Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will immediately notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 have been or will be so deposited, of a Servicing Officer and shall request delivery to it of the portion of the Mortgage File held by the Purchaser or its designee. Upon receipt of such certification and request, the Purchaser shall promptly release the related mortgage documents to the Seller and the Seller shall prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documents, the Seller shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. From time to time and as appropriate for the servicing or foreclosure of the Mortgage Loans, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the Seller. Such servicing receipt shall obligate the Seller to return such Mortgage Loan Documents to the Purchaser or its designee when the need therefor by the Seller no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the Seller.
Appears in 1 contract
Samples: Warranties and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Subservicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will immediately Subservicer shall notify the Purchaser Servicer in the monthly remittance advice as provided in Section 4.02, and may request the release of any Mortgage Loan Documents from Custodian in accordance with this Section 5.02 hereof. The Subservicer shall cause a satisfaction of mortgage to be prepared and recorded, if required by a certification federal, state or local laws and any other requirements of a Servicing Officer, which certification shall include a statement any government or agency or instrumentality thereof applicable to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 have been or will be so deposited, of a Servicing Officer and shall request delivery to it of the portion servicing of the Mortgage File held Loans by the Purchaser or its designee. Upon receipt of such certification and requestSubservicer, within the Purchaser shall promptly release the related mortgage documents to the Seller and the Seller shall prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full releasetime frame so prescribed. In the event the Seller Subservicer fails to do so, the Subservicer shall be responsible for any and all penalties, fines, and damages arising out of or based upon such failure; provided, however, that the Subservicer shall not be responsible for any such penalties, fines and damages if the delay resulted from the failure of the applicable Mortgage Loan Holder, Custodian or the Servicer to provide any documents required to record a satisfaction of that Mortgage in a timely fashion. Subservicer will cooperate with the Servicer to the fullest extent reasonable to recover any loss, cost or expense related to delays caused by any party. If the Subservicer satisfies or releases a Mortgage without first having obtained payment in full of the indebtedness secured by the Mortgage (other than in connection with a short sale or similar loss mitigation strategy) or should it the Subservicer otherwise prejudice any right rights the Purchaser Servicer may have under the Mortgage Loan Documentsmortgage instruments, the Seller Subservicer shall remit (i) within five sixty (560) Business Days days of discovery thereof, reinstate such Mortgage and (ii) to the Purchaser of extent the Subservicer is unable to reinstate the related Mortgage within such satisfaction or release sixty (60) day period, deposit into the then Custodial Account the entire outstanding principal balance of the related Mortgage Loan by deposit thereof in within two (2) Business Days following such sixty (60) day period. The Subservicer shall maintain the Custodial Account. From time to time Fidelity Bond and as appropriate for the servicing or foreclosure of the Mortgage Loans, including for the purpose of collection under any Primary Mortgage Errors and Omissions Insurance Policy or LPMI Policy, as provided for in Section 3.12 insuring the Purchaser or its designee shall, upon request of the Seller and delivery Subservicer against any loss it may sustain with respect to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the Seller. Such servicing receipt shall obligate the Seller to return such any Mortgage Loan Documents to not satisfied in accordance with the Purchaser or its designee when the need therefor by the Seller no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the Sellerprocedures set forth herein.
Appears in 1 contract
Samples: Subservicing Agreement (Provident Mortgage Capital Associates, Inc.)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will immediately shall notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to monthly remittance advice as provided in Section 4.04 have been or will be so deposited6.02, and may request the release of a Servicing Officer and shall request delivery to it of the portion of the any Mortgage File held by Loan Documents from the Purchaser or its designeein accordance with this Section 7.02. Upon The Purchaser shall no later than five (5) Business Days after receipt of such certification and request, release or cause to be released to the Purchaser shall promptly release Seller, the related mortgage documents to the Seller and Mortgage Loan Documents and, upon its receipt of such documents, the Seller shall promptly prepare and process any deliver to the Purchaser the requisite satisfaction or release. No expense incurred in connection with any instrument later than three (3) Business Days following its receipt of such satisfaction or deed of reconveyance release, the Purchaser shall deliver, or cause to be chargeable delivered, to the Custodial Account Seller the release or satisfaction properly executed by the Purchaserowner of record of the applicable Mortgage or its duly appointed attorney in fact. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event If the Seller satisfies or releases a Mortgage without first having obtained payment in full of the indebtedness secured by the Mortgage or should it the Seller otherwise prejudice any right rights the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller shall remit within five (5) Business Days to deposit into the Purchaser of such satisfaction or release Custodial Account the then outstanding principal balance balance, plus all accrued interest on such Mortgage Loan, on the day preceding the Remittance Date in the month following the date of such release. The Seller shall maintain the related Fidelity Bond and Errors and Omissions Insurance Policy as provided for in Section 5.13 insuring the Seller against any loss it may sustain with respect to any Mortgage Loan by deposit thereof not satisfied in accordance with the Custodial Accountprocedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage Loans, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the Seller. Such servicing receipt shall obligate the Seller to return such Mortgage Loan Documents to the Purchaser or its designee when the need therefor by the Seller no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate an Officer’s Certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the Seller.
Appears in 1 contract
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Company of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Company will immediately notify the Purchaser by a certification of a Servicing Officercertification, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 have been or will be so deposited, of a Servicing Officer and shall request delivery to it of the portion of the Mortgage File held by the Purchaser. The Purchaser or its designee. Upon shall no later than five Business Days after receipt of such certification and request, release or cause to be released to the Company, the related Mortgage Loan Documents and, upon its receipt of such documents, the Company shall promptly prepare and deliver to the Purchaser the requisite satisfaction or release. No later than five (5) Business Days following its receipt of such satisfaction or release, the Purchaser shall promptly release the related mortgage documents deliver, or cause to be delivered, to the Seller and Company the Seller shall prepare and process any release or satisfaction properly executed by the owner of record of the applicable mortgage or releaseits duly appointed attorney in fact. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full releaseAccount. In the event the Seller Company satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller Company, upon written demand, shall remit within five two (52) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Company shall maintain the Fidelity Bond and errors and omissions insurance insuring the Company against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including for the purpose of collection under any Primary Mortgage Insurance Policy [or LPMI Lender Primary Mortgage Insurance Policy], the Purchaser or its designee shall, upon request of the Seller Company and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the SellerCompany. Such servicing receipt shall obligate the Seller Company to return such the related Mortgage Loan Documents documents to the Purchaser or its designee when the need therefor by the Seller Company no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller Company has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the SellerCompany.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2007-Ac5)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser by a certification of a Servicing Officercertification, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 have been or will be so deposited, of a Servicing Officer and shall request delivery to it of the portion of the Mortgage File held by the Purchaser. The Purchaser or its designee. Upon shall no later than five (5) Business Days after receipt of such certification and request, release or cause to be released to the Servicer, the related Mortgage Loan Documents and, upon its receipt of such documents, the Servicer shall promptly prepare and deliver to the Purchaser the requisite satisfaction or release. No later than five (5) Business Days following its receipt of such satisfaction or release, the Purchaser shall promptly release the related mortgage documents deliver, or cause to be delivered, to the Seller and Servicer the Seller shall prepare and process any release or satisfaction properly executed by the owner of record of the applicable mortgage or releaseits duly appointed attorney in fact. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full releaseAccount. In the event the Seller Servicer satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller Servicer, upon written demand, shall remit within five two (52) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Servicer shall maintain the Fidelity Bond and errors and omissions insurance insuring the Servicer against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Lender Primary Mortgage Insurance Policy, the Purchaser or its designee shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the SellerServicer. Such servicing receipt shall obligate the Seller Servicer to return such the related Mortgage Loan Documents documents to the Purchaser or its designee when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller Servicer has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the SellerServicer.
