Common use of Qualified Mortgage Clause in Contracts

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;

Appears in 158 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Nc8), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He2), Pooling and Servicing Agreement (GSAMP Trust 2006-He3)

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Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of under Section 860G(a)(3) of the Code;

Appears in 56 contracts

Samples: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc4), Pooling and Servicing Agreement (MSAC Trust 2006-He3), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-He5)

Qualified Mortgage. The Such Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code and Treasury regulation section 1.860G-2(a), and the related Mortgaged Property, if acquired in connection with the default or imminent default of such Mortgage Loan, would constitute "foreclosure property" within the meaning of Section 860G(a)(8) (without regard to Section 856(e)(4) of the Code;).

Appears in 54 contracts

Samples: Mortgage Loan Purchase Agreement (Gmac Commercial Mortgage Securities Inc), Mortgage Loan Purchase Agreement (GMAC Commercial Mortgage Securities Inc. Series 2004-C2), Mortgage Loan Purchase Agreement (GMAC Commercial Mortgage Securities, Inc. Series 2005-C1 Trust)

Qualified Mortgage. The Such Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;Code and Treasury Regulations Section 1.860G-2(a) (but without regard to the rule in Treasury Regulations Section 1.860G-2(f)(2)).

Appears in 35 contracts

Samples: Mortgage Loan Purchase and Sale Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr18), Mortgage Loan Purchase and Sale Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr18), Mortgage Loan Purchase and Sale Agreement (Bear Stearns Commercial Mortgage Securities Trust 2007-Pwr18)

Qualified Mortgage. The Such Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;Code and Treasury Regulations Section 1.860G-2(a) (but without regard to the rule in Treasury Regulations Section 1.860G-2(f)(2)).

Appears in 33 contracts

Samples: Mortgage Loan Purchase Agreement, Mortgage Loan Purchase Agreement, Mortgage Loan Purchase Agreement (WFRBS Commercial Mortgage Trust 2011-C5)

Qualified Mortgage. The Each Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;.

Appears in 22 contracts

Samples: Mortgage Loan Purchase and Servicing Agreement, Servicing Agreement, Mortgage Loan Purchase and Servicing Agreement (Five Oaks Investment Corp.)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of mortgage under Section 860G(a)(3) of the Code;

Appears in 17 contracts

Samples: Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2), Pooling and Servicing Agreement (Sabr Trust 2005-Fr1), Assignment and Recognition Agreement (BCAP LLC Trust 2006-Aa2)

Qualified Mortgage. The Such Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;Code and Treasury regulation section 1.860G-2(a) (but without regard to the rule in Treasury regulation section 1.860G-2(f)(2)).

Appears in 15 contracts

Samples: Mortgage Loan Purchase Agreement (Commercial Mortgage Pass Through Ser 2001-Ck3), Mortgage Loan Purchase and Sale Agreement (Prudential Securities Sec Fin Corp Com Mort Tr 2003 Pwr1), Mortgage Loan Purchase and Sale Agreement (Banc of America Commercial Mort Pass THR Certs Ser 2002-Pb2)

Qualified Mortgage. The Each Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;

Appears in 14 contracts

Samples: Purchase and Servicing Agreement, Custodial Agreement (GSR Mortgage Loan Trust 2007-4f), Custodial Agreement (GSR Mortgage Loan Trust 2006-9f)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section section 860G(a)(3) of the Code;

Appears in 9 contracts

Samples: Servicing Agreement (GSR Mortgage Loan Trust 2006-8f), Servicing Agreement (GSR Mortgage Loan Trust 2007-Ar1), Servicing and Trust Agreement (GSAA Home Equity Trust 2007-9)

Qualified Mortgage. The Each Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;

Appears in 8 contracts

Samples: Servicing Agreement (GSAA Home Equity Trust 2006-17), Trust Agreement (Gsaa Home Equity Trust 2004-6), Servicing Agreement (GSAA Home Equity Trust 2006-1)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;Internal Revenue Code of 1986, as amended .

Appears in 8 contracts

Samples: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.)

Qualified Mortgage. The Each Mortgage Loan is constitutes a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;.

Appears in 7 contracts

Samples: Master Repurchase Agreement (Fieldstone Investment Corp), Master Repurchase Agreement (Fieldstone Investment Corp), Master Repurchase Agreement (Aames Financial Corp/De)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of mortgage under Section 860G(a)(3) of the CodeCode (without regard to sections (A)(i) and (ii) thereof);

Appears in 6 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)

Qualified Mortgage. The Each Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Mortgage Securities Corp), Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-B)

Qualified Mortgage. The Each Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;.

