Freddie Mac Single-Family Seller/Servicer Guide 6201.6 — Guarantor and MultiLender Swap program disclosure and indemnification
Freddie Mac Single-Family Seller/Servicer Guide section 6201.6 — Guarantor and MultiLender Swap program disclosure and indemnification. Full verbatim section text, substring-verified against snapshot 5869ee9e606cd4ae.
Verbatim regulatory text
Verbatim provisions from Freddie Mac Single-Family Seller/Servicer Guide 6201.6 — Guarantor and MultiLender Swap program disclosure and indemnification — each quote is a verified substring of the regulator-published source snapshot, not retyped. Quoted for reference; this is not legal advice. The operational layer (P&P updates, prompts) lives in the regulation update kits.
Freddie Mac Single-Family Seller/Servicer Guide 6201.6 — Guarantor and MultiLender Swap program disclosure and indemnification
4 sections · 9,779 characters of verbatim text. Open a section to read it, or . Every section below is in the page source whether open or closed.
§This section contains requirements related to: ■ Disclosure…214 ch
This section contains requirements related to: ■ Disclosure requirements for UMBS®, MBS and ARM PCs ■ Indemnification for liability relating to Seller’s sale of UMBS, MBS or ARM PCs ■ UMBS, MBS and ARM PC delivery
aDisclosure requirements for UMBS, MBS and ARM PCs (i) Disclosure…6,355 ch
(a) Disclosure requirements for UMBS, MBS and ARM PCs (i) Disclosure for UMBS, MBS and ARM PCs formed under the Guarantor program For each Pool formed under the Guarantor program, Freddie Mac will provide a Pool Supplement on its website (https://capitalmarkets.freddiemac.com/mbs) and via a link in Loan Selling Advisor® to Form 15 (Form 15A for UMBS and MBS, Form 15C for WAC ARM PCs) that contains information about the Mortgages in the Pool as of the Settlement Date. The Seller may also obtain a copy of the Pool Supplement by contacting Investor Inquiry at (800) 336-3672. In preparing the Pool Supplement, Freddie Mac relies upon the accuracy and completeness of the Mortgage and Servicing information provided by the Seller. If the information in the Pool Supplement is inaccurate or incomplete, the Seller must immediately inform Freddie Mac and provide Freddie Mac with any corrections necessary. Neither the Seller nor any affiliate of the Seller (as affiliate is defined in Rule 405, 17 CFR SEC 230.405, promulgated under the Securities Act of 1933) may make any use of the Pool Supplement if any information contained therein is inaccurate or incomplete. In addition to a Pool Supplement, Freddie Mac makes available on its website and from information vendors information about the Mortgages in the Pool that is updated on a monthly basis. Current information about information vendors may be obtained by contacting Freddie Mac (see Directory 1). (ii) Disclosure for UMBS and MBS formed under the MultiLender Swap program For each Pool formed under the MultiLender Swap program, Freddie Mac will make available on its website (https://capitalmarkets.freddiemac.com/mbs) and via a link in Loan Selling Advisor to Form 15 a Pool Supplement containing information about the Mortgages in the Pool as of the Settlement Date. The Pool Supplement is available on the first Business Day following the Securities Industry and Financial Markets Association’s Class D monthly securities settlement date. The Seller may also obtain a copy of the Pool Supplement by contacting Investor Inquiry at (800) 336-3672. In preparing the Pool Supplement, Freddie Mac relies upon the accuracy and completeness of the Mortgage and Servicing information provided by the Seller. If the information about the Mortgages sold under the MultiLender Swap program is inaccurate or incomplete, the Seller must immediately inform Freddie Mac and provide Freddie Mac with any corrections necessary. Neither the Seller nor any affiliate of the Seller (as affiliate is defined in Rule 405, 17 CFR SEC 230.405, promulgated under the Securities Act of 1933) may make any use of the Pool Supplement if any information contained therein is inaccurate or incomplete. In addition to a Pool Supplement, Freddie Mac makes available on its website and from information vendors information about the Mortgages in the Pool that is updated on a monthly basis. Current information about information vendors may be obtained by contacting Freddie Mac (see Directory 1). (iii)Seller’s disclosure obligations The Seller’s offer and sale of UMBS, MBS and ARM PCs must comply with all applicable federal securities laws and Freddie Mac requirements. If the Seller or an affiliate of the Seller offers for sale or sells any such security, the Seller must deliver to each person to whom the offer or sale is made, not later than the time a contract of sale is executed, all of the following: ■ A copy of the most recent UMBS/MBS Offering Circular or ARM PC Offering Circular, as applicable, including any supplements in effect at the time of the related offer or sale, ■ Any applicable Pool Supplement, and ■ Any Additional Supplement required by applicable federal securities laws or by Section 6201.6(a)(iv) If securities are sold to investment bankers, brokers, dealers or other entities for distribution, the Seller must assure that these entities will send or deliver such documents to investors before or with the confirmation of sale. (iv) Seller’s obligations for Additional Supplements In connection with the sale of Mortgages to Freddie Mac, the Seller must inform Freddie Mac in writing if any related offering materials, including the UMBS/MBS Offering Circular or ARM PC Offering Circular: ■ Contain