EX-10.3 4 v307889_ex10-3.htm FINAL EXECUTED PHH MORTGAGE ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT

EXHIBIT 10.3

 

EXECUTION COPY

 

 

ASSIGNMENT, ASSUMPTION AND RECOGNITION AGREEMENT

 

This is an Assignment, Assumption and Recognition Agreement (the “Agreement”) made as of the 29th day of March, 2012, among Redwood Residential Acquisition Corporation, a Delaware corporation (“Assignor”), Sequoia Residential Funding, Inc., a Delaware corporation (“Depositor”), U.S. Bank National Association, a national banking association, not in its individual capacity but solely as trustee (in such capacity, the “Trustee” and as referred to herein, the “Assignee”) under a Pooling and Servicing Agreement dated as of March 1, 2012 (the “Pooling and Servicing Agreement”), and PHH Mortgage Corporation, a New Jersey corporation (“PHH”).

 

In consideration of the mutual promises contained herein, the parties hereto agree that the mortgage loans (the “Mortgage Loans”) listed on Attachment 1 (the “Mortgage Loan Schedule”) now serviced by PHH (together with its successors and assigns, the “Servicer”) for Assignor and its successors and assigns pursuant to the Mortgage Loan Flow Purchase, Sale and Servicing Agreement dated as of July 21, 2010, between Assignor and PHH (the “Purchase and Servicing Agreement”) and the servicing thereof shall be subject to the terms of the Purchase and Servicing Agreement as modified or supplemented by this Agreement. Unless otherwise specified herein, capitalized terms used herein but not defined shall have the meanings ascribed to them in the Purchase and Servicing Agreement. Assignor will sell the Mortgage Loans to Depositor pursuant to a Mortgage Loan Purchase and Sale Agreement dated the date hereof, and Depositor will sell the Mortgage Loans to Assignee pursuant to the Pooling and Servicing Agreement.

 

Assignment and Assumption

 

1. Assignor hereby grants, transfers and assigns to Depositor all of its right, title and interest in, to and under the Purchase and Servicing Agreement to the extent relating to the Mortgage Loans, together with its obligations as “Purchaser” (as such term is defined in the Purchase and Servicing Agreement) to the extent relating to the Mortgage Loans, and Depositor hereby accepts such assignment from Assignor and assumes such obligations.

 

2. [Reserved].

 

3. Depositor hereby grants, transfers and assigns to Assignee all of its right, title and interest in, to and under the Purchase and Servicing Agreement to the extent relating to the Mortgage Loans, together with its obligations as “Purchaser” (as such term is defined in the Purchase and Servicing Agreement) to the extent relating to the Mortgage Loans, Depositor is released from all obligations under the Purchase and Servicing Agreement, and Assignee hereby accepts such assignment from Depositor and assumes such obligations.

 

4. [Reserved].

 
 

5. Assignee agrees to be bound, as “Purchaser” (as such term is defined in the Purchase and Servicing Agreement), by all of the terms, covenants and conditions of the Purchase and Servicing Agreement relating to the Mortgage Loans, and from and after the date hereof, Assignee assumes for the benefit of each of Assignor, Depositor and PHH all of Assignor's obligations as Purchaser thereunder in respect of the Mortgage Loans, and Assignor is released from such obligations.

 

6. [Reserved].

 

7. PHH hereby acknowledges the foregoing assignments and assumptions and agrees that Assignee shall be the “Purchaser” under the Purchase and Servicing Agreement with respect to the Mortgage Loans.

 

Representations and Warranties

 

8. Assignor warrants and represents to, and covenants with, Depositor, Assignee and PHH as of the date hereof that:

 

(a) Attached hereto as Attachment 2 is a true and accurate copy of the Purchase and Servicing Agreement, which agreement is in full force and effect as of the date hereof and the provisions of which have not been waived, amended or modified in any respect, nor has any notice of termination been given thereunder;

 

(b) Assignor is the lawful owner of its interests, rights and obligations under the Purchase and Servicing Agreement to the extent of the Mortgage Loans, free and clear from any and all claims and encumbrances whatsoever, and upon the transfer of such interests, rights and obligations to Assignee as contemplated herein, Assignee shall have good title to all of Assignee's interests, rights and obligations under the Purchase and Servicing Agreement to the extent of the Mortgage Loans, free and clear of all liens, claims and encumbrances;

 

(c) There are no offsets, counterclaims or other defenses available to PHH with respect to the Mortgage Loans under the Purchase and Servicing Agreement;

 

(d) Assignor is duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation, and has all requisite power and authority to enter into and perform its obligations under the Purchase and Servicing Agreement;

 

(e) Assignor has full corporate power and authority to execute, deliver and perform its obligations under this Agreement, and to consummate the transactions set forth herein. The consummation of the transactions contemplated by this Agreement is in the ordinary course of Assignor’s business and will not conflict with, or result in a breach of, any of the terms, conditions or provisions of Assignor’s charter or by-laws or any legal restriction, or any material agreement or instrument to which Assignor is now a party or by which it is bound, or result in the violation of any law, rule, regulation, order, judgment or decree to which Assignor or its property is subject. The execution, delivery and performance by Assignor of this Agreement and the consummation by it of the transactions contemplated hereby, have been duly authorized by all necessary corporate action on the part of Assignor. This Agreement has been duly executed and delivered by Assignor and, upon the due authorization, execution and delivery by the other parties hereto, will constitute the valid and legally binding obligation of Assignor enforceable against Assignor in accordance with its terms except as enforceability may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws now or hereafter in effect relating to creditors’ rights generally, and by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at law; and

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(f) No consent, approval, order or authorization of, or declaration, filing or registration with, any governmental entity is required to be obtained or made by Assignor in connection with the execution, delivery or performance by Assignor of this Agreement, or the consummation by it of the transactions contemplated hereby.

 

9. Depositor warrants and represents to, and covenants with, Assignor, Assignee and PHH that as of the date hereof:

 

(a) Depositor is a Delaware corporation duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation;

 

(b) Depositor has full corporate power and authority to execute, deliver and perform its obligations under this Agreement, and to consummate the transactions set forth herein. The consummation of the transactions contemplated by this Agreement is in the ordinary course of Depositor’s business and will not conflict with, or result in a breach of, any of the terms, conditions or provisions of Depositor’s charter or by-laws or any legal restriction, or any material agreement or instrument to which Depositor is now a party or by which it is bound, or result in the violation of any law, rule, regulation, order, judgment or decree to which Depositor or its property is subject. The execution, delivery and performance by Depositor of this Agreement and the consummation by it of the transactions contemplated hereby, have been duly authorized by all necessary corporate action on part of Depositor. This Agreement has been duly executed and delivered by Depositor and, upon the due authorization, execution and delivery by the other parties hereto, will constitute the valid and legally binding obligation of Depositor enforceable against Depositor in accordance with its terms except as enforceability may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws now or hereafter in effect relating to creditors’ rights generally, and by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at law; and

 

(c) No consent, approval, order or authorization of, or declaration, filing or registration with, any governmental entity is required to be obtained or made by Depositor in connection with the execution, delivery or performance by Depositor of this Agreement, or the consummation by it of the transactions contemplated hereby other than any that have been obtained or made.

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10. Assignee warrants and represents to, and covenants with, Assignor, Depositor and PHH that as of the date hereof:

 

(a) Assignee is a national banking association duly organized, validly existing and in good standing under the laws of the jurisdiction of its organization; and

 

(b) Assignee has been directed to enter into this Agreement pursuant to the provisions of the Pooling and Servicing Agreement. The execution, delivery and performance by Assignee of this Agreement and the consummation by it of the transactions contemplated hereby, have been duly authorized by all necessary action on part of Assignee. This Agreement has been duly executed and delivered by Assignee and, upon the due authorization, execution and delivery by Assignor, will constitute the valid and legally binding obligation of Assignee enforceable against Assignee in accordance with its terms except as enforceability may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws now or hereafter in effect relating to creditors’ rights generally, and by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at law.

 

11. PHH warrants and represents to, and covenants with, Assignor, Depositor and Assignee as of the date hereof that:

 

(a) Attached hereto as Attachment 2 is a true and accurate copy of the Purchase and Servicing Agreement, which agreement is in full force and effect as of the date hereof and, except to the extent modified by this Agreement, the provisions of which have not been waived, amended or modified in any respect, nor has any notice of termination been given thereunder;

 

(b) PHH is duly organized, validly existing and in good standing under the laws of the jurisdiction of its incorporation, and has all requisite power and authority to service the Mortgage Loans pursuant to the Purchase and Servicing Agreement and otherwise to perform its obligations under the Purchase and Servicing Agreement;

 

(c) PHH has full corporate power and authority to execute, deliver and perform its obligations under this Agreement, and to consummate the transactions set forth herein. The consummation of the transactions contemplated by this Agreement is in the ordinary course of PHH’s business and will not conflict with, or result in a breach of, any of the terms, conditions or provisions of PHH’s charter or by-laws or any legal restriction, or any material agreement or instrument to which PHH is now a party or by which it is bound, or result in the violation of any law, rule, regulation, order, judgment or decree to which PHH or its property is subject. The execution, delivery and performance by PHH of this Agreement and the consummation by it of the transactions contemplated hereby, have been duly authorized by all necessary corporate action on part of PHH. This Agreement has been duly executed and delivered by PHH and, upon the due authorization, execution and delivery by Assignor and Assignee, will constitute the valid and legally binding obligation of PHH enforceable against PHH in accordance with its terms except as enforceability may be limited by bankruptcy, reorganization, insolvency, moratorium or other similar laws now or hereafter in effect relating to creditors’ rights generally, and by general principles of equity regardless of whether enforceability is considered in a proceeding in equity or at law; and

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(d) No consent, approval, order or authorization of, or declaration, filing or registration with, any governmental entity is required to be obtained or made by PHH in connection with the execution, delivery or performance by PHH of this Agreement, or the consummation by it of the transactions contemplated hereby.

 

 

Restated PHH Representations and Warranties

 

12. (i) [Reserved].

 

(ii) Pursuant to Section 3.07 of the Purchase and Servicing Agreement, PHH hereby restates to Depositor and Assignee (a) the representations and warranties set forth in Sections 3.01 and 3.02 of the Purchase and Servicing Agreement as of the date hereof and (b) the representations and warranties set forth in Section 3.03 of the Purchase and Servicing Agreement with respect to each Mortgage Loan as of the respective Funding Date, as if such representations and warranties were set forth herein in full. In the event of a breach of any representations and warranties set forth in Sections 3.01, 3.02 or 3.03 of the Purchase and Servicing Agreement as of the Funding Date or the date hereof, as the case may be, Depositor and Assignee shall be entitled to all of the remedies set forth in the Purchase and Servicing Agreement.

 

Repurchase Upon Breach of Representations and Warranties

 

13. (a) Assignor hereby covenants and agrees that, if a breach of any representation and warranty set forth in Section 3.03 of the Purchase and Servicing Agreement exists on the date hereof that materially and adversely affects the value of any Mortgage Loan or the interest of Assignee in any Mortgage Loan and such breach did not exist as of the Funding Date of that Mortgage Loan, Assignor shall have a period of 60 days from the earlier of either discovery or receipt of written notice from Assignee to Assignor of such breach within which to correct or cure such breach. Each determination as to whether there has been such a breach shall be conducted on a Mortgage Loan-by-Mortgage Loan basis. A breach of representations and warranties in the first sentence of Section 3.03(21) and Sections 3.03(41) and (52) of the Purchase and Servicing Agreement shall be deemed to materially and adversely affect the value of the related Mortgage Loan and the interest of the Assignee therein. Assignor hereby covenants and agrees that if any breach cannot be corrected or cured within such 60 day period, then Assignor shall, at its option, (i) substitute a mortgage loan for the Defective Mortgage Loan in accordance with the Purchase and Servicing Agreement, (ii) repurchase the related Mortgage Loan at the Repurchase Price or (iii) except for a breach of a representation and warranty in Section 3.03(52) of the Purchase and Sale Agreement, make an indemnification payment in an amount equal to the reduction in value of such Mortgage Loan as a result of such breach not later than 90 days after its discovery or receipt of notice of such breach and in the case of clauses (ii) and (iii) above, by wire transfer of immediately available funds to such account as Assignee shall specify to Assignor.

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(b) Assignor and Assignee agree that the resolution of any controversy or claim arising out of or relating to an obligation or alleged obligation of Assignor to repurchase a Mortgage Loan or Mortgage Loans pursuant to Section 13(a) above shall be by Arbitration administered by the American Arbitration Association. If any such controversy or claim has not been resolved to the satisfaction of both Assignor and Assignee, either party may commence Arbitration to resolve the dispute; provided that a party may commence Arbitration with respect to one or more unresolved allegations only during the months of January, April, July and October, and all matters with respect to which Arbitration has been commenced in any such month shall be heard in a single Arbitration in the immediately following month or as soon as practicable thereafter.

 

(c) To commence Arbitration, the moving party shall deliver written notice to the other party that it has elected to pursue Arbitration in accordance with this Section 13, provided that if Assignor has not responded to Assignee's notification of a breach of a representation and warranty, Assignee shall not commence Arbitration with respect to that breach before 60 days following such notification in order to provide Assignor with an opportunity to respond to such notification. Within 10 Business Days after a party has provided notice that it has elected to pursue Arbitration, each party may submit the names of one or more proposed Arbitrators to the other party in writing. If the parties have not agreed on the selection of an Arbitrator within five Business Days after the first such submission, then the party commencing Arbitration shall, within the next 5 Business Days, notify the American Arbitration Association in New York, New York and request that it appoint a single Arbitrator with experience in arbitrating disputes arising in the financial services industry.

 

(d) It is the intention of the parties that Arbitration shall be conducted in as efficient and cost-effective a manner as is reasonably practicable, without the burden of discovery. Accordingly, the Arbitrator will resolve the dispute on the basis of a review of the written correspondence between the parties (including any supporting materials attached to such correspondence) conveyed by the parties to each other in connection with the dispute prior to the delivery of notice to commence Arbitration; however, upon a showing of good cause, a party may request the Arbitrator to direct the production of such additional information, evidence and/or documentation from the parties that the Arbitrator deems appropriate. If requested by the Arbitrator or any party, any hearing with respect to an Arbitration shall be conducted by video conference or teleconference except upon the agreement of both parties or the request of the Arbitrator.

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(e) The finding of the Arbitrator shall be final and binding upon the parties. Judgment upon any arbitration award rendered may be entered and enforced in any court of competent jurisdiction. The costs of the Arbitrator shall be shared equally between both parties. Each party, however, shall bear its own attorneys fees and costs in connection with the Arbitration.

 

Recognition of Assignee

 

14. (a) From and after the date hereof, subject to Sections 16 and 17 below, PHH shall recognize Assignee as owner of the Mortgage Loans and will service the Mortgage Loans and perform its obligations hereunder and under the Purchase and Servicing Agreement for the benefit of the Assignee in accordance with this Agreement and the Purchase and Servicing Agreement, each as modified hereby and as may be amended from time to time, as if Assignee and PHH had entered into a separate purchase and servicing agreement for the purchase and servicing of the Mortgage Loans.

 

(b) [Reserved].

 

(c) It is the intention of Assignor, Depositor, PHH and Assignee that this Agreement shall constitute a separate and distinct servicing agreement, and the entire servicing agreement, between PHH and Assignee to the extent of the Mortgage Loans and shall be binding upon and for the benefit of the respective successors and assigns of the parties hereto.

 

15. The Mortgage Loans shall be serviced by PHH for Assignee in accordance with all applicable state, federal and local laws as well as in conformity with the provisions of the applicable Mortgages and Mortgage Notes, and pursuant to the terms and conditions of this Agreement.

 

Continuing Rights and Responsibilities

 

16. (a) Controlling Holder Rights. PHH agrees and acknowledges that Sequoia Mortgage Funding Corporation, an Affiliate of the Depositor, in its capacity as the initial Controlling Holder pursuant to the Pooling and Servicing Agreement, and for so long as it is the Controlling Holder, will assume all of Assignee's rights and all related responsibilities of the Assignee under each of the following sections of the Purchase and Servicing Agreement:

 

 

Purchase and Servicing Agreement:

 

Section Matter
   
3.04

Repurchase and Substitution

 

7.06 Purchaser's Right to Examine Servicer Records; Reports

 

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(b) Notwithstanding Sections 1, 2 and 14 above, Assignor reserves its rights under, and does not assign to Assignee or Depositor, the ongoing rights to take action and the responsibilities of the Purchaser under the sections of the Purchase and Servicing Agreement listed below:

 

 

Purchase and Servicing Agreement:

 

Section Matter
3.06

Purchase Price Protection

 

Article XIII Compliance with Regulation AB

 

 

(c) In addition, PHH agrees to furnish to Assignor and to Wells Fargo Bank, N.A., as master servicer or securities administrator under the Pooling and Servicing Agreement (the “Master Servicer”), copies of reports, notices, statements and other communications required to be delivered to the Assignee by PHH pursuant to any of the sections of the Purchase and Servicing Agreement referred to above and under the following sections, at the times therein specified:

 

 

Purchase and Servicing Agreement:

 

Section  
   
5.09 Transfer of Accounts
   
6.02 Reporting
   
Section 13.04 Servicer Compliance Statement
   

Section 13.05

 

Report on Assessment of Compliance and Attestation
   

 

(d) If there is no Controlling Holder under the Pooling and Servicing Agreement, then all rights and responsibilities assumed by the Controlling Holder pursuant to Section 16(a) shall terminate and revert to Assignee.

 

Assignor will provide thirty (30) days notice to PHH, the Master Servicer and the Trustee of any such termination of which Assignor has knowledge.

 

Amendments to Purchase and Servicing Agreement

 

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17. [Reserved].

 

18. The parties agree that the Purchase and Servicing Agreement shall be amended, solely with respect to the Mortgage Loans, as follows:

 

(a)Definitions.

 

(i) The definitions of “Arbitration,” “Business Day,” “Designated Guidelines,” “Eligible Account,” “Opinion of Counsel,” “Permitted Investment,” “Repurchase Price,” “Servicing Fee” and “Servicing Fee Rate” set forth in Section 1.01 of the Purchase and Servicing Agreement shall be deleted and replaced in their entirety as follows, and the definition of “Stated Principal Balance” as set forth below shall be added to Section 1.01 following the definition of “Proprietary Lease” (capitalized terms not defined in the Purchase and Servicing Agreement but listed on Attachment 3 shall be defined as specified on Attachment 3):

 

Arbitration: Arbitration in accordance with the then governing Commercial Arbitration Rules of the American Arbitration Association and administered by the American Arbitration Association, which shall be conducted in New York, New York or other place mutually acceptable to the parties to the arbitration.

 

Business Day: Any day other than (i) a Saturday or a Sunday, (ii) a legal holiday in the State of New York, or the State of New Jersey, or the State of California, or the State of Maryland or the State of Minnesota, or (iii) a day on which banks in the State of New York, or the State of New Jersey, or the State of California, or the State of Maryland or the State of Minnesota are authorized or obligated by law or executive order to be closed.

 

Designated Guidelines: As to each Mortgage Loan, the applicable set of underwriting guidelines in effect as of the origination date of such Mortgage Loan, in the form provided by the Seller to the Purchaser, as may be updated and provided to the Purchaser from time to time.

 

Eligible Account: Any account or accounts maintained with a federal or state chartered depository institution or trust company the short-term and long-term unsecured debt obligations of which are rated in the highest rating category of the Rating Agency with respect to short-term unsecured debt obligations and in one of the two highest rating categories of Fitch, Inc. (the “Rating Agency”) with respect to long-term unsecured debt obligations at the time any amounts are held on deposit therein. Eligible Accounts may bear interest. If the rating of the short-term or long-term unsecured debt obligations of the depository institution or trust company that maintains the account or accounts is no longer in the highest rating category of the Rating Agency with respect to short-term unsecured debt obligations or in one of the two highest rating categories of the Rating Agency with respect to long-term unsecured debt obligations, the funds on deposit therewith in connection with this transaction shall be transferred to an Eligible Account within 30 days of such downgrade.

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Opinion of Counsel: A written opinion of counsel, who may be salaried counsel for the Person on behalf of whom the opinion is being given, reasonably acceptable to each Person to whom such opinion is addressed, and which must be Independent outside counsel with respect to any such opinion of counsel concerning the taxation or the federal income tax status of each REMIC.

