Common use of Servicing Transfer Date Clause in Contracts

Servicing Transfer Date. On the Servicing Transfer Date, the Seller shall comply with the Servicing Transfer Procedures and deliver to the Purchaser the Mortgage Files and any other Mortgage Loan Documents or servicing-related documents in the Seller’s possession for each related Mortgage Loan. With respect to the mechanics of Mortgage Loan servicing transfer, to the extent any provision of this Agreement conflicts with any provision of the Servicing Transfer Procedures, the provisions set forth in the Agreement shall control. As further described in Section 4.08, any fees and expenses incurred by or on behalf of the Seller in transferring the Mortgage Files and such other documents to the Purchaser shall be the obligation of the Seller. With respect to each Mortgage Loan, the Seller shall cause all funds in any Escrow Account, Distribution Account or Collection Clearing Account to be transferred to the Purchaser no later than the second (2nd) Business Day following the Servicing Transfer Date. Subject to the terms and conditions of this Agreement and unless another standard of effort is expressly set forth in this Agreement or in the Servicing Transfer Procedures, the parties shall cooperate in good faith with each other and use their respective commercially reasonable efforts to accomplish the transfer of the Servicing Rights in accordance with the Servicing Transfer Procedures on the Servicing Transfer Date. In addition to any documents and files to be delivered by the Seller to the Purchaser pursuant to the Servicing Transfer Procedures, no later than the Servicing Transfer Date or such other date specified, the Seller shall deliver to the Purchaser the following items or take the following actions, as applicable: (a) Seller shall have paid, performed or discharged all of its liabilities and obligations accruing before the Servicing Transfer Date relating to the Servicing Rights, including any repurchase and indemnity obligation pursuant to the applicable Third Party Servicing Agreement and/or Investor Guidelines, that are unpaid or unfulfilled as of such date (except for (i) the Recourse Obligations with respect to the Tagged Loans and (ii) liabilities or obligations with respect to payments to be made by a servicer on behalf of Borrowers, such as property taxes and insurance, that are not due and payable until after the Servicing Transfer Date). (b) At least forty-five (45) days prior to the Servicing Transfer Date, the Seller shall have provided to the Purchaser records as may be reasonably requested by the Purchaser for the Purchaser to review the investor accounting status of the Mortgage Loans; such records shall include, but, shall not be limited to, the monthly Investor remittance reports for at least the previous six (6) months. (c) The Seller shall have furnished the Purchaser with the following additional information and documents not later than the Servicing Transfer Date, except where otherwise specified: (1) Reserved; (2) Reserved; (3) Trial balances and pool to investor security reconciliations for each Pool for each month for at least the last six (6) months as reasonably available and to the extent reasonably necessary to and requested by the Purchaser, through the Servicing Transfer Date; (4) No later than fifteen (15) days after the Servicing Transfer Date, complete principal and interest, property tax, and insurance bank account analysis and reconciliations as of the Servicing Transfer Date; (5) The loan analysis (including tax and interest statement) for each Mortgage Loan to the extent such loan analysis is reasonably necessary to and requested by the Purchaser; (6) Foreclosure and bankruptcy files and collection records, including collection cards, default letters, demand letters, payment plans and other forbearance agreements, and property inspections for each Mortgage Loan as required by the applicable Investor Guidelines, which may be delivered in electronic format agreed to by the Seller and the Purchaser; (7) A copy of any available Custodial File certification executed by the related Trustee or Custodian on each Pool or, if such certification is not available, a status report on a loan-by-loan basis, listing such missing documentation; (8) Reserved; (9) Seller shall have corrected any material errors or deficiencies in any of the Mortgage Loans or related loan documentation. This obligation will survive the Servicing Transfer Date and as such, Seller shall, after such date, at the request of Purchaser, make its best efforts and diligently pursue the correction of any material errors or deficiencies in any of the Mortgage Loans that remained in existence as of the Servicing Transfer Date. For purposes of this provision, “material” shall refer to errors or deficiencies which are required to be corrected by the Investors. Purchaser shall reasonably cooperate in good faith with Seller in connection with any such effort; and (10) On or before the Servicing Transfer Date, Seller shall correct and fund all cash and collateral deficiencies with respect to the custodial accounts as required by the Servicing Requirements or Investors Guidelines, except to the extent such deficiencies constitute Advance Receivables. (d) All records delivered or transferred to the Purchaser shall be clearly identified in the Seller’s loan number order. All boxes shall be sequentially labeled and contain a complete