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SEC Filings

10-K
DITECH HOLDING CORP filed this Form 10-K on 04/16/2019
Entire Document
 


(j)    No Condemnation. Except as otherwise disclosed to Agent in writing, there is no proceeding pending, or to Seller’s knowledge, threatened, for the total or partial condemnation of such REO Property.
(k)    No Hazardous Materials. To Seller’s knowledge, there is no condition affecting such REO Property (x) relating to lead paint, radon, asbestos or other hazardous materials, (y) requiring remediation of any condition or (z) relating to a claim which could impose liability upon, diminish rights of or otherwise adversely affect the REO Subsidiary’s interest in such REO Property.
(l)    Location and Type of REO Property. Unless otherwise agreed in writing by Agent, such REO Property is located in the U.S. or a territory of the U.S. and consists of a one- to four-unit residential property, which may include, but is not limited to, a single-family dwelling, townhouse, condominium unit, or unit in a planned unit development.
(m)    No Fraudulent Acts. No fraudulent acts were committed by Seller or the REO Subsidiary in connection with the acquisition of such REO Property.
(n)    Acquisition of REO Property. With respect to such REO Property, (i) such REO Property is a Mortgaged Property acquired by the REO Subsidiary through foreclosure or by deed in lieu of foreclosure or otherwise, which was, prior to such foreclosure or deed in lieu of foreclosure, subject to the lien of a Mortgage Loan, and (ii) upon the consummation of the related Transaction, the applicable Custodian shall have received the related REO Property File and such REO Property File shall not have been released from the possession of the applicable Custodian for longer than the time periods permitted under the Custodial Agreement.
(o)    No Occupants. Except as otherwise disclosed in writing to Agent, no tenant or other party has any right to occupy or is currently occupying such REO Property. Other than with respect to an REO Property as to which the redemption period has not yet expired or the eviction process has not yet been completed, no holdover borrower has any right to occupy or is currently occupying such REO Property.
(p)    Title Policy. From and after the date that is one (1) Business Day following the conversion of the related Mortgage Loan to such REO Property or other acquisition of such REO Property by the REO Subsidiary, such REO Property has at all times been insured by either an American Land Title Association (“ALTA”) title insurance policy or other generally acceptable form of policy of title insurance acceptable to prudent mortgage lending institutions in the area where the related REO Property is located, issued by a title insurer acceptable to prudent mortgage lenders. With respect to any such REO Property, the REO Subsidiary or its Nominee is the sole insured of such policy, and such policy is in full force and effect and will be in full force and effect and inure to the benefit of the REO Subsidiary and its successors. To the Seller’s knowledge, no claims have been made under such policy and no prior holder of such REO Property, including the

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