Special Reporting. With respect to each Mortgage Loan, following the related Servicing Transfer Date, the Purchaser shall use reasonable efforts to furnish to the Seller within a reasonable timeframe a loan level electronic tape (in a form reasonably acceptable to the Seller) containing such data fields and elements requested by the Seller and reasonably available to the Purchaser (whether maintained by the Purchaser or any successor servicer to the Seller), to monitor such repurchased Mortgage Loans for quality control purposes and to complete such reports with respect to such repurchased Mortgage Loans as may be necessary to comply with OCC, regulatory, and community obligations of the Seller and its Affiliates. The Seller shall provide defined data requirements and will bear, at its sole expense, any additional programming needed for the Purchaser to produce and compile data or reports as may be mutually agreed upon by the Purchaser and the Seller. Upon the Seller's reasonable request and at the Seller's expense, the Purchaser shall also use reasonable efforts to prepare and furnish (or cause any successor servicer to the Interim Servicer to prepare and furnish) to the Seller the delinquency reports and other reports requested by the Seller as set forth above. If applicable law now, or at any time in the future, limits the ability of the Purchaser to provide the tape or any specific data to the Seller, the Purchaser shall cooperate with the Seller to investigate whether alternate methods for providing such information to the Seller are available. The parties hereto agree that the inability of the Purchaser to provide any of the data, reports or other information requested by the Seller pursuant to this Section shall in no event constitute a breach of the terms of this Agreement or give rise to any cause of action in favor of the Seller against the Purchaser in connection with such inability.
Appears in 7 contracts
Samples: Seller's Purchase, Warranties and Interim Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-13arx), Seller's Purchase, Warranties and Interim Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-8ar), Seller's Purchase, Warranties and Interim Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-6ar)
Special Reporting. With respect to each Mortgage Loan, following the related Servicing Transfer Date, the Purchaser shall use reasonable efforts to furnish to the Seller within a reasonable timeframe a loan level electronic tape (in a form reasonably acceptable to the Seller) containing such data fields and elements requested by the Seller and reasonably available to the Purchaser (whether maintained by the Purchaser or any successor servicer to the Seller), to monitor such repurchased Mortgage Loans for quality control purposes and to complete such reports with respect to such repurchased Mortgage Loans as may be necessary to comply with OCC, regulatory, and community obligations of the Seller and its Affiliates. The Seller shall provide defined data requirements and will bear, at its sole expense, any additional programming needed for the Purchaser to produce and compile data or reports as may be mutually agreed upon by the Purchaser and the Seller. Upon the Seller's ’s reasonable request and at the Seller's ’s expense, the Purchaser shall also use reasonable efforts to prepare and furnish (or cause any successor servicer to the Interim Servicer to prepare and furnish) to the Seller the delinquency reports and other reports requested by the Seller as set forth above. If applicable law now, or at any time in the future, limits the ability of the Purchaser to provide the tape or any specific data to the Seller, the Purchaser shall cooperate with the Seller to investigate whether alternate methods for providing such information to the Seller are available. The parties hereto agree that the inability of the Purchaser to provide any of the data, reports or other information requested by the Seller pursuant to this Section shall in no event constitute a breach of the terms of this Agreement or give rise to any cause of action in favor of the Seller against the Purchaser in connection with such inability.
