0001056404-16-004087.txt : 20160405 0001056404-16-004087.hdr.sgml : 20160405 20160405115021 ACCESSION NUMBER: 0001056404-16-004087 CONFORMED SUBMISSION TYPE: 10-K/A PUBLIC DOCUMENT COUNT: 3 CONFORMED PERIOD OF REPORT: 20160405 0000850779 0000740906 FILED AS OF DATE: 20160405 DATE AS OF CHANGE: 20160405 Commercial mortgages FILER: COMPANY DATA: COMPANY CONFORMED NAME: Wells Fargo Commercial Mortgage Trust 2012-LC5 CENTRAL INDEX KEY: 0001556601 STANDARD INDUSTRIAL CLASSIFICATION: ASSET-BACKED SECURITIES [6189] IRS NUMBER: 000000000 FISCAL YEAR END: 1231 FILING VALUES: FORM TYPE: 10-K/A SEC ACT: 1934 Act SEC FILE NUMBER: 333-172366-04 FILM NUMBER: 161553490 BUSINESS ADDRESS: STREET 1: 301 SOUTH COLLEGE STREET CITY: CHARLOTTE STATE: NC ZIP: 28228-0166 BUSINESS PHONE: 7043832556 MAIL ADDRESS: STREET 1: 301 SOUTH COLLEGE STREET CITY: CHARLOTTE STATE: NC ZIP: 28228-0166 FORMER COMPANY: FORMER CONFORMED NAME: WFCM Commercial Mortgage Trust 2012-LC5 DATE OF NAME CHANGE: 20120821 10-K/A 1 wcm12lc5_10ka-2015.htm 10-K WCM12LC5 201512

UNITED STATES
SECURITIES AND EXCHANGE COMMISSION

WASHINGTON, D.C. 20549

FORM 10‑K/A

(Amendment No. 1)

 

(Mark one)

/X/ ANNUAL REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934

    For the fiscal year ended December 31, 2015

OR

// TRANSITION REPORT PURSUANT TO SECTION 13 OR 15(d) OF THE SECURITIES
EXCHANGE ACT OF 1934

For the transition period from              to             

 

 

 

Commission file number of the issuing entity:333-172366-04

 

Central Index Key Number of the issuing entity:0001556601

 

Wells Fargo Commercial Mortgage Trust 2012-LC5

(exact name of the issuing entity as specified in its charter)

 

Central Index Key Number of the depositor: 0000850779

Wells Fargo Commercial Mortgage Securities, Inc.

(exact name of the depositor as specified in its charter)

 

Central Index Key Number of the sponsor: 0000740906

Wells Fargo Bank, National Association

(exact name of the sponsor as specified in its charter)

 

Central Index Key Number of the sponsor: 0001541468

Ladder Capital Finance LLC

(exact name of the sponsor as specified in its charter)

 

Central Index Key Number of the sponsor: 0000729153

The Royal Bank of Scotland plc

(exact name of the sponsor as specified in its charter)

 

Central Index Key Number of the sponsor: 0001541615

RBS Financial Products Inc.

(exact name of the sponsor as specified in its charter)

 

New York
(State or other jurisdiction of
incorporation or organization of

the issuing entity)

38-3886970

38-3886971

38-3886972

38-7064494

(I.R.S. Employer

Identification Numbers)


c/o Wells Fargo Bank, National Association

as Certificate Administrator

9062 Old Annapolis Road

Columbia, MD

(Address of principal executive offices of the issuing entity)

21045

(Zip Code)

 

Registrant’s telephone number, including area code:

(704) 374-6161

 

Securities registered pursuant to Section 12(b) of the Act: None.

 

Securities registered pursuant to Section 12(g) of the Act: None.

 

Indicate by check mark if the registrant is a well-known seasoned issuer, as defined in Rule 405 of the Securities Act. / / Yes /X/ No

 

Indicate by check mark if the registrant is not required to file reports pursuant to Section 13 or Section 15(d) of the Act. / / Yes /X/ No

 

Indicate by check mark whether the registrant (1) has filed all reports required to be filed by Section 13 or 15(d) of the Securities Exchange Act of 1934 during the preceding 12 months (or for such shorter period that the registrant was required to file such reports), and (2) has been subject to such filing requirements for the past 90 days. /X/ Yes / / No

 

Indicate by check mark whether the registrant has submitted electronically and posted on its corporate Web site, if any, every Interactive Data File required to be submitted and posted pursuant to Rule 405 of Regulation S-T (Section 232.405 of this chapter) during the preceding 12 months (or for such shorter period that the registrant was required to submit and post such files).

 

Not applicable.

 

Indicate by check mark if disclosure of delinquent filers pursuant to Item 405 of Regulation S-K (Section 229.405 of this chapter) is not contained herein, and will not be contained, to the best of registrant’s knowledge, in definitive proxy or information statements incorporated by reference in Part III of this Form 10-K or any amendment to this Form 10-K.

 

Not applicable.

 

Indicate by check mark whether the registrant is a large accelerated filer, an accelerated filer, a non-accelerated filer, or a smaller reporting company. See definitions of “large accelerated filer”, “accelerated filer” and “smaller reporting company” in Rule 12b-2 of the Exchange Act.

 

Large accelerated filer / /                                                                                                                          Accelerated filer / /

Non-accelerated filer /X/ (Do not check if a smaller reporting company)                                                Smaller reporting company / /

 

Indicate by check mark whether the registrant is a shell company (as defined in Rule 12b-2 of the Act). / / Yes /X/ No

 

State the aggregate market value of the voting and non-voting common equity held by non-affiliates computed by reference to the price at which the common equity was last sold, or the average bid and asked price of such common equity, as of the last business day of the registrant’s most recently completed second fiscal quarter.

