Common use of Closing Instructions Clause in Contracts

Closing Instructions. Indemnify and hold Lender harmless from and against any loss, including reasonable attorneys' fees and costs, attributable to the failure of any title insurance company, agent or attorney to comply with Borrower's disbursement or instruction letter relating to any Mortgage Loan. Lender has the right to pre-approve Borrower's choice of title insurance company, agent or attorney and Borrower's disbursement or instruction letter to them in any case in which Borrower intends to obtain a Warehousing Advance against the Mortgage Loan to be created at settlement or to pledge that Mortgage Loan as Collateral under this Agreement. In any event, Borrower's disbursement or instruction letter must include the following language: Residential Funding Corporation has a security interest in any amounts advanced by it to fund this mortgage loan and in the mortgage loan funded with those amounts. You must promptly return any amounts advanced by Residential Funding Corporation and not used to fund this mortgage loan. You also must immediately return all amounts advanced by Residential Funding Corporation if this mortgage loan does not close and fund within 1 Business Day of your receipt of those funds.

Appears in 5 contracts

Samples: Credit and Security Agreement (Oak Street Financial Services Inc), Gmac Residential Funding (American Business Financial Services Inc /De/), Gmac Residential Funding (Oak Street Financial Services Inc)

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Closing Instructions. Indemnify and hold Lender Credit Agent and Lenders harmless from and against any loss, including reasonable attorneys' fees and costs, attributable to the failure of any title insurance company, agent or approved attorney to comply with Borrower's Borrowers' disbursement or instruction letter relating to any Mortgage Loan. Lender Credit Agent has the right to pre-approve Borrower's Borrowers' choice of title insurance company, agent or approved attorney and Borrower's Borrowers' disbursement or instruction letter to them in any case in which Borrower intends Borrowers intend to obtain a Warehousing Advance against the Mortgage Loan to be created at settlement or to pledge that Mortgage Loan as Collateral under this Agreement. In any event, Borrower's Borrowers' disbursement or instruction letter must include the following language: Residential Funding Corporation has a security interest in any amounts advanced by it to fund this mortgage loan and in the mortgage loan funded with those amounts. You must promptly return any amounts advanced by Residential Funding Corporation and not used to fund this mortgage loan. You also must immediately return all amounts advanced by Residential Funding Corporation if this mortgage loan does not close and fund within 1 Business Day of your receipt of those funds.

Appears in 2 contracts

Samples: American Home Mortgage Investment Corp, American Home Mortgage Investment Corp

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Closing Instructions. Indemnify and hold Lender harmless from and against any loss, including reasonable attorneys' fees and costs, attributable to the failure of any title insurance company, agent or attorney to comply with Borrower's ’s disbursement or instruction letter relating to any Mortgage Loan. Lender has the right to pre-approve Borrower's ’s choice of title insurance company, agent or attorney and Borrower's ’s disbursement or instruction letter to them in any case in which Borrower intends to obtain a Warehousing Advance against the Mortgage Loan to be created at settlement or to pledge that Mortgage Loan as Collateral under this Agreement. In any event, Borrower's ’s disbursement or instruction letter must include the following language: Residential Funding Corporation has a security interest in any amounts advanced by it to fund this mortgage loan and in the mortgage loan funded with those amounts. You must promptly return any amounts advanced by Residential Funding Corporation and not used to fund this mortgage loan. You also must immediately return all amounts advanced by Residential Funding Corporation if this mortgage loan does not close and fund within 1 Business Day of your receipt of those funds.

Appears in 2 contracts

Samples: Credit and Security Agreement (First NLC Financial Services Inc), Credit and Security Agreement (Homebanc Corp)

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