A Virginia Pooling and Servicing Agreement (PSA) is a legal contract that outlines the terms and conditions for the sale and servicing of mortgage loans. This agreement is commonly used in securitization transactions, where a company sells pools of mortgage loans to a trustee who then creates a trust fund for investors. In a Virginia PSA contemplating the sale of mortgage loans to Trustee for inclusion in the Trust Fund, the agreement typically covers the following aspects: 1. Mortgage Loan Sale: The PSA specifies the terms under which the company transfers the mortgage loans to the trustee. This includes details such as loan pool characteristics, purchase price, delivery requirements, representations, and warranties. 2. Trust Fund Creation: The agreement outlines the establishment of a trust fund, which is formed by the trustee to hold the mortgage loans on behalf of investors. It describes how the trust fund is structured and the rights and responsibilities of the trustee in managing the fund. 3. Servicing and Administration: The PSA addresses the servicing and administration of the mortgage loans within the trust fund. It includes provisions related to payment collection, borrower contact, escrow management, loss mitigation procedures, remittance of principal and interest, and reporting requirements. 4. Rights and Obligations: The agreement defines the rights and obligations of both the trustee and the company. This includes the trustee's duty to act in the best interest of the investors, the company's responsibilities regarding loan documentation and representations, and the allocation of cash flows and proceeds from loan defaults. 5. Indemnification and Limitation of Liability: The PSA typically includes provisions related to indemnification and limitation of liability. It outlines the circumstances under which the company or the trustee can be held accountable for any losses or damages incurred due to breaches of the agreement or the mortgage loans themselves. 6. Events of Default and Termination: The agreement specifies the events that may trigger a default by either party and the remedies available to the non-defaulting party. It also outlines the conditions under which the agreement can be terminated. While there might not be specific types of Virginia SAS contemplating the sale of mortgage loans to a trustee for inclusion in the trust fund, variations can exist based on factors such as the characteristics of the mortgage loans, the structure of the trust fund, or the requirements of the investors. However, it is important to consult legal professionals to understand the specific variations and nuances of the PSA used in a particular transaction.
Virginia Pooling and Servicing Agreement contemplating the sale of mortgage loans to Trustee for inclusion in the Trust Fund by the company
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How to fill out Virginia Pooling And Servicing Agreement Contemplating The Sale Of Mortgage Loans To Trustee For Inclusion In The Trust Fund By The Company?
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