Exhibit 99.1
PRPM 2021-RPL2 Review
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Mortgage Loan Sale Executive Summary Report
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TABLE OF CONTENTS
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Infinity IPS, Inc. is a privately held firm offering trusted financial products and services to capital markets participants. Founded in 2002, by a group of experienced mortgage due diligence executives, Infinity was started with a simple mission: To provide an independent, innovative, reliable and transparent work product, backed by an unsurpassed level of customer service. As a third-party reviewer, our independence, integrity, depth of expertise, and approach to due diligence and credit risk management provides clients the highest degree of hands-on oversight and participation when buying or selling pools, securitizing loans, or managing loans and securitizations over time.
Our rigorous, high touch approach to due diligence reviews provides all data necessary in the provision of an asset due diligence, risk retention, loss mitigation and forensic analysis services for all classes or mortgage products, consumer lending products, and more. Our mission is to provide an independent, innovative, reliable and transparent work product, backed by an unsurpassed level of customer service.
As a rating agency reviewed third-party due diligence provider, Infinity prides itself on meeting the standards of S&P, Moody's, Fitch, Kroll, and DBRS. Infinity is a privately-owned business and is headquartered in Rockville, MD with an underwriting facility in Wesley Chapel, FL.
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BACKGROUND AND SCOPE METHODOLOGY
This report summarizes the findings of a loan level due diligence review on a pool of first lien secured mortgage loans owned and managed by PRP-SC III, LLC (“Client”) and PRP Advisors, LLC (the “Asset Manager”) all to be referred as to the “Client”. The client engaged Infinity IPS, Inc. (“Infinity”) to complete the assignment through a review of imaged documents made available through imaged files.
The total population was 1,452 however; Infinity completed the audit on 1,452 mortgage loans from September 2017 to September 2021. The Audit was to confirm the presence of critical and supporting documentation. In addition, Infinity completed an audit of servicing comments and payment histories, a designated set of data fields to ensure the accuracy of the bid tape data, and performed a compliance review to identify any material compliance deficiencies1
Infinity assigned an Event Level rating to each loan based on the following guidelines:
Event Level A: No material compliance or document deficiencies were noted
Event Level B: A non-critical deficiency was noted2
Event Level D: A material compliance or document deficiency was noted or critical documentation necessary to accurately complete testing was missing
Event Level C: Material issues were noted that limit the ability to market the loan or open the client to additional liability and client overlays.
The loan file reviews have two purposes. First to determine whether document files are complete or if they are missing information, creating deficiencies. The second objective is to verify data contained on the servicing tape by comparing the servicing information to the data contained in the loan documents.
Whether using imaged files or hard files, Infinity has performed a comprehensive review of the credit and working files, collateral documents, financial statements, and other information including servicing reports, to ascertain the facts regarding each asset. Specific activities include:
· | Inventory the collateral documents and complete a document checklist |
· | Obtain and verify loan payment histories (if requested by the client) |
· | Review current tax and title information |
· | Determine the level of borrower recourse, if any |
· | Validate servicing data loan information to original loan documentation |
· | Determine all forms of collateral/security for potential alternative sources of repayment |
1 Looking for loans that fail high cost violations as outlined in EXHIBIT B High-Cost Regulation Summary.
2 The loan underwriting does not conform fully to the agreed upon standards, but deficiencies are immaterial or factors exist that would mitigate the deficiencies noted. Non-material compliance exceptions include, but are not limited to, exceptions that fall outside the applicable statute of limitations. Non-critical document exceptions include origination documents that are not critical documentation of collateral, or, are not necessary for audit of compliance thresholds.
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· | Identify any loan, document, title, marketability, and or other deficiencies with recommended corrective actions to the client |
As information regarding the asset is validated or corrected it is captured in our database where it is available for delivery to the client, clients, and marketing materials.
Included in the examination of the file documentation was a review of the collateral documents for completeness, enforceability and the existence of contingent claims. Factors impacting the client’s ability to freely transfer the assets, such as first rights of refusal, participation agreements, cross-collateralization, etc. are noted. The reviewer has analyzed the documents to determine whether: the document has been signed and dated appropriately; that documents are originals or copies, that correct terms and conditions were used and applied on a consistent basis; and that all required documents were executed. Infinity would then identify deficiencies and notify the client of same.
Some documentation deficiencies may be cured by securing certified copies of missing documentation from public records. If the file is missing an original note, an executed copy of the note must be certified by a “Lost Note Affidavit” in a format approved by the client. The same procedure can be used to obtain “Same Name” affidavits and re-execution of improperly witnessed documents.
Deficiencies in the loan or its underlying collateral generally affect ownership and value. Some are curable, others are not. Some deficiencies can be cured inexpensively while others have significant impacts on value. Infinity looks at two kinds of deficiencies. Documentation deficiencies can be cured with the client’s approval and sufficient time. These items might include unreleased liens clouding title, missing original notes or assignments, or incomplete legal documentation. Physical deficiencies, on the other hand, affect the underlying collateral. These must be factored into the analysis and valuation of the asset and may be used in establishing reserves. Infinity considers, at a minimum, the following:
· | Property and other tax liens are obtained by client’s reports and file documents. Imminent proceedings jeopardizing the sale are brought to the client’s attention while amounts due will be factored into the valuation |
· | Structural issues are generally not well detailed; however, references to problems are occasionally found, Deferred maintenance, generally reported in the site inspection, correspondence, and reports in the file |
The specific exception level criteria established for this review can be found in Exhibit A. The detailed scope of these reviews and a summary of the results are provided in the Summary of Findings.
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Loan File Review Overall Results | |||
Event Level | Loan Counts | % of Total Sample | Legal Balance3 |
A | 3 | 0.21% | $182,797.85 |
B | 1317 | 90.70% | $255,407,560.10 |
D | 132 | 9.09% | $25,502,435.65 |
Grand Total | 1,452 | 100.00% | $281,092,793.60 |
Infinity noted non-critical missing documents or minor compliance exceptions in 90.91% of the loan population, while the remaining 09.09% had some component to be aware of.
Loan files were reviewed by Infinity to confirm the presence of critical origination documents, including the Note, Mortgage, Title, HUD-1, Truth-in-Lending disclosures, and a Right of Rescission. Infinity also checked for the presence of Modifications, where applicable. Some non-critical origination documents were also audited to confirm the completeness of origination files.
Note that the exceptions below represent an audit of imaged origination files provided to Infinity by Client. In conjunction, Client conducted a separate review of physical collateral files and, as a result, requested the categorization of certain collateral exceptions as Event Level 3 and 2 exceptions (e.g. missing title, missing mortgage). Where applicable, the presence of these documents in the physical collateral file was confirmed by Client. Exceptions for all missing documents are summarized below.
Active Document Exceptions | |
Standard Exception | Grand Total |
Missing Loan Modification | 31 |
Missing Final Application | 395 |
Missing HUD | 187 |
Missing Note | 2 |
Missing copy of Title Policy | 61 |
Missing Mortgage | 0 |
Missing Appraisal | 329 |
Missing Final TIL | 211 |
Missing Right to Cancel Form | 202 |
Missing Prepayment Penalty Rider4 | 14 |
Grand Total | 1,4325 |
Client noted that due to the seasoning of these loans, some origination documentation may not be available.
