EX-33.G 9 ahm2_ex33.htm ASSESSMENT OF COMPLIANCE, AMERICAN HOME MORTGAGE SERVICING INC., AS SERVICER ahm2_ex33.htm




 
AMERICAN HOME MORTGAGE SERVICING, INC. Logo
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Management Assertion of Compliance

Management of American Home Mortgage Servicing, Inc., a Delaware corporation, (the “Company” or “AHMSI”), is responsible for assessing compliance with the servicing criteria set forth in Item 1122(d) of Regulation AB of the Securities and Exchange Commission. Management has determined that the servicing criteria are applicable to the servicing platform for the reporting period as follows:

Platform: Publicly issued residential mortgage-backed transactions and securities issued on or after January 1, 2006, for which the Company provides primary servicing activities, as defined in the transaction agreements, that are serviced using the MSP loan servicing system (the "Platform"). Appendix A and Appendix B identify the individual mortgage-backed transactions and securities defined by management as constituting the Platform.

Applicable Servicing Criteria: Management has determined that the servicing criteria set forth in Item 1122(d) are applicable, to the extent required in the related transaction agreements in regards to the activities performed by the Company, except for servicing criteria 1122(d)(l)(i); 1122(d)(3)(i)(C), 1122(d)(3)(ii) and 1122(d)(4)(xv), which the Company has determined are not applicable to the activities it performed with respect to the Platform as of and for the Reporting Period. Servicing criterion 1122(d)(3)(i) is applicable to the activities the Company performs with respect to the Platform only as it relates to the Company's obligation to report information to the Master Servicers or Trustees, as applicable,, as defined in the transaction agreements.

Reporting Period: As of December 31, 2008, and for (i) the period May 1, 2008 through December 31, 2008 with respect to mortgage loans serviced by the Company as a result of the Company’s purchase of all of the servicing related assets of Option One Mortgage Corporation (“OOMC”) on April 30, 2008, and (ii) the period from July 1, 2008 through December 31, 2008 with respect to all other mortgage loans serviced by the Company (the periods set forth in clauses (i) and (ii) above are together referred to herein as the “Reporting Period”).

With respect to servicing criteria 1122(d)(4)(xi), 1122(d)(4)(xii) and 1122(d)(4)(xiii), management has engaged various vendors to perform the activities required by this servicing criteria. The Company’s management has determined that none of these vendors is considered a “servicer” as defined in Item 1101(j) of Regulation AB, and the Company’s management has elected to take responsibility for assessing compliance with the servicing criteria applicable to each vendor as permitted by Interpretation 17.06 of the SEC Division of Corporation Finance Manual of Publicly Available Telephone Interpretations (“Interpretation 17.06”). Management has policies and procedures in place designed to provide reasonable assurance that the vendors' activities comply in all material respects with the servicing criteria applicable to the vendors. The


Company’s management is solely responsible for determining that it meets the SEC requirements to apply Interpretation 17.06 for the vendors and related criteria.

The Company’s management has assessed the Company’s compliance with the Applicable Servicing Criteria, including servicing criteria for which compliance is determined based on Interpretation 17.06 as described above, as of and for the Reporting Period. In making this assessment, management used the criteria set forth by the Securities and Exchange Commission in paragraph (d) of Item 1122 of Regulation AB.

Based on such assessment, management believes that, as of and for the Reporting Period, the Company has complied in all material respects with the servicing criteria set forth in Item 1122(d) of Regulation AB of the Securities and Exchange Commission relating to the servicing of the Platform, except as described in Appendix C.

KPMG LLP, a registered public accounting firm, has issued an attestation report with respect to the Company's compliance with the Applicable Servicing Criteria as of and for the Reporting Period.
 
