The New Mexico Pooling and Servicing Agreement (PSA) is a legal document that outlines the terms and conditions for the sale and servicing of mortgage loans by a company to a trustee for inclusion in a trust fund. This agreement is an important component of the securitization process, wherein mortgage loans are bundled together and sold as mortgage-backed securities (MBS) to investors. The PSA defines the responsibilities and rights of both the company (originator/seller) and the trustee. It covers various aspects, such as loan origination, loan transfers, loan servicing, and the distribution of cash flows generated by the mortgage loans. The agreement typically includes the following key elements: 1. Mortgage Loan Sale: The PSA specifies the terms under which the originator/seller transfers the mortgage loans to the trustee. This includes details regarding loan balance, interest rate, maturity date, borrower information, and other relevant loan characteristics. 2. Pooling of Mortgage Loans: The PSA outlines the criteria for pooling the mortgage loans into a single trust fund. It may define certain eligibility requirements, such as loan type (fixed-rate, adjustable-rate, etc.), minimum credit score, loan-to-value ratios, geographic location, or other factors. 3. Trustee's Role and Duties: The agreement describes the role of the trustee, who serves as a fiduciary for the investors and manages the trust fund. The trustee ensures compliance with the terms of the PSA, collects mortgage payments, distributes cash flows to investors, and handles default and foreclosure proceedings. 4. Loan Servicing: The PSA outlines the obligations of the company to service the mortgage loans or appoint a separate service. It may highlight requirements related to escrow management, borrower communication, delinquency management, and the handling of insurance and tax payments. 5. Cash Flow Distribution: The agreement specifies the priority and frequency of cash flow distributions from the trust fund. It outlines the waterfall structure, detailing how principal and interest payments are allocated to various tranches (classes) of MBS holders, prioritizing senior tranches over subordinate tranches. Different names of New Mexico Pooling and Servicing Agreements contemplating the sale of mortgage loans to Trustee for inclusion in the Trust Fund by the company may vary depending on the specific entity or institution involved. These agreements might be referred to as Trust Indentures, Asset-Backed Security Agreements, or Mortgage Loan Purchase Agreements, among others. Each agreement will have its own unique terms and conditions, tailored to the requirements of the parties involved and the specific securities being offered.