3 Infinity defines the full legal balance as the total amount due on the loan. The unpaid balance plus all fees and arrearages
4 These items have expired.
5 This is the total number of items and not total number of loans
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Infinity performed a compliance review on all of the loans in the sample in order to verify that each loan was originated in compliance with applicable federal, state and local anti-predatory lending statutes. If a loan was found to exceed applicable thresholds, additional testing was conducted to confirm additional criteria were met, and proper disclosure was provided to the borrower.
To accomplish this, Infinity captured all itemized closing fees as shown on the final HUD-1, or other acceptable settlement statement, as well as other data elements necessary to generate accurate high-cost threshold testing results. Annual Percentage Rates were recalculated based on the actual data in the file.7
Each mortgage loan file was tested for compliance with the federal Truth in Lending Act (“TILA”), as well as federal, state and local anti-predatory lending statutes. An overview of the federal testing is provided below, and a summary of the State & Local High-Cost Anti-Predatory Regulations that are covered can be found in Exhibit B.
The Section 32/HOEPA8 review included, but was not limited to, the following:
· | Rate test |
· | HPML test, if applicable |
· | Points and Fees test |
· | Review of Section 32 disclosure for accuracy (i.e. payment stream, highest payment scenario; dates disclosed, dates acknowledged) |
· | Review and confirmation of documentation type (i.e. full, stated, no ratio) |
· | Review for evidence of prepayment penalty |
· | Verification of Debt to Income conformity, when necessary. |
The Federal Truth in Lending Act/Regulation Z review includes, but is not necessarily limited to:
· | A review of the material compliance disclosures set forth in the Truth in Lending Disclosure and the Notice of Right to Cancel form, if applicable. A review final TIL with a report outlining any TILA violations. Re-calculation of disclosed finance charge, proper execution by all required parties, principal and interest calculations, payment stream(s), recalculation of disclosed APR, and a review to ensure disclosure differences are within the allowed tolerances. A review of the Notice of Right to Cancel: verification of the transaction date and expiration date, ensures proper execution of the Notice of Right to |
6 Note that compliance exceptions outside the statute of limitations were considered a non-critical exception for purposes of this review. Infinity identified 367 Truth in Lending Act (TILA) related exceptions that fell outside the three (3) year statute of limitations.
7 Note that loans had rate documentation and those parameters were analyzed for adherence to federal, state and local rate thresholds by utilizing the disclosed APR on the final Truth in Lending Disclosure found in the file.
8 There is a 3-year statute of limitations for affirmative claims and the position is that assigned liability is quite limited thereafter. That said, many states allow actions in recoupment. This is where the holder institutes foreclosure after 3 years and the SOL is tolled and counterclaims allowed, basically for the life of the loan. If the borrower prevailed damages could be as high as the full amount of the loan.
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Cancel by all required parties verifies the disbursement date and determines if a full 3-day rescission period was adequately provided to the borrower(s). |
Infinity reviewed 1,452 loan files and found the loans to be generally compliant with applicable laws or outside any statute of limitation (SOL). There were a total of 212 loans that were not tested for compliance of which 123 loans that were missing HUD Settlement Statement, 67 loans were Investment Properties or exempted and 8 loans originated prior to 1995. The following is a detailed breakdown of the findings for the loans noted:
Active Compliance Exceptions | |
Standard Exception | Total |
Prepayment Penalty Rider Missing | 14 |
Finance Charge Under Disclosed | 185 |
Missing Final TIL | 211 |
Missing Right to Cancel Form or not properly executed | 205 |
Missing HUD-1/CD9 | 187 |
Missing documents (unable to test for compliance)10 | 123 |
Georgia Fair Lending Act - GAFLA11 | 0 |
Ability to Repay12 | 0 |
Texas Constitution Section 50(a)(6) Home Equity Mortgage | 0 |
Texas Constitution Section 50(a)(6) Evidentiary Finding | 0 |
State High Cost loans outside SOL | 0 |
State High Cost No Assignee Liability | 0 |
State High Cost Not-compliant | 0 |
State High Cost (compliant) | 0 |
State High Cost inconclusive13 | 0 |
HOEPA High Cost Not-compliant14 | 0 |
HOEPA (compliant) | 0 |
HOEPA inconclusive | 0 |
RESPA and TILA issues | 367 |
APR Under Disclosed | 127 |
Missing Rate sheet/Discount Point Acknowledgement | 0 |
Loan proceeds disbursed prior to the expiration of the rescission period. | 33 |
Grand Total | 1,45215 |
Note that compliance exceptions outside the statute of limitations were considered a non-critical exception for purposes of this review. Infinity identified 333 loans with Truth in Lending Act
9 We had 187 missing and unexecuted HUDs and were not able to run compliance on 123 For the remaining 64 missing HUDs; 7 were investment properties, 4 were originated prior to 1995 and 53 had compliance run using the TIL itemizations/ Estimated HUDs/ improperly scanned copy.
10 Loans that could not be tested due to lack of missing documentation
11 The Georgia Fair Lending Act (GAFLA) was originally signed into law on April 22, 2002, became effective on October 1, 2002, and was subsequently amended on March 7, 2003. This law had a significant impact on Georgia residential mortgage lending and brokering activities. These passed the APR and Fees and Points Threshold. None loans have been identified in pool that is originated within GAFLA Period.
12 We are unable to verify code Special Feature Code 147 or determine if it falls under the safe harbor and truly fails ATR
13 Each of these were not tested to exceed state APR and/or points and fees thresholds, but rather could not be definitively tested due to lack of documentation in the loan files regarding discount points.
14 These are included in the pool based on the mitigating factors (namely seasoning and performance).
15 This is the total number of items and not total number of loans
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(TILA) related exceptions that fell outside the three (3) year statute of limitations16.
Infinity did not identify a significant number of prepayment penalties for nonconformity to state guidelines. Some loans were originated by federally chartered lenders that took advantage of the preemptive authority of DIDMCA and AMTPA. Under these circumstances, the prepayment penalty provision was considered exempt from any state statutory limitations. If a loan was not exempt due to a preemption claim, it was Client practice to lower the prepayment penalty to the statutory limit. In these cases, a discrepancy between the origination file and the Client system of record may exist (See Data Integrity Summary).
Infinity was provided a data file with loan level detail from September 2017 to September 2021, which was audited against origination documents to determine the accuracy of bid tape data. Infinity’s extract report delivers over 850 data points per loan file. The data points are based on the 1,452 loans left in the loan pool.
The following 53 data fields are a sample of the fields that were reviewed to confirm the integrity of bid tape information. (We have been provided tape data on approximately 136 fields):
Data Integrity Summary | ||
Amortization Term Months (CE, S&P) | Lifetime Downward Rate Change Cap | Pay Change Frequency |
Any Other Liens? | Lifetime Upward Rate Change Cap | Payment Frequency |
ARM Index Margin | Loan Amortization Type | Prepayment Penalty Description |
ARM Index Type | Loan Documentation Type | Prepayment Penalty Doc Status |
ARM Lifetime Cap |
Loan Original Maturity Term
|
Prepayment Penalty End Date |
ARM Lifetime Floor | Mailing Address | Prepayment Penalty Term Months |
Balloon Indicator | MERS MIN Number | Purpose of Refinance Per Application |
Borrower Name | Mortgage Type | Purpose of Transaction per HUD-1 |
Address | Negative Amortization Limit Percent | Purpose Per Application |
First Pay Change Date | Next Pay Change Date | Rate Adjustment Subsequent Cap Percent |
First Payment Date | Next Rate Change Date | Servicing Look Back Days |
First Rate Change Date | Occupancy at Origination (Property Usage Type) | Stated Maturity Date |
Interest Only Period? | Original Balance (or Line Amount) | Stated Remaining Term |
Junior Lien Holder | Original CLTV Ratio Percent | Subject Property Type |
Late Charge Rate | Original Note Doc Date | Subsequent Rate Adjustment Months |
16 On the 367 Infinity is noting the TILA violation, itself. These refer to under disclosures and missing TILA documents. Infinity was not referring to the other RESPA related documents, GFE, Mortgage Disclosures, Affiliated Business Disclosure, Initial Escrow Statement, and Servicing Transfer Statement. There were some loans that failed both for Under Disclosed fees and points and APR.