/s/ David M. Friedman
David M. Friedman
President and Chief Executive Officer


March 10, 2009
 
 

 
APPENDIX A
Investor
Number
Platform transaction listing which includes loans serviced by the Company
between May 1, 2008 and December 31, 2008 on the MSP servicing system other
than those previously serviced by the Company on the LSAMS servicing system
platform
 
249
 
Salomon Series 1994-7 & 1994-8
 
250
 
OOMC Series 2003-5
 
251
 
OOMC Series 2003-6
 
252
 
Lehman SAIL 2003-BC11 Step Fee
 
253
 
Lehman SAIL 2003-BC11
 
254
 
ABSC Series 2003-HE6
 
255
 
Lehman SAIL 2003-BC12
 
256
 
Lehman SAIL 2003-BC13
 
257
 
Merrill Lynch Series 2003-OPT1
 
258
 
ACE Series2003-OP1
 
261
 
OOMC Loan Trust 2004-1
 
262
 
ABFC Series 2004-OPT1
 
263
 
Lehman SAIL 2004-1
 
264
 
OOMC Woodbridge Series 2004-1
 
265
 
Lehman SAIL 2004-2
 
267
 
Deutsche Bank ACE 2004-OP1
 
269
 
Barclays SABR Series 2004-OP1
 
271
 
UBS MASTR Series 2004-OPT1
 
272
 
BofA ABFC Series 2004-OPT2
 
273
 
Lehman SAIL 2004-3
 
274
 
OOMC Loan Trust Series 2004-2
 
276
 
BofA ABFC 2004-OPT3
 
277
 
Lehman SAIL 2004-4
 
279
 
ABSC Series 2004-HE3
 
280
 
Lehman SASCO Series 2004-S2
 
281
 
Lehman SAIL 2004-6
 
282
 
Lehman SAIL 2004-7
 
283
 
CSFB HEMT 2004-3
 
284
 
ABFC 2004-OPT4
 
287
 
OOMC Loan Trust Series 2004-3
 
288
 
UBS MASTR Series 2004-OPT2
 
289
 
ABFC 2004-OPT5
 
290
 
Merrill Lynch Series 2004-OPT1
 
292
 
OOMC Loan Trust Series 2005-1
 
293
 
Morgan Stanley 2005-HE1
 
294
 
Citigroup CMLTI 2005-OPT1
 
297
 
UBS MASTR Series 2005-OPT1
 
299
 
Carrington 2005-OPT2
 
303
 
Lehman ARC 2002-BC2
 
304
 
Lehman ARC 2002-BC3
 
310
 
Lehman ARC 2002-BC8
 
311
 
Lehman ARC Series 2002-BC9
 
314
 
Lehman - SAIL 2003-BC2
 
316
 
Lehman SAIL 2003-BC4
 
 
 
 

