Common use of Missing Document Report Clause in Contracts

Missing Document Report. In addition to the Monthly Report, Servicer shall provide to Owner a report (the "Missing Document Report") with respect to a Loan within forty-five (45) days after -the related Transfer Date, which Missing Document Report shall include a listing (to Servicer's current, actual knowledge) with respect to each Loan and REO Property of all missing documents reasonably necessary to service such Loan or REO Property. For the purposes of this Section 6.5, the phrase "to Servicer's current, actual knowledge" shall mean that Servicer shall be responsible for examining the Servicing File presented to Servicer by Owner or the Current Servicer and verifying that each such Servicing File contains Loan Documents customary for the type of Loan; Servicer shall have no responsibility for determining whether there are particular missing documents if the documents presented to Servicer do not disclose the existence of such missing document. Owner shall cure, or shall cause the Current Servicer to cure, any such deficiencies as soon as reasonably possible following receipt of the Missing Document Report. After Servicer has delivered to Owner the notice referred to in this Section 6.5, regarding missing documents, Servicer shall not be responsible for any failure to perform any action related to such Loan to the extent Servicer is impaired by the absence of such material document(s). Moreover, if Owner has not cured any document deficiency within 30 days following receipt of the Missing Document Report, and such document is reasonably necessary to service such Loan or REO Property, then Servicer may, but is not obligated to, cure such deficiency. All out-of-pocket expenses incurred by Servicer in connection with such cure shall be billed to, and paid by, Owner pursuant to Section 6.4.

Appears in 2 contracts

Samples: Residential Flow Servicing Agreement (Structured Ass Sec Cor a R Col Tr MRT Ps THR CRT Ser 01-Bc6), Reconstituted Servicing Agreement (Structured Asset Securities Corp Mort Pas THR Ce Se 2001-Bc3)

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Missing Document Report. In addition to the Monthly Report, if the Servicing Files were delivered to Servicer through an index image platform, Servicer shall provide to Owner a report (the "Missing Document Report") with respect to a Mortgage Loan within forty-five (45) days after -the the related Transfer Date, which Missing Document Report shall include a listing (to Servicer's ’s current, actual knowledge) with respect to each Mortgage Loan and REO Property of all documents missing documents from the Servicing File reasonably necessary to service such Mortgage Loan or REO Property. If the Servicing Files were not transferred to Servicer through an index image platform, Servicer shall provide the Missing Document Report to Owner as soon thereafter as reasonably possible. For the purposes of this Section 6.56.05, the phrase "to Servicer's ’s current, actual knowledge" shall mean that Servicer shall be responsible for examining the Servicing File presented to Servicer by Owner or the Current Prior Servicer and verifying that each such Servicing File contains Mortgage Loan Documents customary for the type of Mortgage Loan; Servicer shall have no responsibility for determining whether there are particular missing documents if the documents presented to Servicer do not disclose the existence of such missing document. Owner shall cure, or shall cause the Current Prior Servicer to curecure at Owner’s expense, any such deficiencies as soon as reasonably possible following receipt of the Missing Document Report. After Servicer has delivered to Owner the notice referred to in this Section 6.56.05, regarding missing documents, Servicer shall not be responsible for any failure to perform any action related to such Mortgage Loan to the extent Servicer is impaired by the absence of such material document(s). Moreover, if Owner has not cured any document deficiency within 30 thirty (30) days following receipt of the Missing Document Report, and such document is reasonably necessary to service such Mortgage Loan or REO Property, then Servicer may, but is not obligated to, cure such deficiency. All out-of-pocket expenses incurred by the Servicer in connection with such cure shall be billed to, and paid by, Owner pursuant to Section 6.4.constitute Servicing Advances. Flow Special Servicing Agreement

Appears in 1 contract

Samples: Flow Special Servicing Agreement (American Homeowner Preservation 2015A LLC)

Missing Document Report. In addition to the Monthly Report, Interim Servicer shall provide to Owner a report (the "Missing Document Report") with respect to a Loan within forty-five (45) days after -the the related Transfer Date, which Missing Document Report shall include a listing (to Interim Servicer's then current, actual knowledge) with respect to each Loan and REO Property of all missing documents reasonably necessary to service such Loan or REO Property. The Interim Servicer shall deliver a Missing Document Report to the Owner at the end of each calendar quarter with respect to each Loan and REO Property subject to this Agreement. For the purposes of this Section 6.5, the phrase "to Interim Servicer's then current, actual knowledge" shall mean that Interim Servicer shall be responsible for examining the Servicing File presented to Interim Servicer by Owner or the Current Servicer and verifying that each such Servicing File contains Loan Documents customary for the type of Loan; Interim Servicer shall have no responsibility for determining whether there are particular missing documents if the documents presented to Interim Servicer do not disclose the existence of such missing document. Owner shall cure, or shall cause the Current Servicer to cure, any such deficiencies as soon as reasonably possible following receipt of the Missing Document Report. After Interim Servicer has delivered to Owner the notice referred to in this Section 6.5, regarding missing documents, Interim Servicer shall not be responsible for any failure to perform any action related to such Loan to the extent Interim Servicer is impaired by the absence of such material document(s). Moreover, if Owner has not cured any document deficiency within 30 days following receipt of the Missing Document Report, and such document is reasonably necessary to service such Loan or REO Property, then Interim Servicer may, but is not obligated to, cure such deficiency. All out-of-pocket expenses incurred by Interim Servicer in connection with such cure shall be billed to, and paid by, Owner pursuant to Section 6.4constitute Servicing Advances.

Appears in 1 contract

Samples: Servicing and Servicing Rights Purchase Agreement (New Century Financial Corp)

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Missing Document Report. In addition to the Monthly Report, if the Servicing Files were delivered to Servicer through an index image platform, Servicer shall provide to Owner a report (the "Missing Document Report") with respect to a Mortgage Loan within forty-five (45) days after -the the related Transfer Date, which Missing Document Report shall include a listing (to Servicer's ’s current, actual knowledge) with respect to each Mortgage Loan and REO Property of all documents missing documents from the Servicing File reasonably necessary to service such Mortgage Loan or REO Property. If the Servicing Files were not transferred to Servicer through an index image platform, Servicer shall provide the Missing Document Report to Owner as soon thereafter as reasonably possible. For the purposes of this Section 6.56.05, the phrase "to Servicer's ’s current, actual knowledge" shall mean that Servicer shall be responsible for examining the Servicing File presented to Servicer by Owner or the Current Prior Servicer and verifying that each such Servicing File contains Mortgage Loan Documents customary for the type of Mortgage Loan; Servicer shall have no responsibility for determining whether there are particular missing documents if the documents presented to Servicer do not disclose the existence of such missing document. Owner shall cure, or shall cause the Current Prior Servicer to curecure at Owner’s expense, any such deficiencies as soon as reasonably possible following receipt of the Missing Document Report. After Servicer has delivered deliver to Owner the notice referred to in this Section 6.56.05, regarding missing documents, Servicer shall not be responsible for any failure to perform any action related to such Mortgage Loan to the extent Servicer is impaired by the absence of such material document(s). Moreover, if Owner has not mot cured any document deficiency within 30 thirty (30) days following receipt of the Missing Document Report, and such document is reasonably necessary to service such Mortgage Loan or REO Property, then Servicer may, but is not obligated to, cure such deficiency. All out-of-pocket expenses incurred by the Servicer in connection with such cure shall be billed to, and paid by, Owner pursuant to Section 6.4constitute Servicing Advances.

Appears in 1 contract

Samples: Flow Special Servicing Agreement (Money With Meaning Fund, LLC)

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