Common use of Misapplied Payments Clause in Contracts

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v) Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 34 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. IXIS Real Estate Capital Trust 2007-He1), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2007-1), Pooling and Servicing Agreement (MSAC Trust 2006-He3)

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Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the such Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v) Any check issued under the provisions of this Section 8(h11.22(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 28 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)

Misapplied Payments. Misapplied payments shall be processed as follows: (i1) All parties shall cooperate in correcting misapplication errors; (ii2) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the related Transfer Date shall immediately notify the other party; (iii3) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv4) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v5) Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 25 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He6), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He6)

Misapplied Payments. Misapplied payments shall be processed as follows: (i1) All parties shall cooperate in correcting misapplication errors; (ii2) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the such Transfer Date shall immediately notify the other party; (iii3) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall or the Seller shall cause the Originator to be liable for the amount of such shortage. The Seller shall or the Seller shall cause the Originator to reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv4) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v5) Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 16 contracts

Samples: Mortgage Loan Purchase Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2007-Nc1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-Nc3)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the such Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v) Any check issued under the provisions of this Section 8(hSubsection 11.23(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 16 contracts

Samples: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-12), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the related Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, and such misapplied payment was the Seller direct result of the Servicer’s error, the Servicer shall be liable for the amount of such shortage. The Seller In such case, the Servicer shall reimburse the Purchaser Owner for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the PurchaserOwner; (iv) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balancebalance and such misapplied payment was the direct result of the Servicer’s error, a check shall be issued to the party shorted by the improper payment application within five thirty (530) Business Days days after notice thereof by the other party; and (v) Any check issued under the provisions of this Section 8(h6.02(j) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Owner Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 14 contracts

Samples: Flow Servicing Agreement (Pennymac Financial Services, Inc.), Flow Servicing Agreement (Pennymac Financial Services, Inc.), Flow Servicing Agreement (Pennymac Financial Services, Inc.)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Outbound Transfer Date and discovered after the related Outbound Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the related Outbound Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, and such misapplied payment was the Seller direct result of the Servicer’s error, the Servicer shall be liable for the amount of such shortage. The Seller In such case, the Servicer shall reimburse the Purchaser Owner for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the PurchaserOwner; (iv) If a misapplied payment which occurred prior to the related Outbound Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balancebalance and such misapplied payment was the direct result of the Servicer’s error, a check shall be issued to the party shorted by the improper payment application within five thirty (530) Business Days days after notice thereof by the other party; and (v) Any check issued under the provisions of this Section 8(h8.02(j) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Owner Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 14 contracts

Samples: Flow Servicing Agreement (PennyMac Mortgage Investment Trust), Flow Servicing Agreement (PennyMac Financial Services, Inc.), Flow Servicing Agreement (PennyMac Financial Services, Inc.)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Accountshortage, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five seven (57) Business Days after notice thereof by the other party; and (v) Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 11 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-11ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v) Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.;

Appears in 10 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc Trust 2003-He2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He6), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2007-1)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the such Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred received prior to the related Transfer Date cannot be identified and said such misapplied payment has resulted in a shortage in a Custodial Collection Account or Escrow Account, the Seller Servicer shall be liable for the amount of such shortage. The Seller Servicer shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred received prior to the related Transfer Date has created an improper Purchase Price caused the payment to be incorrectly calculated as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v1) Any check issued under the provisions of this Section 8(h5.20(8) shall be accompanied by a statement indicating the corresponding Seller and/or Servicer, the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 7 contracts

Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-12xs), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-2), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-7)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) 1. All parties shall cooperate in correcting misapplication errors; (ii) 2. The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the related Transfer Date shall immediately notify the other party; (iii) 3. If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall cause the Interim Servicer to be liable for the amount of such shortage. The Seller shall cause the Interim Servicer to reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) 4. If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v) 5. Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller and Interim Servicer and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He8), Pooling and Servicing Agreement (GSAMP Trust 2006-He3)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) 1. All parties shall cooperate in correcting misapplication errors; (ii) 2. The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the related Transfer Date shall immediately notify the other party; (iii) 3. If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) 4. If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v) 5. Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 5 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the such Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller Company shall be liable for the amount of such shortage. The Seller Company shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v) Any check issued under the provisions of this Section 8(h4.21(h) shall be accompanied by a statement indicating the corresponding Seller Company and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 4 contracts

