BROKER CHECKLIST EXECUTE THE ATTACHED DOCUMENTS LISTED BELOW

Transcription

1 BROKER CHECKLIST EXECUTE THE ATTACHED DOCUMENTS LISTED BELOW Wholesale Loan Broker Application Loan Originator Roster Consumer Authorization and Release (All Officers) AML Anti Money Laundering Consent to Receive Fax and s Signed Mortgage Loan Fraud Policy Statement Completed and Signed W-9 Signed Wholesale Mortgage Agreement Loan Officers Compensation and Anti-Steering Rules Compliance Attestation and Certification Lender Paid Compensation Election PLEASE ATTACH THE FOLLOWING DOCUMENTATION Resumes on All Principal Officers Copies of Licenses Main Office, Branch Office(s) and Loan Originator(s) Copy of State Business License Copy of Articles of Incorporation Copy of Errors & Omissions and Fidelity Bond, If required by State Copy of Unaudited Year to Date P&L and Balance Sheet and/or Recent Audited Financials (Dated within 60 Days) Affiliated Business Disclosure (ABA), if applicable Copy of Quality Control Plan FOR FHA PLEASE ATTACHE THE FOLLOWING Signed FHA Approval Application Signed FHA Addendum to Agreement Sponsored Originators Only Signed FHA-DE Addendum to Agreement For Principal/Authorized Agent Relationship Only Copy of FHA Approval Letter(s), if Applicable Copy of Processor Resume, Sponsored Originator (No HUD Approval) FOR VA PLEASE ATTACH THE FOLLOWING Signed VA Agency Agreement Copy of VA Approval Letter, If applicable Check for $100, Payable to Veterans Administration Please send the completed package to your Account Executive Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 1 of 18

2 BANK/CREDIT UNION CHECKLIST EXECUTE THE ATTACHED DOCUMENTS LISTED BELOW Wholesale Loan Broker Application Loan Originator Roster Consumer Authorization and Release (All Officers) AML Anti Money Laundering Consent to Receive Fax and s Signed Mortgage Loan Fraud Policy Statement Completed and Signed W-9 Signed Wholesale Mortgage Agreement Loan Officers Compensation and Anti-Steering Rules Compliance Attestation and Certification Lender Paid Compensation Election PLEASE ATTACH THE FOLLOWING DOCUMENTATION Copy of Bank Charter Copy of Articles of Incorporation Copy of Licenses (if Applicable) Copy of Errors & Omissions and Fidelity Bond, If required by State Copy of Quality Control Plan FOR FHA PLEASE ATTACHE THE FOLLOWING Signed FHA Approval Application Signed FHA Addendum to Agreement Sponsored Originators Only Signed FHA-DE Addendum to Agreement For Principal/Authorized Agent Relationship Only Copy of FHA Approval Letter(s), if Applicable Copy of Processor Resume, Sponsored Originator (No HUD Approval) FOR VA PLEASE ATTACH THE FOLLOWING Signed VA Agency Agreement Copy of VA Approval Letter, If applicable Check for $100, Payable to Veterans Administration Please send the completed package to your Account Executive Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 2 of 18

3 Wholesale Loan Broker Application Account Executive: Company Information Company Name: DBA (if applicable): Address (Main Office): City, State, Zip: Company NMLS ID#: Tax ID: Phone: Fax: Primary Contact: Primary Address: Ownership - Please list owners and percentage of ownership Individual/Company Name Title Ownership % Principal Officers - Please list all officers. Attach additional page if necessary. Name Title Loan Production - Estimate of the monthly volume (in dollars) of the following loan types Conforming A ALT-A FHA VA Other Financial Information Complete and attach copies of financials as required above Wholesale Loan Broker Application Package Rev. 06/27/2014 Page 3 of 18

4 Net Worth Agency Approval Provide copies of all applicable approval letters Agency Approval Number Date Approved Dept. of Veterans Affairs (VA) Fannie Mae (FNMA) Freddie Mac (FHLMC) Dept. of Housing and Urban Development (HUD) - Initial Dept. of Housing and Urban Development (HUD) - DE Company References Please list a minimum of three (3) Investor Contact Name Phone Monthly Volume Address: Investor Contact Name Phone Monthly Volume Address: Investor Contact Name Phone Monthly Volume Address: Insurance Please complete Type of Insurance Insurance Company Name Aggregate Amount Expiration Date Errors & Omissions Fidelity Bond General Due Diligence Questions 1. Is the company, and/or any principals, corporate officers, partners, directors, managers, supervisors, loan processors, loan underwriters, or loan originators currently suspended, debarred, under a limited denial of participation (LDP), or otherwise restricted under Part 25 of Title 24 of the Code of Federal Regulations, 2 Code of Federal Regulations, Part 180 as implemented by part 2424, or any successor regulations to such parts, or under similar provisions of any other Federal agency? Yes (please provide a detailed explanation) No 2. Is the company, and/or any principals, corporate officers, partners, directors, managers, supervisors, loan processors, loan underwriters, or loan originators subject to any unresolved findings contained in a Department of Housing and Urban Development or other governmental audit, investigation, or review? Yes (please provide a detailed explanation) No 3. Is the company, and/or any principals, corporate officers, partners, directors, managers, supervisors, loan processors, loan underwriters, or loan originators in violation of provisions of the S.A.F.E. Mortgage Licensing Act of 2008 (123 U.S.C et seq.) or any applicable provision of State law? Yes (please provide a detailed explanation) No 4. Has your company, and/or principals or corporate officers ever been sued, reprimanded, censured or had a license revoked or suspended by FHLMC, FNMA, HUD or VA or any other government agency, or private mortgage insurer? Yes (please provide a detailed explanation) No General Due Diligence Questions continued Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 4 of 18

