Common use of Borrower’s Ability to Repay Clause in Contracts

Borrower’s Ability to Repay. The methodology used in underwriting the extension of credit for each mortgage loan in the trust did not rely on the extent of the borrower’s equity in the collateral as the principal determining factor in approving such extension of credit. The methodology employed objective criteria that related such facts as, without limitation, the borrower’s credit history, income, assets or liabilities, to the proposed mortgage payment and, based on such methodology, the mortgage loan’s originator made a reasonable determination that at the time of origination the borrower had the ability to make timely payments on the mortgage loan.

Appears in 5 contracts

Samples: Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-7ax), Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-14ar), Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-10xs)

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Borrower’s Ability to Repay. The methodology used in underwriting the extension of credit for each mortgage loan in the trust did not rely on the extent of the borrower’s 's equity in the collateral as the principal determining factor in approving such extension of credit. The methodology employed objective criteria that related such facts as, without limitation, the borrower’s 's credit history, income, assets or liabilities, to the proposed mortgage payment and, based on such methodology, the mortgage loan’s 's originator made a reasonable determination that at the time of origination the borrower had the ability to make timely payments on the mortgage loan.

Appears in 4 contracts

Samples: Indemnification Agreement (Morgan Stanley Mortgage Loan Trust 2006-11), And Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2007-6xs), Warranties and Servicing Agreement (Morgan Stanley Mortgage Loan Trust 2006-7)

Borrower’s Ability to Repay. The methodology used in underwriting the extension of credit for each mortgage loan Mortgage Loan in the trust did not rely solely on the extent of the borrower’s Mortgagor's equity in the collateral as the principal determining factor in approving such extension of credit. The methodology employed objective criteria that related such facts as, without limitation, the borrower’s Mortgagor's credit history, income, assets or liabilities, to the proposed mortgage payment and, based on such methodology, the mortgage loan’s Mortgage Loan's originator made a reasonable determination that at the time of origination the borrower Mortgagor had the ability to make timely payments on the mortgage loanMortgage Loan.

Appears in 2 contracts

Samples: Trust Agreement (BCAPB LLC Trust 2007-Ab1), Assignment and Recognition Agreement (BCAP LLC Trust 2007-Aa4)

Borrower’s Ability to Repay. The methodology used in underwriting the extension of credit for each mortgage loan Mortgage Loan in the trust did not rely solely on the extent of the borrowerMortgagor’s equity in the collateral as the principal determining factor in approving such extension of credit. The methodology employed objective criteria that related such facts as, without limitation, as the borrower’s credit history, income, assets or liabilities, to the proposed mortgage payment and, based on such methodology, the mortgage loanMortgage Loan’s originator made a reasonable determination that at the time of origination the borrower Mortgagor had the ability to make timely payments on the mortgage loanMortgage Loan.

Appears in 2 contracts

Samples: Warranties and Servicing Agreement (RBSGC 2007-A), Indemnification Agreement (RBSGC Mortgage Loan Trust 2007-B)

Borrower’s Ability to Repay. The methodology used in underwriting the extension of credit for each mortgage loan in the trust Mortgage Loan did not rely solely on the extent of the borrower’s equity in the collateral as the principal determining factor in approving such extension of credit. The methodology employed objective criteria that related such facts as, without limitation, as the borrower’s credit history, income, assets or and liabilities, to the proposed mortgage payment and, based on such methodology, the mortgage loan’s originator made a reasonable determination that at the time of origination the borrower had the ability to make timely payments on the mortgage loan.;

Appears in 2 contracts

Samples: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-B), Mortgage Loan Purchase Agreement (Fremont Home Loan Trust 2006-B)

Borrower’s Ability to Repay. The methodology used in underwriting the extension of credit for each mortgage loan in the trust Mortgage Loan did not rely solely on the extent of the borrower’s equity in the collateral as the principal determining factor in approving such extension of creditcredit extension. The methodology employed related objective criteria that related such facts as, without limitation, as the borrower’s credit history, income, assets or liabilitiesassets, and liabilities to the proposed mortgage payment and, based on such methodology, the mortgage loanMortgage Loan’s originator made a reasonable determination that at the time of origination the borrower had the ability to make timely payments on the mortgage loan.

Appears in 1 contract

Samples: Master Bulk Sale and Servicing Agreement (Banc of America Funding Corp)

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Borrower’s Ability to Repay. The methodology used in underwriting the extension of credit for each mortgage loan Mortgage Loan in the trust did not rely solely on the extent of the borrowerMortgagor’s equity in the collateral as the principal determining factor in approving such extension of credit. The methodology employed objective criteria that related such facts as, without limitation, as the borrower’s credit history, income, assets or and liabilities, to the proposed mortgage payment and, based on such methodology, the mortgage loanMortgage Loan’s originator made a reasonable determination that at the time of origination the borrower Mortgagor had the ability to make timely payments on the mortgage loanMortgage Loan.

Appears in 1 contract

Samples: Warranties and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2006-Wf1)

Borrower’s Ability to Repay. The methodology used in underwriting the extension of credit for each mortgage loan in the trust Loan did not rely solely on the extent of the borrower’s equity in the collateral as the principal determining factor in approving such extension of credit. The methodology employed objective criteria that related such facts as, without limitation, as the borrower’s credit history, income, assets or and liabilities, to the proposed mortgage payment and, based on such methodology, the mortgage loan’s originator made a reasonable determination that at the time of origination the borrower had the ability to make timely payments on the mortgage loan.;

Appears in 1 contract

Samples: Pooling and Servicing Agreement (Fremont Home Loan Trust 2006-E)

Borrower’s Ability to Repay. The methodology used in underwriting the extension of credit for each mortgage loan Mortgage Loan in the trust did not rely on the extent of the borrowerMortgagor’s equity in the collateral as the principal determining factor in approving such extension of credit. The methodology employed objective criteria that related such facts as, without limitation, the borrower’s credit history, income, assets or liabilities, to the proposed mortgage payment and, based on such methodology, the mortgage loanMortgage Loan’s originator made a reasonable determination that at the time of origination the borrower Mortgagor had the ability to make timely payments on the mortgage loanMortgage Loan.

Appears in 1 contract

Samples: Pooling and Servicing Agreement (HSI Asset Loan Obligation Trust 2007-Wf1)

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