EX-33.F 8 ahm_ex33.htm ASSESSMENT OF COMPLIANCE, AMERICAN HOME MORTGAGE SERVICING, INC., AS SERVICER ahm_ex33.htm




AMERICAN HOME MORTGAGE SERVICING, INC. Logo
Servicing at a higher powersm Logo

 
Management Assertion of Compliance

AH Mortgage Acquisition Co., Inc. (currently known as American Home Mortgage Servicing, Inc.) (“AHMSI”), was incorporated on September 6, 2007 under the laws of the State of Delaware.  AHMSI was created to acquire mortgage servicing rights and had no operations through November 16, 2007.  AHMSI entered into a purchase agreement on  September 25, 2007 to purchase the mortgage servicing platform, mortgage servicing rights, servicing advance, and other assets from American Home Mortgage Investment Corp., American Home Mortgage Corp., and AHM SV, Inc. (f/k/a American Home Mortgage Servicing, Inc.), a Maryland corporation (“AHMSV”).  The initial closing of the purchase occurred on November 16, 2007, and AHMSI completed the final closing of the acquisition on April 11, 2008.  On April 14, 2008, AHMSI filed a charter amendment to change its name to American Home Mortgage Servicing, Inc.  As a result of the aforementioned transactions, references to the “Company” herein refer to AHMSV during the period from January 1, 2008 through April 10, 2008, and to AHMSI during the period from April 11, 2008 through June 30, 2008.

Management of the Company 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 LSAMS loan servicing system (the “Platform”). Appendix A identifies 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)(1)(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. Furthermore, with respect to applicable servicing criterion 1122(d)(4)(vi), there were no activities performed during the Reporting Period with respect to the Platform, because there were no occurrences of events that would require the Company to perform such activities.



 
Reporting Period: As of June 30, 2008, and for the period January 1, 2008 through June 30, 2008 (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 these 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 B.

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.

On July 1, 2008, the Company transferred loans that had been serviced using the LSAMS loan servicing system to the MSP loan servicing system.


/s/ David M. Friedman
David M. Friedman

President and Chief Executive Officer
American Home Mortgage Servicing, Inc. (formerly known as AH Mortgage Acquisition Co. Inc.)
April 11, 2008 through June 30, 2008

Executive Vice President and Director of Servicing
American Home Mortgage Servicing, Inc. (currently known as AHMSV, Inc.)
January 1, 2008 through April 10, 2008


March 10, 2009


 
 
APPENDlX A

Investor
Number
 
Platform transaction listing which includes loans serviced by the Company
between January 1, 2008 and June 30, 2008 on the LSAMS servicing system
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 B
 
Note on Management's Remediation to Material Instances of Non-Compliance
 
  • Unless otherwise noted, remediation efforts by management were taken after the loans serviced on this platform were transferred to another platform.
 
Material Instances of Non-Compliance and Management Response
 
  • 1122(d)(2)(i) Payments on pool assets are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days of receipt, or such other number of days specified in the transaction agreements. With respect to this servicing criterion, certain obligor payments were not deposited into the appropriate custodial bank accounts within two business days of receipt as required by the related transaction agreements.
 
  • Management Response: Payments on pool assets were not deposited into the appropriate custodial bank accounts within two business days of receipt as specified in the transaction documents for certain securitizations serviced by the Company as a result of a unilateral bank decision by JPMorgan Chase Bank, N.A., the depository bank, to require a fully funded daily payment clearing bank account (a "prefund status").  During the period January 1, 2008 through January 17, 2008 this requirement added one day of delay to the funds transfer process. Thereafter, management believes that obligor remittances were deposited into the appropriate custodial bank accounts within two business days of receipt as required by the related transaction agreements.
 
  • 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 the 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)]: The Company has restructured the Investor Reporting department, including placing it within the Finance Department and hiring a very experienced senior vice president as departmental manager. Additionally, the Company has undertaken significant programming and process improvement initiatives to ensure future compliance with these criteria. These changes took effect in the first calendar quarter of 2009.
 
  • 1122(d)(4)(ix) Adjustments to interest rates or rates of return for pool assets with variable rates are computed based on the related pool asset documents. With respect to this servicing criterion, certain adjustments to interest rates were not computed in accordance with the related mortgage loan documents.
 
  • Management Response: The Company has a monthly quality control process to audit a sample of adjustable rate mortgage ("ARM") loans for loan set-up and maintenance. Management is currently reviewing options to enhance the audit process and re-audit ARM loan data against the original loan documents as necessary to ensure future compliance.
 
  • 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: The Company has implemented procedural and system changes to ensure charge-offs are recognized and recorded in accordance with transaction agreements.