Samples: Master Seller's Warranties and Servicing Agreement (Banc of America Funding 2006-2 Trust), Master Seller's Warranties and Servicing Agreement (Banc of America Funding 2006-3 Trust), Warranties and Servicing Agreement (Banc of America Funding 2007-a Trust)

Misapplied Payments. Misapplied payments shall be processed as follows: (i1) All parties shall cooperate in correcting misapplication errors; (ii2) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the related Transfer Date shall immediately notify the other party; (iii3) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv4) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v5) Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-Fm2), Pooling and Servicing Agreement (Gsaa Home Equity Trust 2004-5), Mortgage Loan Purchase and Warranties Agreement (ABFC 2006-Opt1 Trust)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Accountshortage, the Seller Sellers shall be liable for the amount of such shortage. The Seller Sellers shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five seven (57) Business Days after notice thereof by the other party; and (v) Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust Series 2005-3), Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2007-2), Pooling and Servicing Agreement (Morgan Stanley Abs Capital I Inc)

Misapplied Payments. Misapplied payments shall be processed as follows: (i1) All parties shall cooperate in correcting misapplication errors; (ii2) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the such Transfer Date shall immediately notify the other party; (iii3) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller Company shall be liable for the amount of such shortage. The Seller Company shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv4) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price caused the purchase price to be incorrectly calculated as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v5) Any check issued under the provisions of this Section 8(h4.21(H) shall be accompanied by a statement indicating the corresponding Seller Company and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 3 contracts

Samples: Master Seller’s Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Master Seller’s Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Master Seller’s Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the such Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v) Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 3 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley Home Equity Loan Trust 2007-1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He2)

Misapplied Payments. Misapplied payments shall be processed as follows: (i1) All parties shall cooperate in correcting misapplication errors; (ii2) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the Transfer Date shall immediately notify the other party; (iii3) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall, or shall cause the Servicer to, reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv4) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v5) Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-Wmc1), Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Cert Ser 2002-Wmc1)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the related Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and; (v) Any check issued under the provisions of this Section 8(h5(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 2 contracts

Samples: Mortgage Loan Purchase Agreement (Sasco 2006-Bc3), Mortgage Loan Purchase Agreement (Structured Asset Securities Corp Mor Pas THR Cer Ser 2002-8a)

Misapplied Payments. Misapplied payments shall be processed as follows: (i1) All parties shall cooperate in correcting misapplication errors; (ii2) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the related Transfer Date shall immediately notify the other party; (iii3) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv4) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five seven (57) Business Days after notice thereof by the other party; and (v5) Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Pooling and Servicing Agreement (GSAMP Trust 2006-He8)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Termination Date and discovered after the Transfer Termination Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the Transfer Termination Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller Servicer shall be liable for the amount of such shortage. The Seller Servicer shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the Transfer Termination Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and; (v) Any check issued under the provisions of this Section 8(h7(h) shall be accompanied by a statement indicating the corresponding Seller Servicer and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 2 contracts

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2003 Bc1), Servicing Agreement (Structured Asset Sec Corp Mort Pass THR Cert Ser 2002 Hf1)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the related Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, and such misapplied payment was the Seller direct result of the Servicer's error, the Servicer shall be liable for the amount of such shortage. The Seller In such case, the Servicer shall reimburse the Purchaser Owner for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the PurchaserOwner; (iv) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balancebalance and such misapplied payment was the direct result of the Servicer's error, a check shall be issued to the party shorted by the improper payment application within five thirty (530) Business Days days after notice thereof by the other party; and (v) Any check issued under the provisions of this Section 8(h6.02(j) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Owner Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 2 contracts

Samples: Trust Agreement (GSAA Home Equity 2005-12), Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-4)