 

Permitted Investments: At any time, any one or more of the following obligations and securities:

 

(i) direct obligations of, and obligations fully guaranteed by the United States of America or any agency or instrumentality of the United States of America the obligations of which are backed by the full faith and credit of the United States of America;

 

(ii) (a) demand or time deposits, federal funds or bankers’ acceptances issued by any depository institution or trust company incorporated under the laws of the United States of America or any state thereof and subject to supervision and examination by federal and/or state banking authorities, provided that the commercial paper and/or the short-term deposit rating and/or the long-term unsecured debt obligations or deposits of such depository institution or trust company at the time of such investment or contractual commitment providing for such investment are rated in the highest rating category by the Rating Agency for long-term unsecured debt with a maturity of more than one year or in the highest rating category with respect to short-term obligations and (b) any other demand or time deposit or certificate of deposit that is fully insured by the FDIC;

 

(iii) repurchase obligations with a term not to exceed thirty (30) days and with respect to any security described in clause (i) above and entered into with a depository institution or trust company (acting as principal) described in clause (ii)(a) above;

 

(iv) securities bearing interest or sold at a discount issued by any corporation incorporated under the laws of the United States of America or any state thereof that are rated in the highest rating category by the Rating Agency for long-term unsecured debt with a maturity of more than one year or in the highest rating category with respect to short-term obligations, in each case at the time of such investment or contractual commitment providing for such investment; provided, however, that securities issued by any particular corporation will not be Permitted Investments to the extent that investments therein will cause the then outstanding principal amount of securities issued by such corporation and held as Permitted Investments to exceed 10% of the aggregate outstanding principal balances of all of the Mortgage Loans and Permitted Investments;

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(v) commercial paper (including both non-interest-bearing discount obligations and interest-bearing obligations payable on demand or on a specified date not more than one year after the date of issuance thereof) that is rated in the highest rating category by the Rating Agency at the time of such investment; and

 

(vi) any money market funds rated in one of the two highest rating categories by the Rating Agency for long-term unsecured debt with a maturity of more than one year or in the highest rating category with respect to short-term obligations, including any such fund managed or advised by the Trustee or any of its Affiliates;

 

provided, however, that no instrument or security shall be a Permitted Investment if such instrument or security evidences a right to receive only interest payments with respect to the obligations underlying such instrument or if such security provides for payment of both principal and interest with a yield to maturity in excess of 120% of the yield to maturity at par or if such instrument or security is purchased at a price greater than par.

 

Repurchase Price: With respect to any Mortgage Loan, a price equal to (i) the Unpaid Principal Balance of such Mortgage Loan plus (ii) interest on such Unpaid Principal Balance at the Note Rate from and including the last Due Date through which interest has been paid by or on behalf of the Mortgagor up to the Due Date following the date of repurchase, minus (iii) amounts received in respect of such repurchased Mortgage Loan which are being held in the Collection Account for distribution in connection with such Mortgage Loan and, if the Servicer is also the Seller, minus (iv) any unreimbursed Monthly Advances (including Non-recoverable Advances) and any unpaid Servicing Fees made by or owing to the Servicer and allocable to such repurchased Mortgage Loan, which amounts shall be deposited in the Collection Account for withdrawal by the Servicer in accordance with Section 5.05; provided, however, that Servicer shall only be entitled to reimburse itself for Monthly Advances pursuant to Section 5.05(3) and any unpaid Servicing Fees pursuant to Section 5.05(4) from Repurchase Price proceeds to the extent that such Monthly Advances and unpaid Servicing Fees have not been subtracted in accordance with this definition; and provided, further, that, notwithstanding the provisions of Section 5.05 to the contrary, if Servicer as Seller or Servicer is required to repurchase a Mortgage Loan pursuant to Section 3.04, Servicer’s right to reimburse itself pursuant to Section 5.05(4) shall be subsequent to the payment to Purchaser of the Repurchase Price pursuant to Section 3.04, and all other amounts required to be paid to the Purchaser with respect to the Mortgage Loan.

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Servicing Fee: With respect to each Mortgage Loan and any calendar month (or portion thereof) an amount equal to 1/12 of the product of (i) the Stated Principal Balance of such Mortgage Loan and (ii) the Servicing Fee Rate applicable to such Mortgage Loan.

 

Servicing Fee Rate: A per annum rate equal to 0.25%.

 

Stated Principal Balance: As to any Mortgage Loan and date of determination, the unpaid principal balance of such Mortgage Loan as of the most recent Due Date as determined by the amortization schedule for the Mortgage Loan at the time relating thereto (before any adjustment to such amortization schedule by reason of any moratorium or similar waiver or grace period) after giving effect to any previous Servicing Modification, Principal Prepayments and related Liquidation Proceeds allocable to principal and to the payment of principal due on such Due Date (but not unscheduled Principal Prepayments received on such Due Date) and irrespective of any delinquency in payment by the related Mortgagor.

 

(b) Servicing Standard. In servicing the Mortgage Loans in accordance with the Purchase and Servicing Agreement and Customary Servicing Procedures, the Servicer shall service the Mortgage Loans with a view to the best interests of all holders of the Sequoia Mortgage Trust 2012-2 Mortgage Pass-Through Certificates as a single class.

 

(c) Collection of Mortgage Loan Payments and Segregated Collection Account.

 

(i) The following paragraph shall be added to Section 5.02:

 

Mortgage Loan payments received by the Servicer will be deposited within one Business Day of receipt into a clearing account that is an Eligible Account. The Mortgage Loan payments may be commingled with payments of other mortgagors and investors for up to two Business Days prior to the Servicer depositing the Mortgage Loan payments in the 2012-2 Collection Account. Such clearing account shall not be used for operational or corporate purposes of the Servicer.

 

(ii) The Servicer shall establish a Collection Account pursuant to Section 5.04 of the Purchase and Servicing Agreement which shall be titled “PHH Mortgage Corporation, as trustee and/or bailee for U.S. Bank National Association, as trustee of the Sequoia Mortgage Trust 2012-2” (the “2012-2 Collection Account”), which shall be the Collection Account under this Agreement for all purposes. If the 2012-2 Collection Account is no longer an Eligible Account, the Servicer shall transfer the 2012-2 Collection Account to an account that is an Eligible Account.

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(d) Section 3.04 Repurchase and Substitution.

 

(i) The second paragraph of Section 3.04 shall be amended and replaced, to read in its entirety as follows:

 

Upon discovery by the Seller, the Servicer or the Purchaser of a breach of any of the representations and warranties contained in Sections 3.01, 3.02 or 3.03 that materially and adversely affects the value of the Mortgage Loans or the interest of the Purchaser in the Mortgage Loans (or that materially and adversely affects the value of the related Mortgage Loan or the interests of the Purchaser in the related Mortgage Loan, in the case of a representation or warranty relating to a particular Mortgage Loan), the party discovering such breach shall give prompt written notice to the other. Each determination as to whether there has been such a breach shall be conducted on a Mortgage Loan-by-Mortgage Loan basis. A breach of representations and warranties in the first sentence of Section 3.03(21) and Sections 3.03(41) and (52) hereof, shall be deemed to materially and adversely affect the value of the related Mortgage Loan and the interest of the Purchaser therein. With respect to the representations and warranties contained in Section 3.03 that are made to the Seller’s knowledge, if it is discovered by either the Seller or the Purchaser that the substance of such representation and warranty is inaccurate and such inaccuracy materially and adversely affects the value of the related Mortgage Loan or the interests of the Purchaser therein, the Purchaser shall be entitled to all the remedies to which it would be entitled for a breach of such representation or warranty, including, without limitation, the repurchase requirements contained herein, notwithstanding Seller’s lack of knowledge with respect to the inaccuracy at the time the representation or warranty was made.

 

(ii) Clause (ii) of the second sentence of the third paragraph of Section 3.04 shall be amended and replaced, to read in its entirety as follows:

 

(ii) except for a breach of the representation and warranty in Section 3.03(52) hereof, make an indemnification payment to Purchaser in an amount equal to the reduction in value of such Mortgage Loan as a result of such breach.

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(iii) The last sentence of the third paragraph of Section 3.04 shall be amended and replaced, to read in its entirety as follows:

 

If the breach of representation and warranty that gave rise to the obligation to repurchase or substitute a Mortgage Loan pursuant to this Section 3.04 was the representation and warranty set forth in clause (9) or (41) of Section 3.03 hereof, then the Seller shall pay to the Purchaser, concurrently with and in addition to the remedies provided in this Section 3.04, an amount equal to any liability, penalty or expense that was actually incurred and paid out of or on behalf of the Purchaser, and that directly resulted from such breach, or if incurred and paid by or on behalf of the Purchaser thereafter, concurrently with such payment.

 

(e) Section 5.01 Servicing Standards; Additional Documents; Consent of Purchaser.

 

(i) The first sentence of Section 5.01(3)(c) shall be amended and replaced, to read in its entirety as follows:

 

(c) consistent with the terms of this Agreement, and subject to the REMIC Provisions if the Mortgage Loans have been transferred to a REMIC, the Servicer may waive, modify or vary any term of any Mortgage Loan or consent to the postponement of strict compliance with any such term or in any manner grant indulgence to any Mortgagor; provided, however, that (unless the Mortgagor is in default with respect to the Mortgage Loan, or such default is, in the judgment of the Servicer, imminent, and the Servicer has received the express written consent of the Purchaser) the Servicer shall not enter into any payment plan or agreement to modify payments with a Mortgagor lasting more than twelve (12) months or permit any modification with respect to any Mortgage Loan that would change the Mortgage Interest Rate, the Maximum Rate (if applicable), the Initial Rate Cap (if applicable), the Periodic Rate Cap (if applicable) or the Gross Margin (if applicable), agree to the capitalization of arrearages, including interest, fees or expenses owed under the Mortgage Loan, make any future advances or extend the final maturity date with respect to such Mortgage Loan, or accept substitute or additional collateral or release any collateral for such Mortgage Loan.

 

(ii) The first three sentences of Section 5.01(3)(h) shall be amended and replaced, to read in their entirety as follows:

 

(h) notwithstanding anything to the contrary contained herein, in connection with a foreclosure or acceptance of a deed in lieu of foreclosure, in the event the Servicer has reasonable cause to believe that a Mortgaged Property is contaminated by hazardous or toxic substances or wastes, or if the Purchaser otherwise requests an Environmental Assessment or review of such Mortgaged Property, such Environmental Assessment or review shall be conducted at the Purchaser’s expense or shall be reimbursable as a Servicing Advance. Upon completion of the Environmental Assessment, the Servicer shall promptly provide the Purchaser with a written report of the Environmental Assessment. In the event (a) the Environmental Assessment report indicates that the Mortgaged Property is contaminated by hazardous or toxic substances or wastes and (b) the Purchaser provides written approval for the Servicer to proceed with foreclosure or acceptance of a deed in lieu of foreclosure, the Servicer shall be reimbursed for all reasonable costs associated with such foreclosure or acceptance of a deed in lieu of foreclosure and any related environmental clean up costs, as applicable, from the related Liquidation Proceeds, or if the Liquidation Proceeds are insufficient to fully reimburse the Servicer, the Servicer shall be entitled to be reimbursed from amounts in the Collection Account pursuant to Section 5.05 hereof; provided, however, that if the costs associated with the environmental clean up are projected to exceed $10,000, the Servicer shall notify the Purchaser and shall have no obligation to proceed with foreclosure or acceptance of a deed in lieu of foreclosure, or otherwise remediate or incur any such clean up costs.

14
 

(f) Section 5.08 Payment of Taxes, Insurance and Other Charges; Maintenance of Primary Insurance Policies; Collections Thereunder.

 

(i) The first sentence of the second paragraph of Section 5.08 shall be amended and replaced, to read in its entirety as follows:

 

With respect to each Mortgage Loan with a Loan-to-Value Ratio in excess of 80%, the Servicer shall promptly, without any cost to the Purchaser, maintain in full force and effect a Primary Insurance Policy, conforming in all respects to the description set forth in Section 3.03(30) hereof, issued by an insurer described in that Section, with respect to each Mortgage Loan for which such coverage is required.

 

(ii) The fourth sentence of the second paragraph of Section 5.08 shall be amended and replaced, to read in its entirety as follows:

 

The Servicer shall not cancel or refuse to renew any Primary Insurance Policy in effect on the Funding Date that is required to be kept in force under this Agreement unless a replacement Primary Insurance Policy for such canceled or nonrenewed policy is obtained from and maintained with an insurer that satisfies the standards set forth in Section 3.03(30) hereof.

 

15
 

(g) Section 5.13 Realization Upon Specially Serviced Mortgage Loans and REO Properties. The second sentence of the first paragraph of Section 5.13 shall be amended and replaced, to read in its entirety as follows:

 

In the event that any payment due under any Mortgage Loan remains delinquent for a period of 45 days, the Servicer shall order an inspection of the related Mortgaged Property and, except with respect to any Mortgage Loan for which the Servicer is in the process of modifying or has modified the terms of such Mortgage Loan, if the Mortgage Loan remains delinquent for a period of 90 days or more, the Servicer shall commence foreclosure proceedings in accordance with Customary Servicing Procedures and the guidelines set forth by Fannie Mae, Freddie Mac, or FHFA, and FHA or VA, as applicable.

 

(h) Section 8.02 Purchaser Financial Statements. Section 8.02 shall be amended and replaced, to read in its entirety as follows:

 

Section 8.02 [Reserved].

 

(i) Section 11.01 Term and Termination. Clause (2) of Section 11.01 shall be amended and replaced, to read in its entirety as follows:

 

(2) In any case other than as provided under clause (1) hereof, the obligations and responsibilities of the Servicer hereunder shall terminate upon: the later of (a)(I) the final payment or other liquidation (or any advance with respect thereto) of the last Mortgage Loan and (II) the disposition of all REO Property and the remittance of all funds due hereunder and (b) the exercise of a party of its Clean-up Call (as such term is defined in the Pooling and Servicing Agreement).

 

(j) REMIC Provisions.

 

(i) The following definition of “REMIC Provisions” is hereby added to Section 1.01 of the Purchase and Servicing Agreement (capitalized terms not defined in the Purchase and Servicing Agreement to be as defined in the Pooling and Servicing Agreement):

 

REMIC Provisions: Sections 860A through 860G of the Internal Revenue Code; such other provisions of the Code as relate to an entity created thereunder; the regulations promulgated pursuant such sections and provisions of the Code; and published guidance issued by the Internal Revenue Service relating to such Code sections and regulations.

 

(ii) The following additional provisions shall be added after Section 7.07, to read in its entirety as follows:

 

Section 7.08 Compliance with REMIC Provisions

 

If a REMIC election has been made with respect to the arrangement under which the Mortgage Loans and REO Property are held, the Servicer shall not take any action, cause the REMIC to take any action or fail to take (or fail to cause to be taken) any action that, under the REMIC Provisions, if taken or not taken, as the case may be, could (i) endanger the status of the REMIC as a REMIC or (ii) result in the imposition of a tax upon the REMIC (including but not limited to the tax on “prohibited transactions” as defined in Section 860F(a)(2) of the Code and the tax on “contributions” to a REMIC set forth in Section 860G(d) of the Code) unless the Servicer has received an Opinion of Counsel (at the expense of the party seeking to take such action) to the effect that the contemplated action will not endanger such REMIC status or result in the imposition of any such tax.

16
 

(iii) The following paragraph shall be added to the end of Section 11.13, to read in its entirety as follows:

 

If a Mortgage Loan is held by a REMIC, the Servicer shall not acquire any real property (or personal property incident to such real property) in respect of such Mortgage Loan except in connection with a default or imminent default of such Mortgage Loan. In the event that a REMIC acquires any real property (or personal property incident to such real property) in connection with a default or imminent default of a Mortgage Loan, such property shall be disposed of by the Servicer as soon as practicable in a manner that, consistent with prudent mortgage loan servicing practices, maximizes the net present value of the recovery to the Trust, but in any event within three years after its acquisition by such REMIC unless the Servicer provides to the Purchaser and the Trustee and the Securities Administrator under the Pooling and Servicing Agreement an Opinion of Counsel to the effect that the holding by such REMIC of such Mortgaged Property subsequent to three years after its acquisition will not result in the imposition of taxes on “prohibited transactions” on such REMIC as defined in Section 860F of the Code or under the law of any state in which real property securing a Mortgage Loan owned by such REMIC is located or cause such REMIC to fail to qualify as a REMIC for federal income tax purposes or for state tax purposes under the laws of any state in which real property securing a Mortgage Loan owned by such REMIC is located at any time that any mortgage pass-through certificates representing interests in such REMIC are outstanding. The Servicer shall conserve, protect and operate each such property for such REMIC solely for the purpose of its prompt disposition and sale in a manner which does not cause such property to fail to qualify as “foreclosure property” within the meaning of Section 860G(a)(8) or result in the receipt by such REMIC of any “income from non-permitted assets” within the meaning of Section 860F(a)(2)(B) of the Code or any “net income from foreclosure property” which is subject to taxation under the REMIC Provisions. Pursuant to its efforts to sell such property, the Servicer shall either itself or through an agent selected by the Servicer protect and conserve such property in the same manner and to such extent as is customary in the locality where such property is located and may, incident to its conservation and protection of the assets of the Trust, rent the same, or any part thereof, as the Servicer deems to be in the best interest of the Trust for the period prior to the sale of such property. Additionally, the Servicer shall perform the tax withholding and shall file information returns with respect to the receipt of mortgage interests received in a trade or business, the reports of foreclosures and abandonments of any Mortgaged Property and the information returns relating to cancellation of indebtedness income with respect to any Mortgaged Property required by Sections 6050H, 6050J and 6050P, respectively, of the Code, and deliver to the Purchaser and the Trustee and the Securities Administrator under the Pooling and Servicing Agreement an Officers’ Certificate on or before March 31 of each year stating that such reports have been filed. Such reports shall be in form and substance sufficient to meet the reporting requirements imposed by Sections 6050H, 6050J and 6050P of the Code.

17
 

(k) Form of Monthly Report. The Servicer shall provide monthly accounting reports to the Purchaser and Master Servicer, pursuant to Section 6.02 of the Purchase and Servicing Agreement, with the information included in the ASF RMBS Reporting Package issued by the American Securitization Forum on July 15, 2009, as revised from time to time, to the extent available.

 

(l) Avoidance of Consolidation.

 

(i) An additional “Event of Default” shall be listed in Section 10.01, to be inserted after clause (10), to read in its entirety as follows:

 

or (11) the purchase or holding of any securities issued in a Securitization Transaction by any Servicer that is an insured depository institution, as such term is defined in the Federal Deposit Insurance Act (an “insured depository institution”) (any Servicer that is an insured depository institution, an “IDI Servicer”) such that the IDI Servicer is required to consolidate any of the Mortgage Loans on its financial statements under U.S. generally accepted accounting principles;

 

(ii) The following Section 9.05 shall be inserted after Section 9.04, to read in its entirety as follows:

 

Section 9.05 Avoidance of Consolidation.

 

(a) Each IDI Servicer hereby covenants and agrees that it shall not hold or purchase any certificate (a “Certificate”) issued by the trust created by the Pooling and Servicing Agreement referred to herein (the “Trust”) as part of the initial offering of Certificates or if its holding or purchase of such Certificate (or interest therein) would cause such IDI Servicer to be required to consolidate any assets of the issuing entity on its financial statements under U.S. generally accepted accounting principles (“Consolidate” or “Consolidation”). Any IDI Servicer shall be deemed to have represented by virtue of its purchase or holding of such Certificate (or interest therein) that its holding or purchase of such Certificate (or interest therein) will not cause such IDI Servicer to be required to Consolidate any assets of the issuing entity on its financial statements.

18
 

If an IDI Servicer's holding or purchase of a Certificate (or interest therein) does in fact cause such Consolidation, then the last preceding transferee that is not required to Consolidate shall be restored, to the extent permitted by law, to all rights and obligations as owner of such Certificate retroactive to the date of such transfer of such Certificate. If an IDI Servicer holds or purchases a Certificate (or interest therein) in violation of the restrictions in this Section 9.05 and to the extent that the retroactive restoration of the rights of the owner of such Certificate as described in the immediately preceding sentence shall be invalid, illegal or unenforceable, then the Securities Administrator shall have the right, without notice to the owner or any prior owner of such Certificate, to sell such Certificate to a purchaser selected by the Securities Administrator on such terms as the Securities Administrator may choose. The IDI Servicer shall promptly endorse and deliver such Certificate in accordance with the instructions of the Securities Administrator. The proceeds of such sale, net of the commissions (which may include commissions payable to the Securities Administrator or its affiliates), expenses and taxes due, if any, shall be remitted by the Securities Administrator to the IDI Servicer. The terms and conditions of any sale under this Section 9.05 shall be determined in the sole discretion of the Securities Administrator, and the Securities Administrator shall not be liable to any owner of a Certificate as a result of its exercise of such discretion. The IDI Servicer shall indemnify and hold harmless the Depositor and the Trust from and against any and all losses, liabilities, claims, costs or expenses incurred by such parties as a result of such holding or purchase resulting in a Consolidation.

