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Mortgage Loan Purchase And Sale Agreement Generator for United States

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Key Requirements PROMPT example:

Mortgage Loan Purchase And Sale Agreement

"I need a Mortgage Loan Purchase And Sale Agreement for a portfolio of 200 residential mortgages being sold from First National Bank to Capital Investment Trust, with strict compliance requirements for FHA loans and specific provisions for MERS-registered loans to be completed by March 2025."

Document background
The Mortgage Loan Purchase And Sale Agreement is essential for financial institutions engaged in the secondary mortgage market. It's commonly used when lenders want to sell their mortgage portfolios to free up capital, when institutions are rebalancing their loan portfolios, or in preparation for securitization. The agreement must comply with U.S. federal regulations including TILA and RESPA, as well as state-specific requirements. It typically includes detailed provisions about loan quality, documentation requirements, representations and warranties, and remedies for breach.
Suggested Sections

1. Parties: Identification of seller and purchaser of mortgage loans

2. Background: Context of the transaction and relationship between parties

3. Definitions: Key terms used throughout the agreement including loan-specific terminology

4. Purchase and Sale: Core transaction terms including price, delivery, and transfer mechanics

5. Representations and Warranties: Statements about loan quality, ownership, compliance with laws, and loan characteristics

6. Purchase Price and Payment Terms: Detailed pricing structure, payment mechanics, and adjustments

7. Closing Conditions: Requirements for completing the transaction including documentation requirements

8. Remedies and Indemnification: Rights and obligations if loans fail to meet requirements, including repurchase provisions

9. Term and Termination: Duration of agreement and circumstances for early termination

10. Governing Law and Jurisdiction: Applicable law and dispute resolution provisions

Optional Sections

1. Interim Servicing: Terms for servicing between agreement and closing dates

2. MERS Provisions: Requirements for MERS-registered loans and transfer procedures

3. Securitization Rights: Terms regarding future securitization of the purchased loans

4. Post-Closing Obligations: Ongoing obligations after the closing date including reporting requirements

5. Servicing Transfer Provisions: Terms governing the transfer of servicing rights and responsibilities

Suggested Schedules

1. Schedule A - Mortgage Loan Schedule: Detailed list of all loans being sold including key characteristics and data fields

2. Schedule B - Due Diligence Criteria: Standards and procedures for loan review and acceptance

3. Schedule C - Required Documents: Comprehensive list of required loan documentation and delivery requirements

4. Schedule D - Purchase Price Calculation: Detailed methodology for calculating purchase price including any adjustments

5. Schedule E - Form of Assignment: Template for loan assignment documentation and transfer instruments

6. Schedule F - Representations and Warranties: Detailed loan-level representations and warranties

Authors

Alex Denne

Head of Growth (Open Source Law) @ ¶¶Òõ¶ÌÊÓƵ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Truth in Lending Act (TILA) and Regulation Z: Federal law that requires lenders to provide standardized disclosures about credit terms and costs, protecting consumers in credit transactions

Real Estate Settlement Procedures Act (RESPA) and Regulation X: Federal law governing real estate settlement processes, requiring disclosure of settlement costs and prohibiting kickbacks

Fair Credit Reporting Act (FCRA): Federal law regulating the collection, dissemination, and use of consumer credit information

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in credit transactions based on race, color, religion, national origin, sex, marital status, age, or public assistance

Fair Housing Act: Federal law prohibiting discrimination in residential real estate transactions

Home Mortgage Disclosure Act (HMDA): Federal law requiring financial institutions to maintain and annually disclose data about home purchases, home purchase pre-approvals, home improvement, and refinance applications

Dodd-Frank Wall Street Reform: Comprehensive federal law reform implementing changes to financial regulation and consumer protection

CFPB Regulations: Federal regulatory framework established by the Consumer Financial Protection Bureau governing consumer financial products and services

Securities Exchange Act: Federal law governing securities trading and broker-dealers, relevant for loan securitization

Gramm-Leach-Bliley Act: Federal law requiring financial institutions to explain their information-sharing practices and protect sensitive customer data

State Lending Laws: Various state-specific regulations governing lending practices and requirements within each jurisdiction

State Foreclosure Laws: State-specific regulations governing the foreclosure process and borrower rights

State Consumer Protection Laws: State-specific laws designed to protect consumers in financial transactions

State Licensing Requirements: State-specific licensing obligations for mortgage lenders and servicers

State Usury Laws: State-specific regulations governing maximum allowable interest rates and related charges

UCC Article 3: Uniform Commercial Code provisions governing negotiable instruments

UCC Article 9: Uniform Commercial Code provisions governing secured transactions and security interests in personal property

MERS Requirements: Rules and procedures for using the Mortgage Electronic Registration Systems for tracking ownership of mortgage rights

Due Diligence Requirements: Standards for investigating and verifying loan quality, documentation, and compliance

Servicing Transfer Requirements: Regulations governing the transfer of mortgage servicing rights and obligations between parties

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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