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SECURITIES AND EXCHANGE COMMISSION
Washington, D.C. 20549
Form 8-K
CURRENT REPORT
Pursuant to Section 13 or 15(d) of the
Securities Exchange Act of 1934
Date of Report (Date of earliest event reported) December 27, 2001
Residential Asset Funding Corporation
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(Exact name of registrant as specified in its charter)
North Carolina 333-53168 56-2064715
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(State or Other Jurisdiction of Incorporation) (Commission File Number) (I.R.S. Employer
Identification No.)
301 South College Street, DC-06
Charlotte, North Carolina 28288-0610
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(Address of Principal Executive Offices) (Zip Code)
Registrant's telephone number, including area code (704) 374-4868
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No Change
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(Former name or former address, if changed since last report)
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Item 2. Acquisition or Disposition of Assets
Description of the Certificates and the Mortgage Loans
Residential Asset Funding Corporation registered issuances of
up to $4,500,000,000 principal amount of Asset-Backed Certificates on a delayed
or continuous basis pursuant to Rule 415 under the Securities Act of 1933, as
amended (the "Act"), by the Registration Statement on Form S-3 (Registration
File No. 333-53168) (the "Registration Statement"). Pursuant to the Registration
Statement, RAFC Asset-Backed Trust 2001-1 (the "Issuer") issued $838,057,000 in
aggregate principal amount of its Asset-Backed Certificates, Class A-1, Class
A-2, Class A-3, Class M-1, Class M-2 and Class B-1 (the "Certificates"), on
December 27, 2001. This Current Report on Form 8-K is being filed to satisfy an
undertaking to file copies of certain agreements executed in connection with the
issuance of the Certificates.
The Certificates were issued pursuant to a Pooling and
Servicing Agreement (the "Agreement") attached hereto as Exhibit 4.1, dated as
of November 30, 2001, among Residential Asset Funding Corporation, as depositor
(the "Depositor"), Citibank, N.A., as trustee (the "Trustee"), HomEq Servicing
Corporation, as servicer (the "Servicer"), First Union National Bank, as
custodian and certificate administrator (the "Custodian" and the "Certificate
Administrator") and RAFC Transferor Trust, as transferor (the "Transferor"). The
Certificates represent beneficial ownership interests in a pool of mortgage
loans and certain related property.
As of December 19, 2001, the Mortgage Loans possessed the
characteristics described in the Prospectus dated October 30, 2001 and the
Prospectus Supplement dated December 19, 2001 filed pursuant to Rule 424(b)(5)
of the Act on December 27, 2001.
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Item 7. Financial Statements, Pro Forma Financial Information and
Exhibits.
(a) Not applicable
(b) Not applicable
(c) Exhibit 1.1. Underwriting Agreement, dated December 19, 2001,
among Residential Asset Funding Corporation, as depositor
(the "Depositor"), First Union National Bank, as the seller
(the "Seller") and First Union Securities, Inc., as the
representative of the underwriters (the "Underwriters").
Exhibit 4.1. Pooling and Servicing Agreement, dated as of
November 30, 2001, among the Depositor, Citibank, N.A., as
trustee (the "Trustee"), HomEq Servicing Corporation, as
servicer (the "Servicer"), First Union National Bank, as
custodian and certificate administrator (the "Custodian" and
the "Certificate Administrator") and RAFC Transferor Trust, as
transferor (the "Transferor").
Exhibit 8.1. Opinion of Dewey Ballantine LLP regarding tax
matters, dated December 27, 2001.
Exhibit 10.1. Loan Purchase Agreement, dated as of November
30, 2001, among the Seller, the Transferor, the Certificate
Administrator and the Trustee.
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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.
RESIDENTIAL ASSET FUNDING CORPORATION,
as Depositor and on behalf of the
RAFC Asset-Backed Trust 2001-1
Registrant
By: /s/ Robert J. Perret
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Name: Robert J. Perret
Title: Director
Dated: January 2, 2002
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EXHIBIT INDEX
Exhibit No. Description
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Exhibit 1.1. Underwriting Agreement, dated December 19, 2001,
among Residential Asset Funding Corporation, as
depositor (the "Depositor"), First Union National Bank,
as the seller (the "Seller") and First Union Securities,
Inc., as the representative of the underwriters
(the "Underwriters").
Exhibit 4.1. Pooling and Servicing Agreement, dated as of November 30,
2001, among the Depositor, Citibank, N.A., as trustee
(the "Trustee"), HomEq Servicing Corporation, as
servicer (the "Servicer"), First Union National Bank,
as custodian and certificate administrator (the
"Custodian" and the "Certificate Administrator") and
RAFC Transferor Trust, as transferor (the
"Transferor").
Exhibit 8.1. Opinion of Dewey Ballantine LLP regarding tax matters,
dated December 27, 2001.
Exhibit 10.1. Loan Purchase Agreement, dated as of November 30, 2001,
among the Seller, the Transferor, the Certificate
Administrator and the Trustee.