 

Not applicable.

 

Indicate by check mark whether the registrant has filed all documents and reports required to be filed by Section 12, 13 or 15(d) of the Securities Exchange Act of 1934 subsequent to the distribution of securities under a plan confirmed by a court. / / Yes / / No

 

Not applicable.

 

Indicate the number of shares outstanding of each of the registrant’s classes of common stock, as of the latest practicable date.

 

Not applicable.

 

DOCUMENTS INCORPORATED BY REFERENCE

 

List hereunder the following documents if incorporated by reference and the Part of the Form 10-K (e.g., Part I, Part II, etc.) into which the document is incorporated: (1)Any annual report to security holders; (2) Any proxy or information statement; and (3)Any prospectus filed pursuant to Rule 424(b) or (c) under the Securities Act of 1933. The listed documents should be clearly described for identification purposes (e.g., annual report to security holders for fiscal year ended December 24, 1980).

 

Not applicable.

 

EXPLANATORY NOTE

 

The purpose of this Amendment No. 1 (the “Amendment”) to our Annual Report on Form 10-K for the fiscal year ended December 31, 2015 filed with the Securities and Exchange Commission on March 24, 2016 (the “Original Form 10-K”) is to file an amended Report on Assessment of Compliance for CoreLogic Commercial Real Estate Services, Inc., as Servicing Function Participant, dated February 4, 2016 as a replacement to the Report on Assessment of Compliance filed as Exhibit 33.6 of the Exhibits, Financial Statement Schedules under Item 15 to the Original Form 10-K, and to update the disclosure with respect to Deutsche Bank Trust Company Americas filed under Item 1117 to the Original Form 10-K to account for events for which notice was received subsequent to the filing of the Original Form 10-K.  Due to an error in table formatting, Appendix A of Exhibit 33.6 to the Original Form 10-K did not clearly identify which servicing criteria were applicable or inapplicable.  The amended Exhibit 33.6 included in this Amendment clearly identifies which servicing criteria are applicable and which are inapplicable.

 

PART I

 

Item 1.

Business.

Omitted.

Item 1A.

Risk Factors.

Omitted.

Item 1B.

Unresolved Staff Comments.

None.

Item 2.

Properties.

Omitted.

Item 3.

Legal Proceedings.

Omitted.

Item 4.

Mine Safety Disclosures.

Not applicable.

 

PART II

 

Item 5.

Market for Registrant’s Common Equity, Related Stockholder Matters and Issuer Purchases of Equity Securities.

Omitted.

Item 6.

Selected Financial Data.

Omitted.

Item 7.

Management’s Discussion and Analysis of Financial Condition and Results of Operations.

Omitted.

Item 7A.

Quantitative and Qualitative Disclosures About Market Risk.

Omitted.

Item 8.

Financial Statements and Supplementary Data.

Omitted.

Item 9.

Changes in and Disagreements With Accountants on Accounting and Financial Disclosure.

Omitted.

Item 9A.

Controls and Procedures.

Omitted.

Item 9B.

Other Information.

None.

 

 

PART III

Item 10.

Directors, Executive Officers and Corporate Governance.

Omitted.

Item 11.

Executive Compensation.

Omitted.

Item 12.

Security Ownership of Certain Beneficial Owners and Management and Related Stockholder Matters.

Omitted.

Item 13.

Certain Relationships and Related Transactions, and Director Independence.

Omitted.

Item 14.

Principal Accounting Fees and Services.

Omitted.

 

ADDITIONAL DISCLOSURE ITEMS FOR REGULATION AB

 

Item 1112(b) of Regulation AB, Significant Obligor Financial Information.

 

The Westside Pavilion Mortgage Loan (Mortgage Loan Number 1 on Annex A-1 of the prospectus supplement of the registrant relating to the issuing entity filed on September 27, 2012 pursuant to Rule 424(b)(5)) constitutes a significant obligor within the meaning of Item 1101(k)(2) of Regulation AB as disclosed in the prospectus supplement. In accordance with Item 1112(b) of Regulation AB, the most recent unaudited net operating income of the significant obligor was $15,464,433.00 for the twelve- month period ended December 31, 2015.

 

Item 1114(b)(2) of Regulation AB, Significant Enhancement Provider Financial Information.

 

No entity or group of affiliated entities provides any external credit enhancement or other support for the certificates within this transaction as described under Item 1114(a) of Regulation AB.

 

Item 1115(b) of Regulation AB, Certain Derivatives Instruments (Financial Information).

 

No entity or group of affiliated entities provides any derivative instruments or other support for the certificates within this transaction as described under Item 1115 of Regulation AB.

 

Item 1117 of Regulation AB, Legal Proceedings.

 

The registrant knows of no material pending legal proceeding involving the trust or any party related to the trust, other than routine litigation incidental to the duties of those respective parties, and the following, with respect to Wells Fargo Bank, National Association, as certificate administrator and custodian, U.S. Bank National Association, as trustee, and Deutsche Bank Trust Companies America, as trustee:

 

