Common use of Delinquency Control Clause in Contracts

Delinquency Control. The Seller shall, in accordance with and subject to Applicable Requirements, including without limitation the applicable Servicing Agreement: (a) Maintain a delinquent mortgage servicing program that shall include an adequate accounting system that indicates the existence of Delinquent Mortgage Loans, a procedure that provides for sending delinquent notices, assessing late charges, and returning inadequate payments, and a procedure for the individual analysis of distressed or chronically delinquent Mortgage Loans; (b) Maintain a collection department and an on‑line automated collection system that complies in all material respects with Applicable Requirements and the Servicing Procedures; (c) Conduct property inspections with respect to defaulted Mortgage Loans and REO Properties in accordance with Applicable Requirements, including without limitation the terms of the applicable Servicing Agreement and the Servicing Procedures. (d) In accordance with Applicable Requirements, administer the foreclosure or other acquisition of the Mortgaged Property relating to any Mortgage Loan in the name of the applicable Investor, process claims for any applicable insurance and until the transfer of such Mortgaged Property to the Investor or a private mortgage Insurer, if applicable, protect such property from waste and vandalism. In no event shall the Seller have title to a Mortgaged Property conveyed in the name of any Purchaser. (e) The Seller shall take appropriate measures to ensure, on an ongoing basis, the accuracy of all documents filed or otherwise utilized by the Seller or its Vendors, Off-shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-related litigation, including but not limited to, documentation sufficient to establish ownership of the Mortgage Loan by the related Investor and the right to foreclose at the time the foreclosure action is commenced in the name of the Investor. The Seller shall be required to maintain, and to cause its Vendors, Off-shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, with a clear auditable trail of documentation capable of validating foreclosure that the Seller has produced, or has received from a prior servicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the same. In connection with any foreclosure proceeding, the Seller shall handle such foreclosure proceedings in the name of the Investor, unless otherwise set forth pursuant to the Applicable Requirements, and the Seller shall comply with all Applicable Requirements; provided that, in no event shall the Seller (i) foreclose on the related Mortgaged Property in the name of any Purchaser or (ii) have title to the Mortgaged Property conveyed in the name of any Purchaser. (f) With respect to any second lien Mortgage Loan, if the Seller is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the Superior Lien, or has declared or intends to declare a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller shall take, whatever actions are necessary to protect the interests of the Investor consistent with Applicable Requirements; provided that such expense is treated as a reimbursable advance from the Investor. (g) The Seller shall comply with the Applicable Requirements, including without limitation the applicable Servicing Agreement, and the Servicing Procedures in connection with procedures and requirements relating to Charged-off Loans and shall include in its monthly reporting to the Purchasers when any such Mortgage Loans become Charged-off Loans. The parties agree that Seller may combine any such reporting with the reporting provided to an NRZ O/S Entity under Section 2.9(g) of an NRZ Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller shall not make any Servicing Advances or P&I Advances with respect to Charged-off Loans and shall not be entitled to any Servicing Fees or other compensation with respect to Charged-off Loans. To the extent consistent with Seller’s Servicing Procedures and in accordance with Section 2.4, Seller may utilize a Vendor for recovery collection on such Charged-off Loans.

Appears in 4 contracts

Sources: New RMSR Agreement (Onity Group Inc.), New RMSR Agreement (Onity Group Inc.), New RMSR Agreement (Ocwen Financial Corp)

Delinquency Control. The Seller Subservicer shall, in accordance with and subject to Applicable Requirements, including without limitation the applicable Servicing Agreement: (a) Maintain a delinquent mortgage servicing program that which shall include an adequate accounting system that indicates the existence of Delinquent Mortgage Loansdelinquent Mortgages, a procedure that provides for sending delinquent notices, assessing late charges, and returning inadequate payments, and a procedure for the individual analysis of distressed or chronically delinquent Mortgage Loansloans; (b) Maintain a collection department and an on‑line on-line automated collection system that substantially complies in all material respects with Applicable Requirements and the Servicing Proceduresestablished FNMA collection guidelines; (c) Conduct property inspections Provide Owner/Servicer and Investor with respect a month-end collection and delinquency report identifying and describing the status of any delinquent loans, and from time to defaulted Mortgage Loans time as the need may arise, provide Owner/Servicer and REO Properties in accordance Investor with Applicable Requirementsloan service reports relating to any items of information which Subservicer is otherwise required to provide hereunder, including without limitation or detailing any matters Subservicer believes should be brought to the terms special attention of the applicable Servicing Agreement Owner/Servicer and the Servicing Procedures.Investor; and (d) In accordance with Applicable RequirementsUpon the request of Owner/Servicer and Investor, administer assist in the foreclosure or other acquisition of the Mortgaged Property property relating to any Mortgage Loan in the name of the applicable InvestorMortgage, process claims for any applicable insurance and until the transfer of such Mortgaged Property property to the Investor Investor, FHA or a private VA, as applicable, and the collection of any applicable mortgage Insurerinsurance, if applicableand pending completion of these steps, protect such property from waste and vandalism. In no event shall At the Seller option of Investor, Investor may assign such Mortgage to Subservicer, which will then conduct all such proceedings in its own name, promptly thereafter assigning and conveying to the Investor any title, equity, or other property or right acquired by such proceedings. Subservicer will have title to a Mortgaged Property the property conveyed in the name designated by Investor. Owner/Servicer agrees to reimburse Subservicer for all of any Purchaser. (e) The Seller shall take appropriate measures to ensureits actual expenses so incurred under this paragraph, on an ongoing basisincluding, the accuracy of all documents filed or otherwise utilized by the Seller or its Vendors, Off-shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-related litigation, including but not limited to, documentation sufficient to establish ownership of the Mortgage Loan by the related Investor travel, court costs and the right to foreclose at the time the foreclosure action is commenced in the name of the Investor. The Seller shall be required to maintainattorneys’ fees, and to cause its Vendors, Off-shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, with a clear auditable trail of documentation capable of validating foreclosure that the Seller has produced, or has received from a prior servicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the same. In connection with any foreclosure proceeding, the Seller shall handle such foreclosure proceedings in the name of the Investor, unless otherwise set forth pursuant to the Applicable Requirements, and the Seller shall comply with all Applicable Requirements; provided that, in no event shall the Seller (i) foreclose on the related Mortgaged Property in the name of any Purchaser or (ii) have title to the Mortgaged Property conveyed in the name of any Purchaser. (f) With respect to any second lien Mortgage Loan, if the Seller is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the Superior Lien, or has declared or intends to declare a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller shall take, whatever actions are necessary to protect the interests of the Investor consistent with Applicable Requirements; provided that such expense is treated as a reimbursable advance from the Investor. (g) The Seller shall comply with the Applicable Requirements, including without limitation the applicable Servicing Agreement, and the Servicing Procedures in connection with procedures and requirements relating to Charged-off Loans and shall include in its monthly reporting to the Purchasers when any such Mortgage Loans become Charged-off Loans. The parties agree that Seller may combine any such reporting with the reporting provided to an NRZ O/S Entity under Section 2.9(g) of an NRZ Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller shall not make any Servicing Advances or P&I Advances with respect to Charged-off Loans and shall not be entitled to any Servicing Fees or other compensation with respect to Charged-off Loans. To the extent consistent with Seller’s Servicing Procedures and in accordance with Section 2.4, Seller may utilize a Vendor for recovery collection on such Charged-off Loans9.1 hereof.

