Common use of No Satisfaction of Mortgage Clause in Contracts

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated or rescinded, in whole or in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole-or in part, nor has any instrument been executed that would effect any such release, cancellation, subordination or rescission except (i) in connection with an assumption agreement which has been approved by the FHA, to the extent required by the applicable FHA Insurance Contract, (ii) in the case of a release of a portion of the land comprising a Mortgaged Property or (iii) a release of a blanket Mortgage which release will not cause the Loan to fail to satisfy the Underwriting Guidelines. Seller has not waived the performance by the Mortgagor of any action, if the Mortgagor’s failure to perform such action would cause the Loan to be in default, nor has Seller waived any default resulting from any action or inaction by the Mortgagor.

Appears in 5 contracts

Samples: Master Repurchase Agreement (Caliber Home Loans, Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Sirva Inc)

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No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, --------------------------- subordinated or rescinded, in whole or in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole-whole or in part, except as set forth on the Mortgage Asset Schedule for which a partial release has been executed with respect to such Mortgage Loan, a copy of which release is in the related Mortgage Loan File, nor has any instrument been executed that would effect any such release, cancellation, subordination or rescission except (i) in connection rescission. Except for a forbearance agreement or assumption and modification agreement executed with an assumption respect to such Mortgage Loan, a copy of which agreement which has been approved by the FHA, to the extent required by the applicable FHA Insurance Contract, (ii) is in the case of a release of a portion of related Mortgage Loan File, the land comprising a Mortgaged Property or (iii) a release of a blanket Mortgage which release will not cause the Loan to fail to satisfy the Underwriting Guidelines. Seller has not waived the performance by the Mortgagor Borrower of any action, if the Mortgagor’s Borrower's failure to perform such action would cause the Mortgage Loan to be in material default, nor has the Seller waived any material default resulting from any action or inaction by the Mortgagor.Borrower;

Appears in 3 contracts

Samples: Asset Sale Agreement (National Mortgage Securities Corp), Asset Sale Agreement (Southpoint Residential Mortgage Securities Corp), Asset Sale Agreement (Fremont Mortgage Securities Corp)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated or rescinded, in whole or in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole-whole or in part, nor has any instrument been executed that would effect any such release, cancellation, subordination or rescission except (i) in connection with an assumption agreement which has been approved by the FHA, to the extent required by the applicable FHA Insurance Contract, (ii) in the case of a release of a portion of the land comprising a Mortgaged Property or (iii) a release of a blanket Mortgage which release will not cause the Loan to fail to satisfy the Underwriting Guidelines. Seller has not waived the performance by the Mortgagor of any action, if the Mortgagor’s failure to perform such action would cause the Loan to be in default, nor has Seller waived any default resulting from any action or inaction by the Mortgagor, except as permitted under the Servicing Agreement.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Pennymac Financial Services, Inc.), Master Repurchase Agreement (PennyMac Mortgage Investment Trust)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated (except in the case of a Second Lien Mortgage Loan, to the first Mortgage Loan) or rescinded, in whole or in partpart (except for a release that does not materially impair the security of the Mortgage Loan or a release the effect of which is reflected in the loan-to-value ratio for the Mortgage Loan as set forth in the Mortgage Loan Schedule), and the Mortgaged Property has not been released from the lien of the Mortgage, in whole-whole or in part, nor has any instrument been executed that would effect any such release, cancellation, subordination or rescission except (i) in connection with an assumption agreement which has been approved by the FHA, to the extent required by the rescission. The applicable FHA Insurance Contract, (ii) in the case of a release of a portion of the land comprising a Mortgaged Property or (iii) a release of a blanket Mortgage which release will not cause the Loan to fail to satisfy the Underwriting Guidelines. Seller has not waived the performance by the Mortgagor of any action, if the Mortgagor’s failure to perform such action would cause the Mortgage Loan to be in default, nor has Seller waived any default resulting from any action or inaction by the Mortgagor.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Fieldstone Investment Corp), Master Repurchase Agreement (Fieldstone Investment Corp)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated or rescindedrescinded (except with respect to subordination of a Second Lien Loan to the first priority lien or security interest), in whole or in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole-whole or in part, nor has any instrument been executed that would effect any such releasesatisfaction, cancellation, subordination or rescission (except (i) in connection with an assumption agreement which has been approved by the FHA, respect to subordination of a Second Lien Loan to the extent required by the applicable FHA Insurance Contract, (iifirst priority lien or security interest) other than in the case of a release of a portion of the land comprising a Mortgaged Property or (iii) a release of a blanket Mortgage which release will not cause the Loan to fail to satisfy the Underwriting applicable Agency Guidelines. Seller has not waived the performance by the Mortgagor of any action, if the Mortgagor’s failure to perform such action would cause the Loan to be in default, nor has the Seller waived any default resulting from any action or inaction by the Mortgagor.