 
317
 
Lehman SAIL 2003-BC5
318
 
Lehman SAIL 2003-BC6
319
 
Lehman SAIL 2003-BC7
320
 
Lehman SAIL 2003-BC8
321
 
Lehman SAIL 2003-BC9
322
 
Lehman SASCO Series 2003-S1
324
 
Lehman SAIL 2003-BC10 Step Fee
325
 
Lehman SAIL 2003-BC10
330
 
Lehman SAIL 2004-8
331
 
SASCO Series 2004-SC1
333
 
Citigroup CMLTI 2004-OPT1
334
 
Barclays SABR Series 2004-OP2
336
 
Lehman SASCO 2004-S3
338
 
Lehman SAIL 2004-BNC2
342
 
Lehman SAIL 2004-10
344
 
Lehman SASCO 2004-S4
345
 
Lehman SAIL 2004-11
346
 
Morgan Stanley 2004-OP1
347
 
Goldman Sachs GSAMP 2004-OPT
348
 
ACE 2005-SD1
349
 
Lehman SAIL 2005-1
356
 
Lehman SASCO 2005-S1
360
 
Barclays SABR Series 2005-OP1
361
 
Lehman SAIL 2005-3
364
 
Morgan Stanley 2005-HE2
365
 
ABFC Series 2005-HE1
367
 
Lehman SAIL 2005-4
368
 
Lehman SASCO 2005-S4
369
 
OOMC Loan Trust Series 2005-2
370
 
Soundview 2005-OPT1
372
 
Lehman SAIL 2005-5
374
 
Lehman SAIL 2005-6
377
 
Citigroup CMLTI 2005-OPT3
380
 
OOMC Loan Trust Series 2005-3
381
 
ABSC 2005-HE6
383
 
Lehman SAIL 2005-7
384
 
JPMAC 2005-OPT1
386
 
Soundview 2005-OPT2
387
 
Lehman SASCO 2005-S5
391
 
Citigroup CMLTI 2005-OPT4
393
 
Lehman SASCO 2005-SCI
395
 
Lehman SASCO 2005-GEL4
396
 
Soundview 2005-OPT3
397
 
OOMC Loan Trust Series 2005-4
399
 
NHELI 2005-HE1
400
 
ABFC 2005-OPT1
401
 
OOMC Loan Trust Series 2005-5
402
 
SGMS 2005-OPT1
404
 
Lehman SAIL 2005-10
405
  Lehman SASCO 2005-OPT1 
 
 

 
406
 
Soundview 2005-OPT4
407
 
HSBC HASCO 2005-OPT1
408
 
Lehman SASCO 2005-S7
409
 
Lehman SAIL 2005-11
410
 
HSBC HASCO 2005-11
412
 
OOMC Loan Trust Series 2006-1
413
 
Barclays SABR Series 2005-OP2
414
 
JPMAC 2005-OPT2
416
 
HSBC HASCO 2006-OPT1
417
 
Barclays SABR Series 2006-OP1
420
 
HSBC HASCO 2006-OPT2
422
 
Soundview 2006-OPT1
423
 
Carrington 2006-OPT1
424
 
Lehman SAIL 2006-2
425
 
HSBC HASCO 2006-OPT3
428
 
ABSC 2006-HE3
429
 
Soundview 2006-OPT2
430
 
Lehman SASCO 2006-OPT1
432
 
HSBC HASCO 2006-OPT4
433
 
Lehman SASCO 2006-GEL2
434
 
ACE Series 2006-OP1
435
 
Soundview 2006-OPT3
437
 
Soundview 2006-OPT4
440
 
Soundview 2006-OPT5
441
 
OOMC Loan Trust Series 2006-2
442
 
ABSC 2006-HE5
443
 
Lehman SAIL 2006-BNC3
444
 
Lehman SASCO 2006-GEL3
445
 
ABFC 2006-OPT1
446
 
Lehman SASCO 2006-BC2
448
 
Merrill Lynch Series 2006-OPT1
449
 
ABFC 2006-OPT2
450
 
OOMC Loan Trust Series 2006-3
457
 
CTS fixed rate Ins 1995-1
458
 
CTS adj. rate Ins 1995-1 REM
465
 
CTS adj. loans 1995-2 REMIC
467
 
CTS (from Lomas Mtg) 1994-2
468
 
CTS (from Lomas Mtg) 1995-1
470
 
CTS fixed rate Ins 1995-2
476
 
CTS adj. loans 1996-1 REMIC
481
 
CTS Fixed 1996-1
484
 
Salomon 1996-5
488
 
First Franklin 1997-1
489
 
Amresco 1997-1
491
 
Amresco 1997-2
492
 
First Franklin 1997-2
494
 
Amresco 1997-3
496
 
First Franklin 1997-3
497
 
Lehman Brothers SASCO 1998-2
498
 
Merrill Lynch 1999-H1/FF Lns
 
 

