Sequoia Mortgage Trust 2011-2 - FORM 10-K - EX-33.4 - March 30, 2015

Attached files

file filename
10-K - FORM 10-K - Sequoia Mortgage Trust 2011-2d891415d10k.htm
EX-33.3 - EX-33.3 - Sequoia Mortgage Trust 2011-2d891415dex333.htm
EX-31 - EX-31 - Sequoia Mortgage Trust 2011-2d891415dex31.htm
EX-33.1 - EX-33.1 - Sequoia Mortgage Trust 2011-2d891415dex331.htm
EX-33.2 - EX-33.2 - Sequoia Mortgage Trust 2011-2d891415dex332.htm
EX-34.2 - EX-34.2 - Sequoia Mortgage Trust 2011-2d891415dex342.htm
EX-33.8 - EX-33.8 - Sequoia Mortgage Trust 2011-2d891415dex338.htm
EX-33.7 - EX-33.7 - Sequoia Mortgage Trust 2011-2d891415dex337.htm
EX-33.9 - EX-33.9 - Sequoia Mortgage Trust 2011-2d891415dex339.htm
EX-34.9 - EX-34.9 - Sequoia Mortgage Trust 2011-2d891415dex349.htm
EX-35.2 - EX-35.2 - Sequoia Mortgage Trust 2011-2d891415dex352.htm
EX-33.11 - EX-33.11 - Sequoia Mortgage Trust 2011-2d891415dex3311.htm
EX-34.10 - EX-34.10 - Sequoia Mortgage Trust 2011-2d891415dex3410.htm
EX-35.6 - EX-35.6 - Sequoia Mortgage Trust 2011-2d891415dex356.htm
EX-34.4 - EX-34.4 - Sequoia Mortgage Trust 2011-2d891415dex344.htm
EX-33.5 - EX-33.5 - Sequoia Mortgage Trust 2011-2d891415dex335.htm
EX-33.6 - EX-33.6 - Sequoia Mortgage Trust 2011-2d891415dex336.htm
EX-34.1 - EX-34.1 - Sequoia Mortgage Trust 2011-2d891415dex341.htm
EX-35.3 - EX-35.3 - Sequoia Mortgage Trust 2011-2d891415dex353.htm
EX-35.8 - EX-35.8 - Sequoia Mortgage Trust 2011-2d891415dex358.htm
EX-35.1 - EX-35.1 - Sequoia Mortgage Trust 2011-2d891415dex351.htm
EX-34.3 - EX-34.3 - Sequoia Mortgage Trust 2011-2d891415dex343.htm
EX-34.5 - EX-34.5 - Sequoia Mortgage Trust 2011-2d891415dex345.htm
EX-34.8 - EX-34.8 - Sequoia Mortgage Trust 2011-2d891415dex348.htm
EX-34.6 - EX-34.6 - Sequoia Mortgage Trust 2011-2d891415dex346.htm
EX-34.7 - EX-34.7 - Sequoia Mortgage Trust 2011-2d891415dex347.htm
EX-35.9 - EX-35.9 - Sequoia Mortgage Trust 2011-2d891415dex359.htm
EX-35.4 - EX-35.4 - Sequoia Mortgage Trust 2011-2d891415dex354.htm
EX-35.7 - EX-35.7 - Sequoia Mortgage Trust 2011-2d891415dex357.htm
EX-35.5 - EX-35.5 - Sequoia Mortgage Trust 2011-2d891415dex355.htm
EX-33.10 - EX-33.10 - Sequoia Mortgage Trust 2011-2d891415dex3310.htm

Exhibit 33.4

[SunTrust Logo]

Certification Regarding Compliance with Applicable Servicing Criteria

 

1. SunTrust Mortgage, Inc. is responsible for assessing compliance with the servicing criteria applicable to it under paragraph (d) of Item 1122 of Regulation AB, as of and for the 12-month period ending December 31, 2014 (the “Reporting Period”), as set forth in Appendix A hereto. The transactions covered by this report include asset-backed securities transactions for which SunTrust Mortgage, Inc. acted as servicer, involving residential mortgage loans occurring after December 31, 2005 (the “Platform”) as listed in Appendix B;

