded intervening Assignment of Mortgage; and (E) originals of all assumption and modification agreements, if any, unless such originals are permanently retained by the applicable recording office (in which event such Seller shall deliver to the Custodian a photocopy of each such original, certified by the applicable public recording office to be a true and complete copy of the original), and an endorsement to the original policy of title insurance extending coverage to the date and time of the recording of any such modification or assumption. (ii) With respect to each Cooperative Loan, as applicable and as required by the applicable laws of the state in which the related Cooperative Agreement is located, copies of: (A) the proprietary lease, (B) the security agreement, (C) the assignment of the proprietary lease, with all intervening assignments showing a complete chain of title and an assignment thereof by such Seller, (D) the original stock certificate evidencing the ownership of the Cooperative Apartment endorsed or accompanied by a stock power relating to such stock certificate executed in blank, (E) a recognition agreement in form approved by Seller's underwriting guidelines, in substantially the same form as the standard "AZTECH" form, (F) copies of the financing statement filed by the applicable Seller as secured party and, if applicable, a filed UCC-3 assignment of the subject security interest showing a complete chain of title, together with an executed UCC-3 Assignment of such security interest by the Seller in a form sufficient for filing, and (G) such other documents as are necessary for the perfection of a lien against the related Coop Ownership Interests under applicable law. (b) In connection with the transfer of any MERS Loan pursuant to Section 2.1 hereof, the Servicer shall cause the MERS(R) System to indicate that such MERS Loan has been assigned to the Purchaser. The Purchaser may, in its discretion, direct the Servicer to deliver for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located, and cause to be duly recorded, any or all of the original Assignments of Mortgage referred to in Section 2.2(a)(i)(C). The Purchaser shall pay all recording fees relating to the recordation of the Assignments of Mortgage from its own funds. If any such Assignment of Mortgage is returned unrecorded to a Seller because of any defect therein, such Seller shall cause such defect to be cured and such Assignment of Mortgage to be recorded in accordance with this Section 2.2 within 30 days after the date on which the rejected document was received by such Seller from the public recording office. (c) Whenever a certified copy of a document certified by a Seller is required to be delivered to the Purchaser pursuant to this Section 2.2, the following form of certification is permitted: "Certified true, correct and complete copy of the original. [Name of Seller], By _________________, Its _________________." (d) Promptly following receipt thereof, but in no event later than 225 days after the related Closing Date, such Seller shall deliver to the Custodian the following documents with respect to each Mortgage Loan included in the Loan Pool purchased on such Closing Date to the extent not previously delivered to the Custodian: (i) the original Mortgage, with evidence of recording thereon, and (ii) unless such Mortgage Loan is a MOM Loan, all original intervening Assignments of Mortgage, with evidence of recording thereon. If any original Mortgage or intervening Assignment of Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the related Mortgaged Property is located and such recording office retains such original document, or if an original Mortgage or intervening Assignment of Mortgage has been lost, then Seller shall deliver to the Custodian in lieu of such original document a photocopy certified by such recording office to be a true and correct copy of such original. In the event that a Seller does not comply with the delivery requirements set forth in this Section 2.2, the related Mortgage Loan shall, upon the request of the Purchaser, be repurchased by such Seller at the Repurchase Price and in the manner specified in Section 3.3(b). Notwithstanding the foregoing, a Seller shall not be deemed to be in breach of this Agreement if such Seller fails to deliver to the Custodian within the time period specified above any of the documents described in this Section 2.2(d) and provides evidence to the Custodian that such failure is due solely to the failure of the applicable recorder's office to return a Collateral Document that was properly submitted for recordation. Such Seller shall use reasonable efforts to obtain such original recorded document or copy of the original showing recording information certified by the appropriate recording office to be a true and complete copy of the recorded original as soon as practicable. (e) If requested by the Purchaser, the Servicer shall, at Purchaser's sole expense, create an imaged copy on CD ROM of the documents contained in the Credit File of any Mortgage Loan and deliver, or cause to be delivered, each such imaged copy to the Custodian or the Purchaser.
Appears in 4 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (Banc of America Funding 2006-5 Trust), Mortgage Loan Purchase and Sale Agreement (Banc of America Funding Corp), Mortgage Loan Purchase and Sale Agreement (Banc of America Funding 2006-6 Trust)
Delivery of Mortgage Loan Documents Regarding Mortgage Loans; Recordation of Assignments of Mortgage. (a) Each On or before the date specified in the related Commitment Letter, each Seller shall deliver or cause to be delivered to the Custodian, at such Seller’s expense, with respect to each Mortgage Loan sold by such Seller hereunder, on or before the date specified in the related Commitment Letter, each of the following items or documents with respect to each such Mortgage Loan, all at such Seller's expense:(unless otherwise agreed by the applicable Seller and the Purchaser):
(i) With respect to each Mortgage Loan (other than a Cooperative Loan):
(1) the original Mortgage Note, endorsed (on the Mortgage Note or an allonge attached thereto) "“Pay to the order of _____________ _______________________, without recourse," ” (or as otherwise specified in the related Commitment Letter), and signed by facsimile signature in the name of such Seller by an authorized officer, with all intervening endorsements showing a complete, valid and proper chain of title from the originator of such Mortgage Loan to such Seller;
(2) or a certified copy of the Mortgage Note (endorsed as provided above) together with a lost note affidavit, providing indemnification to the holder thereof for any losses incurred due to the fact that the original Mortgage Note is missing, together with a copy of the Mortgage Note; provided, however, that unless otherwise specified in the related Commitment Letter or Term Sheet, the aggregate Unpaid Principal Balance of Mortgage Loans in the related Loan Pool as to which lost note affidavits shall be accepted by the Purchaser shall not exceed one percent (1%) of the aggregate Unpaid Principal Balance of all Mortgage Loans in such Loan Pool.