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Lender Doc Type | Original Standard LTV (OLTV) | Total Balance of Junior Lien(s) |
Lien Priority Type | Original Stated P&I | Value Used by Lender For LTV |
Interest Rate Rounding | Original Stated Rate |
The loan level audit showed the tape data for this sample to be generally accurate. Infinity noted the discrepancies within the detailed data comparison report. Below is a summary of the field level findings that show a direct discrepancy rate.
Compliance Data Integrity Review | |||
Sample Size | Data Fields Reviewed |
Total Data Errors |
Overall Error Rate: |
1,452 | 197,472 | 4,622 | 2.34% |
A summary of discrepancies by field can be found in the table below. Note that Client provided additional information to clarify the discrepancy rates for some fields. Per Client, many fields on the bid tape are representative of current system data, which may cause the loan level data to differ from the origination file due to basic loan servicing activity.
For example, bankruptcy activity may impact the Initial or Lifetime Floors and Caps. Similarly, previous modifications may cause discrepancies in Maturity Date, Interest Only term, Balloon indicator, Initial Rate Adjustment Period, or other ARM data fields. As indicated previously, Client may also have lowered the term of a prepayment penalty that exceeded state guidelines if a preemption claim did not exist, thus causing a discrepancy from the Note at origination.
Data Field | Direct Discrepancies |
Error Rate in Relation to Total Loan Population |
Amortization Term Months (CE, S&P) | 68 | 1.47% |
Amortized Remaining Term | 1 | 0.02% |
Amortized Term (Calculated) | 25 | 0.54% |
ARM Index Margin Percent | 23 | 0.50% |
ARM Index Type | 7 | 0.15% |
ARM Lifetime Cap Rate | 14 | 0.30% |
ARM Lifetime Floor Percent | 29 | 0.63% |
Balloon Date | 1 | 0.02% |
Balloon Indicator | 27 | 0.58% |
Borrower DTI Ratio Percent | 1 | 0.02% |
Does Lender G/L Require MI? | 320 | 6.92% |
First Pay Change Date | 11 | 0.24% |
First Payment Date | 47 | 1.02% |
First Rate Adjustment Months | 1 | 0.02% |
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First Rate Change Date | 30 | 0.65% |
Housing Ratio per U/W (Initial Rate) | 1 | 0.02% |
Interest Calculation Type | 4 | 0.09% |
Interest Only Expiration Date | 8 | 0.17% |
Interest Only Period? | 48 | 1.04% |
Interest Only Term Months Count | 12 | 0.26% |
Late Charge Code | 1 | 0.02% |
Late Charge Grace Period | 2 | 0.04% |
Lender Name | 225 | 4.87% |
Lifetime Upward Rate Change Cap | 5 | 0.11% |
Loan Amortization Type | 264 | 5.71% |
Loan Documentation Type | 26 | 0.56% |
Loan Original Maturity Term Months | 263 | 5.69% |
Mailing Address Zip Code | 6 | 0.13% |
Max Downward Rate Change at First Adjustment | 2 | 0.04% |
Max Rate At First Adjustment | 61 | 1.32% |
MERS MIN Number | 21 | 0.45% |
MI And Funding Fee Total Amount | 1 | 0.02% |
MI Certificate Number | 3 | 0.06% |
MI Company | 21 | 0.45% |
MI Coverage Amount | 14 | 0.30% |
MI Initial Premium Amount | 1 | 0.02% |
Min Rate At First Adjustment | 33 | 0.71% |
Mod Step 2 Period | 2 | 0.04% |
Mod Step 3 Period | 1 | 0.02% |
Mortgage Type | 2 | 0.04% |
Mtg Insurance Doc Status MI Cert in File? | 37 | 0.80% |
Neg. Amort Potential? | 278 | 6.01% |
Negative Amortization Limit Percent | 3 | 0.06% |
Next Pay Change Date | 27 | 0.58% |
Next Rate Change Date | 18 | 0.39% |
Number Of Units | 10 | 0.22% |
Occupancy at Origination (Property Usage Type) | 3 | 0.06% |
Original Appraisal Date | 24 | 0.52% |
Original Appraised Value | 172 | 3.72% |
Original Balance (or Line Amount) | 53 | 1.15% |
Original CLTV Ratio Percent | 228 | 4.93% |
Original Note Doc Date | 94 | 2.03% |
Original Standard LTV (OLTV) | 258 | 5.58% |
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Original Stated P&I | 155 | 3.35% |
Original Stated Rate | 101 | 2.19% |
Pay Change Frequency | 2 | 0.04% |
Periodic Rate Change Cap Down | 9 | 0.19% |
Post-Close DTI per 1003 | 142 | 3.07% |
Post-Close Housing Ratio per 1003 | 1 | 0.02% |
'Prepayment Penalty End Date | 1 | 0.02% |
Prepayment Penalty Indicator | 26 | 0.56% |
Prepayment Penalty Term Months | 2 | 0.04% |
Principal And Interest Initial Recast Months Count | 1 | 0.02% |
Purpose of Refinance Per Application | 283 | 6.12% |
Purpose of Transaction per HUD-1 | 193 | 4.18% |
Purpose Per Application | 50 | 1.08% |
Rate Adjustment Initial Cap Percent | 2 | 0.04% |
Rate Adjustment Subsequent Cap Percent | 7 | 0.15% |
Rate Lock Date | 1 | 0.02% |
Referral Date | 105 | 2.27% |
Sales Price (HUD-1 Line 101) | 23 | 0.50% |
Section 32 Loan? | 1 | 0.02% |
Servicing Look Back Days | 1 | 0.02% |
Stated Maturity Date | 402 | 8.70% |
Stated Remaining Term | 135 | 2.92% |
Subject Property Type | 141 | 3.05% |
Subsequent Rate Adjustment Frequency | 1 | 0.02% |
Grand Total | 4622 | 100% |
Infinity performed a collection comment, pay history, Pacer, and servicing information review on 1,452 loans within this pool. The following is a summary of our conclusions and findings surrounding this analysis. Please keep in mind that this review did not include an operational or gap audit to look for servicing practices and vendor management process governance as it relates to foreclosure and/or bankruptcy17.
Infinity reviewed the servicer payment history for each loan to establish a payment activity and history string. Infinity reviewed the payment application and determined how it impacted the contractual due dates on the loans in the portfolio with the primary focus of determining cash
17 The loans were reviewed to isolate issues for repayment risk.
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flows, last payment received, payment string, and next payment due (not to exclude escrow, late, and servicing charges) information based on the as of dates of the payment histories received.
A breakdown of the loans and as of dates for the review are below:
Pay History | |
As of Date | Total Loans |
9/2/2021 | 1452 |
Grand Total | 1,452 |
Data points surrounding 24 months of payment history (as defined as the most recent 24 months available during the period of September 2017 to September 2021) were also collected to determine loan status and data integrity. Infinity identified minor discrepancies between the servicer’s payment string and the audited payment string and determined that Client was able to provide an explanation, when applicable, for any noted discrepancies.18 Based on our analysis, Infinity determined that the majority of the loans were found to be 120 days or more delinquent and in the general default loan classification of “Bankruptcy”.