 

2. SunTrust Mortgage, Inc. has engaged certain vendors, which are not deemed to be servicers as defined in Item 1101(j) of Regulation AB (the “Vendors”), to perform specific, limited or scripted activities, and SunTrust Mortgage, Inc. elects to take responsibility for assessing compliance with the servicing criteria or portion of the servicing criteria applicable to such Vendors’ activities as set forth in Appendix A hereto;

 

3. Except as set forth in paragraph 4 below. SunTrust Mortgage, Inc. used the criteria set forth in paragraph (d) of Item 1122 of Regulation AB to assess the compliance with the applicable servicing criteria;

 

4. The criteria listed in the column titled “Inapplicable Servicing Criteria” on Appendix A hereto are inapplicable to SunTrust Mortgage, Inc. based on the activities it performs, directly or through its Vendors, with respect to the Platform;

 

5. Except as set forth on Appendix C, SunTrust Mortgage, Inc. has complied, in all material respects, with the applicable servicing criteria as of December 31, 2014, and for the Reporting Period with respect to the Platform taken as a whole;

 

6. SunTrust Mortgage, Inc. has not identified and is not aware of any material instance of noncompliance by the Vendors with the applicable servicing criteria as of December 31, 2014, and for the Reporting Period with respect to the Platform taken as a whole;

 

7. Except as set forth on Appendix C, SunTrust Mortgage, Inc. has identified no material deficiency in its policies and procedures to monitor the compliance by the Vendors with the applicable servicing criteria as of December 31, 2014, and for the Reporting Period with respect to the Platform taken as a whole; and

 

8. Ernst and Young LLP, a registered public accounting firm, has issued an attestation report on SunTrust Mortgage, Inc.’s assessment of compliance with the applicable servicing criteria for the Reporting Period.

 

SunTrust Mortgage, Inc. SunTrust Mortgage, Inc.
/s/ Michael Squillante /s/ Jane Gershman
Michael Squillante Jane Gershman
Executive Vice President, Senior Vice President,
Executive Mortgage Servicing & Default Servicing & Default Division
Dated: February 27, 2015 Dated: February 27, 2015

Appendix A

 

SERVICING CRITERIA

   APPLICABLE
SERVICING CRITERIA		   INAPPLICABLE
SERVICING CRITERIA

Reference

  

Criteria

   Performed
Directly
by
SunTrust
Mortgage,
Inc.		   Performed
by
Vendor(s)
for which
SunTrust
Mortgage,
Inc. is the
Responsible
Party		   Performed by
sub servicer(s)
or vendor(s) for
which SunTrust
Mortgage, Inc.
is NOT the
Responsible
Party		   NOT performed
by
SunTrust
Mortgage, Inc.
or by sub
servicer(s) or
vendor(s)
retained by
SunTrust
Mortgage, Inc.
  General Servicing Considerations        
1122(d)(1)(i)   Policies and procedures are instituted to monitor any performance or other triggers and events of default in accordance with the transaction agreements.   ü      
1122(d)(1)(ii)   If any material servicing activities are outsourced to third parties, policies and procedures are instituted to monitor the third party’s performance and compliance with such servicing activities.   ü      
1122(d)(1)(iii)   Any requirements in the transaction agreements to maintain a back-up servicer for the pool assets are maintained.         ü
1122(d)(1)(iv)   A fidelity bond and errors and omissions policy is in effect on the party participating in the servicing function throughout the reporting period in the amount of coverage required by and otherwise in accordance with the terms of the transaction agreements.   ü      
  Cash Collection and Administration        
1122(d)(2)(i)   Payments on pool assets are deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days following receipt, or such other number of days specified in the transaction agreements.   ü   ü1   ü2  
1122(d)(2)(ii)   Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by authorized personnel.   ü      
1122(d)(2)(iii)   Advances of funds or guarantees regarding collections, cash flows or distributions, and any interest or other fees charged for such advances, are made, reviewed and approved as specified in the transaction agreements.   ü      
1122(d)(2)(iv)   The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of overcollateralization, are separately maintained (e.g., with respect to commingling of cash) as set forth in the transaction agreements.   ü      

 

1  Vendors: Speedpay, Checkfree, and Western Union in aggregate are responsible for the payments component of this criterion at levels less than 5%.
2  SunTrust Bank is responsible for the lockbox payments component of this criterion.

