A partial interest in an insured mortgage may be transferred under a participation agreement without obtaining the approval of the Commissioner, if the following conditions are met:
(a) Principal mortgagee. The insured mortgage shall be held by an approved mortgagee which, for the purposes of this section, shall be referred to as the principal mortgagee.
(b) Interest of principal mortgagee. The principal mortgagee shall retain and hold for its own account a financial interest in the insured mortgage.
(c) Qualification for holding partial interest. A partial interest in an insured mortgage shall be issued to and held only by:
(1) A mortgagee approved by the Commissioner; or
(2) A corporation, trust or organization (including, but not limited to any pension fund, pension trust, or profit-sharing plan) which certifies to the principal mortgagee that:
(i) It has assets of $100,000 or more; and
(ii) It has lawful authority to acquire a partial interest in an insured mortgage.
(d) Participation agreement provisions. The participation agreement shall include provisions that:
(1) The principal mortgagee shall retain title to the mortgage and remain the mortgagee of record under the contract of mortgage insurance.
(2) The Commissioner shall have no obligation to recognize or deal with anyone other than the principal mortgagee with respect to the rights, benefits and obligations of the mortgagee under the contract of insurance.
(3) The mortgage documents shall remain in the custody of the principal mortgagee.
(4) The responsibility for servicing the insured mortgages shall remain with the principal mortgagee.
Title 24 published on 2012-04-01
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