(B) the original Mortgage, with evidence of recording thereon, (and, in the case of a MOM Loan, with evidence of the MIN); provided that (i) if the original Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located but has not yet been returned to such Seller by such recording office, such Seller shall, no later than 225 270 days following the related Closing Date, deliver to the Custodian the original of such Mortgage, with evidence of recording thereon, and (ii) if such Mortgage has been lost or if such public recording office retains the original recorded Mortgage, such Seller may deliver or cause to be delivered to the Custodian a photocopy of such Mortgage certified by such public recording office to be a true and complete copy of the original recorded Mortgage;
(C) unless such Mortgage Loan is a MERS Loan, the original Assignment of Mortgage, from such Seller signed by original signature of an authorized officer, in blank (or as otherwise specified in the related Commitment Letter), which assignment shall be in form and substance acceptable for recording (except for the insertion of the name of the assignee and the recording information);
(D) unless such Mortgage Loan is a MOM Loan, originals of all intervening Assignments of Mortgage, with evidence of recording thereon, showing a complete chain of title from the originator to such Seller (or in the case of a MERS Loan other than a MOM Loan, showing a complete chain of title from the originator to MERS); provided that (i) if any original intervening Assignment of Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located but has not yet been returned to such Seller by such recording office, such Seller shall, no later than 225 270 days following the related Closing Date, deliver to the Custodian the original of such intervening Assignment of Mortgage, with evidence of recording thereon, and (ii) if such intervening Assignment of Mortgage has been lost or if such public recording office retains the original recorded intervening Assignment of Mortgage, such Seller may deliver or cause to be delivered to the Custodian a photocopy of such intervening Assignment of Mortgage certified by such public recording office to be a true and complete copy of the original recorded intervening Assignment of Mortgage; and
(E) originals of all assumption and modification agreements, if any, unless such originals are permanently retained by the applicable recording office unavailable (in which event such Seller shall deliver to the Custodian a photocopy of each such original, certified by the applicable public recording office Seller to be a true and complete copy of the original), and an endorsement to the original policy of title insurance extending coverage to the date and time of the recording of any such modification or assumption.
(ii) With respect to each Cooperative Loan, as applicable and as required by the applicable laws of the state in which the related Cooperative Agreement Apartment is located, copies of: (A) the proprietary lease, (B) the security agreement, (C) the assignment of the proprietary lease, with all intervening assignments showing a complete chain of title and an assignment thereof by such Seller, (D) the original stock certificate evidencing the ownership of the Cooperative Apartment endorsed or accompanied by a stock power relating to such stock certificate executed in blank, (E) a recognition agreement in form approved by Seller's ’s underwriting guidelines, in substantially the same form as the standard "“AZTECH" ” form, (F) copies of the financing statement filed by the applicable Seller as secured party and, if applicable, a filed UCC-3 assignment of the subject security interest showing a complete chain of title, together with an executed UCC-3 Assignment of such security interest by the Seller in a form sufficient for filing, and (G) such other documents as are necessary for the perfection of a lien against the related Coop Ownership Interests under applicable law.
(b) In connection with the transfer of any MERS Loan pursuant to Section 2.1 hereof, the Servicer shall cause the MERS(R) MERS® System to indicate that such MERS Loan has been assigned to the Purchaser. The Purchaser may, in its discretion, direct the Servicer to deliver for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located, and cause to be duly recorded, any or all of the original Assignments of Mortgage referred to in Section 2.2(a)(i)(C). The Purchaser Seller shall pay all recording fees relating to the recordation of the Assignments of Mortgage from its own funds. If any such Assignment of Mortgage is returned unrecorded to a Seller because of any defect therein, such Seller shall cause such defect to be cured and such Assignment of Mortgage to be recorded in accordance with this Section 2.2 within 30 days after the date on which the rejected document was received by such Seller from the public recording office.
(c) Whenever a certified copy of a document certified by a Seller is required to be delivered to the Purchaser pursuant to this Section 2.2, the following form of certification is permitted: "“Certified true, correct and complete copy of the original. [Name of Seller], By _________________, Its _________________."”
(d) Promptly following receipt thereof, but in no event later than 225 270 days after the related Closing Date, such Seller shall deliver to the Custodian the following documents with respect to each Mortgage Loan included in the Loan Pool purchased on such Closing Date to the extent not previously delivered to the Custodian: (i) the original Mortgage, with evidence of recording thereon, and (ii) unless such Mortgage Loan is a MOM Loan, all original intervening Assignments of Mortgage, with evidence of recording thereonthereon and (iii) if a lost note affidavit was previously delivered without a copy of the related Mortgage Note, a copy of such Mortgage Note. If any original Mortgage or intervening Assignment of Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the related Mortgaged Property is located and such recording office retains such original document, or if an original Mortgage or intervening Assignment of Mortgage has been lost, then Seller shall deliver to the Custodian in lieu of such original document a photocopy certified by such recording office to be a true and correct copy of such original. In the event that a Seller does not comply with the delivery requirements set forth in this Section 2.2, the related Mortgage Loan shall, upon the request of the Purchaser, be repurchased by such Seller at the Repurchase Price and in the manner specified in Section 3.3(b). Notwithstanding the foregoing, a Seller shall not be deemed to be in breach of this Agreement if such Seller fails to deliver to the Custodian within the time period specified above any of the documents described in this Section 2.2(d) and provides evidence to the Custodian that such failure is due solely to the failure of the applicable recorder's ’s office to return a Collateral Document that was properly submitted for recordation. Such Seller shall use reasonable efforts to obtain such original recorded document or copy of the original showing recording information certified by the appropriate recording office to be a true and complete copy of the recorded original as soon as practicable.