Methods of Accounting for Delinquencies
The client utilizes the MBA method of defining delinquency status, which is typical in the current market. Below is a table that represents the delinquency coding methodology used during our analysis.
Delinquency String |
Delinquency Reason |
0 | Less than 30 Days |
1 | 30 – 59 Days |
2 | 60 – 89 Days |
3 | 90 – 119 Days |
4 | 120+ Days |
Payment Posting
During the review, Infinity was able to isolate key payment transaction codes that identified payment receipt and helped to determine whether the transactions were posted with an accurate “effective date”. The net payment amount received and applied to the account including
18 A 24-month rolling string indicates the number of months past the due date for each payment made. Infinity used the contractual payment due while the servicer included adjustments for new legal agreements established for accounts in Chapter 13 bankruptcy (post-petition due date) and loans current while in an active repayment plan. We found that some of the tape items showed a right to left approach (the most recent delinquency was to the far right). Infinity places the most recent delinquency to the left. We also used indicator of 0 to 4 (zero as current and 4 as 120 plus), while some sellers used other accounting items up to an including 9. We found that majority of the loans had this type of discrepancy.
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principal, interest, and escrow payments represent activity through month end and include payment reversals.
Partial Payments
In the event that a payment received from the borrower is less than the contractual amount due, there are two types of processes used by sellers to handle partial payments: 1) the balance of the payment would be “advanced” to the borrower, or 2) the payment was applied directly to unapplied funds / suspense account.
In the second scenario, the funds are applied to the suspense account, and not the account balance, and therefore the amount of such payment is not recorded as an actual payment in the Client system. The funds may then be held in suspense until the full contractual payment was received.
Escrow/Corporate Advance Payments19
Escrow: The escrow account and/or balance will show funds held in trust to pay taxes and/or insurance. A negative balance indicates that funds have been advanced.
Corporate Advance: Infinity did not perform a reconciliation of the corporate advances, but did document the total dollar amount of fees advanced by the servicer and made observations in regards to the application of payments made toward the reduction of outstanding balances as represented in the payment history.20
In addition to analyzing payments made to the loans within this pool, Infinity also reviewed the servicing commentary to determine the reason(s) for any documented underperformance of the asset and to identify any indication of potential re-performance.
Infinity will review the servicing history for evidence of mortgage delinquency and for indicators of potential for future delinquency. The Servicing review will include but not necessarily be limited to:
ü | The source data is generally a pdf, text file, or direct access to the servicer’s system. |
ü | 24 months of Servicing Comments: Infinity reviewed the services account history for evidence of borrower communication, collection efforts, NSF and late notices and indicators of potential for future default. Any references of borrower misrepresentation or distressed property conditions were documented with an exception. |
o | Servicing commentary was analyzed to determine the reason for the asset’s underperformance and to identify clues regarding the potential risk for the loan and their ability to re-perform in the future. Additionally, distressed property conditions, occupancy issues, origination misrepresentations, etc. were identified through the review of these servicing/collection comments. |
19 Corporate advances may be deferred until the end of the loan and may not be recoverable.
20 Client noted that some funds were not separately categorized at the time of the review due multiple servicers handing the loans.
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o | Property conditions were reviewed to determine if there were any risks to the collateral.21 |
o | The current status of the loan of Loss Mitigation, Bankruptcy, Foreclosure, and/or SCRA was isolated to show the loan status. We verified the Bankruptcy via Pacer. Infinity followed the following methodology when assigning a delinquency status: |
§ | Performing: Current or less than 30 days past due |
§ | Delinquent in Collection: At least 30 days past due and may include loans in bankruptcy or forbearance plans |
§ | In Bankruptcy and may include: |
o | BK-Current: Current, but comments indicate an active bankruptcy |
o | BK-Delinquent: Delinquent, comments also indicate active bankruptcy |
o | For Bankruptcy reviews we reviewed the documents and information provider by Pacer – we obtained key documents from the PACER system to include (if available) – Document History page, Case Summary, Motion for Relief from Stay, Granted Motion, Employee Income Records, Order Confirming Chapter 13 Plan, Proof of Claim for subject loan, and Chapter 13 Plan. |
§ | Loss Mitigation: Delinquent, loan is with loss mitigation department working on resolutions with borrower such as modification, short sale, refinance |
§ | Foreclosure: Delinquent, foreclosure process is underway |
§ | REO: Foreclosure sale has occurred, property is bank owned |
ü | Modification Data: Infinity captured Note data for most recent modification where applicable. |
ü | Exit Strategy: Infinity reviewed the complete loan file to determine the most effective exit strategy by bucketing loans into various strategic categories. We analyze the current value, income, and the borrower's overall willingness to stay in the home and pay their loan obligations. Those customers who contact the creditor to seek information, explanation of the amount due and/or inquire about or attempt make a payment require customer service. With this information, one will be able to effectively perform a modification, forbearance plan, or select a refinancing and/or cram down option. |
Ø | Unfortunately, not every borrower showed the willingness and ability to keep the subject property. Those customers who did not respond and attempted to avoid or delay payment for as long as possible require collection enforcement. In cases like this, Infinity reviewed the file for the best course of action is to minimize any more losses by either taking a short sale, Deed in Lieu or by taking the property to liquidation by foreclosure. |
Based on the comments reviewed within the collection comments, Infinity has categorized the portfolio as follows:
21 Collection comments were made to the client to identify loans with damages – 11 loans had been noted with large repair costs.
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Loan Program Status Report | ||||
Servicing Status | Loan Count | Percentage of Sample | Legal Balance | Percentage of Balance |
Performing | 303 | 20.87% | $54,500,146.34 | 19.39% |
Collections | 339 | 23.35% | $64,561,788.19 | 22.97% |
Bankruptcy | 685 | 47.18% | $137,455,481.72 | 48.90% |
Foreclosure | 119 | 8.20% | $23,416,983.28 | 8.33% |
Payment Plan | 5 | 0.34% | $806,172.31 | 0.29% |
REO | 1 | 0.07% | $352,221.76 | 0.13% |
Grand Total | 1,452 | 100.00% | $281,092,793.60 | 100.00% |
Client servicing comments indicated multiple items to assist with determining this status either a system generated breach letter was issued, if the loan was referred to a foreclosure review committee, approved to proceed, or if the loan was assigned to outside counsel or the updated title provided details of a Lis Pendens. Based on the collection comments, Infinity determined that there were 755 loans (51.99%) that indicated some type of Foreclosure action.
Collection comments indicate that the most available action showed loans had bankruptcy at one time. Some loans bankruptcy includes efforts for a motion for relief and proof of claim filings. However, comments that relate to filing the proof of claim, 341 meeting, and motions were not found on all loans, so it was difficult to determine the full action or status as related to the bankruptcy process. Infinity determined that there were 1085 loans (74.72%) that indicated some type of Bankruptcy action. Overall, the loans with a bankruptcy status were summarized as follows:
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Bankruptcy Status Report | ||||
Servicing Status | Loan Count |
Percentage of Sample |
Unpaid Balance | Percentage of Balance |
Not Applicable | 367 | 25.28% | $68,842,673.12 | 24.49% |
Plan Confirmed | 598 | 41.18% | $109,392,212.43 | 38.92% |
Discharged | 225 | 15.50% | $38,855,729.30 | 13.82% |
Dismissed | 112 | 7.71% | $25,451,604.14 | 9.05% |
Lift Stay | 16 | 1.10% | $2,838,840.91 | 1.01% |
Proof of Claim | 75 | 5.17% | $19,080,851.43 | 6.79% |
Petition Filed | 56 | 3.86% | $15,719,556.18 | 5.59% |
Stipulated Agreement | 2 | 0.14% | $450,443.17 | 0.16% |
Referred to Attorney | 1 | 0.07% | $460,882.92 | 0.16% |
Grand Total | 1,452 | 100.00% | $281,092,793.60 | 100.00% |
Servicing Data Integrity Review
Infinity was provided a data file with loan level data during the applicable review of September 2017 to September 2021, which was audited against servicing comments and payment histories to determine the accuracy of bid tape data.