 
499
 
Lehman Brothers SASCO 1998-3
531
 
Homestar Series 2004-1
533
 
Homestar Series 2004-2
534
 
Homestar Series 2004-3
535
 
Homestar Series 2004-4
536
 
Homestar Series 2004-5
538
 
Homestar Series 2004-6
539
 
Opteum OMAC 2005-1
542
 
Opteum OMAC 2005-2
551
 
ACE Series 2006-OP2
554
 
ABFC 2006-OPT3
558
 
ABFC 2006-HE1
559
 
SGMS 2006-OPT2
563
 
Lehman SASCO 2006-Z
564
 
Lehman SASCO 2006-BC6
565
 
OOMC Loan Trust Series 2007-1
566
 
OOMC Loan Trust Series 2007-FXD1
567
 
HSBC HASCO 2007-OPT1
568
 
Lehman SASCO 2007-BC1
569
 
OOMC Loan Trust Series 2007-CP1
571
 
OOMC Loan Trust Series 2007-2
572
 
HSBC HASCO 2007-HE1
573
 
Merrill Lynch Series 2007-HE2
574
 
OOMC Loan Trust Series 2007-FXD2
575
 
OOMC Loan Trust Series 2007-3
576
 
OOMC Loan Trust Series 2007-HL1
577
 
OOMC Loan Trust Series 2007-4
578
 
OOMC Loan Trust Series 2007-5
579
 
Lehman SASCO 2007-GEL2
581
 
Soundview 2007-OPT1
582
 
OOMC Loan Trust Series 2007-6
583
 
Soundview2007-OPT2
584
 
Lehman SASCO 2007-TC1
586
 
Soundview 2007-OPT3
587
 
UBS MASTR Series 2007-HE2
588
 
Soundview 2007-OPT4
589
 
Soundview 2007-OPT5
605
 
Lehman Brothers SASCO 1998-6
606
 
Salomon Bros, SAL 1998-OPT1
607
 
Salomon Bros, SAL 1998-OPT2
612
 
Salomon Brothers, SAL 1998-NC7
614
 
OOMC Series 1999-A
616
 
OOMC Series 1999-B
623
 
Lehman Bros SASCO 1999-BC4
625
 
OOMC Series 1999-C
626
 
OOMC Series 2000-A
627
 
OOMC Series 2000-1
630
 
OOMC Series 2000-B
634
 
OOMC Loan Trust 2000-C
640
 
OOMC Loan Trust 2000-5 (UBS)
 
 
 

642
 
OOMC Loan Trust 2000-D
645
 
OOMC Loan Trust 2001-A
647
 
OOMC MESA Trust 2001-2
648
 
First Franklin Series 2001-FF1
649
 
Lehman ARC 2001-BC1
651
 
Home Equity Series 2001-HE1
652
 
OOMC Loan Trust 2001-B
654
 
OOMC Loan Trust 2001-C
657
 
CSFB-ABSC 2001-HE3
658
 
OOMC Loan Trust 2001-D
659
 
OOMC Loan Trust 2001-4
661
 
First Franklin Series 2001-FF2
662
 
OOMC MESA Trust 2001-5
664
 
OOMC Loan Trust 2002-1
666
 
OOMC Loan Trust 2 002-A -STEP
667
 
OOMC Loan Trust 2002-2 -STEP
669
 
OOMC Loan Trust 2002-3 -STEP
670
 
Option One Woodbridge 2002-1
671
 
First Franklin Series 2002-FF1
672
 
OOMC Loan Trust 2002-4
674
 
OOMC Loan Trust 2002-5
675
 
Option One Woodbridge 2002-2
676
 
Lehman ARC Series 2002-BC5
680
 
Lehman ARC Series 2002-BC6
682
 
Morgan Stanley 2002-OP1
683
 
OOMC Loan Trust 2002-6
684
 
ABFC Series 2002-OPT1
685
 
MASTR 2002-OPT1 (UBS Security)
686
 
Merrill Lynch Series 2002-HE1
687
 
OOMC Series 2003-1
688
 
UBS-MASTR 2003-OPT1
689
 
OOMC Woodbridge 2003-1
690
 
OOMC Loan Trust 2003-2
691
 
OOMC Series 2003-3
692
 
MASTR Series 2003-OPT2
693
 
OOMC Series 2003-4 StepSvcFee
695
 
OOMC Woodbridge Series 2003-2
696
 
ABFC Series 2003-OPT1
697
 
GSAMP Trust Scries 2003-HE2
699
 
Lehman SASCO Series 2003-GEL1
739
 
CSFB HEMT 2004-3
850
 
Citigroup/HSBC 2007-SHL1
 
 
 