 

(b) The Servicer covenants and agrees that it shall not transfer its servicing rights and duties under this Agreement to an insured depository institution (an insured depository institution in such capacity, a “servicer transferee”) unless the Servicer shall have received a representation from the servicer transferee that the acquisition of such servicing rights and duties will not cause the servicer transferee to be required to Consolidate any assets of the Trust on its financial statements. Any servicer transferee shall be deemed to have represented by virtue of its acquisition of such servicing rights and duties that such acquisition will not cause Consolidation. Any servicer transferee whose acquisition of such servicing rights and duties was effected in violation of the restrictions in this Section 9.05 shall indemnify and hold harmless the Servicer, the Depositor and the Trust from and against any and all losses, liabilities, claims, costs or expenses incurred by such parties as a result of such acquisition.

 

(m) The Designated Guidelines attached as Exhibit 1.01 are hereby removed from the Purchase and Servicing Agreement and the reference to Designated Guidelines in the Table of Contents shall be replaced with “[Reserved.]”

19
 

(n) The first sentence of Section 5.14 is hereby deleted and replaced in its entirety with the following:

 

If title to any Mortgaged Property is acquired in foreclosure or by deed in lieu of foreclosure (each, an “REO Property”), the deed or certificate of sale shall be taken in the name of the Trust, where permitted by applicable law or regulation, and where not so permitted, in the name of the trustee of the Trust or its nominee.

 

(o) Servicer Reports. The Servicer shall provide monthly reports to the Purchaser pursuant to Section 6.02 in the formats attached hereto as Exhibits 13 and 14, or in such other format as the Servicer, the Purchaser and the Depositor shall agree in writing.

 

(p) Indemnification Expenses. The second sentence of Section 9.01 is hereby deleted and replaced in its entirety with the following:

 

The Seller or Servicer, as the case may be, shall immediately (i) notify the Purchaser if a claim is made by a third party with respect to this Agreement, any Mortgage Loan and/or any REO Property (ii) assume the defense of any such claim and pay all expenses in connection therewith, including attorneys’ fees, and (iii) promptly pay, discharge and satisfy any judgment, award, or decree that may be entered against it or the Purchaser in respect of such claim.

 

19. The rights under the Purchase and Servicing Agreement assigned to the Depositor and the Assignee pursuant to this Agreement shall be under the Purchase and Servicing Agreement as amended by this Agreement.

 

 

Miscellaneous

 

20. All demands, notices and communications related to the Mortgage Loans, the Purchase and Servicing Agreement and this Agreement shall be in writing and shall be deemed to have been duly given if personally delivered at or mailed by registered mail, postage prepaid, as follows:

 

(a)In the case of PHH,

 

PHH Mortgage Corporation

One Mortgage Way

Mount Laurel, New Jersey 08054

Attention: Vice President Servicing

 

with a copy to

 

PHH Mortgage Corporation

One Mortgage Way

Mount Laurel, New Jersey 08054

Attention: Fred Kinkler, Assistant General Counsel

20
 
(b)In the case of Assignee,

 

U.S. Bank National Association

60 Livingston Avenue

EP-MN-WS3D

St. Paul, Minnesota, 55107

Attention: Structured Finance – Sequoia Mortgage Loan Trust 2012-2

 

(c)In the case of Depositor,

 

Sequoia Residential Funding, Inc.

One Belvedere Place, Suite 360

Mill Valley, California 94941

Attention: William Moliski

 

with a copy to

 

General Counsel at the same address

 

(d)In the case of Assignor,

 

Redwood Residential Acquisition Corporation

One Belvedere Place, Suite 360

Mill Valley, California 94941

Attention: William Moliski

 

with a copy to

 

General Counsel at the same address

 

(e)In the case of the Master Servicer,

 

Wells Fargo Bank, N.A.

9062 Old Annapolis Road

Columbia, Maryland 21045

 

Telephone number: (410) 884-2000

Facsimile number: (410) 715-2380

Attention: Client Manager -- Sequoia Mortgage Trust 2012-2

 

21
 
(f)In the case of the Controlling Holder,

 

Sequoia Mortgage Funding Corporation

One Belvedere Place, Suite 360

Mill Valley, California 94941

Attention: William Moliski

 

with a copy to

 

General Counsel at the same address

 

21. This Agreement shall be construed in accordance with the laws of the State of New York, except to the extent preempted by Federal law, and the obligations, rights and remedies of the parties hereunder shall be determined in accordance with such laws, without regard to the conflicts of laws provisions of the State of New York or any other jurisdiction.

 

22. No term or provision of this Agreement may be waived or modified unless such waiver or modification is in writing and signed by the party against whom such waiver or modification is sought to be enforced.

 

23. This Agreement shall inure to the benefit of the successors and assigns of the parties hereto. Any entity into which Assignor, Depositor, Assignee or PHH may be merged or consolidated shall, without the requirement for any further writing, be deemed Assignor, Depositor, Assignee or PHH, respectively, hereunder.

 

24. This Agreement shall survive the conveyance of the Mortgage Loans, the assignment the Purchase and Servicing Agreement by Assignor to Assignee, and the termination of the Purchase and Servicing Agreement.

 

25. This Agreement may be executed simultaneously in any number of counterparts. Each counterpart shall be deemed to be an original, and all such counterparts shall constitute one and the same instrument.

 

26. The Controlling Holder under the Pooling and Servicing Agreement is an express third party beneficiary of this Agreement, and shall have the same power and ability to exercise and enforce the rights stated to be provided to it hereunder as if it were a signatory hereto. PHH hereby consents to such exercise and enforcement.

 

27. It is expressly understood and agreed by the parties hereto that insofar as this Agreement is executed by the Trustee as the Assignee (i) this Agreement is executed and delivered by U.S. Bank National Association (“U.S. Bank”) not in its individual capacity but solely as Trustee on behalf of the trust created by the Pooling and Servicing Agreement referred to herein (the “Trust”) in the exercise of the powers and authority conferred upon and vested in it, and as directed in the Pooling and Servicing Agreement, (ii) each of the undertakings and agreements herein made on behalf of the Trust is made and intended not as a personal undertaking or agreement of or by U.S. Bank but is made and intended for purposes of binding only the Trust, (iii) nothing herein contained shall be construed as creating any liability on the part of U.S. Bank, individually or personally, to perform any covenant either express or implied in this Agreement, all such liability, if any, being expressly waived by the parties hereto and by any person claiming by, through or under the parties hereto, and (iv) under no circumstances shall U.S. Bank in its individual capacity or in its capacity as Trustee be personally liable for the payment of any indebtedness, amounts or expenses owed by the Purchaser under the Servicing Agreement (such indebtedness, expenses and other amounts being payable solely from and to the extent of funds of the Trust) or be personally liable for the breach or failure of any obligation, representation, warranty or covenant made under this Agreement or any other related documents.

22
 

28. Master Servicer. PHH hereby acknowledges that the Assignee has appointed Wells Fargo Bank, N.A. to act as master servicer and securities administrator under the Pooling and Servicing Agreement and hereby agrees to treat all inquiries, demands, instructions, authorizations and other communications from the Master Servicer as if the same had been received from the Assignee. The Master Servicer, acting on behalf of the Assignee, shall have the rights of the Assignee hereunder and the rights of the Assignee as the Purchaser under the Purchase and Servicing Agreement, including, without limitation, the right to enforce the obligations of the Seller and Servicer hereunder and thereunder and the right to exercise the remedies of the Purchaser hereunder and thereunder, except to the extent such rights have been retained by the Assignor under Section 16 hereof.

 

29. PHH shall make all remittances due by it to the Purchaser with respect to the Mortgage Loans to the following account by wire transfer of immediately available funds:

 

Wells Fargo Bank, N.A.

San Francisco, California

ABA# 121-000-248

Account #3970771416

Account Name: SAS Clearing

FFC: Account #6188200, Sequoia Mortgage Trust 2012-2 Distribution Account

 

30. PHH acknowledges that the custodian will be Wells Fargo Bank, N.A. acting pursuant to the Custodial Agreement. Requests for Mortgage Loan Documents under Section 2.04 of the Purchase and Servicing Agreement shall be directed to Wells Fargo Bank, N.A., as custodian, using the form of Request for Release in the form of Exhibit F hereto. PHH shall provide the Custodian with the specimen signatures of PHH's authorized servicing representatives using the form in Exhibit D-3 hereto. Notwithstanding Section 2.04 of the Purchase and Servicing Agreement, PHH shall pay shipping expenses for any Mortgage Loan Documents if there has been a breach of any representation or warranty made with respect to the related Mortgage Loan in Section 3.03 of the Purchase and Servicing Agreement.

23
 

31. Assignor hereby requests that PHH furnish each Mortgagor with the notice described in Section 2.07 of the Purchase and Servicing Agreement, in accordance with the terms of Section 2.07 therein, and PHH hereby covenants that it shall furnish each Mortgagor with such notice as provided therein.

 

32. PHH hereby agrees that it shall provide information with respect to the Mortgage Loans or the origination or servicing thereof to any Rating Agency or nationally recognized statistical rating organization (“NRSRO”) via electronic mail at rmbs17g5informationprovider@wellsfargo.com, with a subject reference of “SEMT 2012-2” and an identification of the type of information being provided in the body of such electronic mail. The Securities Administrator, as the initial Rule 17g-5 Information Provider (the “Rule 17g-5 Information Provider”) shall notify PHH in writing of any change in the identity or contact information of the Rule 17g-5 Information Provider. PHH shall have no liability for (i) the Rule 17g-5 Information Provider’s failure to post information provided by it in accordance with the terms of this Agreement or (ii) any malfunction or disabling of the website maintained by the Rule 17g-5 Information Provider. None of the foregoing restrictions in this Section 31 prohibit or restrict oral or written communications, or providing information, between PHH, on the one hand, and any Rating Agency or NRSRO, on the other hand, with regard to (i) such Rating Agency’s or NRSRO’s review of the ratings it assigns to PHH, (ii) such Rating Agency’s or NRSRO’s approval of PHH as a residential mortgage master, special or primary servicer, or (iii) such Rating Agency’s or NRSRO’s evaluation of PHH’s origination or servicing operations in general; provided, however, that PHH shall not provide any information relating to the Mortgage Loans to such Rating Agency or NRSRO in connection with such review and evaluation by such Rating Agency or NRSRO unless: (x) borrower, property or deal specific identifiers are redacted; or (y) such information has already been provided to the Rule 17g-5 Information Provider.

 

[REMAINDER OF THIS PAGE INTENTIONALLY LEFT BLANK]

24
 

 

IN WITNESS WHEREOF, the parties hereto have executed this Agreement the day and year first above written.

 

 

 

 

REDWOOD RESIDENTIAL ACQUISITION
CORPORATION

Assignor

 

By:/s/ William Moliski             

Name: William Moliski             

Title: Authorized Officer               

 

 

SEQUOIA RESIDENTIAL FUNDING, INC.

Depositor

 

By: /s/ William Moliski           

Name: William Moliski            

Title: Authorized Officer               

 

 

U.S. BANK NATIONAL ASSOCIATION, not in its
individual capacity but solely as Trustee,

Assignee

 

By: /s/ John L. Linssen               

Name: John L. Linssen                

Title: Vice President                     

 

 

PHH Mortgage Corporation

 

By: /s/ Allyn Brown                      

Name: Allyn Brown                       

Title: Vice President                      

 

Accepted and agreed to by:

 

WELLS FARGO BANK, N.A.

Master Servicer

 

By: /s/ Graham M. Oglesby                                                                 

Name: Graham M. Oglesby                                                            

Title: Vice President                                                              

 

25
 

ATTACHMENT 1

 

MORTGAGE LOAN SCHEDULE

 

1
 

 

KEY Primary Servicer Servicing Fee % Servicing Fee—Flatdollar Servicing Advance Methodology Originator Loan Group Loan Number Servicer Loan Number Amortization Type Lien Position HELOC Indicator Loan Purpose
1 1000200 0.0025     1000200 1 2000001906 7123158854 1 1 0 7
2 1000200 0.0025     1000200 1 2000001698 7122801413 1 1 0 9
3 1000200 0.0025     1000200 1 2000001298 7122450732 1 1 0 9
4 1000200 0.0025     1000200 1 2000001749 7121249382 1 1 0 7
5 1000200 0.0025     1000200 1 2000001865 7123069945 1 1 0 9
6 1000200 0.0025     1000200 1 2000001782 7122968667 1 1 0 7
7 1000200 0.0025     1000200 1 2000001921 7122879120 1 1 0 7
8 1000200 0.0025     1000200 1 2000001653 7122781219 1 1 0 7
9 1000200 0.0025     1000200 1 2000001640 7114685766 1 1 0 9
10 1000200 0.0025     1000200 1 2000001676 5050458610 1 1 0 7
11 1000200 0.0025     1000200 1 2000002138 7123161031 1 1 0 7
12 1000200 0.0025     1000200 1 2000002058 7123224946 1 1 0 7
13 1000200 0.0025     1000200 1 2000002255 7123318243 1 1 0 7
14 1000200 0.0025     1000200 1 2000001218 7122338366 1 1 0 9
15 1000200 0.0025     1000200 1 2000001354 7122589844 1 1 0 9
16 1000200 0.0025     1000200 1 2000001435 7122625549 1 1 0 3
17 1000200 0.0025     1000200 1 2000001619 5040449679 1 1 0 9
18 1000200 0.0025     1000200 1 2000001775 7122964005 1 1 0 9
19 1000200 0.0025     1000200 1 2000001893 7123149051 1 1 0 7
20 1000200 0.0025     1000200 1 2000001764 5040459397 1 1 0 9
21 1000200 0.0025     1000200 1 2000001945 7123155892 1 1 0 7
22 1000200 0.0025     1000200 1 2000002043 7115169695 1 1 0 7
23 1000200 0.0025     1000200 1 2000002082 7123236262 1 1 0 7
24 1000200 0.0025     1000200 1 2000002071 7123233004 1 1 0 7
25 1000200 0.0025     1000200 1 2000002087 7123245396 1 1 0 7
26 1000200 0.0025     1000200 1 2000002120 7123182383 1 1 0 7
27 1000200 0.0025     1000200 1 2000002122 5040540303 1 1 0 9
28 1000200 0.0025     1000200 1 2000002226 7123287430 1 1 0 7
29 1000200 0.0025     1000200 1 2000002065 7123231768 1 1 0 7
30 1000200 0.0025     1000200 1 2000001350 5040434879 1 1 0 9
31 1000200 0.0025     1000200 1 2000002141 7115342870 1 1 0 7
32 1000200 0.0025     1000200 1 2000001191 7122333359 1 1 0 9
33 1000200 0.0025     1000200 1 2000001713 7122354785 1 1 0 9
34 1000200 0.0025     1000200 1 2000001811 7122522597 1 1 0 9
35 1000200 0.0025     1000200 1 2000001569 7122628782 1 1 0 9
36 1000200 0.0025     1000200 1 2000001730 7122878973 1 1 0 9
37 1000200 0.0025     1000200 1 2000001761 7122881274 1 1 0 3
38 1000200 0.0025     1000200 1 2000001904 7123066891 1 1 0 9
39 1000200 0.0025     1000200 1 2000001900 7123150612 1 1 0 6
40 1000200 0.0025     1000200 1 2000001932 7123154903 1 1 0 9
41 1000200 0.0025     1000200 1 2000002042 7123224110 1 1 0 9
42 1000200 0.0025     1000200 1 2000002055 7123225117 1 1 0 9
43 1000200 0.0025     1000200 1 2000002217 7123289030 1 1 0 9
44 1000200 0.0025     1000200 1 2000002410 7123332632 1 1 0 9
45 1000200 0.0025     1000200 1 2000002400 7123372497 1 1 0 7
46 1000200 0.0025     1000200 1 2000002530 7123492568 1 1 0 7
47 1000200 0.0025     1000200 1 2000002277 5040546151 1 1 0 9
48 1000200 0.0025     1000200 1 2000002284 7122969798 1 1 0 3
49 1000200 0.0025     1000200 1 2000002124 7123200136 1 1 0 7
50 1000200 0.0025     1000200 1 2000002401 7123373024 1 1 0 7

 

KEY Cash Out Amount Total Origination and Discount Points Covered/High Cost Loan Indicator Relocation Loan Indicator Broker Indicator Channel Escrow Indicator Senior Loan
Amount(s)
Loan Type of Most
Senior Lien
Hybrid Period of
Most Senior Lien (in
months)
1           1 4 0    
2           1 4 0    
3           1 0 0    
4           1 0 0    
5           1 4 0    
6           1 0 0    
7           1 4 0    
8           1 4 0    
9           1 0 0    
10           1 0 0    
11           1 4 0    
12           1 4 0    
13           1 4 0    
14           1 0 0    
15           1 4 0    
16           1 0 0    
17           1 0 0    
18           1 0 0    
19           1 0 0    
20           1 4 0    
21           1 4 0    
22           1 4 0    
23           1 0 0    
24           1 0 0    
25           1 4 0    
26           1 0 0    
27           1 4 0    
28           1 0 0    
29           1 0 0    
30           1 4 0    
31           1 0 0    
32           1 4 0    
33           1 0 0    
34           1 0 0    
35           1 0 0    
36           1 4 0    
37           1 0 0    
38           1 0 0    
39           1 4 0    
40           1 0 0    
41           1 4 0    
42           1 0 0    
43           1 4 0    
44           1 0 0    
45           1 4 0    
46           1 4 0    
47           1 4 0    
48           1 4 0    
49           1 4 0    
50           1 4 0    

 

KEY Neg Am Limit of
Most Senior Lien
Junior Mortgage
Balance
Origination Date of
Most Senior Lien
Origination Date Original Loan
Amount
Original Interest
Rate
Original
Amortization Term
Original Term to
Maturity
First Payment Date
of Loan
Interest Type
Indicator
Original Interest
Only Term
Buy Down Period HELOC Draw Period
1   0.00   20111114 609,200.00 0.0475 360 360 20120101 1 0 0  
2   0.00   20111110 841,230.00 0.0475 360 360 20120101 1 0 0  
3   0.00   20111111 1,326,420.00 0.0475 360 360 20120101 1 0 0  
4   0.00   20111117 810,000.00 0.0463 360 360 20120101 1 0 0  
5   0.00   20111124 472,000.00 0.0500 360 360 20120101 1 0 0  
6   0.00   20111123 620,000.00 0.0488 360 360 20120101 1 0 0  
7   0.00   20111117 999,999.00 0.0500 360 360 20120101 1 0 0  
8   0.00   20111114 999,999.00 0.0488 360 360 20120101 1 0 0  
9   0.00   20111101 1,080,000.00 0.0500 360 360 20120101 1 0 0  
10   0.00   20110929 800,000.00 0.0463 360 360 20111101 1 0 0  
11   0.00   20111213 999,900.00 0.0475 360 360 20120201 1 0 0  
12   0.00   20111223 639,600.00 0.0450 360 360 20120201 1 0 0  
13   0.00   20120106 562,500.00 0.0488 360 360 20120301 1 0 0  
14   350,000.00   20111114 998,353.70 0.0475 360 360 20120101 1 0 0  
15   0.00   20111118 939,656.00 0.0488 360 360 20120101 1 0 0  
16   406,500.00   20111118 608,285.00 0.0463 360 360 20120101 1 0 0  
17   0.00   20111130 1,367,240.00 0.0450 360 360 20120101 1 0 0  
18   0.00   20111128 770,000.00 0.0463 360 360 20120101 1 0 0  
19   0.00   20111208 583,200.00 0.0513 360 360 20120201 1 0 0  
20   0.00   20111223 892,500.00 0.0475 360 360 20120201 1 0 0  
21   0.00   20111201 825,000.00 0.0488 360 360 20120101 1 0 0  
22   0.00   20111121 2,000,000.00 0.0475 360 360 20120101 1 0 0  
23   0.00   20111209 600,000.00 0.0463 360 360 20120201 1 0 0  
24   0.00   20111208 580,000.00 0.0463 360 360 20120201 1 0 0  
25   0.00   20111130 542,500.00 0.0425 360 360 20120101 1 0 0  
26   0.00   20111202 838,035.00 0.0438 360 360 20120201 1 0 0  
27   152,500.00   20111230 562,250.00 0.0463 360 360 20120201 1 0 0  
28   0.00   20111228 437,500.00 0.0463 360 360 20120201 1 0 0  
29   0.00   20111227 520,000.00 0.0463 360 360 20120201 1 0 0  
30   57,000.00   20111215 633,000.00 0.0475 360 360 20120201 1 0 0  
31   0.00   20111212 1,240,000.00 0.0475 360 360 20120201 1 0 0  
32   97,916.82   20111209 895,683.18 0.0488 360 360 20120201 1 0 0  
33   0.00   20120120 544,462.21 0.0438 360 360 20120301 1 0 0  
34   225,000.00   20120106 525,800.00 0.0475 360 360 20120301 1 0 0  
35   115,000.00   20111230 918,500.00 0.0475 360 360 20120201 1 0 0  
36   0.00   20111121 686,120.00 0.0450 360 360 20120101 1 0 0  
37   340,000.00   20111212 580,056.00 0.0463 360 360 20120201 1 0 0  
38   0.00   20120104 1,000,000.00 0.0500 360 360 20120301 1 0 0  
39   0.00   20111209 456,000.00 0.0475 360 360 20120201 1 0 0  
40   0.00   20111223 968,616.00 0.0500 360 360 20120201 1 0 0  
41   0.00   20120120 744,000.00 0.0463 360 360 20120301 1 0 0  
42   0.00   20111230 634,500.00 0.0463 360 360 20120201 1 0 0  
43   0.00   20120123 804,532.00 0.0463 360 360 20120301 1 0 0  
44   0.00   20120207 475,000.00 0.0488 360 360 20120401 1 0 0  
45   0.00   20120103 708,000.00 0.0475 360 360 20120301 1 0 0  
46   0.00   20120130 640,000.00 0.0450 360 360 20120301 1 0 0  
47   0.00   20120207 854,200.00 0.0463 360 360 20120401 1 0 0  
48   0.00   20120125 349,600.00 0.0475 360 360 20120301 1 0 0  
49   0.00   20111201 940,000.00 0.0513 360 360 20120201 1 0 0  
50   0.00   20120213 1,304,250.00 0.0463 360 360 20120401 1 0 0  

