Servicers may generally advance interest payments to a mortgage pool when a mortgage goes delinquent.
Resolved true The record shows it happened or was so.
Factual: Statements about the present or the past, checked against the record: did they hold up?
Said for an organisation they lead or work for; it counts on both records.
What would count as true or false
Judge as of 2006-11. True: standard private-label RMBS/securitization pooling and servicing agreements and industry descriptions from that era show servicers generally may (or must, subject to recoverability) advance delinquent principal and interest to the trust/pool. Mostly true: the practice is standard but usually covers principal and interest together, or is framed as an obligation limited by recoverability rather than discretionary 'may'. Mixed: advancing was common in some segments but not generally. Mostly false: advancing was rare or exceptional. False: servicers generally did not or could not advance delinquent interest to pools.
Set before the research began.
Evidence (4)
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E1 m433_ABSC OOMC 2006-HE3 PSA - SEC.gov U.S. Securities and Exchange Commission (EDGAR filing by Asset Backed Securities Corporation) · 5 February 2006
“The obligation of the Servicer to make such P&I Advances is mandatory, notwithstanding any other provision of this Agreement but subject to Section 4.03(d) below”
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E2 HEAT 2006-4 Pooling and Servicing (PSA) Agreement U.S. Securities and Exchange Commission (EDGAR filing by Credit Suisse First Boston Mortgage Securities Corp.) · 15 May 2006
“Each Servicer shall deposit in the related Collection Account at the time described below an amount equal to with respect to the Mortgage Loans, all Scheduled Payments (with interest at the Mortgage Rate less the Servicing Fee Rate) which were due on the related Mortgage Loans during the applicable Collection Period”
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E3 Prospectus Supplement U.S. Securities and Exchange Commission (EDGAR filing by J.P. Morgan Acceptance Corporation I) · 26 October 2006
“Under the pooling agreement, the servicer will generally make cash advances to cover delinquent payments of principal and interest to the extent it reasonably believes that the cash advances are recoverable from future payments or recoveries on the mortgage loans.”
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E4 www.sec.gov › 000116231806000988 › csmc20066psaCSMC 2006-6 PSA - SEC.gov U.S. Securities and Exchange Commission (EDGAR filing by Credit Suisse First Boston Mortgage Securities Corp.) · 14 July 2006
“With respect to the Non-Designated Mortgage Loans, each Servicer shall deposit in the related Collection Account as Advances, an amount equal to all Scheduled Payments (with interest at the Mortgage Rate less the related Servicing Fee Rate) which were due on such Non-Designated Mortgage Loans serviced by it during the applicable Collection Period”
Reasoning
Several 2006 SEC-filed pooling and servicing agreements say servicers advance delinquent scheduled payments to the trust. E1 says the servicer's principal-and-interest (P&I) advance obligation is "mandatory", subject to a carve-out. E2 requires servicers to deposit scheduled payments with interest into the collection account, and E4 requires such deposits as Advances. E3, a prospectus from October 2006, states that the servicer "will generally make cash advances to cover delinquent payments of principal and interest" to the extent it believes they are recoverable. This matches the criteria's definition of true: servicers generally may, or must subject to recoverability, advance delinquent principal and interest to the pool.
Cite this claim
Michael Burry, “Servicers may generally advance interest payments to a mortgage pool when a mortgage goes delinquent.” (said November 2006). Verdict: resolved true. Reliability API, claim c_db6f8a69958d, method 0.1.0+c876030c, dataset release v1.1.2. https://epistacklabs.com/claims/c_db6f8a69958d
This claim is in dataset release v1.1.2, with the same verdict.
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Verdicts are made automatically; how verdicts are made.