Code of Massachusetts Regulations
761 CMR - MASSACHUSETTS HOME MORTGAGE FINANCE AGENCY
Title 761 CMR 21.00 - Seller's Guide
DELIVERY OF MORTGAGE LOANS AND PURCHASE OF LOAN PARTICIPATIONS
Section 21.70 - Possession of Loan File
Current through Register 1531, September 27, 2024
Seller shall prepare and Servicer shall maintain the entire Loan File (See 761 CMR 22.04) which must contain originals or photocopies of all documents delivered to MHMFA and such other documents as are customarily maintained in loan files by prudent lenders, investors, and loan servicers including:
(a) Borrower's loan application;
(b) Seller's commitment to borrower;
(c) Factual Data Credit Report;
(d) Income verification;
(e) Appraisal report including one clear photograph of property;
(f) Sales contract and/or schedule of repairs and improvements including specifications and costs;
(g) The mortgage note evidencing the Mortgage Loan with the MHMFA Loan Participation clearly indicated;
(h) Duly executed and properly recorded mortgage;
(i) Title insurance policy or attorney's title opinion;
(j) Hazard Insurance Certificate;
(k) Private Mortgage Insurance Certification (if applicable);
(l) MHMFA Rent Agreement (if applicable);
(m) VA Loan Guaranty or FHA Mortgage Insurance Certification (if applicable);
(n) Borrower's Affidavit of Intent to Occupy the premises as principal residence;
(o) Such other documents as prudent lenders, investors, and loan servicers customarily require.
Loan Files for Mortgage Loans in which Loan Participations are sold to MHMFA shall be kept distinct from non-MHMFA loan files by labeling all such Loan Files so as to clearly identify MHMFA's Loan Participation. The Seller's (or Servicer's) records and books of account shall at all times reflect MHMFA's interest in the Loan Participations and MHMFA shall have access to the Mortgage Loan and books and records pertaining to its Loan Participation at all reasonable times.
