Remittance Reports. On or prior to the tenth calendar day of each month, the Seller shall deliver to the Purchaser in electronic format and hard copy a remittance advice (a “Monthly Remittance Advice”) substantially in the forms attached hereto as Exhibit 14-1 and Exhibit 14-2, or in such other forms as may be mutually agreed upon by the Seller and any Master Servicer, which shall include among other information, the number of days which each Loan is delinquent, and shall contain an explanation of all Servicing Advances made, the status of all Loans in foreclosure or otherwise the subject of litigation, and the status of all other collection efforts with respect to each Loan, and all realized losses detailed on a Form 332, attached as Exhibit 14-3, or in such other form as may be mutually agreed upon by the Seller and any related Master Servicer. In addition, on or prior to the tenth calendar day of each month the Seller shall furnish to Purchaser an individual loan accounting report (“Report”), as of the last Business Day of the prior month, in Purchaser’s assigned loan number order to document Loan payment activity on an individual Loan basis. Each Report shall contain the following: (i) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any prepayment penalties, along with a detailed report of interest on Principal Prepayment amounts remitted in accordance with Section 11.14 of this Servicing Addendum); (ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest; (iii) the amount of servicing compensation received by the Seller during the prior distribution period; (iv) the aggregate Stated Principal Balance of the Loans; (v) the aggregate of any expenses reimbursed to the Seller during the prior distribution period pursuant to Section 11.05 or 11.07 of this Servicing Addendum; (vi) the number and aggregate outstanding principal balances of Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as to which foreclosure has commenced; (c) as to which REO Property has been acquired; (d) in bankruptcy and (e) which have become charged off Loans; (vii) the unpaid principal balance of each Loan; (viii) the current Due Date of each Loan; and (ix) any such other related information as reasonably requested by the Purchaser. The Seller shall also provide a trial balance, sorted in Purchaser's assigned loan number order with each such Report.
Appears in 3 contracts
Samples: Master Loan Purchase and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-1), Loan Purchase and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2007-3), Loan Purchase and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2006-Oa2)
Remittance Reports. On or before the third Business Day prior to each Distribution Date, the tenth calendar day Servicer shall prepare a statement containing the information specified below as to such Distribution Date (a "Remittance Report") and deliver such statement to the Trustee. The Trustee shall forward such report to the Certificateholders on the related Distribution Date, by mail to the addresses of such Certificateholders as listed in the Certificate Register on the preceding Record Date. A Remittance Report for a Distribution Date for a Series shall identify the following items:
(1) the aggregate amount of each monthof the following, the Seller shall deliver to the Purchaser in electronic format and hard copy a remittance advice (a “Monthly Remittance Advice”) substantially in the forms attached hereto as Exhibit 14-1 and Exhibit 14-2stated separately, or in such other forms as may be mutually agreed upon by the Seller and any Master Servicer, which shall include among other information, the number of days which each Loan is delinquent, and shall contain an explanation of all Servicing Advances made, the status of all Loans in foreclosure or otherwise the subject of litigation, and the status of all other collection efforts with respect to each Loan, and all realized losses detailed on a Form 332, attached as Exhibit 14-3, or in such other form as may be mutually agreed upon by the Seller and any related Master Servicer. In addition, on or prior to the tenth calendar day of each month the Seller shall furnish to Purchaser an individual loan accounting report Assets: (“Report”), as of the last Business Day of the prior month, in Purchaser’s assigned loan number order to document Loan payment activity on an individual Loan basis. Each Report shall contain the following:
(i) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any prepayment penalties, along with a detailed report of interest on Principal Prepayment amounts remitted in accordance with Section 11.14 of this Servicing Addendum);
(ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(iiiA) the amount of servicing compensation all scheduled principal payments on the Assets relating to such Distribution Date, (B) the principal components and interest components of all Monthly Payments made by the Obligors on the Assets during the related Collection Period, (C) Principal Prepayments (including related Net Insurance Proceeds) received by the Seller Servicer during the prior distribution period;
related Prepayment Period, (D) Liquidation Proceeds (including related Insurance Proceeds) and Net Liquidation Proceeds (including related Net Insurance Proceeds) received during the related Prepayment Period, (E) the amount of any Repurchase Price paid by OMI, the Seller or the Servicer with respect to any of the Contracts purchased by OMI, the Seller or the Servicer pursuant to Section 2.06 hereof during the related Prepayment Period, (F) the aggregate number of Repo Properties and the aggregate number of REO Properties in the Trust as of the end of the related Prepayment Period and the aggregate of the unpaid principal balances of the related Contracts and of the related Mortgage Loans, respectively, (G) the aggregate number and the aggregate Unpaid Principal Balance of Outstanding Contracts and Outstanding Mortgage Loans, stated separately, that are (i) delinquent one month (i.e., 30 to 59 days) as of the end of the related Prepayment Period, (ii) delinquent two months (i.e., 60 to 89 days) as of the end of the related Prepayment Period, (iii) delinquent three months (i.e., 90 days or longer) as of the end of the related Prepayment Period and (iv) as to which repossession, foreclosure or other comparable proceedings have been commenced as of the end of the related Prepayment Period, (H) the amount of Realized Losses incurred on the Assets during the related Prepayment Period and on a cumulative basis since the Cut-off Date (the latter expressed as a dollar amount and as a percentage of the aggregate Stated Cut-off Date Principal Balance) (separately identifying any Obligor Bankruptcy Losses, Special Hazard Losses and Fraud Losses, if they are separately allocated to the related Certificates), (I) the aggregate Scheduled Principal Balance of the Contracts and the Mortgage Loans;
, stated separately, and the number of Outstanding Contracts and Mortgage Loans, stated separately, in each case at the end of the related Collection Period, (vJ) the aggregate number and the aggregate Unpaid Principal Balance of any expenses reimbursed to Outstanding Contracts and Outstanding Mortgage Loans, stated separately, for which the Seller during Obligor is also a debtor, whether voluntary or involuntary, in a proceeding under the prior distribution period pursuant to Section 11.05 or 11.07 of this Servicing Addendum;
Bankruptcy Code; and (viK) the aggregate number and the aggregate outstanding principal balances Unpaid Principal Balance of Outstanding Contracts and Outstanding Mortgage Loans for which the Obligor is also a debtor, whether voluntary or involuntary, in a proceeding under the Bankruptcy Code, stated separately, that are (ai) delinquent one month (1) i.e., 30 to 59 days) as of the end of the related Prepayment Period, (2ii) delinquent two months (i.e., 60 to 89 days) as of the end of the related Prepayment Period, and (iii) delinquent three months (i.e., 90 days or longer) as of the end of the related Prepayment Period;
(2) the Available Distribution Amount for such Distribution Date;
(3) 90 days the amount of funds in the Distribution Account, if any, to be allocated to pay Servicing Fees, to reimburse the Servicer for Advances made, to reimburse OMI or more; (bthe Servicer for expenses pursuant to Section 6.05 hereof, and to refund any overpayment of a Repurchase Price for an Asset pursuant to Section 2.06(f) as to which foreclosure has commenced; (c) as to which REO Property has been acquired; (d) in bankruptcy and (e) which have become charged off Loanshereof;
(vii4) the unpaid principal balance amount of each Loanthe Servicing Fee for the related Collection Period;
(viii5) the current Due aggregate amount of P&I Advances required to be made by the Servicer with respect to such Distribution Date, together with a statement of the amount, if any, of such required P&I Advances that the Servicer will not make in respect of such Distribution Date and of any P&I Advances that will not be made because they are Non-Recoverable Advances;
(6) the aggregate deposits into the Certificate Account relating to such Distribution Date and the aggregate withdrawals from the Certificate Account for each Loancategory of withdrawal specified in Section 3.07(a) hereof relating to such Distribution Date;
(7) in the case of a Trust (or designated assets thereof) for which a REMIC election has been or will be made, any other information required to be provided to Certificateholders by the REMIC Provisions; and