(e) If requested by the Purchaser, the Servicer shall, at Purchaser's ’s sole expense, create a xeroxed copy or an imaged copy on CD ROM of the documents contained in the Credit File of any Mortgage Loan and deliver, or cause to be delivered, each such xeroxed copy or, through an electronic medium, each such imaged copy to the Custodian or the Purchaser.
Appears in 2 contracts
Samples: Mortgage Loan Purchase and Sale Agreement (GSR Mortgage Loan Trust 2007-3f), Mortgage Loan Purchase and Sale Agreement (GSR Mortgage Loan Trust 2006-9f)
Delivery of Mortgage Loan Documents Regarding Mortgage Loans; Recordation of Assignments of Mortgage. (a) Each Seller shall deliver or cause to be delivered to the Custodian, with respect to each Mortgage Loan sold by such Seller hereunder, on On or before the date specified in the related Commitment Letter, the Company shall deliver or cause to be delivered to the Purchaser or its designee, at the Company's expense, with respect to each Mortgage Loan sold by the Company hereunder, each of the following items or documents with respect to each such Mortgage Loan, all at such Seller's expense:(unless otherwise agreed by the Company and the Purchaser):
(i) With respect to each Mortgage Loan (other than a Cooperative Loan):
(1) the original Mortgage Note, endorsed (on the Mortgage Note or an allonge attached thereto) "Pay to the order of _____________ _______________________, without recourse," (or as otherwise specified in the related Commitment Letter), and signed by facsimile signature in the name of such Seller the Company by an authorized officer, with all intervening endorsements showing a complete, valid and proper chain of title from the originator of such Mortgage Loan to such Seller;the Company; or
(2) or a certified copy of the Mortgage Note (endorsed as provided above) Note, together with a lost note affidavit, providing indemnification to the holder thereof for any losses incurred due to the fact that the original Mortgage Note is missing.;
(B) the original Mortgage, with evidence of recording thereon, (and, in the case of a MOM Loan, with evidence of the MIN); provided that (i) if the original Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located but has not yet been returned to such Seller the Company by such recording office, such Seller the Company shall, no later than 225 270 days following the related Closing Date, deliver to the Custodian the original of such Mortgage, with evidence of recording thereon, and (ii) if such Mortgage has been lost or if such public recording office retains the original recorded Mortgage, such Seller the Company may deliver or cause to be delivered to the Custodian a photocopy of such Mortgage certified by the Company or such public recording office to be a true and complete copy of the original recorded Mortgage;
(C) unless such Mortgage Loan is a MERS Loan, the original Assignment of Mortgage, from such Seller the Company signed by original signature of an authorized officer, in blank (or as otherwise specified in the related Commitment Letter), which assignment shall be in form and substance acceptable for recording (except for the insertion of the name of the assignee and the recording information);
(D) unless such Mortgage Loan is a MOM Loan, originals of all intervening Assignments of Mortgage, with evidence of recording thereon, showing a complete chain of title from the originator to such Seller the Company (or in the case of a MERS Loan other than a MOM Loan, showing a complete chain of title from the originator to MERS); provided that (i1) if any original intervening Assignment of Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located but has not yet been returned to such Seller the Company by such recording office, such Seller the Company shall, no later than 225 270 days following the related Closing Date, deliver to the Custodian the original of such intervening Assignment of Mortgage, with evidence of recording thereon, and (ii2) if such intervening Assignment of Mortgage has been lost or if such public recording office retains the original recorded intervening Assignment of Mortgage, such Seller the Company may deliver or cause to be delivered to the Custodian a photocopy of such intervening Assignment of Mortgage certified by such public recording office to be a true and complete copy of the original recorded intervening Assignment of Mortgage; and
(E) originals of all assumption and modification agreements, if any, unless such originals are permanently retained by the applicable recording office unavailable (in which event such Seller the Company shall deliver to the Custodian a photocopy of each such original, certified by the applicable public recording office Company to be a true and complete copy of the original), and an endorsement to the original policy of title insurance extending coverage to the date and time of the recording of any such modification or assumption.
(ii) With respect to each Cooperative Loan, as applicable and as required by the applicable laws of the state in which the related Cooperative Agreement Apartment is located, copies of: (A) the proprietary lease, (B) the security agreement, (C) the assignment of the proprietary lease, with all intervening assignments showing a complete chain of title and an assignment thereof by such Sellerthe Company, (D) the original stock certificate evidencing the ownership of the Cooperative Apartment endorsed or accompanied by a stock power relating to such stock certificate executed in blank, (E) a recognition agreement in form approved by Sellerthe Company's underwriting guidelines, in substantially the same form as the standard "AZTECH" form, (F) copies of the financing statement filed by the applicable Seller Company as secured party and, if applicable, a filed UCC-3 assignment of the subject security interest showing a complete chain of title, together with an executed UCC-3 Assignment of such security interest by the Seller Company in a form sufficient for filing, and (G) such other documents as are necessary for the perfection of a lien against the related Coop Ownership Interests Interest under applicable law.