Appears in 3 contracts

Sources: Subservicing Agreement (Carolina Financial Corp), Subservicing Agreement (Crescent Banking Co), Subservicing Agreement (Crescent Banking Co)

Delinquency Control. The Seller Subservicer shall, in accordance with and subject to Applicable Requirements, including without limitation the applicable Servicing Agreement: (a) Maintain a delinquent mortgage servicing program that shall include an adequate accounting system that indicates the existence of Delinquent Mortgage Loans, a procedure that provides for sending delinquent notices, assessing late charges, and returning inadequate payments, and a procedure for the individual analysis of distressed or chronically delinquent Mortgage Loans; (b) Maintain a collection department and an on‑line automated collection system that complies in all material respects with Applicable Requirements and the Servicing Procedures; (c) Conduct property inspections with respect to defaulted Mortgage Loans and REO Properties in accordance with Applicable Requirements, including without limitation the terms of the applicable Servicing Agreement and the Servicing Procedures. (d) In accordance with Applicable Requirements, administer the foreclosure or other acquisition of the Mortgaged Property relating to any Mortgage Loan in the name of the applicable Investor, process claims for any applicable insurance and until the transfer of such Mortgaged Property to the Investor or a private mortgage Insurer, if applicable, protect such property from waste and vandalism. In no event shall the Seller Subservicer have title to a Mortgaged Property conveyed in the name of any Purchaserthe Owner/Servicer without the Owner/Servicer’s prior written consent not to be unreasonably withheld or delayed. (e) The Seller Subservicer shall take appropriate measures to ensure, on an ongoing basis, the accuracy of all documents filed or otherwise utilized by the Seller Subservicer or its Vendors, Off-shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-related litigation, including but not limited to, documentation sufficient to establish ownership of the Mortgage Loan by the related Investor or the Owner/Servicer (if the Owner/Servicer is the Investor with respect to such Mortgage Loan) and the right to foreclose at the time the foreclosure action is commenced in the name of the Investor. The Seller Subservicer shall be required to maintain, and to cause its Vendors, Off-shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, with a clear auditable trail of documentation capable of validating foreclosure that the Seller Subservicer has produced, or has received from a prior servicersubservicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the same. In connection with any foreclosure proceeding, the Seller Subservicer shall handle such foreclosure proceedings in the name of the Investor, unless otherwise set forth pursuant to the Applicable Requirements, and the Seller Subservicer shall comply with all Applicable Requirements; provided that, in no event shall the Seller Subservicer (i) foreclose on the related Mortgaged Property in the name of any Purchaser the Owner/Servicer or (ii) have title to the Mortgaged Property conveyed in the name of any Purchaserthe Owner/Servicer, in each case, without the Owner/Servicer’s prior written consent not to be unreasonably withheld or delayed. (f) With respect to any second lien Mortgage Loan, if the Seller Subservicer is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the Superior Lien, or has declared or intends to declare a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller Subservicer shall take, whatever actions are necessary to protect the interests of the Investor consistent with Applicable Requirements; provided that such expense is treated as a reimbursable advance from the Investor. (g) The Seller Subservicer shall comply with the Applicable Requirements, including without limitation the applicable Servicing Agreement, and the Servicing Procedures in connection with procedures and requirements relating to Charged-off Loans and shall include in its monthly reporting to the Purchasers Owner/Servicer when any such Mortgage Loans become Charged-off Loans. The parties agree that Seller may combine any such reporting with the reporting provided to an NRZ O/S Entity under Section 2.9(g) of an NRZ Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller Subservicer shall not make any Servicing Advances or P&I Advances with respect to Charged-off Loans and shall not be entitled to any Servicing Fees or other compensation with respect to Charged-off Loans. To the extent consistent with SellerSubservicer’s Servicing Procedures and in accordance with Section 2.4, Seller Subservicer may utilize a Vendor for recovery collection on such Charged-off Loans.

Appears in 2 contracts

Sources: Subservicing Agreement (Ocwen Financial Corp), Subservicing Agreement (New Residential Investment Corp.)

Delinquency Control. The Seller Subservicer shall, in accordance with and subject to Applicable Requirements, including without limitation the applicable Servicing Agreement: (a) Maintain a delinquent mortgage servicing program that shall include an adequate accounting system that indicates the existence of Delinquent Mortgage Loans, a procedure that provides for sending delinquent notices, assessing late charges, and returning inadequate payments, and a procedure for the individual analysis of distressed or chronically delinquent Mortgage Loans; (b) Maintain a collection department and an on‑line automated collection system that complies in all material respects with Applicable Requirements and the Servicing Procedures; (c) Conduct property inspections with respect to defaulted Mortgage Loans and REO Properties in accordance with Applicable Requirements, including without limitation the terms of the applicable Servicing Agreement and the Servicing Procedures. (d) In accordance with Applicable Requirements, administer the foreclosure or other acquisition of the Mortgaged Property relating to any Mortgage Loan in the name of the applicable Investor, process claims for any applicable insurance and until the transfer of such Mortgaged Property to the Investor or a private mortgage Insurer, if applicable, protect such property from waste and vandalism. In no event shall the Seller Subservicer have title to a Mortgaged Property conveyed in the name of any Purchaserthe Owner/Servicer without the Owner/Servicer’s prior written consent not to be unreasonably withheld or delayed. (e) The Seller Subservicer shall take appropriate measures to ensure, on an ongoing basis, the accuracy of all documents filed or otherwise utilized by the Seller Subservicer or its Vendors, Off-shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-foreclosure- related litigation, including but not limited to, documentation sufficient to establish ownership of the Mortgage Loan by the related Investor or the Owner/Servicer (if the Owner/Servicer is the Investor with respect to such Mortgage Loan) and the right to foreclose at the time the foreclosure action is commenced in the name of the Investor. The Seller Subservicer shall be required to maintain, and to cause its Vendors, Off-shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, with a clear auditable trail of documentation capable of validating foreclosure that the Seller Subservicer has produced, or has received from a prior servicersubservicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the same. In connection with any foreclosure proceeding, the Seller Subservicer shall handle such foreclosure proceedings in the name of the Investor, unless otherwise set forth pursuant to the Applicable Requirements, and the Seller Subservicer shall comply with all Applicable Requirements; provided that, in no event shall the Seller Subservicer (i) foreclose on the related Mortgaged Property in the name of any Purchaser the Owner/Servicer or (ii) have title to the Mortgaged Property conveyed in the name of any Purchaserthe Owner/Servicer, in each case, without the Owner/Servicer’s prior written consent not to be unreasonably withheld or delayed. (f) With respect to any second lien Mortgage Loan, if the Seller Subservicer is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the Superior Lien, or has declared or intends to declare a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller Subservicer shall take, whatever actions are necessary to protect the interests of the Investor consistent with Applicable Requirements; provided that such expense is treated as a reimbursable advance from the Investor. (g) The Seller Subservicer shall comply with the Applicable Requirements, including without limitation the applicable Servicing Agreement, and the Servicing Procedures in connection with procedures and requirements relating to Charged-off Loans and shall include in its monthly reporting to the Purchasers Owner/Servicer when any such Mortgage Loans become Charged-off Loans. The parties agree that Seller Subservicer may combine any such reporting with the reporting provided to an any NRZ O/S Entity under Section 2.9(g) of an any NRZ Servicing/Subservicing Agreement or the NRM Agency Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller Subservicer shall not make any Servicing Advances or P&I Advances with respect to Charged-Charged- off Loans and shall not be entitled to any Servicing Fees or other compensation with respect to Charged-off Loans. To the extent consistent with SellerSubservicer’s Servicing Procedures and in accordance with Section 2.4, Seller Subservicer may utilize a Vendor for recovery collection on such Charged-off Loans.

Appears in 2 contracts

Sources: Subservicing Agreement (Onity Group Inc.), Subservicing Agreement (Onity Group Inc.)