(ix) 8) any items relating to a specific Series of Certificates specified in the related Pooling and Servicing Agreement. The Trustee shall maintain a telephone number which investors may call to ascertain, on each Distribution Date, the Certificate Principal Balance of each Class of Certificates and the then-current Pass-Through Rate applicable to each such Class. Such number for any Series shall initially be as specified in the Prospectus Supplement for such Series and may only be changed after the Trustee notes the change in such number in writing on the Remittance Report it sends to Certificateholders. Within a reasonable period of time after the end of each calendar year, the Trustee shall prepare and furnish a statement, from information provided by the Servicer, containing the information concerning the amount of distributions of interest and principal on the Regular Certificates and the amount of distributions on the Residual Certificates, as well as any other related information as reasonably requested may be required by the PurchaserCode or Regulations and that customarily would be provided by a Trustee to Certificateholders in order to enable such Certificateholders to prepare their federal income tax returns, to each Person who at any time during the calendar year was a Certificateholder that constituted a retail investor or other Certificateholder that requests such statement, aggregated for such calendar year or portion thereof during which such Person was a Certificateholder. The Seller Such obligation of the Trustee shall also provide a trial balance, sorted be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time are in Purchaser's assigned loan number order with each such Reportforce.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc), Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc), Pooling and Servicing Agreement (Oakwood Mortgage Investors Inc)
Remittance Reports. On or before the third Business Day prior to each Distribution Date, the tenth calendar day Servicer shall prepare a statement containing the information specified below as to such Distribution Date (a "Remittance Report") and deliver such statement to the Trustee. The Trustee shall forward such report to the Certificateholders on the related Distribution Date, by mail to the addresses of such Certificateholders as listed in the Certificate Register on the preceding Record Date. A Remittance Report for a Distribution Date for a Series shall identify the following items:
(1) the aggregate amount of each monthof the following, the Seller shall deliver to the Purchaser in electronic format and hard copy a remittance advice (a “Monthly Remittance Advice”) substantially in the forms attached hereto as Exhibit 14-1 and Exhibit 14-2stated separately, or in such other forms as may be mutually agreed upon by the Seller and any Master Servicer, which shall include among other information, the number of days which each Loan is delinquent, and shall contain an explanation of all Servicing Advances made, the status of all Loans in foreclosure or otherwise the subject of litigation, and the status of all other collection efforts with respect to each Loan, and all realized losses detailed on a Form 332, attached as Exhibit 14-3, or in such other form as may be mutually agreed upon by the Seller and any related Master Servicer. In addition, on or prior to the tenth calendar day of each month the Seller shall furnish to Purchaser an individual loan accounting report Assets: (“Report”), as of the last Business Day of the prior month, in Purchaser’s assigned loan number order to document Loan payment activity on an individual Loan basis. Each Report shall contain the following:
(i) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any prepayment penalties, along with a detailed report of interest on Principal Prepayment amounts remitted in accordance with Section 11.14 of this Servicing Addendum);
(ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(iiiA) the amount of servicing compensation all scheduled principal payments on the Assets relating to such Distribution Date, (B) the principal components and interest components of all Monthly Payments made by the Obligors on the Assets during the related Collection Period, (C) Principal Prepayments (including related Net Insurance Proceeds) received by the Seller Servicer during the prior distribution period;
related Prepayment Period, (D) Liquidation Proceeds (including related Insurance Proceeds) and Net Liquidation Proceeds (including related Net Insurance Proceeds) received during the related Prepayment Period, (E) the amount of any Repurchase Price paid by the Company, the Seller or the Servicer with respect to any of the Contracts purchased by the Company, the Seller or the Servicer pursuant to Section 2.06 hereof during the related Prepayment Period, (F) the aggregate number of Repo Properties and the aggregate number of REO Properties in the Trust as of the end of the related Prepayment Period and the aggregate of the unpaid principal balances of the related Contracts and of the related Mortgage Loans, respectively, (G) the aggregate number and the aggregate Unpaid Principal Balance of Outstanding Contracts and Outstanding Mortgage Loans, stated separately, that are (i) delinquent one month (i.e., 30 to 59 days) as of the end of the related Prepayment Period, (ii) delinquent two months (i.e., 60 to 89 days) as of the end of the related Prepayment Period, (iii) delinquent three months (i.e., 90 days or longer) as of the end of the related Prepayment Period and (iv) as to which repossession, foreclosure or other comparable proceedings have been commenced as of the end of the related Prepayment Period, (H) the amount of Realized Losses incurred on the Assets during the related Prepayment Period and on a cumulative basis since the Cut-off Date (the latter expressed as a dollar amount and as a percentage of the aggregate Stated Cut-off Date Principal Balance) (separately identifying any Obligor Bankruptcy Losses, Special Hazard Losses and Fraud Losses, if they are separately allocated to the related Certificates), (I) the aggregate Scheduled Principal Balance of the Contracts and the Mortgage Loans, stated separately, and the number of Outstanding Contracts and Mortgage Loans, stated separately, in each case at the end of the related Collection Period and (J) any other information required to be reported by the REMIC Provisions;
(v2) the amount of the Available Distribution Amount for such Distribution Date;
(3) the amount of funds in the Distribution Account, if any, to be allocated to pay Servicing Fees, to reimburse the Servicer for Advances made, to reimburse the Company or the Servicer for expenses pursuant to Section 6.05 hereof, and to refund any overpayment of a Repurchase Price for an Asset pursuant to Section 2.06(f) hereof;
(4) the amount of the Servicing Fee for such Distribution Date;
(5) the aggregate amount of P&I Advances required to be made by the Servicer with respect to such Distribution Date, together with a statement of the amount, if any, of such required P&I Advances that the Servicer will not make in respect of such Distribution Date and of any expenses reimbursed to the Seller during the prior distribution period pursuant to Section 11.05 or 11.07 of this Servicing AddendumP&I Advances that will not be made because they are Non-Recoverable Advances;
(vi6) the number aggregate deposits into the Certificate Account relating to such Distribution Date and the aggregate outstanding principal balances withdrawals from the Certificate Account for each category of Loans (awithdrawal specified in Section 3.07(a) delinquent (1) 30 hereof relating to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as to which foreclosure has commenced; (c) as to which REO Property has been acquired; (d) in bankruptcy and (e) which have become charged off Loans;
(vii) the unpaid principal balance of each Loan;
(viii) the current Due Date of each Loansuch Distribution Date; and
(ix7) any items relating to a specific Series of Certificates specified in the related Pooling and Servicing Agreement. The Trustee shall maintain a telephone number which investors may call to ascertain, on each Distribution Date, the Certificate Principal Balance of each Class of Certificates and the then-current Pass-Through Rate applicable to each such Class. Such number for any Series shall initially be as specified in the Prospectus Supplement for such Series and may only be changed after the Trustee notes the change in such number in writing on the Remittance Report it sends to Certificateholders. Within a reasonable period of time after the end of each calendar year, the Trustee shall prepare and furnish a statement, from information provided by the Servicer, containing the information concerning the amount of distributions of interest and principal on the Regular Certificates and the amount of distributions on the Residual Certificates, as well as any other related information as reasonably requested may be required by the PurchaserCode or Regulations and that customarily would be provided by a Trustee to Certificateholders in order to enable such Certificateholders to prepare their federal income tax returns, to each Person who at any time during the calendar year was a Certificateholder that constituted a retail investor or other Certificateholder that requests such statement, aggregated for such calendar year or portion thereof during which such Person was a Certificateholder. The Seller Such obligation of the Trustee shall also provide a trial balance, sorted be deemed to have been satisfied to the extent that substantially comparable information shall be provided by the Trustee pursuant to any requirements of the Code as from time to time are in Purchaser's assigned loan number order with each such Reportforce.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp), Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp), Pooling and Servicing Agreement (Bombardier Capital Mortgage Securitization Corp)
Remittance Reports. On or prior to Advances by the tenth calendar day of Master Servicer.