 

 
 
APPENDlX B

Investor
Number
 
Platform transaction Listing which includes loans serviced by the Company
between July 1, 2008 and December 20, 2008 on the MSP servicing system that
were previously serviced by the Company on the LSAMS servicing system platform
 
P01
 
American Home Mortgage Asset Trust 2005-1
 
P02
 
MASTR Adjustable Rate Mortgages Trust 2005-8
 
P03
 
GSR MORTGAGE LOAN TRUST 2006-AR1
 
P04
 
MORGAN STANLEY MORTGAGE LOAN TRUST 2006-5AR
 
P05
 
MASTR Alternative Loan Trust 2006-2
 
P06
 
GSAA Home Equity Trust 2006-6
 
P07
 
MASTR Adjustable Rate Mortgages Trust 2006-OA1
 
P08
 
Bear Stearns Asset Backed Securities I Trust 2006-AC3
 
P09
 
GSR MORTGAGE LOAN TRUST 2006-AR2
 
P10
 
MORGAN STANLEY MORTGAGE LOAN TRUST 2006-6AR
 
P11
 
GSAA Home Equity Trust 2006-9
 
P12
 
GSAA Home Equity Trust 2006-10
 
P13
 
STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2006-AR5
 
P14
 
MORGAN STANLEY MORTGAGE LOAN TRUST 2006-8AR
 
P15
 
Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB2
 
P16
 
GSAMP Trust 2006-S4
 
P17
 
American Home Mortgage Investment Trust 2006-2
 
P18
 
American Home Mortgage Asset Trust 2006-2
 
P19
 
Bear Stearns Asset Backed Securities I Trust 2006-AC4
 
P20
 
Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB3
 
P21
 
HarborView Mortgage Loan Trust 2006-6
 
P22
 
MASTR Alternative Loan Trust 2006-3
 
P23
 
J.P. MORGAN ALTERNATIVE LOAN TRUST 2006-A3
 
P24
 
ZUNI MORTGAGE LOAN TRUST 2006-OA1
 
P25
 
GSAA Home Equity Trust 2006-11
 
P26
 
American Home Mortgage Asset Trust 2006-3
 
P27
 
American Home Mortgage Asset Trust 2006-4
 
P28
 
HarborView Mortgage Loan Trust 2006-7
 
P29
 
GSR MORTGAGE LOAN TRUST 2006-OA1
 
P30
 
Deutsche Alt-B Securities Mortgage Loan Trust, Series 2006-AB4
 
P31
 
American Home Mortgage Asset Trust 2006-5
 
P32
 
Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006-AR5
 
P33
 
American Home Mortgage Asset Trust 2006-6
 
P34
 
MASTR Adjustable Rate Mortgages Trust 2006-OA2
 
P35
 
MASTR Adjustable Rate Mortgages Trust 2007-1
 
P36
 
HarborView Mortgage Loan Trust 2006-14
 
P37
 
Luminent Mortgage Trust 2006-7
 
P38
 
Deutsche Alt-A Securities Mortgage Loan Trust, Series 2006-AR6
 
P39
 
HSI Asset Loan Obligation Trust 2007-AR1
 
P40
 
STRUCTURED ASSET MORTGAGE INVESTMENTS II TRUST 2007-AR1
 
P41
 
American Home Mortgage Asset Trust 2007-1
 
P42
 
American Home Mortgage Asset Trust 2007-2
 
P43
 
HarborView Mortgage Loan Trust 2007-2
 
P44
 
Deutsche Alt-B Securities Mortgage Loan Trust, Series 2007-AB1
 
P45
 
MASTR Adjustable Rate Mortgages Trust 2007-3
 
 