On June 18, 2014, a group of institutional investors filed a civil complaint in the Supreme Court of the State of New York, New York County, against Wells Fargo Bank, N.A., in its capacity as trustee under 276 residential mortgage backed securities (“RMBS”) trusts, which was later amended on July 18, 2014, to increase the number of trusts to 284 RMBS trusts.  On November 24, 2014, the plaintiffs filed a motion to voluntarily dismiss the state court action without prejudice.  That same day, a group of institutional investors filed a civil complaint in the United States District Court for the Southern District of New York (the “District Court”) against Wells Fargo Bank, alleging claims against the bank in its capacity as trustee for 274 RMBS trusts (the “Complaint”). In December 2014, the plaintiffs’ motion to voluntarily dismiss their original state court action was granted.  As with the prior state court action, the Complaint is one of six similar complaints filed contemporaneously against RMBS trustees (Deutsche Bank, Citibank, HSBC, Bank of New York Mellon and US Bank) by a group of institutional investor plaintiffs.  The Complaint against Wells Fargo Bank alleges that the trustee caused losses to investors and asserts causes of action based upon, among other things, the trustee's alleged failure to (i) enforce repurchase obligations of mortgage loan sellers for purported breaches of representations and warranties, (ii) notify investors of alleged events of default purportedly caused by breaches by mortgage loan servicers, and (iii) abide by appropriate standards of care following alleged events of default. Relief sought includes money damages in an unspecified amount, reimbursement of expenses, and equitable relief.  Other cases (collectively, the “Additional Complaints”) alleging similar causes of action have been filed against Wells Fargo Bank and other trustees in the same court by RMBS investors in these and other transactions, and these cases have been consolidated before the same judge. On January 19, 2016, an order was entered in connection with the Complaint in which the District Court declined to exercise jurisdiction over 261 trusts at issue in the Complaint; the District Court also allowed Plaintiffs to file amended complaints if they so chose, and three amended complaints have been filed. There can be no assurances as to the outcome of the litigation, or the possible impact of the litigation on the trustee or the RMBS trusts. However, Wells Fargo Bank denies liability and believes that it has performed its obligations under the RMBS trusts in good faith, that its actions were not the cause of any losses to investors, and that it has meritorious defenses, and it intends to contest the plaintiffs’ claims vigorously.

 

Since 2014 various plaintiffs or groups of plaintiffs, primarily investors, have filed claims against U.S. Bank National Association (“U.S. Bank”), in its capacity as trustee or successor trustee (as the case may be) under certain residential mortgage backed securities (“RMBS”) trusts. The plaintiffs or plaintiff groups have filed substantially similar complaints against other RMBS trustees, including Deutsche Bank, Citibank, HSBC, Bank of New York Mellon and Wells Fargo. The complaints against U.S. Bank allege the trustee caused losses to investors as a result of alleged failures by the sponsors, mortgage loan sellers and servicers for these RMBS trusts and assert causes of action based upon the trustee's purported failure to enforce repurchase obligations of mortgage loan sellers for alleged breaches of representations and warranties concerning loan quality. The complaints also assert that the trustee failed to notify securityholders of purported events of default allegedly caused by breaches of servicing standards by mortgage loan servicers and that the trustee purportedly failed to abide by a heightened standard of care following alleged events of default.

 

Currently U.S. Bank is a defendant in multiple actions alleging individual or class action claims against the trustee with respect to multiple trusts as described above with the most substantial case being: BlackRock Balanced Capital Portfolio et al v. U.S. Bank National Association, No. 605204/2015 (N.Y. Sup. Ct.) (class action alleging claims with respect to approximately 794 trusts) and its companion case BlackRock Core Bond Portfolio et al v. U.S Bank National Association, No. 14-cv-9401 (S.D.N.Y.). Some of the trusts implicated in the aforementioned Blackrock cases, as well as other trusts, are involved in actions brought by separate groups of plaintiffs related to no more than 100 trusts per case.

 

There can be no assurance as to the outcome of any of the litigation, or the possible impact of these litigations on the trustee or the RMBS trusts. However, U.S. Bank denies liability and believes that it has performed its obligations under the RMBS trusts in good faith, that its actions were not the cause of losses to investors and that it has meritorious defenses, and it intends to contest the plaintiffs’ claims vigorously.

 

On June 18, 2014, a group of investors, including funds managed by Blackrock Advisors, LLC, PIMCO-Advisors, L.P., and others, filed a derivative action against Deutsche Bank Trust Company Americas (“DBTCA”) and Deutsche Bank National Trust Company (“DBNTC”)  in New York State Supreme Court purportedly on behalf of and for the benefit of 544 private-label RMBS trusts asserting claims for alleged violations of the U.S. Trust Indenture Act of 1939 (TIA), breach of contract, breach of fiduciary duty and negligence based on DBNTC and DBTCA’s alleged failure to perform their duties as trustees for the trusts. Plaintiffs subsequently dismissed their state court complaint and filed a derivative and class action complaint in the U.S. District Court for the Southern District of New York on behalf of and for the benefit of 564 private-label RMBS trusts, which substantially overlapped with the trusts at issue in the state court action. The complaint alleges that the trusts at issue have suffered total realized collateral losses of U.S. $89.4 billion, but the complaint does not include a demand for money damages in a sum certain. DBNTC and DBTCA filed a motion to dismiss, and on January 19, 2016, the court partially granted the motion on procedural grounds: as to the 500 trusts that are governed by Pooling and Servicing Agreements, the court declined to exercise jurisdiction. The court did not rule on substantive defenses asserted in the motion to dismiss as to the 64 trusts formed under indentures for which it retained jurisdiction.  Instead, the court ordered plaintiffs to file an amended complaint as to those indenture trusts. On February 23, 2016, plaintiffs filed an amended complaint as to 62 of the 64 indenture trusts included in the original U.S. District Court complaint. DBNTC and DBTCA will have an opportunity to file new defensive motions with respect to this amended complaint.

 

On March 25, 2016, plaintiffs filed a new state court complaint in California against DBTCA as to 513 trusts governed by Pooling and Servicing Agreements, most of which had been dismissed from the U.S. District Court action.  (Plaintiffs removed 19 of the original 500 and have added 32 new trusts.)  DBTCA serves as trustee on only one of these 513 trusts.