(a) By 11:00 A.M. New York time the Business Day following each monthDetermination Date, the Seller Master Servicer shall deliver to the Purchaser Trustee a report, prepared as of the close of business on the Determination Date (the "Determination Date Report"), by telecopy or in a mutually agreeable electronic format format. The Determination Date Report and hard copy a remittance advice (a “Monthly Remittance Advice”) substantially any written information supplemental thereto shall include such information with respect to the Mortgage Loans that is reasonably available to the Master Servicer and that is required by the Trustee for purposes of making the calculations referred to in the forms attached hereto following paragraph, as Exhibit 14-1 and Exhibit 14-2set forth in written specifications or guidelines issued by the Trustee from time to time. Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, or the Trustee shall furnish by telecopy to the Master Servicer a statement (the information in such other forms as may statement to be mutually agreed upon made available to Certificateholders or the Depositor by the Seller Master Servicer on request) setting forth (i) the Available Distribution Amount, (ii) the amounts required to be withdrawn from the Custodial Account and any deposited into the Certificate Account on the immediately succeeding Certificate Account Deposit Date pursuant to clause (iii) of Section 4.01 (a); and (iii) such other information with respect to the Mortgage Loans as the Trustee may reasonably require to perform the calculations necessary to make the distributions contemplated by Section 4.01 and to prepare the statements to Certificateholders contemplated by Section 4.02. The determination by the Trustee of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder.
(b) Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall notify the Master ServicerServicer of the aggregate amount of Advances required to be made for the related Distribution Date, which shall include among other informationbe the aggregate amount of Monthly Payments (with each interest portion thereof adjusted to be net of the related Servicing Fee Rate), less the number amount of days which each Loan is delinquent, and shall contain an explanation of all Servicing Advances made, the status of all Loans in foreclosure or otherwise the subject of litigation, and the status of all other collection efforts with respect to each Loan, and all realized losses detailed on a Form 332, attached as Exhibit 14-3, or in such other form as may be mutually agreed upon by the Seller and any related Master Servicer. In additionDebt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Relief Act, on or prior to the tenth calendar day of each month the Seller shall furnish to Purchaser an individual loan accounting report (“Report”), Outstanding Mortgage Loans as of the last Business Day related Due Date, which Monthly Payments were delinquent as of the prior monthclose of business as of the related Determination Date, in Purchaser’s assigned loan number order provided that following the reduction of the Certificate Principal Balances of the Class B Certificates to document Loan payment activity zero no Advance shall be made if it would be a Nonrecoverable Advance. On or before 3:00 P.M. New York time on an individual Loan basis. Each Report each Certificate Account Deposit Date, the Master Servicer shall contain the following:
either (i) with deposit in the Certificate Account from its own funds, or funds received therefor from the Sub-Servicers, an amount equal to the Advances to be made by the Master Servicer in respect to each Monthly Paymentof the related Distribution Date, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Certificate Account all or a portion of the amounts held for future distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such remittance allocable Advance. Any portion of the amounts held for future distribution so used shall be replaced by the Master Servicer by deposit in the Custodial Account on or before 12: 00 P.M. New York time on any future Certificate Account Deposit Date to principal (including a separate breakdown the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Certificate Account on such Certificate Account Deposit Date shall be less than payments to Certificateholders required to be made on the following Distribution Date. The amount of any Principal Prepaymentreimbursement pursuant to Section 4.01(b)(iii) in respect of outstanding Advances on any Distribution Date shall be allocated to specific Monthly Payments due but delinquent for previous Due Periods, including which allocation shall be made, to the date extent practicable, to Monthly Payments which have been delinquent for the longest period of time. Such allocations shall be conclusive for purposes of reimbursement to the Master Servicer from recoveries on the Mortgage Loans pursuant to Section 3.11. The determination by the Master Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by a certificate of a Servicing Officer delivered to the Seller and the Trustee. The Trustee shall deposit all funds it receives pursuant to this Section 4.03 into the Certificate Account.
(c) In the event that the Master Servicer determines on the Certificate Account Deposit Date that it will be unable to deposit in the Certificate Account an amount equal to the Advance required to be made for the immediately succeeding Distribution Date in the amount determined by the Trustee pursuant to paragraph (b) above, it shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion of such prepaymentamount that it will be unable to deposit. If the Master Servicer shall have determined that it is not obligated to make the entire Advance because all or a lesser portion of such Advance would not be recoverable from Insurance Proceeds, Liquidation Proceeds or otherwise, the Master Servicer shall promptly deliver to the Trustee for the benefit of the Certificateholders an Officer's Certificate setting forth the reasons for the Master Servicer's determination. Not later than 5:00 P.M., New York time, on the Certificate Account Deposit Date, unless by such time the Master Servicer shall have directly or indirectly deposited in the Certificate Account the entire amount of the Advances required to be made for the related Distribution Date, pursuant to Section 7.01, the Trustee shall (a) terminate all of the rights and any prepayment penalties, along with a detailed report obligations of interest on Principal Prepayment amounts remitted the Master Servicer under this Agreement in accordance with Section 11.14 of this Servicing Addendum);
(ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(iii) the amount of servicing compensation received by the Seller during the prior distribution period;
(iv) the aggregate Stated Principal Balance of the Loans;
(v) the aggregate of any expenses reimbursed to the Seller during the prior distribution period pursuant to Section 11.05 or 11.07 of this Servicing Addendum;
(vi) the number 7.01 and aggregate outstanding principal balances of Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as assume the rights and obligations of the Master Servicer hereunder, including the obligation to which foreclosure has commenced; (c) as deposit in the Certificate Account an amount equal to which REO Property has been acquired; (d) in bankruptcy and (e) which have become charged off Loans;
(vii) the unpaid principal balance of each Loan;
(viii) Advance for the current Due Date of each Loan; and
(ix) any such other related information as reasonably requested by the Purchaser. The Seller shall also provide a trial balance, sorted in Purchaser's assigned loan number order with each such Reportimmediately succeeding Distribution Date.