 

KEY Current Loan
Amount
Current Interest
Rate
Current Payment
Amount Due
Interest Paid
Through Date
Current Payment
Status
Index Type ARM Look-back
Days
Gross Margin ARM Round Flag ARM Round Factor Initial Fixed Rate
Period
Initial Interest Rate
Cap (Change Up)
Initial Interest Rate
Cap (Change Down)
1 606,891.50 0.0475 3,177.88 20120301 0 0              
2 838,042.24 0.0475 4,388.26 20120301 0 0              
3 1,321,393.67 0.0475 6,919.24 20120301 0 0              
4 806,859.93 0.0463 4,164.54 20120301 0 0              
5 468,764.38 0.0500 2,533.80 20120301 0 0              
6 617,703.64 0.0488 3,281.10 20120301 0 0              
7 996,379.29 0.0500 5,368.22 20120301 0 0              
8 996,295.25 0.0488 5,292.08 20120301 0 0              
9 1,076,090.74 0.0500 5,797.67 20120301 0 0              
10 794,811.22 0.0463 4,113.12 20120301 0 0              
11 997,378.98 0.0475 5,215.96 20120301 0 0              
12 637,912.32 0.0450 3,240.76 20120301 0 0              
13 561,808.36 0.0488 2,976.80 20120301 0 0              
14 993,982.85 0.0475 5,207.89 20120301 0 0              
15 936,175.74 0.0488 4,972.74 20120301 0 0              
16 605,926.90 0.0463 3,127.44 20120301 0 0              
17 1,361,818.34 0.0450 6,927.61 20120301 0 0              
18 767,015.01 0.0463 3,958.88 20120301 0 0              
19 581,827.68 0.0513 3,175.45 20120301 0 0              
20 888,245.80 0.0475 4,655.71 20120301 0 0              
21 821,944.39 0.0488 4,365.97 20120301 0 0              
22 1,992,421.24 0.0475 10,432.95 20120301 0 0              
23 598,452.34 0.0463 3,084.84 20120301 0 0              
24 578,503.94 0.0463 2,982.01 20120301 0 0              
25 540,249.77 0.0425 2,668.78 20120301 0 0              
26 835,773.18 0.0438 4,184.19 20120301 0 0              
27 560,799.73 0.0463 2,890.75 20120301 0 0              
28 435,995.86 0.0463 2,249.37 20120301 0 0              
29 518,658.70 0.0463 2,673.53 20120301 0 0              
30 630,400.07 0.0475 3,302.03 20120301 0 0              
31 1,236,371.65 0.0475 6,468.43 20120301 0 0              
32 893,476.07 0.0488 4,740.03 20120301 0 0              
33 543,728.81 0.0438 2,718.42 20120301 0 0              
34 525,138.46 0.0475 2,742.83 20120301 0 0              
35 915,266.06 0.0475 4,791.34 20120301 0 0              
36 683,399.26 0.0450 3,476.47 20120301 0 0              
37 578,559.78 0.0463 2,982.30 20120301 0 0              
38 998,798.45 0.0500 5,368.22 20120301 0 0              
39 454,850.29 0.0475 2,378.72 20120301 0 0              
40 966,283.45 0.0500 5,199.75 20120301 0 0              
41 743,042.30 0.0463 3,825.20 20120301 0 0              
42 632,863.35 0.0463 3,262.22 20120301 0 0              
43 803,496.38 0.0463 4,136.42 20120301 0 0              
44 475,000.00 0.0488 2,513.74 20120301 0 0              
45 707,109.23 0.0475 3,693.27 20120301 0 0              
46 639,157.21 0.0450 3,242.79 20120301 0 0              
47 854,200.00 0.0463 4,391.78 20120301 0 0              
48 349,160.15 0.0475 1,823.68 20120301 0 0              
49 937,788.09 0.0513 5,118.18 20120301 0 0              
50 1,304,250.00 0.0463 6,705.67 20120301 0 0              

 

KEY Subsequent Interest
Rate Reset Period
Subsequent Interest
Rate Cap (Change Down)
Subsequent Interest
Rate Cap (Change
Up)
Lifetime Maximum
Rate (Ceiling)
Lifetime Minimum
Rate (Floor)
Negative
Amortization Limit
Initial Negative
Amortization Recast
Period
Subsequent
Negative
Amortization Recast
Period
Initial Fixed
Payment Period
Subsequent
Payment Reset
Period
Initial Periodic
Payment Cap
1                      
2                      
3                      
4                      
5                      
6                      
7                      
8                      
9                      
10                      
11                      
12                      
13                      
14                      
15                      
16                      
17                      
18                      
19                      
20                      
21                      
22                      
23                      
24                      
25                      
26                      
27                      
28                      
29                      
30                      
31                      
32                      
33                      
34                      
35                      
36                      
37                      
38                      
39                      
40                      
41                      
42                      
43                      
44                      
45                      
46                      
47                      
48                      
49                      
50                      

 

KEY Subsequent
Periodic Payment
Cap
Initial Minimum
Payment Reset
Period
Subsequent
Minimum Payment
Reset Period
Option ARM
Indicator
Options at Recast Initial Minimum
Payment
Current Minimum
Payment
Prepayment Penalty
Calculation
Prepayment Penalty
Type
Prepayment Penalty
Total Term
Prepayment Penalty
Hard Term
Primary Borrower ID
1                   0   232
2                   0   139
3                   0   74
4                   0   295
5                   0   6
6                   0   203
7                   0   218
8                   0   170
9                   0   292
10                   0   66
11                   0   16
12                   0   151
13                   0   198
14                   0   78
15                   0   150
16                   0   104
17                   0   224
18                   0   51
19                   0   153
20                   0   251
21                   0   62
22                   0   325
23                   0   263
24                   0   309
25                   0   163
26                   0   130
27                   0   212
28                   0   252
29                   0   187
30                   0   194
31                   0   27
32                   0   58
33                   0   137
34                   0   157
35                   0   226
36                   0   25
37                   0   154
38                   0   238
39                   0   120
40                   0   209
41                   0   57
42                   0   190
43                   0   133
44                   0   158
45                   0   109
46                   0   222
47                   0   89
48                   0   246
49                   0   214
50                   0   167

 

KEY Number of
Mortgaged
Properties
Total Number of
Borrowers
Self-employment
Flag
Current ‘Other’
Monthly Payment
Length of
Employment:
Borrower
Length of
Employment: Co-
Borrower
Years in Home FICO Model Used Most Recent FICO
Date
Primary Wage
Earner Original
FICO: Equifax
Primary Wage
Earner Original
FICO: Experian
Primary Wage
Earner Original
FICO: TransUnion
Secondary Wage
Earner Original
FICO: Equifax
1 2   0   18.32   0.00 1          
2 2   0   13.08   1.00 1          
3 1   0   5.18   3.58 1          
4 1   0   1.18   0.00 1          
5 1   0   3.80 4.00 3.50 1          
6 2   0   11.84   0.00 1          
7 3   1   2.75   0.00 1          
8 1   0   25.00   0.00 1          
9 1   1   12.00   12.00 1          
10 1   1   2.00   0.00 1 20120227        
11 2   1   24.09 0.00 0.00 1          
12 2   1   3.00   0.00 1          
13 2   0   0.76 1.00 0.00 1          
14 1   0   11.82 9.00 7.00 1          
15 1   0   33.00   4.33 1          
16 1   1   20.00   2.00 1          
17 1   1   15.00 4.00 4.50 1          
18 1   0   0.00 0.00 6.00 1          
19 2   1   10.00 7.40 0.00 1          
20 2   1   3.00 3.00 8.00 1          
21 2   0   7.60 0.00 0.00 1          
22 2   0   5.60   0.00 1          
23 2   1   3.92   0.00 1          
24 2   0   15.50 5.00 0.00 1          
25 2   0   13.92 0.00 0.00 1          
26 2   0   7.80 0.00 0.00 1          
27 1   0   16.00   8.50 1          
28 3   1   8.67 10.50 0.00 1          
29 1   0   3.50 0.00 0.00 1          
30 1   0   14.50   8.50 1          
31 2   1   23.00   0.00 1          
32 2   0   1.23 0.33 3.50 1          
33 1   0   20.86   6.83 1          
34 1   0   0.00   33.00 1          
35 2   1   32.01   11.17 1          
36 1   0   1.45   2.25 1          
37 1   0   0.00   16.67 1          
38 1   0   3.75   10.00 1          
39 1   1   0.92   0.00 1          
40 1   0   7.75   2.50 1          
41 1   0   15.37   4.08 1          
42 1   0   2.00   13.83 1          
43 1   0   5.38   13.92 1          
44 3   0   11.70   11.92 1          
45 1   0   9.52   0.00 1          
46 2   0   22.25   0.00 1          
47 1   1   8.07   5.33 1          
48 1   0   3.82 4.74 4.67 1          
49 4   1   11.92 11.92 0.00 1          
50 1   0   10.03 0.24 0.00 1          

 

KEY Secondary Wage
Earner Original
FICO: Experian
Secondary Wage
Earner Original
FICO: TransUnion
Original
Primary Borrower
FICO
Most Recent
Primary Borrower
FICO
Most Recent Co-
Borrower FICO
Most Recent FICO
Method
VantageScore:
Primary Borrower
VantageScore: Co-
Borrower
Most Recent
VantageScore
Method
VantageScore Date Credit Report:
Longest Trade Line
1     748                
2     789                
3     804                
4     759                
5     788                
6     794                
7     798                
8     735                
9     732                
10     760 777              
11     744                
12     729                
13     785                
14     780                
15     752                
16     797                
17     801                
18     760                
19     781                
20     783                
21     763                
22     811                
23     748                
24     770                
25     759                
26     773                
27     733                
28     792                
29     773                
30     783                
31     790                
32     781                
33     774                
34     786                
35     776                
36     735                
37     804                
38     787                
39     796                
40     809                
41     784                
42     747                
43     764                
44     739                
45     758                
46     780                
47     800                
48     755                
49     716                
50     754                

 

KEY Credit Report:
Maximum Trade
Line
Credit Report:
Number of Trade
Lines
Credit Line Usage
Ratio
Most Recent 12-
month Pay History
Months Bankruptcy Months Foreclosure Primary Borrower
Wage Income
Co-Borrower Wage
Income
Primary Borrower
Other Income
Co-Borrower Other
Income
1       000000000000     12,666.68 0.00 4,964.75 0.00
2       000000000000     22,916.67   3,911.75  
3       000000000000     25,000.00   33,680.56  
4       000000000000     15,386.80 0.00 0.00 0.00
5       000000000000     12,303.20 13,584.81 0.00 0.00
6       000000000000     21,666.66   0.00  
7       000000000000     0.00 73,694.62 0.00 0.00
8       000000000000     25,000.00 0.00 0.00 0.00
9       000000000000     35,887.75 0.00 -13,165.92 0.00
10       000000000000     34,705.08 0.00 -348.00 0.00
11       000000000000     42,743.42 0.00 0.00 0.00
12       000000000000     14,083.00   0.00  
13       000000000000     14,000.00 0.00 0.00 0.00
14       000000000000     17,174.95 11,250.00 4,347.22 3,437.50
15       000000000000     39,312.50   0.00  
16       000000000000     23,543.00   1,492.92  
17       000000000000     19,035.00 4,167.00 -253.00 2,154.00
18       000000000000     0.00 0.00 1,480.00 16,287.80
19       000000000000     20,733.09 5,523.92 0.00 0.00
20       000000000000     24,256.00 28,459.00 0.00 0.00
21       000000000000     25,000.00 0.00 15,384.33 0.00
22       000000000000     29,183.33   17,291.67  
23       000000000000     20,727.73   6,602.68  
24       000000000000     17,693.51 5,782.45 0.00 0.00
25       000000000000     14,166.66 0.00 0.00 0.00
26       000000000000     28,300.00 0.00 0.00 0.00
27       000000000000     23,844.41   0.00  
28       000000000000     9,476.00 16,768.44 0.00 -55.00
29       000000000000     27,638.18 0.00 0.00 0.00
30       000000000000     20,000.00 0.00 0.00 0.00
31       000000000000     27,083.00 0.00 2,276.00 0.00
32       000000000000     11,780.00 10,416.67 0.00 0.00
33       000000000000     22,100.00 0.00 0.00 0.00
34       000000000000     0.00 0.00 13,244.37 1,038.00
35       000000000000     35,952.63   386.84  
36       000000000000     20,833.34 0.00 0.00 0.00
37       000000000000     0.00 0.00 16,709.90 675.00
38       000000000000     18,778.00 0.00 0.00 0.00
39       000000000000     10,833.36 0.00 0.00 0.00
40       000000000000     9,843.76   9,834.00  
41       000000000000     18,483.32 0.00 0.00 0.00
42       000000000000     11,609.87   0.00  
43       000000000000     23,370.68   0.00  
44       000000000000     13,333.32 0.00 0.00 0.00
45       000000000000     38,110.03 0.00 0.00 0.00
46       000000000000     22,251.67 0.00 6,783.67 0.00
47       000000000000     23,415.00   0.00  
48       000000000000     5,008.33 2,166.67 -54.08 0.00
49       000000000000     5,047.00 45,422.00 598.00 0.00
50       000000000000     51,236.00 16,666.66 0.00 -2,107.34

 

KEY All Borrower Wage
Income
All Borrower Total
Income
4506-T Indicator Borrower Income
Verification Level
Co-Borrower
Income Verification
Borrower
Employment
Verification
Co-Borrower
Employment
Verification
Borrower Asset
Verification
Co-Borrower Asset
Verification
Liquid / Cash
Reserves
Monthly Debt All
Borrowers
Originator DTI
1 12,666.68 17,631.43 0 5   3   4   343,008.19 7,386.48 0.4189
2 22,916.67 26,828.42 0 5   3   4   351,867.85 8,288.13 0.3089
3 25,000.00 58,680.56 0 5   3   4   546,525.92 18,606.73 0.3171
4 15,386.80 15,386.80 0 5   3   4   626,528.53 5,426.79 0.3527
5 25,888.01 25,888.01 0 5   3   4   480,303.92 4,450.15 0.1719
6 21,666.66 21,666.66 0 5   3   4   653,138.96 7,166.27 0.3308
7 73,694.62 73,694.62 0 5   3   4   1,472,025.99 8,072.07 0.1095
8 25,000.00 25,000.00 0 5   3   4   199,757.89 9,172.50 0.3669
9 35,887.75 22,721.83 1 5   3   4   142,776.38 7,918.83 0.3485
10 34,705.08 34,357.08 1 5   3   4   233,954.54 6,308.23 0.1836
11 42,743.42 42,743.42 0 4   3   4   261,492.52 7,971.65 0.1865
12 14,083.00 14,083.00 1 5   3   4   152,682.32 5,844.45 0.4150
13 14,000.00 14,000.00 0 5   3   4   418,245.58 5,203.80 0.3717
14 28,424.95 36,209.67 0 5   3   4   104,295.32 11,601.58 0.3204
15 39,312.50 39,312.50 0 5   3   4   309,365.07 9,348.51 0.2378
16 23,543.00 25,035.92 0 4   3   4   212,343.90 6,016.13 0.2403
17 23,202.00 25,103.00 0 5   3   4   465,299.35 8,893.99 0.3543
18 0.00 17,767.80 0 5   3   4   1,477,215.64 5,586.20 0.3144
19 26,257.01 26,257.01 0 5   3   4   105,627.99 7,661.80 0.2918
20 52,715.00 52,715.00 0 4   3   4   314,745.94 12,134.99 0.2302
21 25,000.00 40,384.33 1 5   3   4   130,245.13 14,663.55 0.3631
22 29,183.33 46,475.00 1 5   3   4   713,368.42 17,832.46 0.3837
23 20,727.73 27,330.41 0 4   3   4   5,203,761.44 11,517.03 0.4214
24 23,475.96 23,475.96 0 5   3   4   291,189.81 5,249.22 0.2236
25 14,166.66 14,166.66 0 5   3   4   113,867.33 3,322.08 0.2345
26 28,300.00 28,300.00 0 5   3   4   316,954.15 6,022.24 0.2128
27 23,844.41 23,844.41 0 5   3   4   145,991.87 6,490.45 0.2722
28 26,244.44 26,189.44 0 5   3   4   445,205.22 7,982.54 0.3048
29 27,638.18 27,638.18 1 5   3   4   242,662.24 3,435.43 0.1243
30 20,000.00 20,000.00 0 5   3   4   61,212.58 5,736.00 0.2868
31 27,083.00 29,359.00 1 5   3   4   327,703.10 11,960.86 0.4074
32 22,196.67 22,196.67 0 5   3   4   313,563.66 6,896.51 0.3107
33 22,100.00 22,100.00 0 5   3   4   98,124.65 5,951.53 0.2693
34 0.00 14,282.37 0 5   3   4   1,048,267.38 4,760.31 0.3333
35 35,952.63 36,339.47 0 5   3   4   187,027.78 11,010.86 0.3030
36 20,833.34 20,833.34 0 5   3   4   87,023.91 6,239.59 0.2995
37 0.00 17,384.90 0 5   3   4   781,053.21 4,580.92 0.2635
38 18,778.00 18,778.00 0 5   3   4   154,292.72 6,579.81 0.3504
39 10,833.36 10,833.36 1 5   3   4   50,190.11 3,836.09 0.3541
40 9,843.76 19,677.76 0 5   3   4   59,120.67 7,044.64 0.3580
41 18,483.32 18,483.32 0 5   3   4   57,033.09 6,628.12 0.3586
42 11,609.87 11,609.87 0 5   3   4   31,204.14 4,124.99 0.3553
43 23,370.68 23,370.68 0 5   3   4   1,324,198.47 5,653.37 0.2419
44 13,333.32 13,333.32 0 5   3   4   1,846,519.46 5,283.99 0.3963
45 38,110.03 38,110.03 0 5   3   4   54,561.37 6,417.73 0.1684
46 22,251.67 29,035.34 0 5   3   4   178,863.05 7,630.49 0.2628
47 23,415.00 23,415.00 0 4   3   4   423,906.89 7,499.82 0.3203
48 7,175.00 7,120.92 1 5   3   4   17,085.69 2,896.79 0.4068
49 50,469.00 51,067.00 1 5   3   4   198,302.83 8,742.67 0.1712
50 67,902.66 65,795.32 1 5   3   4   242,907.55 11,000.98 0.1672

 