Delinquency Control. The Seller Subservicer shall, in accordance with and subject to Applicable Requirements, including without limitation the applicable Servicing Agreement: (a) Maintain a delinquent mortgage servicing program that shall include an adequate accounting system that indicates the existence of Delinquent Mortgage Loans, a procedure that provides for sending delinquent notices, assessing late charges, and returning inadequate payments, and a procedure for the individual analysis of distressed or chronically delinquent Mortgage Loans; (b) Maintain a collection department and an on‑line on-line automated collection system that complies in all material respects with Applicable Requirements and the Servicing Proceduresapplicable Agency Guidelines; (c) Conduct property inspections Provide the Owner/Servicer and the applicable Investor, in an electronic format, with respect a month end collection and delinquency report containing data elements to defaulted be mutually agreed upon by the parties (or required by Applicable Requirements) identifying and describing on a loan-level basis the status of any Delinquent Mortgage Loans, and any Loss Mitigation efforts, including, but not limited to, loan modifications and forbearances. In addition, the Subservicer shall provide to the Owner/Servicer, in an electronic format, with daily reports containing data elements to be mutually agreed upon by the parties, including but not limited to servicing advances, collections and remittances. Loan-level monthly reports shall be properly coded by the Subservicer to identify Mortgage Loans affected by Loss Mitigation efforts or other changes in payment terms and REO Properties in accordance with Applicable Requirementssuch reports shall reflect such pending payment terms. From time to time as the need may arise, including without limitation the terms of Subservicer shall provide the Owner/Servicer and the applicable Servicing Agreement Investor with Mortgage Loan service reports relating to any items of information that Subservicer is otherwise required to provide hereunder, or detailing any matters Subservicer believes should be brought to the special attention of Owner/Servicer and the Servicing Procedures.Investor; (d) In accordance with Applicable Requirements, administer the foreclosure or other acquisition of the Mortgaged Property relating to any Mortgage Loan in the name of the applicable InvestorSubservicer, process claims for any applicable insurance and until the transfer of such Mortgaged Property to the Investor or a private mortgage Insurerinsurer, if as applicable, protect such property from waste and vandalism. In The Subservicer will have title to the Mortgaged Property conveyed in the name designated by Investor or the name designated by the Owner/Servicer (if the Owner/Servicer is the Investor with respect to such Mortgaged Property) or pursuant to Applicable Requirements; provided that, in no event shall the Seller Subservicer have title to a the Mortgaged Property conveyed in the name of any Purchaser.the Owner/Servicer without the Owner/Servicer's prior written consent; and (e) The Seller Subservicer shall take appropriate measures to ensure, on an ongoing basis, the accuracy of all documents filed or otherwise utilized by the Seller Subservicer or its Vendors, Off-Off- shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-related litigation, including but not limited to, documentation sufficient to establish ownership of the Mortgage Loan by the related Investor or the Owner/Servicer (if the Owner/Servicer is the Investor with respect to such Mortgage Loan) and the right to foreclose at the time the foreclosure action is commenced in the name of the InvestorSubservicer. The Seller Subservicer shall be required to maintain, and to cause its Vendors, Off-Off- shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, with a clear auditable trail of documentation capable of validating foreclosure that the Seller Subservicer has produced, or has received from a prior servicersubservicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the same. In connection with any foreclosure proceeding, the Seller Subservicer shall handle such foreclosure proceedings in the name of the Investor, unless otherwise set forth pursuant to the Applicable Requirements, Subservicer and the Seller Subservicer shall comply with all Applicable RequirementsRequirements and any regulatory orders, directives or guidance applicable to the Owner/Servicer or the Subservicer; provided that, in no event shall the Seller Subservicer (iii) foreclose on the related Mortgaged Property in the name of any Purchaser the Owner/Subservicer or (ii) have title to the Mortgaged Property conveyed in the name of any Purchaser. the Owner/Servicer, in each case, without the Owner/Servicer's prior written consent. The Subservicer shall (fi) With respect require that each Default Firm providing foreclosure or bankruptcy services regularly certify that its attorneys are licensed to any second lien Mortgage Loan, if practice in the Seller is notified that any superior lienholder has accelerated or intends to accelerate relevant jurisdiction and are in good standing in the obligations secured by relevant jurisdictions and bars and (ii) provide the Superior Lien, or has declared or intends to declare Owner/Servicer with a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller shall take, whatever actions are necessary to protect the interests copy of each such certification upon request of the Investor consistent with Applicable Requirements; provided that such expense is treated as a reimbursable advance from the InvestorOwner/Servicer. (g) The Seller shall comply with the Applicable Requirements, including without limitation the applicable Servicing Agreement, and the Servicing Procedures in connection with procedures and requirements relating to Charged-off Loans and shall include in its monthly reporting to the Purchasers when any such Mortgage Loans become Charged-off Loans. The parties agree that Seller may combine any such reporting with the reporting provided to an NRZ O/S Entity under Section 2.9(g) of an NRZ Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller shall not make any Servicing Advances or P&I Advances with respect to Charged-off Loans and shall not be entitled to any Servicing Fees or other compensation with respect to Charged-off Loans. To the extent consistent with Seller’s Servicing Procedures and in accordance with Section 2.4, Seller may utilize a Vendor for recovery collection on such Charged-off Loans.

Appears in 2 contracts

Sources: Subservicing Agreement (Walter Investment Management Corp), Subservicing Agreement (Walter Investment Management Corp)

Delinquency Control. The Seller shall, in accordance with and subject to Applicable Requirements, including without limitation the applicable Servicing Agreement: (a) Maintain a Subject to the Servicing Standard, the Servicer shall be responsible for protecting the Company’s interest in the Borrower Loans by dealing effectively with Borrowers who are delinquent mortgage or in default. The Servicer’s Delinquent Loan servicing program that shall include an adequate accounting system that indicates which will immediately and positively indicate the existence of Delinquent Mortgage Loans, a procedure that provides for sending delinquent notices, and assessing late charges, and returning inadequate payments, and a procedure for the individual analysis of distressed or chronically delinquent Mortgage Borrower Loans;. (b) Maintain The Servicer shall provide the Company with a month-end collection department and an on‑line automated collection system that complies in all material respects delinquency report identifying any Delinquent Loans, and from time to time as the need may arise, provide the Company with Applicable Requirements and Borrower Loan service reports relating to any items of information which the Servicing Procedures;Servicer is otherwise required to provide hereunder, or detailing any matters the Servicer believes should be brought to the special attention of the Company. (c) Conduct property inspections with respect Without limitation to defaulted Mortgage Loans and REO Properties in accordance with Applicable RequirementsSection 3.8 or Section 3.9(a), including without limitation the terms of the applicable Servicing Agreement and but subject to the Servicing Procedures. (d) In accordance with Applicable Requirements, administer the foreclosure or other acquisition of the Mortgaged Property relating to any Mortgage Loan in the name of the applicable Investor, process claims for any applicable insurance and until the transfer of such Mortgaged Property to the Investor or a private mortgage Insurer, if applicable, protect such property from waste and vandalism. In no event shall the Seller have title to a Mortgaged Property conveyed in the name of any Purchaser. (e) The Seller shall take appropriate measures to ensure, on an ongoing basisStandard, the accuracy of all documents filed or otherwise utilized by the Seller or its Vendors, Off-shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-related litigation, including but not limited to, documentation sufficient Servicer shall have sole discretion to establish ownership of the Mortgage Loan by the related Investor and the right to foreclose at the time the foreclosure action is commenced in the name of the Investor. The Seller shall be required to maintain, and to cause its Vendors, Off-shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, with a clear auditable trail of documentation capable of validating foreclosure that the Seller has produced, or has received from a prior servicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the same. In connection with any foreclosure proceeding, the Seller shall handle such foreclosure proceedings in the name of the Investor, unless otherwise set forth pursuant to the Applicable Requirements, and the Seller shall comply with all Applicable Requirements; provided that, in no event shall the Seller determine (i) foreclose on the related Mortgaged Property in the name timing and content of any Purchaser or communications sent to delinquent Borrowers, and (ii) when and whether to (A) refer a Delinquent Loan for collection, (B) initiate legal action to collect a Delinquent Loan (any such legal action to be at the Company’s expense), (C) sell a Delinquent Loan to a third party, (D) accelerate the maturity of a Delinquent Loan that is at least 30 days past due, and/or (E) write off a Delinquent Loan or any portion thereof. The Servicer shall be authorized to select and engage on the Company’s behalf any collection agency to which any Delinquent Loan is referred and to determine the amount of its compensation (which shall not, however, exceed 30% of the amount of collections obtained except as the Company may otherwise approve in writing). The Company acknowledges and agrees that the Servicer shall be deemed to have title undertaken commercially reasonable servicing and collection efforts if it refers a Delinquent Loan to a collection agency with five Business Days after such Borrower Loan first became thirty days past due. The Company further acknowledges and agrees that the Mortgaged Property conveyed in the name of any Purchaser. Servicer will write off Borrower Loans that are 120 days past due (fand may also write off Delinquent Loans that are less than 120 days (but at least 31 days) With respect to any second lien Mortgage Loan, past due if the Seller is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the Superior Lien, or has declared or intends to declare a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller shall take, whatever actions are necessary to protect the interests of the Investor consistent with Applicable Requirements; provided that Servicer deems such expense is treated as a reimbursable advance from the Investoraction appropriate). (g) The Seller shall comply with the Applicable Requirements, including without limitation the applicable Servicing Agreement, and the Servicing Procedures in connection with procedures and requirements relating to Charged-off Loans and shall include in its monthly reporting to the Purchasers when any such Mortgage Loans become Charged-off Loans. The parties agree that Seller may combine any such reporting with the reporting provided to an NRZ O/S Entity under Section 2.9(g) of an NRZ Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller shall not make any Servicing Advances or P&I Advances with respect to Charged-off Loans and shall not be entitled to any Servicing Fees or other compensation with respect to Charged-off Loans. To the extent consistent with Seller’s Servicing Procedures and in accordance with Section 2.4, Seller may utilize a Vendor for recovery collection on such Charged-off Loans.

