Tag Archive | "Bank"

What is a Revolving Credit Agreement?

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A Revolving Credit Agreement is a legal contract between a bank and a customer, in which the bank promises to lend the customer money up to specified, maximum amount during a specified period of time. For instance, Bank A promises to extend credit to Customer B pursuant to the Revolving Credit Agreement, thus allowing the customer to access the credit from time to time, subject to a limitation on the outstanding balance of the credit accessed.

A Revolving Credit Agreement may authorize the customer to access the credit extended by either or both of the following: (1) Purchasing goods or services from a seller by means of the bank’s commitment to advance to the seller the payment for the goods and services purchased by the customer; (2) Obtaining an advance of funds by the bank or by another in reliance on the bank’s commitment to pay the funds advanced to the customer.

The agreement must also spell out the terms of the line of credit and what the bank plans to charge. A revolving credit agreement may permit the bank to charge a minimum monthly finance charge of one dollar for any month for which there is an unpaid balance on the customer’s account. Also, the bank must supply to its customer under a Revolving Credit Agreement a statement as of the beginning or end of each period in which there is any unpaid balance on the customer’s account, which period may be a calendar month or other regular period not in excess of thirty-one days.

Popularity: 6% [?]

What Exactly Are Participation Agreements?

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It happens from time to time that even banks do not have enough money. A lender may make a loan request that one single bank cannot handle, either because it does not have the funds or because to make such a loan would put the bank outside its legal lending limits. The solution for this bank is the participation agreement, also called a loan participation agreement. A participation agreement allows a bank to enlist the wealth of other banks to handle this one loan. Typically, a single bank, called the lead bank, will originate the loan and then seek other banks to share in the risk and the revenues. The lead bank sells participation shares to the participating banks. The lead bank also services the loan and deals directly with the borrower, thereby retaining control of the relationship.

The act of selling shares can be seen as a securities issue-and banks can run afoul of securities laws-unless the participation agreement contains certain language about the exposure to risk and loss.

Participation agreements are mainly two-tracked. On the first track, all banks share equally in the profits and the risk in what is called a pari passu arrangement. On the second track, the lead bank is senior to the other subordinate banks; the lead bank is paid first. This second track can be subdivided further in to Last In, First Out and First In, First Out arrangements.

Banks are motivated to use participation agreements for several reasons. From the lead bank’s perspective, they are useful because they generate income for the lead bank; they spread the risk among other institutions; they allow the lead bank to manage the client relationship; and they offer the lead bank the opportunity to originate a loan that it might otherwise have been able to handle. From the perspective of the participating banks, these agreements share the wealth and allow such banks to generate income in slow markets and to diversify their investment portfolios.

Where banks run into trouble, apart from the securities question, is in glossing over scenarios that are possible, even likely to happen-that is, default by the borrower, profit sharing among the lenders, and the duties of the lead bank. Participating banks may not like the terms of the lead bank’s participation agreement-such as loan fees paid by the borrower to the lead bank will not be shared with participating banks, that the lead bank owes no fiduciary duty to the participating banks-but they will certainly appreciate seeing and knowing such terms up front and in clear language, rather than finding out later, only after such problems have surfaced. Banks are well advised to make the terms of the agreement very clear and to address all of these points.

Popularity: 5% [?]

Bank of America Mortgage Loan Purchase Agreement

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RealDealDocs.com offers various online legal documents from agreements to contracts for your download and printing convenience. This release from RealDealDocs.com offers up the Mortgage Loan Purchase Agreement between Banc of America Mortgage Securities and Bank of America, National Association.

New York, New York – RealDealDocs.com is the place to go for sample legal documents online. They have just released and made available at no charge to you, the mortgage loan purchase agreement between Bank of America Mortgage Securities, a Delaware corporation and Bank of America, National Association.

A purchase agreement is a legal document used for the purchase and sale in which a seller agrees to sell and a buyer agrees to buy within specific terms and conditions. Thus the Bank of America Mortgage Securities and Bank of America, National Association mortgage loan purchase agreement is the legal agreement for Bank of America, National Association to purchase the mortgage loans held by Bank of America Mortgage Securities.