KEY Fully Indexed Rate Qualification
Method
Percentage of Down
Payment from
Borrower Own
Funds
City State Postal Code Property Type Occupancy Sales Price Original Appraised
Property Value
Original Property
Valuation Type
Original Property
Valuation Date
1     100.00 FRISCO TX 75034 7 1 761,500.00 890,000.00 3 20111026
2       DENVER CO 80206 1 1   1,780,000.00 3 20111005
3       NEW YORK NY 10023 2 1   2,335,000.00 3 20110825
4     100.00 SAN DIEGO CA 92130 7 1 1,080,000.00 1,080,000.00 3 20111003
5       LEAWOOD KS 66224 7 1   630,000.00 3 20111012
6     100.00 SAINT LOUIS MO 63108 4 1 775,000.00 775,000.00 3 20111006
7     100.00 SCOTTSDALE AZ 85255 7 2 1,378,400.00 1,400,000.00 3 20111006
8     100.00 GREENWOOD VILLAGE CO 80121 7 1 1,300,000.00 1,330,000.00 3 20110928
9       LOS GATOS CA 95032 1 1   1,660,000.00 3 20110924
10     100.00 LOOKOUT MOUNTAIN TN 37350 1 1 1,192,500.00 1,200,000.00 3 20110815
11     100.00 CHATHAM TWP NJ 07928 1 1 1,265,000.00 1,265,000.00 3 20111109
12     100.00 MACON GA 31220 1 1 799,500.00 850,000.00 3 20111123
13     100.00 SCOTTSDALE AZ 85260 7 1 750,000.00 750,000.00 3 20111215
14       MANHATTAN BEACH CA 90266 1 1   1,900,000.00 3 20110816
15       DALLAS TX 75220 1 1   1,350,000.00 3 20110902
16       WILMINGTON NC 28409 1 1   2,000,000.00 3 20110916
17       PORTLAND OR 97201 1 1   1,825,000.00 3 20110929
18       SOMIS CA 93066 7 1   1,100,000.00 3 20111007
19     100.00 MILFORD MI 48380 7 1 729,000.00 730,000.00 3 20111017
20       FRIDAY HARBOR WA 98250 1 2   1,275,000.00 3 20111027
21     100.00 BERKELEY HEIGHTS NJ 07922 1 1 1,100,000.00 1,100,000.00 3 20111027
22     100.00 RANCHO PALOS VERDES CA 90275 7 2 3,850,000.00 3,850,000.00 3 20111103
23     100.00 LA QUINTA CA 92253 7 2 1,100,000.00 1,100,000.00 3 20111108
24     100.00 HOUSTON TX 77009 1 1 780,000.00 790,000.00 3 20111109
25     100.00 BRENTWOOD TN 37027 1 1 775,000.00 790,000.00 3 20111111
26     100.00 HOUSTON TX 77024 1 1 1,117,380.00 1,153,000.00 3 20111115
27       DENVER CO 80210 1 1   1,100,000.00 3 20111123
28     100.00 VACAVILLE CA 95688 1 1 625,000.00 630,000.00 3 20111205
29     100.00 KATY TX 77494 7 1 745,213.00 755,000.00 3 20111209
30       OGDEN UT 84414 1 1   900,000.00 3 20110831
31     100.00 LOS ANGELES CA 90034 1 1 1,550,000.00 1,600,000.00 3 20111123
32       VIENNA VA 22181 1 1   1,242,000.00 3 20110823
33       NAPERVILLE IL 60563 1 1   855,000.00 3 20111006
34       WALLOON LAKE MI 49796 1 1   1,260,000.00 3 20111017
35       ANAHEIM CA 92808 1 1   1,395,000.00 3 20110915
36       DARIEN CT 06820 1 1   950,000.00 3 20111011
37       ONAWAY MI 49765 1 1   1,150,000.00 3 20111005
38       PALOS VERDES ESTATES CA 90274 1 1   1,410,000.00 3 20111028
39     100.00 LITTLE ELM TX 75068 7 1 570,000.00 600,000.00 3 20111020
40       MANHATTAN BEACH CA 90266 3 1   1,650,000.00 3 20111022
41       WESTWOOD MA 02090 1 1   1,200,000.00 3 20111110
42       SAN DIEGO CA 92130 1 1   1,075,000.00 3 20111110
43       SAN MATEO CA 94402 1 1   1,480,000.00 3 20111205
44       HANSVILLE WA 98340 1 2   730,000.00 3 20111228
45     100.00 MASON OH 45040 7 1 885,000.00 885,000.00 3 20111219
46     100.00 CAMAS WA 98607 7 1 800,000.00 800,000.00 3 20120112
47       PARK CITY UT 84098 7 1   1,500,000.00 3 20111206
48       VALLEYFORD WA 99036 1 1   561,000.00 3 20111017
49     100.00 TUCSON AZ 85750 7 1 1,175,000.00 1,175,000.00 3 20111031
50     100.00 SAN ANTONIO TX 78258 7 1 1,739,000.00 1,835,000.00 3 20111220

 

KEY Original Automated
Valuation Model
(AVM) Model Name
Original AVM
Confidence Score
Most Recent
Property Value2
Most Recent
Property Valuation
Type
Most Recent
Property Valuation
Date
Most Recent AVM
Model Name
Most Recent AVM
Confidence Score
Original CLTV Original LTV Original Pledged
Assets
Mortgage Insurance
Company Name
Mortgage Insurance
Percent
1               0.8000 0.8000 0 0 0
2               0.4726 0.4726 0 0 0
3               0.5681 0.5681 0 0 0
4               0.7500 0.7500 0 0 0
5               0.7492 0.7492 0 0 0
6               0.8000 0.8000 0 0 0
7               0.7255 0.7255 0 0 0
8               0.7692 0.7692 0 0 0
9               0.6506 0.6506 0 0 0
10               0.6709 0.6709 0 0 0
11               0.7904 0.7904 0 0 0
12               0.8000 0.8000 0 0 0
13               0.7500 0.7500 0 0 0
14               0.7097 0.5255 0 0 0
15               0.6960 0.6960 0 0 0
16               0.5074 0.3041 0 0 0
17               0.7492 0.7492 0 0 0
18               0.7000 0.7000 0 0 0
19               0.8000 0.8000 0 0 0
20               0.7000 0.7000 0 0 0
21               0.7500 0.7500 0 0 0
22               0.5195 0.5195 0 0 0
23               0.5455 0.5455 0 0 0
24               0.7436 0.7436 0 0 0
25               0.7000 0.7000 0 0 0
26               0.7500 0.7500 0 0 0
27               0.6498 0.5111 0 0 0
28               0.7000 0.7000 0 0 0
29               0.6978 0.6978 0 0 0
30               0.7667 0.7033 0 0 0
31               0.8000 0.8000 0 0 0
32               0.8000 0.7212 0 0 0
33               0.6368 0.6368 0 0 0
34               0.5959 0.4173 0 0 0
35               0.7409 0.6584 0 0 0
36               0.7222 0.7222 0 0 0
37               0.8000 0.5044 0 0 0
38               0.7092 0.7092 0 0 0
39               0.8000 0.8000 0 0 0
40               0.5870 0.5870 0 0 0
41               0.6200 0.6200 0 0 0
42               0.5902 0.5902 0 0 0
43               0.5436 0.5436 0 0 0
44               0.6507 0.6507 0 0 0
45               0.8000 0.8000 0 0 0
46               0.8000 0.8000 0 0 0
47               0.5695 0.5695 0 0 0
48               0.6232 0.6232 0 0 0
49               0.8000 0.8000 0 0 0
50               0.7500 0.7500 0 0 0

 

KEY MI: Lender or
Borrower Paid?
Pool Insurance Co.
Name
Pool Insurance Stop
Loss %
MI Certificate
Number
Updated DTI
(Front-end)
Updated DTI
(Back-end)
Modification
Effective Payment
Date
Total Capitalized
Amount
Total Deferred
Amount
Pre-Modification
Interest (Note) Rate
Pre-Modification P&I
Payment
Pre-Modification
Initial Interest Rate
Change Downward
Cap
1                        
2                        
3                        
4                        
5                        
6                        
7                        
8                        
9                        
10                        
11                        
12                        
13                        
14                        
15                        
16                        
17                        
18                        
19                        
20                        
21                        
22                        
23                        
24                        
25                        
26                        
27                        
28                        
29                        
30                        
31                        
32                        
33                        
34                        
35                        
36                        
37                        
38                        
39                        
40                        
41                        
42                        
43                        
44                        
45                        
46                        
47                        
48                        
49                        
50                        

 

KEY Pre-Modification
Subsequent Interest
Rate Cap
Pre-Modification
Next Interest Rate
Change Date
Pre-Modification I/O
Term
Forgiven Principal
Amount
Forgiven Interest
Amount
1          
2          
3          
4          
5          
6          
7          
8          
9          
10          
11          
12          
13          
14          
15          
16          
17          
18          
19          
20          
21          
22          
23          
24          
25          
26          
27          
28          
29          
30          
31          
32          
33          
34          
35          
36          
37          
38          
39          
40          
41          
42          
43          
44          
45          
46          
47          
48          
49          
50          

 

KEY Number of
Modifications
Cash To/From Brrw at Closing Brrw - Yrs at in Industry CoBrrw - Yrs at in Industry Junior Mortgage Drawn Amount Maturity Date Primary Borrower Wage Income (Salary) Primary Borrower Wage Income (Bonus) Primary Borrower Wage Income (Commission)
1     18.32   0.00 20411201 12,667.00 4,965.00 0.00
2     17.00   0.00 20411201 22,917.00 0.00 0.00
3     5.20   0.00 20411201 25,000.00 33,681.00 0.00
4     10.00   0.00 20411201 15,387.00 0.00 0.00
5     3.80 3.80 0.00 20411201 12,303.20 0.00 0.00
6     11.84   0.00 20411201 21,666.66 0.00 0.00
7     0.00 2.50 0.00 20411201 0.00 0.00 0.00
8     25.00   0.00 20411201 25,000.00 0.00 0.00
9     20.00   0.00 20411201 35,887.75 0.00 0.00
10     20.00   0.00 20411001 34,705.08 0.00 0.00
11     24.09 0.00 0.00 20420101 42,743.42 0.00 0.00
12     3.00   0.00 20420101 14,083.00 0.00 0.00
13     16.00 31.00 0.00 20420201 14,000.00 0.00 0.00
14     15.00 16.00 350,000.00 20411201 17,174.95 4,347.22 0.00
15     36.00   0.00 20411201 39,312.50 0.00 0.00
16     20.00   406,500.00 20411201 23,543.00 0.00 0.00
17     16.00 10.00 0.00 20411201 19,035.00 0.00 0.00
18     0.00 0.00 0.00 20411201 0.00 0.00 0.00
19     10.00 7.40 0.00 20420101 20,733.09 0.00 0.00
20     3.00 3.00 0.00 20420101 24,256.00 0.00 0.00
21     7.60 0.00 0.00 20411201 25,000.00 15,833.33 0.00
22     5.60   0.00 20411201 29,183.33 17,291.67 0.00
23     3.92   0.00 20420101 20,727.73 3,759.92 0.00
24     15.50 5.27 0.00 20420101 17,693.51 0.00 0.00
25     13.92 0.00 0.00 20411201 14,166.66 0.00 0.00
26     8.00 0.00 0.00 20420101 28,300.00 0.00 0.00
27     18.00   152,500.00 20420101 23,844.41 0.00 0.00
28     13.00 10.50 0.00 20420101 9,476.00 0.00 0.00
29     11.00 0.00 0.00 20420101 27,638.18 0.00 0.00
30     20.00   57,000.00 20420101 20,000.00 0.00 0.00
31     23.00   0.00 20420101 27,083.00 0.00 0.00
32     14.00 12.00 97,916.82 20420101 11,780.00 0.00 0.00
33     25.00   0.00 20420201 22,100.00 0.00 0.00
34     1.00   225,000.00 20420201 0.00 0.00 0.00
35     32.01   115,000.00 20420101 35,952.63 0.00 0.00
36     7.00   0.00 20411201 20,833.34 0.00 0.00
37     1.00   340,000.00 20420101 0.00 0.00 0.00
38     3.75   0.00 20420201 18,778.00 0.00 0.00
39     0.92   0.00 20420101 10,833.36 0.00 0.00
40     7.75   0.00 20420101 9,843.76 0.00 9,834.00
41     15.37   0.00 20420201 18,483.32 0.00 0.00
42     2.00   0.00 20420101 11,609.87 0.00 0.00
43     5.38   0.00 20420201 23,370.68 0.00 0.00
44     35.00   0.00 20420301 13,333.32 0.00 0.00
45     9.52   0.00 20420201 38,110.03 0.00 0.00
46     27.00   0.00 20420201 22,251.67 6,783.67 0.00
47     20.00   0.00 20420301 23,415.00 0.00 0.00
48     12.00 6.00 0.00 20420201 5,008.33 0.00 0.00
49     11.92 18.00 0.00 20420101 5,047.00 0.00 0.00
50     10.03 10.00 0.00 20420301 51,236.00 0.00 0.00

 

KEY Co-Borrower Wage Income (Salary) Co-Borrower Wage Income (Bonus) Co-Borrower Wage Income (Commission) Originator Doc Code RWT Income Verification RWT Asset Verification
1 0.00 0.00 0.00 Full 2 years 2 Months
2       Full 2 years 2 Months
3       Full 2 years 2 Months
4 0.00 0.00 0.00 Full 2 years 2 Months
5 13,584.81 0.00 0.00 Full 2 years 2 Months
6       Full 2 years 2 Months
7 73,694.62 0.00 0.00 Full 2 years 2 Months
8 0.00 0.00 0.00 Full 2 years 2 Months
9 0.00 0.00 0.00 Full 2 years 2 Months
10 0.00 0.00 0.00 Full 2 years 2 Months
11 0.00 0.00 0.00 Full 2 years 2 Months
12       Full 2 years 2 Months
13 0.00 0.00 0.00 Full 2 years 2 Months
14 11,250.00 3,437.50 0.00 Full 2 years 2 Months
15       Full 2 years 2 Months
16       Full 2 years 2 Months
17 4,167.00 0.00 0.00 Full 2 years 2 Months
18 0.00 0.00 0.00 Full 2 years 2 Months
19 5,523.92 0.00 0.00 Full 2 years 2 Months
20 28,459.00 0.00 0.00 Full 2 years 2 Months
21 0.00 0.00 0.00 Full 2 years 2 Months
22       Full 2 years 2 Months
23       Full 2 years 2 Months
24 5,782.45 0.00 0.00 Full 2 years 2 Months
25 0.00 0.00 0.00 Full 2 years 2 Months
26 0.00 0.00 0.00 Full 2 years 2 Months
27       Full 2 years 2 Months
28 16,768.44 0.00 0.00 Full 2 years 2 Months
29 0.00 0.00 0.00 Full 2 years 2 Months
30 0.00 0.00 0.00 Full 2 years 2 Months
31 0.00 0.00 0.00 Full 2 years 2 Months
32 10,416.67 0.00 0.00 Full 2 years 2 Months
33 0.00 0.00 0.00 Full 2 years 2 Months
34 0.00 0.00 0.00 Full 2 years 2 Months
35       Full 2 years 2 Months
36 0.00 0.00 0.00 Full 2 years 2 Months
37 0.00 0.00 0.00 Full 2 years 2 Months
38 0.00 0.00 0.00 Full 2 years 2 Months
39 0.00 0.00 0.00 Full 2 years 2 Months
40       Full 2 years 2 Months
41 0.00 0.00 0.00 Full 2 years 2 Months
42       Full 2 years 2 Months
43       Full 2 years 2 Months
44 0.00 0.00 0.00 Full 2 years 2 Months
45 0.00 0.00 0.00 Full 2 years 2 Months
46 0.00 0.00 0.00 Full 2 years 2 Months
47       Full 2 years 2 Months
48 2,166.67 0.00 0.00 Full 2 years 2 Months
49 45,422.00 0.00 0.00 Full 2 years 2 Months
50 16,666.66 0.00 0.00 Full 2 years 2 Months

 

 
 

 

ASF RMBS DISCLOSURE PACKAGE


Field
Number
Field Name
Field Description
Type of
Field
Data Type
Sample Data
Format
When
Applicable?
Valid Values
Proposed
Unique
Coding
Notes
1
Primary Servicer
The MERS Organization ID of the company that has or will have the right to service the loan.
General Information
Numeric – Integer
2351805
9(7)
Always
”9999999” if Unknown
   
2
Servicing Fee—Percentage
Aggregate monthly fee paid to all servicers, stated in decimal form.
General Information
Numeric - Decimal
0.0025
9.999999
Loans without flat-dollar servicing fees
>= 0 and < 1
 
Must be populated if Field 3 is Null
3
Servicing Fee—Flat-dollar
Aggregate monthly fee paid to all servicers, stated as a dollar amount.
General Information
Numeric – Decimal
7.5
9(3).99
Loans with flat-dollar servicing fees
>= 0 and
<= 999
 
Must be populated if 2 is Null
4
Servicing Advance Methodology
The manner in which principal and/or interest are to be advanced by the servicer.
General Information
Numeric – Integer
2
99
Always
See Coding
1 = Scheduled Interest, Scheduled Principal
2 = Actual Interest, Actual Principal
3 = Scheduled Interest, Actual Principal
99 = Unknown
 
5
Originator
The MERS Organization ID of the entity that lends funds to the borrower and, in return, places a lien on the mortgage property as collateral.
General Information
Numeric – Integer
5938671
9(7)
Always
”9999999” if Unknown
   
6
Loan Group
Indicates the collateral group number in which the loan falls (for structures with multiple collateral groups). Use “1” if there is only one loan group.
General Information
Text
1A
XXXX
Always
“UNK” if Unknown
   
7
Loan Number
Unique National Mortgage Loan ID Number (Vendor TBD).
General Information
Numeric – Integer
TBD
TBD
Always
TBD
 
Details to be provided by Vendor
8
Amortization Type
Indicates whether the loan’s interest rate is fixed or adjustable (Hybrid ARMs are adjustable).
Loan Type
Numeric – Integer
2
99
Always
See Coding
1 = Fixed
2 = Adjustable
99 = Unknown
 
9
Lien Position
A number indicating the loan’s lien position (1 = first lien, etc.).
Loan Type
Numeric – Integer
1
99
Always
>0
99 = Unknown
 
10
HELOC Indicator
Indicates whether the loan is a home equity line of credit.
Loan Type
Numeric – Integer
1
99
Always
See Coding
0 = No
1 = Yes
99 = Unknown
 
11
Loan Purpose
Indicates the purpose of the loan.
Loan Type
Numeric – Integer
9
99
Always
See Coding
See Appendix A
 
12
Cash Out Amount
For “Cash-out” loans (see Glossary):
 
[NEW LOAN AMOUNT] – [PAID-OFF FIRST MORTGAGE LOAN AMOUNT] – [PAID-OFF SECOND MORTGAGE LOAN AMOUNT (if Second was used to purchase the property)] – [CLOSING COSTS].
Loan Type
Numeric – Decimal
72476.5
9(10).99
Always
>= 0
   
13
Total Origination and Discount Points (in dollars)
Amount paid to the lender to increase the lender’s effective yield and, in the case of discount points, to reduce the interest rate paid by the borrower.
Loan Type
Numeric – Decimal
5250
9(10).99
Always
>= 0
 
Typically Lines 801 and 802 of HUD Settlement Statement
14
Covered/High Cost Loan Indicator
Indicates whether the loan is categorized as “high cost” or “covered” according to state or federal statutes or regulations.
Loan Type
Numeric – Integer
1
99
Always
See Coding
0 = No
1 = Yes
99 = Unknown
 
15
Relocation Loan Indicator
Indicates whether the loan is part of a corporate relocation program.
Loan Type
Numeric – Integer
1
99
Always
See Coding
0 = No
1 = Yes
99 = Unknown
 
16
Broker Indicator
Indicates whether a broker took the application.
Loan Type
Numeric – Integer
1
99
Always
See Coding
0 = No
1 = Yes
99 = Unknown
 
17
Channel
Code indicating the source (channel) from which the Issuer obtained the mortgage loan.
Loan Type
Numeric – Integer
2
99
Always
See Coding
1 = Retail
2 = Broker
3 = Correspondent Bulk
4 = Correspondent Flow with delegated underwriting
5 = Correspondent Flow without delegated underwriting
99 = Unknown
 
18
Escrow Indicator
Indicates whether various homeownership expenses are paid by the borrower directly or through an escrow account (as of securitization cut-off date).
Loan Type
Numeric – Integer
3
99
Always
See Coding
0 = No Escrows
1 = Taxes
2 = Insurance
3 = HOA dues
4 = Taxes and Insurance
5 = All
99 =Unknown
 
19
Senior Loan Amount(s)
For non-first mortgages, the sum of the balances of all associated senior mortgages at the time of origination of the subordinate lien.
Mortgage Lien Info
Numeric – Decimal
611004.25
9(10).99
If Lien Position > 1
>= 0
   
20
Loan Type of Most Senior Lien
For non-first mortgages, indicates whether the associated first mortgage is a Fixed, ARM, Hybrid, or negative amortization loan.
Mortgage Lien Info
Numeric – Integer
2
99
If Lien Position > 1
See Coding
1 = Fixed Rate
2 = ARM
3 = Hybrid
4 = Neg Am
99 = Unknown
 
21
Hybrid Period of Most Senior Lien (in months)
For non-first mortgages where the associated first mortgage is a hybrid ARM, the number of months remaining in the initial fixed interest rate period for the hybrid first mortgage.
Mortgage Lien Info
Numeric – Integer
23
999
If Lien Position > 1
AND the most senior lien is a hybrid ARM (see Field 20)
>= 0
   