Appears in 2 contracts

Samples: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated (except in the case of a Second Lien Mortgage Loan, to the first Mortgage Loan) or rescinded, in whole or in partpart (except for a release that does not materially impair the security of the Mortgage Loan or a release the effect of which is reflected in the loan-to-value ratio for the Mortgage Loan as set forth in the Asset Schedule), and the Mortgaged Property has not been released from the lien of the Mortgage, in whole-whole or in part, nor has any instrument been executed that would effect any such release, cancellation, subordination or rescission except (i) in connection with an assumption agreement which has been approved by the FHA, to the extent required by the applicable FHA Insurance Contract, (ii) in the case of a release of a portion of the land comprising a Mortgaged Property or (iii) a release of a blanket Mortgage which release will not cause the Loan to fail to satisfy the Underwriting Guidelinesrescission. Seller has Sellers have not waived the performance by the Mortgagor of any action, if the Mortgagor’s failure to perform such action would cause the Mortgage Loan to be in default, nor has Seller have Sellers waived any default resulting from any action or inaction by the Mortgagor.

Appears in 1 contract

Samples: Master Repurchase Agreement (Fieldstone Investment Corp)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated (except in the case of a Second Lien Mortgage Loan, to the first Mortgage Loan) or rescinded, in whole or in partpart (except for a release that does not materially impair the security of the Mortgage Loan or a release the effect of which is reflected in the loan-to-value ratio for the Mortgage Loan as set forth in the Mortgage Loan Schedule), and the Mortgaged Property has not been released from the lien of the Mortgage, in whole-whole or in part, nor has any instrument been executed that would effect any such release, cancellation, subordination or rescission except (i) in connection with an assumption agreement which has been approved by the FHA, to the extent required by the applicable FHA Insurance Contract, (ii) in the case of a release of a portion of the land comprising a Mortgaged Property or (iii) a release of a blanket Mortgage which release will not cause the Loan to fail to satisfy the Underwriting Guidelinesrescission. Seller has Sellers have not waived the performance by the Mortgagor of any action, if the Mortgagor’s failure to perform such action would cause the Mortgage Loan to be in default, nor has Seller have Sellers waived any default resulting from any action or inaction by the Mortgagor.

Appears in 1 contract

Samples: Master Repurchase Agreement (Fieldstone Investment Corp)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated or rescinded, in whole or or, other than with respect to a Xxxxxx Xxx Modified Loan, in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole-or whole or, other than with respect to a Xxxxxx Xxx Modified Loan, in part, nor has any instrument been executed that would effect affect any such release, cancellation, subordination or rescission except (i) in connection with an assumption agreement which has been approved by the FHA, to the extent required by the applicable FHA Insurance Contract, (ii) other than in the case of a release of a portion of the land comprising a Mortgaged Property or (iii) a release of a blanket Mortgage which release will not cause the Mortgage Loan to fail to satisfy the applicable Underwriting Guidelines. Other than with respect to a Xxxxxx Xxx Modified Loan, no Seller has not waived the performance by the Mortgagor of any action, if the Mortgagor’s failure to perform such action would cause the Mortgage Loan to be in default, nor has any Seller waived any default resulting from any action or inaction by the Mortgagor.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rocket Companies, Inc.)

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No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated (except in the case of a Second Lien Mortgage Loan, to the first Mortgage Loan) or rescinded, in whole or in partpart (except for a release that does not materially impair the security of the Mortgage Loan or a release the effect of which is reflected in the loan-to-value ratio for the Mortgage Loan as set forth in the Mortgage Loan Schedule), and the Mortgaged Property has not been released from the lien of the Mortgage, in whole-whole or in part, nor has any instrument been executed that would effect any such release, cancellation, subordination or rescission except (i) in connection with an assumption agreement which has been approved by the FHA, to the extent required by the applicable FHA Insurance Contract, (ii) in the case of a release of a portion of the land comprising a Mortgaged Property or (iii) a release of a blanket Mortgage which release will not cause the Loan to fail to satisfy the Underwriting Guidelinesrescission. Seller has Sellers have not waived the performance by the Mortgagor of any action, if the Mortgagor’s 's failure to perform such action would cause the Mortgage Loan to be in default, nor has Seller have Sellers waived any default resulting from any action or inaction by the Mortgagor.