Appears in 2 contracts

Sources: Servicing Agreement (Prosper Funding LLC), Servicing Agreement (Prosper Funding LLC)

Delinquency Control. The Seller Subservicer shall, in accordance with and subject to Applicable Requirements, including without limitation the applicable Servicing Agreement: (a) Maintain a delinquent mortgage servicing program that shall include an adequate accounting system that indicates the existence of Delinquent Mortgage Loans, a procedure that provides for sending delinquent notices, assessing late charges, and returning inadequate payments, and a procedure for the individual analysis of distressed or chronically delinquent Mortgage Loans; (b) Maintain a collection department and an on‑line automated collection system that complies in all material respects with Applicable Requirements and the Servicing Procedures; (c) Conduct property inspections with respect to defaulted Mortgage Loans and REO Properties in accordance with Applicable Requirements, including without limitation the terms of the applicable Servicing Agreement and the Servicing Procedures. (d) In accordance with Applicable Requirements, administer the foreclosure or other acquisition of the Mortgaged Property relating to any Mortgage Loan in the name of the applicable Investor, process claims for any applicable insurance and until the transfer of such Mortgaged Property to the Investor or a private mortgage Insurer, if applicable, protect such property from waste and vandalism. In no event shall the Seller Subservicer have title to a Mortgaged Property conveyed in the name of any Purchaserthe Owner/Servicer without the Owner/Servicer’s prior written consent not to be unreasonably withheld or delayed. (e) The Seller Subservicer shall take appropriate measures to ensure, on an ongoing basis, the accuracy of all documents filed or otherwise utilized by the Seller Subservicer or its Vendors, Off-shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-related litigation, including but not limited to, documentation sufficient to establish ownership of the Mortgage Loan by the related Investor or the Owner/Servicer (if the Owner/Servicer is the Investor with respect to such Mortgage Loan) and the right to foreclose at the time the foreclosure action is commenced in the name of the Investor. The Seller Subservicer shall be required to maintain, and to cause its Vendors, Off-shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, with a clear auditable trail of documentation capable of validating foreclosure that the Seller Subservicer has produced, or has received from a prior servicersubservicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the same. In connection with any foreclosure proceeding, the Seller Subservicer shall handle such foreclosure proceedings in the name of the Investor, unless otherwise set forth pursuant to the Applicable Requirements, and the Seller Subservicer shall comply with all Applicable Requirements; provided that, in no event shall the Seller Subservicer (i) foreclose on the related Mortgaged Property in the name of any Purchaser the Owner/Servicer or (ii) have title to the Mortgaged Property conveyed in the name of any Purchaserthe Owner/Servicer, in each case, without the Owner/Servicer’s prior written consent not to be unreasonably withheld or delayed. (f) With respect to any second lien Mortgage Loan, if the Seller Subservicer is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the Superior Lien, or has declared or intends to declare a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller Subservicer shall take, whatever actions are necessary to protect the interests of the Investor consistent with Applicable Requirements; provided that such expense is treated as a reimbursable advance from the Investor. (g) The Seller Subservicer shall comply with the Applicable Requirements, including without limitation the applicable Servicing Agreement, and the Servicing Procedures in connection with procedures and requirements relating to Charged-off Loans and shall include in its monthly reporting to the Purchasers Owner/Servicer when any such Mortgage Loans become Charged-off Loans. The parties agree that Seller Subservicer may combine any such reporting with the reporting provided to an any NRZ O/S Entity under Section 2.9(g) of an any NRZ Servicing/Subservicing Agreement or the NRM Agency Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller Subservicer shall not make any Servicing Advances or P&I Advances with respect to Charged-off Loans and shall not be entitled to any Servicing Fees or other compensation with respect to Charged-off Loans. To the extent consistent with SellerSubservicer’s Servicing Procedures and in accordance with Section 2.4, Seller Subservicer may utilize a Vendor for recovery collection on such Charged-off Loans.

Appears in 2 contracts

Sources: Subservicing Agreement (Ocwen Financial Corp), Subservicing Agreement (New Residential Investment Corp.)

Delinquency Control. The Seller Subservicer shall, in accordance with and subject to Applicable Requirements, including without limitation the applicable Servicing Agreement: (a) Maintain a delinquent mortgage servicing program that shall include an adequate accounting system that indicates the existence of Delinquent Mortgage Loans, a procedure that provides for sending delinquent notices, assessing late charges, and returning inadequate payments, and a procedure for the individual analysis of distressed or chronically delinquent Mortgage Loans; (b) Maintain a collection department and an on‑line automated collection system that complies in all material respects with Applicable Requirements and the Servicing Procedures; (c) Conduct property inspections with respect to defaulted Mortgage Loans and REO Properties in accordance with Applicable Requirements, including without limitation the terms of the applicable Servicing Agreement and the Servicing Procedures. (d) In accordance with Applicable Requirements, administer the foreclosure or other acquisition of the Mortgaged Property relating to any Mortgage Loan in the name of the applicable Investor, process claims for any applicable insurance and until the transfer of such Mortgaged Property to the Investor or a private mortgage Insurer, if applicable, protect such property from waste and vandalism. In no event shall the Seller Subservicer have title to a Mortgaged Property conveyed in the name of any Purchaserthe Owner/Servicer without the Owner/Servicer’s prior written consent not to be unreasonably withheld or delayed. (e) The Seller Subservicer shall take appropriate measures to ensure, on an ongoing basis, the accuracy of all documents filed or otherwise utilized by the Seller Subservicer or its Vendors, Off-shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-foreclosure- related litigation, including but not limited to, documentation sufficient to establish ownership of the Mortgage Loan by the related Investor or the Owner/Servicer (if the Owner/Servicer is the Investor with respect to such Mortgage Loan) and the right to foreclose at the time the foreclosure action is commenced in the name of the Investor. The Seller Subservicer shall be required to maintain, and to cause its Vendors, Off-shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, with a clear auditable trail of documentation capable of validating foreclosure that the Seller Subservicer has produced, or has received from a prior servicersubservicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the same. In connection with any foreclosure proceeding, the Seller Subservicer shall handle such foreclosure proceedings in the name of the Investor, unless otherwise set forth pursuant to the Applicable Requirements, and the Seller Subservicer shall comply with all Applicable Requirements; provided that, in no event shall the Seller Subservicer (i) foreclose on the related Mortgaged Property in the name of any Purchaser the Owner/Servicer or (ii) have title to the Mortgaged Property conveyed in the name of any Purchaserthe Owner/Servicer, in each case, without the Owner/Servicer’s prior written consent not to be unreasonably withheld or delayed. (f) With respect to any second lien Mortgage Loan, if the Seller Subservicer is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the Superior Lien, or has declared or intends to declare a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller Subservicer shall take, whatever actions are necessary to protect the interests of the Investor consistent with Applicable Requirements; provided that such expense is treated as a reimbursable advance from the Investor. (g) The Seller Subservicer shall comply with the Applicable Requirements, including without limitation the applicable Servicing Agreement, and the Servicing Procedures in connection with procedures and requirements relating to Charged-off Loans and shall include in its monthly reporting to the Purchasers Owner/Servicer when any such Mortgage Loans become Charged-off Loans. The parties agree that Seller may combine any such reporting with the reporting provided to an NRZ O/S Entity under Section 2.9(g) of an NRZ Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller Subservicer shall not make any Servicing Advances or P&I Advances with respect to Charged-off Loans and shall not be entitled to any Servicing Fees or other compensation with respect to Charged-off Loans. To the extent consistent with SellerSubservicer’s Servicing Procedures and in accordance with Section 2.4, Seller Subservicer may utilize a Vendor for recovery collection on such Charged-off Loans.

Appears in 2 contracts

Sources: Subservicing Agreement (Onity Group Inc.), Subservicing Agreement (Onity Group Inc.)

