Federal Home Loan Mortgage Corporation - Page 14

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          greater spread or less of a discount from UPB) of selecting an              
          alternate required net yield in lieu of the higher maximum                  
          required net yield as stated in the prior approval purchase                 
          contract.12                                                                 
               If an originator selected an alternate required net yield,             
          it was required to give notice of this selection no later than              
          the date of conversion to mandatory delivery.  If an originator             
          failed to give notice of conversion to a mandatory commitment               
          within 5 business days of selecting an alternate required net               
          yield, the prior approval purchase contract would be terminated,            
          and petitioner would retain the entire 2-percent commitment fee.            
               Nondelivery generally occurred when the borrower repudiated            
          or defaulted on its arrangement with the originator so that the             
          originator did not have the mortgage to deliver.13  Unlike                  
          originators who entered into an immediate delivery purchase                 
          program, when an originator participating in the prior approval             
          program failed to deliver a mortgage, it was not disqualified or            
          suspended as an eligible seller of mortgages to petitioner.                 


               12 If petitioner’s required net yield on the day of delivery           
          election was lower than the maximum required net yield, an                  
          originator holding a higher than current market-rate mortgage               
          would normally obtain a spread greater than the minimum servicing           
          spread specified in sec. 2603 of petitioner’s Sellers’ and                  
          Servicers’ Guide.                                                           
               13 An originator finding a more attractive opportunity for             
          disposing of a mortgage had to consider the forfeiture of the               
          1.5-percent refundable portion of the commitment fee.                       





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Last modified: May 25, 2011