listing of Mortgage Files therein. The Seller shall provide the Purchaser a summary schedule reflecting Mortgage Files therein and exceptions thereto and the Purchaser shall sign and return one copy of the summary schedule. (e) No later than five (5) Business Days after the Servicing Transfer Date, a copy of the Seller’s delinquency report showing the due date of the Monthly Payment and the paid-to date as of the Servicing Transfer Date. (f) No later than five (5) Business Days after the Servicing Transfer Date, a copy of loan payment history and escrow analysis for each Mortgage Loan. (g) No later than ten (10) Business Days after the Servicing Transfer Date, the Seller’s certification that either (1) with respect to Mortgage Loans as to which the Seller maintains escrows for such items, all Insurance Policy premiums have been paid on all Mortgaged Properties which premiums are due before the Servicing Transfer Date, as requested by the Purchaser or (2) the Seller has received no notice of delinquent premium payments. (h) At least fifteen (15) days prior to the Servicing Transfer Date, copies of notifications prepared by the Seller, in duplicate, addressed to each of the related insurance companies requesting endorsements to the mortgagee clause to the Purchaser. (i) Fifteen (15) days prior to the Servicing Transfer Date, a preliminary list of all related Mortgage Loans that are on an automatic clearing house program, including, loan number, withdrawal amount, withdrawal date, account number, and all other similar information; and, at Servicing Transfer Date, a final list of all related Mortgage Loans that are on an automatic clearing house program, including, loan number, withdrawal amount, withdrawal date, account number, and all other similar information, updated as of Closing Date.

Appears in 1 contract

Sources: Servicing Rights Purchase and Transfer Agreement (R&g Financial Corp)

Servicing Transfer Date. On the Servicing Transfer Date, the Seller shall comply with the Servicing Transfer Procedures and deliver to the Purchaser Servicer the Mortgage Files File and any other Mortgage Loan Documents documents or servicing-related documents in the Seller’s possession for each related Mortgage Loan. With respect to the mechanics of Mortgage Loan servicing transfer, to the extent any provision of this Agreement conflicts with any provision of the Servicing Transfer Procedures, the provisions set forth in the this Agreement shall control. As further described in Section 4.08, any fees and expenses incurred by or on behalf of the Seller in transferring the Mortgage Files and such other documents to the Purchaser shall be the obligation of the Seller. With respect to each Mortgage Loan, the Seller shall cause all funds in any Escrow Account, Distribution Account or Collection Clearing Account to be transferred to the Purchaser no later than the second fifth (2nd5th) Business Day day following the Servicing Transfer Date. Subject to the terms and conditions of this Agreement and unless another standard of effort is expressly set forth in this Agreement or in the Servicing Transfer Procedures, the parties shall cooperate in good faith with each other and use their respective commercially reasonable efforts to accomplish the transfer of the Servicing Rights in accordance with the Servicing Transfer Procedures on the Servicing Transfer Date. In addition to any documents and files to be delivered by the Seller to the Purchaser pursuant to the Servicing Transfer Procedures, no later than the Servicing Transfer Date or such other date specified, the Seller shall deliver to the Purchaser the following items or take the following actions, as applicable: (a) In the event that the Closing Date is delayed, the Purchaser shall service the Mortgage Loans on an interim basis as sub-servicer for the Seller in accordance with (i) a mutually satisfactory sub-servicing agreement, to be executed between the Seller and the Purchaser, which agreement shall include mutual indemnification provisions including, without limitation, in connection with such servicing, and (ii) the Servicing Requirements, including, among other things, the making of and reimbursement for any required Advances and Servicing Advances under such sub-servicing agreement; provided, however, that the Servicing Rights shall not be transferred to the Purchaser until the Closing Date, and unless until the Closing Date occurs, the Seller shall have paid, performed or discharged all retain ownership of its liabilities and obligations accruing before the Servicing Transfer Date relating to the Servicing Rights. In addition, including any repurchase and indemnity obligation pursuant to during such servicing period, the applicable Third Party Servicing Agreement and/or Investor Guidelines, that are unpaid or unfulfilled as of such date (except for (i) the Recourse Obligations Purchaser shall assume no liabilities with respect to the Tagged related Mortgage Loans other than those described in the sub-servicing agreement. If the Closing Date does not occur on or before November 15, 2007, the Purchaser shall cooperate with the Seller in taking all steps needed to allow the Seller or its designee to resume servicing of the Mortgage Loans in a timely manner, including, but not limited to, the transfer to the Seller of the Mortgage Files and (ii) liabilities other documents transferred to the Purchaser under Section 4.02 below, and