LENDERS ARE PUSHING HOMEOWNERS
OUT OF THEIR HOMES
AT EXACTLY THE THREE YEAR MARK
TO REAP THE BENEFITS OF "REO"
A LIE, BUT WELLS FARGO DOESN'T CARE
THEY ARE QUICKLY FORECLOSING
AGAINST SEC TRUST LOANS
AND THEY TAKE THE BENEFITS
AS IF THEY WERE REO'S
Real Estate Owned (REO): Any Mortgaged Property the title to which
is acquired on behalf of the Trustee through foreclosure, deed-in-lieu of
foreclosure, abandonment or reclamation from bankruptcy in connection with a
defaulted Mortgage Loan
Realized Loss: As to any defaulted Mortgage Loan, any loss realized
by the Trustee of such Mortgage Loan as calculated pursuant to Section 7.7
hereof.
Recovery : As defined in the Pooling and Servicing Agreement.
Reference Bank: Wells Fargo Bank, N.A. or if such entity is no
longer lending money or no longer quoting a prime rate, such other entity as the
Master Servicer may specify by written notice to the Servicer.
Regulation AB: Subpart 229.1100 - Asset Backed Securities
(Regulation AB), 17 C.F.R. ss.ss.229.1100-229.1123, as such may be amended from
time to time, and subject to such clarification and interpretation as have been
publicly provided by the Commission in the adopting release (Asset-Backed
Securities, Securities Act Release No. 33-8518, 70 Fed. Reg. 1,506 (Jan. 7,
2005)) or by the staff of the Commission, or as may be provided by the
Commission or its staff from time to time.
Relevant Servicing Criteria: The Servicing Criteria applicable to
the Servicer, as set forth on Exhibit R to the Pooling and Servicing Agreement.
For clarification purposes, multiple parties can have responsibility for the
same Relevant Servicing Criteria. With respect to a Subcontractor or Subservicer
engaged by the Servicer, the term "Relevant Servicing Criteria" refers to the
portion of the Relevant Servicing Criteria applicable to the Servicer insofar as
the functions required to be performed by the Servicer are to be performed by
the Subcontractor or Subservicer, as applicable.
REMIC: The segregated pool or pools of assets designated as one or
more real estate mortgage investment conduits, within the meaning of the REMIC
Provisions, pursuant to the Pooling and Servicing Agreement.
REMIC Provisions: The provisions of the federal income tax law
relating to real estate mortgage investment conduits, which appear at Sections
860A through 860G of the Code, and related provisions, and regulations and
rulings promulgated thereunder, as the foregoing may be in effect from time to
time and including any proposed legislation or regulations which, as proposed,
would have an effective date prior to enactment thereof.
Remittance Date: The 24th day of each month (or the preceding
Business Day if the 24th day is not a Business Day). Each month, the Servicer
must transfer all required funds from the Custodial P&I Account to the
Certificate Account on or before the Remittance Date.
Rents from Real Property: With respect to any REO, gross income of
the character described in Section 856(d) of the Code (generally, rent for the
use of real property, the amount of which is not dependent, in whole or in part,
upon the income or profit of any person, including certain payments for certain
services and personal property incidental to and customarily provided in
connection with the rental of such real property.)
REO Disposition: The receipt by the Servicer of Liquidation Proceeds
and other payments and recoveries (including proceeds of a final sale) from the
sale or other disposition of the REO.
REO Disposition Period: The period of time in which the Servicer
shall dispose or cooperate with the Trustee in disposing of an REO as set forth
in Section 14.4.2.
ARTICLE 14
REO Administration
Section 14.1 General Provisions
14.1.1. REO Action Plan. With regard to each REO which is acquired,
the Servicer shall prepare a plan of action within 30 Business Days after the
date on which the Trustee acquires marketable title to such REO. Each plan of
action shall set forth (i) a recommendation for the most effective manner to
dispose of the REO, based on a current appraisal report, a broker's price
opinion and a market analysis; (ii) the steps to be taken by the Servicer to
secure such REO; and (iii) an estimate of the amount of time that is required to
dispose of such REO. The Servicer shall promptly submit copies of each plan of
action to the Master Servicer and, where applicable, to the respective Primary
Mortgage Insurer, and/or the respective Pool Insurer. The Servicer shall
implement each plan of action in an expeditious manner. The Servicer shall
maintain monthly progress reports with regard to each plan of action detailing
the status of the related REO and the progress achieved in implementing the plan
of action.
Section 14.2 REO Servicing
14.2.1. REO Servicing Requirements. The Servicer shall service each
REO from its acquisition through its disposition and shall ensure that all funds
received with respect to such REO are deposited to the appropriate Custodial P&I
Account for remittance to the Trustee, unless the Master Servicer has relieved
the Servicer of these responsibilities by written notification.
