Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp., its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp., its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp., has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;
Appears in 6 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-Wmc1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-Wmc2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2006-Wmc1)
Title Insurance. The Purchased Mortgage Loan is covered by either (i) an ALTA lender's irrevocable title insurance policycommitment, or with respect an attorney’s opinion of title and abstract of title, each of which must be in form and substance acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage applicable Loan was originated) Program Authority and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market applicable Loan Program Authority and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Purchased Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 6 contracts
Sources: Master Repurchase Agreement and Securities Contract (Radian Group Inc), Master Repurchase Agreement and Securities Contract (Radian Group Inc), Master Repurchase Agreement and Securities Contract (Radian Group Inc)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) lien, as applicable, of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii2), (iii3) and (iv4) of representation 10 paragraph (j) of this Schedule III, Subsection 9.02 and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made are pending under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 6 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2005-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an American Land Title Association lender's ’s title insurance policy, or other generally acceptable form of policy or insurance comparable policy acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as Mac and approved for use in effect on the date that such Mortgage Loan was originated) applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market industry and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii2), (iii) and (iv3) below of paragraph (l) of representation 10 this Part I of this Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate mortgage interest rate and Scheduled Paymentmonthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 6 contracts
Sources: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (loanDepot, Inc.)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (ia), (ii), (iiib) and (ivc) of representation 10 paragraph (i) of this Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 6 contracts
Sources: Master Repurchase Agreement (DITECH HOLDING Corp), Master Repurchase Agreement (Impac Mortgage Holdings Inc), Master Repurchase Agreement (Walter Investment Management Corp)
Title Insurance. The (a) Such Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance short form title policy acceptable to Fannie Mae or Freddie Mac with respect to Mortgage LoF▇▇▇▇▇ M▇▇ and F▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines Mac (as or, in effect on the date that such Mortgage Loan was originated) and each such jurisdictions where ALTA policies are not generally approved for use, a lender’s title insurance policy is acceptable to F▇▇▇▇▇ M▇▇ and F▇▇▇▇▇▇ Mac), issued by a title insurer acceptable to prudent lenders in the secondary mortgage market F▇▇▇▇▇ Mae and F▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the related Mortgaged Property is located, insuring WMC Mortgage Corp.(subject to the exceptions contained in clauses (12)(a) and (b) above) the Seller or Servicer, its successors and assigns, assigns as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the related Mortgage in the original principal amount of the such Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, Loan and in the case of Adjustable Rate Mortgage ARM Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the such Mortgage providing for adjustment to the Mortgage applicable Note Rate and Scheduled Monthly Payment. Additionally, either such lender’s title insurance policy affirmatively insures that there is ingress and egress to and from the Mortgaged Property and the lender’s title insurance policy affirmatively insures against encroachments by or upon the related Mortgaged Property or any interest therein or any other adverse circumstance that either is disclosed or would have been disclosed by an accurate survey. Where required by applicable state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon The originator of the Mortgaged Property or any interest therein. WMC Mortgage Corp.Loan, its successor and assigns, are and/or assignee is the sole insureds insured of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser without any further act. No claims have been made under such lender's ’s title insurance policy, and no neither the Seller nor any prior holder of the related Mortgage, including WMC Mortgage Corp., has done, by act or omission, anything which that would impair the coverage of such lender's title ’s insurance policy, includingand there is no act, without limitationomission, no condition, or information that would impair the coverage of such lender’s insurance policy; (b) The mortgage title insurance policy covering each unit mortgage in a condominium or PUD project related to such Mortgage Loan meets all requirements of F▇▇▇▇▇ Mae and F▇▇▇▇▇▇ Mac. No Person has provided or received any unlawful fee, commission, kickback kickback, or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.in connection with the title insurance policy;
Appears in 5 contracts
Sources: Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2013-1), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2012-3), Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Sequoia Mortgage Trust 2012-2)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lothe FHA, ▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market FHA, ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of representation 10 paragraph (j) of this Part I of Schedule III1, with respect to each Loan, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 4 contracts
Sources: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (Sirva Inc), Master Repurchase Agreement (Tree.com, Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is Mac, issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (of the Mortgage with respect to a First Lien Mortgage Loan) or Loans and second priority lien (of the Mortgage with respect to a Second Lien Mortgage Loan) of the Mortgage Loans in the original principal amount of the Mortgage LoanLoan (or with respect to Negative Amortization Mortgage Loans, the maximum amount of negative amortization in accordance with the Mortgage) and against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 paragraph (j) of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled PaymentSection 4.02. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp., its successor and assigns, are The Seller is the sole insureds insured of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 4 contracts
Sources: Flow Mortgage Loan Purchase, Warranties and Servicing Agreement (Structured Adjustable Rate Mortgage Loan Trust Series 2007-5), Servicing Agreement (Lehman Mortgage Trust 2007-10), Servicing Agreement (LXS 2007-3)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), (iii1) and (iv2) of representation 10 paragraph (j) of this Schedule IIISubsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller, its successor and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 4 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-12), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring WMC Mortgage Corp.Aames, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) priority lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of representation 10 paragraph (j) of this Schedule IIIV, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.Aames, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.Aames, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.Aames;
Appears in 4 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He3), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He8), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He4)
Title Insurance. The (a) Such Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such ’s title insurance policy is or short form title policy acceptable to FNMA and FHLMC (or, in jurisdictions where ALTA policies are not generally approved for use, a lender’s title insurance policy acceptable to FNMA and FHLMC), issued by a title insurer acceptable to prudent lenders in the secondary mortgage market FNMA and FHLMC and qualified to do business in the jurisdiction where the related Mortgaged Property is located, insuring WMC Mortgage Corp.(subject to the exceptions contained in clauses (11)(a) and (b) above) the applicable Seller/Servicer, its successors and assigns, assigns as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the related Mortgage in the original principal amount of the such Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, Loan including any Negative Amortization and in the case of Adjustable Rate Mortgage ARM Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the such Mortgage providing for adjustment to the Mortgage applicable Note Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, either such lender's ’s title insurance policy affirmatively insures that there is ingress and egress, egress to and from the Mortgaged Property or the Seller/Servicer warrants that there is ingress and egress to and from the Mortgaged Property and the lender’ s title insurance policy affirmatively insures against encroachments by or upon the related Mortgaged Property or any interest thereintherein or any other adverse circumstance that either is disclosed or would have been disclosed by an accurate survey. WMC Mortgage Corp., its successor and assigns, are The applicable Seller/Servicer is the sole insureds insured of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this Agreementthe PHH Agreement and will inure to the benefit of RWT Holdings without any further act. No claims have been made under such lender's ’s title insurance policy, and no neither the applicable Seller/Servicer, nor any prior holder of the related Mortgage, including WMC Mortgage Corp., has done, by act or omission, anything which that would impair the coverage of such lender's title ’s insurance policy, includingand there is no act, without limitationomission, no unlawful feecondition, commission, kickback or other unlawful compensation information that would impair the coverage of such lender’s insurance policy; (b) The mortgage title insurance policy covering each unit mortgage in a condominium or value PUD project related to such Mortgage Loan meets all requirements of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, FNMA and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.FHLMC;
Appears in 4 contracts
Sources: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-1), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-2), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-3)
Title Insurance. The Mortgage Other than with respect to a Cooperative Loan, the Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans or reverse mortgage loans, as applicable, in the area wherein the Mortgaged Property is located or (ii) an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae the applicable Agency, FHA, VA, RHS or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) HUD and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market applicable Agency, FHA, VA, RHS or HUD and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of representation 10 paragraph (l) of this Schedule III1, and in the case of Adjustable Rate Mortgage adjustable rate Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 4 contracts
Sources: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac in accordance with the Asset Guidelines, with respect to each Agency Mortgage LoLoan, acceptable to ▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (Mac, as in effect on applicable, and with respect to FHA Loans, USDA Loans and VA Loans, the date that such Mortgage Loan was originated) FHA, USDA or the VA, as the case may be, and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac, as applicable, and with respect to FHA Loans, USDA Loans and VA Loans, the secondary mortgage market FHA, USDA or the VA, as the case may be, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the applicable Seller Party, its successors and assigns, as to the first priority lien (of the Mortgage other than Second Lien Mortgage Loans, and with respect to a First Second Lien Mortgage Loan) or Loans as to the second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage related Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), ) - (ii), (iii) and (ivv) of representation 10 paragraph (m) of this Schedule III1-A, and in the case of Adjustable Rate an adjustable rate Mortgage LoansLoan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The applicable Seller Party, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.the related Seller Party, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;such Seller Party.