5 5. Has your company, and/or principals, corporate officers, or employees, ever been named as defendant in a felony criminal proceeding/complaint/conviction, or who has plead guilty or nolo contendre, for alleged fraud or misrepresentation in connection with any real estate related activity? Yes (please provide a detailed explanation) No 6. Is the company, and/or principals or corporate officers involved in any legal action that could affect the company s capacity to perform under the broker agreement? Yes (please provide a detailed explanation) No 7. Have any formal complaints, lawsuits, or judgments been filed against the company, and/or principals or corporate officers with any state regulatory agency within the past 3 years? Yes (please provide a detailed explanation) No 8. Has your company, and/or principals or corporate officers, filed for protection from creditors under any provision of the bankruptcy laws within the past 7 years? Yes (please provide a detailed explanation) No 9. Has your company, and/or principals or corporate officers ever been suspended or terminated from selling or servicing mortgages by an investor or another lender? Yes (please disclose the investor/lender and describe the situation) No 10. Has your company made any indemnification to another lender due to loss or potential loss incurred? Yes (please disclose the investor/lender and describe the situation) No 11. Has your company been required to repurchase any mortgage loans from an investor within the last three years? Yes (please provide a detailed explanation) No 12. Will a non-affiliated contract processing company be processing your loans? Yes (please attach an explanation and a copy of your ABA Disclosure) No Non-Affiliated Third Party Contract Processing Company Please complete if applicable Third Party Contract Company Processor s Name Telephone Number License Number 13. Is your company an affiliate of a builder, developer, real estate sales firm, appraisal firm, contract processing company, a firm providing title insurance or closing services, any firm involved in the mortgage insurance industries? Yes (please attach an explanation and a copy of your ABA Disclosure) No Per Checklist, please attach resumes of all principal officers, financial statements (if applicable), insurance binders, copy of broker and originator license(s) and all other required documents. Signature Certification All the information contained in this application and supporting information is true and complete to the best of my knowledge. is authorized to check any sources named herein, perform a background investigation and obtain credit and other information concerning the Broker named herein, its principals, affiliates and employees. Federal law requires financial institutions to verify the identity of each person with whom they conduct business. will verify your identity using the information provided on this application and other application documents. In some instances, we may request additional information. Please see Section 9.18 of our Wholesale Mortgage Broker Agreement for more details. Principal Officer or Owner Signature Date Printed Name with Title Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 5 of 18

6 Loan Officer Roster Name NMLS ID# State State License # Address Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 6 of 18

7 AUTHORIZATION / RELEASE FOR BUSINESSES AND PROFESSIONALS (the Applicant ) acknowledges that it is in the best interest of both Applicant and (the Mortgage Lender ) for Mortgage Lender to perform due diligence concerning Applicant s background and experience. Applicant further acknowledges that Applicant benefits from the efficiencies in the due diligence process that are possible when Mortgage Lender and other similarly-situated entities in the mortgage industry exchange information about their experiences in doing business with professionals/entities such as Applicant. Therefore, Applicant hereby consents and gives Mortgage Lender permission to obtain information about Applicant s company and any and all employees/contractors of that company including, but not limited to, professional history information, criminal record information, credit information and other public record information. Applicant understands that Mortgage Lender performs quality control reviews of the loans that Applicant submits to Mortgage Lender for registration, review, underwriting, and/or purchase. Applicant understands and hereby consents to the release of information about any loan application that is believed to contain misrepresentations and/or irregularities. Applicant agrees and gives its consent that it and its employees may be named as the originating entity or loan officers on such loans, whether or not Applicant or its employees is implicated in the alleged misrepresentations and/or irregularities. Applicant hereby releases and agrees to hold harmless Mortgage Lender, ChoicePoint Public Records Inc. d/b/a Mortgage Asset Research Institute ( MARI ), all MARI subscribers, and any trade associations that endorse MARI s mortgage fraud alert products from any and all liability for damages, losses, costs, and expenses that may arise from the reporting or use of any information submitted by Mortgage Lender or any other MARI subscriber to Mortgage Asset Research Institute, Inc., recorded in MARI s MIDEX database, and used in any way by Mortgage Lender or any other MARI subscriber. By signing below, Applicant also hereby authorizes Mortgage Lender to obtain personal consumer reports/credit information (herein after referred to as Report ) from one or more of the three national credit repositories (Equifax, Experian, Trans Union) so that Mortgage Lender can use the Report for the following purpose: Approving Wholesale Broker Application. This authorization is intended to comply with a consumer report request as set forth in 15 U.S.C. 1681b(a)(2). Full Name: Home Address: City: State: Zip: Date of Birth: Social Security Number: Signature: Full Name: Home Address: City: State: Zip: Date of Birth: Social Security Number: Signature: Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 7 of 18