Appears in 3 contracts
Samples: Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP), Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP), Pooling and Servicing Agreement (Opteum Mortgage Acceptance CORP)
Remittance Reports. On or prior to No later than the tenth calendar day of fifth Business Day each month, the Seller Company shall deliver furnish to the Purchaser in electronic format or its designee a computer tape and a hard copy of the monthly data, together with such other information with respect to the Mortgage Loans as the Purchaser may reasonably require to allocate distributions made pursuant to this Agreement and provide appropriate statements with respect to such distributions. On the same date, the Company shall forward to the Purchaser by overnight mail a remittance advice (a “Monthly Remittance Advice”) substantially computer readable magnetic tape containing the information set forth in the forms attached hereto as Exhibit 14remittance report with respect to the related Distribution Date. Exh. 5-1 and Exhibit 14-213 Subsection 11.16 Statements to the Purchaser. No later than the Distribution Date, the Company shall forward to the Purchaser or in such other forms as may be mutually agreed upon its designee a statement prepared by the Seller and any Master Servicer, which shall include among other information, the number of days which each Loan is delinquent, and shall contain an explanation of all Servicing Advances made, Company setting forth the status of all Loans the Custodial Account as of the close of business on such Distribution Date and showing, for the period covered by such statement, the aggregate amount of deposits into and withdrawals from the Custodial Account of each category of deposit specified in foreclosure or otherwise Subsection 11.04 and each category of withdrawal specified in Subsection 11.05. Upon the subject request of litigationthe Purchaser, in connection with any Transaction, the Company shall furnish to the Purchaser a complete, true and the status of all other collection efforts correct Mortgage Loan Schedule with respect to each Loan, and all realized losses detailed on a Form 332, attached as Exhibit 14-3, or in such other form as may be mutually agreed upon by the Seller and any related Master ServicerMortgage Loans. In addition, on or prior to not more than ninety (90) days after the tenth calendar day end of each month calendar year, the Seller Company shall furnish to each Person who was the Purchaser an individual loan accounting report (“Report”)at any time during such calendar year, as of the last Business Day of the prior month, in Purchaser’s assigned loan number order to document Loan payment activity on an individual Loan basis. Each Report shall contain the following:
(i) as to the aggregate of remittances for the applicable portion of such year, an annual statement in accordance with the requirements of applicable federal income tax law, and (ii) listing of the principal balances of the Mortgage Loans outstanding at the end of such calendar year. The Company shall prepare and file any and all tax returns, information statements or other filings required to be delivered to any governmental taxing authority or to any Purchaser pursuant to any applicable law with respect to each Monthly Paymentthe Mortgage Loans and the transactions contemplated hereby. In addition, the amount of Company shall provide the Purchaser with such remittance allocable information concerning the Mortgage Loans as is necessary for the Purchaser to principal (including a separate breakdown of prepare its federal income tax return as any Principal Prepayment, including the date of such prepayment, and any prepayment penalties, along with a detailed report of interest on Principal Prepayment amounts remitted in accordance with Section 11.14 of this Servicing Addendum);
(ii) with respect Purchaser may reasonably request from time to each Monthly Payment, the amount of such remittance allocable to interest;
(iii) the amount of servicing compensation received by the Seller during the prior distribution period;
(iv) the aggregate Stated Principal Balance of the Loans;
(v) the aggregate of any expenses reimbursed to the Seller during the prior distribution period pursuant to Section 11.05 or 11.07 of this Servicing Addendum;
(vi) the number and aggregate outstanding principal balances of Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as to which foreclosure has commenced; (c) as to which REO Property has been acquired; (d) in bankruptcy and (e) which have become charged off Loans;
(vii) the unpaid principal balance of each Loan;
(viii) the current Due Date of each Loan; and
(ix) any such other related information as reasonably requested by the Purchaser. The Seller shall also provide a trial balance, sorted in Purchaser's assigned loan number order with each such Reporttime.
Appears in 2 contracts
Samples: Assignment, Assumption and Recognition Agreement (GSAA Home Equity Trust 2006-3), Master Servicing and Trust Agreement (GSAA Home Equity Trust 2006-19)
Remittance Reports. On or prior to Advances by the tenth calendar day of Master Servicer.
(a) By 11:00 A.M. New York time the Business Day following each monthDetermination Date, the Seller Master Servicer shall deliver to the Purchaser Trustee a report, prepared as of the close of business on the Determination Date (the "Determination Date Report"), by telecopy or in a mutually agreeable electronic format format. The Determination Date Report and hard copy a remittance advice (a “Monthly Remittance Advice”) substantially any written information supplemental thereto shall include such information with respect to the Mortgage Loans that is reasonably available to the Master Servicer and that is required by the Trustee for purposes of making the calculations referred to in the forms attached hereto following paragraph, as Exhibit 14-1 and Exhibit 14-2set forth in written specifications or guidelines issued by the Trustee from time to time. Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, or the Trustee shall furnish by telecopy to the Master Servicer a statement (the information in such other forms as may statement to be mutually agreed upon made available to Certificateholders or the Depositor by the Seller Master Servicer on request) setting forth (i) the Available Distribution Amount, (ii) the amounts required to be withdrawn from the Custodial Account and any deposited into the Certificate Account on the immediately succeeding Certificate Account Deposit Date pursuant to clause (iii) of Section 4. 01 (a); and (iii) such other information with respect to the Mortgage Loans as the Trustee may reasonably require to perform the calculations necessary to make the distributions contemplated by Section 4.01 and to prepare the statements to Certificateholders contemplated by Section 4.02. The determination by the Trustee of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder.
(b) Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall notify the Master ServicerServicer of the aggregate amount of Advances required to be made for the related Distribution Date, which shall include among other informationbe the aggregate amount of Monthly Payments (with each interest portion thereof adjusted to be net of the related Servicing Fee Rate), less the number amount of days which each Loan is delinquent, and shall contain an explanation of all Servicing Advances made, the status of all Loans in foreclosure or otherwise the subject of litigation, and the status of all other collection efforts with respect to each Loan, and all realized losses detailed on a Form 332, attached as Exhibit 14-3, or in such other form as may be mutually agreed upon by the Seller and any related Master Servicer. In additionDebt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Relief Act, on or prior to the tenth calendar day of each month the Seller shall furnish to Purchaser an individual loan accounting report (“Report”), Outstanding Mortgage Loans as of the last Business Day related Due Date, which Monthly Payments were delinquent as of the prior monthclose of business as of the related Determination Date. On or before 3:00 P.M. New York time on each Certificate Account Deposit Date, in Purchaser’s assigned loan number order to document Loan payment activity on an individual Loan basis. Each Report the Master Servicer shall contain the following:
either (i) with deposit in the Certificate Account from its own funds, or funds received therefor from the Sub-Servicers, an amount equal to the Advances to be made by the Master Servicer in respect to each Monthly Paymentof the related Distribution Date, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Certificate Account all or a portion of the amounts held for future distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such remittance allocable Advance. Any portion of the amounts held for future distribution so used shall be replaced by the Master Servicer by deposit in the Custodial Account on or before 12:00 P.M. New York time on any future Certificate Account Deposit Date to principal the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Certificate Account on such Certificate Account Deposit Date shall be less than payments to Certificateholders required to be made on the following Distribution Date. Such allocations shall be conclusive for purposes of reimbursement to the Master Servicer from recoveries on the Mortgage Loans pursuant to Section 3.11. The determination by the Master Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by a certificate of a Servicing Officer delivered to the Sponsor and the Trustee. The Trustee shall deposit all funds it receives pursuant to this Section 4.03 into the Certificate Account.
(including a separate breakdown c) In the event that the Master Servicer determines on the Certificate Account Deposit Date that it will be unable to deposit in the Certificate Account an amount equal to the Advance required to be made for the immediately succeeding Distribution Date in the amount determined by the Trustee pursuant to paragraph (b) above, it shall give notice to the Trustee of any Principal Prepaymentits inability to advance (such notice may be given by telecopy), including not later than 3: 00 P.M., New York time, on such Business Day, specifying the date portion of such prepaymentamount that it will be unable to deposit. If the Master Servicer shall have determined that it is not obligated to make the entire Advance because all or a lesser portion of such Advance would not be recoverable from Insurance Proceeds, Liquidation Proceeds or otherwise, the Master Servicer shall promptly deliver to the Trustee for the benefit of the Certificateholders an Officer's Certificate setting forth the reasons for the Master Servicer's determination. Not later than 5:00 P.M., New York time, on the Certificate Account Deposit Date, unless by such time the Master Servicer shall have directly or indirectly deposited in the Certificate Account the entire amount of the Advances required to be made for the related Distribution Date, pursuant to Section 7.01, the Trustee shall (a) terminate all of the rights and any prepayment penalties, along with a detailed report obligations of interest on Principal Prepayment amounts remitted the Master Servicer under this Agreement in accordance with Section 11.14 of this Servicing Addendum);
(ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(iii) the amount of servicing compensation received by the Seller during the prior distribution period;
(iv) the aggregate Stated Principal Balance of the Loans;
(v) the aggregate of any expenses reimbursed to the Seller during the prior distribution period pursuant to Section 11.05 or 11.07 of this Servicing Addendum;
(vi) the number 7.01 and aggregate outstanding principal balances of Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as assume the rights and obligations of the Master Servicer hereunder, including the obligation to which foreclosure has commenced; (c) as deposit in the Certificate Account an amount equal to which REO Property has been acquired; (d) in bankruptcy and (e) which have become charged off Loans;
(vii) the unpaid principal balance of each Loan;
(viii) Advance for the current Due Date of each Loan; and
(ix) any such other related information as reasonably requested by the Purchaser. The Seller shall also provide a trial balance, sorted in Purchaser's assigned loan number order with each such Reportimmediately succeeding Distribution Date.
