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Mortgage Sales Agreement Template for United States

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Key Requirements PROMPT example:

Mortgage Sales Agreement

"I need a Mortgage Sales Agreement for our bank to sell a portfolio of 50 residential mortgages to an institutional investor, with specific provisions for continued servicing rights and compliance with New York state regulations."

Document background
The Mortgage Sales Agreement is essential when transferring mortgage ownership in the United States secondary mortgage market. This document is commonly used when financial institutions want to sell their mortgage portfolios, either to free up capital or as part of their business strategy. The agreement covers crucial aspects such as purchase price, representations about the quality of the mortgage, servicing rights, and regulatory compliance. It must comply with both federal requirements and state-specific regulations where the mortgaged property is located.
Suggested Sections

1. Parties: Identification of seller and purchaser of the mortgage

2. Background: Context of the sale and existing mortgage details

3. Definitions: Key terms used throughout the agreement

4. Sale and Purchase: Core terms of the transaction including price and payment

5. Representations and Warranties: Seller's assertions about the mortgage being sold

6. Closing Conditions: Requirements for completing the transaction

7. Transfer and Assignment: Legal mechanics of transferring the mortgage rights

8. Payment Terms: Details of purchase price, payment method, and timing

9. Covenants: Ongoing obligations of the parties

10. Governing Law: Specification of applicable law and jurisdiction

Optional Sections

1. Servicing Rights: Terms regarding the transfer or retention of mortgage servicing rights

2. Repurchase Obligations: Conditions under which seller must repurchase the mortgage

3. Post-Closing Obligations: Additional duties after the closing of the sale

4. Regulatory Compliance: Specific provisions addressing federal and state regulatory requirements

Suggested Schedules

1. Schedule A - Mortgage Schedule: Detailed list of mortgages being sold including loan numbers, principal amounts, and key terms

2. Schedule B - Due Diligence Checklist: List of documents reviewed in mortgage verification process

3. Schedule C - Transfer Documentation: Forms required for legal transfer of mortgage rights

4. Schedule D - Compliance Certificates: Regulatory compliance confirmations and certifications

5. Schedule E - Required Consents: List of third-party consents needed for the transfer

Authors

Alex Denne

Head of Growth (Open Source Law) @ tiktok³ÉÈ˰æ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

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Industries

Truth in Lending Act (TILA): Federal law requiring disclosure of credit terms and standardized calculations to help consumers compare lending institutions' terms

Real Estate Settlement Procedures Act (RESPA): Federal law requiring lenders to provide disclosures about real estate settlement costs and prohibiting kickbacks

Home Ownership and Equity Protection Act (HOEPA): Federal law addressing predatory lending practices in home equity lending

Fair Housing Act: Federal law prohibiting discrimination in residential real estate transactions based on protected characteristics

Equal Credit Opportunity Act (ECOA): Federal law prohibiting discrimination in lending based on race, color, religion, national origin, sex, marital status, age, or public assistance status

SAFE Act: Federal law establishing minimum standards for state licensing and registration of mortgage loan originators

Dodd-Frank Act: Comprehensive financial reform law including mortgage lending regulations and consumer protection provisions

State Mortgage Laws: State-specific regulations governing mortgage lending, including licensing requirements and disclosure rules

State Foreclosure Laws: State-specific procedures and requirements for foreclosure processes

State Usury Laws: State-specific limitations on interest rates and loan charges

CFPB Regulations: Federal consumer protection rules and guidelines for mortgage lending and servicing

FHA Requirements: Specific requirements for Federal Housing Administration-insured mortgages

VA Requirements: Specific requirements for Department of Veterans Affairs-guaranteed mortgages

GSE Requirements: Standards set by Fannie Mae and Freddie Mac for conforming mortgages

Uniform Commercial Code: Standardized state laws governing commercial transactions, including secured transactions

State Contract Laws: General state-specific requirements for valid contract formation and enforcement

Consumer Protection Laws: Federal and state laws protecting consumers from unfair or deceptive practices in lending

Anti-Predatory Lending Laws: Federal and state laws preventing abusive lending practices and protecting vulnerable borrowers

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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