Appears in 1 contract

Samples: Repurchase Agreement (Fieldstone Investment Corp)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated or rescinded, in whole or in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole-whole or in part, except as set forth on the Mortgage Asset Schedule for which a partial release has been executed with respect to such Mortgage Loan, a copy of which release is in the related Mortgage File, nor has any instrument been executed that would effect any such release, cancellation, subordination or rescission except (i) in connection rescission. Except for a forbearance agreement or assumption and modification agreement executed with an assumption respect to such Mortgage Loan, a copy of which agreement which has been approved by the FHA, to the extent required by the applicable FHA Insurance Contract, (ii) is in the case of a release of a portion of related Mortgage File, the land comprising a Mortgaged Property or (iii) a release of a blanket Mortgage which release will not cause the Loan to fail to satisfy the Underwriting Guidelines. Seller has not waived the performance by the Mortgagor borrower of any action, if the Mortgagorborrower’s failure to perform such action would cause the Mortgage Loan to be in material default, nor has the Seller waived any material default resulting from any action or inaction by the Mortgagor.Borrower;

Appears in 1 contract

Samples: Sale Agreement (Etrade Mortgage Backed Securities Corp)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated or rescinded, in whole or or, other than with respect to a Xxxxxx Xxx Modified Loan, in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole-or whole or, other than with respect to a Xxxxxx Mae Modified Loan, in part, nor has any instrument been executed that would effect affect any such release, cancellation, subordination or rescission except (i) in connection with an assumption agreement which has been approved by the FHA, to the extent required by the applicable FHA Insurance Contract, (ii) other than in the case of a release of a portion of the land comprising a Mortgaged Property or (iii) a release of a blanket Mortgage which release will not cause the Mortgage Loan to fail to satisfy the applicable Underwriting Guidelines. Other than with respect to a Xxxxxx Xxx Modified Loan, Seller has not waived the performance by the Mortgagor of any action, if the Mortgagor’s failure to perform such action would cause the Mortgage Loan to be in default, nor has the Seller waived any default resulting from any action or inaction by the Mortgagor.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rocket Companies, Inc.)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated or rescindedrescinded (except with respect to subordination of a Second Lien Loan to the first priority lien or security interest), in whole or in part, and the Mortgaged Property has not been released from the lien of the Mortgage, in whole-whole or in part, nor has any instrument been executed that would effect any such releasesatisfaction, cancellation, subordination or rescission (except (i) in connection with an assumption agreement which has been approved by the FHA, respect to subordination of a Second Lien Loan to the extent required by the applicable FHA Insurance Contract, (iifirst priority lien or security interest) other than in the case of a release of a portion of the land comprising a Mortgaged Property or (iii) a release of a blanket Mortgage which release will not cause the Loan to fail to satisfy the Underwriting applicable Agency Guidelines. Seller has not waived the performance by the Mortgagor of any action, if the Mortgagor’s failure to perform such action would cause the Loan to be in default, nor has Seller waived any default resulting from any action or inaction by the Mortgagor.

Appears in 1 contract

Samples: Master Repurchase Agreement (Rocket Companies, Inc.)

No Satisfaction of Mortgage. The Mortgage has not been satisfied, canceled, subordinated (except in the case of a Second Lien Mortgage Loan, to the first Mortgage Loan) or rescinded, in whole or in partpart (except for a release that does not materially impair the security of the Mortgage Loan or a release the effect of which is reflected in the loan-to-value ratio for the Mortgage Loan as set forth in the Mortgage Loan Schedule), and the Mortgaged Property has not been released from the lien of the Mortgage, in whole-whole or in part, nor has any instrument been executed that would effect any such release, cancellation, subordination or rescission except (i) in connection with an assumption agreement which has been approved by the FHA, to the extent required by the applicable FHA Insurance Contract, (ii) in the case of a release of a portion of the land comprising a Mortgaged Property or (iii) a release of a blanket Mortgage which release will not cause the Loan to fail to satisfy the Underwriting Guidelinesrescission. Seller has not waived the performance by the Mortgagor of any action, if the Mortgagor’s failure to perform such action would cause the Mortgage Loan to be in default, nor has Seller waived any default resulting from any action or inaction by the Mortgagor.

Appears in 1 contract

Samples: Master Repurchase Agreement (Fieldstone Investment Corp)

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