Appears in 4 contracts
Sources: Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he under the Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in under the secondary mortgage market Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), (iii) and (ivii) of representation 10 paragraph (j) of this Schedule IIISubsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller, its successor and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 4 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he under the Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in under the secondary mortgage market Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) priority lien of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 paragraph (j) of this Schedule IIISubsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller, its successor and assigns, are the sole insureds insured of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 3 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)
Title Insurance. The (a) Such Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such ’s title insurance policy is or short form title policy acceptable to FNMA and FHLMC (or, in jurisdictions where ALTA policies are not generally approved for use, a lender’s title insurance policy acceptable to FNMA and FHLMC), issued by a title insurer acceptable to prudent lenders in the secondary mortgage market FNMA and FHLMC and qualified to do business in the jurisdiction where the related Mortgaged Property is located, insuring WMC (subject to the exceptions contained in clauses (12)(a), (b) and (c) above, and with respect to each Second Lien Mortgage Corp.Loan, clause 12(d) above) the Seller or Servicer, its successors and assigns, assigns as to the first priority lien (with respect to a First Lien Mortgage Loan) or the second priority lien (with respect to a Second Lien Mortgage Loan) of the related Mortgage in the original principal amount of the such Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, Loan including any Negative Amortization and in the case of Adjustable Rate Mortgage ARM Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the such Mortgage providing for adjustment to the Mortgage applicable Note Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, either such lender's ’s title insurance policy affirmatively insures that there is ingress and egress, egress to and from the Mortgaged Property or the Seller warrants that there is ingress and egress to and from the Mortgaged Property and the lender’ s title insurance policy affirmatively insures against encroachments by or upon the related Mortgaged Property or any interest thereintherein or any other adverse circumstance that either is disclosed or would have been disclosed by an accurate survey. WMC Mortgage Corp., its successor and assigns, are The Seller or Servicer is the sole insureds insured of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser without any further act. No claims have been made under such lender's ’s title insurance policy, and no neither the Seller, nor to the best of Seller’s knowledge, any prior holder of the related Mortgage, including WMC Mortgage Corp., has done, by act or omission, anything which that would impair the coverage of such lender's title ’s insurance policy, includingand there is no act, without limitationomission, no unlawful feecondition, commission, kickback or other unlawful compensation information that would impair the coverage of such lender’s insurance policy; (b) The mortgage title insurance policy covering each unit mortgage in a condominium or value PUD project related to such Mortgage Loan meets all requirements of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, FNMA and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;FHLMC.
Appears in 3 contracts
Sources: Mortgage Loan Flow Purchase, Sale & Servicing Agreement, Mortgage Loan Flow Purchase, Sale & Servicing Agreement (Thornburg Mortgage Securities Trust 2006-1), Mortgage Loan Purchase, Sale & Servicing Agreement (J.P. Morgan Mortgage Trust 2006-A1)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he under the Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in under the secondary mortgage market Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), (iii) and (ivii) of representation 10 clause (j) of this Schedule IIISubsection 7.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller, its successor and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 3 contracts
Sources: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-13), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage LoLoans and each ▇▇▇▇ t▇▇d ▇e in▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jur▇▇▇▇▇▇ion wher▇ ▇▇▇ ▇ortgaged Property is located, insuring WMC New Century Mortgage Corp.Corporation, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iviii) of representation 10 of this Schedule IIIVII, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.NC Capital, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC New Century Mortgage Corp.Corporation and NC Capital, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC New Century Mortgage Corp.Corporation or NC Capital;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He1), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He6), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He2)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's irrevocable title insurance policycommitment, or with respect an attorney’s opinion of title and abstract of title, each of which must be in form and substance acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage applicable Loan was originated) Program Authority and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market applicable Loan Program Authority and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of representation 10 paragraph (i) of this Schedule III1-A, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 3 contracts
Sources: Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.), Master Repurchase Agreement and Securities Contract (Home Point Capital Inc.), Master Repurchase Agreement (Home Point Capital Inc.)
Title Insurance. The Mortgage Loan is covered by an An ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is (or a title insurance commitment marked through the Loan closing date with all Schedule B-1 requirements and standard exceptions deleted), issued by a title insurer acceptable to prudent lenders the Title Company (which shall be approved by the Administrative Agent) in the secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp., its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal maximum amount of the Loan plus any other amount secured by the Mortgage, insuring that the Mortgage Loanconstitutes a valid lien covering the Land and all Improvements thereon, having the priority required by Administrative Agent and subject only to the those exceptions contained and encumbrances (regardless of rank or priority) Administrative Agent approves, in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule IIIa form acceptable to Administrative Agent, and with all “standard” exceptions which can be deleted, including the exception for matters which a current survey would show, deleted to the fullest extent authorized under applicable title insurance rules, and Borrower shall satisfy all requirements therefor permitted; containing no exception for standby fees or real estate taxes or assessments other than those for the year in which the closing occurs to the extent the same are not then due and payable and endorsed “not yet due and payable” and no exception for subsequent assessments for prior years (other than any lien of supplemental taxes assessed pursuant to California Revenue and Taxation Code Section 75, et sq.); providing full coverage against mechanics’ and materialmens’ liens to the extent authorized under applicable title insurance rules, and Borrower shall satisfy all requirements therefor; insuring that no restrictive covenants shown in the case of Adjustable Rate Mortgage LoansTitle Insurance have been violated, against any loss by reason and that no violation of the invalidity restrictions will result in a reversion or unenforceability forfeiture of title; insuring all appurtenant easements; insuring that fee simple indefeasible or marketable (as coverage is available) fee simple title to the Land and Improvements is vested in Borrower; containing such affirmative coverage and endorsements as Administrative Agent may require and are available under applicable title insurance rules, and Borrower shall satisfy all requirements therefor; insuring any easements, leasehold estates or other matters appurtenant to or benefiting the Land and/or the Improvements as part of the lien resulting from insured estate; insuring the right of access to the Land to the extent authorized under applicable title insurance rules, and Borrower shall satisfy all requirements therefor; and containing provisions acceptable to Administrative Agent regarding advances and/or readvances of Loan funds after closing. Borrower and Borrower’s counsel shall not have any interest, direct or indirect, in the Title Company (or its agent) or any portion of the Mortgage providing premium paid for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp., its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp., has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Title Insurance.
Appears in 3 contracts
Sources: Construction Loan Agreement (Skechers Usa Inc), Construction Loan Agreement (Skechers Usa Inc), Construction Loan Agreement (Skechers Usa Inc)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in Iowa, an attorney's opinion or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title issue▇ ▇▇ ▇ ▇▇▇le insurer acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇e▇▇ the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien first lien Mortgage LoanLoans) or second priority lien (with respect to a Second Lien Mortgage LoanLoans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii2), (iii3) and (iv4) of representation 10 paragraph (j) of this Schedule IIISubsection 9.02, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exceptions or to replace the standard survey exception with a specific survey reading. The Seller, its successor successors and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3), Pooling and Servicing Agreement (GSAMP Trust 2006-He3)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he under the Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in under the secondary mortgage market Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), (iii) and (ivii) of representation 10 paragraph (j) of this Schedule IIISubsection 9.02 of the GMAC-AmNet Agreement, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller, its successor and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this the GMAC-AmNet Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 3 contracts
Sources: Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-2), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-3), Mortgage Loan Purchase and Sale Agreement (Sequoia Mortgage Trust 2007-4)
Title Insurance. The First NLC Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any First NLC Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a first lien First Lien NLC Mortgage LoanLoans) or second priority lien (with respect to a Second Lien Mortgage LoanLoans) of the Mortgage in the original principal amount of the First NLC Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii2), (iii3) and (iv4) of representation 10 paragraph (j) of this Schedule IIIExhibit II, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made are pending under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Gsamp Trust 2005-He2), Pooling and Servicing Agreement (Gsamp Trust 2005-He2), Pooling and Servicing Agreement (GSAMP Trust 2005-He6)
Title Insurance. The Mortgage Loan is covered by an ALTA ALTA, CLTA or TLTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae the applicable Agency or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is mandated by applicable state law, if any, issued by a title insurer acceptable to prudent lenders in the secondary mortgage market applicable Agency or qualified as required under applicable state law and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to assigns the first priority of the lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan and, if such Mortgage Loan is an adjustable rate Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the Mortgage Rate and Scheduled Paymentinterest rate or monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp., The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller and its successor successors and assigns, assigns are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of Buyer and its assigns without any further act. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp., Seller has not done, by act or omission, anything which that would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;.