an untrue statement of a material fact, or ■ Fail to state a material fact necessary to make the statements therein, in light of the circumstances under which they were made, not misleading Such information may obligate the Seller to prepare an Additional Supplement for the Pool. (The Seller will provide such information in the Additional Supplement and only such information as is agreed between the Seller and Freddie Mac.) (v) Other information provided by the Seller The information provided in the Pool Supplement and any Additional Supplement is the only information about a UMBS, MBS or ARM PC that the Seller can disclose to the public. In no event may the Seller make available to any third party information regarding principal paydowns on the Mortgages or pool factors, except as have been made available to the public by Freddie Mac. To make available to any third party any other information with respect to the Mortgages that is not made publicly available by Freddie Mac, the Seller must first obtain Freddie Mac’s consent by contacting Investor Inquiry at (800) 336-3672. After obtaining Freddie Mac’s consent, the Seller must provide such information to the third party in writing, and the information must include, on the first page in distinguishing typeface, a statement that the information has been prepared by the Seller and that Freddie Mac is not responsible for the accuracy or completeness of the information. Within one Business Day after the writing is first made available by the Seller to any third party, the Seller must provide a copy of it to Freddie Mac, together with the date the writing was first made available and the Seller’s name, address and telephone number, at the following address: FREDDIE MAC 1551 PARK RUN DRIVE ATTN OFFICE OF THE REGISTRAR MCLEAN, VA 22102 The information received from the Seller may be made available by Freddie Mac to any person upon request. (vi) Additional disclosure requirements Seller/Servicers will also find additional information about Freddie Mac’s UMBS, MBS and WAC ARM PC disclosure in Section 6202.2.
bIndemnification for liability relating to Seller’s sale of UMBS,…1,600 ch
(b) Indemnification for liability relating to Seller’s sale of UMBS, MBS or ARM PCs The Seller must indemnify and hold Freddie Mac, its directors, officers, employees, successors, assigns and fiscal and transfer agents harmless from and against any and all losses, damages, claims, demands, actions, suits or liabilities, joint or several, to which Freddie Mac may become subject and shall reimburse Freddie Mac for any legal or other expenses reasonably incurred by Freddie Mac in connection with investigating or defending any such loss, damage, claim, demand, suit, liability or action in respect thereof, insofar as such losses, claims, damages, demands, suits, liabilities or actions arise out of or are based upon: ■ Any untrue statement or alleged untrue statement of a material fact made or contained in any offering materials (other than the applicable UMBS/MBS Offering Circular or ARM PC Offering Circular) used by the Seller or its underwriters or agents in connection with any public or private offering or sale of any UMBS, MBS or ARM PCs, or ■ Any omission or alleged omission to state therein a material fact required to be stated therein or necessary to make the statements therein, in light of the circumstances under which they were made, not misleading, or ■ Any other act or failure to act by the Seller or its underwriters or agents in connection with any such sale or offering, including without limitation, a breach of any of the terms or conditions contained in Section 6201.6(a) or a breach of any warranty or representation made by the Seller pursuant to Section 6201.6(a)
cUMBS, MBS and ARM PC delivery Subject to the provisions of this…1,610 ch
(c) UMBS, MBS and ARM PC delivery Subject to the provisions of this Section 6201.6(c), Freddie Mac will deposit the UMBS, MBS and ARM PCs in accordance with the instructions the Seller specifies on the applicable screens in Loan Selling Advisor. With respect to Mortgages sold under the Guarantor and MultiLender Swap programs, the Seller must complete all applicable delivery information and indicate the depository institutions and beneficiaries in whose accounts the UMBS, MBS or ARM PCs issued in Book-Entry Form must be deposited. The Seller is responsible for assigning and managing its wire instructions for Mortgages sold under the Guarantor and MultiLender Swap programs. For information regarding security wire instructions, see Sections 6203.3(c), 6204.3(c) and 6205.3(c). For all Mortgages sold to Freddie Mac under the Guarantor and MultiLender Swap programs, the Seller agrees to indemnify and hold harmless Freddie Mac, its successors, assigns, fiscal and transfer agents, from and against any and all claims, damages, liabilities, losses, demands, actions, suits, costs and expenses, joint and several, of every nature and character as the same may arise or be made against or be incurred by any of them, as a result of their deposit of any UMBS, MBS or ARM PC to any account, if such security is deposited in accordance with the Seller’s security wire instructions, as entered on the applicable screens in Loan Selling Advisor. With respect to the delivery instructions provided by the Seller, all UMBS, MBS or ARM PCs will be deposited in the accounts of the beneficiaries in Book-Entry Form.
Operationalizing Freddie Mac Single-Family Seller/Servicer Guide 6201.6 — Guarantor and MultiLender Swap program disclosure and indemnification
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