8-K 1 form8k.htm FORM 8-K form8k.htm
UNITED STATES
SECURITIES AND EXCHANGE COMMISSION
Washington, D.C.  20549

________________________

FORM 8-K

CURRENT REPORT
Pursuant to Section 13 OR 15(d) of the Securities Exchange Act of 1934

Date of report (Date of earliest event reported):
February 27, 2009
     
Banc of America Funding 2009-R1 Trust
(Exact name of issuing entity as specified in charter)
     
Banc of America Funding Corporation
(Exact name of depositor as specified in charter)
     
Banc of America Securities LLC
(Exact name of sponsor as specified in charter)
     
New York
333-148403-03
56-139-0085
(State or other jurisdiction of
(Commission File Number
(IRS Employer
incorporation of issuing entity)
of issuing entity)
Identification No. of
   
depositor)
     
214 North Tryon Street, Charlotte, North Carolina
  
28255
(Address of principal executive offices)
  
(Zip Code)
     
     
Depositor’s telephone number, including area code
(704) 683-3996
     
N/A
(Former name or former address, if change since last report:)

Check the appropriate box below if the Form 8-K filing is intended to simultaneously satisfy the filing obligations of the registrant under any of the following provisions (see General Instruction A.2. below):

[ ]           Written communications pursuant to Rule 425 under the Securities Act (17 CFR 230.425)

[ ]           Soliciting material pursuant to Rule 14a-12 under the Exchange Act (17 CFR 240.14a-12)


 
 
 


[ ]           Pre-commencement communications pursuant to Rule 14d-2(b) under the Exchange Act(17 CFR 240.14d-2(b))

[ ]           Pre-commencement communications pursuant to Rule 13e-4(c) under the Exchange Act(17 CFR 240.13e-4(c))

 
 
 

Item 8.01                      Other Events
 
Attached as Exhibit 4.1 is the trust agreement, dated February 27, 2009 (the “Trust Agreement”), between Banc of America Funding Corporation (the “Company”), as depositor, and Wells Fargo Bank, N.A., as trustee.  The Trust Agreement governs the Banc of America Funding Corporation, Mortgage Certificate-Backed Certificates, Series 2009-R1 (the “Certificates”), issued on February 27, 2009, including (i) the Class A-1 and Class A-3 Certificates (the “Public Certificates”), having an aggregate initial class balance of $15,156,088 and (ii) the Class A-2, Class A-4 and Class A-R Certificates (the “Private Certificates”), having an aggregate initial class balance of $4,968,698.
 
The Public Certificates were sold to Banc of America Securities LLC (“BAS”) pursuant to an underwriting agreement, dated February 27, 2009 (the “Underwriting Agreement”), between the Company and BAS.  A copy of the Underwriting Agreement is attached as Exhibit 1.1.
 
The Private Certificates were sold to BAS on February 27, 2009 in a transaction exempt from registration under the Securities Act of 1933, as amended, pursuant to Section 4(2) thereof.  The net proceeds of the sale of the Private Certificates were applied to the purchase of the underlying certificates (the “Underlying Certificates”) from BAS.
 
The Underlying Certificates consist of an approximate 12.02% percentage interest of Banc of America Funding 2006-D Trust, Class 5-A-2 Certificates, which were previously issued by the Banc of America Funding 2006-D Trust.
 
The Underlying Certificates were purchased by the Company from BAS pursuant to a mortgage certificate purchase agreement, dated February 27, 2009 (the “Mortgage Certificate Purchase Agreement”), between the Company and BAS.  A copy of the Mortgage Certificate Purchase Agreement is attached as Exhibit 4.2.
 

 
 
 

Item 9.01                      Financial Statements and Exhibits

(d)           Exhibits (executed copies):  The following execution copies of Exhibits to theForm S-3 Registration Statement of the Registrant are hereby filed:
 
 
1.1
Underwriting Agreement, dated February 27, 2009, by and between Banc of America Funding Corporation and Banc of America Securities LLC.

 
4.1
Trust Agreement, dated February 27, 2009, by and between Banc of America Funding Corporation and Wells Fargo Bank, N.A. (including exhibits).

 
4.2
Mortgage Certificate Purchase Agreement, dated February 27, 2009, by and between Banc of America Funding Corporation and Banc of America Securities LLC.

 
5.1
Legality Opinion of Hunton & Williams LLP.

 
8.1
Tax Opinion of Hunton & Williams LLP (included as part of Exhibit 5.1).

 
23
Consent of Hunton & Williams LLP (included as part of Exhibit 5.1).


Signature page to follow
 
 
SIGNATURES
 
Pursuant to the requirements of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned hereunto duly authorized.
 

 
 
BANC OF AMERICA FUNDING CORPORATION
     
 
By:
   /s/ Scott Evans
     
 
Name:
Scott Evans
     
 
Title:
Senior Vice President

 


Date:  February 27, 2009

 
 
 

BANC OF AMERICA FUNDING CORPORATION

EXHIBIT INDEX

 
Exhibit No.
Exhibit Description
Paper (P) or Electronic (E)
 
 
1.1
Underwriting Agreement, dated February 27, 2009, by and between Banc of America Funding Corporation and Banc of America Securities LLC.
E
 
4.1
Trust Agreement, dated February 27, 2009, by and between Banc of America Funding Corporation and Wells Fargo Bank, N.A. (including exhibits).
E
 
4.2
Mortgage Certificate Purchase Agreement, dated February 27, 2009, by and between Banc of America Funding Corporation and Banc of America Securities LLC.
E
 
5.1
Legality Opinion of Hunton & Williams LLP.
E
 
8.1
Tax Opinion of Hunton & Williams LLP (included as part of Exhibit 5.1).
E
 
23
Consent of Hunton & Williams LLP (included as part of Exhibit 5.1).
E