(b) In connection with the transfer of any MERS Loan pursuant to Section 2.1 hereof, the Servicer shall cause the MERS(R) System to indicate that such MERS Loan has been assigned to the Purchaser. The Purchaser may, in its discretion, direct the Servicer to deliver for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located, and cause to be duly recorded, any or all of the original Assignments of Mortgage referred to in Section 2.2(a)(i)(C). The Purchaser shall pay all recording fees relating to the recordation of the Assignments of Mortgage from its own funds. If any such Assignment of Mortgage is returned unrecorded to a Seller because of any defect therein, such Seller shall cause such defect to be cured and such Assignment of Mortgage to be recorded in accordance with this Section 2.2 within 30 days after the date on which the rejected document was received by such Seller from the public recording office.
(c) Whenever a certified copy of a document certified by a Seller the Company is required to be delivered to the Purchaser pursuant to this Section 2.2, the following form of certification is permitted: "Certified true, correct and complete copy of the original. [Name of Seller]Washington Mutual Mortgage Securities Corp., By _________________, Its _________________."
(d) Promptly following receipt thereof, but in no event later than 225 days after the related Closing Date, such Seller shall deliver to the Custodian the following documents with respect to each Mortgage Loan included in the Loan Pool purchased on such Closing Date to the extent not previously delivered to the Custodian: (i) the original Mortgage, with evidence of recording thereon, and (ii) unless such Mortgage Loan is a MOM Loan, all original intervening Assignments of Mortgage, with evidence of recording thereon. If any original Mortgage or intervening Assignment of Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the related Mortgaged Property is located and such recording office retains such original document, or if an original Mortgage or intervening Assignment of Mortgage has been lost, then Seller shall deliver to the Custodian in lieu of such original document a photocopy certified by such recording office to be a true and correct copy of such original. In the event that a Seller the Company does not comply with the delivery requirements set forth in this Section 2.22.2 and such noncompliance materially and adversely affects the Purchaser's interest in the Mortgage Loan, the Purchaser shall notify the Company of such noncompliance, and the Company shall correct or cure the related omission or defect within sixty (60) days of the receipt of such notice. If the Company does not correct or cure such omission or defect within such period, then the Company shall purchase such Mortgage Loan shall, upon from the request Purchaser within ten (10) days after the expiration of the Purchaser, be repurchased by such Seller sixty-day period at the Repurchase Price and in the manner specified in Section 3.3(b). Notwithstanding the foregoing, a Seller the Company shall not be deemed to be in breach of this Agreement if such Seller the Company fails to deliver to the Custodian within the time period specified above any of the documents described in this Section 2.2(d) 2.2 and provides evidence to the Custodian that such failure is due solely to the failure of the applicable recorder's office to return a any document in the Collateral Document File that was properly submitted for recordation. Such Seller The Company shall use reasonable efforts to obtain such original recorded document or copy of the original showing recording information certified by the appropriate recording office to be a true and complete copy of the recorded original as soon as practicable.
(e) If requested by the Purchaser, the Servicer shall, at Purchaser's sole expense, create an imaged copy on CD ROM of the documents contained in the Credit File of any Mortgage Loan and deliver, or cause to be delivered, each such imaged copy to the Custodian or the Purchaser.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Sale Agreement (Luminent Mortgage Trust 2007-1)
Delivery of Mortgage Loan Documents Regarding Mortgage Loans; Recordation of Assignments of Mortgage. (a) Each On or before the date specified in the related Commitment Letter, each Seller shall deliver or cause to be delivered to the Custodian, at such Seller’s expense, with respect to each Mortgage Loan sold by such Seller hereunder, on or before the date specified in the related Commitment Letter, each of the following items or documents with respect to each such Mortgage Loan, all at such Seller's expense:(unless otherwise agreed by the applicable Seller and the Purchaser):
(i) With respect to each Mortgage Loan (other than a Cooperative Loan):
(1) the original Mortgage Note, endorsed (on the Mortgage Note or an allonge attached thereto) "“Pay to the order of _____________ _______________________, without recourse," ” (or as otherwise specified in the related Commitment Letter), and signed by facsimile signature in the name of such Seller by an authorized officer, with all intervening endorsements showing a complete, valid and proper chain of title from the originator of such Mortgage Loan to such Seller;
(2) or a certified copy of the Mortgage Note (endorsed as provided above) together with a lost note affidavit, providing indemnification to the holder thereof for any losses incurred due to the fact that the original Mortgage Note is missing, together with a copy of the Mortgage Note.