Appears in 6 contracts

Samples: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1), Servicing Agreement (GSAA Home Equity Trust 2006-3), Servicing Agreement (GSAA Home Equity Trust 2005-4)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) or any successor provision thereof of the CodeInternal Revenue Code of 1986, as amended;

Appears in 4 contracts

Samples: Master Repurchase Agreement (Hanover Capital Mortgage Holdings Inc), Master Repurchase Agreement (American Home Mortgage Holdings Inc), Master Repurchase Agreement (Hanover Capital Mortgage Holdings Inc)

Qualified Mortgage. The Each Mortgage Loan is constitutes a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;

Appears in 3 contracts

Samples: Master Repurchase Agreement (Firstcity Financial Corp), Master Repurchase Agreement (Aames Financial Corp/De), Master Repurchase Agreement (First Alliance Corp /De/)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;.

Appears in 3 contracts

Samples: Master Repurchase Agreement (Finance of America Companies Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Walter Investment Management Corp)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of mortgage under Section 860G(a)(3) of the CodeCode (which relates to REMICs);

Appears in 3 contracts

Samples: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-12)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of mortgage under Section 860G(a)(3) of the Code. This representation and warranty is a Deemed Material and Adverse Representation;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Nc1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Nc1)

Qualified Mortgage. The Accredited Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Gsamp Trust 2005-He2), Pooling and Servicing Agreement (Gsamp Trust 2005-He2)

Qualified Mortgage. The Such Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;.

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Greenwich Capital Commercial Funding Corp), Pooling and Servicing Agreement (DLJ Commercial Mort Corp Comm Mort Pass THR Cer Ser 1998-Cg1)

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Qualified Mortgage. The Each Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;; and

Appears in 2 contracts

Samples: Assignment, Assumption and Recognition Agreement (GSR Mortgage Loan Trust 2007-3f), Assignment, Assumption and Recognition Agreement (GSR Mortgage Loan Trust 2007-2f)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) or any successor provision thereof of the CodeInternal Revenue Code of 1986, as amended;

Appears in 2 contracts

Samples: Master Repurchase Agreement (ECC Capital CORP), Master Repurchase Agreement (ECC Capital CORP)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;; ================================================================================

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (FFMLT Trust 2006-Ff4), Pooling and Servicing Agreement (FFMLT Trust 2006-Ff3)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) or any successor provision thereof of the Code;

Appears in 2 contracts

Samples: Loan Sale Agreement (MortgageIT Holdings, Inc.), Master Repurchase Agreement (Impac Mortgage Holdings Inc)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" ” (including any participation or certificate of beneficial ownership therein) within the meaning of Section 860G(a)(3) 860G of the CodeCode and Treasury Regulation Section 1.860G-2;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (First NLC Securitization, Inc.), Pooling and Servicing Agreement (First NLC Trust 2005-2)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3860G (a)(3) of the Code;; and

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Cert Ser 2003-Nc4)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) 860G of the Code;Code and Treas. Reg. Section 1.860G-2.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Citigroup Mortgage Loan Trust Inc Series 2004-Ncm2)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) or any successor provision thereof of the Code;.

Appears in 1 contract

Samples: Master Repurchase Agreement (New York Mortgage Trust Inc)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) or any successor provision thereof of the Code;Internal Revenue Code of 1986, as amended.

Appears in 1 contract

Samples: Master Repurchase Agreement (New Century Financial Corp)

Qualified Mortgage. The Each Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;Code and Treasury Regulations Section

Appears in 1 contract

Samples: Mortgage Loan Purchase Agreement (MLCFC Commercial Mortgage Trust Series 2006-1)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section section 860G(a)(3) of the Code;

Appears in 1 contract

Samples: Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-1)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of mortgage under Section 860G(a)(3) of the Code;Code (without regard to sections (A)(i) and (ii) thereof); (ww)

Appears in 1 contract

Samples: Mortgage Loan Purchase and Warranties Agreement

Qualified Mortgage. The Each Mortgage Loan is constitutes a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;.

Appears in 1 contract

Samples: Master Repurchase Agreement (Aames Investment Corp)

Qualified Mortgage. The Each Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;.__

Appears in 1 contract

Samples: Servicing Agreement (GS Mortgage GSAA Home Eq. Trust 2004-7)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Code;Internal Revenue Code of 1986, as amended.

Appears in 1 contract

Samples: Master Repurchase Agreement (Home Point Capital Inc.)

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3) 860G of the Code;Code and Treas. Reg. Section 1.

Appears in 1 contract

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

Qualified Mortgage. The Mortgage Loan is a "qualified mortgage" within the meaning of Section 860G(a)(3860G(a) (3) of the Code;

Appears in 1 contract

Samples: Warranties and Servicing Agreement (Lehman XS Trust Series 2005-5n)

Qualified Mortgage. The Each Mortgage Loan is constitutes a "qualified mortgage" within the meaning of Section 860G(a)(3) of the Internal Revenue Code;.

Appears in 1 contract

Samples: Master Repurchase Agreement (WMC Finance Co)

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