22
Neg Am Limit of Most Senior Lien
For non-first mortgages where the associated first mortgage features negative amortization, the maximum percentage by which the negatively amortizing balance may increase (expressed as a proportion of the senior lien’s original balance).
Mortgage Lien Info
Numeric – Decimal
1.25
9.999999
If Lien Position > 1
AND the senior lien is Neg Am (see Field 20)
>= 1 and <= 2
   
23
Junior Mortgage Balance
For first mortgages with subordinate liens at the time of origination, the combined balance of the subordinate liens (if known).
Mortgage Lien Info
Numeric – Decimal
51775.12
9(10).99
If Lien Position = 1 and there is a 2nd lien on the subject property
>= 0
 
Subject to Regulatory Confirmation
24
Origination Date of Most Senior Lien
For non-first mortgages, the origination date of the associated first mortgage.
Mortgage Lien Info
Date
20090914
YYYYMMDD
If Lien Position > 1 and there is a 2nd lien on the subject property
“19010101” if unknown
   
25
Origination Date
The date of the Mortgage Note and Mortgage/Deed of Trust
Loan Term and Amortization Type
Date
20090914
YYYYMMDD
Always
“19010101” if unknown
   
26
Original Loan Amount
The dollar amount of the mortgage loan, as specified on the mortgage note at the time of the loan’s origination. For HELOCs, the maximum available line of credit.
Loan Term and Amortization Type
Numeric – Decimal
150000
9(10).99
Always
>0
   
27
Original Interest Rate
The original note rate as indicated on the mortgage note.
Loan Term and Amortization Type
Numeric – Decimal
0.0475
9.999999
Always
> 0 and <= 1
   
28
Original Amortization Term
The number of months in which the loan would be retired if the amortizing principal and interest payment were to be paid each month.
Loan Term and Amortization Type
Numeric – Integer
360
999
Always
>= 60
   
29
Original Term to Maturity
The initial number of months between loan origination and the loan maturity date, as specified on the mortgage note.
Loan Term and Amortization Type
Numeric – Integer
60
999
Always
>0
N/A
 
30
First Payment Date of Loan
The date of the first scheduled mortgage payment to be made by the borrower as specified on the mortgage note.
Loan Term and Amortization Type
Date
20090914
YYYYMMDD
Always
“19010101” if unknown
N/A
 
31
Interest Type Indicator
Indicates whether the interest rate calculation method is simple or actuarial.
Loan Term and Amortization Type
Numeric – Integer
2
99
Always
See Coding
1= Simple
2 = Actuarial
99 = Unknown
 
32
Original Interest Only Term
Original interest-only term for a loan in months (including NegAm Loans).
Loan Term and Amortization Type
Numeric – Integer
60
999
Always
>= 0 and <= 240
Unknown = Blank;
No Interest Only Term = 0
   
33
Buy Down Period
The total number of months during which any buy down is in effect, representing the accumulation of all buy down periods.
Loan Term and Amortization Type
Numeric – Integer
65
999
Always
>= 0 and <= 100
Unknown = Blank;
No Buy Down = 0
   
34
HELOC Draw Period
The original number of months during which the borrower may draw funds against the HELOC account.
Loan Term and Amortization Type
Numeric – Integer
24
999
HELOCs Only
>= 12 and <= 120
   
35
Scheduled Loan Amount
Mortgage loan scheduled principal balance as of cut-off date. For HELOCs, the current drawn amount.
Loan Term and Amortization Type
Numeric – Decimal
248951.19
9(10).99
Always
>= 0
   
36
Current Interest Rate
The interest rate used to calculate the current P&I or I/O payment.
Loan Term and Amortization Type
Numeric – Decimal
0.05875
9.999999
Always
> 0 and <= 1
   
37
Current Payment Amount Due
Next Total Payment due to be collected (including principal, interest or both—but Exclude Escrow Amounts).
Loan Term and Amortization Type
Numeric – Decimal
1250.15
9(10).99
Always
> 0
   
38
Scheduled Interest Paid
Through Date
 
Loan Term and Amortization Type
Date
20090429
YYYYMMDD
Always
“19010101” if unknown
   
39
Current Payment Status
Number of payments the borrower is past due as of the securitization cut-off date.
Loan Term and Amortization Type
Numeric – Integer
3
99
Always
>= 0
   
40
Index Type
Specifies the type of index to be used to determine the interest rate at each adjustment.
Adjustable Rate Mortgages (ARMs)
Numeric – Integer
18
99
ARMs Only
See Coding
See Appendix B
 
41
ARM Look-back Days
The number of days prior to the interest rate adjustment date to retrieve the index value.
Adjustable Rate Mortgages (ARMs)
Numeric – Integer
45
99
ARMs Only
>= 0 to <=99
   
42
Gross Margin
The percentage stated on the mortgage note representing the spread between the ARM Index value and the mortgage interest rate. The gross mortgage margin is added to the index value to establish a new gross interest rate in the manner prescribed on the mortgage note.
Adjustable Rate Mortgages (ARMs)
Numeric – Decimal
0.03
9.999999
ARMs Only
>0 and <= 1
   
43
ARM Round Flag
An indicator of whether an adjusted interest rate is rounded to the next higher ARM round factor, to the next lower round factor, or to the nearest round factor.
Adjustable Rate Mortgages (ARMs)
Numeric – Integer
3
9
ARMs Only
See Coding
0 = No Rounding
1 = Up
2 = Down
3 = Nearest
99=Unknown
 
44
ARM Round Factor
The percentage to which an adjusted interest rate is to be rounded.
Adjustable Rate Mortgages (ARMs)
Numeric – Decimal
0.0025 or 0.00125
9.999999
ARMs Only
Where ARM Round Flag = 1, 2, or 3
>= 0 and < 1
   
45
Initial Fixed Rate Period
For hybrid ARMs, the period between the first payment date of the mortgage and the first interest rate adjustment date.
Adjustable Rate Mortgages (ARMs)
Numeric – Integer
60
999
Hybrid ARMs Only
>= 1 to <=240
   
46
Initial Interest Rate Cap (Change Up)
The maximum percentage by which the mortgage note rate may increase at the first interest rate adjustment date.
Adjustable Rate Mortgages (ARMs)
Numeric – Decimal
0.02
9.999999
ARMs Only
>= 0 and <= 1
99=no cap
 
47
Initial Interest Rate  Cap (Change Down)
The maximum percentage by which the mortgage note rate may decrease at the first interest rate adjustment date.
Adjustable Rate Mortgages (ARMs)
Numeric – Decimal
0.02
9.999999
ARMs Only
>= 0 and <= 1
99=no cap
 
48
Subsequent Interest Rate Reset Period
The number of months between subsequent rate adjustments.
Adjustable Rate Mortgages (ARMs)
Numeric – Integer
60
999
ARMs Only
>=0 and <= 120
 
0 = Loan does not adjust after initial reset
49
Subsequent Interest Rate (Change Down)
The maximum percentage by which the interest rate may decrease at each rate adjustment date after the initial adjustment.
Adjustable Rate Mortgages (ARMs)
Numeric – Decimal
0.02
9.999999
ARMs Only
>= 0 and <= 1
99=no cap
 
50
Subsequent Interest Rate Cap (Change Up)
The maximum percentage by which the interest rate may increase at each rate adjustment date after the initial adjustment.
Adjustable Rate Mortgages (ARMs)
Numeric – Decimal
0.02
9.999999
ARMs Only
>= 0 and <= 1
99=no cap
 
51
Lifetime Maximum Rate (Ceiling)
The maximum interest rate that can be in effect during the life of the loan.
Adjustable Rate Mortgages (ARMs)
Numeric – Decimal
0.125
9.999999
ARMs Only
>= 0 and <= 1
 
=1 if no ceiling specified
 
 
52
Lifetime Minimum Rate (Floor)
The minimum interest rate that can be in effect during the life of the loan.
Adjustable Rate Mortgages (ARMs)
Numeric – Decimal
0.015
9.999999
ARMs Only
>= 0 and <= 1
 
If no floor is specified enter the greater of the margin or 0.
53
Negative Amortization Limit
The maximum amount of negative amortization allowed before recast is required. (Expressed as a percentage of the original unpaid principal balance.)
Negative Amortization
Numeric – Decimal
1.25
9.999999
Negatively Amortizing ARMs Only
>=0, and <2
   
54
Initial Negative Amortization Recast Period
The number of months in which the payment is required to recast if the loan does not reach the prescribed maximum balance earlier.
Negative Amortization
Numeric – Integer
60
999
Negatively Amortizing ARMs Only
>=0
   
55
Subsequent Negative Amortization Recast Period
The number of months after which the payment is required to recast AFTER the first recast period.
Negative Amortization
Numeric – Integer
48
999
Negatively Amortizing ARMs Only
>=0
   
56
Initial Fixed Payment Period
Number of months after origination during which the payment is fixed.
Negative Amortization
Numeric – Integer
60
999
Negatively Amortizing Hybrid ARMs Only
>= 0 to <=120
   
57
Subsequent Payment Reset Period
Number of months between payment adjustments after first payment reset.
Negative Amortization
Numeric – Integer
12
999
Negatively Amortizing ARMs Only
>= 0 to <=120
   
58
Initial Periodic Payment Cap
The maximum percentage by which a payment can change (increase or decrease) in the first period.
Negative Amortization
Numeric – Decimal
0.075
9.999999
Negatively Amortizing ARMs Only
>= 0 and < 1
   
59
Subsequent Periodic Payment Cap
The maximum percentage by which a payment can change (increase or decrease) in one period after the initial cap.
Negative Amortization
Numeric – Decimal
0.075
9.999999
Negatively Amortizing ARMs Only
>= 0 and < 1
   
60
Initial Minimum Payment Reset Period
The maximum number of months a borrower can initially pay the minimum payment before a new minimum payment is determined.
Negative Amortization
Numeric – Integer
12
999
Negatively Amortizing ARMs Only
>= 0 to <=120
   
61
Subsequent Minimum Payment Reset Period
The maximum number of months (after the initial period) a borrower can pay the minimum payment before a new minimum payment is determined after the initial period.
Negative Amortization
Numeric – Integer
12
999
Negatively Amortizing ARMs Only
>= 0 to <=120
   
62
Option ARM Indicator
An indicator of whether the loan is an Option ARM.
Negative Amortization
Numeric – Integer
1
99
ARMs Only
See Coding
0 = No
1 = Yes
99 = Unknown
 
63
Options at Recast
The means of computing the lowest monthly payment available to the borrower after recast.
Option ARM
Numeric – Integer
2
99
Option ARMs Only
N/A
1= Fully amortizing 30 year
2= Fully amortizing 15 year
3=Fully amortizing 40 year
4 = Interest-Only
5 = Minimum Payment
99= Unknown
 
64
Initial Minimum Payment
The initial minimum payment the borrower is permitted to make.
Option ARM
Numeric – Decimal
879.52
99
Option ARMs Only
>=0
   
65
Current Minimum Payment
Current Minimum Payment (in dollars).
Negative Amortization
Numeric – Decimal
250
9(10).99
Option ARMs Only
>= 0
   
66
Prepayment Penalty Calculation
A description of how the prepayment penalty would be calculated during each phase of the prepayment penalty term.
Prepayment Penalties
Numeric – Integer
12
99
Always
See Coding
See Appendix C
 
67
Prepayment Penalty Type
Hard: The prepayment penalty is incurred regardless of the reason the loan is prepaid in full.
Hybrid: The prepayment penalty can be characterized as hard for a certain amount of time and as soft during another period.
 
Prepayment Penalties
Numeric – Integer
1
99
All loans with Prepayment Penalties (i.e., loans for which Field 66 = something other than “0”)
See Coding
1 = Hard
2 = Soft
3 = Hybrid
99 = Unknown
 
68
Prepayment Penalty Total Term
The total number of months that the prepayment penalty may be in effect.
Prepayment Penalties
Numeric – Integer
60
999
All loans with Prepayment Penalties (i.e., loans for which Field 66 = something other than “0”)
>0 to <=120
   
69
Prepayment Penalty Hard Term
For hybrid prepayment penalties, the number of months during which a “hard” prepayment penalty applies.
Prepayment Penalties
Numeric – Integer
12
999
Loans with Hybrid Prepayment Penalties (i.e., loans for which Field 67 = “3”)
>= 0 to <=120
   
70
Primary Borrower ID
A lender-generated ID number for the primary borrower on the mortgage
Borrower
Numeric—Integer
123456789
999999999
Always
>0
 
Used to identify the number of times a single borrower appears in a given deal.
71
Number of Mortgaged Properties
The number of residential properties owned by the borrower that currently secure mortgage loans.
Borrower
Numeric – Integer
1
99
Always
> 0
   
72
Total Number of Borrowers
The number of Borrowers who are obligated to repay the mortgage note.
Borrower
Numeric – Integers
2
99
Always
> 0
   
73
Self-employment Flag
An indicator of whether the primary borrower is self-employed.
Borrower
Numeric – Integer
1
99
Always
See Coding
0 = No
1 = Yes
99 = Unknown
 
74
Current ‘Other’ Monthly Payment
The aggregate of all payments pertaining to the subject property other than principal and interest (includes common charges, condo fees, T&I, HOA, etc.), whether escrowed or not.
Loan Term and Amortization Type
Numeric – Decimal
1789.25
9(10).99
Always
> 0
   
75
Length of Employment: Borrower
The number of years of service with the borrower’s current employer as of the date of the loan.
Borrower Qualification
Numeric – Decimal
3.5
99.99
Always
>=0
99 = Retired, None employment income soure (social security, trust income, dividends, etc.)
 
76
Length of Employment: Co-Borrower
The number of years of service with the co-borrower’s current employer as of the date of the loan.
Borrower Qualification
Numeric – Decimal
3.5
99.99
If “Total Number of Borrowers” > 1
>= 0
99 = Retired, None employment income soure (social security, trust income, dividends, etc.)
 
77
Years in Home
Length of time that the borrower has been at current address.
Borrower Qualification
Numeric – Decimal
14.5
99.99
Refinances of Primary Residences Only (Loan Purpose = 1, 2, 3, 4, 8 or 9)
> 0
   
78
FICO Model Used
Indicates whether the FICO score was calculated using the Classic, Classic 08, or Next Generation model.
Borrower Qualification
Numeric – Integer
1
99
If a FICO score was obtained
See Coding
1 = Classic
2 = Classic 08
3 = Next Generation
99 = Unknown
 
79
Most Recent FICO Date
Specifies the date on which the most recent FICO score was obtained
Borrower Qualification
Date
20090914
YYYYMMDD
If a FICO score was obtained
“19010101” if unknown
 
Issuers unable to Provide may Rep and Warrant that the FICO score used for underwriting was not more than 4 months old at the date of issuance.
80
Primary Wage Earner Original FICO:  Equifax
Equifax FICO score for primary borrower (if applicable).
Borrower Qualification
Numeric – Integer
720
9999
If a FICO score was obtained
>= 350 and <= 850
   
81
Primary Wage Earner Original FICO:  Experian
Experian FICO score for primary borrower (if applicable).
Borrower Qualification
Numeric – Integer
720
9999
If a FICO score was obtained
>= 350 and <= 850
   
82
Primary Wage Earner Original FICO:  TransUnion
TransUnion FICO score for primary borrower (if applicable).
Borrower Qualification
Numeric – Integer
720
9999
If a FICO score was obtained
>= 350 and <= 850
   
83
Secondary Wage Earner Original FICO:  Equifax
Equifax FICO score for Co-borrower (if applicable).
Borrower Qualification
Numeric – Integer
720
9999
If “Total Number of Borrowers” > 1
>= 350 and <= 850
   
84
Secondary Wage Earner Original FICO:  Experian
Experian FICO score for Co-borrower (if applicable).
Borrower Qualification
Numeric – Integer
720
9999
If “Total Number of Borrowers” > 1
>= 350 and <= 850
   
85
Secondary Wage Earner Original FICO: TransUnion
TransUnion FICO score for Co-borrower (if applicable).
Borrower Qualification
Numeric – Integer
720
9999
If “Total Number of Borrowers” > 1
>= 350 and <= 850
   
86
Most Recent Primary Borrower FICO
Most Recent Primary Borrower FICO score used by the lender to approve the loan.
Borrower Qualification
Numeric – Integer
720
9999
If a FICO score was obtained
>= 350 and <= 850
   
87
Most Recent Co-Borrower FICO
Most Recent Co-Borrower FICO score used by the lender to approve the loan.
Borrower Qualification
Numeric – Integer
720
9999
If “Total Number of Borrowers” > 1
>= 350 and <= 850
   
88
Most Recent FICO Method
Number of credit repositories used to update the FICO Score.
Borrower Qualification
Numeric – Integer
2
9
If a FICO score was obtained
>0
   
89
VantageScore: Primary Borrower
Credit Score for the Primary Borrower used to approve the loan and obtained using the Vantage credit evaluation model.
Borrower Qualification
Numeric – Integer
720
9999
If a Vantage Credit Score was obtained
>= 501 and <= 990
   
90
VantageScore: Co-Borrower
Credit Score for the Co-borrower used to approve the loan and obtained using the Vantage credit evaluation model.
Borrower Qualification
Numeric – Integer
720
9999
If a VantageScore was obtained AND “Total Number of Borrowers” > 1
>= 501 and <= 990
   
91
Most Recent VantageScore Method
Number of credit repositories used to update the Vantage Score.
Borrower Qualification
Numeric – Integer
2
9
If a Vantage Credit Score was obtained
>0
   
92
VantageScore Date
Date Vantage Credit Score was obtained.
Borrower Qualification
Date
20090914
YYYYMMDD
If a Vantage Credit Score was obtained
“19010101” if unknown
   
93
Credit Report: Longest Trade Line
The length of time in months that the oldest active trade line, installment or revolving, has been outstanding. For a loan with more than one borrower, populate field based on status for the primary borrower.
Borrower Qualification
Numeric – Integer
999
999
Always
> =0
 
Subject to Regulatory Confirmation
94
Credit Report: Maximum Trade Line
The dollar amount for the trade line, installment or revolving, with the largest unpaid balance. For revolving lines of credit, e.g. credit card, the dollar amount reported should reflect the maximum amount of credit available under the credit line whether used or not. For a loan with more than one borrower, populate field based on status for the primary borrower.
Borrower Qualification
Numeric – Decimal
339420.19
9(10).99
Always
>=0
 
Subject to Regulatory Confirmation
95
Credit Report: Number of Trade Lines
A count of non-derogatory, currently open and active, consumer trade lines (installment or revolving) for the borrower. For a loan with more than one borrower, populate field based on status for the primary borrower.
Borrower Qualification
Numeric – Integer
57
999
Always
>=0
 
Subject to Regulatory Confirmation
96
Credit Line Usage Ratio
Sum of credit balances divided by sum of total open credit available.
Borrower Qualification
Numeric – Decimal
0.27
9.999999
Always
>= 0 and <= 1
 
Subject to Regulatory Confirmation
97
Most Recent 12-month Pay History
String indicating the payment status per month listed from oldest to most recent.
Borrower Qualification
Text
77X123200001
X(12)
Always
See Coding
0 = Current
1 = 30-59 days delinquent
2 = 60-89 days delinquent
3 = 90-119 days delinquent
4 = 120+ days delinquent
5 = Foreclosure
6 = REO
7 = Loan did not exist in period
X = Unavailable
 
98
Months Bankruptcy
Number of months since any borrower was discharged from bankruptcy. (Issuers unable to provide this information may rep and warrant that at least x years—as specified in the loan program—have passed since most recent discharge from bankruptcy.)
Borrower Qualification
Numeric – Integer
12
999
If Borrower has ever been in Bankruptcy
>= 0
 
Blank = Borrower is not known to have been in bankruptcy
99
Months Foreclosure
Number of months since foreclosure sale date. (Issuers unable to provide this information may rep and warrant that at least x years—as specified in the loan program— have passed since most recent foreclosure.)
Borrower Qualification
Numeric – Integer
12
999
If Borrower has ever been in Foreclosure
>= 0
 
Blank = Borrower is not known to have been in foreclosure
100
Primary Borrower Wage Income
Monthly base wage income for primary borrower.
Borrower Qualification
Numeric – Decimal
9000
9(9).99
Always
>= 0
   
101
Co-Borrower Wage Income
Monthly base wage income for all other borrowers.
Borrower Qualification
Numeric – Decimal
9000
9(9).99
If “Total Number of Borrowers” > 1
>= 0
   
102
Primary Borrower Other Income
Monthly Other (non-wage) income for primary borrower. (This figure should include net rental income and be reduced by any net rental loss.)
Borrower Qualification
Numeric – Decimal
9000
9(9).99
Always
>= 0
   
103
Co-Borrower Other Income
Monthly Other (non-wage) income for all other borrowers. (This figure should include net rental income and be reduced by any net rental loss.)
Borrower Qualification
Numeric – Decimal
9000
9(9).99
If “Total Number of Borrowers” > 1
>= 0
   
