- 7 - contracts. The required net yield is the interest rate that petitioner will receive from the mortgage it purchases from an originator. Petitioner did not charge an upfront commitment fee in its immediate delivery purchase program. 2. Prior Approval Program Alternatively, originators may sell multifamily mortgages to petitioner under the prior approval program, which began in 1976. Under this program, petitioner entered into contracts with originators to purchase a multifamily mortgage before the closing date of the mortgage. In general, each executed prior approval purchase contract pertained to a single mortgage, as opposed to a pool of mortgages. Petitioner’s promotional pamphlets state that this program offered originators the “peace of mind” of knowing that petitioner would purchase the loan once it closed. The pamphlets also explain that once an originator entered into a prior approval purchase contract with petitioner, “delivery of the loan is still optional, so [the originators] don’t have to worry if the deal hits a snag or falls through completely.” Under the prior approval program, originators were not obligated to deliver the multifamily mortgage to petitioner. Petitioner’s Sellers’ & Servicers’ Guide is part of the contract between an originator and petitioner. Petitioner’s Sellers’ & Servicers’ Guide states: “Delivery under this program is optional. However, unless the optional delivery contract isPage: Previous 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 Next
Last modified: May 25, 2011