8 Wholesale Loan Broker Application Package Rev. 06/27/2014 Page 8 of 18

9 Consent to Receive Telephone, Facsimile and Communications (Company), whose address is:, does hereby give its express consent to receive telephone calls and messages, facsimile transmissions and electronic messages such as (hereafter referred to as Communications ) from, and its employees, parents, subsidiaries, affiliates, agents, vendors and/or assigns (hereafter collectively referred to as Lender ), including but not limited to, those Communications that may constitute advertisements of the various loan programs, products and/or services offered from time to time by Lender. This authorization extends to all employees, agents, Loan Originators and contractors of Company. This consent shall remain in effect until it is revoked in writing and delivered to Lender at Four Points Drive Building 1, Suite 200 Austin, TX 78726; after which the consent shall remain in effect until all pending business matters are resolved between Company and Lender. Broker Company Name Signature Printed Name and Title Date Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 9 of 18

10 Mortgage Loan Fraud Policy Statement ( 360MG ) takes mortgage loan fraud and all types of fraud, VERY SERIOUSLY. Brokers of 360MG should be advised that they bear responsibility for all actions, performed in the course of business, of their employees or licensees. Mortgage loan fraud and misrepresentation may occur in many forms. The following are some of the most common examples: 1. Submission of inaccurate information, including false statements on loan applications and falsification of documents purporting to substantiate credit, employment, deposit and asset information or personal information including identity, ownership/non-ownership of real property, etc. 2. Forgery or misrepresentation of partially or predominately inaccurate information. 3. Inaccurate representation of current occupancy or intent to maintain required occupancy as agreed in the security instrument. 4. Lack of due diligence or concern by broker, loan officer, interviewer, or processor, including failure to obtain all information required by the application and failure to request further information as dictated by borrowers response to other questions. a. Unquestioned acceptance of information or documentation, which is known, should be known, or should be suspected as inaccurate. b. Simultaneous or consecutive processing of multiple owner-occupied loans from one applicant on multiple properties, or from one applicant supplying different information on each application. c. Allowing an applicant or interested third party to assist with the processing of the loan. d. Failure of broker to disclose any relevant or pertinent information. Consequences of Mortgage Loan Fraud The consequences of mortgage loan fraud are far-reaching and expensive. 360MG warrants the quality of our mortgage loans to our investors. Fraudulent mortgage loans damage our reputation and strain our relationships with our investors and mortgage insurance providers. The consequences to those who participate in mortgage loan fraud are more severe and can happen on a state and/or federal level. The following is a list of a few of the repercussions that may be experienced: To Broker: 1. Criminal Prosecution, which may result in possible fines and imprisonment. 2. Revocation of Broker s license. 3. Loss of lender access caused by the exchange of legally permissible information between lenders, mortgage insurance companies, FNMA, FHLMC, police agencies, federal and state regulatory agencies, including any applicable state licensing agency. 4. Civil action by 360MG or applicant/borrower and/or other parties to the transaction. 5. Repurchase of fraudulent mortgage loan and loss of broker approval with 360MG. To Applicant/Borrower: 1. Acceleration of debt as mandated in the security instrument (Deed of Trust/Mortgage). 2. Criminal Prosecution, which may result in possible fines and imprisonment. 3. Civil action by 360MG or other parties to the transaction. 4. Employment termination. 5. Loss of any professional license. 6. Adverse, long term effect on credit history. The submission of a loan application containing false or misrepresented information is a FEDERAL CRIME. We intend to report people that commit mortgage loan fraud to the appropriate state and/or federal agencies and we intend to recover any damages caused to 360MG from the persons that commit mortgage loan fraud. By signing below, I acknowledge that I have read and fully understand 360MG s Mortgage Loan Fraud Policy. Broker Company Name Signature Wholesale Loan Broker Application Package Rev. 06/27/2014 Date Printed Name and Title 360 Mortgage Group, LLC Page 10 of 18

11 Loan Officer Compensation and Anti-Steering Rules Compliance Attestation and Certification By entering into a Wholesale Broker Agreement with ( 360 MG ), ( Broker ) made certain representations, warranties and covenants to 360 MG regarding the Broker s compliance with various laws in its origination of mortgage loans submitted to 360 MG, including, but not limited to, various state and local laws as well as the Equal Credit Opportunity Act and Regulation B, RESPA and Regulation X, the Truth In Lending Act, The Homeownership and Equity Protection Act and Regulation Z. By signing below, broker acknowledges awareness and understanding of the final rules regarding loan originator compensation and anti-steering (the LO COMP RULE ), which was issued by the Federal Reserve Board and amends Regulation Z, which implements the Truth in Lending Act and the Home Ownership Equity Protection Act. Broker further certifies to the following: Broker further certifies to the following: Broker has adopted policies and procedures to comply with the LO Comp Rule Broker has established compensation agreements with its loan originators (as defined by the LO Comp Rule and Official Staff Commentary) and attests that no loan originator will be compensated based on any term or condition (as defined by the LO Comp Rule and Official Staff Commentary) of the mortgage loan Broker will be compensated by one party, either 360 MG or the consumer, but not both parties on a mortgage loan Broker has the proper controls in place to ensure that no consumer will be steered to a product or program on the basis of increased compensation to the loan originator Broker will use an Anti-Steering/Safe Harbor disclosure for all required mortgage loans to demonstrate compliance with the anti-steering provisions of the LO Comp Rule Broker Company NMLS ID# Signature of Broker of Record or Authorized Signer Date Print Name Title Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 11 of 18