Last year, the mortgage industry took a hard hit and crumbled – leaving many homeowners unable to pay their mortgages, experiencing foreclosure, or watching their home and property values drop to record lows. The mortgage industry issue has become a central topic in the Presidential campaigns and a daily story in the local and national news media. In the wake of the sub-prime loan debacle, many mortgage banks have colossal lay-offs, downsizing and closures. The Bank of America mortgage loan purchase agreement is evidence of the severity of this economical situation.

The Bank of America mortgage loan purchase agreement stipulates the ground rules and expectations for both Bank of America Mortgage Securities and Bank of America, National Association. Some of the specific terms and conditions include purchase price, BPP mortgage loans, and recharacterization. The Bank of America mortgage loan purchase agreement is just one of hundreds of purchase agreements available at RealDealDocs.com and one of millions of sample legal documents they offer.

Documents, agreements and clauses available at RealDealDocs.com are drafted by many of the top law firms working both for Fortune 500 companies as well as those representing small capital companies. Since the RealDealDocs.com legal documents are written by these top law firms in the country, the available contracts and agreements provide a relevant work product and important competitive intelligence about how the top law firms are negotiating and drafting agreements for their clients.

More than 40 of the top 250 law firms from the National Law Journal use RealDealDocs.com products on a regular basis to lower the amount of time needed to draft a legal agreement. Plus, members at RealDealDocs.com can edit, save and download these documents in a printer-friendly format for their own use.

To view the Bank of America Mortgage Loan Purchase Agreement click here

To view other Mortgage Loan Purchase Agreements click here

Popularity: 3% [?]

Bank of America Mortgage Loan Purchase Agreement

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Exhibit 4.2

————–

Execution Copy

————–

MORTGAGE LOAN PURCHASE AGREEMENT

This Mortgage Loan Purchase Agreement (this “Agreement”), dated July 31,

2007, is between Banc of America Funding Corporation, a Delaware corporation

(the “Purchaser”) and Bank of America, National Association, a national banking

association (the “Seller”).

WHEREAS, pursuant to (i) that certain Flow Sale and Servicing Agreement,

dated as of January 1, 2005, by and between the Seller and GreenPoint Mortgage

Funding, Inc. (”GreenPoint”), (ii) that certain Amendment No. 1, dated as of May

1, 2005, by and between the Seller and GreenPoint, (iii) that certain Amendment

No. 2 dated as of March 1, 2007, by and between the Seller and GreenPoint, (iv)

that certain Regulation AB Compliance Addendum to the Flow Sale and Servicing

Agreements, dated as of January 1, 2006, by and between the Seller and

GreenPoint, (v) that certain Memorandum of Sale, dated March 26, 2007, by and

between Seller and GreenPoint; (vi) those certain Memoranda of Sale, each dated

June 8, 2007, each by and between the Seller and GreenPoint (collectively, the

“GreenPoint Agreements”), the Seller purchased the mortgage loans listed on

Exhibit I hereto (the “GreenPoint Mortgage Loans”) from GreenPoint;

WHEREAS, pursuant to (i) that certain Flow Sale and Servicing Agreement,

dated as of February 1, 2004, by and between Seller (as successor in interest to

Banc of America Mortgage Capital Corporation) and SunTrust Mortgage Inc.

(”SunTrust”), (ii) that certain Amendment No. 1, dated as of June 1, 2004, by

and between the Seller and SunTrust, (iii) that certain Master Assignment,

Assumption and Recognition Agreement, dated September 1, 2004, by and among Banc

of America Mortgage Capital Corporation, SunTrust, the Seller and Wachovia Bank,

National Association, (iv) that certain Amendment No. 2, dated as of November 1,

2004, by and between the Seller and SunTrust, (v) that certain Regulation AB

Compliance Addendum to the Flow Sale and Servicing Agreement, dated as of

January 1, 2006, by and between the Seller and SunTrust and (vi) that certain

Memorandum of Sale, dated June 15, 2007, by and between the Seller and SunTrust

(collectively, the “SunTrust Agreements”), the Seller purchased the mortgage

loans listed on Exhibit II hereto (the “SunTrust Mortgage Loans” and, together

with the GreenPoint Mortgage Loans, the “Assigned Mortgage Loans”) from

SunTrust;