Misapplied Payments. Misapplied payments (including without limitation payments returned for insufficient funds) on Mortgage Loans shall be processed as follows: : (i) All all parties shall cooperate in correcting misapplication errors; ; (ii) The the party receiving notice of a misapplied payment occurring prior to the applicable Servicing Transfer Date and discovered after the Servicing Transfer Date shall immediately notify the other party; ; (iii) If if a misapplied payment which occurred prior to the Servicing Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account custodial account or Escrow Accountescrow account, the Seller shall be liable for the amount of such shortage. The ; the Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) calendar days after the receipt of written demand therefor thereof from the Purchaser; ; (iv) If if a misapplied payment which occurred prior to the Servicing Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, the party with notice of such misapplied payment shall promptly inform the other party and a wire transfer or check shall be issued to the party shorted by the improper payment application within five ten (510) Business Days after notice thereof by the other party; and and (v) Any any wire transfer or check issued under the provisions of this Section 8(h) paragraph shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such paymentspayments or by fax.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2006-Am1)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors;. (ii) The party receiving notice of a misapplied payment occurring prior to the applicable Servicing Transfer Date and discovered after the Servicing Transfer Date shall immediately notify the other party;. (iii) If a misapplied payment which occurred prior to the Servicing Transfer Date cannot be identified and said misapplied payment has resulted in a any shortage in a Custodial Account or Escrow Accountof payments to the Purchaser, the Seller replaced Servicer shall be liable for the amount of such shortage. The Seller replaced Servicer shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) . If a misapplied payment which occurred prior to the Servicing Transfer Date has created an improper Purchase Price as the result resulted in any overage of an inaccurate outstanding principal balance, a check shall be issued payments to the party shorted by Purchaser, the improper payment application Purchaser shall return the amount of such overage to the replaced Servicer within five thirty (530) Business Days days after notice thereof by receipt of written demand therefor from the other party; andreplaced Servicer. (viv) Any check issued under the provisions of this Section 8(h) 10.8 shall be accompanied by a statement indicating the corresponding Seller replaced Servicer and/or the Purchaser Mortgage Loan Purchaser, Receivable identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Sale and Servicing Agreement (Consumer Portfolio Services Inc)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Outbound Transfer Date and discovered after the related Outbound Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the related Outbound Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, and such misapplied payment was the Seller direct result of the Servicer’s error, the Servicer shall NY1 8630204v.6 be liable for the amount of such shortage. The Seller In such case, the Servicer shall reimburse the Purchaser Owner for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the PurchaserOwner; (iv) If a misapplied payment which occurred prior to the related Outbound Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balancebalance and such misapplied payment was the direct result of the Servicer’s error, a check shall be issued to the party shorted by the improper payment application within five thirty (530) Business Days days after notice thereof by the other party; and (v) Any check issued under the provisions of this Section 8(h8.02(j) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Owner Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Flow Servicing Agreement (PennyMac Mortgage Investment Trust)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the related Transfer Date shall immediately promptly notify the other party; (iii) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and; (v) Any check issued under the provisions of this Section 8(h5(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Servicing Agreement (Structured Asset Sec Corp Mort Pas THR Certs Ser 2001 19)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the related Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Accountany accounts established for the purpose of depositing payments with respect to the Mortgage Loans, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty ([30) ] days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the related Transfer Date has created an improper incorrect Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted disadvantaged by the improper incorrect payment application within [five (5) Business Days )] business days after notice thereof therefor by the other party; and (v) Any check issued under the provisions of this Section 8(h) Exhibit 7 shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Assignment, Assumption and Recognition Agreement (Sg Mortgage Securities Trust 2006-Fre2)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) 1. All parties shall cooperate in correcting misapplication errors; (ii) 2. The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the such Transfer Date shall immediately notify the other party; (iii) 3. If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller Interim Servicer shall be liable for the amount of such shortage. The Seller Interim Servicer shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) 4. If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price caused the purchase price to be incorrectly calculated as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v) 5. Any check issued under the provisions of this Section 8(h2.21(H) shall be accompanied by a statement indicating the corresponding Seller Interim Servicer and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Interim Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar)

