Federal Home Loan Mortgage Corporation - Page 27

                                       - 27 -                                         
          maximum yield, petitioner is required to purchase the mortgage on           
          terms less favorable than they would have been at current rates.            
               The option of whether to sell the mortgage also protects an            
          originator from the risk it might not close the subject mortgage,           
          making the sale to petitioner impossible.  Without the option,              
          the originator’s failure to deliver could result in serious                 
          sanctions including the originator’s disqualification from                  
          further dealings with petitioner.  An originator could avoid the            
          commitment fee altogether by entering into an immediate delivery            
          purchase contract; however, a failure to deliver the mortgage to            
          petitioner under an immediate delivery purchase contract can                
          result in sanctions including disqualification of an originator             
          from future mortgage sales to petitioner.  In most cases, the               
          penalty for nondelivery is disqualification of an originator from           
          eligibility to sell mortgages to petitioner.  Given petitioner’s            
          prominent position in the secondary mortgage market,                        
          disqualification of an originator would seem to be of great                 
          importance to an originator and would explain why an originator             
          is willing to pay the nonrefundable commitment fee in return for            
          retaining the option to deliver the mortgage.  The uncertainty of           
          an originator’s ability to deliver a mortgage that has not closed           
          and the potential detriment to be suffered in that event,                   
          constitutes a future contingency that the optionee is willing to            
          pay to protect itself against.  This contingency, while                     
          apparently unlikely to occur, is obviously of sufficient concern            




Page:  Previous  17  18  19  20  21  22  23  24  25  26  27  28  29  30  31  32  33  34  35  36  Next

Last modified: May 25, 2011