Contested Litigation definition

Contested Litigation means any non-routine Action relating to any Defended Loans or the related Servicing Rights that has been commenced prior to the related Agency Delivery Date, including, without limitation, class actions, counterclaims, adversary proceedings, sanction or contempt proceedings, show cause orders, appeals and lawsuits, in each case arising out of the breach by the Subservicer of Applicable Requirements.
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Contested Litigation. Any non-routine Action relating to any Mortgage Loans or the Servicing Rights that has been commenced prior to the related Sale Date, including, without limitation, class actions, counterclaims, adversary proceedings, sanction or contempt proceedings, show cause orders, appeals and lawsuits.
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Contested Litigation. Any lawsuit or other dispute resolution mechanism (including but not limited to arbitration or mediation) involving a HECM Loan and in which a standalone lawsuit or a responsive claim (including but not limited to a counterclaim or third party claim filed in a judicial foreclosure action) is either (a) brought against Seller or its affiliates or (b) involves the origination, processing or servicing of any HECM Loan.
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Examples of Contested Litigation in a sentence

  • For all such HECM Loans in Contested Litigation, Seller and Purchaser recognize that they are jointly working together and that they are both necessary parties to share information related to such litigation and that, as such, information and the results thereof shared between the two shall not be considered a waiver of any attorney-client privilege, work product doctrine or any other applicable principle of protecting information from disclosure.

  • Upon the Purchaser becoming aware of Contested Litigation through service of process or notification by any Original Seller Block Person, the Original Seller’s Servicer or the Seller, the Purchaser shall thereafter cause the Successor Servicer to comply with the requirements of Exhibit G attached hereto (“Standard Servicing Instructions for Contested Litigation Loans”) with respect to the ▇▇▇▇▇▇ Mae Mortgage Loans affected by such Contested Litigation.

  • For Contested Litigation, ▇▇▇▇▇▇ ▇▇▇ reserves the right, in its sole discretion, to retain a law firm of its choice and to manage the defense for some or all of the named Original Seller Block Person or the Original Seller’s Servicer defendants.


More Definitions of Contested Litigation

Contested Litigation. Any lawsuit or other dispute resolution mechanism (including but not limited to arbitration or mediation) involving a Mortgage Loan and in which a standalone lawsuit or a responsive claim (including but not limited to a counterclaim or third party claim filed in a judicial foreclosure action) is brought that: (a) includes any Original Seller Block Person or the Original Seller’s Servicer, as a defendant, counter-defendant, or cross-defendant in such action; and (b) involves allegations of improper origination, or servicing of any Mortgage Loan prior to the Closing Date, or fraud, misappropriation of funds, gross negligence, willful misconduct or illegal or tortious action or failure to act by any Original Seller Block Person or the Original Seller’s Servicer.
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