Appears in 1 contract
Samples: Purchase, Warranties and Servicing Agreement (Homebanc Corp)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Collection Account pursuant to Section 4.04 SECTION 5.04 have been or will be so deposited, of a Servicing Officer deposited and shall request delivery to it of the portion of the Purchaser's Mortgage File held by the Purchaser or its designee. Upon receipt of such certification and request, the Purchaser shall promptly release the related mortgage documents to the Seller Servicer and the Seller Servicer shall promptly prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the PurchaserCollection Account. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller Servicer satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage Mortgage, or should it otherwise prejudice any right take such action which results in a reduction of the coverage under the Primary Insurance Policy, if any, then the Servicer shall promptly give written notice thereof to the Purchaser, and, within 10 Business Days following written demand therefor from the Purchaser may have under to the Mortgage Loan DocumentsServicer, the Seller Servicer shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of repurchase the related Mortgage Loan by deposit thereof in paying to the Custodial Purchaser the Repurchase Price therefor by wire transfer of immediately available funds directly to the Purchaser's Account. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including for the this purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its Purchaser's designee shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the SellerServicer. Such servicing receipt shall obligate the Seller Servicer to return such the related Mortgage Loan Documents documents to the Purchaser or its designee when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Collection Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judiciallynonjudicially, and the Seller Servicer has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidatedliquidated and the Liquidation Proceeds were deposited in the Collection Account, the servicing receipt shall be released by the Purchaser or its designee to the SellerServicer.
Appears in 1 contract
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Revolving Credit Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Collection Account pursuant to Section 4.04 5.04 have been or will be so deposited, of a Servicing Officer deposited and shall request delivery to it of the portion of the Purchaser's Mortgage File held by the Purchaser or its designeePurchaser. Upon receipt of such certification and request, the Purchaser shall promptly release the related mortgage documents to the Seller Servicer and the Seller Servicer shall promptly prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the PurchaserCollection Account. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller Servicer satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage Mortgage, or should it otherwise prejudice any right take such action which materially and adversely affects the value or marketability of a Revolving Credit Loan, or results in a reduction of the coverage under the Purchaser-Paid Mortgage Insurance Policy, if any, then the Servicer shall promptly give written notice thereof to the Purchaser, and, within 10 Business Days following written demand therefor from the Purchaser may have under to the Mortgage Loan DocumentsServicer, the Seller Servicer shall remit within five (5) Business Days repurchase the related Revolving Credit Loan by paying to the Purchaser the Repurchase Price therefor by wire transfer of such satisfaction or release immediately available funds directly to the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Purchaser's Account. EXECUTION COPY ** Confidential treatment requested From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansRevolving Credit Loan, including for the this purpose of collection under any Primary Purchaser-Paid Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Purchaser's Mortgage File held by the Purchaser or its designee to the SellerServicer. Such servicing receipt shall obligate the Seller Servicer to return such Mortgage Loan Documents the related mortgage documents to the Purchaser or its designee when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Revolving Credit Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Revolving Credit Loan have been deposited in the Custodial Collection Account or the Purchaser's Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judiciallynonjudicially, and the Seller Servicer has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Purchaser's Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Revolving Credit Loan was liquidatedliquidated and the Liquidation Proceeds were deposited in the Collection Account, the servicing receipt shall be released by the Purchaser or its designee to the SellerServicer.
Appears in 1 contract
Samples: Servicing Agreement (E Loan Inc)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller applicable Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller applicable Servicer will immediately notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 have been or will be so deposited, of a Servicing Officer deposited and shall request delivery to it of the portion of the Mortgage File held by the Purchaser. The Purchaser or its designee. Upon shall no later than five (5) Business Days after receipt of such certification and request, release or cause to be released to the applicable Servicer, the related Mortgage Loan Documents and, upon its receipt of such documents, the applicable Servicer shall promptly prepare and deliver to the Purchaser and execute the requisite satisfaction or release. No later than three Business Days following its receipt of such satisfaction or release, the Purchaser shall promptly release the related mortgage documents deliver, or cause to be delivered, to the Seller and applicable Servicer the Seller shall prepare and process any release or satisfaction properly executed by the owner of record of the applicable Mortgage or releaseits duly appointed attorney in fact. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full releaseAccount. In the event the Seller a Servicer satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller applicable Servicer, upon written demand, shall remit within five two (52) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. Each Servicer shall maintain the Fidelity Bond and errors and omissions insurance insuring the applicable Servicer against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller applicable Servicer and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the Sellerapplicable Servicer. Such servicing receipt shall obligate the Seller applicable Servicer to return such the related Mortgage Loan Documents to the Purchaser or its designee when the need therefor by the Seller applicable Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller applicable Servicer has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the Sellerapplicable Servicer.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (J.P. Morgan Alternative Loan Trust 2006-A1)
Satisfaction of Mortgages and Release of Mortgage Files. The Servicer shall not grant a satisfaction or release of a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or otherwise prejudice any right the Certificateholders may have under the mortgage instruments, subject to Section 5.01 hereof. The Servicer shall maintain the Fidelity Bond as provided for in Section 5.09 insuring the Servicer against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser Trustee, by a certification an Officers' Certificate in the form of a Servicing Officer, Exhibit J attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial applicable Principal and Interest Account pursuant to Section 4.04 5.03 have been or will be so deposited, ) of a Servicing Officer and shall request delivery to it of the portion of the Trustee's Mortgage File held by the Purchaser or its designeeFile. Upon receipt of such certification and request, the Purchaser Trustee shall promptly release the related mortgage documents Trustee's Mortgage File to the Seller and the Seller shall prepare and process any satisfaction or releaseServicer. No expense Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable only from and to the extent of servicing compensation and shall not be chargeable to the Custodial Principal and Interest Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documents, the Seller shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial AccountCertificate Accounts. From time to time and as appropriate for the servicing or foreclosure of the any Mortgage LoansLoan, including including, for the purpose of this purpose, collection under any Primary Mortgage Insurance Policy or LPMI Policyprimary mortgage guaranty insurance policy, the Purchaser or its designee Trustee shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee Trustee of a servicing receipt certification in the form of Exhibit J attached hereto signed by a Servicing Officer, release the portion of the related Trustee's Mortgage File held by the Purchaser or its designee to the SellerServicer, and the Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. Such servicing receipt shall obligate the Seller Servicer to return such the Mortgage Loan Documents File to the Purchaser or its designee Trustee when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial applicable Principal and Interest Account and remitted to the Trustee for deposit in the applicable Certificate Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller Servicer has delivered to the Purchaser or its designee Trustee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee Trustee to the SellerServicer. The Trustee shall execute and deliver to the Servicer any court pleadings, requests for trustee's sale or other documents necessary to the foreclosure or trustee's sale in respect of a Mortgaged Property or to any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Mortgage or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the Mortgage Note or Mortgage or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Trustee will not invalidate or otherwise affect the lien of the Mortgage, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Trustee by the Servicer or take any other action requested in such request, that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage upon the satisfaction thereof and the Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days of the Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Trustee's satisfaction that the related Mortgage Loan has been paid in full by or on behalf of the Mortgagor and that such payment has been deposited in the applicable Principal and Interest Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will immediately notify the Purchaser by a certification of a servicing officer of the Seller (a “Servicing Officer”), which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 Subsection 11.04 have been or will be so deposited, of a Servicing Officer and shall request execution of any document necessary to satisfy the Mortgage Loan and delivery to it of the portion of the Mortgage File held by the Purchaser or its the Purchaser’s designee. Upon receipt of such certification and request, the Purchaser Purchaser, shall promptly release the related mortgage documents to the Seller and the Seller shall prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller Seller, upon written demand, shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Seller shall maintain the fidelity bond insuring the Seller against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including including, for the purpose of this purpose, collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the requested portion of the Mortgage File held by the Purchaser or its designee the Custodian to the Seller. Such servicing receipt shall obligate the Seller to return such the related Mortgage Loan Documents documents to the Purchaser or its designee when the need therefor by the Seller no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the Seller.