Appears in 3 contracts
Sources: Master Repurchase Agreement (loanDepot, Inc.), Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (Pennymac Financial Services, Inc.)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Buyer and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market Buyer and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 3 contracts
Sources: Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Finance of America Companies Inc.)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he under the Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in under the secondary mortgage market Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), (iii) and (ivii) of representation 10 clause (j) of this Schedule IIISubsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller, its successor and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No To Seller’s knowledge, no claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 3 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-15ar)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) priority lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), ) and (iii) and of paragraph (ivj) of representation 10 of this Schedule IIISection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind1), Master Servicing and Trust Agreement (BCAP LLC Trust 2006-Aa2), Pooling and Servicing Agreement (BCAP LLC Trust 2008-Ind2)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policypolicy or, or with respect to any Mortgage Loan for which the related Mortgaged Property is Properties located in California California, a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or of insurance acceptable to Fannie Mae FNMA or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is FHLMC, issued by a title insurer acceptable to prudent lenders in the secondary mortgage market FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.each Borrower, its successors and assigns, assigns as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) Loan and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (1), (3) and (4) and, with respect to each Second Lien Mortgage Rate and Scheduled PaymentLoan clause (2), of paragraph (k) of this Part I of this Schedule 1. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exemptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The applicable Borrower, its successor successors and assigns, are the sole insureds insured of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.the Borrowers, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;the Borrowers.
Appears in 3 contracts
Sources: Master Loan and Security Agreement (New Century Financial Corp), Loan Agreement (New Century Financial Corp), Master Loan and Security Agreement (New Century Financial Corp)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he under the Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in under the secondary mortgage market Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), (iii) and (ivii) of representation 10 clause (j) of this Schedule IIISubsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 3 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-3ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-2)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or Except with respect to any (1) Mortgage Loan for which the related secured by a Mortgaged Property is located in California the State of Iowa and an attorney’s certificate and/or a CLTA lender's certificate of title guaranty has been obtained and (2) Mortgage Loan secured by Cooperative Shares, a valid and enforceable title insurance policy, policy has been issued or other generally acceptable form of policy or insurance acceptable a commitment to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each issue such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp., its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of has been obtained for the Mortgage Loan in an amount not less than the original principal amount of the such Mortgage Loan, subject only to which title insurance policy insures that the exceptions contained in clauses (i), (ii), (iii) Mortgage relating thereto is a valid first lien on the property therein described and (iv) that the mortgaged property is free and clear of representation 10 of this Schedule III, all encumbrances and in liens having priority over the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the first lien resulting from the provisions of the Mortgage providing for adjustment to and otherwise in compliance with the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier requirements of the required mortgage title insuranceapplicable Takeout Investor. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of such lender’s title insurance policy. The Guarantor, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and the assignment to the Buyer of the Guarantor’s interest in such lender's ’s title insurance policy does not require any consent of or notification to the Insurer which has not been obtained or made, such lender’s title insurance policy is valid and remains in full force and effect and will be in full force and effect and inure to the benefit of the Buyer upon the consummation of the transactions purchase of the Mortgage Loans as contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder none of the related Mortgageoriginator, including WMC the Seller, Guarantor, any prior owner of such Mortgage Corp.Loan, or any their respective Affiliates or assigns, any servicer or any other Person has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation. In connection with the issuance of such lender’s title insurance policy, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be provided, received, retained or realized by any originator, the Seller, Guarantor, any prior owner of such Mortgage Loan, or any their respective Affiliates or assigns, any servicer or any other Person (including, but not limited to any attorney, firm or other person entity) or entity, and no such unlawful items have been received, retained any of their affiliates or realized by WMC Mortgage Corp.;assigns.
Appears in 3 contracts
Sources: Master Repurchase Agreement (Radian Group Inc), Master Repurchase Agreement (Radian Group Inc), Master Repurchase Agreement (Radian Group Inc)
Title Insurance. The Underlying Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Nominee, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage Mortgage, as applicable, in the original principal amount of the Underlying Mortgage Loan, with respect to an Underlying Mortgage Loan (or to the extent a Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), ) and (iii) and of paragraph (ivh) of representation 10 of this Schedule III1-B, and in the case of Adjustable Rate adjustable rate Underlying Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate mortgage interest rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The applicable originator, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of or may invalidate any such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;.
Appears in 3 contracts
Sources: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer t▇▇▇▇ ▇▇surer acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction jur▇▇▇▇▇▇ion where the Mortgaged ▇ortgaged Property is located, insuring WMC Mortgage Corp.NC Capital, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) priority lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), ) and (iii) and of paragraph (ivj) of representation 10 of this Schedule IIISection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.NC Capital, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.NC Capital, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.NC Capital;
Appears in 3 contracts
Sources: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Nc1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Nc1), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2005-He1)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA or CLTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he under the Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in under the secondary mortgage market Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), (iii) and (ivii) of representation 10 clause (j) of this Schedule IIISubsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller, its successor and assigns, are the sole insureds insured of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 3 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-5ax), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) lien, as applicable, of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (ia), (ii), (iiib) and (iv) of representation 10 of this Schedule IIIc), and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.Seller;”
Appears in 2 contracts
Sources: Master Repurchase Agreement (Homebanc Corp), Master Repurchase Agreement (Homebanc Corp)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a issue▇ ▇▇ ▇ ▇▇▇eral▇▇ ▇▇▇▇pted title insurer acceptable to prudent lenders in the secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Responsible Party, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) priority lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), ) and (iii) and of paragraph (ivj) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Responsible Party, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Responsible Party, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Responsible Party;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-Nc2), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-Nc1)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is locatedQualified Insurer, insuring WMC (subject to the exceptions contained above in Section 7.02(j)(a) and (b) and, with respect to each Mortgage Corp.Loan which is indicated by the Seller to be a Second Lien Mortgage Loan (as reflected on the Mortgage Loan Schedule) clause (d)) the Seller, its successors and assigns, or the Originator, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii1) and (iv2) of representation 10 paragraph (j) of this Schedule IIISubsection 7.02, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.Either the Seller, its successor and assigns, or the Originator, its successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and the related Purchase Price and Terms Letter. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller and the Originator, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller and the Originator;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (MASTR Asset Backed Securities Trust 2005-Nc2), Pooling and Servicing Agreement (Mastr Asset Backed Securities Trust 2006-Nc1, Mortgage Pass-Through Certificates, Series 2006-Nc1)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) priority lien of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), ) and (iii) and of paragraph (ivj) of representation 10 of this Schedule IIISection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and Seller has no knowledge that any prior holder of the related Mortgage, including WMC Mortgage Corp., has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, includingand Seller has not done, without limitationby act or omission, anything that would impair the coverage of such lender's title insurance policy. Seller has no knowledge that any unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Sabr Trust 2005-Fr2), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2005-He1)
Title Insurance. The Other than HELOCs where the Underwriting Guidelines provide for origination without title insurance and the Take-out Investor does not require title insurance for its purchase thereof, the Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the related Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan other than a HELOC, or the original Credit Limit, with respect to a HELOC (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) and, with respect to Second Lien Mortgage Loans, clause (4) of representation 10 paragraph (i) of this Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The related Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.the related Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;the related Seller.
