Common use of Points and Fees Clause in Contracts

Points and Fees. Except as noted on a loan schedule for the related Assignment and Conveyance, no Mortgagor was charged “points and fees” (whether or not financed) in an amount greater than (i) $1,000, or (ii) 5% of the principal amount of such Mortgage Loan, whichever is greater. For purposes of this representation, such 5% limitation is calculated in accordance with ▇▇▇▇▇▇ Mae’s anti-predatory lending requirements as set forth in the ▇▇▇▇▇▇ Mae Guides and “points and fees” (x) include origination, underwriting, broker and finder fees and charges that the mortgagee imposed as a condition of making the Mortgage Loan, whether they are paid to the mortgagee or a third party, and (y) exclude bona fide discount points, fees paid for actual services rendered in connection with the origination of the Mortgage Loan (such as attorneys’ fees, notaries fees and fees paid for property appraisals, credit reports, surveys, title examinations and extracts, flood and tax certifications, and home inspections), the cost of mortgage insurance or credit-risk price adjustments, the costs of title, hazard, and flood insurance policies, state and local transfer taxes or fees, escrow deposits for the future payment of taxes and insurance premiums, and other miscellaneous fees and charges which miscellaneous fee and charges, in total, do not exceed 0.25% of the principal amount of such Mortgage Loan. All fees and charges (including finance charges) and whether or not financed, assessed, collected or to be collected in connection with the origination and servicing of each Mortgage Loan has been disclosed in writing to the Mortgagor in accordance with applicable state and federal law and regulation. mmm.

Appears in 6 contracts

Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-He1), Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-Ch4), Pooling and Servicing Agreement (Jpmac 2007-Ch2)

Points and Fees. Except as noted set forth on a loan schedule for the related Assignment and ConveyanceMortgage Loan Schedule, no Mortgagor was charged "points and fees" (whether or not financed) in an amount greater than (i) $1,000, 1,000 or (ii) 5% of the principal amount of such Mortgage Loan, whichever is greater. For purposes of this representation, such 5% limitation is calculated in accordance with ▇▇▇▇▇▇ Fannie Mae’s 's anti-predatory lending requirements as set forth in the ▇▇▇▇▇▇ ▇▇nnie Mae Guides and "points and fees" (x) include origination, underwriting▇▇▇▇▇▇r▇▇▇ng, broker and finder fees and charges that the mortgagee imposed as a condition of making the Mortgage Loan, whether they are paid to the mortgagee or a third party, and (y) exclude bona fide discount points, fees paid for actual services rendered in connection with the origination of the Mortgage Loan (such as attorneys' fees, notaries fees and fees paid for property appraisals, credit reports, surveys, title examinations and extracts, flood and tax certifications, and home inspections), the cost of mortgage insurance or credit-risk price adjustments, the costs of title, hazard, and flood insurance policies, state and local transfer taxes or fees, escrow deposits for the future payment of taxes and insurance premiums, and other miscellaneous fees and charges which miscellaneous fee and chargesthat, in total, do not exceed 0.25% of the principal amount of such Mortgage Loan. All fees This representation and charges (including finance charges) warranty is a Deemed Material and whether or not financed, assessed, collected or to be collected in connection with the origination and servicing of each Mortgage Loan has been disclosed in writing to the Mortgagor in accordance with applicable state and federal law and regulation. mmm.Adverse Representation;

Appears in 3 contracts

Sources: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm3), Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2007-He1)

Points and Fees. All points and fees related to the Mortgage Loan were disclosed in writing to the Mortgagor in accordance with applicable state and federal law and regulation. Except as noted on in the case of a loan schedule for the related Assignment and ConveyanceMortgage Loan in an original principal amount of less than [***] which would have resulted in an unprofitable origination, no Mortgagor was charged “points and fees” (whether or not financed) in an amount greater than (ia) $1,000, [***] or (iib) 5% [***] of the principal amount of such Mortgage Loan, Loan whichever is greater. For purposes of this representation, such 5% [***] limitation is calculated in accordance with ▇▇▇▇▇▇ Mae’s or ▇▇▇▇▇▇▇ Mac’s anti-predatory lending requirements as set forth in the ▇▇▇▇▇▇ Mae Guides and ▇▇▇ Selling Guide or the ▇▇▇▇▇▇▇ Mac Selling Guide. For purposes of this representation, “points and fees” (x) include origination, underwriting, broker and finder finder’s fees and charges that the mortgagee lender imposed as a condition of making the Mortgage Loan, whether they are paid to the mortgagee Seller or a third party, ; and (y) exclude bona fide discount points, fees paid for actual services rendered in connection with the origination of the Mortgage Loan mortgage (such as attorneys’ fees, notaries fees and fees paid for property appraisals, credit reports, surveys, title examinations and extracts, flood and tax certifications, and home inspections), ; the cost of mortgage insurance or credit-risk price adjustments, ; the costs of title, hazard, and flood insurance policies, ; state and local transfer taxes or fees, ; escrow deposits for the future payment of taxes and insurance premiums, ; and other miscellaneous fees and charges which miscellaneous fee and chargesthat, in total, do not exceed 0.25% [***] of the principal amount of such Mortgage Loan. All fees and charges (including finance charges) and whether or not financed, assessed, collected or to be collected in connection with the origination and servicing of each Mortgage Loan has been disclosed in writing to the Mortgagor in accordance with applicable state and federal law and regulation. mmm.