 

On December 30, 2015, IKB International, S.A. and IKB Deutsche Industriebank A.G. filed a Summons With Notice in New York state court naming as defendants DBNTC and DBTCA, as trustees of 37 RMBS trusts (the “IKB Action”).  The claims in the IKB Action appear to be substantively similar to the SDNY Action.  The IKB Action is not styled as a putative class action, but may attempt to bring derivative claims on behalf of the named RMBS Trusts.  DBTCA intends to vigorously defend the IKB Action.

 

DBTCA has no pending legal proceedings (including, based on DBTCA's present evaluation, the litigation disclosed in the foregoing paragraphs) that would materially affect its ability to perform its duties as Trustee under the Pooling and Servicing Agreement for the WFRBS 2012-C8 transaction.

 

Item 1119 of Regulation AB, Affiliations and Certain Relationships and Related Transactions.

 

The information regarding this Item has been previously provided in a prospectus supplement of the Registrant relating to the issuing entity filed on September 27, 2012 pursuant to Rule 424(b)(5).

 

Item 1122 of Regulation AB, Compliance with Applicable Servicing Criteria.

 

The reports on assessments of compliance with the servicing criteria for asset-backed securities and related attestation reports on such assessments of compliance with respect to the mortgage loans are attached hereto under Item 15 to this Annual Report on Form 10-K. Attached as Schedule III to the Pooling and Servicing Agreement incorporated by reference as Exhibit 4.1 to this Annual Report on Form 10-K is a chart identifying the entities participating in a servicing function for the transaction responsible for each applicable servicing criteria set forth in Item 1122(d).

The reports on assessments of compliance with the servicing criteria for asset-backed securities and related attestation reports on such assessments of compliance with respect to the 100 Church Street Mortgage Loan, which is being serviced and administered pursuant to the pooling and servicing agreement for the WFRBS 2012-C8 Transaction, are attached hereto under Item 15 to this Annual Report on Form 10-K. Attached as Schedule III to the pooling and servicing agreement for the WFRBS 2012-C8 Transaction incorporated by reference as Exhibit 4.2 to this Annual Report on Form 10-K is a chart identifying the entities participating in a servicing function for the WFRBS 2012-C8 Transaction responsible for each applicable servicing criteria set forth in Item 1122(d).

 

Item 1123 of Regulation AB, Servicer Compliance Statement.

 

The servicer compliance statements are attached as Exhibits to this Annual Report on Form 10-K.

 

Part IV

 

Item 15. Exhibits, Financial Statement Schedules

 

(a) The following is a list of documents filed as part of this Annual Report on Form 10-K:

 

(1) Not applicable

 

(2) Not applicable

 

(3) See below

 

4.1 Pooling and Servicing Agreement, dated as of September 1, 2012, by and among Wells Fargo Commercial Mortgage Securities, Inc., as Depositor, Wells Fargo Bank, National Association, as Master Servicer, Rialto Capital Advisors, LLC, as Special Servicer, TriMont Real Estate Advisors, Inc., as Trust Advisor, Wells Fargo Bank, National Association, as Certificate Administrator, as Tax Administrator and as Custodian, and U.S. Bank National Association, as Trustee (filed as Exhibit 4.1 to the registrant’s Current Report on Form 8-K/A filed on October 19, 2012 under Commission File No. 333-172366-04 and incorporated by reference herein).

 

4.2 Pooling and Servicing Agreement, dated as of August 1, 2012, by and among Wells Fargo Commercial Mortgage Securities, Inc., as Depositor, Wells Fargo Bank, National Association, as Master Servicer, Rialto Capital Advisors, LLC, as Special Servicer, Pentalpha Surveillance LLC, as Trust Advisor, Wells Fargo Bank, National Association, as Certificate Administrator, as Tax Administrator and as Custodian, and Deutsche Bank Trust Company Americas, as Trustee (filed as Exhibit 4.1 to the registrant’s Current Report on Form 8-K filed on August 7, 2012 under Commission File No. 333-172366-03 and incorporated by reference herein).

 

31 Rule 13a-14(d)/15d-14(d) Certifications.

 

33 Reports on assessment of compliance with servicing criteria for asset-backed securities.

33.1 Wells Fargo Bank, National Association, as Master Servicer (filed as Exhibit 33.1 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.2 Rialto Capital Advisors, LLC, as Special Servicer (filed as Exhibit 33.2 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.3 Wells Fargo Bank, National Association, as Certificate Administrator (filed as Exhibit 33.3 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.4 Wells Fargo Bank, National Association, as Custodian (filed as Exhibit 33.4 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.5 TriMont Real Estate Advisors, Inc., as Trust Advisor (filed as Exhibit 33.5 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.6 CoreLogic Commercial Real Estate Services, Inc., as Servicing Function Participant

33.7 National Tax Search, LLC, as Servicing Function Participant (filed as Exhibit 33.7 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.8 Wells Fargo Bank, National Association, as Primary Servicer of the 100 Church Street Mortgage Loan (filed as Exhibit 33.1 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.9 Rialto Capital Advisors, LLC, as Special Servicer of the 100 Church Street Mortgage Loan (filed as Exhibit 33.2 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.10 Deutsche Bank Trust Company Americas, as Trustee of the 100 Church Street Mortgage Loan (filed as Exhibit 33.10 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.11 Wells Fargo Bank, National Association, as Certificate Administrator of the 100 Church Street Mortgage Loan (filed as Exhibit 33.3 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.12 Wells Fargo Bank, National Association, as Custodian of the 100 Church Street Mortgage Loan (filed as Exhibit 33.4 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.13 Pentalpha Surveillance LLC, as Trust Advisor of the 100 Church Street Mortgage Loan (filed as Exhibit 33.13 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.14 CoreLogic Commercial Real Estate Services, Inc., as Servicing Function Participant of the 100 Church Street Mortgage Loan (see Exhibit 33.6)

