Securities Lawyer's Deskbook                          published by The University of Cincinnati College of Law

Rule 3a12-4 -- Exemptions from Sections 15(a) and 15(c)(3) for Certain Whole Mortgages

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1. When used in this Rule the following terms shall have the meanings indicated:
   
   
   1. The term whole loan mortgage means an evidence of indebtedness secured by mortgage, deed of trust, or other lien upon real estate or upon leasehold interests therein where the entire mortgage, deed or other lien is transferred with the entire evidence of indebtedness.
      
      
   2. The term aggregated whole loan mortgage means two or more whole loan mortgages that are grouped together and sold to one person in one transaction.
      
      
   3. The term participation interest means an undivided interest representing one of only two such interests in a whole loan mortgage or in an aggregated whole loan mortgage, provided that the other interest is retained by the originator of such participation interest.
      
      
   4. The term commitment means a contract to purchase a whole loan mortgage, an aggregated whole loan mortgage or a participation interest which by its terms requires that the contract be fully executed within 2 years.
      
      
   5. The term mortgage security means a whole loan mortgage, an aggregated whole loan mortgage, a participation interest, or a commitment.
      
      
2. A mortgage security shall be deemed an "exempted security" for purposes of subsections (a) and (c)(3) of section 15 of the Act provided that, in the case of and at the time of any sale of the mortgage security by a broker or dealer, such mortgage security is not in default and has an unpaid principal amount of at least $50,000.

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