WHEREAS, the Seller is the owner of the mortgage loans listed on Exhibit

III (the “BANA Mortgage Loans,” and together with the Assigned Mortgage Loans,

the “Mortgage Loans”) and the related notes or other evidence of indebtedness

(the “BANA Mortgage Notes” and, together with the notes of the Assigned Mortgage

Loans, the “Mortgage Notes”) or other evidence of ownership, and the other

documents or instruments constituting the related mortgage file (the “Mortgage

File”);

WHEREAS, the Seller, as of the date hereof, owns the mortgages (the

“Mortgages”) on the properties (the “Mortgaged Properties”) securing such

Mortgage Loans, including rights (a) to any property acquired by foreclosure or

deed in lieu of foreclosure or otherwise, and (b) to the proceeds of any

insurance policies covering the Mortgage Loans or the Mortgaged Properties or

the obligors on the Mortgage Loans;

<PAGE>

WHEREAS, the parties hereto desire that the Seller sell the Mortgage Loans

to the Purchaser and the Purchaser purchase the Mortgage Loans from the Seller

pursuant to the terms of this Agreement; and

WHEREAS, pursuant to the terms of a Pooling and Servicing Agreement, dated

July 31, 2007 (the “Pooling and Servicing Agreement”), among the Purchaser, as

depositor, U.S. Bank National Association, as trustee (the “Trustee”), Citibank,

N.A., as securities administrator (the “Securities Administrator”), and

CitiMortgage, Inc., as master servicer (the “Master Servicer”), the Purchaser

will convey the Mortgage Loans to Banc of America Funding 2007-6 Trust (the

“Trust”).

NOW, THEREFORE, in consideration of the mutual covenants herein contained,

the parties hereto agree as follows:

The Purchaser and the Seller hereby recite and agree as follows:

1. Defined Terms. Terms used without definition herein shall have the

respective meanings assigned to them in the Pooling and Servicing Agreement

relating to the issuance of the Purchaser’s Mortgage Pass-Through Certificates,

Series 2007-6 (the “Certificates”) or, if not defined therein, in the

underwriting agreement dated July 31, 2007 (the “Underwriting Agreement”),

between the Purchaser and Banc of America Securities LLC, or in the purchase

agreement, dated July 31, 2007 (the “Purchase Agreement”), between the Purchaser

and Banc of America Securities LLC.

2. Purchase Price; Purchase and Sale. The Seller agrees to sell, and the

Purchaser agrees to purchase, the Mortgage Loans. In consideration of the sale

of the Mortgage Loans from the Seller to the Purchaser on the Closing Date, the

Purchaser agrees to pay to the Seller on the Closing Date, in immediately

available funds, an amount equal to $437,679,717.90 (the “Purchase Price”).

Upon payment of the Purchase Price, the Seller shall be deemed to have

transferred, assigned, set over and otherwise conveyed to the Purchaser all the

right, title and interest of the Seller in and to the Mortgage Loans and all

Mortgage Files, including all interest and principal received or receivable by

the Seller on or with respect to the Mortgage Loans after the Cut-off Date (and

including scheduled payments of principal and interest due after the Cut-off

Date but received by the Seller on or before the Cut-off Date and Principal

Prepayments received or applied on the Cut-off Date, but not including payments

of principal and interest due on the Mortgage Loans on or before the Cut-off

Date), together with the remedy provisions of Section 3.04 of the Master Bulk

Sale and Interim Servicing Agreement, dated as of May 1, 2006, between the

Seller and American Home Mortgage Corp., with respect to the BANA Mortgage Loans

purchased by the Seller from American Home Mortgage Corp., the remedy provisions

of Section 3.04 of the Master Bulk Sale and Interim Servicing Agreement, dated

December 1, 2005, by and between the Seller and MortgageIT, Inc., with respect

to the BANA Mortgage Loans purchased by the Seller from MortgageIT, Inc., the

remedy provisions of Sections 3.04 of the SunTrust Agreements, with respect to

the SunTrust Mortgage Loans purchased by the Seller from SunTrust, the remedy

provisions of Sections 3.04 of the GreenPoint Agreements, with respect to the

GreenPoint Mortgage Loans purchased by the Seller from GreenPoint, and all of

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the Seller’s rights, title and interest in and to all Mortgaged Property and any

related title, hazard, primary mortgage, mortgage pool policy or other insurance

policies including all income, payments, products and proceeds of any of the

foregoing. The Purchaser hereby directs the Seller, and the Seller hereby

agrees, to deliver to the Trustee or the Custodian all documents, instruments

and agreements required to be delivered by the Purchaser to the Trustee or the

Custodian under the Pooling and Servicing Agreement and such other documents,

instruments and agreements as the Purchaser or the Trustee shall reasonably

request.

