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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
Banking
Financial Services
Real Estate
Housing Finance
Mortgage Industry
FinTech
Debt Services
Asset Management
Legal
Compliance
Operations
Risk Management
Finance
Information Technology
Customer Service
Collections and Recovery
Portfolio Management
Business Development
Audit
Data Protection
Chief Operations Officer
Head of Mortgage Services
Compliance Officer
Legal Counsel
Risk Manager
Operations Manager
Portfolio Manager
Collections Manager
Default Services Manager
Relationship Manager
Contract Manager
Financial Controller
Chief Financial Officer
Chief Technology Officer
Data Protection Officer
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