The following servicing data points were collected to confirm the integrity of bid tape information:
Data Integrity Summary | ||
Current Balance22 | Bankruptcy Status | Modification Status |
Current payment | BK Chapter | Mod Payment Amount |
Current Rate23 | BK Filing Date | Mod Deferred Balance |
22 Excludes Modification Deferred Principal Balance. Active Chapter 13 account balances are before necessary adjustments to segregate pre-petition, post-petition funds and all necessary fees that are accountable. As a result, the balance on the receivable system may not be fully reconciled.
23 Current Rate - The current interest rate of the mortgage at time of cut-off. This rate will change for ARMs in the month of the index change for the next payment due. Changes will not take effect if a loan is not paid through to the next rate change date. This rate will also reflect SCRA, rate reductions, bankruptcy or loan modifications.
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Remaining Term | Pay String | Mod Rate |
Next payment due24 | Foreclosure Status | Default Status |
The loan level audit showed the tape data for this sample to be generally accurate. Infinity noted the discrepancies within the detailed data comparison report. Below is a summary of the field level findings that show an overall servicing discrepancy 3.77% Note that this error rate is mostly attributable to timing difference and/ or limited information.
A summary of discrepancies by field can be found in the summary tables below. Note that Client provided additional information in the footnotes to clarify the discrepancy rates for some fields.
Servicing Data Integrity Review | |||
Sample Size | Data Fields Reviewed | Total Data Errors | Overall Error Rate: |
1,452 | 197,472 | 7,452 | 3.77% |
Data Field | Direct Discrepancies | Error Rate in Relation to Total Loan Population |
Accrued Interest per Payment History | 11 | 0.15% |
Age of Loan | 160 | 2.15% |
Bankruptcy (Post-Loan Origination)? | 241 | 3.23% |
Bankruptcy Filing Date | 8 | 0.11% |
Bankruptcy Motion Filed Date | 1 | 0.01% |
Borrower #1 Middle Name | 40 | 0.54% |
Borrower #2 First Name | 21 | 0.28% |
Borrower #2 Last Name | 19 | 0.25% |
Borrower #2 Middle Name | 14 | 0.19% |
Borrower First Name | 34 | 0.46% |
Borrower Last Name | 56 | 0.75% |
Corporate Advances: Recoverable per Payment History | 55 | 0.74% |
Current Bankruptcy Arrearage Amount | 20 | 0.27% |
Current Bankruptcy Case Number | 68 | 0.91% |
Current Bankruptcy Chapter | 8 | 0.11% |
24 Client uses plan due and Infinity uses contractual - Note that if a loan is pre-paid, the next due date will reflect a next payment due date in the future. For loans which are subject to Chapter 13 bankruptcy, this field reflects the post-petition due date or the most recent agreed order due date.
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Current Bankruptcy Post Petition Due Date | 17 | 0.23% |
Current Bankruptcy Proof of Claim (POC) Date | 9 | 0.12% |
Current Bankruptcy Status | 96 | 1.29% |
Current Foreclosure Doc Locator | 128 | 1.72% |
Current Foreclosure Status | 105 | 1.41% |
Current Legal Status | 98 | 1.32% |
Current Occupancy | 93 | 1.25% |
Current Servicer (Enumerated) | 3 | 0.04% |
Currently in Foreclosure? | 172 | 2.31% |
Deferred Balance Amount | 95 | 1.27% |
Deferred Principal (Modification) per Payment History | 23 | 0.31% |
Did a Modification Change Note Terms? | 79 | 1.06% |
Doc Date of Last Modification | 425 | 5.70% |
Escrow Advance Balance per Payment History | 13 | 0.17% |
Escrow Balance per Payment History | 117 | 1.57% |
Foreclosure Delay/Obstruction Start Date | 1 | 0.01% |
Foreclosure Judgment Entered Date | 14 | 0.19% |
Foreclosure Sale Date | 1 | 0.01% |
Is REO Active? | 83 | 1.11% |
Last Payment Received Date | 87 | 1.17% |
Mailing Address City | 5 | 0.07% |
Mailing Address Street | 35 | 0.47% |
Mod Maturity Date | 181 | 2.43% |
Mod Step 1 Date | 115 | 1.54% |
Mod Step 1 P&I | 9 | 0.12% |
Mod Step 1 Rate | 73 | 0.98% |
Mod Step 2 Date | 97 | 1.30% |
Mod Step 2 P&I | 7 | 0.09% |
Mod Step 2 Rate | 61 | 0.82% |
Mod Step 3 Date | 60 | 0.81% |
Mod Step 3 P&I | 2 | 0.03% |
Mod Step 3 Rate | 29 | 0.39% |
Mod Step 4 Date | 28 | 0.38% |
Mod Step 4 Rate | 2 | 0.03% |
Mod Step 5 Date | 2 | 0.03% |
Mod Step Indicator | 86 | 1.15% |
Modification Contains Balloon Provision? | 47 | 0.63% |
Modification First Payment Date | 91 | 1.22% |
Modification Original P&I | 33 | 0.44% |
Modification Original Rate | 27 | 0.36% |
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Modification Stated Term | 167 | 2.24% |
Mos Currently Delinquent | 50 | 0.67% |
Parsed Street Address Apartment or Unit | 12 | 0.16% |
Payment History String | 1114 | 14.95% |
Payment History String Reversed | 1138 | 15.27% |
Principal Balance Stated in Mod | 77 | 1.03% |
Property Address Street | 584 | 7.84% |
Property City | 36 | 0.48% |
Property County | 21 | 0.28% |
Property Postal Code | 21 | 0.28% |
S&C Filing Date | 127 | 1.70% |
Suspense Balance per Payment History | 22 | 0.30% |
Total Balance of Junior Lien(s) | 24 | 0.32% |
Total Debt / Legal Balance per Payment History | 420 | 5.64% |
Total Forgiven Principal Amount | 5 | 0.07% |
Total Term Including Mod. Extensions | 15 | 0.20% |
Unpaid Current Principal Balance (UPB) per Payment History | 187 | 2.51% |
Year Acquired | 27 | 0.36% |
Grand Total | 7452 | 100% |
This limited-scope was for around reviewing and documenting the most recent title report provided by the client or client’s vendor. (This case the reports were provided by ProTitle). Based on the title report, we captured the current lien position, potential assignment chain concerns, concerns with recordation and legal ownership; and any current and delinquent taxes. We noted liens and itemized liens up to 2 Senior and 3 Junior (all others will be summarized in the title findings summary).
We reviewed the subject file as provided by the client/seller and determine if the HUD and Title work performed at origination would indicate coverage and/or lien risk. These documents were used to offset items noted on the current title report which may lower the client’s/loan level risk.