33.15 National Tax Search, LLC, as Servicing Function Participant of the 100 Church Street Mortgage Loan (filed as Exhibit 33.7 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

 

34 Attestation reports on assessment of compliance with servicing criteria for asset-backed securities.

34.1 Wells Fargo Bank, National Association, as Master Servicer (filed as Exhibit 34.1 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.2 Rialto Capital Advisors, LLC, as Special Servicer (filed as Exhibit 34.2 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.3 Wells Fargo Bank, National Association, as Certificate Administrator (filed as Exhibit 34.3 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.4 Wells Fargo Bank, National Association, as Custodian (filed as Exhibit 34.4 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.5 TriMont Real Estate Advisors, Inc., as Trust Advisor (filed as Exhibit 34.5 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.6 CoreLogic Commercial Real Estate Services, Inc., as Servicing Function Participant (filed as Exhibit 34.6 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.7 National Tax Search, LLC, as Servicing Function Participant (filed as Exhibit 34.7 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.8 Wells Fargo Bank, National Association, as Primary Servicer of the 100 Church Street Mortgage Loan (filed as Exhibit 34.1 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.9 Rialto Capital Advisors, LLC, as Special Servicer of the 100 Church Street Mortgage Loan (filed as Exhibit 34.2 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.10 Deutsche Bank Trust Company Americas, as Trustee of the 100 Church Street Mortgage Loan (filed as Exhibit 34.10 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.11 Wells Fargo Bank, National Association, as Certificate Administrator of the 100 Church Street Mortgage Loan (filed as Exhibit 34.3 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.12 Wells Fargo Bank, National Association, as Custodian of the 100 Church Street Mortgage Loan (filed as Exhibit 34.4 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.13 Pentalpha Surveillance LLC, as Trust Advisor of the 100 Church Street Mortgage Loan (filed as Exhibit 34.13 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.14 CoreLogic Commercial Real Estate Services, Inc., as Servicing Function Participant of the 100 Church Street Mortgage Loan (filed as Exhibit 34.6 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.15 National Tax Search, LLC, as Servicing Function Participant of the 100 Church Street Mortgage Loan (filed as Exhibit 34.7 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

 

35 Servicer compliance statements.

35.1 Wells Fargo Bank, National Association, as Master Servicer (filed as Exhibit 35.1 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

35.2 Rialto Capital Advisors, LLC, as Special Servicer (filed as Exhibit 35.2 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

35.3 Wells Fargo Bank, National Association, as Certificate Administrator (filed as Exhibit 35.3 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

35.4 Wells Fargo Bank, National Association, as Primary Servicer of the 100 Church Street Mortgage Loan (filed as Exhibit 35.4 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

35.5 Rialto Capital Advisors, LLC, as Special Servicer of the 100 Church Street Mortgage Loan (filed as Exhibit 35.5 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

35.6 Wells Fargo Bank, National Association, as Certificate Administrator of the 100 Church Street Mortgage Loan (filed as Exhibit 35.6 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

 

99.1 Mortgage Loan Purchase Agreement, dated as of September 19, 2012, between Wells Fargo Commercial Mortgage Securities, Inc. and Wells Fargo Bank, National Association (filed as Exhibit 99.1 to the registrant’s Current Report on Form 8-K/A filed on October 19, 2012 under Commission File No. 333-172366-04 and incorporated by reference herein)

 

99.2 Mortgage Loan Purchase Agreement, dated as of September 19, 2012, among Wells Fargo Commercial Mortgage Securities, Inc., Ladder Capital Finance LLC and Ladder Capital Finance Holdings LLLP (filed as Exhibit 99.3 to the registrant’s Current Report on Form 8-K/A filed on October 19, 2012 under Commission File No. 333-172366-04 and incorporated by reference herein)

 

99.3 Mortgage Loan Purchase Agreement, dated as of September 19, 2012, between Wells Fargo Commercial Mortgage Securities, Inc. and The Royal Bank of Scotland plc (filed as Exhibit 99.2 to the registrant’s Current Report on Form 8-K/A filed on October 19, 2012 under Commission File No. 333-172366-04 and incorporated by reference herein)

 

99.4 Mortgage Loan Purchase Agreement, dated as of September 19, 2012, between Wells Fargo Commercial Mortgage Securities, Inc. and RBS Financial Products Inc. (filed as Exhibit 99.4 to the registrant’s Current Report on Form 8-K/A filed on October 19, 2012 under Commission File No. 333-172366-04 and incorporated by reference herein)

 

(b) The exhibits required to be filed by the Registrant pursuant to Item 601 of Regulation S-K are listed above and in the Exhibit Index that immediately follows the signature page hereof.

 

(c) Not Applicable.

 

SIGNATURES

 

Pursuant to the requirements of Section 13 or 15(d) of the Securities Exchange Act of 1934, the registrant has duly caused this report to be signed on its behalf by the undersigned, thereunto duly authorized.

 

Wells Fargo Commercial Mortgage Securities, Inc.

(Depositor)

 

/s/ Anthony Sfarra

Anthony Sfarra, President

(senior officer in charge of securitization of the depositor)

 

Date: April 5, 2016 

 

Exhibit Index

 

Exhibit No.