Misapplied Payments. Misapplied payments on Mortgage Loans shall be processed as follows: : (i) All all parties shall cooperate in correcting misapplication errors; ; (ii) The the party receiving notice of a misapplied payment occurring prior to the applicable Servicing Transfer Date and discovered after the Servicing Transfer Date shall immediately notify the other party; ; (iii) If if a misapplied payment which occurred prior to the Servicing Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller Servicer shall be liable for the amount of such shortage. The Seller Servicer shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; ; (iv) If if a misapplied payment which occurred prior to the Servicing Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, the party with notice of such misapplied payment shall promptly inform the other party and a wire transfer or a check shall be issued to the party shorted by the improper payment application within five ten (510) Business Days after notice thereof by the other party; and and (v) Any any wire transfer or check issued under the provisions of this Section 8(h7.01(g) shall be accompanied by a statement indicating the corresponding Seller Servicer and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.;

Appears in 1 contract

Samples: Purchase Agreement (Terwin Securitization LLC)

Misapplied Payments. Misapplied payments shall be processed as follows: (i1) All parties shall cooperate in correcting misapplication errors; (ii2) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the Transfer Date shall immediately notify the other party; (iii3) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv4) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v5) Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Trust Agreement (GSAA Home Equity 2005-12)

Misapplied Payments. Misapplied Any payments from Mortgagors that are incorrectly applied prior to the Cut-off Date shall be processed as follows: (i) All the parties shall cooperate in correcting misapplication errors; ; (ii) The the party receiving notice of a misapplied payment occurring prior to the applicable Transfer Cut-off Date and discovered after the Transfer Cut-off Date shall immediately promptly notify the other party; party and shall accompany such notification with the original of the applicable canceled check or similar supporting documentation (unless the other party is the party that has access to such documentation); (iii) If if a misapplied payment which occurred prior to the Transfer Cut-off Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial an Escrow Account or Escrow Accountrelating to any Mortgage Loan, the Seller shall be liable for the amount of such shortage. The shortage and Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) five business days after receipt of a written demand therefor from the Purchaser; demand; and (iv) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v) Any any check issued under the provisions of this Section 8(h) 4.5 shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Purchase Agreement (Firstplus Financial Group Inc)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors;. (ii) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the Transfer Date shall immediately notify the other party;. (iii) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser;. (iv) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and. Whichever party discovers the misapplied payment will notify the other and the parties will then comply promptly with this paragraph. (v) Any check issued under the provisions of this Section 8(hSubsection 11.27(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Mortgage Loan Sale and Interim Servicing Agreement (Jpmac 2006-Fre2)

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Misapplied Payments. Misapplied payments on Mortgage Loans shall be processed as follows: : (i) All all parties shall cooperate in correcting misapplication errors; ; (ii) The the party receiving notice of a misapplied payment occurring prior to the applicable related Servicing Transfer Date and discovered after the related Servicing Transfer Date shall immediately notify the other party; ; (iii) If if a misapplied payment which occurred prior to the related Servicing Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller Company shall be liable for the amount of such shortage. The Seller ; the Company shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after the receipt of written demand therefor thereof from the Purchaser; ; (iv) If if a misapplied payment which occurred prior to the related Servicing Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, the party with notice of such misapplied payment shall promptly inform the other party and a wire transfer or check shall be issued to the party shorted by the improper payment application within five ten (510) Business Days after notice thereof by the other party; and and (v) Any any wire transfer or check issued under the provisions of this Section 8(h7.01(g) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Company Mortgage Loan identification number and an explanation of the allocation of any such paymentspayments or by fax.

Appears in 1 contract

Samples: Flow Sale and Interim Servicing Agreement (ABFC 2006-He1 Trust)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All The parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said such misapplied payment has resulted in a shortage in a Custodial Account an Escrow (or Escrow other) Account, the balances of which are being transferred to the Purchaser, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty five (305) days Business Days after receipt of written demand therefor and evidence supporting such misapplied payment from the Purchaser;: (iv) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted adversely affected by the improper payment application within five (5) Business Days after notice thereof by the other party; and; (v) Any check issued under the provisions of this Section 8(h2.08(b) shall be accompanied by a statement indicating the corresponding Seller and/or and the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Purchase Agreement (Crescent Banking Co)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the Transfer Date or NSF check from a Mortgagor has created an improper Purchase Price as the result of an inaccurate outstanding principal balancebalance on a Mortgage Loan as of the Cut-off Date or an excessive distribution to the Purchaser at any time following the Cut-off Date, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v) Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Flow Mortgage Loan Purchase and Warranties Agreement (GSAA Home Equity Trust 2006-2)

