Systems and methods of trading closed loans, debt, and other financial obligations

• US 7,698,214 B1
• Filed: 04/03/2008
• Issued: 04/13/2010
• Est. Priority Date: 04/03/2007
• Status: Active Grant

• Current Assignee: General Mortgage Finance Corporation
• Original Assignee: General Mortgage Finance Corporation
• Inventors: Lindgren, Daniel N.
• Primary Examiner(s): Kazimi, Hani
• Assistant Examiner(s): Shaikh, Mohammad Z
• Application Number:
  US12/062,004
• Time in Patent Office: 740 Days
• Field of Search: None
• US Class Current: 705/38
• CPC Class Codes: G06Q 40/03 Credit; Loans; Processing thereof
• CPC Class Codes: G06Q 40/04 Trading; Exchange, e.g. stocks, commodities, derivatives or currency exchange
• CPC Class Codes: G06Q 40/06 Asset management; Financial planning or analysis

Abstract

A method of trading individual, closed residential mortgage loans without loans being presented in a structured pool. The method includes authorizing a file associated with an individual, closed residential mortgage loan to be made available to a plurality of potential buyers and converting information in the file into electronic file data for submittal to the plurality of potential buyers. The information in the file includes information of importance to the potential buyer in understanding the loan. The method also includes making the electronic file data available to the plurality of potential buyers for review and purchase without pooling or averaging the electronic file data prior to making it available to the plurality of potential buyers, and prior to bidding, thereby making the risk of the individual, closed mortgage loan transparent to the plurality of potential buyers; receiving a bid from one or more of the potential buyers on the individual, closed residential mortgage loan; accepting the bid and electronically forwarding a note associated with the file to a clearing agency for delivery to the potential buyer; and receiving funds from the clearing agency into a seller account as payment for the individual, closed residential mortgage loan.

Claims

1. A method of trading individual, closed residential mortgage loans in an open-market forum, without loans being presented in a structured pool, comprising:

authorizing, through the use of a computer, a file associated with an individual, closed residential mortgage loan to be made available by a seller to a plurality of potential buyers for the opportunity to perform simultaneous, and real time, due diligence and bidding;

converting substantially all loan documents associated with the loan in the file into electronic file documents for submittal to the plurality of potential buyers, wherein the loan documents comprise information that allows each of the plurality of buyers to perform simultaneous due diligence in real time for the purpose of placing a bid on the loan prior to a purchase of the loan and to assess the risk and value of the loan;

making the electronic file documents simultaneously available in real time to the plurality of potential buyers for review, due diligence, and purchase without pooling or averaging the electronic file data prior to making it available to the plurality of potential buyers, thereby making the risk of the individual, closed mortgage loan transparent to the plurality of potential buyers;

receiving a bid from one or more of the potential buyers on the individual, closed residential mortgage loan, wherein the bid is a winning bid that represents a binding agreement to buy the individual, closed residential mortgage loan if the bid is the first bid that matches the seller'"'"'s offer or is a bid that is otherwise accepted by the seller;

accepting the bid as the winning bid and electronically forwarding a note associated with the file to a clearing agency for delivery to the potential buyer;

receiving funds from the clearing agency into a seller account as payment for the individual, closed residential mortgage loan.

2. The method of claim 1, wherein the loan documents include at least one of:

a loan application, loan summarization, insurance information, appraisal information, copy of note, copy of security instrument, loan payment history, principal balance, settlement statement, income verification, employment verification, certificates of compliance with laws, closing documents, credit report, automated valuation method information, loan-servicing information, prepayment information, repurchase information, recapture information, prepayment penalty information, and risk-rating instruments.

3. The method of claim 2, wherein the insurance information is selected from the group consisting of title insurance information, homeowner'"'"'s insurance information, and mortgage insurance information.

4. The method of claim 2, wherein the loan-serving information is selected from the group consisting of:

servicer calls log with collection activity, foreclosure information, loan payment history, loan payment agreements, loan payment deferments, information on whether servicing will be released or retained, and any written or verbal agreements with a borrower associated with the loan.

5. The method of claim 1, further comprising establishing a standard rules of transfer of account to be accepted by each potential buyer.

6. The method of claim 5, wherein the standard rules of transfer of account include a no repurchase requirement so as to improve loan quality.

7. The method of claim 1, further comprising using a computer and software to narrow the field of loans to be purchased from all available loans to loans that meet the criteria of the certain parameters that are entered into the computer, then reviewing the loan.

8. A system for trading individual, closed residential mortgage loans without loans being presented in a structured pool, comprising:

a plurality of individual, closed residential mortgage loans, each individual loan having a file of electronic data comprising substantially all loan documents associated with the individual loan, the loan documents having been converted into electronic file documents and comprising information for performing simultaneous due diligence in real time for the purpose of placing a bid on the loan prior to a purchase of the individual loan and to assess the risk and value of the individual loan, the plurality of mortgage loans not being presented in a structured pool;

a marketplace comprising at least one seller, and at least one potential buyer in communication with the seller, through an electronic network, wherein the network may be one of the Internet, local area network, wide area network, telephone network, or combination thereof, that allows for simultaneous, real time interaction of the at least one seller and the at least one potential buyer, for the purpose of price negotiation;

a computer database comprising the files of electronic data, the computer database located in a location remote to at least one potential buyer, the files of electronic data being simultaneously available in real time to the marketplace through the electronic network for review, due diligence, and purchase without pooling or averaging the electronic data prior to making it available to the marketplace, thereby making the risk of the individual, closed mortgage loan transparent to the marketplace, and thereby allowing for simultaneous, real time due-diligence and bidding from the at least one buyer; and

wherein the electronic network receives individual bids from the at least one potential buyer for the individual loans, and the bid is a winning bid that represents a binding agreement to buy the individual, closed residential mortgage loan if the bid is a first bid that matches a seller'"'"'s offer or is a bid that is otherwise accepted by the seller and the electronic network facilitates processing a sale of the individual loan through a clearing agency by accepting the bid as the winning bid and electronically forwarding a note associated with the file to a clearing agency for delivery to the potential buyer and by receiving funds from the clearing agency into a seller account as payment for the individual, closed residential mortgage loan.

9. The system of claim 8, wherein the loan documents include at least one of:

a loan application, loan summarization, insurance information, appraisal information, copy of note, copy of security instrument, loan payment history, principal balance, settlement statement, income verification, employment verification, certificates of compliance with laws, closing documents, credit report, automated valuation method information, loan-servicing information, prepayment information, repurchase information, recapture information, prepayment penalty information, and risk-rating instruments.