A partial interest in an insured loan 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 loan shall be held by an approved lender which, for the purposes of this section, shall be referred to as the principal lender.
(b) Interest of principal lender. The principal lender shall retain and hold for its own account a financial interest in the insured loan.
(c) Qualification for holding partial interest. A partial interest in an insured loan shall be issued to and held only by:
(1) A lender 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 lender that:
(i) It has assets of $100,000 or more; and
(ii) It has lawful authority to acquire a partial interest in an insured loan.
(d) Participation agreement provisions. The participation agreement shall include provisions that:
(1) The principal lender shall retain title to the loan and remain the lender of record under the contract of loan insurance.
(2) The Commissioner shall have no obligation to recognize or deal with anyone other than the principal lender with respect to the rights, benefits, and obligations of the lender under the contract of insurance.
(3) The loan documents shall remain in the custody of the principal lender.
(4) The responsibility for servicing the insured loans shall remain with the principal lender.
Title 24 published on 2012-04-01
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