12 Initial Lender Paid Compensation Plan Election Company Name: Owner or Principal Officer: Primary Company Address for Elections Fixed Percent: Range: % in.25% increments Floor Compensation (Optional): Minimum Maximum: $3,000 Ceiling Compensation (Optional): Maximum Minimum $2,000 Principal Officer or Owner Signature Printed Name with Title Date Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 12 of 18

13 FHA Approval Application This FHA Approval Application must be completed by those applicants that wish to obtain approval to originate FHA loans with ( 360 MG ) as a Sponsored Originator or Principal. Applicant Company Name: ( Company ) Please complete the appropriate section (A, B or C) - only one section should be completed Section A - Sponsored Originator (no HUD approval) Complete if Company did not have HUD approval prior to January 1 st, Eligibility Requirements: To be eligible for FHA approval with 360 MG, the Company must have at least one full-time processor on staff (W-2 employee) with at least 2 years current FHA experience. Processor Information Processor Name: Office Street Address: Office City, State, Zip: Office Phone: NMLS ID (if applicable): Processor References Please list a minimum of three (3) Company Name Contact Name Phone Attach copy of Processor s Resume Sign FHA Addendum to Agreement Copy of Quality Control Plan Section B Sponsored Originator (HUD approval) Complete only if Company had HUD approval prior to January 1 st, HUD Approval Number: Approval Date: Provide a copy of HUD Approval letter Sign FHA Addendum to Agreement Provide Copy of Quality Control Plan Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 13 of 18

14 Section C Principal/Authorized Agent Relationship Complete only if Company currently has unconditional DE or HECM approval with HUD HUD Approval Number: Initial Approval Date: DE Approval Date: Provide copy of both initial HUD Approval and unconditional DE Approval letters Sign FHA-DE Addendum to Agreement Provide copy of Quality Control Plan Signature Certification All the information contained in this FHA Approval Application and supporting information is true and complete to the best of my knowledge. is authorized to check any sources named herein, perform a background investigation and obtain credit and other information concerning the Broker named herein, its principals, affiliates and employees. Federal law requires financial institutions to verify the identity of each person with whom they conduct business. will verify your identity using the information provided on this application and other application documents. In some instances, we may request additional information. Please see Section 9.18 of our Wholesale Mortgage Broker Agreement for more details. By signing below, I also certify that the Company is currently in compliance with the employee requirements outlined in HUD Handbook , Chapter 2-9. Principal Officer or Owner Signature Date Printed Name with Title Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 14 of 18

15 FHA ADDENDUM TO WHOLESALE MORTGAGE BROKER AGREEMENT This Addendum to the Wholesale Mortgage Broker Agreement ( Agreement ) is incorporated by reference into the Agreement between ( Lender ) and ( Broker ) and is applicable to the origination of mortgage application packages for mortgage loans insured by the Department of Housing and Urban Development ( HUD ) through the Direct Endorsement Program under Sections 203(b) and 234(c) of Title 24 of the Code of Federal Regulations ( FHA Loans ) by and between Lender (hereafter sometimes referred to as Sponsoring Mortgagee ) and Broker (hereafter sometimes referred to as Sponsored Originator ). This Addendum shall serve as the written agreement between Sponsoring Mortgagee and Sponsored Originator for FHA Loans and both Sponsoring Mortgagee and Sponsored Originator agree to maintain a copy of this Addendum and the Agreement in their files. For FHA Loans, the Sponsoring Mortgagee and Sponsored Originator hereby agree to the following procedures: 1. Broker, as Sponsored Originator shall take the application and originate the FHA Loan under the customary wholesale procedures between Broker and Lender to include providing all upfront disclosures, as required by state and federal law, as well as any applicable upfront FHA disclosures. 2. Broker, as Sponsored Originator, shall process and submit to Lender, as Sponsoring Mortgagee, applications for FHA Loans to be underwritten by Sponsoring Mortgagee, under the customary wholesale procedures between Broker and Lender and in accordance with HUD guidelines for FHA Loans. 3. Sponsoring Mortgagee agrees to fund FHA Loans which meet Sponsoring Mortgagee s then-current underwriting criteria and which meet all requirements for insurance under HUD s Direct Endorsement program. 4. FHA Loans shall be closed in the name of the Sponsoring Mortgagee in accordance with Federal, State and Local requirements as well as HUD guidelines for FHA Loans. Sponsored Originator acknowledges that Sponsoring Mortgagee will, from time to time, conduct onsite visits to ensure Sponsored Originator s operations are adequate to originate FHA loans. Sponsored Originator represents and warrants to Sponsoring Mortgagee that a minimum of 70% of FHA Loans submitted to Sponsoring Mortgagee result in an Underwriting Approval and that a minimum of 70% of those FHA Loans will be closed and funded with Sponsoring Mortgagee. If the aforementioned requirements are not met, Sponsoring Mortgagee reserves the right to suspend or terminate the Sponsored Originator s ability to submit FHA Loans to Sponsoring Mortgagee. Nothing in this Addendum shall be construed to establish an exclusive arrangement between the Sponsoring Mortgagee and Sponsored Originator. To the extent of any conflict between the Agreement and this Addendum, this Addendum shall prevail. IN WITNESS WHEREOF, the parties have freely entered into this Addendum as of the date first set forth above. Broker Officer Signature Title Date Officer Signature Title Date Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 15 of 18