Delinquency Control. The Seller shall, in accordance with and subject to Applicable Requirements, including without limitation the applicable Servicing Agreement: (a) Maintain a Subject to the Servicing Standard, the Loan and Note Servicer shall be responsible for protecting the Company’s interest in the Borrower Loans by dealing effectively with Borrowers who are delinquent mortgage or in default. The Loan and Note Servicer’s Delinquent Loan servicing program that shall include an adequate accounting system that indicates will immediately and positively indicate the existence of Delinquent Mortgage Loans, a procedure that provides for sending delinquent notices, notices and assessing late charges, and returning inadequate payments, and a procedure for the individual analysis of distressed or chronically delinquent Mortgage Borrower Loans;. (b) Maintain The Loan and Note Servicer shall provide the Company with a month-end collection department and an on‑line automated collection system delinquency report identifying any Delinquent Loans, and, from time to time as the need may arise, provide the Company with Borrower Loan service reports relating to any items of information that complies in all material respects with Applicable Requirements the Loan and Note Servicer is otherwise required to provide hereunder, or detailing any matters the Servicing Procedures;Loan and Note Servicer believes should be brought to the special attention of the Company. (c) Conduct property inspections with respect Without limitation to defaulted Mortgage Loans and REO Properties in accordance with Applicable RequirementsSection 5.5 or Section 5.6(a), including without limitation the terms of the applicable Servicing Agreement and but subject to the Servicing Procedures. (d) In accordance with Applicable Requirements, administer the foreclosure or other acquisition of the Mortgaged Property relating to any Mortgage Loan in the name of the applicable Investor, process claims for any applicable insurance and until the transfer of such Mortgaged Property to the Investor or a private mortgage Insurer, if applicable, protect such property from waste and vandalism. In no event shall the Seller have title to a Mortgaged Property conveyed in the name of any Purchaser. (e) The Seller shall take appropriate measures to ensure, on an ongoing basisStandard, the accuracy of all documents filed or otherwise utilized by the Seller or its Vendors, Off-shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-related litigation, including but not limited to, documentation sufficient Loan and Note Servicer shall have sole discretion to establish ownership of the Mortgage Loan by the related Investor and the right to foreclose at the time the foreclosure action is commenced in the name of the Investor. The Seller shall be required to maintain, and to cause its Vendors, Off-shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, with a clear auditable trail of documentation capable of validating foreclosure that the Seller has produced, or has received from a prior servicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the same. In connection with any foreclosure proceeding, the Seller shall handle such foreclosure proceedings in the name of the Investor, unless otherwise set forth pursuant to the Applicable Requirements, and the Seller shall comply with all Applicable Requirements; provided that, in no event shall the Seller determine (i) foreclose on the related Mortgaged Property in the name timing and content of any Purchaser or communications sent to delinquent Borrowers, and (ii) have title when and whether to (A) refer a Delinquent Loan for collection and engage or retain a collection agency on behalf of the Mortgaged Property conveyed Company to collect on such Delinquent Loan (any such engagement or retainer to be at the Company’s expense), (B) initiate legal action to collect a Delinquent Loan (any such legal action to be at the Company’s expense), (C) sell a Delinquent Loan to a third party, (D) accelerate the maturity of a Delinquent Loan that is at least 30 days past due, and/or (E) write off a Delinquent Loan or any portion thereof. The Loan and Note Servicer shall be authorized to select and engage on the Company’s behalf any collection agency to which any Delinquent Loan is referred and to determine the amount of its compensation (which shall not, however, exceed 40% of the amount of collections obtained, in addition to any legal fees incurred in the name of any Purchaser. collection effort, except as the Company may otherwise approve in writing). The Company acknowledges and agrees that the Loan and Note Servicer shall be deemed to have undertaken commercially reasonable servicing and collection efforts if it refers a Delinquent Loan to a collection agency with five Business Days after such Borrower Loan first became thirty days past due. The Company further acknowledges and agrees that the Loan and Note Servicer will write off Borrower Loans that are 120 days past due (fand may also write off Delinquent Loans that are less than 120 days (but at least 31 days) With respect to any second lien Mortgage Loan, past due if the Seller is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the Superior Lien, or has declared or intends to declare a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller shall take, whatever actions are necessary to protect the interests of the Investor consistent with Applicable Requirements; provided that Loan and Note Servicer deems such expense is treated as a reimbursable advance from the Investoraction appropriate). (g) The Seller shall comply with the Applicable Requirements, including without limitation the applicable Servicing Agreement, and the Servicing Procedures in connection with procedures and requirements relating to Charged-off Loans and shall include in its monthly reporting to the Purchasers when any such Mortgage Loans become Charged-off Loans. The parties agree that Seller may combine any such reporting with the reporting provided to an NRZ O/S Entity under Section 2.9(g) of an NRZ Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller shall not make any Servicing Advances or P&I Advances with respect to Charged-off Loans and shall not be entitled to any Servicing Fees or other compensation with respect to Charged-off Loans. To the extent consistent with Seller’s Servicing Procedures and in accordance with Section 2.4, Seller may utilize a Vendor for recovery collection on such Charged-off Loans.

Appears in 2 contracts

Sources: Administration Agreement (Prosper Funding LLC), Administration Agreement (Prosper Funding LLC)

Delinquency Control. The Seller shall, in accordance with and subject to Applicable Requirements, including without limitation the applicable Servicing Agreement: (a) Maintain a Subject to the Servicing Standard, the Loan and Note Servicer shall be responsible for protecting the Company’s interest in the Borrower Loans by dealing effectively with Borrowers who are delinquent mortgage or in default. The Loan and Note Servicer’s Delinquent Loan servicing program that shall include an adequate accounting system that indicates will immediately and positively indicate the existence of Delinquent Mortgage Loans, a procedure that provides for sending delinquent notices, notices and assessing late charges, and returning inadequate payments, and a procedure for the individual analysis of distressed or chronically delinquent Mortgage Borrower Loans;. 1 Cross-reference needs to be confirmed once Indenture is finalized. (b) Maintain The Loan and Note Servicer shall provide the Company with a month-end collection department and an on‑line automated collection system delinquency report identifying any Delinquent Loans, and, from time to time as the need may arise, provide the Company with Borrower Loan service reports relating to any items of information that complies in all material respects with Applicable Requirements the Loan and Note Servicer is otherwise required to provide hereunder, or detailing any matters the Servicing Procedures;Loan and Note Servicer believes should be brought to the special attention of the Company. (c) Conduct property inspections with respect Without limitation to defaulted Mortgage Loans and REO Properties in accordance with Applicable RequirementsSection 5.5 or Section 5.6(a), including without limitation the terms of the applicable Servicing Agreement and but subject to the Servicing Procedures. (d) In accordance with Applicable Requirements, administer the foreclosure or other acquisition of the Mortgaged Property relating to any Mortgage Loan in the name of the applicable Investor, process claims for any applicable insurance and until the transfer of such Mortgaged Property to the Investor or a private mortgage Insurer, if applicable, protect such property from waste and vandalism. In no event shall the Seller have title to a Mortgaged Property conveyed in the name of any Purchaser. (e) The Seller shall take appropriate measures to ensure, on an ongoing basisStandard, the accuracy of all documents filed or otherwise utilized by the Seller or its Vendors, Off-shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-related litigation, including but not limited to, documentation sufficient Loan and Note Servicer shall have sole discretion to establish ownership of the Mortgage Loan by the related Investor and the right to foreclose at the time the foreclosure action is commenced in the name of the Investor. The Seller shall be required to maintain, and to cause its Vendors, Off-shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, with a clear auditable trail of documentation capable of validating foreclosure that the Seller has produced, or has received from a prior servicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the same. In connection with any foreclosure proceeding, the Seller shall handle such foreclosure proceedings in the name of the Investor, unless otherwise set forth pursuant to the Applicable Requirements, and the Seller shall comply with all Applicable Requirements; provided that, in no event shall the Seller determine (i) foreclose on the related Mortgaged Property in the name timing and content of any Purchaser or communications sent to delinquent Borrowers, and (ii) when and whether to (A) refer a Delinquent Loan for collection and engage or retain a collection agency on behalf of the Company to collect on such Delinquent Loan (any such engagement or retainer to be at the Company’s expense), (B) initiate legal action to collect a Delinquent Loan (any such legal action to be at the Company’s expense), (C) sell a Delinquent Loan to a third party, (D) accelerate the maturity of a Delinquent Loan that is at least 30 days past due, and/or (E) write off a Delinquent Loan or any portion thereof. The Loan and Note Servicer shall be authorized to select and engage on the Company’s behalf any collection agency to which any Delinquent Loan is referred and to determine the amount of its compensation (which shall not, however, exceed 30% of the amount of collections obtained except as the Company may otherwise approve in writing). The Company acknowledges and agrees that the Loan and Note Servicer shall be deemed to have title undertaken commercially reasonable servicing and collection efforts if it refers a Delinquent Loan to a collection agency with five Business Days after such Borrower Loan first became thirty days past due. The Company further acknowledges and agrees that the Mortgaged Property conveyed in the name of any Purchaser. Loan and Note Servicer will write off Borrower Loans that are 120 days past due (fand may also write off Delinquent Loans that are less than 120 days (but at least 31 days) With respect to any second lien Mortgage Loan, past due if the Seller is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the Superior Lien, or has declared or intends to declare a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller shall take, whatever actions are necessary to protect the interests of the Investor consistent with Applicable Requirements; provided that Loan and Note Servicer deems such expense is treated as a reimbursable advance from the Investoraction appropriate). (g) The Seller shall comply with the Applicable Requirements, including without limitation the applicable Servicing Agreement, and the Servicing Procedures in connection with procedures and requirements relating to Charged-off Loans and shall include in its monthly reporting to the Purchasers when any such Mortgage Loans become Charged-off Loans. The parties agree that Seller may combine any such reporting with the reporting provided to an NRZ O/S Entity under Section 2.9(g) of an NRZ Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller shall not make any Servicing Advances or P&I Advances with respect to Charged-off Loans and shall not be entitled to any Servicing Fees or other compensation with respect to Charged-off Loans. To the extent consistent with Seller’s Servicing Procedures and in accordance with Section 2.4, Seller may utilize a Vendor for recovery collection on such Charged-off Loans.

