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1. Parties: Identifies the contracting parties - typically the mortgage originator/lender and the mortgage servicer
2. Background: Explains the context of the agreement, including the lender's desire to outsource mortgage servicing and the servicer's capabilities
3. Definitions and Interpretation: Defines key terms used throughout the agreement and establishes interpretation rules
4. Appointment and Scope of Services: Details the formal appointment of the servicer and outlines the comprehensive scope of mortgage servicing activities
5. Servicer's Obligations: Specifies the detailed responsibilities and duties of the mortgage servicer
6. Lender's Obligations: Outlines the responsibilities of the lender, including providing necessary information and support
7. Service Levels: Establishes performance metrics and service quality standards
8. Fees and Payment Terms: Details the fee structure, payment calculations, and payment procedures
9. Compliance Requirements: Addresses compliance with Indian banking laws, RBI guidelines, and other relevant regulations
10. Reporting and Documentation: Specifies required reports, documentation, and record-keeping obligations
11. Default Management: Procedures for handling borrower defaults and loan workouts
12. Data Protection and Confidentiality: Requirements for protecting borrower information and maintaining confidentiality
13. Term and Termination: Duration of the agreement and circumstances for termination
14. Liability and Indemnification: Allocation of risks and responsibilities between parties
15. Dispute Resolution: Procedures for resolving disputes between parties
16. General Provisions: Standard contractual provisions including notices, amendments, and governing law
1. Disaster Recovery and Business Continuity: Required when servicing involves critical systems or large loan portfolios, detailing backup and recovery procedures
2. Sub-contracting: Include when the servicer may need to engage sub-contractors for specific services
3. Insurance Requirements: Detailed insurance obligations when the servicer handles insurance-related aspects of mortgages
4. Transfer and Migration: Include when there's potential for servicing transfer to another provider
5. Special Loan Programs: Required when servicing includes government-sponsored or special mortgage programs
6. Collection and Enforcement Procedures: Detailed procedures section needed for servicers handling collections directly
1. Schedule 1 - Services Description: Detailed description of all servicing activities and responsibilities
2. Schedule 2 - Service Levels and KPIs: Specific performance metrics, targets, and measurement methods
3. Schedule 3 - Fee Schedule: Detailed breakdown of all fees, charges, and payment calculations
4. Schedule 4 - Required Reports: List and formats of all required regulatory and operational reports
5. Schedule 5 - Compliance Requirements: Specific regulatory and compliance obligations under Indian law
6. Schedule 6 - Systems and Technology Requirements: Technical specifications for servicing systems and interfaces
7. Appendix A - Form of Reports: Templates for required reports and documentation
8. Appendix B - Contact Details: Key contacts and escalation matrix for both parties
9. Appendix C - Power of Attorney: If required, format of power of attorney for servicing activities
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