Appears in 1 contract
Samples: Assignment, Assumption and Recognition Agreement (Hsi Asset Securitization Corp)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Collection Account pursuant to Section 4.04 5.04 have been or will be so deposited, of a Servicing Officer deposited and shall request delivery to it of the portion of the Purchaser’s Mortgage File held by the Purchaser or its designeePurchaser. Upon receipt of such certification and request, the Purchaser shall promptly release the related mortgage documents to the Seller Servicer and the Seller Servicer shall promptly prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or Collection Account. With the Purchaser. If such Mortgage Loan is a MERS Mortgage Loanexception of short sales, if the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller Servicer satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage Mortgage, or should it otherwise prejudice any right take such action which results in a reduction of the coverage under the Primary Insurance Policy, if any, then the Servicer shall promptly give written notice thereof to the Purchaser, and, within 10 Business Days following written demand therefor from the Purchaser may have under to the Mortgage Loan DocumentsServicer, the Seller Servicer shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of repurchase the related Mortgage Loan by deposit thereof in paying to the Custodial Purchaser the Repurchase Price therefor by wire transfer of immediately available funds directly to the Purchaser’s Account. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including for the this purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Purchaser’s Mortgage File held by the Purchaser or its designee to the SellerServicer. Such servicing receipt shall obligate the Seller Servicer to return such Mortgage Loan Documents the related mortgage documents to the Purchaser or its designee when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Collection Account or the Purchaser’s Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judiciallynonjudicially, and the Seller Servicer has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Purchaser’s Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidatedliquidated and the Liquidation Proceeds were deposited in the Collection Account, the servicing receipt shall be released by the Purchaser or its designee to the SellerServicer.
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Lehman Mortgage Trust 2007-5)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will Company shall cause the Servicer to immediately notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 have been or will be so deposited, of a Servicing Officer and shall request delivery to it of the portion of the Mortgage File held by the Purchaser. The Purchaser or its designee. Upon shall no later than five Business Days after receipt of such certification information , release or cause to be released to the Servicer, the related Mortgage Loan Documents and, upon its receipt of such documents, the Company shall cause the Servicer to promptly prepare and requestdeliver to the Purchaser the requisite satisfaction or release. No later than five (5) Business Days following its receipt of such satisfaction or release, the Purchaser shall promptly release the related mortgage documents deliver, or cause to be delivered, to the Seller and Servicer the Seller shall prepare and process any release or satisfaction properly executed by the owner of record of the applicable mortgage or releaseits duly appointed attorney in fact. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full releaseAccount. In the event the Seller Servicer satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller Company shall cause the Servicer to, upon written demand, shall remit within five two (52) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Company shall cause the Servicer to maintain the Fidelity Bond and errors and omissions insurance insuring the Servicer against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Lender Primary Mortgage Insurance Policy, the Purchaser or its designee shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the SellerServicer. Such servicing receipt shall obligate the Seller Servicer to return such the related Mortgage Loan Documents documents to the Purchaser or its designee when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller Servicer has delivered to the Purchaser or its designee a certificate of a Servicing Officer Officer's Certificate certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer Officer's Certificate stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the SellerServicer.
Appears in 1 contract
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will immediately notify the Purchaser Purchaser, or its custodian or designee, by a certification of a servicing officer of the Seller (a “Servicing Officer”), which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 11.05 have been or will be so deposited, of a Servicing Officer and shall request execution of any document necessary to satisfy the Mortgage Loan and delivery to it of the portion of the Mortgage File held by the Purchaser or its the Purchaser’s designee. Upon receipt of such certification and request, the Purchaser Purchaser, or its custodian or designee, shall promptly release release, or cause to be released, the related mortgage documents to the Seller and the Seller shall prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller Seller, upon written demand, shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Seller shall maintain the fidelity bond insuring the Seller against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage Loans, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI PolicyLoan, the Purchaser Purchaser, or its designee custodian, shall, upon request of the Seller and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release or cause to be released the requested portion of the Mortgage File held by the Purchaser Purchaser, or its designee custodian, to the Seller. Such servicing receipt shall obligate the Seller to return such the related Mortgage Loan Documents documents to the Purchaser or its designee when the need therefor by the Seller no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the Seller.
Appears in 1 contract
Samples: Assignment and Recognition Agreement (FBR Securitization, Inc.)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will immediately notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 have been or will be so deposited, of a Servicing Officer and shall request delivery to it of the portion of the Mortgage File held by the Purchaser. The Purchaser or its designee. Upon shall no later than five Business Days after receipt of such certification and request, release or cause to be released to the Seller, the related Mortgage Loan Documents and, upon its receipt of such documents, the Seller shall promptly prepare and deliver to the Purchaser and execute the requisite satisfaction or release. No later than three Business Days following its receipt of such satisfaction or release, the Purchaser shall promptly release the related mortgage documents deliver, or cause to be delivered, to the Seller and the Seller shall prepare and process any release or satisfaction properly executed by the owner of record of the applicable Mortgage or releaseits duly appointed attorney in fact. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full releaseAccount. In the event the Seller satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller Seller, upon written demand, shall remit within five (5) two Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Seller shall maintain the Fidelity Bond and errors and omissions insurance insuring the Seller against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the Seller. Such servicing receipt shall obligate the Seller to return such the related Mortgage Loan Documents to the Purchaser or its designee when the need therefor by the Seller no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the Seller.
Appears in 1 contract
Samples: Assignment and Assumption Agreement (Structured Asset Sec Mort Pass Thru Cert Ser 2002-22h)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Collection Account pursuant to Section 4.04 5.04 have been or will be so deposited, of a Servicing Officer deposited and shall request delivery to it of the portion of the Purchaser’s Mortgage File held by the Purchaser or its designee. Upon receipt of such certification and request, the Purchaser shall promptly release the related mortgage documents to the Seller Servicer and the Seller Servicer shall promptly prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or Collection Account. With the Purchaser. If such Mortgage Loan is a MERS Mortgage Loanexception of short sales, if the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller Servicer satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage Mortgage, or should it otherwise prejudice any right take such action which results in a reduction of the Purchaser may have coverage under the Mortgage Loan DocumentsPrimary Insurance Policy, if any, then the Seller Servicer shall remit within five (5) Business Days promptly give written notice thereof to the Purchaser of such satisfaction or release its designee, and, within 5 Business Days following written demand therefor from the then outstanding principal balance of Purchaser or its designee to the Servicer, the Servicer shall repurchase the related Mortgage Loan by deposit thereof in paying to the Custodial Securities Administrator as designee of the Purchaser the Repurchase Price therefor by wire transfer of immediately available funds directly to the Collection Account. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including for the this purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Purchaser’s Mortgage File held by the Purchaser or its designee to the SellerServicer. Such servicing receipt shall obligate the Seller Servicer to return such Mortgage Loan Documents the related mortgage documents to the Purchaser or its designee when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Collection Account or the Purchaser’s Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judiciallynonjudicially, and the Seller Servicer has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Purchaser’s Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidatedliquidated and the Liquidation Proceeds were deposited in the Collection Account, the servicing receipt shall be released by the Purchaser or its designee to the SellerServicer.