(B) the original Mortgage, with evidence of recording thereon, (and, in the case of a MOM Loan, with evidence of the MIN); provided that (i) if the original Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located but has not yet been returned to such Seller by such recording office, such Seller shall, no later than 225 270 days following the related Closing Date, deliver to the Custodian the original of such Mortgage, with evidence of recording thereon, and (ii) if such Mortgage has been lost or if such public recording office retains the original recorded Mortgage, such Seller may deliver or cause to be delivered to the Custodian a photocopy of such Mortgage certified by such public recording office to be a true and complete copy of the original recorded Mortgage;
(C) unless such Mortgage Loan is a MERS Loan, the original Assignment of Mortgage, from such Seller signed by original signature of an authorized officer, in blank (or as otherwise specified in the related Commitment Letter), which assignment shall be in form and substance acceptable for recording (except for the insertion of the name of the assignee and the recording information);
(D) unless such Mortgage Loan is a MOM Loan, originals of all intervening Assignments of Mortgage, with evidence of recording thereon, showing a complete chain of title from the originator to such Seller (or in the case of a MERS Loan other than a MOM Loan, showing a complete chain of title from the originator to MERS); provided that (i) if any original intervening Assignment of Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located but has not yet been returned to such Seller by such recording office, such Seller shall, no later than 225 270 days following the related Closing Date, deliver to the Custodian the original of such intervening Assignment of Mortgage, with evidence of recording thereon, and (ii) if such intervening Assignment of Mortgage has been lost or if such public recording office retains the original recorded intervening Assignment of Mortgage, such Seller may deliver or cause to be delivered to the Custodian a photocopy of such intervening Assignment of Mortgage certified by such public recording office to be a true and complete copy of the original recorded intervening Assignment of Mortgage; and
(E) originals of all assumption and modification agreements, if any, unless such originals are permanently retained by the applicable recording office unavailable (in which event such Seller shall deliver to the Custodian a photocopy of each such original, certified by the applicable public recording office Seller to be a true and complete copy of the original), and an endorsement to the original policy of title insurance extending coverage to the date and time of the recording of any such modification or assumption.
(ii) With respect to each Cooperative Loan, as applicable and as required by the applicable laws of the state in which the related Cooperative Agreement Apartment is located, copies of: (A) the proprietary lease, (B) the security agreement, (C) the assignment of the proprietary lease, with all intervening assignments showing a complete chain of title and an assignment thereof by such Seller, (D) the original stock certificate evidencing the ownership of the Cooperative Apartment endorsed or accompanied by a stock power relating to such stock certificate executed in blank, (E) a recognition agreement in form approved by Seller's ’s underwriting guidelines, in substantially the same form as the standard "“AZTECH" ” form, (F) copies of the financing statement filed by the applicable Seller as secured party and, if applicable, a filed UCC-3 assignment of the subject security interest showing a complete chain of title, together with an executed UCC-3 Assignment of such security interest by the Seller in a form sufficient for filing, and (G) such other documents as are necessary for the perfection of a lien against the related Coop Ownership Interests under applicable law.
(b) In connection with the transfer of any MERS Loan pursuant to Section 2.1 hereof, the Servicer shall cause the MERS(R) MERS® System to indicate that such MERS Loan has been assigned to the Purchaser. The Purchaser may, in its discretion, direct the Servicer to deliver for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located, and cause to be duly recorded, any or all of the original Assignments of Mortgage referred to in Section 2.2(a)(i)(C). The Purchaser shall pay all recording fees relating to the recordation of the Assignments of Mortgage from its own funds. If any such Assignment of Mortgage is returned unrecorded to a Seller because of any defect therein, such Seller shall cause such defect to be cured and such Assignment of Mortgage to be recorded in accordance with this Section 2.2 within 30 days after the date on which the rejected document was received by such Seller from the public recording office.
(c) Whenever a certified copy of a document certified by a Seller is required to be delivered to the Purchaser pursuant to this Section 2.2, the following form of certification is permitted: "“Certified true, correct and complete copy of the original. [Name of Seller], By _________________, Its _________________."”
(d) Promptly following receipt thereof, but in no event later than 225 270 days after the related Closing Date, such Seller shall deliver to the Custodian the following documents with respect to each Mortgage Loan included in the Loan Pool purchased on such Closing Date to the extent not previously delivered to the Custodian: (i) the original Mortgage, with evidence of recording thereon, and (ii) unless such Mortgage Loan is a MOM Loan, all original intervening Assignments of Mortgage, with evidence of recording thereonthereon and (iii) if a lost note affidavit was previously delivered without a copy of the related Mortgage Note, a copy of such Mortgage Note. If any original Mortgage or intervening Assignment of Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the related Mortgaged Property is located and such recording office retains such original document, or if an original Mortgage or intervening Assignment of Mortgage has been lost, then the applicable Seller shall deliver to the Custodian in lieu of such original document a photocopy certified by such recording office to be a true and correct copy of such original. In the event that a Seller does not comply with the delivery requirements set forth in this Section 2.2, the related Mortgage Loan shall, upon the request of the Purchaser, be repurchased by such Seller at the Repurchase Price and in the manner specified in Section 3.3(b). Notwithstanding the foregoing, a Seller shall not be deemed to be in breach of this Agreement if such Seller fails to deliver to the Custodian within the time period specified above any of the documents described in this Section 2.2(d) and provides evidence to the Custodian that such failure is due solely to the failure of the applicable recorder's ’s office to return a Collateral Document that was properly submitted for recordation. Such Seller shall use reasonable efforts to obtain such original recorded document or copy of the original showing recording information certified by the appropriate recording office to be a true and complete copy of the recorded original as soon as practicable.