3. Representations and Warranties as to the Assigned Mortgage Loans. The

representations and warranties with respect to the Assigned Mortgage Loans in

the related Transfer Agreement were made as of the date specified in such

Transfer Agreement. The Seller’s right, title and interest in such

representations and warranties and the remedies in connection therewith have

been assigned to the Purchaser pursuant to (a) the Assignment, Assumption and

Recognition Agreement, dated July 31, 2007, by and among the Seller, the

Purchaser, the Trustee, the Master Servicer and GreenPoint and (b) the

Assignment, Assumption and Recognition Agreement, dated July 31, 2007, by and

among the Seller, the Purchaser, the Trustee, the Master Servicer and SunTrust.

To the extent that any fact, condition or event with respect to a Mortgage Loan

constitutes a breach of both (i) a representation or warranty of GreenPoint or

SunTrust under the related Transfer Agreement and (ii) a representation or

warranty of the Seller under this Agreement, the only right or remedy of the

Purchaser shall be the right to enforce the obligations of GreenPoint or

SunTrust, as the case may be, under any applicable representation or warranty

made by GreenPoint or SunTrust, as applicable. The Purchaser acknowledges and

agrees that the representations and warranties of the Seller in this Section 3

are applicable only to facts, conditions or events that do not constitute a

breach of any representation or warranty made by GreenPoint or SunTrust, as the

case may be, in the related Transfer Agreement. The Seller shall have no

obligation or liability with respect to any breach of a representation or

warranty made by it with respect to the Mortgage Loans if the fact, condition or

event constituting such breach also constitutes a breach of a representation or

warranty made by GreenPoint or SunTrust, as the case may be, in the related

Transfer Agreement (other than with respect to the representations or warranties

in Section 3(k), to the extent such representations and warranties relate to

predatory or abusive lending and the representations and warranties in Section

3(p) below), without regard to whether GreenPoint or SunTrust, as the case may

be, fulfills its contractual obligations in respect of such representation or

warranty. Subject to the foregoing, the Seller represents and warrants with

respect to the Assigned Mortgage Loans, or each Assigned Mortgage Loan, as the

case may be, as of the date hereof or such other date set forth herein, that as

of the Closing Date:

(a) The information set forth with respect to the Assigned Mortgage

Loans on the mortgage loan schedules attached hereto as Exhibit I and Exhibit II

(the “Assigned Mortgage Loan Schedules”) provides an accurate listing of the

Assigned Mortgage Loans, and the information with respect to each Assigned

Mortgage Loan on the related Assigned Mortgage Loan Schedule is true and correct

in all material respects at the date or dates respecting which such information

is given;

(b) No Assigned Mortgage Loan is more than 30 days delinquent as of

the Cut-off Date. The Seller has not waived any default, breach, violation or

event of acceleration, and the Seller has not taken any action to waive any

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<PAGE>

default, breach, violation or even of acceleration, with respect to any Assigned

Mortgage Loan;

(c) There are no delinquent taxes, assessments that could become a

lien prior to the related Mortgage or insurance premiums affecting the related

Mortgaged Property;

(d) With respect to each Assigned Mortgage Loan, the related Mortgage

has not been satisfied, canceled, subordinated or rescinded, in whole or in

part, and the related Mortgaged Property has not been released from the lien of

the Mortgage, in whole or in part, nor has any instrument been executed that

would effect any such satisfaction, cancellation, subordination, rescission or

release;

(e) With respect to each Assigned Mortgage Loan, there is no material

default, breach, violation or event of acceleration existing under any Mortgage

or the related Mortgage Note and no event which, with the passage of time or

with notice and the expiration of any grace or cure period, would constitute a

material default, breach, violation or event of acceleration, and neither the

Seller nor its predecessors have waived any material default, breach, violation

or event of acceleration;