104
All Borrower Wage Income
Monthly income of all borrowers derived from base salary only.
Borrower Qualification
Numeric – Decimal
9000
9(9).99
Always
>= 0
   
105
All Borrower Total Income
Monthly income of all borrowers derived from base salary, commission, tips and gratuities, overtime and bonuses, part-time or second-job earnings, alimony, child support, interest and dividend income, notes receivable, trust income, net rental income, retirement income, social security, veterans income, military income, foster care income, and self-employed income.
Borrower Qualification
Numeric – Decimal
9000
9(9).99
Always
>= 0
   
106
4506-T Indicator
A yes/no indicator of whether a Transcript of Tax Return (received pursuant to the filing of IRS Form 4506-T) was obtained and considered.
Borrower Qualification
Numeric – Integer
1
99
Always
See Coding
0 = No
1 = Yes
99 = Unknown
 
107
Borrower Income Verification Level
A code indicating the extent to which the borrower’s income has been verified:
Level 4 Income Verification = [W-2 (Prev. Yr.) OR TAX RETURNS* (Prev. Yr.)] AND PAY STUBS (YTD (at least one month)–if salaried)
Level 5 Income Verification = 24 months income verification (W-2s, pay stubs, bank statements and/or tax returns**)
*For self-employed borrowers:  Level 4 Income Verification:
• 2 Years Tax Returns
• Self-prepared tax returns (regardless of 4506 and tax transcripts)
 
** For self-employed borrowers: Level 5 Income Verification:
• 2 Years tax returns
• Tax returns prepared and not executed by a CPA, with
          o CPA name & phone number shown on the Preparer section of the tax return
          o Executed 4506 and tax transcripts (matching returns in file)
• Tax returns prepared and executed by a CPA  (regardless of 4506 and tax transcripts)
Borrower Qualification
Numeric – Integer
1
9
Always
See Coding
1 = Not Stated, Not Verified
2 = Stated, Not Verified
3 = Stated, “Partially” Verified
4 = Stated, “Level 4” Verified  (as defined)
5 = Stated, “Level 5” Verified  (as defined)
 
 
108
Co-Borrower Income Verification
A code indicating the extent to which the co-borrower’s income has been verified:
 
Level 4 Income Verification = [W-2 (Prev. Yr.) OR TAX RETURNS* (Prev. Yr.)] AND PAY STUBS (YTD (at least one month)–if salaried)
 
Level 5 Income Verification = 24 months income verification (W-2s, pay stubs, bank statements and/or tax returns**)
*For self-employed borrowers:  Level 4 Income Verification:
• 2 Years Tax Returns
• Self-prepared tax returns (regardless of 4506 and tax transcripts)
 
** For self-employed borrowers: Level 5 Income Verification:
• 2 Years tax returns
• Tax returns prepared and not executed by a CPA, with
          o CPA name & phone number shown on the Preparer section of the tax return
          o Executed 4506 and tax transcripts (matching returns in file)
• Tax returns prepared and executed by a CPA  (regardless of 4506 and tax transcripts)
Borrower Qualification
Numeric – Integer
2
9
If “Total Number of Borrowers” > 1
See Coding
1 = Not Stated, Not Verified
2 = Stated, Not Verified
3 = Stated, “Partially” Verified
4 = Stated, “Level 4” Verified  (as defined)
5 = Stated, “Level 5” Verified  (as defined)
 
 
109
Borrower Employment Verification
A code indicating the extent to which the primary borrower’s employment has been verified:
 
Level 3 Verified = Direct Independent Verification with a third party of the borrower’s current employment.
Borrower Qualification
Numeric – Integer
2
9
Always
See Coding
1 = Not Stated, Not Verified
2 = Stated, Not Verified
3 = Stated, Level 3 Verified (as defined)
 
110
Co-Borrower Employment Verification
A code indicating the extent to which the co-borrower’s employment has been verified:
 
Level 3 Verified = Direct Independent Verification with a third party of the co-borrower’s current employment.
Borrower Qualification
Numeric – Integer
1
9
If “Total Number of Borrowers” > 1
See Coding
1 = Not Stated, Not Verified
2 = Stated, Not Verified
3 = Stated, Level 3 Verified (as defined)
 
111
Borrower Asset Verification
A code indicating the extent to which the primary borrower’s assets used to qualify the loan have been verified:
 
Level 4 Verified = 2 months of bank statements/balance documentation (written or electronic) for liquid assets (or gift letter).
 
Borrower Qualification
Numeric – Integer
3
9
Always
See Coding
1 = Not Stated, Not Verified
2 = Stated, Not Verified
3 = Stated, “Partially” Verified
4 = Stated, Level 4 Verified  (as defined)
 
112
Co-Borrower Asset Verification
A code indicating the extent to which the co-borrower’s assets used to qualify the loan have been verified:
 
Level 4 = 2 months of bank statements/balance documentation (written or electronic) for liquid assets (or gift letter).
 
Borrower Qualification
Numeric – Integer
2
9
If “Total Number of Borrowers” > 1
See Coding
1 = Not Stated, Not Verified
2 = Stated, Not Verified
3 = Stated, “Partially” Verified
4 = Stated, Level 4 Verified  (as defined)
 
113
Liquid / Cash Reserves
The actual dollar amount of remaining verified liquid assets after settlement. (This should not include cash out amount of subject loan.)
Borrower Qualification
Numeric – Decimal
3242.76
9(9).99
Always
>= 0
   
114
Monthly Debt All Borrowers
The aggregate monthly payment due on other debt (excluding only installment loans with fewer than 10 payments remaining and other real estate loans used to compute net rental income— which is added/subtracted in the income fields).
Borrower Qualification
Numeric – Decimal
3472.43
9(9).99
Always
>= 0
   
115
Originator DTI
Total Debt to income ratio used by the originator to qualify the loan.
Borrower Qualification
Numeric – Decimal
0.35
9.999999
Always
>= 0 and >= 1
   
116
Fully Indexed Rate
The fully indexed interest rate as of securitization cut-off.
Borrower Qualification
Numeric – Decimal
0.0975
9.999999
ARMs Only
>= 0 and >= 1
   
117
Qualification Method
Type of mortgage payment used to qualify the borrower for the loan.
Borrower Qualification
Numeric – Integer
3
99
Always
See Coding
1 = Start Rate
2 = First Year Cap Rate
3 = I/O Amount
4 = Fully Indexed
5 = Min Payment
98 = Other
99 = Unknown
 
118
Percentage of Down Payment from Borrower Own Funds
Include only borrower funds, do not include any gift or borrowed funds. (Issuers may provide the actual percentage for each loan, or the guideline percentage and note departure concentration on the transaction summary.)
Borrower Qualification
Numeric – Decimal
0.5
9.999999
Purchase Loans Only
>= 0 and >= 1
   
119
City
The name of the city.
Subject Property
Text
New York
X(45)
Always
Unk=Unknown
   
120
State
The name of the state as a 2-digit Abbreviation.
Subject Property
Text
NY
XX
Always
See Coding
See Appendix H
 
121
Postal Code
The postal code (zip code in the US) where the subject property is located.
Subject Property
Text
10022
X(5)
Always
Unk=Unknown
   
122
Property Type
Specifies the type of property being used to secure the loan.
Subject Property
Numeric – Integer
11
99
Always
See Coding
See Appendix D
 
123
Occupancy
Specifies the property occupancy status (e.g., owner-occupied, investment property, second home, etc.).
Subject Property
Numeric – Integer
4
9
Always
See Coding
See Appendix E
 
124
Sales Price
The negotiated price of a given property between the buyer and seller.
Subject Property
Numeric – Decimal
450000.23
9(10).99
Purchase Loans Only
> 0
   
125
Original Appraised Property Value
The appraised value of the property used to approve the loan.
Subject Property
Numeric – Decimal
550000.23
9(10).99
Always
> 0
   
126
Original Property Valuation Type
Specifies the method by which the property value (at the time of underwriting) was reported.
Subject Property
Numeric – Integer
8
99
Always
See Coding
See Appendix F
 
127
Original Property Valuation Date
Specifies the date on which the original property value (at the time of underwriting) was reported. (Issuers unable to provide may Rep and Warrant that the appraisal used for underwriting was not more than x days old at time of loan closing.)
Subject Property
Date
20090914
YYYYMMDD
Always
“19010101” if unknown
   
128
Original Automated Valuation Model (AVM) Model Name
The name of the AVM Vendor if an AVM was used to determine the original property valuation.
Subject Property
Numeric – Integer
1
99
Always
See Appendix I
See Appendix I
 
129
Original AVM Confidence Score
The confidence range presented on the AVM report.
Subject Property
Numeric – Decimal
0.74
9.999999
If AVM Model Name (Field 127) > 0
>= 0 to <= 1
   
130
Most Recent Property Value[1]
If a valuation was obtained subsequent to the valuation used to calculate LTV, the most recent property value.
Subject Property
Numeric – Decimal
500000
9(10).99
If updated value was obtained subsequent to loan approval
> 0
   
131
Most Recent Property Valuation Type
If an additional property valuation was obtained after the valuation used for underwriting purposes, the method by which the property value was reported.
Subject Property
Numeric – Integer
6
9
If updated value was obtained subsequent to loan approval
See Coding
See Appendix F
 
132
Most Recent Property Valuation Date
Specifies the date on which the updated property value was reported.
Subject Property
Date
20090914
YYYYMMDD
If updated value was obtained subsequent to loan approval
“19010101” if unknown
   
133
Most Recent AVM Model Name
The name of the AVM Vendor if an AVM was used to determine the updated property valuation.
Subject Property
Numeric – Integer
19
99
If updated value was obtained subsequent to loan approval
See Coding
See Appendix I
 
134
Most Recent AVM Confidence Score
If AVM used to determine the updated property valuation, the confidence range presented on the AVM report.
Subject Property
Numeric – Decimal
0.85
9.999999
If “Most Recent AVM Model Name” > 0
>= 0 to <= 1
   
135
Original CLTV
The ratio obtained by dividing the amount of all known outstanding mortgage liens on a property at origination by the lesser of the appraised value or the sales price.
Loan-to-Value (LTV)
Numeric – Decimal
0.96
9.999999
Always
>= 0 and <= 1.5
   
136
Original LTV
The ratio obtained by dividing the original mortgage loan amount on the note date by the lesser of the mortgaged property’s appraised value on the note date or its purchase price.
Loan-to-Value (LTV)
Numeric – Decimal
0.8
9.999999
Always
>= 0 and <= 1.25
   
137
Original Pledged Assets
The total value of assets pledged as collateral for the loan at the time of origination. Pledged assets may include cash or marketable securities.
Loan-to-Value (LTV)
Numeric – Decimal
75000
9(10).99
Always
>=0
   
138
Mortgage Insurance Company Name
The name of the entity providing mortgage insurance for a loan.
Mortgage Insurance
Numeric – Integer
3
99
Always
See Coding
See Appendix G
 
139
Mortgage Insurance Percent
Mortgage Insurance coverage percentage.
Mortgage Insurance
Numeric – Decimal
0.25
9.999999
“Mortgage Insurance Company Name” > 0
>= 0 to <= 1
   
140
MI: Lender or Borrower Paid?
An indicator of whether mortgage insurance is paid by the borrower or the lender.
Mortgage Insurance
Numeric – Integer
1
99
“Mortgage Insurance Company Name” > 0
See Coding
1 = Borrower-Paid
2 = Lender- Paid
99 = Unknown
 
141
Pool Insurance Co. Name
Name of pool insurance provider.
Mortgage Insurance
Numeric – Integer
8
99
Always
See Coding
See Appendix G
 
142
Pool Insurance Stop Loss %
The aggregate amount that a pool insurer will pay, calculated as a percentage of the pool balance.
Mortgage Insurance
Numeric – Decimal
0.25
9.999999
Pool MI Company > 0
>= 0 to <= 1
   
143
MI Certificate Number
The unique number assigned to each individual loan insured under an MI policy.
Mortgage Insurance
Text
123456789G
X(20)
MI Company
> 0
UNK = Unknown
   
144
Updated DTI
(Front-end)
Updated front-end DTI ratio (total monthly housing expense divided by total monthly income) used to qualify the loan modification.
Loan Modifications (Pertains only to loans modified for loss mitigation purposes)
Numeric – Decimal
0.35
9.999999
Modified Loans Only
>= 0 and >= 1
   
145
Updated DTI
(Back-end)
Updated back-end DTI ratio (total monthly debt expense divided by total monthly income) used to qualify the loan modification.
Loan Modifications (Pertains only to loans modified for loss mitigation purposes)
Numeric – Decimal
0.35
9.999999
Modified Loans Only
>= 0 and >= 1
   
146
Modification Effective Payment Date
Date of first payment due post modification.
Loan Modifications (Pertains only to loans modified for loss mitigation purposes)
Date
20090914
YYYYMMDD
Modified Loans Only
“19010101” if unknown
   
147
Total Capitalized Amount
Amount added to the principal balance of a loan due to the modification.
Loan Modifications (Pertains only to loans modified for loss mitigation purposes)
Numeric – Decimal
12000
9(10).99
Modified Loans Only
>= 0
   
148
Total Deferred Amount
Any non-interest-bearing deferred amount (e.g., principal, interest and fees).
Loan Modifications (Pertains only to loans modified for loss mitigation purposes)
Numeric – Decimal
12000
9(10).99
Modified Loans Only
>= 0
   
149
Pre-Modification Interest (Note) Rate
Scheduled Interest Rate Of The Loan Immediately Preceding The Modification Effective Payment Date.
Loan Modifications (Pertains only to loans modified for loss mitigation purposes)
Numeric – Decimal
0.075
9.999999
Modified Loans Only
>= 0 to <= 1
   
150
Pre-Modification P&I Payment
Scheduled Total Principal And Interest Payment Amount Preceding The Modification Effective Payment Date – or if servicer is no longer advancing P&I, the payment that would be in effect if the loan were current.
Loan Modifications (Pertains only to loans modified for loss mitigation purposes)
Numeric – Decimal
2310.57
9(10).99
Modified Loans Only
> 0
   
151
Pre-Modification Initial Interest Rate Change Downward Cap
Maximum amount the rate can adjust downward on the first interest rate adjustment date (prior to modification) – Only provide if the rate floor is modified.
Loan Modifications (Pertains only to loans modified for loss mitigation purposes)
Numeric – Decimal
0.015
9.999999
Modified Loans Only
>= 0 to <= 1
   
152
Pre-Modification Subsequent Interest Rate Cap
Maximum increment the rate can adjust upward AFTER the initial rate adjustment (prior to modification) – Only provide if the Cap is modified.
Loan Modifications (Pertains only to loans modified for loss mitigation purposes)
Numeric – Decimal
0.015
9.999999
Modified Loans Only
>= 0 to <= 1
   
153
Pre-Modification Next Interest Rate Change Date
Next Interest Reset Date Under The Original Terms Of The Loan (one month prior to new payment due date).
Loan Modifications (Pertains only to loans modified for loss mitigation purposes)
Date
20090914
YYYYMMDD
Modified Loans Only
“19010101” if unknown
   
154
Pre-Modification I/O Term
Interest Only Term (in months) preceding The Modification Effective Payment Date.
Loan Modifications (Pertains only to loans modified for loss mitigation purposes)
Numeric – Integer
36
999
Modified Loans Only
>= 0 to <= 120
   
155
Forgiven Principal Amount
The sum total of all principal balance reductions (as a result of loan modification) over the life of the loan.
Loan Modifications (Pertains only to loans modified for loss mitigation purposes)
Numeric – Decimal
12000
9(10).99
Modified Loans Only
>= 0
   
156
Forgiven Interest Amount
The sum total of all interest incurred and forgiven (as a result of loan modification) over the life of the loan.
Loan Modifications (Pertains only to loans modified for loss mitigation purposes)
Numeric – Decimal
12000
9(10).99
Modified Loans Only
>= 0
   
157
Number of Modifications
The number of times the loan has been modified.
Loan Modifications (Pertains only to loans modified for loss mitigation purposes)
Numeric – Integer
1
9
Modified Loans Only
>= 0
   
MH-1
Real Estate Interest
Indicates whether the property on which the manufactured home is situated is owned outright or subject to the terms of a short- or long-term lease. (A long-term lease is defined as a lease whose term is greater than or equal to the loan term.)
Manufactured Housing
Numeric – Integer
2
99
Manufactured Housing Loans Only
See Coding
1 = Owned
2 = Short-term lease
3 = Long-term lease
99 = Unavailable
 
MH-2
Community Ownership Structure
If the manufactured home is situated in a community, a means of classifying ownership of the community.
Manufactured Housing
Numeric – Integer
2
99
Manufactured Housing Loans Only
See Coding
1 = Public Institutional
2 = Public Non-Institutional
3 = Private Institutional
4 = Private Non-Institutional
5 = HOA-Owned
6 = Non-Community
99 = Unavailable
 
MH-3
Year of Manufacture
The year in which the home was manufactured (Model Year — YYYY Format). Required only in cases where a full appraisal is not provided.
Manufactured Housing
Numeric – Integer
2006
YYYY
Manufactured Housing Loans Only
1901 = Unavailable
   
MH-4
HUD Code Compliance  Indicator (Y/N)
Indicates whether the home was constructed in accordance with the 1976 HUD code. In general, homes manufactured after 1976 comply with this code.
Manufactured Housing
Numeric – Integer
1
9
Manufactured Housing Loans Only
See Codes
0 = No
1 = Yes
99 = Unavailable
 
MH-5
Gross Manufacturer’s Invoice Price
The total amount that appears on the manufacturer’s invoice (typically includes intangible costs such as transportation, association, on-site setup, service and warranty costs, taxes, dealer incentives, and other fees).
Manufactured Housing
Numeric – Decimal
72570.62
9(10).99
Manufactured Housing Loans Only
>= 0
   
MH-6
LTI (Loan-to-Invoice) Gross
The ratio of the loan amount divided by the Gross Manufacturer’s Invoice Price (Field MH-5).
Manufactured Housing
Numeric – Decimal
0.75
9.999999
Manufactured Housing Loans Only
>= 0 to <= 1
   
MH-7
Net Manufacturer’s Invoice Price
The Gross Manufacturer’s Invoice Price (Field MH-5) minus intangible costs, including: transportation, association, on-site setup, service, and warranty costs, taxes, dealer incentives, and other fees.
Manufactured Housing
Numeric – Decimal
61570.62
9(10).99
Manufactured Housing Loans Only
>= 0
   
MH-8
LTI (Net)
The ratio of the loan amount divided by the Net Manufacturer’s Invoice Price (Field MH-7).
Manufactured Housing
Numeric – Decimal
0.62
9.999999
Manufactured Housing Loans Only
>= 0 to <= 1
   
MH-9
Manufacturer Name
The manufacturer of the subject property. (To be applied only in cases where no appraised value/other type of property valuation is available.)
Manufactured Housing
Text
“XYZ Corp”
Char (100)
Manufactured Housing Loans Only (where no appraised value is provided)
MH Manufacturer name in double quotation marks
   
MH-10
Model Name
The model name of the subject property. (To be applied only in cases where no appraised value/other type of property valuation is available.)
Manufactured Housing
Text
“DX5-916-X”
Char (100)
Manufactured Housing Loans Only (where no appraised value is provided)
MH Model name in double quotation marks
   
MH-11
Down Payment Source
An indicator of the source of the down payment used by the borrower to acquire the property and qualify for the mortgage.
Manufactured Housing
Numeric – Integer
2
99
Manufactured Housing Loans Only
See Codes
1 = Cash
2 = Proceeds from trade in
3 = Land in Lieu
4 = Other
99 = Unavailable
 
MH-12
Community/Related Party Lender (Y/N)
An indicator of whether the loan was made by the community owner, an affiliate of the community owner or the owner of the real estate upon which the collateral is located.
Manufactured Housing
Numeric – Integer
1
99
Manufactured Housing Loans Only
See Codes
0 = No
1 = Yes
99 = Unavailable
 
MH-13
Defined Underwriting Criteria (Y/N)
An indicator of whether the loan was made in accordance with a defined and/or standardized set of underwriting criteria.
Manufactured Housing
Numeric – Integer
1
99
Manufactured Housing Loans Only
See Codes
0 = No
1 = Yes
99 = Unavailable
 
MH-14
Chattel Indicator
An Indicator of whether the secured property is classified as chattel or Real Estate.
Manufactured Housing
Numeric – Integer
1
99
Manufactured Housing Loans Only
See Codes
0 = Real Estate
1 = Chattel
99 = Unavailable
 
 
 

 

ATTACHMENT 2

 

PURCHASE AND SERVICING AGREEMENT

 

Refer to Exhibit 10.6

 

 

 

2
 

ATTACHMENT 3

 

ADDITIONAL DEFINED TERMS FROM POOLING AND SERVICING AGREEMENT

 

Affiliate: With respect to any specified Person, any other Person controlling or controlled by or under common control with such specified Person. For the purposes of this definition, “control” when used with respect to any specified Person means the power to direct the management and policies of such Person, directly or indirectly, whether through the ownership of voting securities, by contract or otherwise; and the terms “controlling” and “controlled” have meanings correlative to the foregoing.