(e) If requested by the Purchaser, the Servicer shall, at Purchaser's ’s sole expense, create a xeroxed copy or an imaged copy on CD ROM of the documents contained in the Credit File of any Mortgage Loan and deliver, or cause to be delivered, each such xeroxed copy or, through an electronic medium, each such imaged copy to the Custodian or the Purchaser.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Sale Agreement (Citigroup Mortgage Loan Trust Inc., Series 2006-Ar2)
Delivery of Mortgage Loan Documents Regarding Mortgage Loans; Recordation of Assignments of Mortgage. (a) Each On or before the date specified in the related Commitment Letter, each Seller shall deliver or cause to be delivered to the Custodian, at such Seller’s expense, with respect to each Mortgage Loan sold by such Seller hereunder, on or before the date specified in the related Commitment Letter, each of the following items or documents with respect to each such Mortgage Loan, all at such Seller's expense:(unless otherwise agreed by the applicable Seller and the Purchaser):
(i) With respect to each Mortgage Loan (other than a Cooperative Loan):
(1) the original Mortgage Note, endorsed (on the Mortgage Note or an allonge attached thereto) "“Pay to the order of _____________ _______________________, without recourse," ” (or as otherwise specified in the related Commitment Letter), and signed by facsimile signature in the name of such Seller by an authorized officer, with all intervening endorsements showing a complete, valid and proper chain of title from the originator of such Mortgage Loan to such Seller;
(2) or a certified copy of the Mortgage Note (endorsed as provided above) together with a lost note affidavit, providing indemnification to the holder thereof for any losses incurred due to the fact that the original Mortgage Note is missing, together with a copy of the Mortgage Note.
(B) the original Mortgage, with evidence of recording thereon, (and, in the case of a MOM Loan, with evidence of the MIN); provided that (i) if the original Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located but has not yet been returned to such Seller by such recording office, such Seller shall, no later than 225 180 days following the related Closing Date, deliver to the Custodian the original of such Mortgage, with evidence of recording thereon, and (ii) if such Mortgage has been lost or if such public recording office retains the original recorded Mortgage, such Seller may deliver or cause to be delivered to the Custodian a photocopy of such Mortgage certified by such public recording office to be a true and complete copy of the original recorded Mortgage;
(C) unless such Mortgage Loan is a MERS Loan, the original Assignment of Mortgage, from such Seller signed by original signature of an authorized officer, in blank (or as otherwise specified in the related Commitment Letter), which assignment shall be in form and substance acceptable for recording (except for the insertion of the name of the assignee and the recording information);
(D) unless such Mortgage Loan is a MOM Loan, originals of all intervening Assignments of Mortgage, with evidence of recording thereon, showing a complete chain of title from the originator to such Seller (or in the case of a MERS Loan other than a MOM Loan, showing a complete chain of title from the originator to MERS); provided that (i) if any original intervening Assignment of Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located but has not yet been returned to such Seller by such recording office, such Seller shall, no later than 225 180 days following the related Closing Date, deliver to the Custodian the original of such intervening Assignment of Mortgage, with evidence of recording thereon, and (ii) if such intervening Assignment of Mortgage has been lost or if such public recording office retains the original recorded intervening Assignment of Mortgage, such Seller may deliver or cause to be delivered to the Custodian a photocopy of such intervening Assignment of Mortgage certified by such public recording office to be a true and complete copy of the original recorded intervening Assignment of Mortgage; and
(E) originals of all assumption and modification agreements, if any, unless such originals are permanently retained by the applicable recording office unavailable (in which event such Seller shall deliver to the Custodian a photocopy of each such original, certified by the applicable public recording office Seller to be a true and complete copy of the original), and an endorsement to the original policy of title insurance extending coverage to the date and time of the recording of any such modification or assumption.
(ii) With respect to each Cooperative Loan, as applicable and as required by the applicable laws of the state in which the related Cooperative Agreement Apartment is located, copies of: (A) the proprietary lease, (B) the security agreement, (C) the assignment of the proprietary lease, with all intervening assignments showing a complete chain of title and an assignment thereof by such Seller, (D) the original stock certificate evidencing the ownership of the Cooperative Apartment endorsed or accompanied by a stock power relating to such stock certificate executed in blank, (E) a recognition agreement in form approved by Seller's ’s underwriting guidelines, in substantially the same form as the standard "“AZTECH" ” form, (F) copies of the financing statement filed by the applicable Seller as secured party and, if applicable, a filed UCC-3 assignment of the subject security interest showing a complete chain of title, together with an executed UCC-3 Assignment of such security interest by the Seller in a form sufficient for filing, and (G) such other documents as are necessary for the perfection of a lien against the related Coop Ownership Interests under applicable law.
(b) In connection with the transfer of any MERS Loan pursuant to Section 2.1 hereof, the Servicer shall cause the MERS(R) MERS® System to indicate that such MERS Loan has been assigned to the Purchaser. The Purchaser may, in its discretion, direct the Servicer to deliver for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located, and cause to be duly recorded, any or all of the original Assignments of Mortgage referred to in Section 2.2(a)(i)(C). The Purchaser Seller shall pay all recording fees relating to the recordation of the Assignments of Mortgage from its own funds. If any such Assignment of Mortgage is returned unrecorded to a Seller because of any defect therein, such Seller shall cause such defect to be cured and such Assignment of Mortgage to be recorded in accordance with this Section 2.2 within 30 days after the date on which the rejected document was received by such Seller from the public recording office.