Appears in 2 contracts
Sources: Master Repurchase Agreement (ECC Capital CORP), Master Repurchase Agreement (Fieldstone Investment Corp)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) FNMA and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market FNMA and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of representation 10 paragraph (j) of this Schedule IIISubsection 8.2, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policypolicy and, and no neither the Seller nor, to the best knowledge of Seller, any other prior holder of the related Mortgage, including WMC Mortgage Corp., has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 2 contracts
Sources: Residential Mortgage Loan Purchase and Warranties Agreement (Peoples Preferred Capital Corp), Residential Mortgage Loan Purchase and Warranties Agreement (Peoples Preferred Capital Corp)
Title Insurance. The Mortgage Loan Except if the related Underwriting Guidelines do not require title insurance, the HELOC is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located or (ii) except with respect to HELOCs covered by a Master Secondary Loan Policy acquired from Old Republic Home Protection and/or an errors and omissions policy approved by the Buyer in California a CLTA its sole discretion, an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Mac or acceptable pursuant to the applicable Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy or such other acceptable form of policy or insurance is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is locatedQualified Insurer, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) lien, as applicable, of the Mortgage Mortgage, in the original principal amount of the Mortgage LoanHELOC, subject only to the exceptions contained in clauses (i), (ii), (iii) and (ivi)-(iv) of representation 10 paragraph (i) of this Schedule IIIExhibit B. Additionally, such title insurance policy affirmatively insures ingress and egress, and in against encroachments by or upon the case of Adjustable Rate Mortgage Loans, against related Mortgaged Property or any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Paymentinterest therein. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, the assignment to the Purchaser of the Seller’s interest in such title insurance policy does not require any consent or notification to the insurer which has not been obtained or made, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 2 contracts
Sources: Heloc Flow Purchase and Servicing Agreement (PennyMac Financial Services, Inc.), Heloc Flow Purchase and Servicing Agreement (PennyMac Mortgage Investment Trust)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA lender's or (ii) an ALTA Lender’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae FNMA or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) FHLMC and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Borrower, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (ii2), (iii3) and and, with respect to each Mortgage Loan which is indicated by the Borrower to be a Second Lien Mortgage Loan (ivas reflected on the Mortgage Loan Data Transmission) clause (4)] of paragraph (j) of representation 10 this Part I of this Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's Lender’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Borrower, its successor successors and assigns, are the sole insureds of such lender's Lender’s title insurance policy, and such lender's Lender’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan Agreement. No claims have been made under such lender's Lender’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.the Borrower, has done, by act or omission, anything which would impair the coverage of such lender's Lender’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;the Borrower.
Appears in 2 contracts
Sources: Master Loan and Security Agreement (Aames Investment Corp), Master Loan and Security Agreement (Aames Financial Corp/De)
Title Insurance. The Mortgage Loan is covered by an ALTA or CLTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is Mac, issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC (subject to the exceptions contained in (h)(i), (h)(ii) and (h)(iii) and, with respect to each Mortgage Corp.Loan which is indicated by the Seller to be a Second Lien Mortgage Loan (as reflected on the Mortgage Loan Schedule), in (h)(iv)) the Seller, its successors and assigns, assigns with respect to First Lien Mortgage Loans as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan and, subject only with respect to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate ARM Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the Mortgage Interest Rate and Scheduled or Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp., The Seller and its successor successors and assigns, assigns are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of the Purchaser and its assigns without any further act. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp., Seller has not done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;.
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1), Pooling and Servicing Agreement (Jpmac 2006-He2)
Title Insurance. The Except in the case of Coop Loans, the Mortgage Loan is covered by either (i) an attorney's opinion of title and abstract of title the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located or (ii) an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae FNMA or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is FHLMC, issued by a title insurer acceptable to prudent lenders in the secondary mortgage market FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Company, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability enforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (1), (2) and (3) of paragraph (j) of this Section 3.02 and against any loss resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.If the Mortgaged Property is a condominium unit located in a state in which a title insurer will generally issue an endorsement, its successor and assigns, are then the related title insurance policy contains an endorsement insuring the validity of the creation of the condominium form of ownership with respect to the project in which such unit is located. The Company is the sole insureds insured of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions loan sale transaction contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Company, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, policy including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Company;
Appears in 2 contracts
Sources: Mortgage Loan Sale, Warranties and Servicing Agreement (Structured Asset Securities Corp), Mortgage Loan Sale, Warranties and Servicing Agreement (Structured Asset Securities Corp)
Title Insurance. The MLN Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any MLN Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect a prudent lender making mortgage loans similar to the MLN Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Loans, and each such title insurance policy is issued by a title insurer acceptable to a prudent lenders in lender making mortgage loans similar to the secondary mortgage market MLN Mortgage Loans, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.MLN, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage LoanLoans) or second priority lien (with respect to a Second Lien Mortgage LoanLoans) of the Mortgage in the original principal amount of the MLN Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii2), (iii3) and (iv4) of representation 10 paragraph (j) of this Schedule IIISubsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses. MLN, its successor successors and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this the MLN Agreement. No claims have been made are pending under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.MLN, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.MLN;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-He7), Pooling and Servicing Agreement (GSAMP Trust 2006-He5)
Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions originating the same or similar types of mortgage loans in the jurisdiction wherein the Mortgaged Property is located, or (ii) an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the relevant Borrower, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of representation 10 paragraph (j) of this Part I of Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The relevant Borrower, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.any Borrower, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;any Borrower.
Appears in 2 contracts
Sources: Loan Agreement (Aames Investment Corp), Master Loan and Security Agreement (Aames Financial Corp/De)
Title Insurance. The Meritage Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Meritage Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lenderIowa, an attorney's title insurance policy, opinion or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇ere the Mortgaged ▇▇▇▇▇▇▇ed Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien first lien Meritage Mortgage LoanLoans) or second priority lien (with respect to a Second Lien Mortgage LoanLoans) of the Mortgage in the original principal amount of the Meritage Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii2), (iii3) and (iv4) of representation 10 paragraph (j) of this Schedule Exhibit III, and in the case of Adjustable Rate adjustable rate the Meritage Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exceptions or to replace the standard survey exception with a specific survey reading. The Seller, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2005-He4), Pooling and Servicing Agreement (GSAMP Trust 2005-He4)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac with respect a prudent lender of mortgage loans substantially similar to the Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is Loans, issued by a title insurer acceptable to a prudent lenders in lender of mortgage loans substantially similar to the secondary mortgage market Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (A), (B), and (C), and with respect to each Second Lien Mortgage Rate and Scheduled Payment. Loan clause (D) of Paragraph (10) of this Schedule I. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp., The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller its successor successors and assigns, are assigns is the sole insureds insured of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.Seller;
Appears in 2 contracts
Sources: Master Repurchase Agreement (ECC Capital CORP), Master Repurchase Agreement (ECC Capital CORP)
Title Insurance. The Mortgage Loan is covered by an ALTA or CLTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is Mac, or state law, issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac, or state law and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, assigns as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan and, if such Mortgage Loan is an adjustable rate Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the Mortgage Rate and Scheduled Paymentinterest rate or monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp., The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller and its successor successors and assigns, assigns are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of Buyer and its assigns without any further act. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp., Seller has not done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;.
Appears in 2 contracts
Sources: Master Repurchase Agreement, Master Repurchase Agreement (Pulte Homes Inc/Mi/)
Title Insurance. The Mortgage Loan is covered by either (i) an attorney's opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae FNMA or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) FHLMC and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Borrower, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) , and with respect to each Mortgage Loan which is indicated by the Borrower to be a Second Lien Mortgage Loan (as reflected on the Mortgage Loan Schedule) clause (4) of representation 10 paragraph (j) of this Part I of Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Borrower, its successor successors and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan Agreement. No claims have been made under such lender's title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.the Borrower, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;the Borrower.
Appears in 2 contracts
Sources: Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc), Master Loan and Security Agreement (Hanover Capital Mortgage Holdings Inc)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer issue▇ ▇▇ ▇ ▇▇▇le i▇▇▇▇▇▇ that would be acceptable to a prudent lenders in lender making mortgage loans similar to the secondary mortgage market Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Responsible Party, its successors and assigns, as to the first priority lien (with respect to a First Lien first lien Mortgage LoanLoans) or second priority lien (with respect to a Second Lien Mortgage LoanLoans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (ia), (iib), (iiic) and (ivd) of representation 10 (10) of this Schedule IIIIV, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exceptions or to replace the standard survey exception with a specific survey reading. The Responsible Party, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Responsible Party, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Responsible Party;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-Nc2), Pooling and Servicing Agreement (GS Mortgage Securities Corp GSAMP Trust 2004-Nc2)
Title Insurance. The At origination, the Mortgage Loan is was covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans or reverse mortgage loans, as applicable, in the area wherein the Mortgaged Property was located or (ii) an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (, FHA, VA or HUD as in effect on the date that such Mortgage Loan was originated) applicable and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ ▇▇▇, FHA, VA or HUD as applicable and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Nominee, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), ) and (iii) and (iv) of representation 10 paragraph f of this section of Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been was given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, at origination, such lender's ’s title insurance policy affirmatively insures insured ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.At origination, its successor the title policy did not contain any special exceptions (other than the standard exclusions) for zoning and assigns, are the sole insureds of such lender's title insurance policy, uses and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp., has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been marked to delete the standard survey exception or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;to replace the standard survey exception with a specific survey reading.
