Subservicing Fee. In consideration for Subservicer's performance of the Subservicing Functions and the other administrative and transition-related services provided for herein, Principal shall pay to Subservicer on a monthly basis, with respect to those active Mortgage Loans for which Subservicer performs the Subservicing Functions and other services hereunder at the beginning of such month (A) for all such Mortgage Loans with respect to which Principal owns the rights to the primary servicing thereof, an amount equal to the product of (i) $7.08 multiplied by (ii) the total number of such Mortgage Loans, (B) for all such Mortgage Loans with respect to which Principal owns the rights to the subservicing thereof, an amount equal to the aggregate of all monthly fees which Principal shall be entitled to receive as the subservicer of such Mortgage Loans and (C) for all such Mortgage Loans with respect to which Principal owns the rights to the master servicing thereof, an amount equal to the sum of (i) the aggregate amount of all costs actually incurred by Subservicer during such month in performing its obligations hereunder with respect to such Mortgage Loans (including a reasonable allocation of Subservicer's personnel costs, it being understood that such allocation may include certain personnel costs not historically allocated to master servicing functions) plus (ii) an amount equal to $5,000.00 multiplied by the number of business days in such month (the amount payable by Principal on a monthly basis pursuant to this Section 3.5 is referred to herein as the "Subservicing Fee"), provided, however, that the portion of the Subservicing Fee attributable to any Mortgage Loan, for any month in which the Conversion Date with respect to such Mortgage Loan shall have occurred, shall be prorated for the number of calendar days elapsed in the month prior to and including the Conversion Date. No later than the fifth Business Day of each month, Subservicer shall provide Principal with a statement detailing the calculation of the Subservicing Fee for the prior month. Within three (3) Business Days following its receipt of such statement, Principal shall pay the Subservicing Fee for the previous month to Subservicer.
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Sources: Subservicing and Transition Services Agreement (Lomas Financial Corp)
Subservicing Fee. In As consideration for Subservicer's performance of subservicing the Subservicing Functions and the other administrative and transition-related services provided for hereinMortgage Loans, Principal Subservicer shall pay to Subservicer on a monthly basis, with respect to those active Mortgage Loans for which Subservicer performs the Subservicing Functions and other services hereunder at the beginning of such month (A) for all such Mortgage Loans with respect to which Principal owns the rights to the primary servicing thereof, an amount equal to the product of be paid (i) $7.08 multiplied by the fees in accordance with Exhibits II and III and (ii) Service Rendered Ancillary Fees. Subservicer’s fees on Exhibits II and III, together with any fees to be charged by Subservicer under any SOW, shall be adjusted annually on the total number anniversary of such Mortgage Loansthe Initial Transfer Date. Such adjustments shall not exceed the increase in the U.S. Department of Labor, (B) Bureau of Labor Statistics, Consumer Price Index, U.S. City Average, for all Urban Consumers, other goods and services (‘82 - ‘84 = 100) (the “CPI-U Index”) between the annual averages of the most recently published twelve (12) month period and the immediately preceding twelve (12) month period. Subservicer shall submit to Owner/Servicer an invoice setting forth servicing fees and other amounts due Owner/Servicer (including those amounts due Owner/Servicer as an Investor) and subtracting therefrom subservicing fees, Exit Fees (if appropriate), fees for optional services, any Late Charges and Ancillary Income due Subservicer. In addition, the invoice will reflect the net change in month over month cumulative Servicing Advances. Subservicer will either charge Owner/Servicer for an increase or credit Owner/Servicer for a decrease in such Mortgage Loans with respect to which Principal owns balances. If and when applicable, Owner/Servicer shall pay Subservicer the rights to Private Label setup charge, the subservicing thereof, an amount equal to the aggregate of all monthly fees which Principal New Loan Interface fee and other setup charges set forth on Exhibit II. Subservicer shall be entitled to receive its monthly fees as set forth on Exhibits II and III for each Mortgage Loan that it subserviced for a given month based upon the subservicer beginning of such month Mortgage Loans Loan count and (C) for all such Mortgage Loans with respect to which Principal owns the rights status, except that Subservicer shall be entitled to the master servicing thereof, an amount equal to applicable monthly fee for each Mortgage Loan subserviced during the sum of (i) the aggregate amount of all costs actually incurred by Subservicer during such month in performing its obligations hereunder with respect to such Mortgage Loans (including a reasonable allocation of Subservicer's personnel costs, it being understood that such allocation may include certain personnel costs not historically allocated to master servicing functions) plus (ii) an amount equal to $5,000.00 multiplied by the number of business days in such month (the amount payable by Principal on a monthly basis pursuant to this Section 3.5 is referred to herein as the "Subservicing Fee"), provided, however, that the portion of the Subservicing Fee attributable to any Mortgage Loan, for any month in which the Conversion related Transfer Date with respect to such occurred and for each Interim Serviced Mortgage Loan subserviced during such month. In no event shall have occurredthe total base subservicing fees for all Mortgage Loans for a given month be less than three thousand dollars ($3,000). Subservicer shall be paid those fees set forth in Exhibit II for engaging in Loss Mitigation and be reimbursed for all Servicing Advances related thereto. For the purpose of this Agreement.
