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Mortgage Note
Mortgage Note contract clause examples

Qualified Mortgage. Notwithstanding anything to the contrary set forth in this Agreement, on and after January 10, 2014 (or such later date as set forth in the relevant regulations), # prior to the origination of each Mortgage Loan, the originator made a reasonable and good faith determination that the Mortgagor had a reasonable ability to repay the loan according to its terms, in accordance with, at a minimum, the eight underwriting factors set forth in 12 CFR 1026.43(c) and (ii) each Mortgage Loan is a “Qualified Mortgage” as defined in 12 CFR 1026.43(e); provided that a modification subsequent to the date listed above shall not be considered an “origination” of a Mortgage Loan or a “covered transaction” as long as no new Mortgage Note is executed and delivered and the interest rate of the related Mortgage Loan is not increased.

(ooo) Qualified Mortgage. Notwithstanding anything to the contrary set forth in this Agreement, with respect to any Mortgage Loan originated on and after January 10, 2014 (or such later date as set forth in the relevant regulations), (i) prior to the origination of such Mortgage Loan, the originator made a reasonable and good faith determination that the Mortgagor has a reasonable ability to repay the loan according to its terms, in accordance with, at a minimum, the eight underwriting factors set forth in 12 CFR 1026.43(c) and (ii) unless otherwise approved in writing by Buyer in its sole discretion, each Mortgage Loan is a “Qualified Mortgage” as defined in 12 CFR 1026.43(e).

(ooo) Qualified Mortgage. Notwithstanding anything to the contrary set forth in this Repurchase Agreement, on and after January 10, 2014 (or such later date as the relevant regulations may go into effect) # before the consummation of each Mortgage Loan, the originator made a reasonable and good faith determination that the Mortgagor has a reasonable ability to repay the loan according to its terms, and that at a minimum, the originator underwrote the loan in accordance with the eight underwriting factors set forth in 12 CFR 1026.43(c); and # each Mortgage Loan is a “Qualified Mortgage” as defined in 12 CFR 1026.43(e), and in particular: # each loan provides for regular, substantially equal periodic payments (allowing for payment changes on adjustable rate mortgages or loans with step rate features) and does not result in negative amortization, allow the consumer to defer repayment of principal or result in balloon payments; # the loan term does not exceed 30 years and # for loans with note amounts of $100,000 or greater, the total points and fees do not exceed 3% of the total loan amount.

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