The Home Loan Purchase Agreement is used when financial institutions want to transfer residential mortgage portfolios, whether for regulatory capital management, portfolio optimization, or strategic purposes. It's particularly relevant in the English and Welsh jurisdiction where specific regulatory requirements must be met, including FCA regulations and consumer protection laws. The agreement typically includes detailed provisions about the loan quality, servicing arrangements, and borrower protections, ensuring compliance with UK financial services legislation.
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1. Parties: Identification of buyer and seller of the home loan
2. Background: Context of the transaction and existing loan arrangements
3. Definitions: Key terms used throughout the agreement
4. Purchase Price and Payment Terms: Details of consideration and payment mechanism
5. Assignment Provisions: Terms of transfer of the loan from seller to buyer
6. Representations and Warranties: Statements about the loan quality and compliance
7. Completion Requirements: Conditions precedent and completion mechanics
1. Post-Completion Obligations: Ongoing obligations after transfer, used when servicing arrangements continue
2. Data Protection Provisions: Specific data handling requirements for personal data transfer
3. Transitional Services: Temporary service arrangements needed post-transfer
1. Schedule 1 - Loan Details: Detailed information about each loan being purchased
2. Schedule 2 - Form of Transfer: Legal transfer documentation
3. Schedule 3 - Warranties: Detailed warranties about the loans
4. Schedule 4 - Property Details: Information about the underlying properties
5. Schedule 5 - Completion Requirements: Detailed completion checklist and requirements
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