the sending of “hello” and “goodbye” letters to the Borrowers. The Seller and the Purchaser acknowledge that until the earlier of the Closing Date or obligations November 15, 2007, all funds received by the Seller in connection with respect to payments the Mortgage Loans, including, but not limited to, tax, insurance, principal, interest and all other types of payments, including, without limitation, mortgage guaranty or mortgage insurance payments, insurance loss drafts and tax refunds, are to be made by a servicer on behalf of Borrowers, such as property taxes and insurance, that are not due and payable until after immediately paid over to the Servicing Transfer Date)Purchaser without offset or deduction. (b) At least forty-five (455) days prior to the Servicing Transfer Date, the Seller shall have provided to the Purchaser records as may be reasonably requested by the Purchaser for the Purchaser to review the investor accounting status of the Mortgage Loans; such records shall include, but, shall not be limited to, the monthly Investor Trustee remittance reports for at least the previous six (6) months. (c) The Seller shall have furnished the Purchaser with the following additional information and documents not later than the Servicing Transfer Date, except where otherwise specified: (1) ReservedA reconciliation of all Escrow Account balances and the remittance of the remaining balances held therein as soon as possible after the reconciliation has been completed, and in any event no later than five (5) Business Days after the Servicing Transfer Date; (2) ReservedThe Mortgage File for each Mortgage Loan, including imaged versions of the documents therein, where available; (3) Trial balances and pool to investor security reconciliations for each Pool for each month for at least the last six (6) months as reasonably available and to the extent reasonably necessary to and requested by the Purchaser, through the Servicing Transfer Date; (4) No later than fifteen thirty (1530) days after the Servicing Transfer Date, complete principal and interest, property tax, and insurance bank account analysis and reconciliations as of the Servicing Transfer Date; (5) The loan analysis (including tax and interest statement) for each Mortgage Loan to the extent such loan analysis is reasonably necessary to and requested by the Purchaser; (6) Foreclosure and bankruptcy files and collection records, including collection cards, default letters, demand letters, payment plans and other forbearance agreements, and property inspections for each Mortgage Loan as required by the applicable Investor GuidelinesServicing Requirements, which may be delivered in electronic format agreed to by the Seller and the Purchaser; (7) A copy of any available Custodial File certification executed by the related Trustee or Custodian on each Pool or, if such certification is not available, a status report on a loan-by-loan basis, listing such missing documentation; (8) Reserved; (9) Seller shall have corrected any material errors or deficiencies in any of the Mortgage Loans or related loan documentation. This obligation will survive the Servicing Transfer Date and as such, Seller shall, after such date, at the request of Purchaser, make its best efforts and diligently pursue the correction of any material errors or deficiencies in any of the Mortgage Loans that remained in existence as of the Servicing Transfer Date. For purposes of this provision, “material” shall refer to errors or deficiencies which are required to be corrected by the Investors. Purchaser shall reasonably cooperate in good faith with Seller in connection with any such effort; and (10) On or before 8) Information necessary in order to allow the Servicing Transfer Date, Seller shall correct Purchaser break out information relating to consumer purpose and fund all cash and collateral deficiencies with respect to the custodial accounts business purpose Mortgage Loans as may be required by the Servicing Requirements or Investors Guidelines, except to the extent such deficiencies constitute Advance ReceivablesAmended and Restated Securitization Agreements. (d) All records delivered or transferred to the Purchaser shall be organized by Pool and clearly identified in the Seller’s loan number order. All boxes shall be sequentially labeled and contain a complete listing of Mortgage Files therein. The Seller shall provide the Purchaser a summary schedule reflecting Mortgage Files therein and exceptions thereto and the Purchaser shall sign and return one copy of the summary schedule. (e) No later than five (5) Business Days after the Servicing Transfer Date, a copy of the Seller’s delinquency report showing the due date of the Monthly Payment and the paid-to date as of the Servicing Transfer Date. (f) No later than five (5) Business Days after the Servicing Transfer Date, a copy of loan payment history and escrow analysis for each Mortgage LoanLoan in a format acceptable to the Purchaser. (g) No later than ten (10) Business Days after the Servicing Transfer Date, the Seller’s certification that either (1) with respect to Mortgage Loans as to which the Seller maintains escrows for such items, all Insurance Policy premiums have been paid on all Mortgaged Properties which premiums are due or will become due within thirty (30) days before or after the Servicing Transfer Date, as requested by the Purchaser or (2) the Seller has received no notice of delinquent