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  • Hsbc Bank Usa, National Association, In Its Capacity As Trustee Of Nomura Home Equity Loan, Inc., Asset Backed Certificates, Series 2007-2 v. Nomura Credit & Capital, Inc. Commercial Division document preview
  • Hsbc Bank Usa, National Association, In Its Capacity As Trustee Of Nomura Home Equity Loan, Inc., Asset Backed Certificates, Series 2007-2 v. Nomura Credit & Capital, Inc. Commercial Division document preview
  • Hsbc Bank Usa, National Association, In Its Capacity As Trustee Of Nomura Home Equity Loan, Inc., Asset Backed Certificates, Series 2007-2 v. Nomura Credit & Capital, Inc. Commercial Division document preview
  • Hsbc Bank Usa, National Association, In Its Capacity As Trustee Of Nomura Home Equity Loan, Inc., Asset Backed Certificates, Series 2007-2 v. Nomura Credit & Capital, Inc. Commercial Division document preview
  • Hsbc Bank Usa, National Association, In Its Capacity As Trustee Of Nomura Home Equity Loan, Inc., Asset Backed Certificates, Series 2007-2 v. Nomura Credit & Capital, Inc. Commercial Division document preview
  • Hsbc Bank Usa, National Association, In Its Capacity As Trustee Of Nomura Home Equity Loan, Inc., Asset Backed Certificates, Series 2007-2 v. Nomura Credit & Capital, Inc. Commercial Division document preview
						
                                

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FILED: NEW YORK COUNTY CLERK 08/04/2022 05:10 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2063 RECEIVED NYSCEF: 08/04/2022 Exhibit 195 FILED: NEW YORK COUNTY CLERK 08/04/2022 05:10 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2063 RECEIVED NYSCEF: 08/04/2022 NOMURA CREDIT & CAPlTAL, INC. 49* 309 West Street New York, New York 10019 May 4, 2015 Herawattee Alli Corporate Trust and Loan Agency HSBC Bank USA, National Association 452 Fifth Avenue New York, New York 10018 Re: NAAC Series 2007-1-Loan # Dear Herawattee Alli: I am in receipt of your Notice of Repurchase (including attachment, the "Notice"), dated April 29, 2015, related to the referenced Mortgage Loan (the "Subject Morteace Loan"). The request made to either cure a breach or repurchase the Subject Mortgage Loan is respectfully denied because no valid breach that materially and adversely affects the interests of the Certificateholders was identified. More specifically, the Notice asserts that the representation in Section 8(xli) of the Mortgage Loan Purchase Agreement (the "MLPA"), dated May 10, 2007, was allegedly breached based on thesupport provided in the Notice. The text of Section 8(xli) (as reproduced in the Notice) reads as follows: (xli) Each Mortgage Loan is and will be a mortgage loan arising out of the originator's practice in accordance withthe originator's underwriting guidelines; As a preliminary matter, Nomura Credit & Capital, Inc. ("NCCI") is not required to cure alleged breach or repurchase any Mortgage Loan if itis notified of an alleged breach more any than six years after the date of the representation. In this case, since the Pooling and Servicing "PSA" Agreement (the and, together with the MLPA, the "Aereements") is dated April 1, 2007. the Notice is untimely. Notwithstanding the foregoing, NCCI reviewed the Notice, which included a copy of correspondence from Wells Fargo Bank, N.A., as master servicer, and Vlortgage Guaranty Insurance Corporation ("MGlC"), as insurer under the related mortgage insurance policy. The correspondence from MGIC indicates that MGIC rescinded the mortgage insurance policy based on the allegation that the Subject Mortgage Loan was not originated in compliance with the lender's underwriting guidelines. Notably, no documents, other than a narrative from MGIC. were provided to support this allegation. Based upon a review of the documentation included with the Notice, NCCI detemlined that no proper notice was provided requiring action pursuant to the PSA. Capitalized terms used herein and not defined shall have the meaning assigned to them in the Agreements. CONFIDENTIAL NOM_07-1 02363314 FILED: NEW YORK COUNTY CLERK 08/04/2022 05:10 PM INDEX NO. 650337/2013 NYSCEF DOC. NO. 2063 RECEIVED NYSCEF: 08/04/2022 May 4, 2015 Page 2 of 2 If yonhave any questions regarding the foregoing, please feel free to contact me directly at 212-66749368. et F. Buck ce; Wells Fargo Bank, N.A. 9062 Old Annapolis Road Colurnbia, Maryland 21045 Attn: Client Manager NAAC 2007-1 Wells Farge Bank, N.A Corporate Trust services MACR1204-010 9062 Old Annapolis Road Columbia, Maryland 21045 Attn: Alex Humphries .:- ... ... ... .. CONFIDENTIAL NOM_07-1 02363315