Misapplied Payments. Misapplied payments shall be processed as follows: (ia) All Both parties shall cooperate in correcting misapplication errors;. (iib) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the Transfer Date shall immediately notify the other party;. (iiic) If a misapplied payment which occurred prior to the Transfer Date cannot be identified located by either party and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow AccountMortgage Loan account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser;. (ivd) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five ten (510) Business Days after notice thereof by the other party; and. (ve) Any check issued under the provisions of this Section 8(h) 7.8 shall be accompanied by a statement indicating the purpose of the check, the Borrower and Mortgaged Property address involved, and the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such paymentsaccount number.

Appears in 1 contract

Samples: Mortgage Servicing Purchase and Sale Agreement (Source One Mortgage Services Corp)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All The parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said such misapplied payment has resulted in a shortage in a Custodial an Escrow (or other) Account or Escrow Accountthe balances of which are being transferred to the Purchaser, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty five (305) days Business Days after receipt of written demand therefor and evidence supporting the misapplied payment from the Purchaser; (iv) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted adversely affected by the improper payment application within five (5) Business Days after notice thereof by the other party; and; (v) Any check issued under the provisions of this Section 8(h2.07(h) shall be accompanied by a statement indicating the corresponding Seller and/or and the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Purchase Agreement (Crescent Banking Co)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All The parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said such misapplied payment has resulted in a shortage in a Custodial Account an Escrow (or Escrow other) Account, the balances of which are being transferred to the Purchaser, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty five (305) days Business Days after receipt of written demand therefor and evidence supporting the misapplied payment from the Purchaser; (iv) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted adversely affected by the improper payment application within five (5) Business Days after notice thereof by the other party; and. Whichever party discovers the misapplied payment will notify the other and the parties will then comply promptly with this paragraph; (v) Any check issued under the provisions of this Section 8(h2.03(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Purchaser’s Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Purchase Agreement (Crescent Banking Co)

Misapplied Payments. Misapplied payments (including payments returned for insufficient funds) on any of the CSCs or Leases shall be processed as follows: : (i) All all parties shall cooperate in correcting misapplication errors; ; (ii) The the party receiving notice of a misapplied payment occurring prior to the applicable Transfer First Closing Date and discovered after the Transfer First Closing Date shall immediately notify the other party; ; (iii) If if a misapplied payment which occurred occurring prior to the Transfer First Closing Date cannot be identified and said such misapplied payment has resulted in a shortage in a Custodial Account custodial account or Escrow Accountescrow account, the Seller shall be liable for the amount of such shortage. The shortage and Seller shall reimburse the Purchaser for the amount of such shortage within thirty twenty (3020) days Business Days after the receipt of written demand therefor from the Purchaser; ; (iv) If if a misapplied payment which that occurred prior to the Transfer First Closing Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balanceNet Portfolio Value, the party with notice of such misapplied payment shall promptly inform the other party and a wire transfer or check shall be issued to the party shorted adversely affected by the improper payment application within five ten (510) Business Days after notice thereof by the other party; and and (v) Any any wire transfer or check issued under the provisions of this Section 8(h) 7.01 shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Asset Purchase Agreement (Irwin Financial Corp)

Misapplied Payments. Misapplied payments shall be processed as follows: (iA) All parties shall cooperate in correcting misapplication errors;. (iiB) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the Transfer Date shall immediately notify the other party;. (iiiC) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser;. (ivD) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and. Whichever party discovers the misapplied payment will notify the other and the parties will then comply promptly with this paragraph. (vE) Any check issued under the provisions of this Section 8(hSubsection 7.06(i) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Mortgage Loan Sale Agreement (J.P. Morgan Alternative Loan Trust 2007-A1)