premium payments. (h) At least fifteen (15) days prior to the Servicing Transfer Date, copies of notifications prepared by the Seller, in duplicate, addressed to each of the related insurance companies requesting endorsements to the mortgagee clause to the Purchaser. (i) Fifteen (15) days prior to On or before the Servicing Transfer Date, a preliminary list of all related Mortgage Loans that are on an automatic clearing house program, including, loan including loans number, withdrawal amount, withdrawal date, account number, and all other similar information; and. (j) On or before the Servicing Transfer Date, at all unexpired payoff quotes including date of quote, amount of quote and all other relevant information. (k) On or before the Servicing Transfer Date, a final list of all related Mortgage Loans that are on an automatic clearing house programwith open or pending disputes, including, including loan number, withdrawal amount, withdrawal date, account number, number and all other similar information, updated as information in respect of Closing Datesuch dispute.

Appears in 1 contract

Sources: Servicing Rights Transfer Agreement (Novastar Financial Inc)

Servicing Transfer Date. On With respect to each Mortgage Loan for which the related Servicing Transfer DateRights are to be transferred to the Purchaser hereunder, the Seller shall comply with the Servicing Transfer Procedures and deliver to the Purchaser Servicer the Mortgage Files File and any other Mortgage Loan Documents documents or servicing-related documents in the Seller’s 's possession for each related Mortgage LoanLoan on or prior to the Servicing Transfer Date. With respect to the mechanics of Mortgage Loan boarding and servicing transfer, to the extent any provision of this Agreement conflicts with any provision of the Servicing Transfer Procedures, the provisions set forth in the this Agreement shall control. As further described in Section 4.08, any fees and expenses incurred by or on behalf of the Seller in transferring the Mortgage Files and such other documents to the Purchaser shall be the obligation of the Seller. With respect to each Mortgage Loan, the Seller shall cause all funds in any Escrow Account, Distribution Account or Collection Clearing Account to be transferred to the Purchaser no later than the second fifth (2nd5th) Business Day day following the Servicing Transfer Date. Subject On or prior to boarding, the Seller shall provide written notice to the terms and conditions Purchaser identifying each Mortgage Loan which is not subject to a fully assignable life-of-loan tax service contract issued by a tax service contract provider listed on EXHIBIT 13 attached hereto. In the event that the Seller fails to provide such notice to the Purchaser or if any Mortgage Loan is not subject to a fully assignable life-of-loan tax service contract issued by a tax service contract provider listed on EXHIBIT 13 attached hereto which is assignable to the Purchaser or any subsequent servicer without the payment of this Agreement and unless another standard of effort is expressly set forth in this Agreement any cost or in the Servicing Transfer Proceduresfee, the parties Purchaser shall cooperate in good faith with each other and use their respective commercially reasonable efforts acquire a tax service contract for any such Mortgage Loan at a cost equal to accomplish no more than $71 per Mortgage Loan. The cost of obtaining such tax service contracts shall be deducted from amounts paid to the transfer Seller by the Purchaser on the Closing Date or from the portion of the Servicing Rights Purchase Price held in accordance with the Servicing Transfer Procedures on the Servicing Transfer Dateescrow pursuant to Section 2.02. In addition to any documents and files to be delivered by the Seller to the Purchaser pursuant to the Servicing Transfer Procedures, no later than the Servicing Transfer Date or such other date specified, the Seller shall deliver to the Purchaser the following items or take the following actions, as applicable: (a) Seller shall have paid, performed or discharged all of its liabilities and obligations accruing before the Servicing Transfer Date relating An acknowledgment reasonably acceptable to the Servicing Rights, including Purchaser of any repurchase sub-servicer that the sub-servicer has been terminated as servicer and indemnity obligation pursuant to the applicable Third Party Servicing Agreement and/or Investor Guidelines, that all costs associated with such termination have been paid with such exceptions as are unpaid or unfulfilled as of such date (except for (i) the Recourse Obligations with respect to the Tagged Loans and (ii) liabilities or obligations with respect to payments to be made by a servicer on behalf of Borrowers, such as property taxes and insurance, that are not due and payable until after the Servicing Transfer Date)otherwise permitted herein. (b) At The Seller shall provide to the Purchaser at least forty-five fifteen (4515) days prior to the Servicing Transfer Date, the Seller shall have provided to the Purchaser records as may be reasonably requested by the Purchaser for the Purchaser to review the investor accounting status of the Mortgage Loans; such records shall include, but, shall not be limited to, the monthly Investor Trustee remittance reports for at least the previous six (6) months. (c) The Seller shall have furnished the Purchaser with the following