 

Independent: When used with respect to any other Person, a Person who (a) is in fact independent of another specified Person and any Affiliate of such other Person, (b) does not have any material direct financial interest in such other Person or any Affiliate of such other Person, and (c) is not connected with such other Person or any Affiliate of such other Person as an officer, employee, promoter, underwriter, trustee, partner, director or Person performing similar functions.

 

Liquidation Proceeds: Amounts, including Insurance Proceeds, received in connection with the partial or complete liquidation of defaulted Mortgage Loans, whether through trustee’s sale, foreclosure sale or otherwise or amounts received in connection with any condemnation or partial release of a Mortgaged Property and any other proceeds received in connection with an REO Property.

 

Principal Forbearance Amount: With respect to a Mortgage Loan that was the subject of a Servicing Modification, the amount of principal of the Mortgage Loan that has been deferred and that does not accrue interest.

 

Servicing Modification: Any reduction of the Note Rate on or the outstanding principal balance of a Mortgage Loan, any extension of the final maturity date of a Mortgage Loan, any increase to the outstanding principal balance of a Mortgage Loan by adding to the Stated Principal Balance unpaid principal and interest and other amounts owing under the Mortgage Loan, any Principal Forbearance Amount and any other modification, in each case pursuant to a modification of a Mortgage Loan that is in default or for which, in the judgment of the Servicer, default is reasonably foreseeable in accordance with the Purchase and Servicing Agreement.

3
 

EXHIBIT D-3

 

 

INITIAL AUTHORIZED REPRESENTATIVES OF THE SERVICER

 

 

 

 

Name   Title   Specimen Signature
         
         
         
         
         
         
         
         
         
         
         
         
         
         
         

 

 

 

D-3
 

EXHIBIT F

 

REQUEST FOR RELEASE OF DOCUMENTS

 

To: Wells Fargo Bank, N.A. Date:  _______________
  751 Kasota Avenue  
  Minneapolis, MN  55414  
  Attn:  WFDC Release Department.  

 

Re:Custodial Agreement, dated as of March 1, 2012, among U.S. Bank National Association, as Trustee, Wells Fargo Bank, N.A., as Custodian, Sequoia Residential Funding, Inc., as Depositor, and Redwood Residential Acquisition Corporation, as Seller

 

In connection with the administration of the Mortgage Loans held by you as Custodian for the Trustee pursuant to the above-captioned Custodial Agreement, we request the release of the Custodian’s Mortgage File for the Mortgage Loan described below, for the reason indicated.

 

 

Mortgage Loan Number: ___________________ Investor Number: _________________
   
Mortgagor Name, Address & Zip Code:                  Pool Number:____________________

 

Reason for Requesting Documents (check one):

 

_______ 1. Mortgage Paid in Full

 

_______ 2. Foreclosure

 

_______ 3. Substitution

 

_______ 4. Other Liquidation

 

_______ 5. Non-liquidation Reason:__________________
   
  For CMI Use Only:_____________

 

 

By:____________________________________________
(Authorized Signature)

 

Printed Name ___________________________________

 

Servicer Name:           PHH Mortgage Corporation                    

 

Ship To Address:      One Mortgage Way                                  

      Mount Laurel, NJ 08054                           

 

Phone: ______________________

F-1
 

 

 

Custodian

 

Please acknowledge the execution of the above request by your signature and date below:

 

________________________________________     Date                               

Signature

 

Documents returned to Custodian:

 

________________________________________     Date                               

Custodian

 

 

 

F-2
 

EXHIBIT 13

 

FORM OF MONTHLY LOSS REPORT

 

Exhibit : Calculation of Realized Loss/Gain Form 332– Instruction Sheet

NOTE: Do not net or combine items. Show all expenses individually and all credits as separate line items. Claim packages are due on the remittance report date. Late submissions may result in claims not being passed until the following month. The Servicer is responsible to remit all funds pending loss approval and /or resolution of any disputed items.

 

 

The numbers on the 332 form correspond with the numbers listed below.

 

Liquidation and Acquisition Expenses:

1.The Actual Unpaid Principal Balance of the Mortgage Loan. For documentation, an Amortization Schedule from date of default through liquidation breaking out the net interest and servicing fees advanced is required.

  

2.The Total Interest Due less the aggregate amount of servicing fee that would have been earned if all delinquent payments had been made as agreed. For documentation, an Amortization Schedule from date of default through liquidation breaking out the net interest and servicing fees advanced is required.
3.Accrued Servicing Fees based upon the Scheduled Principal Balance of the Mortgage Loan as calculated on a monthly basis. For documentation, an Amortization Schedule from date of default through liquidation breaking out the net interest and servicing fees advanced is required.
4-12.Complete as applicable. Required documentation:

* For taxes and insurance advances – see page 2 of 332 form - breakdown required showing period

of coverage, base tax, interest, penalty. Advances prior to default require evidence of servicer efforts to recover advances.

* For escrow advances - complete payment history

(to calculate advances from last positive escrow balance forward)

* Other expenses -  copies of corporate advance history showing all payments

* REO repairs > $1500 require explanation

* REO repairs >$3000 require evidence of at least 2 bids.

* Short Sale or Charge Off require P&L supporting the decision and WFB’s approved Officer Certificate

* Unusual or extraordinary items may require further documentation.

13.The total of lines 1 through 12.

Credits:

 

14-21.Complete as applicable. Required documentation:

* Copy of the HUD 1 from the REO sale. If a 3rd Party Sale, bid instructions and Escrow Agent / Attorney

Letter of Proceeds Breakdown.

* Copy of EOB for any MI or gov't guarantee

* All other credits need to be clearly defined on the 332 form            

 
 
22.The total of lines 14 through 21.

 

 

PleaseNote:For HUD/VA loans, use line (18a) for Part A/Initial proceeds and line (18b) for Part B/Supplemental proceeds.

  

Total Realized Loss (or Amount of Any Gain)

23.The total derived from subtracting line 22 from 13. If the amount represents a realized gain, show the amount in parenthesis ( ).
 
 

 

Exhibit 3A: Calculation of Realized Loss/Gain Form 332

  

Prepared by: __________________           Date: _______________

 

Phone: ______________________ Email Address:_____________________

 

Servicer Loan No.

 

 

 

 

Servicer Name

 

 

 

 

Servicer Address

 

 

 

 

 

 

WELLS FARGO BANK, N.A. Loan No._____________________________

 

Borrower's Name: _________________________________________________________

 

Property Address: _________________________________________________________

 

Liquidation Type: REO Sale        3rd Party Sale        Short Sale        Charge Off

 

Was this loan granted a Bankruptcy deficiency or cramdown          Yes           No

 

If “Yes”, provide deficiency or cramdown amount _______________________________

 

Liquidation and Acquisition Expenses:

 

(1) Actual Unpaid Principal Balance of Mortgage Loan $ ______________ (1)
(2) Interest accrued at Net Rate ________________ (2)
(3) Accrued Servicing Fees ________________ (3)
(4) Attorney's Fees ________________ (4)
(5) Taxes (see page 2) ________________ (5)
(6) Property Maintenance ________________ (6)
(7) MI/Hazard Insurance Premiums (see page 2) ________________ (7)
(8) Utility Expenses ________________ (8)
(9) Appraisal/BPO ________________ (9)
(10) Property Inspections ________________ (10)
(11) FC Costs/Other Legal Expenses ________________ (11)
(12) Other (itemize) ________________ (12)
  Cash for Keys__________________________ ________________ (12)
  HOA/Condo Fees_______________________ ________________ (12)
  ______________________________________ ________________ (12)
       
  Total Expenses $ _______________ (13)
Credits:    
(14) Escrow Balance $ _______________ (14)
(15) HIP Refund ________________ (15)
(16) Rental Receipts ________________ (16)
(17) Hazard Loss Proceeds ________________ (17)
(18) Primary Mortgage Insurance / Gov’t Insurance ________________ (18a) HUD Part A
    ________________ (18b) HUD Part B
(19) Pool Insurance Proceeds ________________ (19)
(20) Proceeds from Sale of Acquired Property ________________ (20)
(21) Other (itemize) ________________ (21)
  _________________________________________ ________________ (21)
       
  Total Credits $________________ (22)
Total Realized Loss (or Amount of Gain) $________________ (23)
 
 

Escrow Disbursement Detail

 

 

Type

(Tax /Ins.)

Date

Paid

Period of

Coverage

Total

Paid

Base

Amount

Penalties Interest
             
             
             
             
             
             
             
             

 

 

 
 

EXHIBIT 14

 

FORM OF DELINQUENCY REPORTING

 

 

Exhibit   : Standard File Layout – Delinquency Reporting

 

*The column/header names in bold are the minimum fields Wells Fargo must receive from every Servicer

COLUMN/HEADER NAME DESCRIPTION DECIMAL FORMAT COMMENT
SERVICER_LOAN_NBR A unique number assigned to a loan by the Servicer.  This may be different than the LOAN_NBR    
LOAN_NBR A unique identifier assigned to each loan by the originator.    
CLIENT_NBR Servicer Client Number    
SERV_INVESTOR_NBR Contains a unique number as assigned by an external servicer to identify a group of loans in their system.    
BORROWER_FIRST_NAME First Name of the Borrower.    
BORROWER_LAST_NAME Last name of the borrower.    
PROP_ADDRESS Street Name and Number of Property    
PROP_STATE The state where the  property located.    
PROP_ZIP Zip code where the property is located.    
BORR_NEXT_PAY_DUE_DATE The date that the borrower's next payment is due to the servicer at the end of processing cycle, as reported by Servicer.   MM/DD/YYYY
LOAN_TYPE Loan Type (i.e. FHA, VA, Conv)    
BANKRUPTCY_FILED_DATE The date a particular bankruptcy claim was filed.   MM/DD/YYYY
BANKRUPTCY_CHAPTER_CODE The chapter under which the bankruptcy was filed.    
BANKRUPTCY_CASE_NBR The case number assigned by the court to the bankruptcy filing.    
POST_PETITION_DUE_DATE The payment due date once the bankruptcy has been approved by the courts   MM/DD/YYYY
BANKRUPTCY_DCHRG_DISM_DATE The Date The Loan Is Removed From Bankruptcy. Either by Dismissal, Discharged and/or a Motion For Relief Was Granted.   MM/DD/YYYY
LOSS_MIT_APPR_DATE The Date The Loss Mitigation Was Approved By The Servicer   MM/DD/YYYY
LOSS_MIT_TYPE The Type Of Loss Mitigation Approved For A Loan Such As;    

 

 
 

 

COLUMN/HEADER NAME DESCRIPTION DECIMAL FORMAT COMMENT
LOSS_MIT_EST_COMP_DATE The Date The Loss Mitigation /Plan Is Scheduled To End/Close   MM/DD/YYYY
LOSS_MIT_ACT_COMP_DATE The Date The Loss Mitigation Is Actually Completed   MM/DD/YYYY
FRCLSR_APPROVED_DATE The date DA Admin sends a letter to the servicer with instructions to begin foreclosure proceedings.   MM/DD/YYYY
ATTORNEY_REFERRAL_DATE Date File Was Referred To Attorney to Pursue Foreclosure   MM/DD/YYYY
FIRST_LEGAL_DATE Notice of 1st legal filed by an Attorney in a Foreclosure Action   MM/DD/YYYY
FRCLSR_SALE_EXPECTED_DATE The date by which a foreclosure sale is expected to occur.   MM/DD/YYYY
FRCLSR_SALE_DATE The actual date of the foreclosure sale.   MM/DD/YYYY
FRCLSR_SALE_AMT The amount a property sold for at the foreclosure sale. 2 No commas(,) or dollar signs ($)
EVICTION_START_DATE The date the servicer initiates eviction of the borrower.   MM/DD/YYYY
EVICTION_COMPLETED_DATE The date the court revokes legal possession of the property from the borrower.   MM/DD/YYYY
LIST_PRICE The price at which an REO property is marketed. 2 No commas(,) or dollar signs ($)
LIST_DATE The date an REO property is listed at a particular price.   MM/DD/YYYY
OFFER_AMT The dollar value of an offer for an REO property. 2 No commas(,) or dollar signs ($)
OFFER_DATE_TIME The date an offer is received by DA Admin or by the Servicer.   MM/DD/YYYY
REO_CLOSING_DATE The date the REO sale of the property is scheduled to close.   MM/DD/YYYY
REO_ACTUAL_CLOSING_DATE Actual Date Of REO Sale   MM/DD/YYYY
OCCUPANT_CODE Classification of how the property is occupied.    
PROP_CONDITION_CODE A code that indicates the condition of the property.    
PROP_INSPECTION_DATE The date a  property inspection is performed.   MM/DD/YYYY
APPRAISAL_DATE The date the appraisal was done.   MM/DD/YYYY

 

 
 

 

COLUMN/HEADER NAME DESCRIPTION DECIMAL FORMAT COMMENT
CURR_PROP_VAL  The current "as is" value of the property based on brokers price opinion or appraisal. 2  
REPAIRED_PROP_VAL The amount the property would be worth if repairs are completed pursuant to a broker's price opinion or appraisal. 2  
If applicable:      
DELINQ_STATUS_CODE FNMA Code Describing Status of Loan    
DELINQ_REASON_CODE The circumstances which caused a borrower to stop paying on a loan.   Code indicates the reason why the loan is in default for this cycle.    
MI_CLAIM_FILED_DATE Date Mortgage Insurance Claim Was Filed With Mortgage Insurance Company.   MM/DD/YYYY
MI_CLAIM_AMT Amount of Mortgage Insurance Claim Filed   No commas(,) or dollar signs ($)
MI_CLAIM_PAID_DATE Date Mortgage Insurance Company Disbursed Claim Payment   MM/DD/YYYY
MI_CLAIM_AMT_PAID Amount Mortgage Insurance Company Paid On Claim 2 No commas(,) or dollar signs ($)
POOL_CLAIM_FILED_DATE Date Claim Was Filed With Pool Insurance Company   MM/DD/YYYY
POOL_CLAIM_AMT Amount of Claim Filed With Pool Insurance Company 2 No commas(,) or dollar signs ($)
POOL_CLAIM_PAID_DATE Date Claim Was Settled and The Check Was Issued By The Pool Insurer   MM/DD/YYYY
POOL_CLAIM_AMT_PAID Amount Paid On Claim By Pool Insurance Company 2 No commas(,) or dollar signs ($)
FHA_PART_A_CLAIM_FILED_DATE  Date FHA Part A Claim Was Filed With HUD   MM/DD/YYYY
FHA_PART_A_CLAIM_AMT  Amount of FHA Part A Claim Filed 2 No commas(,) or dollar signs ($)
FHA_PART_A_CLAIM_PAID_DATE  Date HUD Disbursed Part A Claim Payment   MM/DD/YYYY
FHA_PART_A_CLAIM_PAID_AMT  Amount HUD Paid on Part A Claim 2 No commas(,) or dollar signs ($)
FHA_PART_B_CLAIM_FILED_DATE   Date FHA Part B Claim Was Filed With HUD   MM/DD/YYYY
FHA_PART_B_CLAIM_AMT   Amount of FHA Part B Claim Filed 2 No commas(,) or dollar signs ($)

 

 
 

 

COLUMN/HEADER NAME DESCRIPTION DECIMAL FORMAT COMMENT
FHA_PART_B_CLAIM_PAID_DATE    Date HUD Disbursed Part B Claim Payment   MM/DD/YYYY
FHA_PART_B_CLAIM_PAID_AMT  Amount HUD Paid on Part B Claim 2 No commas(,) or dollar signs ($)
VA_CLAIM_FILED_DATE  Date VA Claim Was Filed With the Veterans Admin   MM/DD/YYYY
VA_CLAIM_PAID_DATE  Date Veterans Admin. Disbursed VA Claim Payment   MM/DD/YYYY
VA_CLAIM_PAID_AMT  Amount Veterans Admin. Paid on VA Claim 2 No commas(,) or dollar signs ($)
MOTION_FOR_RELIEF_DATE The date the Motion for Relief was filed 10 MM/DD/YYYY
FRCLSR_BID_AMT The foreclosure sale bid amount 11 No commas(,) or dollar signs ($)
FRCLSR_SALE_TYPE The foreclosure sales results: REO, Third Party, Conveyance to HUD/VA    
REO_PROCEEDS The net proceeds from the sale of the REO property.    No commas(,) or dollar signs ($)
BPO_DATE The date the BPO was done.    
CURRENT_FICO The current FICO score    
HAZARD_CLAIM_FILED_DATE The date the Hazard Claim was filed with the Hazard Insurance Company. 10 MM/DD/YYYY
HAZARD_CLAIM_AMT The amount of the Hazard Insurance Claim filed. 11 No commas(,) or dollar signs ($)
HAZARD_CLAIM_PAID_DATE The date the Hazard Insurance Company disbursed the claim payment. 10 MM/DD/YYYY
HAZARD_CLAIM_PAID_AMT The amount the Hazard Insurance Company paid on the claim. 11 No commas(,) or dollar signs ($)
ACTION_CODE Indicates loan status   Number
NOD_DATE     MM/DD/YYYY
NOI_DATE     MM/DD/YYYY
ACTUAL_PAYMENT_PLAN_START_DATE     MM/DD/YYYY
ACTUAL_PAYMENT_ PLAN_END_DATE      
ACTUAL_REO_START_DATE     MM/DD/YYYY
REO_SALES_PRICE     Number
REALIZED_LOSS/GAIN As defined in the Servicing Agreement   Number

 

 
 

 

Exhibit 2: Standard File Codes – Delinquency Reporting

 

The Loss Mit Type field should show the approved Loss Mitigation Code as follows: 

  · ASUM-   Approved Assumption
  · BAP- Borrower Assistance Program
  · CO- Charge Off
  · DIL- Deed-in-Lieu
  · FFA- Formal Forbearance Agreement
  · MOD- Loan Modification
  · PRE- Pre-Sale
  · SS- Short Sale
  · MISC- Anything else approved by the PMI or Pool Insurer

 

NOTE: Wells Fargo Bank will accept alternative Loss Mitigation Types to those above, provided that they are consistent with industry standards. If Loss Mitigation Types other than those above are used, the Servicer must supply Wells Fargo Bank with a description of each of the Loss Mitigation Types prior to sending the file.

 

The Occupant Code field should show the current status of the property code as follows:

·Mortgagor
·Tenant
·Unknown
·Vacant

 

The Property Condition field should show the last reported condition of the property as follows:

·Damaged
·Excellent
·Fair
·Gone
·Good
·Poor
·Special Hazard
·Unknown
 
 

 

Exhibit 2: Standard File Codes – Delinquency Reporting, Continued

 

The FNMA Delinquent Reason Code field should show the Reason for Delinquency as follows:

 

Delinquency
Code
Delinquency Description
001 FNMA-Death of principal mortgagor
002 FNMA-Illness of principal mortgagor
003 FNMA-Illness of mortgagor’s family member
004 FNMA-Death of mortgagor’s family member
005 FNMA-Marital difficulties
006 FNMA-Curtailment of income
007 FNMA-Excessive Obligation
008 FNMA-Abandonment of property
009 FNMA-Distant employee transfer
011 FNMA-Property problem
012 FNMA-Inability to sell property
013 FNMA-Inability to rent property
014 FNMA-Military Service
015 FNMA-Other
016 FNMA-Unemployment
017 FNMA-Business failure
019 FNMA-Casualty loss
022 FNMA-Energy environment costs
023 FNMA-Servicing problems
026 FNMA-Payment adjustment
027 FNMA-Payment dispute
029 FNMA-Transfer of ownership pending
030 FNMA-Fraud
031 FNMA-Unable to contact borrower
INC FNMA-Incarceration

 

 
 

 

Exhibit 2: Standard File Codes – Delinquency Reporting, Continued

 

The FNMA Delinquent Status Code field should show the Status of Default as follows:

 

Status Code Status Description
09 Forbearance
17 Pre-foreclosure Sale Closing Plan Accepted
24 Government Seizure
26 Refinance
27 Assumption
28 Modification
29 Charge-Off
30 Third Party Sale
31 Probate
32 Military Indulgence
43 Foreclosure Started
44 Deed-in-Lieu Started
49 Assignment Completed
61 Second Lien Considerations
62 Veteran’s Affairs-No Bid
63 Veteran’s Affairs-Refund
64 Veteran’s Affairs-Buydown
65 Chapter 7 Bankruptcy
66 Chapter 11 Bankruptcy
67 Chapter 13 Bankruptcy