 

4.1 Pooling and Servicing Agreement, dated as of September 1, 2012, by and among Wells Fargo Commercial Mortgage Securities, Inc., as Depositor, Wells Fargo Bank, National Association, as Master Servicer, Rialto Capital Advisors, LLC, as Special Servicer, TriMont Real Estate Advisors, Inc., as Trust Advisor, Wells Fargo Bank, National Association, as Certificate Administrator, as Tax Administrator and as Custodian, and U.S. Bank National Association, as Trustee (filed as Exhibit 4.1 to the registrant’s Current Report on Form 8-K/A filed on October 19, 2012 under Commission File No. 333-172366-04 and incorporated by reference herein).

 

4.2 Pooling and Servicing Agreement, dated as of August 1, 2012, by and among Wells Fargo Commercial Mortgage Securities, Inc., as Depositor, Wells Fargo Bank, National Association, as Master Servicer, Rialto Capital Advisors, LLC, as Special Servicer, Pentalpha Surveillance LLC, as Trust Advisor, Wells Fargo Bank, National Association, as Certificate Administrator, as Tax Administrator and as Custodian, and Deutsche Bank Trust Company Americas, as Trustee (filed as Exhibit 4.1 to the registrant’s Current Report on Form 8-K filed on August 7, 2012 under Commission File No. 333-172366-03 and incorporated by reference herein).

 

 

31 Rule 13a-14(d)/15d-14(d) Certifications.

 

33 Reports on assessment of compliance with servicing criteria for asset-backed securities.

33.1 Wells Fargo Bank, National Association, as Master Servicer (filed as Exhibit 33.1 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.2 Rialto Capital Advisors, LLC, as Special Servicer (filed as Exhibit 33.2 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.3 Wells Fargo Bank, National Association, as Certificate Administrator (filed as Exhibit 33.3 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.4 Wells Fargo Bank, National Association, as Custodian (filed as Exhibit 33.4 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.5 TriMont Real Estate Advisors, Inc., as Trust Advisor (filed as Exhibit 33.5 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.6 CoreLogic Commercial Real Estate Services, Inc., as Servicing Function Participant

33.7 National Tax Search, LLC, as Servicing Function Participant (filed as Exhibit 33.7 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.8 Wells Fargo Bank, National Association, as Primary Servicer of the 100 Church Street Mortgage Loan (filed as Exhibit 33.1 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.9 Rialto Capital Advisors, LLC, as Special Servicer of the 100 Church Street Mortgage Loan (filed as Exhibit 33.2 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.10 Deutsche Bank Trust Company Americas, as Trustee of the 100 Church Street Mortgage Loan (filed as Exhibit 33.10 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.11 Wells Fargo Bank, National Association, as Certificate Administrator of the 100 Church Street Mortgage Loan (filed as Exhibit 33.3 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.12 Wells Fargo Bank, National Association, as Custodian of the 100 Church Street Mortgage Loan (filed as Exhibit 33.4 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.13 Pentalpha Surveillance LLC, as Trust Advisor of the 100 Church Street Mortgage Loan (filed as Exhibit 33.13 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

33.14 CoreLogic Commercial Real Estate Services, Inc., as Servicing Function Participant of the 100 Church Street Mortgage Loan (see Exhibit 33.6)

33.15 National Tax Search, LLC, as Servicing Function Participant of the 100 Church Street Mortgage Loan (filed as Exhibit 33.7 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

 

34 Attestation reports on assessment of compliance with servicing criteria for asset-backed securities.

34.1 Wells Fargo Bank, National Association, as Master Servicer (filed as Exhibit 34.1 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.2 Rialto Capital Advisors, LLC, as Special Servicer (filed as Exhibit 34.2 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.3 Wells Fargo Bank, National Association, as Certificate Administrator (filed as Exhibit 34.3 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.4 Wells Fargo Bank, National Association, as Custodian (filed as Exhibit 34.4 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.5 TriMont Real Estate Advisors, Inc., as Trust Advisor (filed as Exhibit 34.5 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.6 CoreLogic Commercial Real Estate Services, Inc., as Servicing Function Participant (filed as Exhibit 34.6 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.7 National Tax Search, LLC, as Servicing Function Participant (filed as Exhibit 34.7 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.8 Wells Fargo Bank, National Association, as Primary Servicer of the 100 Church Street Mortgage Loan (filed as Exhibit 34.1 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.9 Rialto Capital Advisors, LLC, as Special Servicer of the 100 Church Street Mortgage Loan (filed as Exhibit 34.2 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.10 Deutsche Bank Trust Company Americas, as Trustee of the 100 Church Street Mortgage Loan (filed as Exhibit 34.10 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.11 Wells Fargo Bank, National Association, as Certificate Administrator of the 100 Church Street Mortgage Loan (filed as Exhibit 34.3 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.12 Wells Fargo Bank, National Association, as Custodian of the 100 Church Street Mortgage Loan (filed as Exhibit 34.4 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.13 Pentalpha Surveillance LLC, as Trust Advisor of the 100 Church Street Mortgage Loan (filed as Exhibit 34.13 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.14 CoreLogic Commercial Real Estate Services, Inc., as Servicing Function Participant of the 100 Church Street Mortgage Loan (filed as Exhibit 34.6 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

34.15 National Tax Search, LLC, as Servicing Function Participant of the 100 Church Street Mortgage Loan (filed as Exhibit 34.7 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

 

35 Servicer compliance statements.

35.1 Wells Fargo Bank, National Association, as Master Servicer (filed as Exhibit 35.1 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

35.2 Rialto Capital Advisors, LLC, as Special Servicer (filed as Exhibit 35.2 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

35.3 Wells Fargo Bank, National Association, as Certificate Administrator (filed as Exhibit 35.3 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