additional information and documents not later than the Servicing Transfer Date, except where otherwise specified: (1) ReservedThe Seller shall reconcile all Escrow Account balances and shall remit the remaining balances held therein as soon as possible after a reconciliation has been completed, and in any event no later than five (5) Business Days after the Servicing Transfer Date; (2) ReservedThe Mortgage File for each Mortgage Loan, including imaged versions of the documents therein, where available; (3) Trial balances and pool to investor security reconciliations for each Pool for each month for at least the last six (6) months as reasonably available and to the extent reasonably necessary to and requested by the Purchaser, through the Servicing Transfer Date; (4) No later than fifteen (15) days after the Servicing Transfer Date, complete Complete principal and interest, property tax, and insurance bank account analysis and reconciliations as of the Servicing Transfer Date; (5) The loan analysis (including tax and interest statement) for each Mortgage Loan to the extent such loan analysis is reasonably necessary to and requested by the Purchaser; (6) Foreclosure and bankruptcy files and collection records, including collection cards, default letters, demand letters, payment plans and other forbearance agreements, and property inspections for each Mortgage Loan as required by the applicable Investor GuidelinesServicing Requirements, which may be delivered in electronic format agreed to by the Seller and the Purchaser; (7) A The Seller shall deliver to the Purchaser a copy of any available Custodial File certification executed by the related Trustee or Custodian on each Pool or, if such certification is not available, the Seller shall deliver to the Purchaser a status report on a loan-by-loan basis, listing such missing documentation; (8) Reserved; (9) Seller shall have corrected any material errors or deficiencies in any of the Mortgage Loans or related loan documentation. This obligation will survive the Servicing Transfer Date and as such, Seller shall, after such date, at the request of Purchaser, make its best efforts and diligently pursue the correction of any material errors or deficiencies in any of the Mortgage Loans that remained in existence as of the Servicing Transfer Date. For purposes of this provision, “material” shall refer to errors or deficiencies which are required to be corrected by the Investors. Purchaser shall reasonably cooperate in good faith with Seller in connection with any such effort; and (10) On or before the Servicing Transfer Date, 8) The Seller shall correct and fund all cash and collateral deficiencies with respect provide to the custodial accounts Purchaser information necessary for the Purchaser to provide break-outs to consumer purpose and business purpose Mortgage Loans as required by the Servicing Requirements or Investors Guidelines, except to the extent such deficiencies constitute Advance ReceivablesAmended and Restated Securitization Agreements. (d) All records delivered or transferred to the Purchaser shall be organized by Pool and clearly identified in the Seller’s 's loan number order. All boxes shall be sequentially labeled and contain a complete listing of Mortgage Files therein. The Seller shall provide the Purchaser a summary schedule reflecting Mortgage Files therein and exceptions thereto and the Purchaser shall sign and return one copy of the summary schedule. (e) No later than five (5) Business Days after the Servicing Transfer Date, a copy of the Seller’s 's delinquency report showing the due date of the Monthly Payment and the paid-to date as of the such Servicing Transfer Date. (f) No later than five (5) Business Days after the Servicing Transfer Date, a copy of loan payment history and escrow analysis for each Mortgage LoanLoan in a format acceptable to the Purchaser. (g) No later than ten (10) Business Days after the Servicing Transfer Date, the Seller’s 's certification that either (1) with respect to Mortgage Loans as to which the Seller maintains escrows for such items, all Insurance Policy premiums have been paid on all Mortgaged Properties which premiums are due or will become due within thirty (30) days before or after the Servicing Transfer Date, as requested by the Purchaser or (2) the Seller has received no notice of delinquent premium payments. (h) At least fifteen (15) days prior to the Servicing Transfer Date, copies of notifications prepared by the Seller, in duplicate, addressed to each of the related insurance companies requesting endorsements to the mortgagee clause to the Purchaser. (i) Fifteen (15) days prior to On or before the Servicing Transfer Date, a preliminary list of all related Mortgage Loans that are on an automatic clearing house program, including, loan including loans number, withdrawal amount, withdrawal date, account number, and all other similar information; and. (j) On or before the related Servicing Transfer Date, at all unexpired payoff quotes including date of quote, amount of quote and all other relevant information. (k) On of before the related Servicing Transfer Date, a final list of all related Mortgage Loans that are on an automatic clearing house programwith open or pending disputes, including, including loan number, withdrawal amount, withdrawal date, account number, number and all other similar information, updated as information in respect of Closing Datesuch dispute.

