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New Residential Investment Corp. said it has received final approval from the U.S. Bankruptcy Court for the Southern District of New York to move forward with its purchase of assets from the ailing Ditech Financial, once a top-ranked agency servicer.

However, it appears the ultimate purchase price of those assets – the largest chunk being Ditech’s agency servicing rights – is in flux.

In a statement, NRIC said final terms “will be determined at the closing of the acquisition based on the tangible book value…”

Back in June, the publicly traded REIT disclosed it had entered into a “stalking horse” asset purchase agreement to acquire most of Ditech’s forward assets, including $63 billion of mortgage servicing rights tied to Fannie Mae, Ginnie Mae and even nonagency product.

The purchase price was quoted at $1 billion but since then interest rates have continued to decline, a negative for MSR values.

A few weeks ago, the judge overseeing the case rejected some of the terms of the settlement, saying the deal interfered with the rights of consumers, that is, mortgagors who were being serviced by Ditech.