SERVICING CRITERIA

   APPLICABLE
SERVICING CRITERIA		   INAPPLICABLE
SERVICING CRITERIA

Reference

  

Criteria

   Performed
Directly
by
SunTrust
Mortgage,
Inc.		   Performed
by
Vendor(s)
for which
SunTrust
Mortgage,
Inc. is the
Responsible
Party		   Performed by
sub servicer(s)
or vendor(s) for
which SunTrust
Mortgage, Inc.
is NOT the
Responsible
Party		   NOT performed
by
SunTrust
Mortgage, Inc.
or by sub
servicer(s) or
vendor(s)
retained by
SunTrust
Mortgage, Inc.
1122(d)(2)(v)   Each custodial account is maintained at a federally insured depository institution as set forth in the transaction agreements. For purposes of this criterion, “federally insured depository institution” with respect to a foreign financial institution means a foreign financial institution that meets the requirements of Rule 13k-1(b)(1) of the Securities Exchange Act.   ü      
1122(d)(2)(vi)   Unissued checks are safeguarded so as to prevent unauthorized access.   ü      
1122(d)(2)(vii)   Reconciliations are prepared on a monthly basis for all asset backed securities related bank accounts, including custodial accounts and related bank clearing accounts. These reconciliations are: (A) mathematically accurate; (B) prepared within 30 calendar days after the bank statement cutoff date, or such other number of days specified in the transaction agreements; (C) reviewed and approved by someone other than the person who prepared the reconciliation; and (D) contain explanations for reconciling items. These reconciling items are resolved within 90 calendar days of their original identification, or such other number of days specified in the transaction agreements.   ü      
  Investor Remittances and Reporting        
1122(d)(3)(i)   Reports to investors, including those to be filed with the Commission, are maintained in accordance with the transaction agreements and applicable Commission requirements. Specifically, such reports (A) are prepared in accordance with timeframes and other terms set forth in the transaction agreements; (B) provide information calculated in accordance with the terms specified in the transaction agreements; (C) are filed with the Commission as required by its rules and regulations; and (D) agree with investors’ or the trustee’s records as to the total unpaid principal balance and number of pool assets serviced by the Servicer.   ü3      
1122(d)(3)(ii)   Amounts due to investors are allocated and remitted in accordance with timeframes, distribution priority and other terms set forth in the transaction agreements.   ü3      

 

3 

For Purposes of assessing the servicing criteria listed in Items 1122(d)(3)(i)-(iv), SunTrust Mortgage has determined, consistent with the Securities and Exchange Commission C&DI, Section 200.06, that the “investor” for these purposes is the entity to which SunTrust Mortgage provides the related information (i.e., master servicer, trustee, etc.).

SERVICING CRITERIA

   APPLICABLE
SERVICING
CRITERIA		   INAPPLICABLE
SERVICING CRITERIA

Reference

  