Appears in 1 contract

Sources: Master Repurchase Agreement (Caliber Home Loans, Inc.)

Points and Fees. Except as noted set forth on a loan schedule for the related Assignment and ConveyanceMortgage Loan Schedule, no Mortgagor was charged "points and fees" (whether or not financed) in an amount greater than (i) $1,000, 1,000 or (ii) 5% of the principal amount of such Mortgage Loan, whichever is greater. For purposes of this representation, such 5% limitation is calculated in accordance with ▇▇▇▇▇▇ Fannie Mae’s 's anti-predatory lending requirements as set forth in the ▇▇▇▇▇▇ ▇▇nnie Mae Guides and "points and fees" (x) include origination, underwriting▇▇▇▇▇▇riting, broker and finder fees and charges that the mortgagee imposed as a condition of making the Mortgage Loan, whether they are paid to the mortgagee or a third party, and (y) exclude bona fide discount points, fees paid for actual services rendered in connection with the origination of the Mortgage Loan (such as attorneys' fees, notaries fees and fees paid for property appraisals, credit reports, surveys, title examinations and extracts, flood and tax certifications, and home inspections), the cost of mortgage insurance or credit-risk price adjustments, the costs of title, hazard, and flood insurance policies, state and local transfer taxes or fees, escrow deposits for the future payment of taxes and insurance premiums, and other miscellaneous fees and charges which miscellaneous fee and chargesthat, in total, do not exceed 0.25% of the principal amount of such Mortgage Loan. All fees This representation and charges (including finance charges) warranty is a Deemed Material and whether or not financed, assessed, collected or to be collected in connection with the origination and servicing of each Mortgage Loan has been disclosed in writing to the Mortgagor in accordance with applicable state and federal law and regulation. mmm.Adverse Representation;

Appears in 1 contract

Sources: Pooling and Servicing Agreement (Securitized Asset Backed Receivables LLC Trust 2006-Wm4)

Points and Fees. Except as noted on a loan schedule for the related Assignment and Conveyance, no Mortgagor was charged “points and fees” (whether or not financed) in an amount greater than (i) $1,000, or (ii) 5% of the principal amount of such Mortgage Loan, whichever is greater. For purposes of this representation, such 5% limitation is calculated in accordance with ▇▇▇▇▇▇ Mae’s anti-predatory lending requirements as set forth in the ▇▇▇▇▇▇ Mae Guides and “points and fees” (x) include origination, underwriting, broker and finder fees and charges that the mortgagee imposed as a condition of making the Mortgage Loan, whether they are paid to the mortgagee or a third party, and (y) exclude bona fide discount points, fees paid for actual services rendered in connection with the origination of the Mortgage Loan (such as attorneys’ fees, notaries fees and fees paid for property appraisals, credit reports, surveys, title examinations and extracts, flood and tax certifications, and home inspections), the cost of mortgage insurance or credit-risk price adjustments, the costs of title, hazard, and flood insurance policies, state and local transfer taxes or fees, escrow deposits for the future payment of taxes and insurance premiums, and other miscellaneous fees and charges which miscellaneous fee and charges, in total, do not exceed 0.25% of the principal amount of such Mortgage Loan. All fees and charges (including finance charges) and whether or not financed, assessed, collected or to be collected in connection with the origination and servicing of each Mortgage Loan has been disclosed in writing to the Mortgagor in accordance with applicable state and federal law and regulation. mmm.

Appears in 1 contract

Sources: Pooling and Servicing Agreement (J.P. Morgan Mortgage Acquisition Trust 2007-Ch5)