Appears in 1 contract
Samples: Servicing Agreement (PHH Alternative Mortgage Trust, Series 2007-3)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will immediately notify the Purchaser by a certification of a servicing officer of the Seller (a “Servicing Officer”), which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 Subsection 11.04 have been or will be so deposited, of a Servicing Officer and shall request execution of any document necessary to satisfy the Mortgage Loan and delivery to it of the portion of the Mortgage File held by the Purchaser or its the Purchaser’s designee. Upon receipt of such certification and request, the Purchaser Purchaser, shall promptly release the related mortgage documents to the Seller and the Seller shall prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller Seller, upon written demand, shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Seller shall maintain the fidelity bond insuring the Seller against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the any Mortgage LoansLoan, including including, for the purpose of this purpose, collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the requested portion of the Mortgage File Loan Documents held by the Purchaser or its designee the Custodian to the Seller. Such servicing receipt shall obligate the Seller to return such the related Mortgage Loan Documents documents to the Purchaser or its designee when the need therefor by the Seller no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the Seller.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Sequoia Mortgage Trust 2007-2)
Satisfaction of Mortgages and Release of Mortgage Files. The Servicer shall not grant a satisfaction or release of a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or otherwise prejudice any right the Certificateholders may have under the mortgage instruments subject to Section 5.01 above. The Servicer shall maintain the Fidelity Bond as provided for in Section 5.09 above insuring the Servicer against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser Trustee (if it holds the related Trustee's Mortgage File) or the Custodian, as the case may be, by a certification an Officers' Certificate in the form of a Servicing Officer, Exhibit I attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Principal and Interest Account pursuant to Section 4.04 5.03 above have been or will be so deposited, ) of a Servicing Officer and shall request delivery to it of the portion of the Trustee's Mortgage File held by the Purchaser or its designeeFile. Upon receipt of such certification and request, the Purchaser Trustee or such Custodian, as the case may be, shall promptly release the related mortgage documents Trustee's Mortgage File to the Seller and the Seller shall prepare and process any satisfaction or releaseServicer. No expense Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable only from and to the extent of Servicing Compensation with respect to the related Sub-Pool and shall not be chargeable to the Custodial related Principal and Interest Account or the Purchaserrelated Certificate Account. If With respect to any Mortgage Note released by the Trustee to the Servicer or to any Subservicer in accordance with the terms of this Agreement, other than a release or satisfaction pursuant to the second paragraph of this Section 7.02, prior to such Mortgage Loan is a MERS Mortgage Loanrelease, the Seller Trustee shall (a) complete all endorsements in blank so that the endorsement reads "Pay to the order of LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement, dated as of September 1, 1997, Series 1997-3" and (b) complete a restrictive endorsement that reads "LaSalle National Bank is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf holder of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In mortgage note for the event the Seller satisfies or releases a Mortgage without having obtained payment in full benefit of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have Certificateholders under the Pooling and Servicing Agreement, dated as of September 1, 1997, Series 1997-3" with respect to those Mortgage Loan Documents, the Seller shall remit within five (5) Business Days Notes currently endorsed "Pay to the Purchaser order of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Accountholder", if any. From time to time and as appropriate for the servicing or foreclosure of the any Mortgage LoansLoan, including including, for the purpose of this purpose, collection under any Primary Mortgage Insurance Policy or LPMI Policyprimary mortgage guaranty insurance policy, the Purchaser or its designee Trustee shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee Trustee of a servicing receipt certification in the form of Exhibit I attached hereto signed by a Servicing Officer, release the portion of the related Trustee's Mortgage File held by the Purchaser or its designee any document therein to the SellerServicer, and the Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. Such servicing receipt shall obligate the Seller Servicer to return such the Trustee's Mortgage Loan Documents File or any document released therefrom to the Purchaser or its designee Trustee when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Net Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Principal and Interest Account with respect to each Sub-Pool, and remitted to the Trustee for deposit in the related Certificate Account or the Trustee's Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller Servicer has delivered to the Purchaser or its designee Trustee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Trustee's Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee Trustee to the SellerServicer. The Trustee shall execute and deliver to the Servicer any court pleadings, requests for trustee's sale in respect of a Mortgaged Property or to any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Mortgage or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the Mortgage Note or Mortgage or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Trustee will not invalidate or otherwise affect the lien of the Mortgage, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Trustee by the Servicer or take any other action requested in such request that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage upon the satisfaction thereof and the Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days, or more promptly if needed, of the Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Trustee's satisfaction that the related Mortgage Loan has been paid in full by or on behalf of the Mortgagor and that such payment has been deposited in the Principal and Interest Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Superior Bank FSB)
Satisfaction of Mortgages and Release of Mortgage Files. The Servicer shall not grant a satisfaction or release of a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or otherwise prejudice any right the Certificateholders may have under the mortgage instruments subject to Section 5.01 hereof. The Servicer shall maintain the Fidelity Bond as provided for in Section 5.09 insuring the Servicer against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser Trustee or the Custodian on behalf of the Trustee by a certification an Officers' Certificate in the form of a Servicing Officer, Exhibit B attached to the Custodial Agreement (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Principal and Interest Account pursuant to Section 4.04 5.03 have been or will be so deposited, ) of a Servicing Officer and shall request delivery to it of the portion of the Mortgage File held by the Purchaser or its designeeFile. Upon receipt of such certification and request, the Purchaser Trustee or the Custodian on behalf of the Trustee shall promptly release the related mortgage documents Mortgage File to the Seller and the Seller shall prepare and process any satisfaction or releaseServicer. No expense Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to payable by the Custodial Servicer and shall not be reimbursed from the Principal and Interest Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documents, the Seller shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Collection Account. From time to time and as appropriate for the servicing or foreclosure of the any Mortgage LoansLoan, including including, for the purpose of this purpose, collection under any Primary Mortgage Insurance Policy or LPMI Policyprimary mortgage guaranty insurance policy, the Purchaser Trustee or its designee the Custodian on behalf of the Trustee shall, upon request of the Seller Servicer and delivery to the Purchaser Trustee or its designee the Custodian on behalf of the Trustee of a servicing receipt signed certification in the form of Exhibit B attached to the Custodial Agreement signed, by a Servicing Officer, promptly release the portion of the related Mortgage File held by the Purchaser or its designee any document therein to the SellerServicer, and the Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. Such servicing receipt shall obligate the Seller Servicer to return such the Mortgage Loan Documents File or any document released therefrom to the Purchaser Trustee or its designee the Custodian on behalf of the Trustee when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Net Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Principal and Interest Account and remitted to the Trustee for deposit in the Collection Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller Servicer has delivered to the Purchaser or its designee Trustee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released promptly by the Purchaser or its designee Trustee to the SellerServicer. The Trustee shall promptly execute and deliver to the Servicer any legal notices, court pleadings, requests for trustee's sale in respect of a Mortgaged Property or any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Mortgage or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the Mortgage Note or Mortgage or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Trustee will not invalidate or otherwise affect the lien of the Mortgage, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Trustee by the Servicer or take any other action requested in such request that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage upon the satisfaction thereof and the Trustee will promptly sign and deliver, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days, or more promptly if needed, of the Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Trustee's satisfaction that the related Mortgage Loan has been paid in full by or on behalf of the Mortgagor and that such payment has been deposited in the Principal and Interest Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Eqcc Asset Backed Corp)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage LoanHELOC, or the receipt by the Seller Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser Securities Administrator by a certification of a servicing officer of the Servicer (a “Servicing Officer”), which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 2.04 have been or will be so deposited, of a Servicing Officer and shall request execution of any document necessary to satisfy the HELOC and delivery to it of the portion of the Mortgage File held by the Purchaser or its designeeCustodian. Upon receipt of such certification and request, the Purchaser Custodian pursuant to the Custodial Agreement, shall promptly release the related mortgage documents to the Seller Servicer and the Seller Servicer shall prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full releaseCustodian. In the event the Seller Servicer satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser Issuer or the Indenture Trustee may have under the Mortgage Loan Documentsmortgage instruments, the Seller Servicer, upon written demand, shall remit within five (5) Business Days to the Purchaser of such satisfaction or release Securities Administrator the then outstanding principal balance of the related Mortgage Loan HELOC by deposit thereof in the Custodial Account. Thereupon the Securities Administrator and the Indenture Trustee shall take all necessary actions to reassign any interest that the Issuer may have in the HELOC to Servicer. From time to time and as appropriate for the servicing or foreclosure of the Mortgage Loans, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI PolicyHELOC, the Purchaser Indenture Trustee, or the Custodian on its designee behalf, shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee Custodian of a servicing receipt signed by a Servicing Officer, release the requested portion of the Mortgage File held by the Purchaser Indenture Trustee, or the Custodian on its designee behalf, to the SellerServicer. Such servicing receipt shall obligate the Seller Servicer to return such the related Mortgage Loan Documents documents to the Purchaser or its designee Custodian when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan HELOC has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan HELOC have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller Servicer has delivered to the Purchaser Indenture Trustee, or the Custodian on its designee behalf, a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan HELOC was liquidated, the servicing receipt shall be released by the Purchaser or its designee Custodian to the SellerServicer.