Misapplied Payments. Misapplied payments shall be processed as follows: (iA) All parties shall cooperate in correcting misapplication errors; (iiB) The party receiving notice of a misapplied payment occurring prior to the applicable Servicing Transfer Date and discovered after the Servicing Transfer Date shall immediately notify the other party; (iiiC) If a misapplied payment which occurred after the Cut-off Date but prior to the Servicing Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account custodial account or Escrow AccountBalance, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty ten (3010) days Business Days after receipt of written demand therefor from the Purchaser; (ivD) If a misapplied payment which occurred prior to the Servicing Transfer Date has created an improper incorrect Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted disadvantaged by the improper incorrect payment application within five ten (510) Business Days after notice thereof therefor by the other party; and (vE) Any check issued under the provisions of this Section 8(h) hereunder shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan Asset identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Asset Purchase Agreement (First Financial Holdings Inc /De/)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the related Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller Interim Servicer shall be liable for the amount of such shortage. The Seller Interim Servicer shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and; (v) Any check issued under the provisions of this Section 8(h6.03(h) shall be accompanied by a statement indicating the corresponding Seller Interim Servicer and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Master Interim Servicing Agreement (Structured Asset Sec Corp Mor Pass Thru Cer Ser 2002-10h)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) 1. All parties shall cooperate in correcting misapplication errors; (ii) 2. The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the related Transfer Date shall immediately notify the other partyparty within sixty (60) days of the Transfer Date. The Sellers shall not be responsible for investigating, or liable for, any immaterial misapplied payment discovered after sixty (60) days after the Transfer Date; (iii) 3. If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the each Seller shall be be, jointly and severally, liable for the amount of such shortage. The Seller Sellers shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) 4. If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v) 5. Any check issued under the provisions of this Section 8(h) shall be accompanied by a statement indicating the corresponding Seller or Sellers and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (GSAMP Trust 2006-He4)

Misapplied Payments. Misapplied payments on Mortgage Loans shall be processed as follows: : (i) All all parties shall cooperate in correcting misapplication errors; ; (ii) The the party receiving notice of a misapplied payment occurring prior to the applicable Servicing Transfer Date and discovered after the Servicing Transfer Date shall immediately notify the other party; ; (iii) If if a misapplied payment which occurred prior to the Servicing Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller Company shall be liable for the amount of such shortage. The Seller ; the Company shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after the receipt of written demand therefor thereof from the Purchaser; ; (iv) If if a misapplied payment which occurred prior to the Servicing Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, the party with notice of such misapplied payment shall promptly inform the other party and a wire transfer or check shall be issued to the party shorted by the improper payment application within five ten (510) Business Days after notice thereof by the other party; and and (v) Any any wire transfer or check issued under the provisions of this Section 8(h7.01(g) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such paymentspayments or by fax.

Appears in 1 contract

Samples: Mortgage Loan Flow Purchase, Sale and Servicing Agreement (SunTrust Real Estate Trust, LLC)

Misapplied Payments. Misapplied payments shall be processed as follows: (iA) All parties shall cooperate in correcting misapplication errors; (iiB) The party receiving notice of a misapplied payment occurring prior to the applicable Servicing Transfer Date and discovered after the Servicing Transfer Date shall immediately notify the other party; (iiiC) If a misapplied payment which that occurred after the Cut-off Date but prior to the Servicing Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account custodial account or Escrow AccountBalance, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty ten (3010) days Business Days after receipt of written demand therefor from the Purchaser; (ivD) If a misapplied payment which that occurred prior to the Servicing Transfer Date has created an improper incorrect Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted disadvantaged by the improper incorrect payment application within five ten (510) Business Days after notice thereof therefor by the other party; and (vE) Any check issued under the provisions of this Section 8(h) hereunder shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan Asset identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Asset Purchase Agreement (United Community Financial Corp)

Misapplied Payments. Misapplied payments (including without limitation payments returned for insufficient funds) related to any Servicing Agreement (Securitization) or Servicing Agreement (Primary) shall be processed as follows: : (i) All all parties shall cooperate in correcting misapplication errors; ; (ii) The the party receiving notice of a misapplied payment occurring prior to the applicable Servicing Transfer Date and discovered after the Servicing Transfer Date shall immediately notify the other party; ; (iii) If if a misapplied payment which occurred occurring prior to the Servicing Transfer Date cannot be identified and said such misapplied payment has resulted in a shortage in a Custodial Account custodial account or Escrow Accountescrow account, the Seller Sellers shall be liable for the amount of such shortage. The Seller shortage and Sellers shall reimburse the Purchaser for the amount of such shortage within thirty (30) calendar days after the receipt of written demand therefor from the Purchaser; , which demand shall provide reasonable detail of Purchaser’s calculation of such shortfall; and (iv) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v) Any any wire transfer or check issued under the provisions of this Section 8(h) 7.03 shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Asset Purchase Agreement (Irwin Financial Corp)