Appears in 2 contracts
Samples: Seller’s Purchase, Warranties and Interim Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Seller’s Purchase, Warranties and Interim Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-11ar)
Special Reporting. With respect to each Mortgage Loan, following the related Servicing Transfer Date, the Purchaser shall use reasonable efforts to furnish to the Seller within a reasonable timeframe a loan level electronic tape (in a form reasonably acceptable to the Seller) containing such data fields and elements requested by the Seller and reasonably available to the Purchaser (whether maintained by the Purchaser or any successor servicer to the Seller), to monitor such repurchased Mortgage Loans for quality control purposes and to complete such reports with respect to such repurchased Mortgage Loans as may be necessary to comply with OCC, regulatory, and community obligations of the Seller and its Affiliates. The Seller shall provide defined data requirements and will bear, at its sole expense, any additional programming needed for the Purchaser to produce and compile data or reports as may be mutually agreed upon by the Purchaser and the Seller. Upon the Seller's ’s reasonable request and at the Seller's ’s expense, the Purchaser shall also use reasonable efforts to prepare and furnish (or cause any successor servicer to the Interim Servicer to prepare and furnish) to the Seller the delinquency reports and other reports requested by the Seller as set forth above. If applicable law now, or at any time in the future, limits the ability of the Purchaser to provide the tape or any specific data to the Seller, the Purchaser shall cooperate with the Seller to investigate whether alternate methods for providing such information to the Seller are available. The parties hereto agree that the inability of the Purchaser to provide any of the data, reports or other information requested by the Seller pursuant to this Section shall in no event constitute a breach of the terms of this Agreement or give rise to any cause of action in favor of the Seller against the Purchaser in connection with such inability. With respect to each Mortgage Loan, the Mortgage File shall include each of the following items, which shall be available for inspection by the Purchaser, and which shall be retained by the Seller in the Servicing File or delivered to the Purchaser or its designee pursuant to Section 2.04 of the First Amended and Restated Seller’s Purchase, Warranties and Interim Servicing Agreement.
1. The original Mortgage Note endorsed “Pay to the order of ___________________ without recourse,” and signed in the name of the Seller by an authorized officer, with all intervening endorsements showing a complete chain of title from the originator to the Seller. If the Mortgage Loan was acquired by the Seller in a merger, the endorsement must be by “[Seller], successor by merger to the [name of predecessor]”. If the Mortgage Loan was acquired or originated by the Seller while doing business under another name, the endorsement must be by “[Seller] formerly known as [previous name]”. If the original note is unavailable, seller will provide an affidavit of lost note (in form acceptable to the Purchaser) stating that the original Mortgage Note was lost or destroyed, together with a copy of such Mortgage Note and indemnifying the Purchaser against any and all claims arising as a result of any person or entity claiming they are the holder of the note or that the note has been paid off and returned.
2. A true certified copy, certified by the [title insurer], of the applicable First Lien Loan.
3. Except as provided below and for each Mortgage Loan that is not a MERS Mortgage Loan, the original Mortgage with evidence of recording thereon, or a copy thereof certified by the public recording office in which such mortgage has been recorded or, if the original Mortgage has not been returned from the applicable public recording office, a true certified copy, certified by the [title insurer], of the original Mortgage together with a certificate of the Seller certifying that the original Mortgage has been delivered for recording in the appropriate public recording office of the jurisdiction in which the Mortgaged Property is located and in the case of each MERS Mortgage Loan, the original Mortgage, noting the presence of the MIN of the Mortgage Loans and either language indicating that the Mortgage Loan is a MOM Loan or if the Mortgage Loan was not a MOM Loan at origination, the original Mortgage and the assignment thereof to MERS, with evidence of recording indicated thereon, or a copy of the Mortgage certified by the public recording office in which such Mortgage has been recorded.
4. The original or certified to be a true copy or if in electronic form identified on the Mortgage Loan Schedule, the certificate number, certified by the Seller, of the related Primary Mortgage Insurance Policy, if required.
5. In the case of each Mortgage Loan that is not a MERS Mortgage Loan, the original Assignment of Mortgage, from the Seller in accordance with Purchaser’s instructions, which assignment shall, but for any blanks requested by the Purchaser, be in form and substance acceptable for recording, or a copy certified by the Seller as a true and correct copy of the original Assignment which has been sent for recordation. If the Mortgage Loan was acquired or originated by the Seller while doing business under another name, the Assignment must be by “[Seller] formerly known as [previous name]”.
6. With respect to Mortgage Loans that are not Co-op Loans, the original policy of title insurance, including riders and endorsements thereto, or if the policy has not yet been issued, a written commitment or interim binder or preliminary report of title issued by the title insurance or escrow company.
Appears in 1 contract