(ww) Ability to Repay. Notwithstanding anything to the contrary set forth in this Agreement, on and after (or such later date as set forth in the relevant regulations), prior to the origination of each HELOC, the originator made a reasonable and good faith determination that the Mortgagor had a reasonable ability to repay the loan according to its terms, in accordance with, at a minimum, the eight underwriting factors set forth in 12 CFR (c); provided that a modification subsequent to the date listed above shall not be considered an origination of a HELOC or a covered transaction as long as no new Credit Agreement is executed and delivered and the interest rate of the related HELOC is not increased.
(ddd) Value of. Seller has delivered an appraisal or a property valuation acceptable to the Buyer in its sole discretion, as applicable. The person performing such property valuation received no benefit from, and such person’s compensation or flow of business from the Seller were not affected by, the acquisition of the HELOC by the Seller or any other applicable transferee.
(fff) Rotating Label. Each HELOC provides for an initial period (the Revolving Period) during which the Mortgagor is required to make monthly payments of interest payable in arrears and requires repayment of the unpaid principal balance thereof over a period following the Revolving Period (the Repayment Period), which is not in excess of tow hundered and forty (240) months.
With regards to the HELOC, the newest associated Mortgagor may request advances doing the financing Limitation within the basic (1st) ten (10) ages after the big date of origination, susceptible to cancellation otherwise suspension within the regards to the brand new related Credit Contract
(ggg) Appeals to Compliance having Laws. Each Draw under the HELOC has been disbursed in accordance with all applicable laws, rule and regulations, including, without limitation, all applicable state and local licensing requirements.
(hhh) Enforcement of Cures. Each Credit Agreement permits the holder to enforce its full remedies, including the right to suspend or terminate the right to make additional Draws or to reduce the Credit Limit if (i) the value of the related Mortgaged Property declines significantly, (ii) the Mortgagor’s financial circumstances materially change, or (iii) certain other events occur, including a material event of default by the Mortgagor, as described in the related Credit Agreement.
(iii) Mortgagor. Each Mortgagor is a natural person and/or trustee for an Illinois land trust or a trustee under a living Virginia loans trust and such living trust is in compliance with Fannie Mae or Freddie Mac guidelines applicable at the time of origination of the related HELOC. In the event the Mortgagor is a trustee of a living trust, such trustee is a natural person and is an obligor under the related Credit Agreement in his or her individual capacity. The Mortgagor is (i)(x) either a United States citizen or (y) a permanent resident alien who has the right to legally live and work permanently in the United States or a territory of the United States, or (ii) an eligible Mortgagor pursuant to, and in accordance with, the applicable Underwriting Guidelines and legally permitted to reside in the United States or a territory of the United States. Evidence of residency status for a permanent resident alien has been validated by documentation acceptable to Fannie Mae or Freddie Mac.
(kkk) Certified Mortgage. Each HELOC constitutes a qualified mortgage under Section 860G(a)(3)(A) of the Code and Treasury Regulation Section 1.860G-2(a)(1).
Unmarried Premium Borrowing from the bank Life insurance
(lll) . The fresh relevant Mortgagor was not required to pick one borrowing from the bank lifestyle, borrowing handicap, credit unemployment, credit property, accident otherwise medical insurance device since the a condition of getting the new expansion regarding borrowing. Not one of the proceeds of these HELOC were used to acquire or funds a single superior borrowing insurance plan within the newest origination out of, otherwise while the an ailment for the closure of such HELOC.