If any issue was identified the client was made aware and has made arrangements to assure the curative action has been taken. Based on the review, it was determined that there were no non-curable significant issues on the mortgaged properties.
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Tax/Municipal Portion
Type of Taxes – Current or Delinquent | Grand Total |
Current with all Taxes | 1,364 |
Delinquent at the time of the review 25 | 87 |
Tax Information Unavailable | 1 |
Grand Total | 1,452 |
Title/Lien Portion
Lien Level Review | Grand Total |
First Lien | 1,219 |
Second Lien 26 | 150 |
Other Lien 27 | 83 |
Grand Total | 1,452 |
Lien Exceptions/Findings | Grand Total |
Assignment Chain Break | 213 |
Lien Level Exception/Findings | 233 |
Legal Description concerns 28 | 131 |
Grand Total | 577[2] |
25 Any delinquent tax amounts were addressed by the Servicer in accordance with its standard servicing procedures in order to ensure that the senior lien of the related Mortgage is maintained on the related Mortgaged Property. In addition to the Title Review conducted by the Infinity at the time of acquisition, the Servicer is monitoring the Mortgage Loans to check for delinquent taxes on the related Mortgaged Properties.
26 The client has made arrangements to perfect the lien level issues- by corrective recording action, title claims, or lien release actions.
27 The client has made arrangements to perfect the lien level issues- by corrective recording action, title claims, or lien release actions.
28 The client has made arrangements to re-record or file title actions needed to protect the subject lien.
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Infinity IPS, Inc. (“Infinity”) is a consumer loan and mortgage due- diligence company that performs due diligence services on assets typically held by banking institutions. The due diligence results, analysis, reports and any other information provided by Infinity (“Infinity Product”) is produced solely for use by its clients. Neither Infinity nor, by virtue of any reliance thereon, Infinity Product is making any solicitation or recommendation to buy, sell or hold, in any form whatsoever, the consumer loan products or mortgages that are the subject of Infinity’s due diligence.
Infinity is not liable for any investment decisions by any third party. Infinity Product has been provided to Infinity clients as an information service only. The accuracy or completeness of the information is not warranted and is only as reliable as the sources from which it was obtained.
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Client Exception Grade List
Standard Exception29 | Client Loan Grade |
3-day rescission period not provided | 2 |
Affiliated Business Disclosure not executed | 2 |
APR Under Disclosed | 2 |
State High-Cost Loan30 | 4 |
State High- Inconclusive 31 | 3 |
State High- No Assignee Liability 32 | 3 |
State High- Outside SOL | 2 |
City High-Cost Loan | 4 |
County High-Cost Loan | 4 |
Texas Constitution Section 50(a)(6) Home Equity Mortgage 33 | 4/3 |
Assignment chain break | 2 |
Legal Description concerns | 4/3 |
Failure to provide Early HELOC Disclosure within 3 business days | 3 |
Finance Charge Under Disclosed | 2 |
GA loan exceeds Covered Loan Test / GAFLA | 4 |
HOEPA Loan – Compliant | 4 |
HOEPA Loan - not compliant Loan34 | 4 |
HOEPA Loan – Inconclusive 35 | 4 |
Home Loan Not Compliant | 4 |
The invalid index used by the lender to calculate payment stream. | 2 |
HPML test, if applicable (High Price Mortgage Loans) | 2 |
Loan is subject to Mandatory Arbitration | 3/2 |
Loan Late Charge Parameters Exceeds State Thresholds | 2 |
Loan proceeds disbursed prior to the expiration of the rescission period. | 2 |
Missing Affiliated Business Disclosure | 3/2 |
Missing Appraisal | 3/2 |
Missing Brokers Price Opinion | 2 |
Missing copy of title | 3/2 |
Missing Credit Report | 3/2 |
Missing Early HELOC Disclosure | 3 |
Missing evidence of Loan Approval |
3/2 |
Missing Final Application | 3/2 |
Missing Final HUD-1 | 3 |
Missing Final TIL | 2 |
Missing Loan Modification | 3 |
29 When a loan is modified that will lower the risk.
30 These loans were pulled from the deal
31 Due to the missing disclosures, we are unable to determine if these loans violate state high cost testing.
32 There is no assignee risk to the investor
33 If the Loan failed the testing but was missing the discount point disclosures the loan was coded 3 since the loan would pass the test.
34 There is a 3-year statute of limitations for affirmative claims and so position is that assigned liability is quite limited thereafter. That said, many states allow actions in recoupment. This is where the holder institutes foreclosure after 3 years and the SOL is tolled and counterclaims allowed, basically for the life of the loan. If the borrower prevailed damages could be as high as the full amount of the loan.
35 HOEPA loans were subject to testing, but we did not see documentation showing these were originated as within HOEPA disclosure requirements.
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Missing Lost Note Affidavit36 | 3 |
Modification agreement not available at the time of the review | 4 |
Missing Mortgage | 3 |
Missing Mortgage Rider | 3 |
Missing Mortgage Rider – unrecorded Mortgage | 4 |
Missing Note | 4 |
Missing Note Rider/Addendum | 3 |
Missing Right to Cancel Form | 2 |
Monthly MI Premiums are not Properly Disclosed | 2 |
Payment Streams do not Reflect the Note Terms | 2 |
POC Deadlines are close to being missed37 | 4 |
Prepay Penalty Not Enforceable | 2 |
Prepayment penalty does not conform to state prepayment guidelines | 2 |
Principal Write downs or cram downs | 4 |
Right to Cancel form not properly executed | 2 |
Unpaid Taxes, Municipal liens or other liens38 | 4 |
36 When the file contained a lost note which was offset with a judgment then the loan was reduced to a 3
37 Client was requesting prior servicer to process these
38 Client was requesting servicer to pay these to protect the subject lien
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High-Cost Regulation Summary
Compliance Review:
Each mortgage loan file will be subject to a post-closing regulatory compliance review to verify that each mortgage loan closed in compliance with the applicable federal, state and local anti-predatory lending statutes in effect at the time of origination of the Mortgage Loan and that the loans meet the applicable disclosure requirements provided under MDIA, the federal Truth in Lending Act (“TILA”), as amended by (i) HOEPA, 15 U.S.C. § 1601 et seq., as implemented by Regulation Z, 12 C.F.R. Part 1026; (ii) Section 4 of the Real Estate Settlement Procedures Act (“RESPA”), 12 U.S.C. §2601 et seq., as implemented by Regulation X, 12 C.F.R. Part 1024. (iii) Fannie Mae points and fees limitations and HOEPA restrictions as addressed in Fannie Mae Announcement 04-06; (iv) the disclosure requirements and prohibitions of Section 50(a)(6), Article XVI of the Texas Constitution and associated regulations; and (v) the disclosure requirements and prohibitions of the applicable state, county and municipal laws and ordinances that were enacted to combat predatory lending or its predecessor regulations for loans originated prior to October 12, 2012 and (vi) the disclosure requirements and prohibitions of the applicable state, county and municipal laws and ordinances that were enacted to combat predatory lending. This would include ATR/QM and/or TRID as required by the Dodd–Frank Wall Street Reform and Consumer Protection Act. 39
For loans with an application taken on/ after January 10, 2014; INFINITY has adopted the rules set forth by sections 1411, 1412 and 1414 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Dodd-Frank Act. as part of its policy and procedure. INFINITY shall utilize the QM/ATR rule as a guide in determining if whether or not the standards and provisions of the rule have been met by our CLIENTs. Qualified Mortgages have three types of requirements: restrictions on loan features, points and fees, and underwriting. One of the underwriting requirements under the general definition for Qualified Mortgages is that the borrower’s total debt-to-income ratio is not higher than 43 percent (For S&P 42%). The Ability To Repay rule provides eight specific factors to consider (including verifications of income or assets relied on, employment if relied on, and review of credit history) 40.