Appears in 2 contracts
Sources: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he under the Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in under the secondary mortgage market Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), (iii) and (ivii) of representation 10 paragraph (j) of this Schedule IIISubsection 7.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 2 contracts
Sources: Mortgage Loan Sale and Servicing Agreement (Sunset Financial Resources Inc), Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect prudent originators of mortgage loans similar to the Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Loans and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in originators of mortgage loans similar to the secondary mortgage market Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Fremont, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of representation 10 paragraph (j) of this Schedule IIISubsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Fremont, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is was valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreementeffect. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Depositor, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Depositor;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He7), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He5)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage LoLoans and purs▇▇▇▇ ▇▇d o ▇▇rsuae Un▇▇ ▇▇ ▇he Underwriting ▇▇▇▇ing Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp., its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp., its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp., has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc2), Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-Wmc3)
Title Insurance. The Mortgage Loan is covered by an ALTA ALTA, CLTA or TLTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae the applicable Agency or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is mandated by applicable state law, if any, issued by a title insurer acceptable to prudent lenders in the secondary mortgage market applicable Agency or qualified as required under applicable state law and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, assigns as to the first priority of the lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses clause (i)b) above, (ii)and, (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate if such Mortgage LoansLoan is an adjustable rate Mortgage Loan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the Mortgage Rate and Scheduled Paymentinterest rate or monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp., The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller and its successor successors and assigns, assigns are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp., Seller has not done, by act or omission, anything which that would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;.
Appears in 2 contracts
Sources: Master Repurchase Agreement (Rocket Companies, Inc.), Master Repurchase Agreement (Rocket Companies, Inc.)
Title Insurance. The Weichert Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Weichert Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title issue▇ ▇▇ ▇ ▇▇▇le insurer acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇e▇▇ the Mortgaged Property is located, insuring WMC Mortgage Corp.Weichert, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Weichert Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), ) and (iii) and of paragraph (ivk) of representation 10 of this Schedule IIISubsection 15.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exceptions or to replace the standard survey exception with a specific survey reading. Weichert, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.Weichert, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person Person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.Weichert;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-He5), Pooling and Servicing Agreement (GSAMP Trust 2006-He8)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he under the Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in under the secondary mortgage market Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), (iii) and (ivii) of representation 10 paragraph (j) of this Schedule IIISubsection 9.01, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 2 contracts
Sources: Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-1ar), Mortgage Loan Purchase and Warranties Agreement (Morgan Stanley Mortgage Loan Trust 2006-7)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage LoLoans and ▇▇▇▇ s▇▇▇ tit▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance rance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where th▇ ▇▇▇▇sdiction ▇▇▇▇▇ the Mortgaged Property is located, insuring WMC Mortgage Corp.NC Capital Corporation, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iviii) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.NC Capital Corporation, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.NC Capital Corporation, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.NC Capital Corporation;
Appears in 2 contracts
Sources: Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Series 2002-Nc5), Pooling and Servicing Agreement (Morgan Stanley Dean Witter Capital I Inc Trust 2002-Nc3)
Title Insurance. The Other than each Cooperative Mortgage Loan, the Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇, ▇▇rsua▇▇▇▇▇ Mac or ▇▇▇▇▇▇ ▇he Underwriting Guidelines (Mae, as in effect on applicable, and with respect to FHA Loans, RHS Loans and VA Loans, the date that such Mortgage Loan was originated) FHA, RHS or VA, as the case may be, and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in ▇▇▇▇▇▇ ▇▇▇, ▇▇▇▇▇▇▇ Mac, or ▇▇▇▇▇▇ Mae, as applicable, and with respect to FHA Loans, RHS Loans and VA Loans, the secondary mortgage market FHA, RHS or the VA, as the case may be, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of representation 10 paragraph (j) of this Part I of Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Note Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;the Seller.
Appears in 2 contracts
Sources: Master Repurchase Agreement (PennyMac Mortgage Investment Trust), Master Repurchase Agreement (Pennymac Financial Services, Inc.)
Title Insurance. The Transaction Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an American Land Title Association (“ALTA”) lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage Mortgage, as applicable, in the original principal amount of the Transaction Mortgage Loan, with respect to a Transaction Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (ia), (ii), (iiib) and (ivc) of representation 10 paragraph (i) of this Schedule III1-A, and in the case of Adjustable Rate adjustable rate Transaction Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled PaymentInterest Rate. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 2 contracts
Sources: Master Repurchase Agreement (Walter Investment Management Corp), Master Repurchase Agreement (Walter Investment Management Corp)
Title Insurance. The Such Mortgage Loan is covered by either (i) an ALTA lender's irrevocable title insurance policycommitment, or with respect an attorney’s opinion of title and abstract of title, each of which must be in form and substance acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the area wherein the related Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as prudent mortgage lending institutions making mortgage loans in effect on the date that such Mortgage Loan was originated) area wherein the related Mortgaged Property is located and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market and qualified to do business in the jurisdiction where the related Mortgaged Property is locatedlocated and identified on the related Asset Schedule, insuring WMC Mortgage Corp.the related Originator, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage related Mortgage, as applicable, in the original principal amount of such Mortgage Loan (or with respect to any such Mortgage Loan secured by multiple properties, an amount equal to at least the Mortgage Loanallocated loan amount with respect to the title policy for each such property), subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled PaymentPermitted Encumbrances. Where required by state law or regulation, the related Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the related Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 2 contracts
Sources: Master Repurchase Agreement (Angel Oak Mortgage, Inc.), Master Repurchase Agreement (Angel Oak Mortgage, Inc.)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an American Land Title Association lender's ’s title insurance policy, or other generally acceptable form of policy or insurance comparable policy acceptable to Fannie Mae or Freddie Mac with respect to Mortgage LoFann▇▇ ▇▇▇ ▇▇ Fred▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as and approved for use in effect on the date that such Mortgage Loan was originated) applicable jurisdiction and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market industry and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii2), (iii) and (iv3) below of paragraph (l) of representation 10 this Part I of this Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate mortgage interest rate and Scheduled Paymentmonthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 2 contracts
Sources: Securities Transfer Agreement (loanDepot, Inc.), Securities Transfer Agreement (loanDepot, Inc.)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the applicable Trust Subsidiary, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (ia), (ii), (iiib) and (ivc) of representation 10 paragraph (j) of this Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The applicable Trust Subsidiary, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.neither Seller nor any Trust Subsidiary, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;any Trust Subsidiary.
Appears in 1 contract
Sources: Master Repurchase Agreement (Altisource Residential Corp)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Sellers, its their successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) lien, as applicable, of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (ia), (ii), (iiib) and (iv) of representation 10 of this Schedule IIIc), and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Sellers, its successor their successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Sellers, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.Sellers;
Appears in 1 contract
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Loresp▇▇▇ to M▇▇d ▇▇rsua▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Loans, and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to quali▇▇▇▇ ▇o do business ▇▇▇▇ness in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Responsible Party, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iviii) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Responsible Party, its successor successors and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Responsible Party, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Responsible Party;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Gsamp Trust 2003-He1)
Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans or reverse mortgage loans, as applicable, in the area wherein the Mortgaged Property is located or (ii) an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae the applicable Agency, FHA, VA or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) HUD and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market applicable Agency, FHA, VA or HUD and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the applicable Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of representation 10 paragraph (l) of this Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for Sch. 1-8 zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The related Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.such Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person Person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;such Seller, in any case to the extent it would impair the coverage of any such policy.
Appears in 1 contract
Sources: Master Repurchase Agreement (Rocket Companies, Inc.)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the related Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage Mortgage, as applicable in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 the paragraph entitled “Valid First or Second Lien” of this Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The related Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.the related Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.either Seller;
Appears in 1 contract
Title Insurance. The Meritage Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Meritage Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lenderIowa, an attorney's title insurance policy, opinion or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title issue▇ ▇▇ ▇ ▇▇▇le insurer acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where jurisdict▇▇▇ ▇▇e▇▇ the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien first lien Meritage Mortgage LoanLoans) or second priority lien (with respect to a Second Lien Mortgage LoanLoans) of the Mortgage in the original principal amount of the Meritage Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii2), (iii3) and (iv4) of representation 10 paragraph (j) of this Schedule Exhibit III, and in the case of Adjustable Rate adjustable rate the Meritage Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exceptions or to replace the standard survey exception with a specific survey reading. The Seller, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (GSAMP Trust 2005-He6)
Title Insurance. The Mortgage Loan is covered by an ALTA ALTA, CLTA or TLTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae the applicable Agency or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is mandated by applicable state law, if any, issued by a title insurer acceptable to prudent lenders in the secondary mortgage market applicable Agency or qualified as required under applicable state law and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to assigns the first priority of the lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan and, if such Mortgage Loan is an adjustable rate Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the Mortgage Rate and Scheduled Paymentinterest rate or monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp., The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses. Seller and its successor successors and assigns, assigns are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of Buyer and its assigns without any further act. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp., Seller has not done, by act or omission, anything which that would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;.