(c) Whenever a certified copy of a document certified by a Seller is required to be delivered to the Purchaser pursuant to this Section 2.2, the following form of certification is permitted: "“Certified true, correct and complete copy of the original. [Name of Seller], By _________________, Its _________________."”
(d) Promptly following receipt thereof, but in no event later than 225 180 days after the related Closing Date, such Seller shall deliver to the Custodian the following documents with respect to each Mortgage Loan included in the Loan Pool purchased on such Closing Date to the extent not previously delivered to the Custodian: (i) the original Mortgage, with evidence of recording thereon, and (ii) unless such Mortgage Loan is a MOM Loan, all original intervening Assignments of Mortgage, with evidence of recording thereonthereon and (iii) if a lost note affidavit was previously delivered without a copy of the related Mortgage Note, a copy of such Mortgage Note. If any original Mortgage or intervening Assignment of Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the related Mortgaged Property is located and such recording office retains such original document, or if an original Mortgage or intervening Assignment of Mortgage has been lost, then Seller shall deliver to the Custodian in lieu of such original document a photocopy certified by such recording office to be a true and correct copy of such original. In the event that a Seller does not comply with the delivery requirements set forth in this Section 2.2, the related Mortgage Loan shall, upon the request of the Purchaser, be repurchased by such Seller at the Repurchase Price and in the manner specified in Section 3.3(b). Notwithstanding the foregoing, a Seller shall not be deemed to be in breach of this Agreement if such Seller fails to deliver to the Custodian within the time period specified above any of the documents described in this Section 2.2(d) and provides evidence to the Custodian that such failure is due solely to the failure of the applicable recorder's ’s office to return a Collateral Document that was properly submitted for recordation. Such Seller shall use reasonable efforts to obtain such original recorded document or copy of the original showing recording information certified by the appropriate recording office to be a true and complete copy of the recorded original as soon as practicable.
(e) If requested by the Purchaser, the Servicer shall, at Purchaser's ’s sole expense, create a xeroxed copy or an imaged copy on CD ROM of the documents contained in the Credit File of any Mortgage Loan and deliver, or cause to be delivered, each such xeroxed copy or, through an electronic medium, each such imaged copy to the Custodian or the Purchaser.
Appears in 1 contract
Delivery of Mortgage Loan Documents Regarding Mortgage Loans; Recordation of Assignments of Mortgage. (a) Each On or before the date specified in the related Commitment Letter, the Seller shall deliver or cause to be delivered to the Custodian, at the Seller’s expense, with respect to each Mortgage Loan sold by such the Seller hereunder, on or before the date specified in the related Commitment Letter, each of the following items or documents with respect to each such Mortgage Loan, all at such Seller's expense:
(i) With respect to each Mortgage Loan (other than a Cooperative Loanunless otherwise agreed by the Seller and the Purchaser):
(1A) the original Mortgage Note, endorsed (on the Mortgage Note or an allonge attached thereto) "“Pay to the order of _____________ _______________________, without recourse," ” (or as otherwise specified in the related Commitment Letter), and signed by facsimile signature in the name of such the Seller by an authorized officer, with all intervening endorsements showing a complete, valid and proper chain of title from the originator of such Mortgage Loan to such the Seller;
(2B) or a certified copy of the Mortgage Note (endorsed as provided above) together with a lost note affidavit, providing indemnification to the holder thereof for any losses incurred due to the fact that the original Mortgage Note is missing, together with a copy of the Mortgage Note.
(Bii) the original Mortgage, with evidence of recording thereon, (and, in the case of a MOM Loan, with evidence of the MIN); provided that (ix) if the original Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located but has not yet been returned to such the Seller by such recording office, such the Seller shall, no later than 225 270 days following the related Closing Date, deliver to the Custodian the original of such Mortgage, with evidence of recording thereon, and (iiy) if such Mortgage has been lost or if such public recording office retains the original recorded Mortgage, such the Seller may deliver or cause to be delivered to the Custodian a photocopy of such Mortgage certified by the Seller or such public recording office to be a true and complete copy of the original recorded Mortgage;
(Ciii) unless such Mortgage Loan is a MERS Loan, the original Assignment of Mortgage, from such the Seller signed by original signature of an authorized officer, in blank (or as otherwise specified in the related Commitment Letter), which assignment shall be in form and substance acceptable for recording (except for the insertion of the name of the assignee and the recording information);
(Div) unless such Mortgage Loan is a MOM Loan, originals of all intervening Assignments of Mortgage, with evidence of recording thereon, showing a complete chain of title from the originator to such Seller (or in the case of a MERS Loan other than a MOM Loan, showing a complete chain of title from the originator to MERS)Seller; provided that (ix) if any original intervening Assignment of Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located but has not yet been returned to such the Seller by such recording office, such the Seller shall, no later than 225 270 days following the related Closing Date, deliver to the Custodian the original of such intervening Assignment of Mortgage, with evidence of recording thereon, and (iiy) if such intervening Assignment of Mortgage has been lost or if such public recording office retains the original recorded intervening Assignment of Mortgage, such the Seller may deliver or cause to be delivered to the Custodian a photocopy of such intervening Assignment of Mortgage certified by the Seller or such public recording office to be a true and complete copy of the original recorded intervening Assignment of Mortgage; and;
(Ev) originals of all assumption and modification agreements, if any, unless such originals are permanently retained by the applicable recording office unavailable (in which event such the Seller shall deliver to the Custodian a photocopy of each such original, certified by the applicable Seller to be a true and complete copy of the original);
(vi) the policy of title insurance; provided that if the related title insurer has not issued or delivered the final policy of title insurance to the Seller, the Seller shall (x) provide an original or copy of the related preliminary title commitment, and (y) no later than 270 days following the related Closing Date, deliver to the Custodian the related policy of title insurance; and
(vii) the original or a copy, certified by the appropriate recording office, of the recorded power of attorney, if the Mortgage was executed pursuant to a power of attorney, with evidence of recording thereon; provided that (x) if the original power of attorney has been delivered for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located but has not yet been returned to the Seller by such recording office, the Seller shall, no later than 270 days following the related Closing Date, deliver to the Custodian the original of such power of attorney, with evidence of recording thereon, or a photocopy of such power of attorney certified by the Seller or such public recording office to be a true and complete copy of the original), and an endorsement to the original policy recorded power of title insurance extending coverage to the date and time of the recording of any such modification or assumption.