Appears in 1 contract

Sources: Administration Agreement (Prosper Funding LLC)

Delinquency Control. The Seller Subservicer shall, with respect to each Subserviced Mortgage Loan, as and to the extent required by the Applicable Servicing Requirements: A. Take commercially reasonable steps to maintain Subserviced Mortgage Loans in accordance with and subject a current status pursuant to Applicable Servicing Requirements, including without limitation the applicable Servicing Agreement: (a) Maintain a delinquent mortgage servicing program which may include procedures that shall include an adequate accounting system that indicates the existence of Delinquent Mortgage Loans, a procedure that provides provide for sending delinquent notices, call campaigns and strategies, assessing late charges, and returning inadequate payments, and a procedure procedures for the individual analysis of Subserviced Mortgage Loans that are distressed or chronically delinquent Mortgage Loans;Delinquent. (b) B. Maintain a collection department department. All Subserviced Mortgage Loans that are Delinquent Mortgage Loans or Defaulted Mortgage Loans shall be serviced in accordance with the Applicable Servicing Requirements. C. Provide Investors with month-end collection and an on‑line automated collection system delinquency reports identifying and describing the status of any Subserviced Mortgage Loans that complies in all material respects with Applicable Requirements and the Servicing Procedures; (c) Conduct property inspections with respect to defaulted are Delinquent Mortgage Loans and REO Properties Defaulted Mortgage Loans as and to the extent provided for in accordance with the Applicable Servicing Requirements, including without limitation and from time to time as the terms of the applicable Servicing Agreement and the Servicing Procedures. (d) In accordance need may arise, provide Investors with Applicable Requirements, administer the foreclosure or other acquisition of the Mortgaged Property loan service reports relating to any Mortgage Loan in the name of the applicable Investor, process claims for information which Subservicer is otherwise required to provide thereunder or detailing any applicable insurance and until the transfer of such Mortgaged Property matters that Subservicer reasonably believes should be brought to the Investor or a private mortgage Insurer, if applicable, protect such property from waste and vandalism. In no event shall the Seller have title to a Mortgaged Property conveyed in the name attention of any PurchaserInvestor. (e) The Seller shall take appropriate measures D. Offer loan modification and other foreclosure avoidance agreements and alternatives to ensureMortgagors, on an ongoing basisServicer’s behalf and, the accuracy of all documents filed or otherwise utilized by the Seller or its Vendorsin doing so, Off-shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-related litigation, including but not limited to, documentation sufficient to establish ownership of the Mortgage Loan by the related Investor and the right to foreclose at the time the foreclosure action is commenced in the name of the Investor. The Seller shall be required to maintain, and to cause its Vendors, Off-shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, comply with a clear auditable trail of documentation capable of validating foreclosure that the Seller has produced, or has received from a prior servicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the sameApplicable Servicing Requirements. In connection with any foreclosure proceedingoffering loan modifications to Mortgagors, Subservicer will conform to the Seller shall handle such foreclosure proceedings in the name of the Investor, unless otherwise requirements set forth pursuant to the Applicable Requirements, and the Seller shall comply with all Applicable Requirements; provided that, in no event shall the Seller (i) foreclose on the related Mortgaged Property in the name of any Purchaser or (ii) have title to the Mortgaged Property conveyed in the name of any PurchaserSection 3.O. above. (f) With respect to any second lien Mortgage Loan, if the Seller is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the Superior Lien, or has declared or intends to declare a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller shall take, whatever actions are necessary to protect the interests of the Investor consistent with Applicable Requirements; provided that such expense is treated as a reimbursable advance from the Investor. (g) The Seller shall comply with the Applicable Requirements, including without limitation the applicable Servicing Agreement, and the Servicing Procedures in connection with procedures and requirements relating to Charged-off Loans and shall include in its monthly reporting to the Purchasers when any such Mortgage Loans become Charged-off Loans. The parties agree that Seller may combine any such reporting with the reporting provided to an NRZ O/S Entity under Section 2.9(g) of an NRZ Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller shall not make any Servicing Advances or P&I Advances with respect to Charged-off Loans and shall not be entitled to any Servicing Fees or other compensation with respect to Charged-off Loans. To the extent consistent with Seller’s Servicing Procedures and in accordance with Section 2.4, Seller may utilize a Vendor for recovery collection on such Charged-off Loans.

Appears in 1 contract

Sources: Mortgage Loan Subservicing Agreement (First Horizon National Corp)

Delinquency Control. The Seller Subservicer shall, in accordance with and subject to Applicable Requirements, including without limitation the applicable Servicing Agreement:: ------------------- (a) Maintain Be responsible for protecting the Investor's investment in the Mortgage Loans by endeavoring to maintain the maximum possible number of Mortgage Loans in a current status, dealing quickly and effectively with Mortgagors who are delinquent mortgage servicing or in default. Subservicer's delinquent Mortgage Loan subservicing program that shall include include: (i) an adequate accounting system that indicates which will immediately and positively indicate the existence of Delinquent delinquent Mortgage Loans, ; (ii) a procedure that provides for sending delinquent notices, assessing late charges, charges and returning inadequate payments, ; and a procedure (iii) procedures for the individual analysis of distressed or chronically delinquent Mortgage Loans;Loans and counseling of the related Mortgagors. (b) Maintain a Provide Lender and Investor with month-end collection department and an on‑line automated collection system that complies in all material respects delinquency report within three (3) Business Days following the end of each month, identifying and describing the status of any delinquent Mortgage Loans, and will from time to time as need may arise, provide Lender and Investor with Applicable Requirements Mortgage Loan service reports relating to any items of information which Subservicer is otherwise required to provide hereunder, or detailing any matters the Subservicer believes should be brought to the special attention of Lender and the Servicing Procedures;Investor. (c) Conduct property inspections with respect to defaulted Mortgage Loans Upon the request and REO Properties under the direction of Lender and Investor, assist in accordance with Applicable Requirements, including without limitation the terms of the applicable Servicing Agreement and the Servicing Procedures. (d) In accordance with Applicable Requirements, administer the foreclosure or other acquisition of the Mortgaged Property relating to Premises securing any Mortgage Loan in Loan, the name transfer or the Mortgaged Premises to the FHA or VA and the collection of the applicable Investor, process claims for any applicable mortgage insurance and until the transfer or guaranties and, pending completion of such Mortgaged Property to the Investor or a private mortgage Insurer, if applicablethese steps, protect such property the Mortgaged Premises from waste and vandalism. In no event shall At the Seller have title to a Mortgaged Property conveyed in the name of any Purchaser. (e) The Seller shall take appropriate measures to ensure, on an ongoing basis, the accuracy of all documents filed or otherwise utilized by the Seller or its Vendors, Off-shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-related litigation, including but not limited to, documentation sufficient to establish ownership of the Mortgage Loan by the related Investor and the right to foreclose at the time the foreclosure action is commenced in the name of the Investor. The Seller shall be required to maintain, and to cause its Vendors, Off-shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, with a clear auditable trail of documentation capable of validating foreclosure that the Seller has produced, or has received from a prior servicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the same. In connection with any foreclosure proceeding, the Seller shall handle such foreclosure proceedings in the name option of the Investor, unless otherwise set forth pursuant Investor may assign such Mortgage Loan to the Applicable RequirementsSubservicer which will then conduct all such proceedings in its own name, promptly thereafter assigning and conveying to the Seller shall comply with all Applicable Requirements; provided thatInvestor any title, in no event shall the Seller (i) foreclose on the related Mortgaged Property in the name of any Purchaser equity or (ii) other property or right acquired by such proceedings. Subservicer will have title to the Mortgaged Property Premises conveyed in the name of any Purchaser. (f) With respect to any second lien Mortgage Loan, if the Seller is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured designated by the Superior Lien, or has declared or intends to declare a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller Investor. Subservicer shall take, whatever actions are necessary to protect the interests of the Investor consistent with Applicable Requirements; provided that such expense is treated as a reimbursable advance from the Investor. (g) The Seller shall comply with the Applicable Requirements, including without limitation the applicable Servicing Agreement, and the Servicing Procedures in connection with procedures and requirements relating to Charged-off Loans and shall include in its monthly reporting to the Purchasers when any such Mortgage Loans become Charged-off Loans. The parties agree that Seller may combine any such reporting with the reporting provided to an NRZ O/S Entity under Section 2.9(g) of an NRZ Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller shall not make any Servicing Advances or P&I Advances with respect to Charged-off Loans and shall not be entitled to any Servicing Fees or other compensation with respect to Charged-off Loans. To promptly recoup all of its actual expenses incurred under this Section 2.6, including court costs and attorney's fees, in the extent consistent with Seller’s Servicing Procedures manner described in Sections 2.5(f) and in accordance with Section 2.4, Seller may utilize a Vendor for recovery collection on such Charged-off Loans4.1.