Appears in 1 contract
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae Buyers or Freddie Mac Administrative Agent with respect to Non-Agency Non-QM Mortgage LoLoans and Non-Agency QM Mortgage Loans and ▇▇▇▇▇▇ ▇▇d ▇ and ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mac with respect to Agency Mortgage Loan was originated) Loans and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market Buyers or Administrative Agent with respect to Non-Agency Non-QM Mortgage Loans and Non-Agency QM Mortgage Loans and ▇▇▇▇▇▇ Mae and ▇▇▇▇▇▇▇ Mac with respect to Agency Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan, subject only to the exceptions contained in clauses (ia), (ii), (iiib) and (ivc) of representation 10 paragraph (i) of this Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 1 contract
Sources: Master Repurchase Agreement (Caliber Home Loans, Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is Mac, issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ ▇▇▇ or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction juris▇▇▇▇▇▇n where the Mortgaged ▇▇▇ ▇▇▇tgaged Property is located, insuring WMC Mortgage Corp.the Mortgagee, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the Mortgage Rate exceptions contained in clauses (A), (B), and Scheduled Payment. (C) of Paragraph (j) of this Exhibit B. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Mortgagee, its successor successors and assigns, are assigns is the sole insureds insured of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has have done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 1 contract
Sources: Master Repurchase Agreement (Chimera Investment Corp)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued ▇▇ ▇▇▇u▇▇ by a title ▇▇▇▇▇ insurer that would be acceptable to a prudent lenders in lender making mortgage loans similar to the secondary mortgage market Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Responsible Party, its successors and assigns, as to the first priority lien (with respect to a First Lien first lien Mortgage LoanLoans) or second priority lien (with respect to a Second Lien Mortgage LoanLoans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (ia), (iib), (iiic) and (ivd) of representation 10 (10) of this Schedule IIIIV, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exceptions or to replace the standard survey exception with a specific survey reading. The Responsible Party, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Responsible Party, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Responsible Party;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (GSAMP Trust 2007-Nc1)
Title Insurance. The Weichert Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Weichert Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction jur▇▇▇▇▇▇i▇▇ where the Mortgaged Property is located, insuring WMC Mortgage Corp.Weichert, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Weichert Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), ) and (iii) and of paragraph (ivk) of representation 10 of this Schedule IIISubsection 15.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exceptions or to replace the standard survey exception with a specific survey reading. Weichert, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.Weichert, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person Person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.Weichert;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (GSAMP Trust 2006-He7)
Title Insurance. The Unless such Mortgage Loan is a Co-op Loan, the Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (, Freddie Mac or GNMA, as in effect on the date that such Mortgage Loan was originated) applicable, and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ ▇▇▇, Freddie Mac or GNMA, as applicable, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) of the Mortgage, or second priority lien (solely with respect to a Second Lien Mortgage Loan) of the Mortgage , second priority lien, as applicable, in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (ia), (iib), (iiic) and (ivd) of representation 10 paragraph (j) of this Schedule III1-A, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;the Seller. LEGAL02/43092007v4
Appears in 1 contract
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of representation 10 paragraph (l) of this Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person Person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 1 contract
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect prudent originators of mortgage loans similar to the Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Loans and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in originators of mortgage loans similar to the secondary mortgage market Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of representation 10 paragraph (j) of this Schedule IIISubsection 9.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2005-He3)
Title Insurance. The Unless such Mortgage Loan is a Co-op Loan, the Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇, ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (Mac or GNMA, as in effect on the date that such Mortgage Loan was originated) applicable, and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae, ▇▇▇▇▇▇▇ Mac or GNMA, as applicable, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) of the Mortgage, or second priority lien (solely with respect to a Second Lien Mortgage Loan) of the Mortgage , second priority lien, as applicable, in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (ia), (iib), (iiic) and (ivd) of representation 10 paragraph (j) of this Schedule III1-A, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;the Seller. LEGAL02/41326134v4
Appears in 1 contract
Title Insurance. The Mortgage Loan is covered by an ALTA form of lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae or Freddie Mac with respect the Takeout Investor, issued by, and the binding obligation of, a title insurer acceptable to Mortgage LoHUD, ▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (Mac, as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market applicable, and qualified to do business in the jurisdiction where the Mortgaged Property is located, if required, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect if the Mortgage Loan is indicated by Seller to be a First Lien first lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage LoanLoan on the Loan Purchase Detail) of the Mortgage in the original principal amount of the Mortgage Loan, subject only or as to the exceptions contained in clauses second priority lien (i), (ii), (iii) and (ivif the Mortgage Loan is indicated by Seller to be a second lien Mortgage Loan on the Loan Purchase Detail) of representation 10 the Mortgage in the original principal amount of this Schedule IIIthe Mortgage Loan, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of for the Mortgage providing for adjustment to in the Mortgage Rate mortgage interest rate and Scheduled Paymentmonthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insuranceinsurance unless the premium for such insurance was not paid by the Mortgagor. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.With the exception of any applicable Takeout Investor, its successor and assigns, are Seller is the sole insureds insured of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon inure to the consummation benefit of the transactions contemplated by this AgreementMBF without any further act. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;.
Appears in 1 contract
Sources: Multifamily and Health Care Mortgage Loan Repurchase Agreement (Municipal Mortgage & Equity LLC)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae FNMA or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) FHLMC and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (ia), (ii), (iiib) and (ivc) of representation 10 paragraph (i) of this Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor Obligor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 1 contract
Sources: Master Repurchase Agreement (Angel Oak Mortgage, Inc.)
Title Insurance. The With respect to a Mortgage Loan which is not a Co-op Loan, the Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he under the Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in under the secondary mortgage market Underwriting Guidelines and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), (iii) and (ivii) of representation 10 paragraph (j) of this Schedule IIISubsection 7.02, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller, its successor and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Seller;
Appears in 1 contract
Sources: Mortgage Loan Sale and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-8xs)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Loand each s▇▇▇ ▇▇d t▇▇ insu▇▇rsua▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy olicy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market and qualified to do Fannie Mae or Freddie Mac ▇▇▇ qualifie▇ ▇▇ ▇▇ business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Responsible Party, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iviii) of representation 10 of this Schedule IIIIV, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Responsible Party, its successor successors and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon on the consummation of the transactions contemplated by this AgreementClosing Date. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Responsible Party, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Responsible Party;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Gs Mortgage Sec Corp Mort Pass THR Certs Ser 2003-Ahl)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an American Land Title Association lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mae and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ ▇▇▇ and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), ) and (iii) and of paragraph (ivh) of representation 10 of this Schedule III1-A, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate mortgage interest rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The applicable originator, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of or may invalidate any such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;.
Appears in 1 contract
Sources: Master Repurchase Agreement (Finance of America Companies Inc.)
Title Insurance. The Other than each Cooperative Loan, the Mortgage Loan is covered by either (i) an attorney's opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions making mortgage loans in the area wherein the Mortgaged Property is located or (ii) an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer i▇▇▇▇▇ b▇ ▇ tit▇▇ ▇▇▇▇rer acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction juris▇▇▇▇▇▇n where the Mortgaged ▇▇▇ ▇▇▇tgaged Property is located, insuring WMC Mortgage Corp.the relevant Borrower, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of representation 10 paragraph (j) of this Part I of Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The relevant Borrower, its successor successors and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Loan Agreement. No claims have been made under such lender's title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.any Borrower, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;any Borrower.