Appears in 2 contracts
Samples: Pooling and Servicing Agreement (Impac Secured Assets Corp), Pooling and Servicing Agreement (Impac Secured Assets Corp)
Remittance Reports. On or prior to the tenth calendar day fifth Business Day of each month, the Seller shall deliver to the Purchaser in electronic format and hard copy a remittance advice (a “Monthly Remittance Advice”) substantially in the forms attached hereto as Exhibit 14-1 and Exhibit 14-2, or in such other forms as may be mutually agreed upon by the Seller and any Master Servicer, which shall include among other information, the number of days which each Loan is delinquent, and shall contain an explanation of all Servicing Advances made, the status of all Loans in foreclosure or otherwise the subject of litigation, and the status of all other collection efforts with respect to each Loan, and all realized losses detailed on a Form 332, attached as Exhibit 14-3, or in such other form as may be mutually agreed upon by the Seller and any related Master Servicer. In addition, on or prior to the tenth calendar day fifth Business Day of each month the Seller shall furnish to Purchaser an individual loan accounting report (“Report”), as of the last Business Day of the prior month, in Purchaser’s assigned loan number order to document Loan payment activity on an individual Loan basis. Each Report shall contain the following:
(i) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any prepayment penalties, along with a detailed report of interest on Principal Prepayment amounts remitted in accordance with Section 11.14 of this Servicing Addendum);
(ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(iii) the amount of servicing compensation received by the Seller during the prior distribution period;
(iv) the aggregate Stated Principal Balance of the Loans;
(v) the aggregate of any expenses reimbursed to the Seller during the prior distribution period pursuant to Section 11.05 or 11.07 of this Servicing Addendum;
(vi) the number and aggregate outstanding principal balances of Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as to which foreclosure has commenced; (c) as to which REO Property has been acquired; (d) in bankruptcy and (e) which have become charged off Loans;
(vii) the unpaid principal balance of each Loan;
(viii) the current Due Date of each Loan; and
(ix) any such other related information as reasonably requested by the Purchaser. The Seller shall also provide a trial balance, sorted in Purchaser's assigned loan number order with each such Report.
Appears in 2 contracts
Samples: Master Loan Purchase and Servicing Agreement (MASTR Adjustable Rate Mortgages Trust 2006-2), Mortgage Loan Purchase and Servicing Agreement (TBW Mortgage-Backed Trust Series 2006-6)
Remittance Reports. On or prior to the tenth calendar day of Not later than 3:00 p.m. New York time on each monthDetermination Date, the Seller Servicer shall deliver to the Purchaser in electronic format and hard copy a remittance advice (a “Monthly Remittance Advice”) substantially in the forms attached hereto as Exhibit 14-1 and Exhibit 14-2, or in such other forms as may be mutually agreed upon by the Seller and any Master Servicer, which shall include among other informationTrustee, the number of days which each Loan is delinquent, and shall contain an explanation of all Servicing Advances madeNIMS Insurer, the status of all Loans in foreclosure or otherwise the subject of litigationAdvancing Party, and the status of all other collection efforts Certificate Insurer a computer tape or written report containing the information set forth on Exhibit R as to each Mortgage Loan with respect to each Loan, the related Due Period and all realized losses detailed on a Form 332, attached as Exhibit 14-3, or in Prepayment Period and such other form information with respect to the Mortgage Loans in the aggregate as may be mutually agreed upon the Trustee shall reasonably require. Not later than 1:00 p.m. New York time on each Distribution Date, the Trustee shall make available to the Depositor, the Servicer, the Advancing Party, the Certificate Insurer, the NIMS Insurer, Xxxxx'x, S&P and Fitch by telecopy, by request, a statement (the "Remittance Report") prepared based on the Mortgage Loan and Mortgage Loan Group information provided by the Seller and any related Master Servicer. In additionServicer on Exhibit R containing the information set forth below with respect to such Distribution Date, with a hard copy thereof to be delivered on or prior to the tenth calendar day of each month the Seller shall furnish to Purchaser an individual loan accounting report (“Report”), as of the last immediately succeeding Business Day of the prior month, in Purchaser’s assigned loan number order to document Loan payment activity on an individual Loan basis. Each Report shall contain the followingDay:
(i) with respect the Available Funds attributable to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, Mortgage Loan Group and any prepayment penalties, along with portion of the Available Funds that has been deposited in the Collection Account but may not be withdrawn therefrom pursuant to an order of a detailed report United States bankruptcy court of interest on Principal Prepayment amounts remitted in accordance with Section 11.14 of this Servicing Addendum)competent jurisdiction imposing a stay pursuant to Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code;
(ii) the Class A-1 Principal Balance, the Class A-2 Principal Balance, the Class A-3 Principal Balance, the Class A-4 Principal Balance and the Pool Principal Balance with respect to each Monthly PaymentMortgage Loan Group, as reported pursuant to subclause (xiii) below in the Remittance Report provided for the immediately preceding Distribution Date, or, in the case of the first Determination Date, the amount of such remittance allocable Original Class A-1 Principal Balance, the Original Class A-2 Principal Balance, the Original Class A-3 Principal Balance, the Original Class A-4 Principal Balance and the Original Pool Principal Balance with respect to interesteach Mortgage Loan Group;
(iii) with respect to the amount Mortgage Pool and each Mortgage Loan Group, the number and the aggregate Principal Balances of servicing compensation received by all Mortgage Loans which were the Seller subject of Principal Prepayments during the prior distribution periodrelated Prepayment Period;
(iv) with respect to the aggregate Stated Principal Balance Mortgage Pool and each Mortgage Loan Group, the amount of all Curtailments which were received during the Loansrelated Due Period;
(v) with respect to the Mortgage Pool and each Mortgage Loan Group, the aggregate amount of any expenses reimbursed to the Seller principal portions of all Monthly Payments received during the prior distribution period pursuant to Section 11.05 or 11.07 of this Servicing Addendumrelated Due Period;
(vi) with respect to the number Mortgage Pool and aggregate outstanding principal balances each Mortgage Loan Group, the amount of interest received on the Mortgage Loans during the related Due Period (a) delinquent (1) 30 to 59 daysand Prepayment Period, (2) 60 to 89 days, (3) 90 days or morein the case of interest on Principal Prepayments); (b) as to which foreclosure has commenced; (c) as to which REO Property has been acquired; (d) in bankruptcy and (e) which have become charged off Loans;113
(vii) with respect to the unpaid principal balance Mortgage Pool and each Mortgage Loan Group, the aggregate amount of each Loanthe Advances made with respect to such Distribution Date and the aggregate amount of recoveries during the related Due Period of previously made Advances;
(viii) with respect to the current Mortgage Pool and each Mortgage Loan Group, the delinquency and foreclosure information set forth in the form attached hereto as Exhibit H and the amount of Mortgage Loan Losses incurred during the related Due Period;
(ix) the Class A-1 Principal Balance, the Class A-2 Principal Balance, the Class A-3 Principal Balance and the Class A-4 Principal Balance after giving effect to the distribution to be made on such Distribution Date;
(x) with respect to the Mortgage Pool and each Mortgage Loan Group, the weighted average remaining maturity and the weighted average Mortgage Interest Rate of the Mortgage Loans in each Mortgage Loan Group as of the last day of the related Due Period;
(xi) the Servicing Fees paid and Servicing Fees accrued during the related Due Period;