Appears in 1 contract
Samples: Servicing Agreement (Citigroup HELOC Trust 2006-Ncb1)
Satisfaction of Mortgages and Release of Mortgage Files. The Servicer shall not grant a satisfaction or release of a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or otherwise prejudice any right the Certificateholders may have under the mortgage instruments, subject to Section 5.01 hereof. The Servicer shall maintain the Fidelity Bond as provided for in Section 5.09 insuring the Servicer against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser applicable Co-Trustee (and, with respect to the Pool I and Pool II Mortgage Loans, the Custodian), by a certification an Officers' Certificate in the form of a Servicing Officer, Exhibit J attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial applicable Principal and Interest Account pursuant to Section 4.04 5.03 have been or will be so deposited, ) of a Servicing Officer and shall request delivery to it of the portion of the Trustee's Mortgage File held by the Purchaser or its designeeFile. Upon receipt of such certification and request, the Purchaser Custodian (or, with respect to the Pool III Mortgage Loans, the Pool III Co-Trustee) shall promptly release the related mortgage documents Trustee's Mortgage File to the Seller and the Seller shall prepare and process any satisfaction or releaseServicer. No expense Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable only from and to the extent of servicing compensation and shall not be chargeable to the Custodial Principal and Interest Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documents, the Seller shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial AccountCertificate Accounts. From time to time and as appropriate for the servicing or foreclosure of any Mortgage Loan, including, for this purpose, collection under any primary mortgage guaranty insurance policy, the Custodian (or, with respect to the Pool III Mortgage Loans, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee Pool III Co-Trustee) shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee Custodian (or, with respect to the Pool III Mortgage Loans, the Pool III Co-Trustee) of a servicing receipt certification in the form of Exhibit J attached hereto signed by a Servicing Officer, release the portion of the related Trustee's Mortgage File held to the Servicer, and the Custodian (or, with respect to the Pool III Mortgage Loans, the Pool III Co-Trustee and the FHA Custodian) shall execute such documents furnished by the Purchaser or its designee Servicer as shall be necessary to the Sellerprosecution of any such proceedings. Such servicing receipt shall obligate the Seller Servicer to return such the Trustee's Mortgage Loan Documents File to the Purchaser or its designee Custodian (or, with respect to the Pool III Mortgage Loans, the Pool III Co-Trustee) when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial applicable Principal and Interest Account and remitted to the applicable Co-Trustee for deposit in the applicable Certificate Account or the Trustee's Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller Servicer has delivered to the Purchaser or its designee Custodian (or, with respect to the Pool III Mortgage Loans, the Pool III Co-Trustee) a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Trustee's Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser Custodian (or, with respect to the Pool III Mortgage Loans, the Pool III Co-Trustee) to the Servicer. The applicable Co-Trustee upon the request of the Servicer and receipt of the applicable documents by the Custodian (or the Pool III Co-Trustee with respect to the Pool III Mortgage Loans) shall execute and deliver to the Servicer any court pleadings, requests for trustee's sale or other documents necessary to the foreclosure or trustee's sale in respect of a Mortgaged Property or to any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Mortgage or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the Mortgage Note or Mortgage or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the applicable Co-Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the applicable Co-Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the applicable Co-Trustee will not invalidate or otherwise affect the lien of the Mortgage, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The applicable Co-Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the applicable Co-Trustee by the Servicer or take any other action requested in such request, that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage upon the satisfaction thereof and the applicable Co-Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days of the applicable Co-Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the applicable Co-Trustee's satisfaction that the related Mortgage Loan has been paid in full by or on behalf of the Mortgagor and that such payment has been deposited in the applicable Principal and Interest Account. Notwithstanding anything in this Agreement to the contrary, with respect to the Pool III Mortgage Loans, all requests for release, and certificates of the Servicer relating to releases of the related Trustee's Mortgage Files shall be delivered by the Servicer to FUNB, which shall forward such requests to the Pool III Co-Trustee, and all releases of Pool III Trustee's Mortgage Files shall be made by delivery of such files by the Pool III Co-Trustee to FUNB, which shall be responsible for delivering such files to the Servicer or its designee. The Pool III Co-Trustee shall not be liable for FUNB's failure or delay in forwarding a request for release to the Pool III Co-Trustee or for FUNB's failure or delay in delivering a Trustee's Mortgage File to the Servicer or its designee or returning such file to the SellerPool III Co-Trustee.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Money Store Home Equity Corp)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 have been or will be so deposited, of a Servicing Officer deposited and shall request delivery to it of the portion of the Mortgage File held by the Purchaser. The Purchaser or its designee. Upon shall no later than five (5) Business Days after receipt of such certification notice and request, release or cause to be released to the Purchaser shall promptly release Servicer, the related mortgage documents to Mortgage Loan Documents and, upon its receipt of such documents, the Seller and Servicer shall within applicable state guidelines promptly prepare the Seller shall prepare and process any requisite satisfaction or releaserelease and have it recorded in the appropriate land records. No expense incurred in connection with any instrument of Such satisfaction or deed of reconveyance release shall be chargeable to recorded within the Custodial Account or the Purchasertime frames required by applicable law. If such Mortgage Loan is a MERS Mortgage Loan, the Seller Servicer is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller satisfies or releases a Mortgage without having obtained payment No expense incurred in full connection with any instrument of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documents, the Seller shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance deed of the related Mortgage Loan by deposit thereof in reconveyance shall be chargeable to the Custodial Account. From time to time and as appropriate for the servicing or foreclosure of the Mortgage Loans, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the SellerServicer. Such servicing receipt shall obligate the Seller Servicer to return such Mortgage Loan Documents to the Purchaser or its designee when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller Servicer has delivered to notified the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer notice stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the SellerServicer.
Appears in 1 contract
Samples: Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa4)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will immediately notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 have been or will be so deposited, of a Servicing Officer and shall request delivery to it of the portion of the Mortgage File held by the Purchaser or its designee. Upon receipt of such certification and request, the Purchaser Purchaser, shall promptly release the related mortgage documents to the Seller and the Seller shall prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documents, the Seller shall remit within five (5) Business Days to the Purchaser of such satisfaction or release to the Purchaser the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. From time to time and as appropriate for the servicing or foreclosure of the Mortgage Loans, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the Seller. Such servicing receipt shall obligate the Seller to return such Mortgage Loan Documents to the Purchaser or its designee when the need therefor by the Seller no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the Seller.
Appears in 1 contract
Samples: Merrill Lynch Alternative Note Asset Trust, Series 2007-F1
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Company of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Company will immediately notify the Purchaser Purchaser, the Custodian and the Master Servicer by a certification of a Servicing Officercertification, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 8.07 have been or will be so deposited, of a Servicing Officer and shall request delivery to it of the portion of the Mortgage File held by the Purchaser or its designeethe Custodian. Upon The Purchaser shall no later than five Business Days after receipt of such certification and request, release or cause to be released to the Company, the related Mortgage Loan Documents and, upon its receipt of such documents, the Company shall promptly prepare and deliver to the Purchaser the requisite satisfaction or release. No later than five (5) Business Days following its receipt of such satisfaction or release, the Purchaser shall promptly release the related mortgage documents deliver, or cause to be delivered, to the Seller and Company the Seller shall prepare and process any release or satisfaction properly executed by the owner of record of the applicable mortgage or releaseits duly appointed attorney in fact. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full releaseAccount. In the event the Seller Company satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller Company, upon written demand, shall remit within five two (52) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Company shall maintain the Fidelity Bond and errors and omissions insurance insuring the Company against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Lender Primary Mortgage Insurance Policy, the Purchaser or its designee shall, upon request of the Seller Company and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release or cause to be released the portion of the Mortgage File held by the Purchaser or its designee to the SellerCompany. Such servicing receipt shall obligate the Seller Company to return such the related Mortgage Loan Documents documents to the Purchaser or its designee when the need therefor by the Seller Company no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller Company has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the SellerCompany.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Bear Stearns Asset Backed Securities I Trust 2006-St1)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will immediately notify the Purchaser by a certification of a servicing officer of the Seller (a “Servicing Officer”), which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 11.04 have been or will be so deposited, of a Servicing Officer and shall request execution of any document necessary to satisfy the Mortgage Loan and delivery to it of the portion of the Mortgage File held by the Purchaser or its the Purchaser’s designee. Upon receipt of such certification and request, the Purchaser Purchaser, shall promptly release the related mortgage documents to the Seller and the Seller shall prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller Seller, upon written demand, shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Seller shall maintain the fidelity bond insuring the Seller against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including for the this purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the requested portion of the Mortgage File held by the Purchaser or its designee to the Seller. Such servicing receipt shall obligate the Seller to return such the related Mortgage Loan Documents documents to the Purchaser or its designee when the need therefor by the Seller no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the Seller.