35.4 Wells Fargo Bank, National Association, as Primary Servicer of the 100 Church Street Mortgage Loan (filed as Exhibit 35.4 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

35.5 Rialto Capital Advisors, LLC, as Special Servicer of the 100 Church Street Mortgage Loan (filed as Exhibit 35.5 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

35.6 Wells Fargo Bank, National Association, as Certificate Administrator of the 100 Church Street Mortgage Loan (filed as Exhibit 35.6 to the Original 10-K under Commission File No. 333-172366-04 and incorporated by reference herein)

 

99.1 Mortgage Loan Purchase Agreement, dated as of September 19, 2012, between Wells Fargo Commercial Mortgage Securities, Inc. and Wells Fargo Bank, National Association (filed as Exhibit 99.1 to the registrant’s Current Report on Form 8-K/A filed on October 19, 2012 under Commission File No. 333-172366-04 and incorporated by reference herein)

 

99.2 Mortgage Loan Purchase Agreement, dated as of September 19, 2012, among Wells Fargo Commercial Mortgage Securities, Inc., Ladder Capital Finance LLC and Ladder Capital Finance Holdings LLLP (filed as Exhibit 99.3 to the registrant’s Current Report on Form 8-K/A filed on October 19, 2012 under Commission File No. 333-172366-04 and incorporated by reference herein)

 

99.3 Mortgage Loan Purchase Agreement, dated as of September 19, 2012, between Wells Fargo Commercial Mortgage Securities, Inc. and The Royal Bank of Scotland plc (filed as Exhibit 99.2 to the registrant’s Current Report on Form 8-K/A filed on October 19, 2012 under Commission File No. 333-172366-04 and incorporated by reference herein)

 

99.4 Mortgage Loan Purchase Agreement, dated as of September 19, 2012, between Wells Fargo Commercial Mortgage Securities, Inc. and RBS Financial Products Inc. (filed as Exhibit 99.4 to the registrant’s Current Report on Form 8-K/A filed on October 19, 2012 under Commission File No. 333-172366-04 and incorporated by reference herein)

 EX-31 2 wcm12lc5_31.htm 10-K WCM12LC5 201512

EX‑31

 

Rule 13a-14(d)/15d-14(d) Certifications.

 

I, Anthony Sfarra, certify that:

 

 

1.

I have reviewed this report on Form 10-K and all reports on Form 10-D required to be filed in respect of the period covered by this report on Form 10-K of the WFRBS Commercial Mortgage Trust 2012-LC5 (the "Exchange Act periodic reports");

 

2.

Based on my knowledge, the Exchange Act periodic reports, taken as a whole, do not contain any untrue statement of a material fact or omit to state a material fact necessary to make the statements made, in light of the circumstances under which such statements were made, not misleading with respect to the period covered by this report;

 

3.

Based on my knowledge, all of the distribution, servicing and other information required to be provided under Form 10-D for the period covered by this report is included in the Exchange Act periodic reports;

 

4.

Based on my knowledge and the servicer compliance statements required in this report under Item 1123 of Regulation AB, and except as disclosed in the Exchange Act periodic reports, the servicers have fulfilled their obligations under the servicing agreements in all material respects; and

 

5.

All of the reports on assessment of compliance with servicing criteria for asset-backed securities and their related attestation reports on assessment of compliance with servicing criteria for asset-backed securities required to be included in this report in accordance with Item 1122 of Regulation AB and Exchange Act Rules 13a-18 and 15d-18 have been included as an exhibit to this report, except as otherwise disclosed in this report. Any material instances of noncompliance described in such reports have been disclosed in this report on Form 10-K.

 

In giving the certifications above, I have reasonably relied on information provided to me by the following unaffiliated parties:

Rialto Capital Advisors, LLC, as Special Servicer, U.S. Bank National Association, as Trustee, TriMont Real Estate Advisors, Inc., as Trust Advisor, CoreLogic Commercial Real Estate Services, Inc., as Servicing Function Participant, National Tax Search, LLC, as Servicing Function Participant, Rialto Capital Advisors, LLC, as Special Servicer for the 100 Church Street Mortgage Loan, Deutsche Bank Trust Company Americas, as Trustee for the 100 Church Street Mortgage Loan, Pentalpha Surveillance LLC, as Trust Advisor for the 100 Church Street Mortgage Loan, CoreLogic Commercial Real Estate Services, Inc., as Servicing Function Participant for the 100 Church Street Mortgage Loan, and National Tax Search, LLC, as Servicing Function Participant for the 100 Church Street Mortgage Loan.

 

Dated: April 5, 2016

 

/s/ Anthony Sfarra

President

(senior officer in charge of securitization of the depositor)

 EX-33.6 3 wcm12lc5_33-6.htm 10-K WCM12LC5 201512

EX‑33.6

 

(logo) CoreLogic

1 Corelogic Drive

Westlake, TX 76262

corelogic.com

 

 

REPORT ON ASSESSMENT OF COMPLIANCE

 

 

CoreLogic Commercial Real Estate Services, Inc. (the "Asserting Party"), an indirect subsidiary of CoreLogic, Inc, is responsible for assessing compliance as of December 31, 2015, and for the period from January l, 2015 through December 31, 2015 (the "Reporting Period") with the applicable servicing criteria set forth in Title 17, Sections 229 as identified in Appendix A (the "Applicable Servicing Criteria"). The servicing activities covered by this report include all loans for commercial mortgage loan outsourcing customers for which the Asserting Party served as the commercial tax service provider (the "Platform").