(xii) the amount of all payments or reimbursements to the Servicer pursuant to Section 5.04(ii), (iv), (v), (vi) and (vii) paid or to be paid since the prior Distribution Date (or in the case of the first Distribution Date, since the Closing Date);
(xiii) the Pool Principal Balance and aggregate Principal Balance for each LoanMortgage Loan Group as of the last day of the related Due Period (after giving effect to all Principal Prepayments during the related Prepayment Period);
(xiv) such other information as the Certificate Insurer, the NIMS Insurer and the Certificateholders may reasonably require;
(xv) the amounts of Reimbursable Amounts and Nonrecoverable Advances and interest on Advances which are reimbursable to the Servicer, the Transferor or the Depositor, as appropriate, pursuant to Section 6.05;
(xvi) with respect to the Mortgage Pool and each Mortgage Loan Group, the number of Mortgage Loans outstanding at the beginning and at the end of the related Due Period (after giving effect to all Principal Prepayments received during the related Prepayment Period);
(xvii) the aggregate interest accrued on the Mortgage Loans at their respective Mortgage Interest Rates for the related Due Period;
(xviii) the Overcollateralized Amount, the Overcollateralization Target Amount and any Overcollateralization Deficiency Amount for each Certificate Group for such Distribution Date, in each case after giving effect to distributions on such Distribution Date;
(xix) the aggregate cumulative Mortgage Loan Losses since the Cut-off Date as of the end of the related Due Period;
(xx) the Pass-Through Rate for each Class of Class A Certificates for the related Accrual Period, stating in each case whether the Pass-Through Rate equals the applicable Net Funds Cap Rate;
(xxi) the aggregate amount of interest and/or principal (reported separately) to be distributed on each Class of Certificates on such Distribution Date;
(xxii) the aggregate amount of Principal Prepayments made during the related Prepayment Period; and
(ixxxiii) an itemization of each Servicing Advance made and reimbursed during the preceding Due Period, by loan number, borrower name, property address, dollar amount, date paid, date reimbursed (if applicable), and the purpose for the Servicing Advance. The Trustee will make such report available on each Distribution Date to Certificateholders and the Rating Agencies via the Trustee's website at xxx.xxxxxxxxxxxx.xxx. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the Trustee at (000) 000-0000 and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all parties regarding any such other related changes. The Depositor and the Trustee may fully rely upon and shall have no liability with respect to information as reasonably requested provided by the PurchaserServicer. The Seller To the extent that there are inconsistencies between the telecopy of the Remittance Report and the hard copy thereof, the Servicer and the Trustee may rely upon the telecopy. In the case of information furnished pursuant to subclause (xxi) above, the amounts shall also provide be expressed in a trial balance, sorted in Purchaser's assigned loan number order with separate section of the report as a dollar amount for each such Reportof the Class A Certificates for each $1,000 original principal amount as of the Cut-off Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Eqcc Receivables Corp)
Remittance Reports. On or prior to the tenth calendar day fifth Business Day of each month, the Seller shall deliver to the Purchaser in electronic format and hard copy a remittance advice (a “Monthly Remittance Advice”) substantially in the forms attached hereto as Exhibit 14-1 and Exhibit 14-2, or in such other forms as may be mutually agreed upon by the Seller and any Master Servicer, which shall include among other information, the number of days which each Loan is delinquent, and shall contain an explanation of all Servicing Advances made, the status of all Loans in foreclosure or otherwise the subject of litigation, and the status of all other collection efforts with respect to each Loan, and all realized losses detailed on a Form 332, attached as Exhibit 14-3, or in such other form as may be mutually agreed upon by the Seller and any related Master Servicer. In addition, on or prior to the tenth calendar day fifth Business Day of each month the Seller shall furnish to Purchaser an individual loan accounting report (“Report”), as of the last Business Day of the prior month, in Purchaser’s assigned loan number order to document Loan payment activity on an individual Loan basis. Each Report shall contain the following:
(i) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any prepayment penalties, along with a detailed report of interest on Principal Prepayment amounts remitted in accordance with Section 11.14 of this Servicing Addendum);
(ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(iii) the amount of servicing compensation received by the Seller during the prior distribution period;
(iv) the aggregate Stated Principal Balance of the Loans;
(v) the aggregate of any expenses reimbursed to the Seller during the prior distribution period pursuant to Section 11.05 or 11.07 of this Servicing Addendum;
(vi) the number and aggregate outstanding principal balances of Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as to which foreclosure has commenced; (c) as to which REO Property has been acquired; (d) in bankruptcy and (e) which have become charged off Loans;
(vii) the unpaid principal balance of each Loan;
(viii) the current Due Date of each Loan; and
(ix) any such other related information as reasonably requested by the Purchaser. The Seller shall also provide a trial balance, sorted in Purchaser's assigned loan number order with each such Report.
Appears in 1 contract
Samples: Master Loan Purchase and Servicing Agreement (MASTR Alternative Loan Trust 2007-1)
Remittance Reports. On or prior to the tenth calendar day of each monththe month in which such Distribution Date occurs, or if such tenth day is not a Business Day, the Business Day immediately following such tenth day, the Seller shall deliver to the Purchaser in electronic format and hard copy a remittance advice (a “"Monthly Remittance Advice”") substantially in the forms attached hereto as Exhibit 14-1 and Exhibit 14-2, or in such other forms as may be mutually agreed upon by the Seller and any Master Servicer, which shall include among other information, the number of days which each Loan is delinquent, and shall contain an explanation of all Servicing Advances made, the status of all Loans in foreclosure or otherwise the subject of litigation, and the status of all other collection efforts with respect to each Loan, and all realized losses detailed on a Form 332, attached as Exhibit 14-3, or in such other form as may be mutually agreed upon by the Seller and any related Master Servicer. In addition, on or prior to the tenth calendar day of each month the Seller shall furnish to Purchaser an individual loan accounting report (“"Report”"), as of the last Business Day of the prior month, in Purchaser’s 's assigned loan number order to document Loan payment activity on an individual Loan basis. Each Report shall contain the following:
(i) with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any prepayment penalties, along with a detailed report of interest on Principal Prepayment amounts remitted in accordance with Section 11.14 of this Servicing Addendum);
(ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(iii) the amount of servicing compensation received by the Seller during the prior distribution period;
(iv) the aggregate Stated Principal Balance of the Loans;
(v) the aggregate of any expenses reimbursed to the Seller during the prior distribution period pursuant to Section 11.05 or 11.07 of this Servicing Addendum;
(vi) the number and aggregate outstanding principal balances of Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as to which foreclosure has commenced; (c) as to which REO Property has been acquired; (d) in bankruptcy and (e) which have become charged off Loans;
(vii) the unpaid principal balance of each Loan;
(viii) the current Due Date of each Loan; and
(ix) any such other related information as reasonably requested by the Purchaser. The Seller shall also provide a trial balance, sorted in Purchaser's assigned loan number order with each such Report.