Appears in 1 contract

Sources: Subservicing Agreement (United Panam Financial Corp)

Delinquency Control. The Seller Subservicer shall, in accordance with and subject to Applicable Requirements, including without limitation the applicable Servicing Agreement: (a) Maintain Be responsible for protecting Investor’s investment in the Mortgage Loans by endeavoring to maintain the maximum possible number of Mortgage Loans in a current status, dealing quickly and effectively with Mortgagors who are delinquent mortgage servicing or in default. Subservicer’s delinquent Mortgage Loan subservicing program that shall include include: (i) an adequate accounting system that indicates which will immediately and accurately indicate the existence of Delinquent delinquent Mortgage Loans, (ii) a procedure that provides for sending delinquent notices, assessing late charges, charges and returning inadequate insufficient payments, ; and a procedure (iii) procedures for the individual analysis of distressed or chronically delinquent Mortgage Loans;Loans and the counseling of the related Mortgagors. (b) Maintain As may be required by the Applicable Requirements, provide Lender and Investor with a month-end collection department and an on‑line automated collection system that complies in all material respects delinquency report identifying and describing the status of any delinquent Mortgage Loans, and will from time to time as the need may arise, provide Lender and Investor with Applicable Requirements and Mortgage Loan service reports relating to any items of information which Subservicer is otherwise required to provide hereunder, or detailing any matters Subservicer believes should be brought to the Servicing Procedures;special attention of Lender and/or Investor. (c) Conduct property inspections with respect to defaulted Mortgage Loans and REO Properties in accordance with Applicable Requirements, including without limitation the terms of the applicable Servicing Agreement and the Servicing Procedures. (d) In accordance with Applicable RequirementsRequirements and with counsel selected by Subservicer, administer manage the foreclosure or other acquisition disposition of title to the Mortgaged Premises securing any Mortgage Loan, the transfer of the Mortgaged Property relating Premises to any Mortgage Loan in FHA or VA and the name collection of the applicable Investor, process claims for any applicable mortgage insurance and until the transfer or guaranties and, pending completion of such Mortgaged Property to the Investor or a private mortgage Insurer, if applicablethese steps, protect such property the Mortgaged Premises from waste and vandalism. In no event shall If the Seller have title to Investor is the successful bidder at foreclosure sale or accepts a Mortgaged Property conveyed deed in the name lieu of any Purchaser. (e) The Seller shall take appropriate measures to ensureforeclosure, on an ongoing basis, the accuracy of all documents filed or otherwise utilized by the Seller or its Vendors, Off-shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-related litigation, including but not limited to, documentation sufficient to establish ownership of the Mortgage Loan by the related Investor and the right to foreclose at the time the foreclosure action is commenced in the name of the Investor. The Seller shall be required to maintain, and to cause its Vendors, Off-shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, with a clear auditable trail of documentation capable of validating foreclosure that the Seller has produced, or has received from a prior servicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the same. In connection with any foreclosure proceeding, the Seller shall handle such foreclosure proceedings in the name of the Investor, unless otherwise set forth pursuant to the Applicable Requirements, and the Seller shall comply with all Applicable Requirements; provided that, in no event shall the Seller (i) foreclose on the related Mortgaged Property in the name of any Purchaser or (ii) Subservicer will have title to the Mortgaged Property Premises conveyed into any name designated by Investor, except that Subservicer will not itself accept or acquire title to REO. Subservicer has no responsibilities concerning REO unless the Investor requests that Subservicer pay the accruing real estate taxes on the REO until the Investor’s ultimate disposition of the REO. If requested by Lender, Subservicer shall also manage the marketing and maintenance of REO, using Subservicer’s standard practices and vendors for such services, in which case Subservicer shall: (i) provide for the name eviction of any Purchaser. (f) With respect unauthorized persons or personal property from the REO pursuant to any second lien Mortgage Loan, if the Seller is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the Superior Lien, or has declared or intends to declare a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller shall take, whatever actions are necessary to protect the interests of the Investor consistent with Applicable Requirements; provided that (ii) not permit the REO to be occupied or rented; (iii) use reasonable efforts to dispose of the REO as soon as possible and promptly notify Lender of any bona-fide written offer received for the REO and, if such expense is treated offer if accepted by Lender, assist Lender in the settlement of the transaction and promptly remit the proceeds of the sale to Investor; (iv) provide for ordinary maintenance and repair of the REO including, as a reimbursable advance from the Investor. (g) The Seller shall comply with the Applicable Requirementsnecessary, including without limitation the applicable Servicing Agreementwinterization, snow removal, lawn care, pool maintenance, and the Servicing Procedures in connection with procedures and requirements relating debris removal. If any single item of repair under clause (iv) exceeds $2,500.00, Subservicer shall obtain Lender’s prior written approval before incurring such expense; if Lender fails to Charged-off Loans and approve such expense, Subservicer’s obligations hereunder shall include in its monthly reporting to the Purchasers when any such Mortgage Loans become Charged-off Loansbe deemed modified accordingly. The parties agree that Seller may combine any such reporting with the reporting provided to an NRZ O/S Entity under Section 2.9(g) of an NRZ Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller Subservicer shall not make any Servicing Advances or P&I Advances with respect to Charged-off Loans and shall not be entitled to any Servicing Fees or other recoup all of its actual expenses incurred under this Section 2.6 including court costs and attorney’s fees. Subservicer’s compensation with respect to Charged-off Loans. To the extent consistent with Seller’s Servicing Procedures and for managing REO as provided for in accordance with this Section 2.4, Seller may utilize a Vendor for recovery collection on such Charged-off Loans2.6(c) is as provided in Section I.D of Schedule II.

Appears in 1 contract

Sources: Mortgage Loan Subservicing Agreement (Ebank Financial Services Inc)