 
 
P46    GSR Mortgage Loan Trust 2007-OA1 
P47
 
American Home Mortgage Asset Trust 2007-3
P48
 
American Home Mortgage Asset Trust 2007-4
P50
 
HarborView Mortgage Loan Trust 2007-5
P51
 
American Home Mortgage Asset Trust 2007-5
P53
 
HarborView Mortgage Loan Trust 2007-6
P54
 
HSI Asset Loan Obligation Trust 2007-AR2
P62
 
Deutsche Alt-A Securities Mortgage Loan Trust, Series 2007-1
P63
 
American Home Mortgage Asset Trust 2006-1
P64
 
Banc of America Funding 2008-1 Trust
Q57
 
American Home Mortgage Investment Trust 2007-SD1
Q58
 
American Home Mortgage Assets Trust 2007-SD2
R71
 
American Home Mortgage Investment Trust 2004-1
R73
 
American Home Mortgage Investment Trust 2004-2
R74
 
American Home Mortgage Investment Trust 2004-3
R75
 
American Home Mortgage Investment Trust 2004-4
R76
 
American Home Mortgage Investment Trust 2005-1
R77
 
American Home Mortgage Investment Trust 2005-2
R78
 
American Home Mortgage Investment Trust 2005-3
R79
 
American Home Mortgage Investment Trust 2005-4A
R80
 
American Home Mortgage Investment Trust 2005-4C
R81
 
American Home Mortgage Assets Trust 2005-2
R82
 
American Home Mortgage Investment Trust 2005-SD1
R83
 
American Home Mortgage Investment Trust 2006-1
R84
 
American Home Mortgage Investment Trust 2007·A
R85
 
American Home Mortgage Investment Trust 2006-3
R86
 
American Home Mortgage Investment Trust 2007-SD1
R87
 
American Home Mortgage Investment Trust 2007-2
R88
 
American Home Mortgage Assets Trust 2007-SD2
R89
 
American Home Mortgage Investment Trust 2007-1

 
 

 
 

 
APPENDIX C
 
Material Instances of Non-Compliance and Management Response
 
  • 1122(d)(2)(vii)(D) Reconciliations are prepared on a monthly basis for all asset-backed securities related bank accounts, including custodial accounts and related bank clearing accounts. These reconciliations contain explanations for reconciling items. These reconciling items are resolved within 90 calendar days of their original identification, or such other number of days specified in the transaction agreements. With respect to this servicing criterion, certain reconciling items were not resolved within 90 calendar days of their original identification or such other number of days specified in the transaction agreements.

  • Management Response: Management has added additional resources and internal controls for tracking, monitoring and resolving aged items within 90 calendar days of their original identification or such other number of days specified in the transaction agreements.

  • 1122(d)(3)(i)(B) Reports to investors, including those to be filed with the Commission, are maintained in accordance with the transaction agreements and applicable Commission requirements.  Specifically, such reports provide information calculated in accordance with the terms specified in the transaction agreements.  With respect to this servicing criterion, certain remittance reports sent to the Master Servicers or Trustees as applicable, did not report the correct amounts.

  • 1122(d)(3)(i)(D) Reports to investors, including those to be filed with Commission, are maintained in accordance with the transaction agreements and applicable Commission requirements.  Specifically, such reports agree with investors’ or the trustee’s records as to the total unpaid principal balance and number of pool assets serviced by the servicer.  With respect to this servicing criterion, certain remittance reports sent to the Master Servicers or Trustees, as applicable, did not agree to the total unpaid principal balance and number of mortgage loans serviced by the Company.

  • 1122(d)(4)(v) The servicer’s records regarding the pool assets agree with the servicer’s records with respect to an obligor’s unpaid principal balance.  With respect to this servicing criterion, certain unpaid principal balances of the investor pools remitted to the Master Servicers or Trustees, as applicable, did not agree to the unpaid principal balances per the obligor records.