Criteria

   Performed
Directly
by
SunTrust
Mortgage,
Inc.		   Performed
by
Vendor(s)
for which
SunTrust
Mortgage,
Inc. is the
Responsible
Party		   Performed by
sub servicer(s)
or vendor(s) for
which SunTrust
Mortgage, Inc.
is NOT the
Responsible
Party		   NOT performed
by
SunTrust
Mortgage, Inc.
or by sub
servicer(s) or
vendor(s)
retained by
SunTrust
Mortgage, Inc.
1122(d)(3)(iii)   Disbursements made to an investor are posted within two business days to the Servicer’s investor records, or such other number of days specified in the transaction agreements.   ü3      
1122(d)(3)(iv)   Amounts remitted to investors per the investor reports agree with cancelled checks, or other form of payment, or custodial bank statements.   ü3      
  Pool Asset Administration        
1122(d)(4)(i)   Collateral or security on pool assets is maintained as required by the transaction agreements or related mortgage loan documents.       ü4   ü
1122(d)(4)(ii)   Pool asset and related documents are safeguarded as required by the transaction agreements       ü4   ü
1122(d)(4)(iii)   Any additions, removals or substitutions to the asset pool are made, reviewed and approved in accordance with any conditions or requirements in the transaction agreements.   ü      
1122(d)(4)(iv)   Payments on pool assets, including any payoffs, made in accordance with the related pool asset documents are posted to the Servicer’s obligor records maintained no more than two business days after receipt, or such other number of days specified in the transaction agreements, and allocated to principal, interest or other items (e.g., escrow) in accordance with the related pool asset documents.   ü      
1122(d)(4)(v)   The Servicer’s records regarding the pool assets agree with the Servicer’s records with respect to an obligor’s unpaid principal balance.   ü      
1122(d)(4)(vi)   Changes with respect to the terms or status of an obligor’s pool assets (e.g., loan modifications or re-aging) are made reviewed and approved by authorized personnel in accordance with the transaction agreements and related pool asset documents.   ü      
1122(d)(4)(vii)   Loss mitigation or recovery actions (e.g., forbearance plans, modifications and deeds in lieu of foreclosure, foreclosures and repossessions, as applicable) are initiated, conducted and concluded in accordance with the timeframes or other requirements established by the transaction agreements.   ü      

 

4 

1122 (d)(4)(i), (ii) SunTrust Mortgage engages SunTrust Bank, its parent, to be custodian of certain mortgage loans

SERVICING CRITERIA

   APPLICABLE
SERVICING CRITERIA		   INAPPLICABLE
SERVICING CRITERIA

Reference

  

Criteria

   Performed
Directly
by
SunTrust
Mortgage,
Inc.		   Performed
by
Vendor(s)
for which
SunTrust
Mortgage,
Inc. is the
Responsible
Party		   Performed by
sub servicer(s)
or vendor(s) for
which SunTrust
Mortgage, Inc.
is NOT the
Responsible
Party		   NOT performed
by
SunTrust
Mortgage, Inc.
or by sub
servicer(s) or
vendor(s)
retained by
SunTrust
Mortgage, Inc.
1122(d)(4)(viii)   Records documenting collection efforts are maintained during the period a pool asset is delinquent in accordance with the transaction agreements. Such records are maintained on at least a monthly basis, or such other period specified in the transaction agreements, and describe the entity’s activities in monitoring delinquent pool assets including, for example, phone calls, letters and payment rescheduling plans in cases where delinquency is deemed temporary (e.g., illness or unemployment).   ü      
1122(d)(4)(ix)   Adjustments to interest rates or rates of return for pool assets with variable rates are computed based on the related pool asset documents.   ü      
1122(d)(4)(x)   Regarding any funds held in trust for an obligor (such as escrow accounts): (A) such funds are analyzed, in accordance with the obligor’s pool asset documents, on at least an annual basis, or such other period specified in the transaction agreements; (B) interest on such funds is paid, or credited, to obligors in accordance with applicable pool asset documents and state laws; and (C) such funds are returned to the obligor within 30 calendar days of full repayment of the related pool asset, or such other number of days specified in the transaction agreements.   ü      
1122(d)(4)(xi)   Payments made on behalf of an obligor (such as tax or insurance payments) are made on or before the related penalty or expiration dates, as indicated on the appropriate bills or notices for such payments, provided that such support has been received by the Servicer at least 30 calendar days prior to these dates, or such other number of days specified in the transaction agreements.   ü     ü5  
1122(d)(4)(xii)   Any late payment penalties in connection with any payment to be made on behalf of an obligor are paid from the Servicer’s funds and not charged to the obligor, unless the late payment was due to the obligor’s error or omission.   ü      
1122(d)(4)(xiii)   Disbursements made on behalf of an obligor are posted within two business days to the obligor’s records maintained by the Servicer, or such other number of days specified in the transaction agreements.   ü      

 

5 

Vendor: Assurant is responsible for the insurance payments component of this criterion.

