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Countrywide RMBS Settlement


www.cwrmbssettlement.com

http://www.cwrmbssettlement.com/trust.php

Welcome To The Countrywide RMBS Settlement Website


This website (http://www.cwrmbssettlement.com) has been established to provide public access to information of interest to holders of Certificates or Notes in 530 Countrywide mortgagesecuritization trusts governed by Pooling and Servicing Agreements and Indentures and related Sales and Servicing Agreements (collectively, the "Governing Agreements"), and to other persons potentially interested in the trusts. A settlement has been reached between The Bank of New York Mellon, as trustee or indenture trustee, (the "Trustee"), on the one hand, and Countrywide Home Loans, Inc. ("CHL"), Countrywide Financial Corporation (together with CHL, "Countrywide"), Bank of America Corporation ("BAC"), and BAC Home Loans Servicing, LP, formerly known as Countrywide Home Loans Servicing, LP ("BAC HLS," and together with BAC, "Bank of America"), on the other, concerning CHL's alleged breaches of certain representations and warranties in the Governing Agreements, and BAC HLS's alleged violations of prudent servicing obligations thereunder (the "Settlement"). The Settlement requires Bank of America and/or Countrywide to pay a total of US$8,500,000,000.00 (US$8.5 billion) into the trusts (the "Settlement Amount"). It also requires BAC HLS to implement, among other things, a series of loan servicing procedures and improvements. The Trustee has filed a Verified Petition and commenced a special proceeding, In the matter of the application of The Bank of New York Mellon (Index No. 651786/2011), in the Supreme Court of the State of New York, County of New York (the "Court") seeking a judgment, among other things, approving the Settlement and ordering that the Settlement is binding on all trust beneficiaries. The Court commenced a hearing on the Verified Petition on June 3, 2013 at the Supreme Court of the State of New York, County of New York, 60 Centre Street, New York, New York 10007.

That hearing remains ongoing. At the hearing, the Court will determine, among other things, whether to approve the Settlement and make it binding on all Certificateholders, and will consider other important matters described in the Settlement Agreement. The Settlement, if approved by the Court, will affect the rights and interests of all Certificateholders, and their successors-in-interests and assigns, in the Trusts, including by, among other things, releasing claims on behalf of the Trustee, the Trusts and all Certificateholders in the Trusts and their successors-in-interests and assigns arising out of or relating to (i) the origination, sale, or delivery of mortgages to the Trusts, including representations and warranties made with respect to those mortgages and any mortgage repurchase obligations, (ii) servicing of the mortgages in the Trusts, with certain exceptions, and (iii) documentation of the mortgages in the Trusts, with certain exceptions. (See the Settlement Agreement for a complete description of the releases provided for therein.) The Verified Petition, any papers filed in support of the Verified Petition, and any other relevant information are available on this website. You can also obtain any documents filed with the Court by visiting the Court's website: http://iapps.courts.state.ny.us/iscroll

FILED: NEW YORK COUNTY CLERK 05/02/2012


INDEX NO. 651786/2011 NYSCEF DOC. NO. 301 RECEIVED NYSCEF: 05/02/2012

2 Affirmation in connection with the Memorandum of Non-Parties Bank of America and Countrywide in Opposition to Objectors Motion to Compel Production of Loan Files. A. The Loan File Request 2. On November 18, 2011, while this action was in federal court, the attorneys for several of the objectors in this proceeding (the Propounding Objectors)
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served on Bank of America a subpoena (the Subpoena), a true and correct copy of which is attached hereto as Exhibit 1. The Subpoena requested, inter alia : A random sample of 500 loan files for performing loans and 500 loan files for non-performing loans in each of the Covered Trusts. For purposes of this request, the term loan files means (i) the complete loan originator, servicer, and master servicer file, including but not limited to origination credit reports, underwriting work sheets, underwriting exceptions granted, appraisal or valuation results, title commitment and policy, AUS findings, loan approval, loan application (Form 1008 and all supporting documents), mortgage note, mortgage or deed of trust, mortgage insurance certificate, HUD1, etc.; (ii) applicable underwriting guidelines; (iii) closing loan tapes and mortgage loan schedules; (iv) evidence of all conveyances and assignments; (v) all loan servicing records, including without limitation, call notes, foreclosure files and communications, loss mitigation files;

(vi) all mortgage insurance rescission-related documents; (vii) all records concerning repurchase analysis, demands, investigations, communications; and (viii) servicing guidelines and procedures. For the purposes of this request, a performing loan is a mortgage loan where the borrower is less than 60 days delinquent in his or her payments, or not delinquent at all; a non-performing loan is a mortgage loan where the borrower is at least 60 days delinquent in his or her payments. (the Loan File Request). Ex. 1 at Request No. 8. This request calls for information relating to 530,000 loans, or approximately one third of the approximately 1.6 million loans held by the covered trusts.

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