Delinquency Control. The Seller In full compliance with the Guide, Subservicer shall, in accordance with and subject to Applicable Requirements, including without limitation the applicable Servicing Agreement: (a) Maintain Be responsible for protecting Investor's investment in the Loans by maintaining the maximum possible number of Loans in a current status, dealing quickly and effectively with Borrowers who are delinquent or in default. Subservicer's delinquent mortgage servicing program that shall include an adequate accounting system that indicates which will immediately and positively indicate the existence of Delinquent Mortgage delinquent Loans, a procedure that provides for sending delinquent notices, assessing late charges, and returning inadequate paymentspayment, and a procedure for the individual analysis of distressed or chronically delinquent Mortgage Loans;. Attached to this Agreement is Schedule III which is a minimum sample of reports required under this Agreement. (b) Maintain a collection department and an on‑line on-line automated collection system that complies system. All delinquent Loans shall be serviced in all material respects accordance with Applicable Requirements and Investors Instructions or where none apply, the Servicing Procedures;Guide. (c) Conduct property inspections Provide Lender/Servicer and Investor with a month-end collection and delinquency report identifying and describing the status of any delinquent Loans, and will from time to time as the need may arise, provide Lender/Servicer and Investor with loan service reports relating to any items of information which Subservicer is otherwise required to provide hereunder per Schedule IV attached hereto, or detailing any matters the Subservicer reasonably believes should be brought to the special attention of Lender/Servicer and Investor. The reports as outlined in Schedule III shall be delivered to Lender/Servicer via hard copy. All information in Subservicer's custody and control with respect to defaulted Mortgage Lender/Servicer's Loans and REO Properties shall be immediately available to Lender/Servicer and, in accordance with Applicable Requirementsno event, including without limitation the terms later than five (5) business days following receipt of the applicable Servicing Agreement and the Servicing Proceduresa request therefor. Subservicer shall provide a master file tape to Lender/Servicer twice monthly. (d) In accordance with Applicable RequirementsUpon the request and under the direction of Lender/Servicer and Investor, administer assist in the foreclosure or other acquisition of the Mortgaged Security Property relating pursuant to any Mortgage Loan in the name of the applicable Investora Mortgage, process claims for any applicable insurance and until the transfer of such Mortgaged Security Property to the Investor FHA or a private VA and the collection of any applicable mortgage Insurerinsurance, if applicableand pending completion of these steps, protect such property Security Property from waste and vandalism. In no event Subservicer shall the Seller be responsible for filing all reimbursement claim forms. Subservicer will have title to a Mortgaged such Security Property conveyed in the name of any Purchaser. (e) The Seller shall take appropriate measures to ensure, on an ongoing basis, the accuracy of all documents filed or otherwise utilized designated by the Seller or its Vendors, Off-shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-related litigation, including but not limited to, documentation sufficient to establish ownership of the Mortgage Loan by the related Investor and the right to foreclose at the time the foreclosure action is commenced in the name of the Investor. The Seller shall be required to maintainUpon receipt of billing by Subservicer, and to cause Lender/Servicer will immediately reimburse Subservicer for all of its Vendorsexpenses so incurred under this paragraph, Off-shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, with a clear auditable trail of documentation capable of validating foreclosure provided that the Seller has produced, or has received from a prior servicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the same. In connection with any foreclosure proceeding, the Seller shall handle such foreclosure proceedings in the name of the Investor, unless otherwise set forth they are reimbursable pursuant to the Applicable RequirementsGuide, including court costs and reasonable attorney's fees. In case of a voluntary deed in lieu of foreclosure, and purchase by Investor for its account, Subservicer will protect the Seller Security Property while so owned. These operations shall comply with all Applicable Requirements; provided thatbe on terms and as determined and directed by Investor from time to time. Under the sale of such Security Property, in no event shall the Seller (i) foreclose on the related Mortgaged Property in the name of any Purchaser or (ii) have title to the Mortgaged Property conveyed in the name of any Purchaser. (f) With respect to any second lien Mortgage Loanterms as specified by Investor, if payments are deferred and payable under contract or Mortgage, Subservicer will service the Seller is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the Superior Lien, or has declared or intends to declare a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller shall take, whatever actions are necessary to protect the interests of the Investor consistent with Applicable Requirements; provided that such expense is treated as a reimbursable advance from the Investorsame until completely liquidated. (g) The Seller shall comply with the Applicable Requirements, including without limitation the applicable Servicing Agreement, and the Servicing Procedures in connection with procedures and requirements relating to Charged-off Loans and shall include in its monthly reporting to the Purchasers when any such Mortgage Loans become Charged-off Loans. The parties agree that Seller may combine any such reporting with the reporting provided to an NRZ O/S Entity under Section 2.9(g) of an NRZ Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller shall not make any Servicing Advances or P&I Advances with respect to Charged-off Loans and shall not be entitled to any Servicing Fees or other compensation with respect to Charged-off Loans. To the extent consistent with Seller’s Servicing Procedures and in accordance with Section 2.4, Seller may utilize a Vendor for recovery collection on such Charged-off Loans.

Appears in 1 contract

Sources: Subservicing Agreement (Essex Bancorp Inc /New)

Delinquency Control. The Seller shall, in accordance with and subject to Applicable Requirements, including without limitation the applicable Servicing Agreement: (a) Maintain a Subject to the Servicing Standard, the Loan and Note Servicer shall be responsible for protecting the Company’s interest in the Borrower Loans by dealing effectively with Borrowers who are delinquent mortgage or in default. The Loan and Note Servicer’s Delinquent Loan servicing program that shall include an adequate accounting system that indicates will immediately and positively indicate the existence of Delinquent Mortgage Loans, a procedure that provides for sending delinquent notices, notices and assessing late charges, and returning inadequate payments, and a procedure for the individual analysis of distressed or chronically delinquent Mortgage Borrower Loans;. 1 Cross-reference needs to be confirmed once Indenture is finalized. (b) Maintain The Loan and Note Servicer shall provide the Company with a month-end collection department and an on‑line automated collection system delinquency report identifying any Delinquent Loans, and, from time to time as the need may arise, provide the Company with Borrower Loan service reports relating to any items of information that complies in all material respects with Applicable Requirements the Loan and Note Servicer is otherwise required to provide hereunder, or detailing any matters the Servicing Procedures;Loan and Note Servicer believes should be brought to the special attention of the Company. (c) Conduct property inspections with respect Without limitation to defaulted Mortgage Loans and REO Properties in accordance with Applicable RequirementsSection 5.5 or Section 5.6(a), including without limitation the terms of the applicable Servicing Agreement and but subject to the Servicing Procedures. (d) In accordance with Applicable Requirements, administer the foreclosure or other acquisition of the Mortgaged Property relating to any Mortgage Loan in the name of the applicable Investor, process claims for any applicable insurance and until the transfer of such Mortgaged Property to the Investor or a private mortgage Insurer, if applicable, protect such property from waste and vandalism. In no event shall the Seller have title to a Mortgaged Property conveyed in the name of any Purchaser. (e) The Seller shall take appropriate measures to ensure, on an ongoing basisStandard, the accuracy of all documents filed or otherwise utilized by the Seller or its Vendors, Off-shore Vendors and/or Default Firms in any judicial or non-judicial foreclosure proceeding, related bankruptcy proceeding or in other foreclosure-related litigation, including but not limited to, documentation sufficient Loan and Note Servicer shall have sole discretion to establish ownership of the Mortgage Loan by the related Investor and the right to foreclose at the time the foreclosure action is commenced in the name of the Investor. The Seller shall be required to maintain, and to cause its Vendors, Off-shore Vendors and Default Firms to maintain, current and accurate records relating to any foreclosure or related bankruptcy proceedings or related litigation, with a clear auditable trail of documentation capable of validating foreclosure that the Seller has produced, or has received from a prior servicer, and shall cause its Vendors, Off-shore Vendors and Default Firms to do the same. In connection with any foreclosure proceeding, the Seller shall handle such foreclosure proceedings in the name of the Investor, unless otherwise set forth pursuant to the Applicable Requirements, and the Seller shall comply with all Applicable Requirements; provided that, in no event shall the Seller determine (i) foreclose on the related Mortgaged Property in the name timing and content of any Purchaser or communications sent to delinquent Borrowers, and (ii) have title when and whether to (A) refer a Delinquent Loan for collection and engage or retain a collection agency on behalf of the Mortgaged Property conveyed Company to collect on such Delinquent Loan (any such engagement or retainer to be at the Company’s expense), (B) initiate legal action to collect a Delinquent Loan (any such legal action to be at the Company’s expense), (C) sell a Delinquent Loan to a third party, (D) accelerate the maturity of a Delinquent Loan that is at least 30 days past due, and/or (E) write off a Delinquent Loan or any portion thereof. The Loan and Note Servicer shall be authorized to select and engage on the Company’s behalf any collection agency to which any Delinquent Loan is referred and to determine the amount of its compensation (which shall not, however, exceed 40% of the amount of collections obtained, in addition to any legal fees incurred in the name of any Purchaser. collection effort, except as the Company may otherwise approve in writing). The Company acknowledges and agrees that the Loan and Note Servicer shall be deemed to have undertaken commercially reasonable servicing and collection efforts if it refers a Delinquent Loan to a collection agency with five Business Days after such Borrower Loan first became thirty days past due. The Company further acknowledges and agrees that the Loan and Note Servicer will write off Borrower Loans that are 120 days past due (fand may also write off Delinquent Loans that are less than 120 days (but at least 31 days) With respect to any second lien Mortgage Loan, past due if the Seller is notified that any superior lienholder has accelerated or intends to accelerate the obligations secured by the Superior Lien, or has declared or intends to declare a default under the mortgage or the promissory note secured thereby, or has filed or intends to file an election to have the Mortgaged Property sold or foreclosed, the Seller shall take, whatever actions are necessary to protect the interests of the Investor consistent with Applicable Requirements; provided that Loan and Note Servicer deems such expense is treated as a reimbursable advance from the Investoraction appropriate). (g) The Seller shall comply with the Applicable Requirements, including without limitation the applicable Servicing Agreement, and the Servicing Procedures in connection with procedures and requirements relating to Charged-off Loans and shall include in its monthly reporting to the Purchasers when any such Mortgage Loans become Charged-off Loans. The parties agree that Seller may combine any such reporting with the reporting provided to an NRZ O/S Entity under Section 2.9(g) of an NRZ Subservicing Agreement. Unless otherwise required under Applicable Requirements, the Seller shall not make any Servicing Advances or P&I Advances with respect to Charged-off Loans and shall not be entitled to any Servicing Fees or other compensation with respect to Charged-off Loans. To the extent consistent with Seller’s Servicing Procedures and in accordance with Section 2.4, Seller may utilize a Vendor for recovery collection on such Charged-off Loans.

Appears in 1 contract

Sources: Administration Agreement (Prosper Funding LLC)