SERVICING CRITERIA

   APPLICABLE
SERVICING CRITERIA		   INAPPLICABLE
SERVICING CRITERIA

Reference

  

Criteria

   Performed
Directly
by
SunTrust
Mortgage,
Inc.		   Performed
by
Vendor(s)
for which
SunTrust
Mortgage,
Inc. is the
Responsible
Party		   Performed by
sub servicer(s)
or vendor(s) for
which SunTrust
Mortgage, Inc.
is NOT the
Responsible
Party		   NOT performed
by
SunTrust
Mortgage, Inc.
or by sub
servicer(s) or
vendor(s)
retained by
SunTrust
Mortgage, Inc.
1122(d)(4)(xiv)   Delinquencies, charge-offs and uncollectable accounts are recognized and recorded in accordance with the transaction agreements.   ü      
1122(d)(4)(xv)   Any external enhancement or other support, identified in Item 1114(a)(1) through (3) or Item 1115 of Regulation AB, is maintained as set forth in the transaction agreements.         ü

Appendix B

 

Year

  

DEAL ID

2007

   2007-DBALT-RAMPI

2007

   ARMT 2007-1

2007

   ARMT 2007-2

2006

   BAFC 2006-1

2006

   BAFC 2006-2

2006

   BAFC 2006-3

2006

   BAFC 2006-4

2006

   BAFC 2006-5

2006

   BAFC 2006-6

2006

   BAFC 2006-7

2007

   BAFC 2007-1

2007

   BAFC 2007-2

2007

   BAFC 2007-3

2007

   BAFC 2007-4

2007

   BAFC 2007-6

2007

   BAFC 2007-7

2007

   BAFC 2007-8

2008

   BAFC 2008-1

2006

   BSABS 2006-SD2

2006

   BSABS 2006-ST1

2006

   CMLTI 2006-4

2007

   CMLTI 2007-10

2007

   CMLTI 2007-6

2007

   CMLTI 2007-AR7

2007

   CMLTI 2007-ARI

2006

   CSAB 2006-2

2006

   CSAB 2006-3

2007

   CSAB 2007-1

2006

   CSMC 2006-3

2006

   CSMC 2006-4

2006

   CSMC 2006-5

2006

   CSMC 2006-7

2006

   CSMC 2006-8

2006

   CSMC 2006-9

2007

   CSMC 2007-3

2007

   CSMC 2007-5

2007

   CSMC 2007-6

2007

   CSMC 2007-7

2007

   CSMC 2007-I

2006

   GSAA 2006-1

2006

   GSAA 2006-14

2006

   GSAA 2006-17

2006

 GSAA 2006-19

2006

 GSAA 2006-20

2006

 GSAA 2006-5

2007

 GSAA 2007-2

2006

 GSR 2006-9F

2007

 GSR 2007-4F

2007

 GSR 2007-5F

2007

 HALO 2007-2

2007

 HALO 2007-AR1

2007

 HALO 2007-AR2

2007

 HarborView 2007-4

2006

 JPALT 2006-A2

2006

 JPALT 2006-S1

2006

 JPALT 2006-S2

2006

 JPALT 2006-S4

2007

 JPALT 2007-S1

2006

 JPMMT 2006-A3

2006

 JPMMT 2006-A4

2006

 JPMMT 2006-A5

2006

 JPMMT 2006-A6

2006

 JPMMT 2006-S2

2007

 JPMMT 2007-S2

2007

 JPMMT 2007-S1

2006

 LMT 2006-2

2006

 LMT 2006-4

2006

 LMT 2006-7

2007

 LMT 2007-7

2006

 LXS 2006-1

2006

 LXS 2006-15

2006

 LXS 2006-3

2006

 LXS 2006-7

2006

 LXS 2006-11

2006

 MALT 2006-2

2006

 MALT 2006-3

2007

 MALT 2007-1

2006

 MASTR 2006-1

2006

 MASTR 2006-2

2006

 MASTR 2006-3

2007

 MASTR 2007-1

2007

 MASTR 2007-2

2006

 RALI SERIES 2006-QS4

2006

 RALI SERIES 2006-QS1

2006

 RALI SERIES 2006-QS10

2006

 RALI SERIES 2006-QS11

2006

 RALI SERIES 2006-QS12

2006

 RALI SERIES 2006-QS13

2006

 RALI SERIES 2006-QS14

2006

 RALI SERIES 2006-QS15

2006

 RALI SERIES 2006-QS16

2006

 RALI SERIES 2006-QS17

2006

 RALI SERIES 2006-QS18

2006

 RALI SERIES 2006-QS3

2006

 RALI SERIES 2006-QS6

2006

