Examples of Loan Representations in a sentence
The version of the Repurchase Provision in the Servicing Agreement also provided that EMC “shall promptly reimburse the Master Servicer and the Trustee for any expenses reasonably incurred by the Master Servicer or the Trustee in respect of enforcing the remedies for such breach.” PSA § 2.03(c) (the “Reimbursement Provision”).The Purchase Agreement made the procedure contemplated by the Repurchase Provision the sole and exclusive remedy for any breaches of Loan Representations.
It can be inferred at this procedural stage that EMC did not make such an argument because the Purchase Agreement addressed theinterrelationship between (i) the Loan Representations, the Repurchase Provision, and the Accrual Provision, and (ii) a three-phase examination of the Mortgage Loan Files that the Purchase Agreement called on the Conduit or a party acting as the agent of the Conduit, such as the Trustee, to conduct.
UK Residential Mortgage Loans – for which alternative rules can be found in Section 5(h) – UK Residential Mortgage Loan Representations, Warranties and Undertakings).
In the Servicing Agreement, EMC reiterated the accuracy of the Loan Representations.
The original complaint alleged that the Trustee had identified breaches of the Loan Representations in 716 of the 797 loans that the Trustee had examined.Although the original complaint arrived five years, eleven months, and eighteen days after the closing of the securitization on July 28, 2006, EMC and its fellow defendants did not assert a timeliness defense.
Loan Sale Agreement Sale of the Securitised Senior Loan Representations and warrantiesPursuant to the terms of the Loan Sale Agreement, the Loan Seller will sell and the Issuer will purchase, by way of transfer by novation, the Securitised Senior Loan and all right, title and interest of the Loan Seller (as Senior Lender) in respect thereof (including as to Security) under the Senior Finance Documents.
The Guarantor will rely on the Loan Representations and Warranties given by the Seller in the Mortgage Sale Agreement.
The Jenkinses Move Into the Tremont PropertyIn Contravention of the Dance Loan Representations In December 2015, following the closing of the Dance Loan and the completion of renovations to the Tremont Property, the Jenkinses moved into the Tremont Property in contravention of the representations that they had made to Dance.
If any Loan and its Related Security assigned by the Seller to the Guarantor does not materially comply with any of the Loan Representations and Warranties made by the Seller as at the Transfer Date of that Loan, then the Seller will be required to notify the Guarantor and the Bond Trustee as soon as reasonably practical after becoming aware of the fact and, upon receipt of a request to do the same from the Guarantor, remedy the breach within 30 calendar days of receipt by it of the request.
SCHEDULE C Exceptions to Mortgage Loan Representations and Warranties The exceptions to the representations and warranties set forth below are grouped by mortgage loan seller and listed by the number of the related representation and warranty set forth on Exhibit C and the mortgage loan name and number identified on Exhibit A.