Appears in 1 contract
Samples: Master Mortgage Loan Purchase and Servicing Agreement (Citigroup Mortgage Loan Trust 2007-6)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Subservicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will immediately Subservicer shall notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited Servicer in the Custodial Account pursuant to monthly remittance advice as provided in Section 4.04 have been or will be so deposited5.02, and may request the release of a Servicing Officer and shall request delivery to it of any documents contained in the portion of the Mortgage File held by the Purchaser or its designee. Upon receipt of such certification and request, the Purchaser shall promptly release the related mortgage documents to the Seller and the Seller shall prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the PurchaserCollateral File. If such Mortgage Loan is a MERS Mortgage Loan, the Seller Subservicer is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the PurchaserServicer, any and all instruments of satisfaction or cancellation or of partial or full release. In If the event the Seller Subservicer satisfies or releases a Mortgage without first having obtained payment in full of the indebtedness secured by the Mortgage (other than as a result of a modification of the Mortgage Loan or a liquidation of the Mortgaged Property pursuant to the terms of this Agreement) or should it the Subservicer otherwise prejudice any right rights the Purchaser Servicer may have under the Mortgage Loan Documentsmortgage instruments, the Seller shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. From time to time and as appropriate for the servicing or foreclosure of the Mortgage Loans, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee Subservicer shall, upon request discovery of the Seller and delivery to the Purchaser such error, have a period of thirty (30) days from its discovery or its designee receipt of notice of such error within which to correct or cure said error or such longer period as necessary, if the delay is due solely to a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held delay by the Purchaser or its designee public recording office provided that Subservicer provides an Officer Certificate certifying such delay is due solely to the Seller. Such servicing receipt shall obligate the Seller to return such Mortgage Loan Documents to the Purchaser or its designee when the need therefor a delay by the Seller no longer existspublic recording office. Unless such delay is due solely to a delay by the public recording office, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited if any such error cannot be corrected or cured within such thirty-day period, Subservicer shall deposit in the Custodial Account or the Mortgage File has been delivered to an attorneyentire Outstanding Principal Balance, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which plus all accrued interest on such Mortgage File was delivered and Loan, on the purpose or purposes day preceding the Normal Remittance Date in the month following the date of such deliveryrelease. Upon receipt of a certificate of a Servicing Officer stating that such The Subservicer shall maintain the Fidelity Bond and Errors and Omissions Insurance Policy as provided for in Section 2.30 insuring the Subservicer against any loss it may sustain with respect to any Mortgage Loan was liquidated, not satisfied in accordance with the servicing receipt shall be released by the Purchaser or its designee to the Sellerprocedures set forth herein.
Appears in 1 contract
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer or Subservicer will immediately notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 have been or will be so deposited, of a Servicing Officer and shall request delivery to it of obtain the portion of the Mortgage File held by that is in the possession of the Purchaser or its designee. Upon receipt of such certification and requestPurchaser’s custodian, the Purchaser shall promptly release the related mortgage documents to the Seller and the Seller shall prepare and process any required satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf release of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full releaseMortgage. In the event the Seller satisfies Servicer grants a satisfaction or releases release of a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it the Servicer otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, in each case without the prior written consent of the Purchaser, the Seller Servicer, upon written demand of the Purchaser, shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance Stated Principal Balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Servicer shall maintain the Fidelity Bond and errors and omissions insurance as provided for in Section 7.16 insuring the Servicer against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including for the this purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee Purchaser’s document custodian shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee Purchaser’s document custodian of a servicing receipt signed by a Servicing Officer, release the portion of the Purchaser’s Mortgage File held by the Purchaser or its designee to the SellerServicer; provided that during the time that any such documentation is held by the Servicer, such possession is in trust for the benefit of the Purchaser, and the Servicer shall return such documentation to the Purchaser’s document custodian upon request of the Purchaser or the Purchaser’s document custodian or when the Servicers need therefor no longer exists. Such servicing receipt shall obligate the Seller Servicer to return such Mortgage Loan Documents the related mortgage documents to the Purchaser or its designee Purchaser’s document custodian when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Purchaser’s Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judiciallynonjudicially, and the Seller Servicer has delivered to the Purchaser or its designee Purchaser’s document custodian a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Purchaser’s Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidatedliquidated and the Liquidation Proceeds were deposited in the Custodial Account, the servicing receipt shall be released by the Purchaser or its designee Purchaser’s document custodian to the SellerServicer.
Appears in 1 contract
Samples: Mortgage Loan Purchase Agreement (Sequoia Mortgage Trust 2013-1)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser Owner by a certification of a Servicing Officercertification, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 have been or will be so deposited, of a Servicing Officer and shall request delivery to it of the portion of the Mortgage File held by the Purchaser or its designeeOwner. Upon The Owner shall no later than five Business Days after receipt of such certification and request, release or cause to be released to the Purchaser Servicer, the related Mortgage Loan Documents and, upon its receipt of such documents, the Servicer shall promptly release the related mortgage documents prepare and deliver to the Seller and Owner the Seller shall prepare and process any requisite satisfaction or release. No later than three Business Days following its receipt of such satisfaction or release, the Owner shall deliver, or cause to be delivered, to the Servicer the release or satisfaction properly executed by the owner of record of the applicable mortgage or its duly appointed attorney in fact. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full releaseAccount. In the event the Seller Servicer satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser Owner may have under the Mortgage Loan Documentsmortgage instruments, the Seller Servicer, upon written demand, shall remit within five (5) two Business Days to the Purchaser of such satisfaction or release Owner the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Servicer shall maintain the Fidelity Bond and errors and omissions insurance insuring the Servicer against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee Owner shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee Owner of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee Owner to the SellerServicer. Such servicing receipt shall obligate the Seller Servicer to return such the related Mortgage Loan Documents documents to the Purchaser or its designee Owner when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller Servicer has delivered to the Purchaser or its designee Owner a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee Owner to the SellerServicer.
Appears in 1 contract
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will immediately notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 have been or will be so deposited, of a Servicing Officer and Company shall request execution of any document necessary to satisfy the Mortgage Loan and delivery to it of the portion of the Mortgage File held by the Purchaser Owner or its designeethe Custodian. Upon receipt of such certification and request, the Purchaser shall promptly release the related mortgage documents promptly shall be released to the Seller Company and the Seller Company shall prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the PurchaserOwner. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller Company satisfies or releases a Mortgage without first having obtained payment in full of the indebtedness secured by the Mortgage, then upon discovery by the Company or notice from the Owner, the Company shall cure any erroneously issued release within sixty (60) days. If the Company is unable to cure such erroneous release or satisfaction within such time period, or any Mortgage or should it otherwise prejudice any right other security instrument executed by a Mortgagor in connection with such cure is later determined to be unenforceable by a final order of a bankruptcy court with jurisdiction over the Purchaser may have under Mortgagor or the Mortgage Loan DocumentsMortgaged Property, the Seller Company shall remit within five two (52) Business Days to following such cure period and after receipt of demand by the Purchaser of such satisfaction or release the then outstanding principal balance of Owner, repurchase the related Mortgage Loan a price equal to (i) the Assumed Principal Balance of the Mortgage Loan plus (ii) accrued interest on such Assumed Principal Balance at the Mortgage Loan Remittance Rate from the date to which interest has last been paid and distributed to the Owner to the date of repurchase. Any such repurchase shall be accomplished by deposit thereof in the Custodial AccountAccount of the amount of the repurchase price, after deducting therefrom any amounts received in respect of such repurchased Mortgage Loan and being held in the Custodial Account for future distribution. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including for the this purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee Owner shall, upon request of the Seller Company and delivery to the Purchaser or its designee Owner of a servicing receipt signed by a Servicing Officer, release the requested portion of the Mortgage File held by the Purchaser or its designee Owner to the SellerCompany. Such servicing receipt shall obligate the Seller Company to return such the related Mortgage Loan Documents documents to the Purchaser or its designee Owner when the need therefor by the Seller Company no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in into the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee Owner to the SellerCompany.