16 VA AGENCY AGREEMENT This Agency Agreement (the Agreement ) is entered into as of 20 between 360 Mortgage Group, LLC, (hereinafter known as the Lender ) and (hereinafter known as the Agent ) WITNESSETH: WHEREAS, Agent desires to submit to Lender from time to time certain real estate mortgage loans, designated below as mortgage loan or as loan and collectively as mortgage loans or loans, and, WHEREAS, the parties desire to enter into this agreement in order to cover the terms and conditions of such transactions, NOW, THEREFORE, it is covenanted and agreed as follows: 1. This Agreement is intended to cover loans originated by the Agent, closed by the Lender, and guaranteed or intended to be guaranteed by the Department of Veterans Affairs (the VA ). 2. Agent shall submit to Lender as available, applications for mortgage loans, of the kinds and types, and on such terms and conditions, as Lender may from time to time prescribe. Upon receipt of any such applications, Lender may issue its responsive commitment letter or other indication of approval to Agent, stating the further conditions, if any, subject to which the application is being accepted. Lender shall remit or pay for each loan closed, subject to all essential loan documents having been received, examined and approved by its counsel, as being consistent and in compliance with the conditions of the commitment or other approval. Loan applications may be locked in the manner prescribed by Lender from time to time at the rate of interest and discount points offered by the Lender as in effect at the time the application is locked with the Lender. The Lender confirms that it shall honor those locked-in-loan applications received from the Agent in the manner described herein. 3. Agent shall be the originator of all loans originated under this Agreement, and shall register the loans with the Lender in advance of delivery of said loans. The Agent covenants to inform the Lender of any lock-in regarding rate and/or discounts points at the time the loan is locked-in. The Agent shall conduct a face-to-face interview with each mortgage loan applicant and shall have applicant execute appropriate disclosures and authorizations for development of credit and income history. 4. This Agreement is not assignable or transferable by the Agent. 5. Agent agrees to pay $ or such fee that VA prescribes, annually for the fee due to the VA for the right to act as an authorized agent hereunder. 6. Agent agrees that, for each loan submitted hereunder to Lender pursuant to the Agreement: a. Agent will reasonably and in a timely manner comply with all requests from Lender for additional information and/or documentation necessary to enable Lender to close and sell the loan. b. All representations and warranties of Agent contained in this Agreement shall be true and correct. c. Agent shall have performed and complied with all covenants and agreements contained in this Agreement. 7. With respect to each loan, Agent hereby represents and warrants that: Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 16 of 18

17 a. Each loan was entered into for fair consideration, in the ordinary course of business, and has been made in compliance with all applicable federal and state statutes and regulations, including but not limited to, the Federal Consumer Protection Act, the Truthin-Lending Act, the Equal Credit Opportunities Act, and regulations promulgated there under, and statutes and regulations governing fraud, lack of consideration, unconscionably, consumer credit transactions and interest charges; b. Agent does not know of any suit, action, arbitration, or legal, administrative or other proceeding pending or threatened against Agent that would affect is ability to perform its obligations under the Agreement: c. All documents submitted to Lender in connection with the loan applications are in every respect valid and genuine, being what on their face they purport to be, and all information submitted in connection with each such loan application is true and accurate; d. Agent has no knowledge that any improvement located on or being part of the mortgaged property is in violation of any applicable zoning law or regulation; and e. Agent has made all disclosures required by state and federal law as applicable at the time of loan application. 8. Lender hereby warrants and represents that: a. It has the authority to accept for closing the loan applications received from Agent; b. This Agreement and all actions provided for herein have been duly authorized by the Lender s Board of Directors and lender takes full responsibility for all acts, errors, or omissions of its agents and agents employees. 9. All notices required or desired to be given pursuant to this Agreement shall be deemed sufficient if given in writing, delivered personally or sent by Certified Mail, return receipt requested, postage prepaid, addressed as follows: If to Lender; Four Points Drive Building 1, Suite 200 Austin, TX Attn: Broker Approval Department If to Agent: Address: City State Zip: Attn: 10. Subject to authorization by VA and by Lender, Agent shall be entitled to submit applications for loans secured by properties located in the following state(s): 11. Agents responsibilities under this Agency Agreement shall include the functions indicated below: ( ) Taking loan applications ( ) Issuing lock-ins and commitments consistent with this Agreement ( ) Processing loan applications ( ) Closing loans (correspondents only) ( ) Other: 12. This Agreement supplements the terms of the Wholesale Lending Agreement between the parties and may be modified only by means of written amendment executed by each of the parties hereto. Except for the first four (4) VA loans submitted to and closed by the Lender, the Agent hereby agrees that the Department of Veterans Affairs must recognize the Agency relationship Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 17 of 18