Misapplied Payments. Misapplied payments shall be processed as follows: (ia) All Both parties shall cooperate in correcting misapplication errors;. (iib) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered on or after the Transfer Date shall immediately notify the other party;. (iiic) If a misapplied payment which that occurred prior to the Transfer Date cannot be identified by either party and said the misapplied payment has resulted in a shortage in a Custodial Account or Escrow AccountMortgage account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser;. (ivd) If a misapplied payment which occurred prior to the Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five ten (510) Business Days after notice thereof by the other party; and. (ve) Any check issued under the provisions of this Section 8(h) 7.8 shall be accompanied by a statement indicating the purpose of the check, the mortgagor and property address involved, and the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such paymentsaccount number.

Appears in 1 contract

Samples: Bulk Servicing Purchase Agreement (Mego Mortgage Corp)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the such Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred received prior to the related Transfer Date cannot be identified and said such misapplied payment has resulted in a shortage in a Custodial Collection -68- Account or Escrow Account, the Seller Servicer shall be liable for the amount of such shortage. The Seller Servicer shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred received prior to the related Transfer Date has created an improper Purchase Price caused the payment to be incorrectly calculated as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v1) Any check issued under the provisions of this Section 8(h5.20(8) shall be accompanied by a statement indicating the corresponding Seller and/or Servicer, the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sunset Financial Resources Inc)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the such Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding -49- principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and (v) Any check issued under the provisions of this Section 8(h11.22(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Mortgage Loan Sale and Servicing Agreement (Sunset Financial Resources Inc)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable Transfer Date and discovered after the Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Accountany accounts established for the purpose of depositing payments with respect to the Mortgage Loans, the Seller shall be liable for the amount of such shortage. The Seller shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the Transfer Date has created an improper incorrect Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted disadvantaged by the improper incorrect payment application within five (5) Business Days business days after notice thereof therefor by the other party; and (v) Any check issued under the provisions of this Section 8(h) 8 shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (ABFC 2007-Wmc1 Trust)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the related Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller Servicer shall be liable for the amount of such shortage. The Seller Servicer shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and; (v) Any check issued under the provisions of this Section 8(h5(h) shall be accompanied by a statement indicating the corresponding Seller Servicer and/or the Purchaser Servicing Released Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Master Mortgage Loan Purchase and Warranties Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 4h)

Misapplied Payments. Misapplied payments shall be processed as follows: (i) All parties shall cooperate in correcting misapplication errors; (ii) The party receiving notice of a misapplied payment occurring prior to the applicable related Transfer Date and discovered after the related Transfer Date shall immediately notify the other party; (iii) If a misapplied payment which occurred prior to the related Transfer Date cannot be identified and said misapplied payment has resulted in a shortage in a Custodial Account or Escrow Account, the Seller Interim Servicer shall be liable for the amount of such shortage. The Seller Interim Servicer shall reimburse the Purchaser for the amount of such shortage within thirty (30) days after receipt of written demand therefor from the Purchaser; (iv) If a misapplied payment which occurred prior to the related Transfer Date has created an improper Purchase Price as the result of an inaccurate outstanding principal balance, a check shall be issued to the party shorted by the improper payment application within five (5) Business Days after notice thereof by the other party; and; (v) Any check issued under the provisions of this Section 8(h5(h) shall be accompanied by a statement indicating the corresponding Seller and/or the Purchaser Mortgage Loan identification number and an explanation of the allocation of any such payments.

Appears in 1 contract

Samples: Mortgage Loan Flow Purchase and Warranties Agreement (Structured Asset Sec Corp Mort Pas THR Cert Ser 2002 4h)

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