 

The Asserting Party has assessed its compliance with the Applicable Servicing Criteria for the Reporting Period and has concluded that the Asserting Party has complied, in all material respects, with the Applicable Servicing Criteria as of December 31, 2015, and for the Reporting Period with respect to the Platform taken as a whole.

 

PricewaterhouseCoopers LLP, an independent registered public accounting firm, has issued an attestation report on the assessment of compliance with the Applicable Servicing Criteria as of December 31, 2015, and for the Reporting Period.

 

 

CORELOGIC COMMERCIAL REAL ESTATE SERVICES, INC.

 

/s/ Vicki Chenault

Vicki Chenault,

Senior Vice President

February 4, 2016

 

 

APPENDIX A

 

SERVICING CRITERIA for TITLE 17, SECTION 229

 

 

REFERENCE

 

 

CRITERIA

Applicable

Servicing Criteria

Inapplicable

Servicing Criteria

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.

 

 

X

 

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.

 

 

X

1122(d)(1)(iii)

Any requirements in the transaction agreements to maintain a back‐up servicer for the mortgage loans are maintained.

 

X

 

 

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.

 

 

X

 

1122(d)(1)(v)

Aggregation of information, as applicable, is mathematically accurate and the information conveyed accurately reflects the information.

 

X

 

CASH COLLECTION AND ADMINISTRATION

 

 

1122(d)(2)(i)

Payments on mortgage loans 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.

 

 

 

X

1122(d)(2)(ii)

Disbursements made via wire transfer on behalf of an obligor or to an investor are made only by the authorized personnel.

X(i)

 

 

 

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.

 

 

 

X

 

 

1122(d)(2)(iv)

The related accounts for the transaction, such as cash reserve accounts or accounts established as a form of over collateralization, are separately maintained (e.g., with respect to commingling of cash) as set forth in the transaction agreements.

 

 

 

X

 

 

 

 

1122(d)(2)(v)

Eash 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 13‐k‐1(b)(1) of the Securities Exchange Act.

 

 

 

 

X

 

1122(d)(2)(vi)

Unissued checks are safeguarded so as to prevent unauthorized access.

X

 

 

 

 

 

 

 

 

1122(d)(2)(vii)

Reconciliations are prepared on a monthly basis for all assetbacked 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.

 

 

 

 

 

 

 

X

 

 

SERVICING CRITERIA for TITLE 17, SECTION 229

 

 

REFERENCE

 

 

CRITERIA

Applicable

Servicing Criteria

Inapplicable

Servicing Criteria

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 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 mortgage loans serviced by the Servicer.

 

 

 

 

 

 

 

X

 

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.

 

 

X

 

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 specfied in the transaction agreements.

 

 

X

 

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.

 

 

X

POOL ASSET ADMINISTRATION

1122(d)(4)(i)

Collateral or security on mortgage loans is maintained as required by the transaction agreements or related mortgage loan documents.

 

X

1122(d)(4)(ii)

Mortgage loan and related documents are safeguarded as required by the transaction agreements.

 

X

 

1122(d)(4)(iii)

Any additions, removals or substitutions to the asset pool are made, reviewed and approved in the accordance with any conditions or requirements in the transaction agreements.

 

 

X

 

 

 

 

1122(d)(4)(iv)

Payments on mortgage loans, including any payoffs, made in accordance with the related mortgage loan 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 mortgage loan documents.

 

 

 

 

 

X

1122(d)(4)(v)

The Servicer's records regarding the mortgage loans agree with the Servicer's records with respect to an obligor's unpaid principal balance.

 

X

 

 

1122(d)(4)(vi)

Changes with respect to the terms or status of an obligor's mortgage loans (e.g., loan modifications or re‐agings) are made, reviewed and approved by authorized personnel in accordance with the transaction agreements and related pool asset documents.

 

 

 

X

 

 

 

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.

 

 

 

 

X

 

 

 

 

 

 

1122(d)(4)(viii)

Records documenting collection efforts are maintained during the period a mortgage loan 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 mortgage loans including, for example, phone calls, letters and payment rescheduling plans in cases where delinquency is deemed temporary (e.g., illness or unemployment).

 

 

 

 

 

 

 

X

 

SERVICING CRITERIA for TITLE 17, SECTION 229

 

 

REFERENCE

 

 

CRITERIA

Applicable

Servicing Criteria

Inapplicable

Servicing Criteria

 

1122(d)(4)(ix)

Adjustments to interest rates or rates of return for mortgage loans with variable rates are computed based on the related mortgage loan documents.

 

X

 

 

 

 

 

 

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 mortgage loan 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 mortgage loan documents and state laws; and (C ) such funds are returned to the obligor within 30 calendar days of full repayment of the related mortgage loans, or such other number of days specified in the transaction agreements.

 

 

 

 

 

 

 

X

 

 

 

 

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.

 

 

 

 

X

 

 

 

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.

 

 

X

 

 

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 agreement.

 

X(ii)

 

1122(d)(4)(xiv)

Delinquencies, charge‐offs and uncollectible accounts are recognized and recorded in accordance with the transaction agreements.

 

X

 

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.

 

 

X

 

(i) – All wires issued by CoreLogic from client custodial accounts are made by authorized CoreLogic personnel.

 

(ii) – In certaininstances Corelogic has the responsibility for posting disbursements related to tax payments made on behalf of an obligor to the obligor's records maintained by the servicer within two business days, or such other numberof days specified by the contract with the servicer. In other instances, Corelogic is not responsible for posting disbursements related to tax payments made on behalfof an obligor to the obligor's records maintained by the servicer.In such instances, Corelogic provides information regarding disbursements related to tax payments made on behalf of an obligor to the servicers within two business days, or such other number of days specified by the contract with the servicer.