For loans with an application taken on/ after October 3, 2015, INFINITY we look at the Loan Estimate (LE) and Closing Disclosure (CD) and the origination process to confirm that the loan is compliant with TRID as required by the Dodd–Frank Wall Street Reform and Consumer Protection Act. TRID 41 is an acronym for TILA- RESPA Integrated Disclosure (also referred to as the TILA-RESPA Rule) and applies to most closed-end Borrower credit transactions secured
39 For this review the client had requested that for files missing key documents such as their Note and/or Mortgage that Infinity use the tape data to complete missing data points to run compliance testing.
40 Eight underwriting factors: (1) current or reasonably expected income or assets; (2) current employment status; (3) the monthly payment on the covered transaction; (4) the monthly payment on any simultaneous loan; (5) the monthly payment for mortgage-related obligations; (6) current debt obligations, alimony, and child support; (7) the monthly debt-to-income ratio or residual income; and (8) credit history. Creditors must generally use reasonably reliable third-party records to verify the information they use to evaluate the factors.
41 With the recent TRID updates we look the guidance given by SFIG (SFIG RMBS 3.0 TRID compliance Review scope 2016-05-04-V3.0).
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by real property. The rule does not apply to HELOCs, reverse mortgage, and a dwelling not attached to real property (i.e. mobile homes). TRID consolidates four existing disclosures required under TILA and RESPA for closed-end credit transactions secured by real property into two forms.
ü | Section 32/HOEPA Section 35/ High Cost Loans HCL. Review includes but is not necessarily limited to: |
Ø | APR test |
Ø | HPML test as defined under Section 35 as amended in 2009 |
Ø | Points and Fees test |
Ø | Review of Section 32 disclosure for accuracy (i.e. payment stream, highest payment scenario; dates disclosed, dates acknowledged) |
Ø | Review and confirm documentation type (i.e. full, stated, no ratio) |
Ø | Review for evidence of prepayment penalty |
Ø | Verification of Debt to Income conformity, when necessary. |
ü | Federal Truth in Lending Act/Regulation Z. Review includes, but is not necessarily limited to: |
Ø | A review of the material compliance disclosures set forth in the Truth in Lending Disclosure and the Notice of Right to Cancel, if applicable. A review and comparison of the initial and final TIL with a report outlining any TILA violations. The review includes a re-calculation of disclosed finance charge, proper execution by all required parties, principal and interest calculations, payment stream(s), recalculation of disclosed APR, and a review to ensure disclosure differences are within the allowed tolerances. A review of the Notice of Right to Cancel: Review includes a verification of the transaction date and expiration date, ensures proper execution of the Notice of Right to Cancel by all required parties verifies the disbursement date and determines if a full 3-day rescission period was adequately provided to the borrower(s). |
ü | RESPA/Regulation X: Each mortgage loan will be reviewed to ensure compliance with the January 1st, 2010, or the most current, amendments to Regulation X. The RESPA/Regulation X review will consist of the following: |
Ø | Good Faith Estimate / GFE: Confirm the presence of the current GFE form in effect at the time of origination. Verify the GFE was provided to the borrower(s) within three days of “Application”. Application shall be defined by Reg. X and generally considered complete when the following standards are met (a) Borrower(s) First and Last Name (b) Borrower(s) Social Security Number (c) Subject Property Address (including “To Be Determined”) (d) Loan Amount (e) Estimate of Property Value (f) Monthly Income (g) Credit Report(s) for Borrower(s). INFINITY will also verify that all Broker fees, including Yield Spread Premium (“YSP”), were accurately disclosed and reflected in the appropriate locations. Fees will be reviewed to ensure that they are reasonable and customary fees for the lender, for title and for escrow companies and that those fees were |
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accurately disclosed on the GFE and were reflected in the proper locations on the document. Review of any re-disclosures due to a change of circumstance.
o | Final HUD-1/CD: INFINITY will confirm compliance with the current RESPA requirements in effect as of origination of the Mortgage Loan including: that the current applicable HUD-1 form was provided, that the escrow deposit on the HUD-1 matches the initial escrow statement amount and that the HUD-1 accurately lists all broker and YSP fees. |
o | GFE and Final HUD-1/CD Comparison: Confirm compliance with the current RESPA requirements in effect as of origination of the Mortgage Loan including: review the sum of the lender-required settlement services and government recording charges disclosed on the latest GFE provided to the borrower to ensure that they are within the allowed tolerance (currently 10%) as set forth in the RESPA requirements.. Confirm the loan terms and fees disclosed on the third page of the HUD-1 accurately reflect how they were disclosed on the GFE and how the loan closed. Review any attempt to cure a RESPA violation due to disclosed fees being outside of tolerance to ensure that either the proper reimbursement has been made or a new HUD-1 is provided and that it was done within the required 30-day window. |
ü | High Cost - State & Local Anti-Predatory Regulations: In addition to federal thresholds, INFINITY will review the anti-predatory lending statutes in the following states and local municipalities, as applicable, as well as any additional applicable regulations implemented during the Term of this SOW: |
Ø | Arkansas Home Loan Protection Act, Ark. Stat. Ann. § 23-53-101 et seq. |
Ø | California Anti-Predatory Lending Statute, Cal. Fin. Code § 4970 et seq. |
Ø | Colorado Consumer Equity Protection Act, Colo. Rev. Stat. § 5-3.5-101 et seq. and as amended by Senate Bill 216 (2007) and House Bill 1322 (2007). |
Ø | Colorado Consumer Credit Code, Colo. Rev. Stat. 5-1-101 et seq. |
Ø | Connecticut Abusive Home Loan Lending Practices Act, Conn. Stat. Ann. §36a-746 et seq. and the Responsible Lending and Economic Security Act, Conn. House Bill 5577 (2008). |
Ø | Connecticut Nonprime Home Loans Statute, Conn. Gen. Stat. §§ 36a-760 et seq. (as originally enacted and as amended by Senate Bill 949). |
Ø | District of Columbia Home Loan Protection Act of 2002, D.C. Official Code § 26-1151.01 et seq., as implemented by 20 D.C. Municipal Reg. § 2000.1 et seq. as well as DC Mortgage Disclosure Act of 2007. |
Ø | Florida Fair Lending Act, Fla. Stat. Ann. § 494.0078 et seq. |
Ø | Georgia Fair Lending Act, Ga. Stat. Ann. § 7-6A-1 et seq. (as originally enacted by House Bill 02-1361 and as modified by Senate Bill 03-53) |