Appears in 1 contract

Sources: Servicing Rights Transfer Agreement (American Business Financial Services Inc /De/)

Servicing Transfer Date. On the Servicing Transfer Date, the (x) Seller shall comply with cease to be the Servicing Transfer Procedures and deliver to the Purchaser the Mortgage Files and any other Mortgage Loan Documents or servicing-related documents Servicer in the Seller’s possession for each related Mortgage Loan. With respect to the mechanics of Mortgage Loan servicing transfer, to the extent any provision of this Agreement conflicts with any provision of the Servicing Transfer Procedures, the provisions applicable Mortgage Loans as set forth in the Agreement shall control. As further described in Section 4.08, any fees on Schedule 3.02(a) and expenses incurred by or on behalf of the Seller in transferring the Mortgage Files and such other documents to the Purchaser shall be the obligation of the Seller. With respect to each Mortgage Loan, the Seller shall cause all funds in any Escrow Account, Distribution Account or Collection Clearing Account to be transferred to the Purchaser no later than the second (2ndy) Business Day following the Servicing Transfer Date. Subject to the terms and conditions of this Agreement and unless another standard of effort is expressly set forth in this Agreement or in the Servicing Transfer Procedures, the parties shall cooperate in good faith with each other and use their respective commercially reasonable efforts to accomplish the transfer of the Servicing Rights in accordance with the Servicing Transfer Procedures thereof to Purchaser shall occur on the Servicing Transfer Date. In addition books and records of the Investor; provided, however, that in the case of both clauses (x) and (y), with respect to any documents and files to be delivered by the Seller to the Purchaser Mortgage Loans that are serviced pursuant to the Servicing Transfer ProceduresAgreement, no later than only to the extent that the Servicing Agreement Consent is in full force and effect on such date. Within three (3) Business Days after the Servicing Transfer Date or such other date specifiedearlier period provided below, the Seller shall deliver provide or cause to the Purchaser the following items or take the following actionsbe provided to Purchaser, as applicable: (at) Seller shall have paidOne or more readable tapes or electronic data files, performed or discharged all of its liabilities in a form and obligations accruing before the Servicing Transfer Date relating to the Servicing Rightscontent as mutually agreed, including any repurchase and indemnity obligation pursuant to the applicable Third Party Servicing Agreement and/or Investor Guidelines, that are unpaid or unfulfilled as of such date (except for (i) the Recourse Obligations with respect to the Tagged Loans and (ii) liabilities or obligations with respect to payments to be made by a servicer on behalf of Borrowers, such as property taxes and insurance, that are not due and payable until after the Servicing Transfer Date). (b) At least forty-five (45) days prior to the Servicing Transfer Date, the Seller shall have provided to the Purchaser records as may be reasonably requested by the Purchaser for the Purchaser to review the investor accounting status of the Mortgage Loans; such records shall include, but, shall not be limited to, the monthly Investor remittance reports for at least the previous six (6) months. (c) The Seller shall have furnished the Purchaser with the following additional information and documents not later than the Servicing Transfer Date, except where otherwise specified: (1) Reserved; within two (2) Reserved; (3) Trial balances and pool to investor security reconciliations for each Pool for each month for at least the last six (6) months as reasonably available and to the extent reasonably necessary to and requested by the Purchaser, through the Servicing Transfer Date; (4) No later than fifteen (15) days after the Servicing Transfer Date, complete principal and interest, property tax, and insurance bank account analysis and reconciliations as of the Servicing Transfer Date; (5) The loan analysis (including tax and interest statement) for each Mortgage Loan to the extent such loan analysis is reasonably necessary to and requested by the Purchaser; (6) Foreclosure and bankruptcy files and collection records, including collection