14.2.2. Servicer's Responsibilities. In addition to any other
obligations set forth herein, upon acquisition of each REO, the Servicer shall
be responsible for:
(a) managing, maintaining, securing and, where applicable, renting
such REO until it is conveyed or sold;
(b) inspecting such REO at least once every 30 days and promptly
sending the Master Servicer an updated Property Inspection Report upon
request;
(c) paying all taxes, insurance, maintenance, management and
foreclosure costs relating to such REO;
(d) submitting recommendations for listing and soliciting offers on
such REO;
(e) marketing such REO;
(f) completing the sale of such REO;
(g) depositing sales proceeds relating to such REO into the
appropriate Custodial P&I Account for remittance to the Trustee;
(h) where applicable, satisfying all of the Primary Mortgage
Insurer's procedural requirements and filing all required forms and
claims;
(i) where applicable, depositing Primary Mortgage Insurance or Pool
Insurance proceeds relating to such REO into the applicable Custodial P&I
Account for remittance to the Trustee; and
(j) processing the conveyance of such REO to the Primary Mortgage
Insurer, where applicable.
14.2.3. [Reserved].
Section 14.3 REO Records and Reports
14.3.1. Records Retention. The Servicer shall retain in its files
copies of all documents, reports and invoices described in this Section.
14.3.2. Evidence of Title. Evidence that title to a REO is held by
the Trustee shall be submitted by the Servicer to the Master Servicer and, if
applicable, to the Primary Mortgage Insurer and/or the Pool Insurer, within ten
Business Days after marketable title to such REO has been acquired.
14.3.3. REO Expenses. At the request of the Master Servicer, Primary
Mortgage Insurer and/or the Pool Insurer, the Servicer shall send a report
listing all expenses in administering each REO. The Servicer shall retain such
invoices in its records and shall, by request, (i) produce any such invoices for
inspection or (ii) at its own expense, provide copies of any such invoices to
the Master Servicer and, if applicable, to the Primary Mortgage Insurer and/or
the Pool Insurer, as directed. The foregoing expense invoices shall include,
without limitation, the following:
(a) insurance premiums;
(b) real estate tax bills;
(c) special assessments;
(d) owners' association dues; and
(e) utility bills.
14.3.4. REO Documents. Upon request, the Servicer shall send copies
to the Master Servicer and, where applicable, to the respective Primary Mortgage
Insurer and/or the respective Pool Insurer, of the following documents relating
to each REO:
(a) any forced placed Hazard Insurance policy or Flood Insurance
policy, if applicable;
(b) any maintenance contracts;
(c) any contractor bids relating to the rehabilitation of such REO
pursuant to Section 14.5.3 hereof;
(d) an updated Title Insurance policy which reflects the occurrence
of foreclosure; and
(e) plat map or house location survey, if already available.
Section 14.4 REO Marketing
14.4.1. REO Marketing Efforts. The Servicer shall begin efforts to
market a REO as soon as marketable title is acquired by the Trustee.
14.4.2. REO Sales. (a) The Servicer shall obtain the best market
price for a REO for the Trustee while disposing of such REO in a timely and
efficient manner. The Servicer, acting on behalf of the Trustee, shall dispose
or cooperate with the Trustee in disposing of such REO prior to the close of the
third calendar year following the year of its acquisition by the Trustee (the
"REO Disposition Period") or, if an extension has been obtained from the
Internal Revenue Service pursuant to Section 14.4.2(b), within such period. If
the Servicer is otherwise unable to sell such REO, the Servicer shall before the
end of the REO Disposition Period or, if an extension has been obtained from the
Internal Revenue Service pursuant to Section 14.4.2(b), before the end of such
period, following the acquisition of such REO, auction such REO to the highest
bidder in an auction reasonably designed to bring a fair price. The Servicer is
eligible to bid in such an auction.
(b) The Servicer may apply to the Internal Revenue Service, in the
manner contemplated by Code Section 856(e)(3), for an extension of the REO
Disposition Period with respect to an REO.
14.4.3. Primary Mortgage Insurance Considerations. The Servicer must
ensure that any action taken with respect to the sale of a REO does not
jeopardize the maximum benefits available under the related Primary Mortgage
Insurance Policy, if any, with respect to the related Mortgage Loan. The
Servicer must inform the related Primary Mortgage Insurer of any listing
agreements or purchase offers that are received before the related Primary
Mortgage Insurer has finalized the disposition of the claim.
14.4.4. Master Servicer Instructions. Where the Servicer receives
instructions from the Master Servicer regarding the marketing and sale of a REO,
either with respect to a specific property or generally, such instructions shall
govern the Servicer's actions, notwithstanding any provision herein.
14.4.5. Pool Insurance Considerations. The Servicer must ensure that
any action taken with respect to the sale of a REO does not jeopardize the
maximum benefits available under the related Pool Insurance Policy, if any, with
respect to the related Mortgage Loan. The Servicer must inform the related Pool
Insurer of any listing agreements or purchase offers that are received before
the Primary Mortgage Insurer has finalized the disposition of the claim.
Section 14.5 REO Rehabilitation
14.5.1. REO Rehabilitation Requirement. Unless the Master Servicer
shall otherwise direct, and subject to Section 3.2.2(ii) and Section 17.6.2, the
Servicer must ensure that any rehabilitation work (which shall not include the
cleaning of a recently acquired REO property) to any REO which is necessary to
restore such REO to a marketable condition is performed and that such work is
performed in a professional and workmanlike manner.
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