Appears in 1 contract
Sources: Master Loan and Security Agreement (American Home Mortgage Holdings Inc)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's ’s title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage LoF▇▇▇▇▇ M▇▇ or F▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market F▇▇▇▇▇ Mae or F▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule IIIPermitted Encumbrances, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person Person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 1 contract
Title Insurance. The Except where the Guidelines or Seller’s underwriting guidelines exempt certain Eligible Mortgage Loans from this requirement, each Eligible Mortgage Loan is covered by (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located; (ii) an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae FNMA or Freddie Mac FHLMC, issued by a title insurer acceptable to FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located or if applicable; (iii) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to the FHA with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines FHA Loans and the VA with respect to VA Loans; or (as in effect on iv) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to (a) the date that such Mortgage Loan was originatedFHA with respect to the FHA Loans and (b) the VA with respect to the VA Loans, and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in FHA or VA, as the secondary mortgage market case may be, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Eligible Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurancelien. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp., its successor and assigns, are Seller is the sole insureds insured of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;.
Appears in 1 contract
Title Insurance. The Each Mortgage Loan is covered by an ALTA a lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is an Agency, issued by a title insurer acceptable to prudent lenders in the secondary mortgage market an Agency and qualified to do business in the jurisdiction where the related Mortgaged Property is located, insuring WMC Mortgage Corp.(subject to the exceptions contained in Section 3.02(j)(i), (ii) and (iii) above) Countrywide, its successors and assigns, assigns as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insuranceMortgage. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp., its successor and assigns, are Countrywide is the sole insureds insured of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.Countrywide, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy; No Default. There is no default, includingbreach, without limitationviolation or event of acceleration existing under the Mortgage or the Mortgage Note and no event which, with the passage of time or with notice and the expiration of any grace or cure period, would constitute a default, breach, violation or event of acceleration, and Countrywide has not waived any default, breach, violation or event of acceleration; No Mechanics' Liens. There are no unlawful feemechanics' or similar liens or claims which have been filed for work, commissionlabor or material (and no rights are outstanding that under law could give rise to such lien) affecting the related Mortgaged Property which are or may be liens prior to, kickback or equal or coordinate with, the lien of the related Mortgage; Origination and Collection Practices. The origination, servicing, and collection practices used by Countrywide with respect to each Mortgage Note and Mortgage have been in all respects legal, proper, prudent and customary in the mortgage origination and servicing business. With respect to escrow deposits and Escrow Payments, if any, all such payments are in the possession of, or under the control of, Countrywide and there exist no deficiencies in connection therewith for which customary arrangements for repayment thereof have not been made. No escrow deposits or Escrow Payments or other unlawful compensation charges or value payments due Countrywide have been capitalized under any Mortgage or the related Mortgage Note. With respect to Adjustable Rate Mortgage Loans, the terms of any kind the related Mortgage Notes pertaining to interest adjustments, payment adjustments and adjustments of the outstanding principal balance, if any, are enforceable, and all Mortgage Interest Rate adjustments have been made in strict compliance with state and federal law and the terms of the related Mortgage Note. Any interest required to be paid pursuant to state and local law has been properly paid and credited; No Condemnation or will be received, retained Damage. The Mortgaged Property is free of material damage and waste and there is no proceeding pending for the total or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.partial condemnation thereof;
Appears in 1 contract
Sources: Master Mortgage Loan Purchase and Servicing Agreement (Banc of America Funding Corp)
Title Insurance. The Mortgage Eligible Loan is covered by (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to mortgage lending institutions making mortgage loans in the area where the Mortgaged Property is located; or (ii) an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or of insurance acceptable to Fannie Mae FNMA or Freddie Mac FHLMC, issued by a title insurer acceptable to FNMA or FHLMC and qualified to do business in the jurisdiction where the Mortgaged Property is located or if applicable; (iii) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to the FHA with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines FHA Loans and the VA with respect to VA Loans; or (as in effect on iv) an ALTA lender’s title insurance policy or other generally acceptable form of policy of insurance acceptable to (a) the date that such Mortgage Loan was originatedFHA with respect to the FHA Loans; and (b) the VA with respect to the VA Loans, and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in FHA or VA, as the secondary mortgage market case may be, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Seller or the Additional Seller, as applicable, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Eligible Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurancelien. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller or the Additional Seller, its successor and assignsas applicable, are is the sole insureds insured of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller or the Additional Seller, as applicable, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;.
Appears in 1 contract
Sources: Mortgage Loan Purchase and Servicing Agreement (PHH Corp)
Title Insurance. The Mortgage Loan is covered by an ALTA ALTA, CLTA or TLTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is Mac, or state law, issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac, or state law and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.in (h)(iv)) Seller, its successors and assigns, assigns as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan and, if such Mortgage Loan is an adjustable rate Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to in the Mortgage Rate and Scheduled Paymentinterest rate or monthly payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp., The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller and its successor successors and assigns, assigns are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in full force and effect upon the consummation of the transactions contemplated by this AgreementAgreement and will inure to the benefit of Buyer and its assigns without any further act. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp., Seller has not done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;.
Appears in 1 contract
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the applicable Seller Trust (or the Responsible Party), its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage LoanLoans) or second priority lien (with respect to a Second Lien Mortgage LoanLoans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii2), (iii3) and (iv4) of representation 10 paragraph (j) of this Schedule IIISubsection 8.02, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The Seller Trust (or the Responsible Party), its successor respective successors and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller Trusts, has have done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.any Seller Trust;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (GS Mortgage GSAMP Trust 2004-Opt)
Title Insurance. The NC Capital Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any NC Capital Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by ▇▇▇▇▇d ▇▇ a title insurer t▇▇▇▇ ▇▇surer acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jur▇▇▇▇▇▇ion wher▇ ▇▇▇ ▇ortgaged Property is located, insuring WMC Mortgage Corp.the Responsible Party, its successors and assigns, as to the first priority lien (with respect to a First Lien NC Capital Mortgage LoanLoans) or second priority lien (with respect to a Second Lien NC Capital Mortgage LoanLoans) of the Mortgage in the original principal amount of the NC Capital Mortgage Loan, subject only to the exceptions contained in clauses (i1), (ii2), (iii3) and (iv4) of representation 10 of this Schedule IIIVII, and in the case of Adjustable Rate NC Capital Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exceptions or to replace the standard survey exception with a specific survey reading. The Responsible Party, its successor successors and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Responsible Party, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Responsible Party;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (GSAMP Trust 2005-He3)
Title Insurance. The Mortgage Loan is covered by either (i) an attorney’s opinion of title and abstract of title, the form and substance of which is acceptable to prudent mortgage lending institutions originating the same or similar types of mortgage loans in the jurisdiction wherein the Mortgaged Property is located, or (ii) an ALTA lender's ’s title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the relevant Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i1), (ii), (iii2) and (iv3) of representation 10 paragraph (j) of this Part I of Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The relevant Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Repurchase Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.any Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;any Seller.
Appears in 1 contract
Sources: Master Repurchase Agreement (Aames Investment Corp)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage LoLoans and each ▇▇▇▇ t▇▇d ▇e in▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to do business in the jurisdiction where the Mortgaged jur▇▇▇▇▇▇ion wher▇ ▇▇▇ ▇ortgaged Property is located, insuring WMC Mortgage Corp.New Century, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.New Century, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.New Century, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.New Century;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley Abs Capital I - Mor Pas THR Cert Ser 2003-He1)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Loand each s▇▇▇ titl▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance ance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified ▇▇▇▇▇▇ied to do business in busi▇▇▇▇ ▇▇ the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the Responsible Party, its successors and assigns, as to the first priority lien (with respect to a First Lien first lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage LoanLoans) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule IIIIV, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The Responsible Party, its successor successors and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon on the consummation of the transactions contemplated by this AgreementClosing Date. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Responsible Party, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the Responsible Party;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Gs Mortgage Securities Corp Gsaa Trust 2004-Nc1)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac in accordance with the Asset Guidelines, with respect to each Agency Mortgage LoLoan, acceptable to F▇▇▇▇▇ ▇▇d ▇▇rsuaM▇▇ ▇▇ ▇he Underwriting Guidelines (or Freddie Mac, as in effect on applicable, and with respect to FHA Loans, USDA Loans and VA Loans, the date that such Mortgage Loan was originated) FHA, USDA or the VA, as the case may be, and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in F▇▇▇▇▇ M▇▇ or Freddie Mac, as applicable, and with respect to FHA Loans, USDA Loans and VA Loans, the secondary mortgage market FHA, USDA or the VA, as the case may be, and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the applicable Seller Party, its successors and assigns, as to the first priority lien (of the Mortgage other than Second Lien Mortgage Loans, and with respect to a First Second Lien Mortgage Loan) or Loans as to the second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage related Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), ) - (ii), (iii) and (ivv) of representation 10 paragraph (m) of this Schedule III1-A, and in the case of Adjustable Rate an adjustable rate Mortgage LoansLoan, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The applicable Seller Party, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.the related Seller Party, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;such Seller Party.