18 prior to any additional VA applications being closed by the Lender. The Lender and Agent shall retain evidence in writing from the Department of Veterans Affairs that the relationship between the Agent and is in full force and effect. Lender: By: Title: Agent: By: Title: Wholesale Loan Broker Application Package Rev. 06/27/ Mortgage Group, LLC Page 18 of 18

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23 Wholesale Mortgage Broker Agreement This agreement (the Agreement ) is entered into as of this day of, 20, by and between ( Lender ), a Delaware Limited Liability Company having its principal office at Four Points Drive Building 1, Suite 200 Austin, TX 78726, and the undersigned broker ( Broker ) having its principal office at. Lender and Broker cumulatively referred to as Parties (or the Parties ). RECITALS Broker is in the business of taking applications for residential mortgage loans secured by a first or subordinate lien on a one to four family dwelling ( Mortgage Loan ); Broker is in the business of aiding and assisting applicants in pre-qualification for mortgage loans, choosing a mortgage product and completing applications and processing those applications on behalf of others; and Broker desires to submit to Lender, from time to time, on a non-exclusive basis, applications for mortgage loans, such loans to be underwritten, (and if approved) closed and funded by Lender pursuant to the terms of this Agreement. Broker desires to submit Mortgage Loans to Lender, from time to time, on a non-exclusive basis, utilizing underwriting guidelines as identified by the Federal National Mortgage Association, Federal Home Loan Mortgage Corporation, Federal Housing Administration, Veterans Affairs or US Department of Agriculture (herein referred to cumulatively as GSE ) pursuant to the terms of this Agreement. Lender is in the business of underwriting, closing and funding Mortgage Loans from third party originators such as mortgage brokers. ARTICLE 1 ELIGIBLE LOANS; PRICING 1.1 MORTGAGE LOAN PROGRAMS. Lender shall from time to time, distribute to Broker information with respect to the types of Mortgage Loan applications it is willing to accept along with the methods in which Mortgage Loans may be transmitted. For purposes of this Agreement the term submits, shall have the same meaning as the term Register. Lender will fund only those Mortgage loan applications eligible for the Mortgage Loan Programs offered by Lender. Broker acknowledges that Lender reserves the right to alter, add, or delete Mortgage loan Programs from time to time and Broker accepts responsibility for knowing which Mortgage Loan Programs are offered by Lender at any given time. Broker shall be responsible for assuring that each Mortgage loan application submitted complies with all the terms and conditions of Lender s Mortgage loan Program. 1.2 MORTGAGE LOAN PRICING. Lender shall issue to Broker on a periodic basis, pricing information ( Pricing Sheet ) applicable to Mortgage Loan Programs it offers. Such pricing information is subject to change without notice and is determined solely at the Lender s discretion. Broker shall comply with the guidelines contained in the Pricing Sheet concerning documentation, interest rates and lock-ins which apply to the particular Mortgage loan Program offered by Lender. Wholesale Mortgage Broker Agreement Rev. 12/01/14 Page 1 of 12

24 ARTICLE 2 DUTIES OF BROKER 2.1 TAKING OF APPLICATIONS/DISCLOSURES. Broker shall take applications for Mortgage Loans at its offices in its own name through its employees. Broker shall provide to each person or persons who submits an application that is to be submitted to Lender, contemporaneously with the taking of the application, broker disclosure(s) that comply with applicable laws. Broker may not submit third party originations to Lender under this Agreement. 2.2 REGISTRATION APPLICATION. Broker shall submit each Mortgage Loan application with Lender in a manner to be communicated to the Broker in writing by the Lender, from time to time. Such methods of communication may include, but are not limited to, electronic, facsimile or written. Broker shall submit for each Mortgage loan application to Lender the fully completed broker disclosure(s) which have been signed as of the date of application by the applicant and the broker or his employee; the application signed by the applicant; and such credit, financial and other information as set forth by the Lender from time to time. Broker shall assist Lender in obtaining any additional information needed by Lender or to otherwise facilitate the underwriting and closing of the loan transaction. 2.3 PERFORMANCE OF BROKER SERVICES. In addition to taking the information from applicant, filling out the application and providing and explaining the broker disclosure(s), Broker shall, for every loan, perform services, including, but not limited to, all of the following: (a) analyzing the applicant s income and debt and pre-qualifying the prospective applicant to determine the maximum Mortgage Loan that the prospective applicant can afford; (b) educating the applicant in the home buying and financing process, advising the applicant about the different types of loan products available, and demonstrating how closing costs and monthly payments would vary under each product; (c) collecting financial information (e.g., tax returns, bank statements) and other related documents that are part of the application process; (d) initiating/ordering VOEs (verifications of Employment() and VODs (verifications of deposits); (e) initiating/ordering requests for mortgage and other loan verifications; (f) initiating/ordering appraisals; (g) initiating/ordering inspections or engineering reports; (h) providing disclosures (Truth in Lending, Good Faith Estimate, others) to prospective applicants as required by Federal and State laws and by any applicable Regulation and by any loan product; (i) assisting applicants in understanding and addressing credit problems; (j) maintaining regular contact with applicants, real estate agents, and Lender between application and closing to apprise them of the status of the application and to gather any additional information as needed; (k) ordering legal documents (e.g., title reports); (l) determining whether the property is located in a flood zone or ordering such service; (m) participating in the loan closing; (n) analyzing the information provided by applicant and confirming that the applicant s application complies with applicable laws and program guidelines; and (o) Providing such other services as may be required by a particular loan transaction. 2.4 BROKER COMPENSATION. Any fee payable to Broker for its provision of goods, services or facilities for certain Mortgage loans, shall be paid in accordance with the terms of the Agreement and applicable law and only in connection with a particular Mortgage loan, if each of the following conditions is met: (a) Broker has actually provided necessary goods, services and/or facilities in connection with the Mortgage loan; Wholesale Mortgage Broker Agreement Rev. 12/01/14 Page 2 of 12