Appears in 1 contract
Samples: Mortgage Loan Purchase and Servicing Agreement (TBW Mortgage-Backed Trust Series 2007-1)
Remittance Reports. On or prior to the tenth calendar day of Not later than 3:00 p.m. New York time on each monthDetermination Date, the Seller Servicer shall deliver to the Purchaser in electronic format and hard copy a remittance advice (a “Monthly Remittance Advice”) substantially in the forms attached hereto as Exhibit 14-1 and Exhibit 14-2, or in such other forms as may be mutually agreed upon by the Seller and any Master Servicer, which shall include among other informationTrustee, the number of days which each Loan is delinquent, and shall contain an explanation of all Servicing Advances madeNIMS Insurer, the status of all Loans in foreclosure or otherwise the subject of litigation, Advancing Party and the status of all other collection efforts Certificate Insurer a computer tape or written report containing the information set forth on Exhibit R as to each Mortgage --------- Loan with respect to each Loan, the related Due Period and all realized losses detailed on a Form 332, attached as Exhibit 14-3, or in Prepayment Period and such other form information with respect to the Mortgage Loans in the aggregate as may be mutually agreed upon the Trustee shall reasonably require. Not later than 1:00 p.m. New York time on each Distribution Date, the Trustee shall make available to the Depositor, the Servicer, the Advancing Party, the Certificate Insurer, the NIMS Insurer, Xxxxx'x, Fitch and S&P by telecopy, by request, a statement (the "Remittance ---------- Report") prepared based on the Mortgage Loan and Mortgage Loan Group information ------ provided by the Seller and any related Master Servicer. In additionServicer on Exhibit R containing the information set forth below --------- with respect to such Distribution Date, with a hard copy thereof to be delivered on or prior to the tenth calendar day of each month the Seller shall furnish to Purchaser an individual loan accounting report (“Report”), as of the last immediately succeeding Business Day of the prior month, in Purchaser’s assigned loan number order to document Loan payment activity on an individual Loan basis. Each Report shall contain the followingDay:
(i) the Available Funds attributable to each Mortgage Loan Group and any portion of the Available Funds that has been deposited in the Collection Account but may not be withdrawn therefrom pursuant to an order of a United States bankruptcy court of competent jurisdiction imposing a stay pursuant to Xxxxxxx 000 xx xxx Xxxxxx Xxxxxx Bankruptcy Code and separately indicating the amount of Interest Advances made with respect to each Monthly Payment, the amount of such remittance allocable to principal (including a separate breakdown of any Principal Prepayment, including the date of such prepayment, and any prepayment penalties, along with a detailed report of interest on Principal Prepayment amounts remitted in accordance with Section 11.14 of this Servicing Addendum)Mortgage Loan Group;
(ii) the Class A-1 Principal Balance, the Class A-2 Principal Balance, the Class A-3 Principal Balance, the Class A-4 Principal Balance, and the Pool Principal Balance with respect to each Monthly PaymentMortgage Loan Group, as reported pursuant to subclause (xiii) below in the Remittance Report ---------------- provided for the immediately preceding Distribution Date, or, in the case of the first Determination Date, the amount of such remittance allocable Original Class A-1 Principal Balance, the Original Class A-2 Principal Balance, the Original Class A-3 Principal Balance, the Original Class A-4 Principal Balance, the Original Class A-5 Principal Balance, the Original Class A-6 Principal Balance, the Original Class A-7 Principal Balance, and the Original Pool Principal Balance with respect to interesteach Mortgage Loan Group;
(iii) with respect to the amount Mortgage Pool and each Mortgage Loan Group, the number and the aggregate Principal Balances of servicing compensation received by all Mortgage Loans which were the Seller subject of Principal Prepayments during the prior distribution periodrelated Prepayment Period;
(iv) with respect to the aggregate Stated Principal Balance Mortgage Pool and each Mortgage Loan Group, the amount of all Curtailments which were received during the Loansrelated Due Period;
(v) with respect to the Mortgage Pool and each Mortgage Loan Group, the aggregate amount of any expenses reimbursed to the Seller principal portions of all Monthly Payments received during the prior distribution period pursuant to Section 11.05 or 11.07 of this Servicing Addendumrelated Due Period;
(vi) with respect to the number Mortgage Pool and aggregate outstanding principal balances each Mortgage Loan Group, the amount of interest received on the Mortgage Loans during the related Due Period (a) delinquent (1) 30 to 59 daysand Prepayment Period, (2) 60 to 89 days, (3) 90 days or more; (b) as to which foreclosure has commenced; (c) as to which REO Property has been acquired; (d) in bankruptcy and (e) which have become charged off Loansthe case of interest on Principal Prepayments);
(vii) with respect to the unpaid principal balance Mortgage Pool and each Mortgage Loan Group, the aggregate amount of each Loanthe Interest Advances made with respect to such Distribution Date and the aggregate amount of recoveries during the related Due Period of previously made Interest Advances;
(viii) with respect to the current Mortgage Pool and each Mortgage Loan Group, the delinquency and foreclosure information set forth in the form attached hereto as Exhibit H and the amount of Mortgage Loan Losses incurred during --------- the related Due Period;
(ix) the Class A-1 Principal Balance, the Class A-2 Principal Balance, the Class A-3 Principal Balance, the Class A-4 Principal Balance, the Class A-5 Principal Balance, the Class A-6 Principal Balance and the Class A-7 Principal Balance after giving effect to the distribution to be made on such Distribution Date;
(x) with respect to the Mortgage Pool and each Mortgage Loan Group, the weighted average remaining maturity and the weighted average Mortgage Interest Rate of the Mortgage Loans in each Mortgage Loan Group as of the last day of the related Due Period;
(xi) the Servicing Fees paid and Servicing Fees accrued during the related Due Period;
(xii) the amount of all payments or reimbursements to the Servicer pursuant to Section 5.04(ii), (iv), (v), (vi) and (vii) paid or to be paid ---------------- ---- --- ---- ----- since the prior Distribution Date (or in the case of the first Distribution Date, since the Closing Date);
(xiii) the Pool Principal Balance and aggregate Principal Balance for each LoanMortgage Loan Group as of the last day of the related Due Period (after giving effect to all Principal Prepayments received during the related Prepayment Period);
(xiv) such other information as the Certificate Insurer, the NIMS Insurer and the Certificateholders may reasonably require;
(xvi) with respect to the Mortgage Pool and each Mortgage Loan Group, the number of Mortgage Loans outstanding at the beginning and at the end of the related Due Period (after giving effect to all Principal Prepayments received during the related Prepayment Period);
(xvii) the aggregate interest accrued on the Mortgage Loans at their respective Mortgage Interest Rates for the related Due Period;
(xviii) the Overcollateralized Amount, the Overcollateralization Target Amount and any Overcollateralization Deficiency Amount for each Certificate Group for such Distribution Date, in each case after giving effect to distributions on such Distribution Date;
(xix) the aggregate cumulative Mortgage Loan Losses since the Cut-off Date as of the end of the related Due Period;
(xx) the Pass-Through Rate for each Class of Class A Certificates for the related Accrual Period, stating in each case whether the Pass-Through Rate equals the applicable Net Funds Cap Rate;
(xxi) the aggregate amount of interest and/or principal (reported separately) to be distributed on each Class of Certificates on such Distribution Date;
(xxii) the aggregate amount of Principal Prepayments made during the related Prepayment Period; and
(ixxxiii) an itemization of each Servicing Advance made and reimbursed during the preceding Due Period, by loan number, borrower name, property address, dollar amount, date paid, date reimbursed (if applicable), and the purpose for the Servicing Advance. The Trustee will make such report available on each Distribution Date to Certificateholders and the Rating Agencies via the Trustee's website at xxx.xxxxxxxxxxxx.xxx. Parties that are unable to use the website are entitled to have a paper copy mailed to them via first class mail by calling the Trustee at (000) 000-0000 and indicating such. The Trustee shall have the right to change the way such statements are distributed in order to make such distribution more convenient and/or more accessible to the above parties and the Trustee shall provide timely and adequate notification to all parties regarding any such other related changes. The Depositor and the Trustee may fully rely upon and shall have no liability with respect to information as reasonably requested provided by the PurchaserServicer. The Seller Trustee shall also provide deliver the report to the Certificate Insurer via hard copy or electronic mail pursuant to delivery instructions provided by the Certificate Insurer to the Trustee. To the extent that there are inconsistencies between the telecopy of the Remittance Report and the hard copy thereof, the Servicer and the Trustee may rely upon the telecopy. In the case of information furnished pursuant to subclause (xxi) above, --------------------- the amounts shall be expressed in a trial balance, sorted in Purchaser's assigned loan number order with separate section of the report as a dollar amount for each such Reportof the Class A Certificates for each $1,000 original principal amount as of the Cut-off Date.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Eqcc Receivables Corp)
Remittance Reports. On or prior to Advances by the tenth calendar day of Master Servicer.