(ii) With respect to each Cooperative Loan, as applicable and as required by the applicable laws of the state in which the related Cooperative Agreement is located, copies of: (A) the proprietary lease, (B) the security agreement, (C) the assignment of the proprietary lease, with all intervening assignments showing a complete chain of title and an assignment thereof by such Seller, (D) the original stock certificate evidencing the ownership of the Cooperative Apartment endorsed or accompanied by a stock power relating to such stock certificate executed in blank, (E) a recognition agreement in form approved by Seller's underwriting guidelines, in substantially the same form as the standard "AZTECH" form, (F) copies of the financing statement filed by the applicable Seller as secured party and, if applicable, a filed UCC-3 assignment of the subject security interest showing a complete chain of title, together with an executed UCC-3 Assignment of such security interest by the Seller in a form sufficient for filing, and (G) such other documents as are necessary for the perfection of a lien against the related Coop Ownership Interests under applicable lawattorney.
(b) In connection with the transfer of any MERS Loan pursuant to Section 2.1 hereof, the Servicer shall cause the MERS(R) System to indicate that such MERS Loan has been assigned to the Purchaser. The Purchaser may, in its discretion, direct the Servicer to deliver for recording to the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located, and cause to be duly recorded, any or all of the original Assignments of Mortgage referred to in Section 2.2(a)(i)(C2.2(a)(iii). The Purchaser Seller shall pay all recording fees relating to the recordation of the Assignments of Mortgage from its own funds. If any such Assignment of Mortgage is returned unrecorded to a the Seller because of any defect therein, such the Seller shall cause such defect to be cured and such Assignment of Mortgage to be recorded in accordance with this Section 2.2 within 30 days after the date on which the rejected document was received by such the Seller from the public recording office.
(c) Whenever a certified copy of a document certified by a the Seller is required to be delivered to the Purchaser pursuant to this Section 2.2, the following form of certification is permitted: "“Certified true, correct and complete copy of the original. [Name of Seller]Long Beach Mortgage Company, By _________________, Its _________________."”
(d) Promptly following receipt thereof, but in no event later than 225 270 days after the related Closing Date, such the Seller shall deliver to the Custodian the following documents with respect to each Mortgage Loan included in the Loan Pool purchased on such Closing Date to the extent not previously delivered to the Custodian: (i) the original Mortgage, with evidence of recording thereon, and (ii) unless such Mortgage Loan is a MOM Loan, all original intervening Assignments of Mortgage, with evidence of recording thereon, (iii) if a lost note affidavit was previously delivered without a copy of the related Mortgage Note, a copy of such Mortgage Note, (iv) the policy of title insurance and (v) the original or a copy of the power of attorney, if applicable. If any original Mortgage or intervening Assignment of Mortgage has been delivered for recording to the appropriate public recording office of the jurisdiction in which the related Mortgaged Property is located and such recording office retains such original document, or if an original Mortgage or intervening Assignment of Mortgage has been lost, then the Seller shall deliver to the Custodian in lieu of such original document a photocopy certified by the Seller or such recording office to be a true and correct copy of such original. In the event that a the Seller does not comply with the delivery requirements set forth in this Section 2.2, the related Mortgage Loan shall, upon the request of the Purchaser, be repurchased by such the Seller at the Repurchase Price and in the manner specified in Section 3.3(b). Notwithstanding the foregoing, a the Seller shall not be deemed to be in breach of this Agreement if such the Seller fails to deliver to the Custodian within the time period specified above any of the documents described in this Section 2.2(d) and provides evidence to the Custodian that such failure is due solely to the failure of the applicable recorder's ’s office to return a Collateral Document that was properly submitted for recordationrecordation or is due solely to the failure of the applicable title insurer to issue or return the related policy of title insurance, unless the Seller fails to deliver such documents within 365 days from the related Closing Date. Such The Seller shall use reasonable efforts to obtain such original recorded document or copy of the original showing recording information certified by the Seller or the appropriate recording office to be a true and complete copy of the recorded original as soon as practicable.
(e) If requested by the Purchaser, the Servicer shall, at Purchaser's ’s sole expense, create a photocopy or an imaged copy on CD ROM of the documents contained in the Credit File of any Mortgage Loan and deliver, or cause to be delivered, each such photocopy or, through an electronic medium, each such imaged copy to the Custodian or the Purchaser.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (GSAMP Trust 2005-S2)