  • Management Response [1122(d)(3)(i)(B), 1122(d)(3)(i)(D) and 1122(d)(4)(v)]:  During the Reporting Period, certain manual adjustments to remittance reports caused variances in the actual unpaid principal balance (“UPB”) reported to the Master Servicers or Trustees, as applicable.  In early 2009, AHMSI implemented a more stringent balancing procedure that is expected to prevent these variances in the actual UPB.

Additionally, during the Reporting Period, certain loss transactions were included in remittance reports to the Master Servicers or Trustees, as applicable, for which the Master Servicers or Trustees, as applicable, indicated sufficient documentation was not received in order to record the loss in the remittance report.  Therefore, revised remittance reports were provided to the Master Servicers or Trustees, as applicable,
 
 

 
 
but such revised reports were provided subsequent to the remittance reporting date required in the transaction agreements.  In the last quarter of 2008, AHMSI implemented a loss liquidation tracking system that management expects will prevent these revisions going forward.

  • 1122(d)(4)(x)(A) Regarding any funds held in trust for an obligor (such as escrow accounts), such funds are analyzed, in accordance with the obligor’s pool asset documents, on at least an annual basis, or such other period specified in the transaction agreements.  With respect to this servicing criterion, certain escrow accounts were not analyzed, in accordance with the transaction agreements, on at least an annual basis.

  • Management Response:  A system exception report that was used to identify loans whose escrow funds had not been not analyzed was not properly configured resulting in analyses not being performed for certain loans.  In January 2009, the Company corrected the report configuration and completed analyses for loans that were previously not analyzed.  Going forward, management will receive system-generated reports to confirm that all loans are analyzed annually in compliance with the transaction documents.
 
  • 1122(d)(4)(x)(B) Regarding any funds held in trust for an obligor (such as escrow accounts), interest on such funds is paid, or credited, to obligors in accordance with applicable pool asset documents and state laws. With respect to this servicing criterion, interest on certain escrow accounts was not credited to borrowers in accordance with transaction agreements or state laws.

  • Management Response: In two slates, the monthly average method of calculation is required for calculating interest on escrow but the Company used the daily average method. In February 2009, system controls were updated to reflect the correct method of calculation in those two states, and the change has been reviewed and approved by the Company's Quality Control department.  Additionally, rate calculations and control headers (which contain certain information in the loan servicing system such as rate, credit frequency and calculation method, which drive the calculation) will be reviewed on at least a quarterly basis by Loan Administration Management and the Quality Control department for accuracy.
 
  • 1122(d)(4)(x)(C) Regarding any funds held in trust for an obligor (such as escrow accounts), such funds are returned to the obligor within 30 calendar days of full repayment of the related pool asset, or such other number of days specified in the transaction agreements.  With respect to this servicing criterion, certain amounts in escrow accounts were not returned to borrowers within 30 calendar days of full repayment of the loan.

  • Management Response:  The escrow balances indicated in the MSP servicing system at the time the loans were paid in full were returned to the borrowers within 30 days of full repayment of the loans.  However, in certain cases, additional interest on escrow was subsequently credited to the escrow balance and paid to the borrower more than 30 days after full repayment of the loan.  On October 20, 2008, system control changes were implemented to (i) credit to the escrow balance all accrued interest on escrow funds at the time of posting loan payoff funds, (ii) pay these funds automatically to the borrower with any remaining escrow funds 15 business days after full repayment of the loan, and (iii) generate a report of any loans that have been paid
 

 
in full which have an escrow balance remaining 20 days post payoff with such report to be reviewed by management.

  • 1122(d)(4)(xiv) Delinquencies, charge-offs and uncollectible accounts are recognized and recorded in accordance with the transaction agreements.  With respect to this servicing criterion, certain charge-offs were not recognized and recorded in accordance with the transaction agreements.

  • Management Response:  During the first quarter of 2009, the Company implemented procedural and system changes to ensure charge-offs are recognized and recorded in accordance with transaction agreements.