(a) By 11:00 A.M. New York time the Business Day following each monthDetermination Date, the Seller Master Servicer shall deliver to the Purchaser in electronic format and hard copy Trustee a remittance advice report, prepared as of the close of business on the Determination Date (a the “Monthly Remittance Advice”) substantially in the forms attached hereto as Exhibit 14-1 and Exhibit 14-2, or in such other forms as may be mutually agreed upon by the Seller and any Master Servicer, which shall include among other information, the number of days which each Loan is delinquent, and shall contain an explanation of all Servicing Advances made, the status of all Loans in foreclosure or otherwise the subject of litigation, and the status of all other collection efforts with respect to each Loan, and all realized losses detailed on a Form 332, attached as Exhibit 14-3, or in such other form as may be mutually agreed upon by the Seller and any related Master Servicer. In addition, on or prior to the tenth calendar day of each month the Seller shall furnish to Purchaser an individual loan accounting report (“Determination Date Report”), by telecopy or in a mutually agreeable electronic format. The Determination Date Report and any written information supplemental thereto shall include such information with respect to the Mortgage Loans that is reasonably available to the Master Servicer and that is required by the Trustee for purposes of making the calculations referred to in the following paragraph, as set forth in written specifications or guidelines issued by the Trustee from time to time. Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall furnish by telecopy to the Master Servicer a statement (the information in such statement to be made available to Certificateholders or the Depositor by the Master Servicer on request) setting forth (i) the Available Distribution Amount, (ii) the amounts required to be withdrawn from the Custodial Account and deposited into the Certificate Account on the immediately succeeding Certificate Account Deposit Date pursuant to clause (iii) of Section 4.01 (a); and (iii) such other information with respect to the Mortgage Loans as the Trustee may reasonably require to perform the calculations necessary to make the distributions contemplated by Section 4.01 and to prepare the statements to Certificateholders contemplated by Section 4.02. The determination by the Trustee of such amounts shall, in the absence of obvious error, be presumptively deemed to be correct for all purposes hereunder.
(b) Not later than 2:00 P.M. New York time on the Certificate Account Deposit Date, the Trustee shall notify the Master Servicer of the aggregate amount of Advances required to be made for the related Distribution Date, which shall be the aggregate amount of Monthly Payments (with each interest portion thereof adjusted to be net of the related Servicing Fee Rate), less the amount of any related Debt Service Reductions or reductions in the amount of interest collectable from the Mortgagor pursuant to the Relief Act, on the Outstanding Mortgage Loans as of the last Business Day related Due Date, which Monthly Payments were delinquent as of the prior monthclose of business as of the related Determination Date, in Purchaser’s assigned loan number order provided that following the reduction of the Certificate Principal Balances of the Class B Certificates to document Loan payment activity zero no Advance shall be made if it would be a Nonrecoverable Advance. On or before 3:00 P.M. New York time on an individual Loan basis. Each Report each Certificate Account Deposit Date, the Master Servicer shall contain the following:
either (i) with deposit in the Certificate Account from its own funds, or funds received therefor from the Sub-Servicers, an amount equal to the Advances to be made by the Master Servicer in respect to each Monthly Paymentof the related Distribution Date, (ii) withdraw from amounts on deposit in the Custodial Account and deposit in the Certificate Account all or a portion of the amounts held for future distribution in discharge of any such Advance, or (iii) make advances in the form of any combination of (i) and (ii) aggregating the amount of such remittance allocable Advance. Any portion of the amounts held for future distribution so used shall be replaced by the Master Servicer by deposit in the Custodial Account on or before 12: 00 P.M. New York time on any future Certificate Account Deposit Date to principal (including a separate breakdown the extent that funds attributable to the Mortgage Loans that are available in the Custodial Account for deposit in the Certificate Account on such Certificate Account Deposit Date shall be less than payments to Certificateholders required to be made on the following Distribution Date. The amount of any Principal Prepaymentreimbursement pursuant to Section 4.01(b)(iii) in respect of outstanding Advances on any Distribution Date shall be allocated to specific Monthly Payments due but delinquent for previous Due Periods, including which allocation shall be made, to the date extent practicable, to Monthly Payments which have been delinquent for the longest period of time. Such allocations shall be conclusive for purposes of reimbursement to the Master Servicer from recoveries on the Mortgage Loans pursuant to Section 3.11. The determination by the Master Servicer that it has made a Nonrecoverable Advance or that any proposed Advance, if made, would constitute a Nonrecoverable Advance, shall be evidenced by a certificate of a Servicing Officer delivered to the Seller and the Trustee. The Trustee shall deposit all funds it receives pursuant to this Section 4.03 into the Certificate Account.
(c) In the event that the Master Servicer determines on the Certificate Account Deposit Date that it will be unable to deposit in the Certificate Account an amount equal to the Advance required to be made for the immediately succeeding Distribution Date in the amount determined by the Trustee pursuant to paragraph (b) above, it shall give notice to the Trustee of its inability to advance (such notice may be given by telecopy), not later than 3:00 P.M., New York time, on such Business Day, specifying the portion of such prepaymentamount that it will be unable to deposit. If the Master Servicer shall have determined that it is not obligated to make the entire Advance because all or a lesser portion of such Advance would not be recoverable from Insurance Proceeds, Liquidation Proceeds or otherwise, the Master Servicer shall promptly deliver to the Trustee for the benefit of the Certificateholders an Officer’s Certificate setting forth the reasons for the Master Servicer’s determination. Not later than 5:00 P.M., New York time, on the Certificate Account Deposit Date, unless by such time the Master Servicer shall have directly or indirectly deposited in the Certificate Account the entire amount of the Advances required to be made for the related Distribution Date, pursuant to Section 7.01, the Trustee shall (a) terminate all of the rights and any prepayment penalties, along with a detailed report obligations of interest on Principal Prepayment amounts remitted the Master Servicer under this Agreement in accordance with Section 11.14 of this Servicing Addendum);
(ii) with respect to each Monthly Payment, the amount of such remittance allocable to interest;
(iii) the amount of servicing compensation received by the Seller during the prior distribution period;
(iv) the aggregate Stated Principal Balance of the Loans;
(v) the aggregate of any expenses reimbursed to the Seller during the prior distribution period pursuant to Section 11.05 or 11.07 of this Servicing Addendum;
(vi) the number 7.01 and aggregate outstanding principal balances of Loans (a) delinquent (1) 30 to 59 days, (2) 60 to 89 days, (3) 90 days or more; (b) as assume the rights and obligations of the Master Servicer hereunder, including the obligation to which foreclosure has commenced; (c) as deposit in the Certificate Account an amount equal to which REO Property has been acquired; (d) in bankruptcy and (e) which have become charged off Loans;
(vii) the unpaid principal balance of each Loan;
(viii) Advance for the current Due Date of each Loan; and
(ix) any such other related information as reasonably requested by the Purchaser. The Seller shall also provide a trial balance, sorted in Purchaser's assigned loan number order with each such Reportimmediately succeeding Distribution Date.
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Samples: Pooling and Servicing Agreement (Shellpoint Mortgage Acceptance LLC)