Mortgage Loan Purchase Agreement for the United States
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Mortgage Loan Purchase Agreement
"Need a Mortgage Loan Purchase Agreement for our bank to purchase a portfolio of 250 residential mortgage loans from a regional lender, with servicing transfer to be effective March 1, 2025, and including specific provisions for FHA-insured loans."
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1. Parties: Identifies the seller and purchaser of the mortgage loans
2. Background/Recitals: Sets forth the context and purpose of the agreement
3. Definitions: Defines key terms used throughout the agreement
4. Purchase and Sale: Details the terms of the purchase and sale transaction
5. Purchase Price and Payment: Specifies the purchase price and payment mechanisms
6. Representations and Warranties: Lists seller's representations about the loans and compliance with laws
7. Remedies and Indemnification: Details remedies for breach and indemnification obligations
8. Transfer of Servicing: Addresses the transfer of loan servicing rights and obligations
9. Governing Law: Specifies applicable law and jurisdiction
1. Interim Servicing: Used when seller continues servicing temporarily between sale and servicing transfer
2. Securities Law Compliance: Addresses SEC requirements when loans may be securitized
3. Document Custody: Details document custody arrangements when using third-party document custodian
1. Mortgage Loan Schedule: Detailed list of all loans being purchased
2. Due Diligence Criteria: Specifies review standards for loans
3. Required Documents: Lists required loan documentation
4. Servicing Transfer Instructions: Details process for transferring servicing
5. Purchase Price Calculation: Formula and methodology for price calculation
6. Form of Assignment: Template for loan assignment documents
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