 RALI SERIES 2006-QS7

2006

 RALI SERIES 2006-QS8

2006

 RALI SERIES 2006-QS9

2006

 RAMP SERIES 2006-RS3

2006

 RAMP SERIES 2006-RS4

2006

 RAMP SERIES 2006-RS5

2006

 RAMP SERIES 2006-RS6

2006

 RFMSI SERIES 2006-S11

2006

 RFMSI SERIES 2006-S10

2006

 RFMSI SERIES 2006-S12

2006

 RFMSI SERIES 2006-S5

2006

 RFMSI SERIES 2006-S6

2006

 RFMSI SERIES 2006-S7

2006

 RFMSI SERIES 2006-S8

2006

 RFMSI SERIES 2006-S9

2006

 SARM 2006-1

2006

 SARM 2006-3

2006

 SASCO 2006-3H

2011

 SEMT 2011-2

2005

 SERIES 2005-QWH13

2006

 SERIES 2006-WH11

2007

 SERIES 2007-QS7

2007

 SERIES 2007-QS8

2007

 SERIES 2007-QS9

2007

 SERIES 2007-QA1

2007

 SERIES 2007-QA2

2007

 SERIES 2007-QS1

2007

 SERIES 2007-QS2

2007

 SERIES 2007-QS3

2007

 SERIES 2007-QS4

2007

 SERIES 2007-QS5

2007

 SERIES 2007-QS6

2007

 SERIES 2007-RS1

2007

 SERIES 2007-RS2

2007

 SERIES 2007-RZ1

2007

 SERIES 2007-S1

2007

 SERIES 2007-S4

2007

 SERIES 2007-S8

2007

 SERIES 2007-SA1

2007

 SERIES 2007-SARM-3 LEHMAN

2007

 SERIES 2007-SP2

2007

 SERIES 2007-SP3

2006

 STALT 2006-IF

2007

 STARM 2007-1

2007

 STARM 2007-2

2007

 STARM 2007-3

2007

 STARM 2007-4

2007

 STARM 2007-S1

2006

 TMST 2006-5

2007

 WMLT 2007-A

Appendix C

1122(d)(2)(i)

Certain payments on pool assets were not deposited into the appropriate custodial bank accounts and related bank clearing accounts no more than two business days of receipt, or such other number of days specified in the transaction agreements.

Remediation

As of May 2013, SunTrust Mortgage Inc. moved 194 custodial bank accounts from SunTrust Bank to Bank of New York Mellon due to the rating requirements and the decreased rating of SunTrust Bank. Certain transaction agreements require deposits into the custodial accounts either daily or within one business day. Due to the movement of the accounts from SunTrust Bank to Bank of New York Mellon funds are deposited into the accounts within two business days.

SunTrust Mortgage Inc. expects the situation to persist until SunTrust Bank is upgraded to the required credit ratings to make it an eligible entity to hold the accounts.

1122(d)(4)(vii)

Certain loss mitigation or recovery actions were not initiated, conducted and concluded in accordance with the timeframes or other requirements established by the transaction agreements.

Remediation

SunTrust Mortgage, Inc. continued to experience foreclosure timeline delays due to extended processing timelines, environmental delays including those in the court system, and the implementation of new legislation and regulation.

SunTrust Mortgage Inc. continues to enhance remediation plans initiated in prior years, and as a result overall foreclosure timelines declined in 2014. In addition, SunTrust created a new due diligence team focusing solely on severely aged loans. SunTrust also created reporting specific to the individual foreclosure milestones in each state. Based on these efforts, SunTrust anticipates that overall foreclosure timelines will continue to decrease.