25 (b) Broker is in compliance with all applicable federal, state and local laws and regulations and all terms of this Agreement and has submitted fully executed copies of all required disclosures with the Mortgage loan application; (c) Broker has submitted an executed Mortgage Loan origination agreement between Broker and applicant that satisfies the requirements of applicable law; (d) With respect to each application, Broker and applicant have completed and executed a Good Faith Estimate ( GFE ) which complies with the Real Estate Settlement Procedures Act and contains all applicable fees and charges and itemizes the dollar amount of compensation that will be paid to the Broker. Lender shall rely on Broker GFE in completing its own GFE. In the event the Broker has elected to receive compensation paid by the borrower (and not paid by the Lender), Broker agrees that compensation may not be greater than the amount set forth in the Broker completed GFE and only in the form of origination points; (e) In the event the Broker has elected to receive compensation paid by the Lender then Broker acknowledges that the compensation paid by the Lender is a fixed percentage of the note loan amount based upon compensation election tier for the month in which the loan was submitted to the Lender. With the exception of loans exempt from TILA Broker further acknowledges that compensation cannot and will not adjust or vary based upon the terms of the transaction. (f) Broker has performed, at a minimum, any services required under Section 2.3 of this Agreement; and (g) Any compensation paid by the Lender, when combined with the origination of the Mortgage Loan, shall not be greater than that allowed under applicable state, federal, and local law. Total compensation earned by Broker from all sources will constitute a reasonable payment for the goods, facilities and services actually provided by the Broker and the Broker will not retain duplicate payments for any of those goods, fees or services. 2.5 COMMUNICATIONS WITH APPLICANT. Broker shall be responsible for all communications with application. Broker shall promptly deliver to such applicant any documents prepared by Lender and intended for delivery to applicants regardless of the manner in which such documents are delivered to the Broker. 2.6 LOAN RESCISSION, REIMBURSEMENT OF FEES. If broker has collected any fees from an applicant, including any fees payable to a third party, in connection with a Mortgage Loan that is rescinded by the applicant pursuant to applicable state or federal law or regulation, Broker shall promptly refund all such fees that are required to be refunded to the applicant. 2.7 ASSIGNMENT. Upon request of Lender, the Broker shall immediately assign, transfer and convey all of its rights, title and interest in the Mortgage Loan file and any and all of its contents. ARTICLE 3 DUTIES OF LENDER 3.1 UNDERWRITING OF REGISTERED MORTGAGE LOANS. Lender or its agent shall underwrite every Mortgage Loan application in accordance with the terms of this Agreement. Lender shall have no obligation to approve or close a Mortgage Loan which in its sole discretion does not meet Lender s underwriting requirements. In making its determination, Lender expressly disclaims any conclusion Broker may draw as to the general quality or acceptability of the Mortgage Loan application. Lender retains sole and absolute discretion to reject any Mortgage Loan application which does not comply with the terms and conditions of this agreement, or for any reason whatsoever (except any reason prohibited by law), and to set the terms and conditions of any approval of a Mortgage Loan application. Lender shall notify Broker of the disposition of a Mortgage Loan application. Broker may not represent that Lender has approval or will approve any Mortgage Loan application until Lender informs Broker in writing that it has done so. If Lender declines any Mortgage Loan application, Broker shall notify the applicant promptly upon receipt of notice of Lender s decision and deliver the required adverse action notice to the applicant in accordance with applicable state, federal and local laws. Broker shall also maintain evidence that the adverse action notice was received by applicant; provided, however, that Broker shall not be required to notify the applicant of Lender s declination in any case where another lender has committed to originate the Mortgage Loan. Lender will have no obligation or Wholesale Mortgage Broker Agreement Rev. 12/01/14 Page 3 of 12

