Pooling and Servicing Agreement between MLCC Mortgage Investors, Inc., Merrill Lynch Credit Corporation and Bankers Trust Company of California, NA contemplating the sale of mortgage loans to Trustee for inclusion in the Trust Fund by the company dated
Wisconsin Pooling and Servicing Agreement is a legally binding contract that outlines the terms and conditions for the sale of mortgage loans to a Trustee, with the purpose of including them in a Trust Fund. This agreement is crucial in the process of securitization, where mortgage loans are pooled together and sold as investment securities. The Wisconsin Pooling and Servicing Agreement typically includes the following aspects: 1. Definitions: This section clearly defines key terms used throughout the agreement, such as "Trustee," "Mortgage Loans," "Trust Fund," and "Service." 2. Sale and Transfer of Mortgage Loans: The agreement specifies the process by which the company will sell and transfer the mortgage loans to the Trustee. This includes the required documentation, representations, and warranties related to the mortgage loans. 3. Payment of Principal and Interest: It outlines the schedule and methodology for the payment of principal and interest to the Trustee by the borrowers. This section also includes the allocation of any prepayments, late fees, and other charges. 4. Servicing of Mortgage Loans: This section defines the responsibilities and obligations of the Service, who acts on behalf of the Trustee. It covers loan administration, collection, default management, and foreclosure proceedings. 5. Trust Fund: The agreement describes the creation and maintenance of the Trust Fund, ensuring that the assets are held securely and managed in accordance with applicable laws and regulations. 6. Representations and Warranties: The company provides assurances regarding the quality, legality, and enforceability of the mortgage loans being transferred to the Trustee. This protects the Trustee and potential investors from any hidden risks or defects. 7. Indemnification: The agreement includes provisions for indemnification, where the company agrees to compensate the Trustee for any losses, damages, or expenses incurred due to breaches of the agreement. Different types of Wisconsin Pooling and Servicing Agreements contemplating the sale of mortgage loans to the Trustee for inclusion in the Trust Fund may include: 1. Fixed-Rate Pooling and Servicing Agreement 2. Adjustable-Rate Pooling and Servicing Agreement 3. Jumbo Loan Pooling and Servicing Agreement 4. Government-Backed Mortgage Pooling and Servicing Agreement (e.g., FHA or VA loans) 5. Residential Mortgage-Backed Securities (RMBS) Pooling and Servicing Agreement Each type of agreement may have nuances and specific provisions tailored to the characteristics of the mortgage loans being securitized, such as interest rates, loan-to-value ratios, and property types. In conclusion, the Wisconsin Pooling and Servicing Agreement is a critical document that governs the process of transferring mortgage loans to a Trustee for inclusion in a Trust Fund. It ensures compliance, transparency, and accountability throughout the securitization process, benefiting both mortgage lenders and investors.
Wisconsin Pooling and Servicing Agreement is a legally binding contract that outlines the terms and conditions for the sale of mortgage loans to a Trustee, with the purpose of including them in a Trust Fund. This agreement is crucial in the process of securitization, where mortgage loans are pooled together and sold as investment securities. The Wisconsin Pooling and Servicing Agreement typically includes the following aspects: 1. Definitions: This section clearly defines key terms used throughout the agreement, such as "Trustee," "Mortgage Loans," "Trust Fund," and "Service." 2. Sale and Transfer of Mortgage Loans: The agreement specifies the process by which the company will sell and transfer the mortgage loans to the Trustee. This includes the required documentation, representations, and warranties related to the mortgage loans. 3. Payment of Principal and Interest: It outlines the schedule and methodology for the payment of principal and interest to the Trustee by the borrowers. This section also includes the allocation of any prepayments, late fees, and other charges. 4. Servicing of Mortgage Loans: This section defines the responsibilities and obligations of the Service, who acts on behalf of the Trustee. It covers loan administration, collection, default management, and foreclosure proceedings. 5. Trust Fund: The agreement describes the creation and maintenance of the Trust Fund, ensuring that the assets are held securely and managed in accordance with applicable laws and regulations. 6. Representations and Warranties: The company provides assurances regarding the quality, legality, and enforceability of the mortgage loans being transferred to the Trustee. This protects the Trustee and potential investors from any hidden risks or defects. 7. Indemnification: The agreement includes provisions for indemnification, where the company agrees to compensate the Trustee for any losses, damages, or expenses incurred due to breaches of the agreement. Different types of Wisconsin Pooling and Servicing Agreements contemplating the sale of mortgage loans to the Trustee for inclusion in the Trust Fund may include: 1. Fixed-Rate Pooling and Servicing Agreement 2. Adjustable-Rate Pooling and Servicing Agreement 3. Jumbo Loan Pooling and Servicing Agreement 4. Government-Backed Mortgage Pooling and Servicing Agreement (e.g., FHA or VA loans) 5. Residential Mortgage-Backed Securities (RMBS) Pooling and Servicing Agreement Each type of agreement may have nuances and specific provisions tailored to the characteristics of the mortgage loans being securitized, such as interest rates, loan-to-value ratios, and property types. In conclusion, the Wisconsin Pooling and Servicing Agreement is a critical document that governs the process of transferring mortgage loans to a Trustee for inclusion in a Trust Fund. It ensures compliance, transparency, and accountability throughout the securitization process, benefiting both mortgage lenders and investors.