(f) With respect to each Assigned Mortgage Loan, the related Mortgaged

Property is free of material damage that would affect adversely the value of the

Mortgaged Property as security for the Assigned Mortgage Loan or the use for

which the premises were intended;

(g) With respect to each Assigned Mortgage Loan, to the best of the

Seller’s knowledge, there is no proceeding pending for the total or partial

condemnation of the Mortgaged Property;

(h) With respect to each Assigned Mortgage Loan, the related Mortgaged

Property is lawfully occupied under applicable law; all inspections, licenses

and certificates required to be made or issued with respect to all occupied

portions of each Mortgaged Property and, with respect to the use and occupancy

of the same, including but not limited to certificates of occupancy, have been

made or obtained from the appropriate authorities, except where the failure

would not have a material adverse effect upon the Assigned Mortgage Loan;

(i) No Assigned Mortgage Loan is in foreclosure;

(j) Each Assigned Mortgage Loan is a “qualified mortgage” within the

meaning of Section 860G of the Code and Treas. Reg ss. 1.860G-2;

(k) Any and all requirements of any federal, state or local law

including, without limitation, usury, truth in lending, real estate settlement

procedures, consumer credit protections, all applicable predatory and abusive

lending laws, equal credit opportunity or disclosure laws (inclusive of

prepayment charges) applicable to the origination and servicing of each Assigned

Mortgage Loan have been complied with;

(l) Except with respect to each Assigned Mortgage Loan for which the

related Mortgage is recorded in the name of MERS, the Seller is the sole owner

of record and holder of the Assigned Mortgage Loan. With respect to each

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<PAGE>

Assigned Mortgage Loan, the related Mortgage Note and the Mortgage are not

assigned or pledged, and the Seller has good and marketable title thereto and

has full right and authority to transfer and sell the Assigned Mortgage Loan to

the Purchaser. The Seller is transferring the Assigned Mortgage Loan free and

clear of any and all encumbrances, liens, pledges, equities, participation

interests, claims, agreements with other parties to sell or otherwise transfer

the Assigned Mortgage Loan, charges or security interests of any nature

encumbering such Assigned Mortgage Loan;

(m) With respect to each Assigned Mortgage Loan, the terms of the

Mortgage Note and Mortgage have not been impaired, waived, altered or modified

in any respect, except by a written instrument which has been recorded, if

necessary, to protect the interests of the Purchaser and maintain the lien

priority of the Mortgage and which has been delivered to the Purchaser or its

designee. The substance of any such waiver, alteration or modification has been

approved by the title insurer, to the extent required by the policy, and its

terms are reflected on the related Assigned Mortgage Loan Schedule. No

instrument of waiver, alteration or modification has been executed, and no

Mortgagor has been released, in whole or in part, except in connection with an

assumption agreement approved by the title insurer, to the extent required by

the policy, and which assumption agreement is part of the Mortgage File

delivered to the Purchaser or its designee and the terms of which are reflected

on the related Assigned Mortgage Loan Schedule;

(n) The Seller has not dealt with any broker, investment banker, agent

or other Person (other than the Purchaser and Banc of America Securities LLC)

who may be entitled to any commission or compensation in connection with the

sale of the Assigned Mortgage Loans;

(o) No Assigned Mortgage Loan is a “high cost” loan as defined under

any federal, state or local law applicable to such Assigned Mortgage Loan at the

time of its origination;

(p) No Assigned Mortgage Loan is a High Cost Loan or Covered Loan, as

applicable (as such terms are defined in S&P’s LEVELS(R) Glossary, which is now

Version 5.7 Revised, Appendix E) and no Assigned Mortgage Loan originated on or

after October 1, 2002 through March 6, 2003 is governed by the Georgia Fair

Lending Act;

(q) The hazard insurance policy on each Assigned Mortgage Loan has

been validly issued and is in full force and effect, and will be in full force

and effect and inure to the benefit of the Purchaser upon the consummation of

the transactions contemplated by this Agreement;