Appears in 1 contract
Samples: Assumption and Recognition Agreement (Greenwich Capital Acceptance Inc)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will immediately shall notify the Purchaser by a certification of a Servicing Officer, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to monthly remittance advice as provided in Section 4.04 have been or will be so deposited6.02, and may request the release of a Servicing Officer and shall request delivery to it of the portion of the any Mortgage File held by Loan Documents from the Purchaser or its designeein accordance with this Section 7.02. Upon The Purchaser shall no later than five (5) Business Days after receipt of such certification and request, release or cause to be released to the Purchaser shall promptly release Seller, the related mortgage documents to the Seller and Mortgage Loan Documents and, upon its receipt of such documents, the Seller shall promptly prepare and process any deliver to the Purchaser the requisite satisfaction or release. No expense incurred in connection with any instrument later than three (3) Business Days following its receipt of such satisfaction or deed of reconveyance release, the Purchaser shall deliver, or cause to be chargeable delivered, to the Custodial Account Seller the release or satisfaction properly executed by the Purchaserowner of record of the applicable Mortgage or its duly appointed attorney in fact. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event If the Seller satisfies or releases a Mortgage without first having obtained payment in full of the indebtedness secured by the Mortgage or should it the Seller otherwise prejudice any right rights the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller shall remit within five (5) Business Days to deposit into the Purchaser of such satisfaction or release Custodial Account the then outstanding principal balance balance, plus all accrued interest on such Mortgage Loan, on the day preceding the Remittance Date in the month following the date of such release. The Seller shall maintain the related Fidelity Bond and Errors and Omissions Insurance Policy as provided for in Section 5.13 insuring the Seller against any loss it may sustain with respect to any Mortgage Loan by deposit thereof not satisfied in accordance with the Custodial Accountprocedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage Loans, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the Seller. Such servicing receipt shall obligate the Seller to return such Mortgage Loan Documents to the Purchaser or its designee when the need therefor by the Seller no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate an Officer's Certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the Seller.
Appears in 1 contract
Samples: Execution (Structured Asset Securities Corp Mortgage Pass-Through Certificates, Series 2004-22)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser by a certification of a servicing officer of the Servicer (a "Servicing Officer"), which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 Subsection 11.04 have been or will be so deposited, of a Servicing Officer and shall request execution of any document necessary to satisfy the Mortgage Loan and delivery to it of the portion of the Mortgage File held by the Purchaser or its the Purchaser's designee. Upon receipt of such certification and request, the Purchaser Purchaser, shall promptly release the related mortgage documents to the Seller Servicer and the Seller Servicer shall prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller Servicer satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller Servicer, upon written demand, shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Servicer shall maintain the fidelity bond insuring the Servicer against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including including, for the purpose of this purpose, collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the requested portion of the Mortgage File held by the Purchaser or its designee the Custodian to the SellerServicer. Such servicing receipt shall obligate the Seller Servicer to return such the related Mortgage Loan Documents documents to the Purchaser or its designee when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property Property, either judicially or non-judicially, and the Seller Servicer has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the SellerServicer.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (HSI Asset Loan Obligation Trust 2007-Ar1)
Satisfaction of Mortgages and Release of Mortgage Files. The Servicer shall not grant a satisfaction or release of a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or otherwise prejudice any right the Certificateholders may have under the mortgage instruments subject to Section 5.01 above. The Servicer shall maintain the Fidelity Bond as provided for in Section 5.09 above insuring the Servicer against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser Trustee (if it holds the related Trustee's Mortgage File) or the Custodian, as the case may be, by a certification an Officers' Certificate in the form of a Servicing Officer, Exhibit I attached hereto (which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Principal and Interest Account pursuant to Section 4.04 5.03 above have been or will be so deposited, ) of a Servicing Officer and shall request delivery to it of the portion of the Trustee's Mortgage File held by the Purchaser or its designeeFile. Upon receipt of such certification and request, the Purchaser Trustee or such Custodian, as the case may be, shall promptly release the related mortgage documents Trustee's Mortgage File to the Seller and the Seller shall prepare and process any satisfaction or releaseServicer. No expense Expenses incurred in connection with any instrument of satisfaction or deed of reconveyance shall be payable only from and to the extent of Servicing Compensation with respect to the related Sub-Pool and shall not be chargeable to the Custodial related Principal and Interest Account or the Purchaserrelated Certificate Account. If With respect to any Mortgage Note released by the Trustee to the Servicer or to any Subservicer in accordance with the terms of this Agreement, other than a release or satisfaction pursuant to the second paragraph of this Section 7.02, prior to such Mortgage Loan is a MERS Mortgage Loanrelease, the Seller Trustee shall (a) complete all endorsements in blank so that the endorsement reads "Pay to the order of LaSalle National Bank, as Trustee under the Pooling and Servicing Agreement, dated as of December 1, 1996, Series 1996-4" and (b) complete a restrictive endorsement that reads "LaSalle National Bank is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf holder of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In mortgage note for the event the Seller satisfies or releases a Mortgage without having obtained payment in full benefit of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have Certificateholders under the Pooling and Servicing Agreement, dated as of December 1, 1996, Series 1996-4" with respect to those Mortgage Loan Documents, the Seller shall remit within five (5) Business Days Notes currently endorsed "Pay to the Purchaser order of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Accountholder", if any. From time to time and as appropriate for the servicing or foreclosure of the any Mortgage LoansLoan, including including, for the purpose of this purpose, collection under any Primary Mortgage Insurance Policy or LPMI Policyprimary mortgage guaranty insurance policy, the Purchaser or its designee Trustee shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee Trustee of a servicing receipt certification in the form of Exhibit I attached hereto signed by a Servicing Officer, release the portion of the related Trustee's Mortgage File held by the Purchaser or its designee any document therein to the SellerServicer, and the Trustee shall execute such documents as shall be necessary to the prosecution of any such proceedings. Such servicing receipt shall obligate the Seller Servicer to return such the Trustee's Mortgage Loan Documents File or any document released therefrom to the Purchaser or its designee Trustee when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Net Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Principal and Interest Account with respect to each Sub-Pool, and remitted to the Trustee for deposit in the related Certificate Account or the Trustee's Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller Servicer has delivered to the Purchaser or its designee Trustee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Trustee's Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee Trustee to the SellerServicer. The Trustee shall execute and deliver to the Servicer any court pleadings, requests for trustee's sale in respect of a Mortgaged Property or to any legal action brought to obtain judgment against any Mortgagor on the Mortgage Note or Mortgage or to obtain a deficiency judgment, or to enforce any other remedies or rights provided by the Mortgage Note or Mortgage or otherwise available at law or in equity. Together with such documents or pleadings, the Servicer shall deliver to the Trustee a certificate of a Servicing Officer requesting that such pleadings or documents be executed by the Trustee and certifying as to the reason such documents or pleadings are required and that the execution and delivery thereof by the Trustee will not invalidate or otherwise affect the lien of the Mortgage, except for the termination of such a lien upon completion of the foreclosure or trustee's sale. The Trustee shall, upon receipt of a written request from a Servicing Officer, execute any document provided to the Trustee by the Servicer or take any other action requested in such request that is, in the opinion of the Servicer as evidenced by such request, required by any state or other jurisdiction to discharge the lien of a Mortgage upon the satisfaction thereof and the Trustee will sign and post, but will not guarantee receipt of, any such documents to the Servicer, or such other party as the Servicer may direct, within five Business Days, or more promptly if needed, of the Trustee's receipt of such certificate or documents. Such certificate or documents shall establish to the Trustee's satisfaction that the related Mortgage Loan has been paid in full by or on behalf of the Mortgagor and that such payment has been deposited in the Principal and Interest Account.
