Serviced Mortgage Loans in Litigation Sample Clauses

Serviced Mortgage Loans in Litigation. (i) With respect to any Serviced Mortgage Loan that, as of the Applicable Closing Date, is subject to any pending litigation that is to be assumed by Purchaser pursuant to Section 2.02(a)(vii) as of such Applicable Closing Date (the “Assumed Litigation”) and is a Foreclosure in which a Seller is a party plaintiff (a “Foreclosure Action”), Purchaser shall have its attorney file appropriate pleadings and other documents and instruments with the court or other appropriate body within one hundred twenty (120) days after the Applicable Closing Date, requesting that the Seller be removed as a party plaintiff to litigation and substituting Purchaser, the Investor with respect to such Serviced Mortgage Loan or another appropriate party plaintiff (“New Plaintiff”), as the real party-in-interest. If Purchaser is unable, as a matter of applicable Law, due to the actions or inactions of third parties unrelated to Purchaser and over whom Purchaser has no control, to cause the Sellers to be replaced by a New Plaintiff in Assumed Litigation as required by this Section 7.10(m)(i), Purchaser shall provide to the Sellers, within one hundred twenty (120) days after the Applicable Closing Date, notice to such effect and stating the reasons for such failure. Notwithstanding the foregoing, Purchaser shall not be required to request a New Plaintiff to be substituted for a Seller as the party plaintiff in a Foreclosure Action if Purchaser determines in its reasonable discretion that such substitution is not necessary or advisable to complete the foreclosure.
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Related to Serviced Mortgage Loans in Litigation

  • Sale of Defaulted Mortgage Loans and REO Properties (a) (i) Within thirty (30) days after a Defaulted Mortgage Loan has become a Specially Serviced Mortgage Loan, the Special Servicer shall order (but shall not be required to have received) an Appraisal and within thirty (30) days of receipt of the Appraisal shall determine the fair value of such Defaulted Mortgage Loan in accordance with the Servicing Standard; provided, however, that if the Special Servicer is then in the process of obtaining an Appraisal with respect to the related Mortgaged Property, the Special Servicer shall make its fair value determination as soon as reasonably practicable (but in any event within thirty (30) days) after its receipt of such an Appraisal. The Special Servicer may, from time to time, adjust its fair value determination based upon changed circumstances, new information and other relevant factors, in each instance in accordance with a review of such circumstances and new information in accordance with the Servicing Standard; provided that the Special Servicer shall promptly notify the Master Servicer in writing of the initial fair value determination and any adjustment to its fair value determination.

  • Mortgage Loan The appraisal was conducted by an appraiser who had no interest, direct or indirect, in the Mortgaged Property or in any loan made on the security thereof; and whose compensation is not affected by the approval or disapproval of the Mortgage Loan, and the appraisal and the appraiser both satisfy the applicable requirements of Title XI of the Financial Institution Reform, Recovery, and Enforcement Act of 1989 and the regulations promulgated thereunder, all as in effect on the date the Mortgage Loan was originated;

  • Servicing of the Mortgage Loans Section 3.01.

  • ADMINISTRATION AND SERVICING OF THE MORTGAGE LOANS Section 3.01 The Master Servicer to act as Master Servicer.

  • Conveyance of the Subsequent Mortgage Loans (a) Subject to the conditions set forth in paragraph (b) below in consideration of the Trustee's delivery on the Subsequent Transfer Dates to or upon the order of the Depositor of all or a portion of the balance of funds in the Pre-Funding Account, the Depositor shall on any Subsequent Transfer Date sell, transfer, assign, set over and convey without recourse to the Trust Fund but subject to the other terms and provisions of this Agreement all of the right, title and interest of the Depositor in and to (i) the Subsequent Mortgage Loans identified on the Mortgage Loan Schedule attached to the related Subsequent Transfer Instrument delivered by the Depositor on such Subsequent Transfer Date, (ii) principal due and interest accruing on the Subsequent Mortgage Loans after the related Subsequent Cut-off Date and (iii) all items with respect to such Subsequent Mortgage Loans to be delivered pursuant to Section 2.01 and the other items in the related Mortgage Files; PROVIDED, HOWEVER, that the Depositor reserves and retains all right, title and interest in and to principal received and interest accruing on the Subsequent Mortgage Loans prior to the related Subsequent Cut-off Date. The transfer to the Trustee for deposit in the Mortgage Pool by the Depositor of the Subsequent Mortgage Loans identified on the Mortgage Loan Schedule shall be absolute and is intended by the Depositor, the Master Servicer, the Trustee and the Certificateholders to constitute and to be treated as a sale of the Subsequent Mortgage Loans by the Depositor to the Trust Fund. The related Mortgage File for each Subsequent Mortgage Loan shall be delivered to the Trustee at least three Business Days prior to the related Subsequent Transfer Date. The purchase price paid by the Trustee from amounts released from the Pre-Funding Account shall be one-hundred percent (100%) of the aggregate Stated Principal Balance of the Subsequent Mortgage Loans so transferred (as identified on the Mortgage Loan Schedule provided by the Depositor). This Agreement shall constitute a fixed-price purchase contract in accordance with Section 860G(a)(3)(A)(ii) of the Code.

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