Ø | Idaho Residential Mortgage Practices Act, Idaho Code § 26-3101 et seq. |
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Ø | Illinois High Risk Home Loan Regulations, 38 Ill. Admin. Code § 345.10 et seq. |
Ø | Illinois High Risk Home Loan Act, Public Act. 93-0561 (2003). Recently updated by Illinois SB 1692 (2012), imposes enhanced restrictions on creditors that make “high risk home loan.” |
Ø | City of Chicago, Illinois, Anti-Predatory Lending Ordinance, Chicago Municipal Code, §§ 2-32-440; 2-32-455; 2-92-325; 4-4-155; 8-4-325. |
Ø | Cook County, Illinois, Anti-Predatory Lending Ordinance, Ordinance No. 240864 (2001) as amended by Illinois SB 1167 (2007). |
Ø | July 1, 2010 (Will, Kane and Peoria counties) Public Act 95-0691 (SB1167) as amended by Public Act 096-0856 (SB1894) 765 ILCS 77/70 |
Ø | Indiana Home Loan Practices Act, Ind. Code § 24-9-1 et seq. |
Ø | Section 16a-3-308a of the Kansas Consumer Credit Code, Kan. Stat. Ann. § 16a-1-101 et seq. 16. |
Ø | Kentucky Anti-Predatory Lending Statute, Ky. Rev. Stat. § 360.100 et seq. and as amended by Kentucky House Bill 552 (2008). |
Ø | Maine, An Act to Enhance Consumer Protections in Relation to Certain Mortgages, 9A Me. Rev. Stat. Ann. §§ 8-103(1); 8-206(8); 8-206A and Maine Legislative Document 1869 (2007). |
Ø | Maryland Commercial Law, Mary. Stat. Ann. §§ 12-124.1; 12-127; 12-409.1; 12-1029 and as amended by Maryland Senate Bill 270 (2008) and Maryland Regulations under the Maryland Mortgage Lender Law (2009). |
Ø | Maryland Regulations under the Maryland Mortgage Lender Law, Md. Code Regs. §§ 09.03.06.01 et seq. (2009). |
Ø | Maryland Regulations for Higher Priced Mortgage Loans, as promulgated under the Maryland Mortgage Lender Law, Md. Code Ann., Fin. Instit. Code §§ 11-501 et seq.; Md. Code Regs. §§ 09.03.06.01 et seq. |
Ø | Massachusetts High Cost Mortgage Regulations, 209 CMR § 32.32 et seq. including MA House Bill 4387 (2008) 20. Massachusetts Predatory Home Loan Practices Act, M.G.L. Chapter 183(C). |
Ø | Massachusetts “Borrower’s Interest” Standard, M.G.L. Chapter 183, §28C. |
Ø | Massachusetts Mortgage Lender and Broker Regulations, 940 CMR § 8.00 (15-17). |
Ø | Massachusetts Subprime ARMs to First Time Homebuyers, M.G.L. Chapter 184, §17B.5. |
Ø | Michigan Consumer Mortgage Protection Act, Mich. Stat. Ann. § 445-1631 et seq. |
Ø | Minnesota Mortgage Originator and Service Licensing Act, § 58.137 et al. (S.F. 2988 (2002) and as amended by House File 1004 and SF 98 (2007) and SF 3154 and 3214 (2008). |
Ø | Nebraska Mortgage Bankers Registration and Licensing Act, Neb. Stat.§ 45-702 et seq. |
Ø | Nevada Anti-Predatory Lending Law, Nev. Rev. Stat. § 598D.010 et seq. and as amended by AB 440. |
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Ø | New Jersey Home Ownership Security Act of 2002, NJ Stat. Ann. § C:46:10B-22 et seq. |
Ø | New Mexico Home Loan Protection Act, N.M. Stat. Ann. § 58-21A-1 et seq. and as amended by Senate Bill 342 (2009). |
Ø | New York High Cost Home Loan Regulations, 3 NYCCR Part 41 (2001). |
Ø | New York High Cost Home Loan Act, N.Y. Bank. L. Ch. 626., as implemented by 3 NYCCR Part 41 (2003) and as amended by Senate Bill 8143-A (2008). |
Ø | New York Subprime Home Loans Statute, NY Bank. Law § 6-m. |
Ø | North Carolina Anti-Predatory Lending Law, N.C. Gen. Stat. §§ 24-1.1A to 24-10.2 and North Carolina Amendments to Anti-Predatory Lending Law, N.C. Gen. Stat. §§ 24-9; 24-1.1(E)(a); 24-10.2(a) and as amended by House Bill 1817 (2007). |
Ø | Ohio Anti-Predatory Lending Statute, Ohio Rev. Code Ann. § 1.63 and as amended by S.B. 185. |
Ø | Ohio Consumer Sales Practices Act, Ohio Rev. Code Ann. § 1345.01, as implemented by Ohio Admin. Rules § 109 4-3-01 et seq. |
Ø | City of Cleveland Heights, Ohio, Anti-Predatory Lending Ordinance, Ordinance No. 72-2003. |
Ø | Oklahoma Anti-Predatory Lending Law, House Bill No. 1574 (2003). |
Ø | Pennsylvania Consumer Equity Protection Act, 63 Pa. Cons. Stat. Ann. § 456.501 et seq. |
Ø | City of Providence, Rhode Island Predatory Lending Ordinance, Ordinance No. 245, Chapter 2006-33 as amended. |
Ø | Rhode Island Home Loan Protection Act, Chapter 25.2 of Title 34 of RI Gen. L. et seq., including the Emergency and Final Regulations (Emergency Banking Regulation 3 (2006) and Final Banking Regulation 3 (2007) and amended by Senate Bill 371 (2007).). |
Ø | South Carolina High-Cost and Consumer Home Loans Act, S.C. Code § 37-23-10 et seq. |
Ø | South Carolina Consumer Protection Code, S.C. Code 37-1-101 et seq |
Ø | Tennessee Home Loan Protection Act of 2006 H.R. 3597, TN Code Annotated, Title 47 et seq. |
Ø | Texas High-Cost Home Loan Statute, TX. Fin. Code Ann. § 343.201 et seq. |
Ø | Utah Residential Mortgage Practices Amendments, Utah Code Ann. § 61- 2c-102 et seq. |
Ø | Utah High Cost Home Loan Act, Utah Code § 61-2d-101 et seq. |
Ø | Vermont Interest Act, 9 V.S.A. § 104, implemented by Regulation B-98-2. |
Ø | Virginia Mortgage Lender and Broker Act (for loans originated prior to July 1, 2003), Va. Code Ann. §§ 6.1-413; 6.1-422, 6.1-428. |
Ø | Virginia Mortgage Lender and Broker Act (for loans originated after July 1, 2003), Va. Code Ann. §§ 6.1-411; 6.1-422.1, 6.1-425.1; 6.1-425.2. |
Ø | Washington House Bill 2770, Mortgage Lending and Homeownership, Chapter 108, Laws of 2008. |
Ø | Wisconsin Responsible High Cost Mortgage Lending Act, Wis. Stat. § 428.202. |
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Ø | West Virginia Residential Mortgage Lender, Broker and Servicer Act, W.Va. Code § 31-17-1 et seq. |
Ø | Wyoming Credit Code, Wyo. Stat. Ann. §§ 40-14-101 et seq. |
Please be advised that INFINITY will not make a determination as to whether the loans comply with federal, state or local laws, constitutional provisions, regulations or ordinances that are not expressly enumerated above. Furthermore, the findings reached by INFINITY are dependent upon its receiving complete and accurate data regarding the loans from loan originators and other third parties upon which INFINITY is relying in reaching such findings.
Please be further advised that INFINITY does not employ personnel who are licensed to practice law in the various jurisdictions, and the findings set forth in the reports prepared by INFINITY do not constitute legal advice or opinions. They are recommendations or conclusions based on information provided to INFINITY. All final decisions as to whether to purchase any individual loans and any legal conclusions, including the potential liability related to the purchase of any such loan, shall be made solely by CLIENT. The CLIENT acknowledges and agrees that the scoring models applied by INFINITY are designed to identify potential risk and the CLIENT assumes sole responsibility for determining the suitability of the information for its particular use.
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