cards, default letters, demand letters, payment plans and other forbearance agreements, and property inspections for each Mortgage Loan as required by the applicable Investor Guidelines, which may be delivered in electronic format agreed to by the Seller and the Purchaser; (7) A copy of any available Custodial File certification executed by the related Trustee or Custodian on each Pool or, if such certification is not available, a status report on a loan-by-loan basis, listing such missing documentation; (8) Reserved; (9) Seller shall have corrected any material errors or deficiencies in any of the Mortgage Loans or related loan documentation. This obligation will survive the Servicing Transfer Date and as such, Seller shall, after such date, at the request of Purchaser, make its best efforts and diligently pursue the correction of any material errors or deficiencies in any of the Mortgage Loans that remained in existence as of the Servicing Transfer Date. For purposes of this provision, “material” shall refer to errors or deficiencies which are required to be corrected by the Investors. Purchaser shall reasonably cooperate in good faith with Seller in connection with any such effort; and (10) On or before the Servicing Transfer Date, Seller shall correct and fund all cash and collateral deficiencies with respect to the custodial accounts as required by the Servicing Requirements or Investors Guidelines, except to the extent such deficiencies constitute Advance Receivables. (d) All records delivered or transferred to the Purchaser shall be clearly identified in the Seller’s loan number order. All boxes shall be sequentially labeled and contain a complete listing of Mortgage Files therein. The Seller shall provide the Purchaser a summary schedule reflecting Mortgage Files therein and exceptions thereto and the Purchaser shall sign and return one copy of the summary schedule. (e) No later than five (5) Business Days after the Servicing Transfer Date, a copy of to allow Purchaser to service such Mortgage Loans in accordance with the Seller’s delinquency report showing the due date of the Monthly Payment and the paid-to date as of the Servicing Agreement following such Servicing Transfer Date.; (fu) No later than five (5) Business Days after All of the Credit and Servicing Files in the possession of Seller and sufficient to enable Purchaser to assume the responsibility for and to conduct the Servicing Transfer Date, a copy of loan payment history and escrow analysis for each Mortgage Loan. (g) No later than ten (10) Business Days after the Servicing Transfer Date, the Seller’s certification that either (1) with respect to such Mortgage Loans as to which in compliance with the Seller maintains escrows for Applicable Requirements in all material respects following such items, all Insurance Policy premiums have been paid on all Mortgaged Properties which premiums are due before the Servicing Transfer Date, as requested required by the Purchaser or (2) the Seller has received no notice of delinquent premium payments.Section 7.06; (hv) At least fifteen (15) days prior With respect to such Mortgage Loans, Seller’s accounting to Purchaser and reconciliation of all outstanding Advances, suspense, and partial and unapplied funds, all made in accordance with the Servicing Transfer DateAgreement, copies of notifications prepared by the Seller, in duplicate, addressed to each Applicable Requirements and the Interim Servicing Agreement; and (w) All of the Collateral Files related insurance companies requesting endorsements to the mortgagee clause to the Purchaser. (i) Fifteen (15) days prior to the Servicing Transfer Date, a preliminary list of all related such Mortgage Loans that in the possession of Seller’s Custodian, other than Trailing Documents, which may be by internal delivery with the Custodian if Purchaser’s and Seller’s Custodian are on an automatic clearing house program, including, loan number, withdrawal amount, withdrawal date, account number, and all other similar information; and, at Servicing Transfer Date, a final list of all related Mortgage Loans that are on an automatic clearing house program, including, loan number, withdrawal amount, withdrawal date, account number, and all other similar information, updated as of Closing Datethe same entity.

Appears in 1 contract

Sources: Mortgage Servicing Rights Purchase and Sale Agreement (HomeStreet, Inc.)