Appears in 1 contract
Samples: Pooling and Servicing Agreement (Superior Bank FSB)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Servicer of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Servicer will immediately notify the Purchaser by a certification of a Servicing Officercertification, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 have been or will be so deposited, of a Servicing Officer and shall request delivery to it of the portion of the Mortgage File held by the Purchaser. The Purchaser or its designee. Upon shall no later than five (5) Business Days after receipt of such certification and request, release or cause to be released to the Servicer, the related Mortgage Loan Documents and, upon its receipt of such documents, the Servicer shall promptly prepare and deliver to the Purchaser shall promptly release the related mortgage documents to the Seller and the Seller shall prepare and process any requisite satisfaction or release. No expense incurred in connection with any instrument later than three (3) Business Days following its receipt of such satisfaction or deed of reconveyance release, the Purchaser shall deliver, or cause to be chargeable delivered, to the Custodial Account Servicer the release or satisfaction properly executed by the Purchaserowner of record of the applicable Mortgage or its duly appointed attorney in fact. If such Mortgage Loan is a MERS Mortgage Loan, the Seller Servicer is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account. In the event the Seller Servicer satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documents, the Seller Servicer, upon written demand, shall remit within five two (52) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. From time to time and as appropriate for the servicing or foreclosure of the Mortgage Loans, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller Servicer and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the SellerServicer. Such servicing receipt shall obligate the Seller Servicer to return such Mortgage Loan Documents to the Purchaser or its designee when the need therefor by the Seller Servicer no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller Servicer has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the SellerServicer. The Servicer shall indemnify the Purchaser, and its designee, from and against any and all losses, claims, damages, penalties, fines, forfeitures, costs and expenses (including court costs and reasonable attorney’s fees) resulting from or related to the loss, damage or misplacement of any documentation delivered to the Servicer pursuant to this paragraph.
Appears in 1 contract
Samples: Assumption and Recognition Agreement (CSMC Mortgage Backed Trust Series 2007-1)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will immediately notify the Purchaser by a certification of a Servicing Officercertification, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 have been or will be so deposited, of a Servicing Officer and shall request delivery to it of the portion of the Mortgage File held by the Purchaser. The Purchaser or its designee. Upon shall no later than five Business Days after receipt of such certification and request, the Purchaser shall promptly release or cause to be released to the-Seller, the related mortgage documents to the Seller and Mortgage Loan Documents and, upon its receipt of such documents, the Seller shall promptly prepare and process any execute (pursuant to a power of attorney or limited officer appointment to be provided by Purchaser to Seller) the requisite satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full releaseAccount. In the event the Seller satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller Seller, upon written demand, shall remit within five (5) two Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. The Seller shall maintain the Fidelity Bond and errors and omissions insurance insuring the Seller against any loss it may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing service or foreclosure of the Mortgage LoansLoan, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the Seller. Such servicing receipt shall obligate the Seller to return such the related Mortgage Loan Documents documents to the Purchaser or its designee when the need therefor by the Seller no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the Seller.
Appears in 1 contract
Samples: Reconstituted Servicing Agreement (Structured Asset Securities Corp)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller Option One of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller Option One will immediately notify the Purchaser Purchaser, or its custodian or designee, by a certification of a servicing officer of Option One (a "Servicing Officer"), which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 11.05 have been or will be so deposited, of a Servicing Officer and shall request execution of any document necessary to satisfy the Mortgage Loan and delivery to it of the portion of the Mortgage File held by the Purchaser or its the Purchaser's designee. Upon receipt of such certification and request, the Purchaser Purchaser, or its custodian or designee, shall promptly release release, or cause to be released, the related mortgage documents to the Seller Option One and the Seller Option One shall prepare and process any satisfaction or release. No expense incurred in connection with any instrument of satisfaction or deed of reconveyance shall be chargeable to the Custodial Account or the Purchaser. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller Option One satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documentsmortgage instruments, the Seller Option One, upon written demand, shall remit within five (5) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. Option One shall maintain the fidelity bond insuring Option One against any loss they may sustain with respect to any Mortgage Loan not satisfied in accordance with the procedures set forth herein. From time to time and as appropriate for the servicing or foreclosure of the Mortgage LoansLoan, including for the this purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, if any, the Purchaser Purchaser, or its designee custodian, shall, upon request of the Seller Option One and delivery to the Purchaser Purchaser, or its designee custodian, of a servicing receipt signed by a Servicing Officer, release the portion requested portion, or all of the Mortgage File held by the Purchaser Purchaser, or its designee custodian, to the SellerOption One. Such servicing receipt shall obligate the Seller Option One to return such the related Mortgage Loan Documents Files to the Purchaser or its designee when the need therefor by the Seller Option One no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File or such document has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller Option One has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File or such document was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the SellerOption One.
Appears in 1 contract
Samples: Purchase and Servicing Agreement (Merrill Lynch Mortgage Investors Inc)
Satisfaction of Mortgages and Release of Mortgage Files. Upon the payment in full of any Mortgage Loan, or the receipt by the Seller of a notification that payment in full will be escrowed in a manner customary for such purposes, the Seller will immediately notify the Purchaser by a certification of a Servicing Officercertification, which certification shall include a statement to the effect that all amounts received or to be received in connection with such payment which are required to be deposited in the Custodial Account pursuant to Section 4.04 USActive 7452067.1 have been or will be so deposited, of a Servicing Officer and shall request delivery to it of the portion of the Mortgage File held by the Purchaser. The Purchaser or its designee. Upon shall no later than five (5) Business Days after receipt of such certification and request, release or cause to be released to the Purchaser shall promptly release Seller, the related mortgage documents to the Seller and Mortgage Loan Documents and, upon its receipt of such documents, the Seller shall promptly prepare and process any deliver to the Purchaser the requisite satisfaction or release. No expense incurred in connection with any instrument later than three (3) Business Days following its receipt of such satisfaction or deed of reconveyance release, the Purchaser shall deliver, or cause to be chargeable delivered, to the Custodial Account Seller the release or satisfaction properly executed by the Purchaserowner of record of the applicable Mortgage or its duly appointed attorney in fact. If such Mortgage Loan is a MERS Mortgage Loan, the Seller is authorized to cause the removal from the registration on the MERS System of such Mortgage and to execute and deliver, on behalf of the Purchaser, any and all instruments of satisfaction or cancellation or of partial or full release. In the event the Seller satisfies or releases a Mortgage without having obtained payment in full of the indebtedness secured by the Mortgage or should it otherwise prejudice any right the Purchaser may have under the Mortgage Loan Documents, the Seller Seller, upon written demand, shall remit within five two (52) Business Days to the Purchaser of such satisfaction or release the then outstanding principal balance of the related Mortgage Loan by deposit thereof in the Custodial Account. From time to time and as appropriate for the servicing or foreclosure of the Mortgage Loans, including for the purpose of collection under any Primary Mortgage Insurance Policy or LPMI Policy, the Purchaser or its designee shall, upon request of the Seller and delivery to the Purchaser or its designee of a servicing receipt signed by a Servicing Officer, release the portion of the Mortgage File held by the Purchaser or its designee to the Seller. Such servicing receipt shall obligate the Seller to return such Mortgage Loan Documents to the Purchaser or its designee when the need therefor by the Seller no longer exists, unless the Mortgage Loan has been liquidated and the Liquidation Proceeds relating to the Mortgage Loan have been deposited in the Custodial Account or the Mortgage File has been delivered to an attorney, or to a public trustee or other public official as required by law, for purposes of initiating or pursuing legal action or other proceedings for the foreclosure of the Mortgaged Property either judicially or non-judicially, and the Seller has delivered to the Purchaser or its designee a certificate of a Servicing Officer certifying as to the name and address of the Person to which such Mortgage File was delivered and the purpose or purposes of such delivery. Upon receipt of a certificate of a Servicing Officer stating that such Mortgage Loan was liquidated, the servicing receipt shall be released by the Purchaser or its designee to the Seller.
Appears in 1 contract
Samples: Assignment Agreement (Morgan Stanley Mortgage Loan Trust 2007-3xs)