Appears in 1 contract
Sources: Master Repurchase Agreement (Home Point Capital Inc.)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae Buyers or Freddie Mac Administrative Agent with respect to Non-Agency Non-QM Mortgage LoLoans and Non-Agency QM Mortgage Loans and ▇▇▇▇▇▇ ▇▇d ▇ and ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mac with respect to Agency Mortgage Loan was originated) Loans and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market Buyers or Administrative Agent with respect to Non-Agency Non-QM Mortgage Loans and Non-Agency QM Mortgage Loans and ▇▇▇▇▇▇ Mae and ▇▇▇▇▇▇▇ Mac with respect to Agency Mortgage Loans and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) of the Mortgage, or second priority lien (solely with respect to a Second Lien Mortgage Loan) of the Mortgage , second priority lien, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan, subject only to the exceptions contained in clauses (ia), (iib), (iiic) and (ivd) of representation 10 paragraph (i) of this Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 1 contract
Sources: Master Repurchase Agreement (Caliber Home Loans, Inc.)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Buyer and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market Buyer and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Seller, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan, subject only to the exceptions contained in clauses (ia), (ii), (iiib) and (ivc) of representation 10 paragraph (j) of this Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. Seller, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;Seller.
Appears in 1 contract
Sources: Master Repurchase Agreement (Five Oaks Investment Corp.)
Title Insurance. The Each Mortgage Loan is covered by either (A) an attorney’s opinion of title and abstract of title the form and substance of which is acceptable to the FHA or (B) an ALTA lender's mortgagee title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is FHA, issued by a title insurer acceptable to prudent lenders in the secondary mortgage market FHA and qualified to do business in the jurisdiction where the related Mortgaged Property is located, insuring WMC Mortgage Corp., the Seller and its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage related mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i)) the lien of current real property taxes and assessments not yet due and payable, (ii)) covenants, conditions and restrictions, rights of way, easements and other matters of the public record as of the date of recording acceptable to mortgage lending institutions generally and specifically referred to in the lender’s title insurance policy delivered to the originator of the Mortgage Loan and (a) referred to or to otherwise considered in the appraisal made for the originator of the Mortgage Loan or (b) which do not adversely affect the updated appraised value of the Mortgaged Property set forth in such appraisal, and (iii) and (iv) of representation 10 of this Schedule III, and in other matters to which like properties are commonly subject which do not materially interfere with the case of Adjustable Rate Mortgage Loans, against any loss by reason benefits of the invalidity security intended to be provided by the Mortgage or unenforceability the use, enjoyment, value or marketability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Rate and Scheduled Paymentrelated Mortgaged Property. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such Such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and insures against encroachments encroachment by or upon the related Mortgaged Property or any interest therein. WMC Mortgage Corp., its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under any such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.the Seller, has done, by act or omission, anything which that would impair the coverage of any such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;.
Appears in 1 contract
Sources: Loan Sale Agreement (Finance of America Companies Inc.)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's ’s title insurance policypolicy (which, in the case of an Adjustable Rate Loan has an adjustable rate mortgage endorsement in the form of ALTA 6.0 or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, 6.1) or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy is Mac, issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and licensed and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the related Seller, its successors and assigns, as to the first priority lien (with respect to or second, if the Mortgage Loan is a First Lien Second Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage Loan, subject only to the exceptions contained in clauses (i), (ii), (iii) and (iv) of representation 10 of this Schedule III, and in the case of Adjustable Rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment in the Mortgage Interest Rate and Monthly Payment, subject only to the exceptions contained in clauses (A), (B), and (C), and with respect to each Second Mortgage Rate and Scheduled PaymentLoan, clause (D) of Paragraph (10) of this Schedule 1. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The related Seller, its successor successors and assigns, assigns are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder or servicer of the related Mortgage, including WMC Mortgage Corp.the related Seller, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.the related Seller;
Appears in 1 contract
Sources: Master Repurchase Agreement (Impac Mortgage Holdings Inc)
Title Insurance. The Mortgage Loan is covered by an ALTA lender's title insurance policy, or with respect to any Mortgage Loan for which the related Mortgaged Property is located in California a CLTA lender's title insurance policy, or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Loand each su▇▇ ▇▇▇l▇ ▇nsur▇▇▇▇ ▇▇d ▇▇rsua▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) and each such title insurance policy licy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market Fannie Mae or Freddie Mac and qualified to qualifi▇▇ ▇▇ do business in busin▇▇▇ ▇▇ the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.Accredited, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage in the original principal amount of the Mortgage LoanLoan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (i), (ii), ) and (iii) and of paragraph (iv10) of representation 10 of this Schedule IIIVI, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's title insurance policy affirmatively insures ingress and egress, and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.Accredited, its successor and assigns, are the sole insureds of such lender's title insurance policy, and such lender's title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions purchase of the Mortgage Loan as contemplated by this Agreement. No claims have been made under such lender's title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.Accredited, has done, by act or omission, anything which would impair the coverage of such lender's title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entity, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.Accredited;
Appears in 1 contract
Sources: Pooling and Servicing Agreement (Morgan Stanley ABS Capital I Inc. Trust 2004-He2)
Title Insurance. The Mortgage Loan is covered by either (i) an ALTA lender's attorney’s opinion of title insurance policyand abstract of title, or with respect the form and substance of which is acceptable to any Mortgage Loan for which prudent mortgage lending institutions making mortgage loans in the related area wherein the Mortgaged Property is located in California a CLTA or (ii) an ALTA lender's ’s title insurance policy, policy or other generally acceptable form of policy or insurance acceptable to Fannie Mae or Freddie Mac with respect to Mortgage Lo▇▇▇▇▇▇ ▇▇d ▇ or ▇▇rsua▇▇▇▇▇ ▇▇ ▇he Underwriting Guidelines (as in effect on the date that such Mortgage Loan was originated) Mac and each such title insurance policy is issued by a title insurer acceptable to prudent lenders in the secondary mortgage market ▇▇▇▇▇▇ Mae or ▇▇▇▇▇▇▇ Mac and qualified to do business in the jurisdiction where the Mortgaged Property is located, insuring WMC Mortgage Corp.the applicable Trust Subsidiary, its successors and assigns, as to the first priority lien (with respect to a First Lien Mortgage Loan) or second priority lien (with respect to a Second Lien Mortgage Loan) of the Mortgage Mortgage, as applicable, in the original principal amount of the Mortgage Loan, with respect to a Mortgage Loan (or to the extent a Mortgage Note provides for negative amortization, the maximum amount of negative amortization in accordance with the Mortgage), subject only to the exceptions contained in clauses (ia), (ii), (iiib) and (ivc) of representation 10 paragraph (i) of this Schedule III1, and in the case of Adjustable Rate adjustable rate Mortgage Loans, against any loss by reason of the invalidity or unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment to the Mortgage Interest Rate and Scheduled Monthly Payment. Where required by state law or regulation, the Mortgagor has been given the opportunity to choose the carrier of the required mortgage title insurance. Additionally, such lender's ’s title insurance policy affirmatively insures ingress and egress, egress and against encroachments by or upon the Mortgaged Property or any interest therein. WMC Mortgage Corp.The title policy does not contain any special exceptions (other than the standard exclusions) for zoning and uses and has been marked to delete the standard survey exception or to replace the standard survey exception with a specific survey reading. The applicable Trust Subsidiary, its successor successors and assigns, are the sole insureds of such lender's ’s title insurance policy, and such lender's ’s title insurance policy is valid and remains in full force and effect and will be in force and effect upon the consummation of the transactions contemplated by this Agreement. No claims have been made under such lender's ’s title insurance policy, and no prior holder of the related Mortgage, including WMC Mortgage Corp.neither Seller nor any Trust Subsidiary, has done, by act or omission, anything which would impair the coverage of such lender's ’s title insurance policy, including, including without limitation, no unlawful fee, commission, kickback or other unlawful compensation or value of any kind has been or will be received, retained or realized by any attorney, firm or other person or entityPerson, and no such unlawful items have been received, retained or realized by WMC Mortgage Corp.;any Trust Subsidiary.
Appears in 1 contract
Sources: Master Repurchase Agreement (Altisource Residential Corp)