(r) With respect to each Assigned Mortgage Loan, each Mortgage

evidences a valid, subsisting, enforceable and perfected first lien on the

related Mortgaged Property (including all improvements on the Mortgaged

Property). The lien of the Mortgage is subject only to: (1) liens of current

real property taxes and assessments not yet due and payable and, if the related

Mortgaged Property is a condominium unit, any lien for common charges permitted

by statute, (2) covenants, conditions and restrictions, rights of way, easements

and other matters of public record as of the date of recording of such Mortgage

acceptable to mortgage lending institutions in the area in which the related

Mortgaged Property is located and specifically referred to in the lender’s title

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<PAGE>

insurance policy or attorney’s opinion of title and abstract of title delivered

to the originator of such Mortgage Loan, and (3) such other matters to which

like properties are commonly subject which do not, individually or in the

aggregate, materially interfere with the benefits of the security intended to be

provided by the Mortgage. Any security agreement, chattel mortgage or equivalent

document related to, and delivered to the Trustee or the Custodian in connection

with, a Mortgage Loan establishes a valid, subsisting and enforceable first lien

on the property described therein and the Seller has, and the Purchaser will

have, the full right to sell and assign the same to the Trustee;

(s) With respect to any Assigned Mortgage Loan covered by a title

insurance policy, the originator is the sole insured of such mortgagee title

insurance policy, such mortgagee title insurance policy is in full force and

effect and will inure to the benefit of the Purchaser upon the consummation of

the transactions contemplated by this Agreement, no claims have been made under

such mortgagee title insurance policy and no prior holder of the related

Mortgage, including the Seller, has done, by act or omission, anything that

would impair the coverage of such mortgagee title insurance policy;

(t) With respect to each Assigned Mortgage Loan, there are no

mechanics’ or similar liens or claims which have been filed for work, labor or

material (and no rights are outstanding that under the law could give rise to

such liens) affecting the related Mortgaged Property which are or may be liens

prior to, or equal or coordinate with, the lien of the related Mortgage;

(u) If the Assigned Mortgage Loan is secured by a long-term

residential lease, (1) the lessor under the lease holds a fee simple interest in

the land; (2) the terms of such lease expressly permit the mortgaging of the

leasehold estate, the assignment of the lease without the lessor’s consent and

the acquisition by the holder of the Assigned Mortgage of the rights of the

lessee upon foreclosure or assignment in lieu of foreclosure or provide the

holder of the Assigned Mortgage with substantially similar protections; (3) the

terms of such lease do not (a) allow the termination thereof upon the lessee’s

default without the holder of the Assigned Mortgage being entitled to receive

written notice of, and opportunity to cure, such default, (b) allow the

termination of the lease in the event of damage or destruction as long as the

Assigned Mortgage is in existence, (c) prohibit the holder of the Assigned

Mortgage from being insured (or receiving proceeds of insurance) under the

hazard insurance policy or policies relating to the Assigned Mortgaged Property

or (d) permit any increase in the rent other than pre-established increases set

forth in the lease; (4) the original term of such lease in not less than 15

years; (5) the term of such lease does not terminate earlier than five years

after the maturity date of the Assigned Mortgage Note; and (6) the Assigned

Mortgaged Property is located in a jurisdiction in which the use of leasehold

estates in transferring ownership in residential properties is a widely accepted

practice; and

(v) All information on the Assigned Mortgage Loan Schedules regarding

any prepayment charges is complete and accurate in all material respects and

each prepayment charge has customary terms and is permissible and enforceable in

accordance with its terms under applicable law.

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<PAGE>

Notwithstanding the foregoing, with respect to the Assigned Mortgage Loans,

no representations or warranties are made by the Seller as to the environmental

condition of any related Mortgaged Property; the absence, presence or effect of

hazardous wastes or hazardous substances on any related Mortgaged Property; any

casualty resulting from the presence or effect of hazardous wastes or hazardous

substances on, near or emanating from any related Mortgaged Property; the impact

on Certificateholders of any environmental condition or presence of any

hazardous substance on or near any related Mortgaged Property; or the compliance

of any related Mortgaged Property with any environmental laws, nor is any agent,

Person or entity otherwise affiliated with the Seller authorized or able to make

any such representation, warranty or assumption of liability relative to any

related Mortgaged Property. In addition, no representations or warranties are

made by the Seller with respect to the absence or effect of fraud in the

origination of any Assigned Mortgage Loan.

The Seller hereby agrees that any cure of a breach of such representations

and warranties shall be in accordance with the terms of the Pooling and

Servicing Agreement.

Popularity: 3% [?]

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