Federal Home Loan Mortgage Corporation - Page 24

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          Cl. 725, 422 F.2d 887 (1970).  Respondent’s position ignores both           
          the reality and the language in the Sellers’ & Servicers’ Guide             
          that delivery of the mortgage by an originator is “optional”.               
               Respondent argues that the prior approval purchase contracts           
          are not options because these contracts lack a fixed purchase               
          price that petitioner will pay in the event an originator                   
          delivered a mortgage.  Respondent contends that the price was not           
          fixed because an originator could deliver a mortgage at either              
          the maximum required net yield or the alternate required net                
          yield, which was not fixed until an originator converted a prior            
          approval purchase contract into a mandatory delivery contract.              
               The prior approval purchase contracts establish a formula to           
          determine the price, which petitioner and an originator agreed to           
          use.  Form 6 identified the amount of the mortgage that                     
          petitioner was obligated to purchase.  The maximum required net             
          yield provides the minimum price that petitioner would pay to an            
          originator to purchase the mortgage.  While the alternate                   
          required net yield allowed an originator to potentially receive a           
          more favorable purchase price, we do not think that this feature            
          of the contract changes the fact that the parties to the prior              
          approval purchase contracts agreed to a formula that determined             











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Last modified: May 25, 2011