(1) a Decisioning Fee shall be earned when Subservicer has engaged in Loss Mitigation and made a recommendation to Owner/Servicer or Investor or made a decision, if so authorized, to offer or decline relief other than foreclosure to the affected Mortgagor and
(2) a Disposition Fee shall be earned upon execution of a loan modification or written (formal) repayment plan by the Mortgagor or the receipt by Subservicer of funds representing an approved short sale or receipt of documents representing completion of a deed-in-lieu of foreclosure or an approved assumption of a defaulted Mortgage Loan. Owner/Servicer, and not Subservicer, shall be prorated entitled to all amounts paid or allowed from time to time by the FNMA, FHLMC, HUD, FHA, VA, private mortgage insurer and any Investor as applicable, for engaging in Loss Mitigation either directly or through Subservicer. Owner/Servicer shall remit to Subservicer in accordance with Section 4.2 the number amounts billed by Subservicer for fees, expenses and Servicing Advances associated with services which are proper under this Agreement, including, without limitation, services performed in connection with the foreclosure of calendar days elapsed in mortgages, property maintenance and improvement, property management, the month prior to sale of any REO, and including the Conversion Date. No later than the fifth Business Day of each monthsimilar extraordinary expenses, which shall be contracted or performed by Subservicer shall provide Principal with a statement detailing the calculation of the Subservicing Fee at its customary, reasonable costs for the prior month. Within three (3) Business Days following its receipt of such statementservices, Principal shall pay the Subservicing Fee for the previous month to Subservicerand all other amounts due Subservicer hereunder.
Appears in 1 contract
Subservicing Fee. In consideration for Subservicer's performance of the Subservicing Functions and the other administrative and transition-related services provided for herein, Principal shall pay to Subservicer on a monthly basis, with respect to those active Mortgage Loans for which Subservicer performs the Subservicing Functions and other services hereunder at the beginning of such month (A) for all such Mortgage Loans with respect to which Principal owns the rights to the primary servicing thereof, an amount equal to the product of (i) $7.08 multiplied by (ii) the total number of such Mortgage Loans, Loans and (B) for all such Mortgage Loans with respect to which Principal owns the rights to the master servicing or subservicing thereof, an amount equal to the aggregate of all monthly fees which Principal shall be entitled to receive as the subservicer master servicer or subservicer, as the case may be, of such Mortgage Loans and (C) for all such Mortgage Loans with respect to which Principal owns the rights to the master servicing thereofLoans, an amount equal to the sum of (i) the aggregate amount of all costs actually incurred by Subservicer during such month in performing its obligations hereunder with respect to such Mortgage Loans (including a reasonable allocation of Subservicer's personnel costs, it being understood that such allocation may include certain personnel costs not historically allocated to master servicing functions) plus (ii) an amount equal to $5,000.00 multiplied by the number of business days in such month (the amount payable by Principal on a monthly basis pursuant to this Section 3.5 is referred to herein as the "Subservicing Fee"), provided, however, that the portion of the Subservicing Fee attributable to any Mortgage Loan, for any month in which the Conversion Date with respect to such Mortgage Loan shall have occurred, shall be prorated for the number of calendar days elapsed in the month prior to and including the Conversion Date. No later than the fifth Business Day of each month, Subservicer shall provide Principal with a statement detailing the calculation calcula- tion of the Subservicing Fee for the prior month. Within three (3) Business Days following its receipt of such statement, Principal shall pay the Subservicing Fee for the previous month to Subservicer.
Appears in 1 contract
Sources: Subservicing and Transition Services Agreement (Lomas Financial Corp)