26 liability to Broker for any Mortgage Loan, which is not closed by Lender nor for any delays in the processing of any Mortgage Loan applications. 3.2 CLOSING OF MORTGAGE LOANS. Lender shall proceed to the closing of the Mortgage Loan under the terms and conditions of its approval. Lender shall prepare the closing package and close the Mortgage Loan in its name and with its own funds. Broker acknowledges that there is no obligation for the Lender to consummate or close a Mortgage Loan regardless of if a Mortgage Loan is approved or not. ARTICLE 4 GENERAL REPERSENTATIONS, WARRANTIES, AND COVENANTS OF BROKER. As an inducement to lender to enter into this Agreement and to consummate the transactions contemplated hereunder, Broker makes the following representations, warrants and covenants to Lender and any successor in interest to Lender under this Agreement as of the date hereof and as of each and every date Broker submits a Mortgage Loan application to Lender. Lender shall be deemed to have relied on such representations, warranties and covenants, regardless of any independent investigation it may have made or my hereafter make. 4.1 DUE ORGANIZATION; GOOD STANDING. Broker is duly organized, validly existing and in good standing ( in the case of a corporation or limited liability company) under the laws of the state governing its creation and existence during the time of its activities with respect to the organization and closing of the Mortgage Loans subject to this Agreement. 4.2 AUTHORITY AND CAPACITY. Broker has all power, authority and capacity legally required to enter into this Agreement and to perform the obligations required of it hereunder. The execution and delivery of this Agreement and the consummation of the transactions contemplated hereby, have been duly and validity authorized by all necessary action legally required. This Agreement constitutes a valid and legally binding Agreement of Broker enforceable in accordance with its terms. 4.3 EFFECTIVE AGREEMENT; NO CONFLICTS. The execution, delivery and performance of this Agreement by Broker, its compliance with the terms hereof and consummation of the transactions contemplated hereby will not violate, conflict with, result in a breach of, give rise to any right of termination, cancellation or acceleration under, constitute a default under, be prohibited by or require any additional approval under its articles of incorporation (in the case of a corporation), bylaws. Partnership agreement or other applicable organizational documents or any instrument or agreement to which it is a party or by which it is bound, or any Law, or any judicial or administrative decree, order, ruling or regulation, applicable to it. 4.4 COMPLIANCE WITH LAWS. Broker has complied, and shall comply, both in the conduct or business generally, and in its origination of each Mortgage Loan, with all Laws, including, without limitation upon the generality of the foregoing, the Equal Credit Opportunity Act ( ECOA ) and Regulation B, including without limitation its requirements relating to nondiscrimination; the Truth-in-Lending Act, and Regulation Z; RESPA, and Regulation X; and state and local laws and regulations governing mortgage lending and mortgage brokerage. Broker represents and warrants that no Mortgage Loan is a High Cost Loan as that term is defined by the Home Ownership and Equity Protection Act ( HOEPA ) or similar federal, state or local law, and the Mortgage Loan does not fall into any other classification under state law which is not eligible for purchase. Broker further represents and warrants that it is properly licensed in all jurisdictions where required for the origination of Mortgage Loans as provided for in this Agreement and agrees to maintain all applicable licenses and approvals in good standing during the term of this Agreement. 4.5 NOTICE OF THREATENED ACTIONS. Broker has not been issued any administrative order, Cease and Desist decree or been the subject of regulatory action. Broker shall immediately advise Lender in writing of any inquiry, material complaint or pending or threatened action, by way of proceeding or otherwise, to revoke or limit any license, permit, authorization or approval issued or granted by any federal, state or local government or quasi-governmental body, or agency or instrumentally thereof, necessary for Broker to conduct its business, or to impose any penalty or other disciplinary sanction in connection therewith, or any other sanction that would materially affect Broker s business. In addition, in the event Broker receives any Wholesale Mortgage Broker Agreement Rev. 12/01/14 Page 4 of 12

27 letter, notice, or other writing ( Notice ) form any regulatory agency with respect to any mortgage Loan application registered with Lender, Broker shall advise Lender immediately of such notice and deliver a copy of the Notice to Lender. Broker further warrants that no material complaints have been filed against Broker alleging unfair and deceptive practices and/or violations of Consumer Protection Laws and will notify Lender immediately in the event of any such occurrences. 4.6 LITIGATION. Except as previously disclosed in writing to and acknowledged in writing by Lender, Broker is not party to (a) any pending, or, to Broker s knowledge, threatened litigation as a defendant involving fraud, misrepresentation, violation of any state or federal lending laws or regulatory compliance, (b) any claims by applicants, or (c) any negative investor or regulatory finding through audits or examinations. 4.7 NO UNTRUE OR MISLEADING STATEMENTS. No representation, warranty or written statement made by Broker to Lender in Agreement or in any schedule, written statement or document furnished to Lender in connection with the transactions contemplated hereby contains or will contain any untrue statement of a material fact or omits or will omit to state a material fact necessary to make the statements contained herein or therein not misleading. 4.8 INSURANCE. Unless otherwise agreed to in writing, Broker posses and shall maintain, at no expense to Lender, during the term of this Agreement, errors and omission insurance, and shall furnish evidence of such coverage upon request of Lender. Such policies shall be in reasonable amounts, with acceptable standard coverage s, satisfactory to Lender. Broker shall notify Lender of changes thereto or cancellation thereof. 4.9 BUSINESS INFORMATION. Broker shall furnish to Lender and it representatives any necessary information and data concerning the affairs of Broker, as Lender may reasonably request, including without limitation information regarding the status of it licenses, permits, authorizations and approvals necessary for the conduct of its business as well as copies of such documents. Broker shall furnish, annually as requested by Lender, copies of financial statements, the type and sufficiency of which shall be determined by Lender in its sole discretion, together with such other information bearing upon Broker s financial condition as Lender may reasonably request ABILTIY TO PERFORM. Broker represents that its employs or will employ a sufficient number of knowledgeable and capable individuals to perform the services required by this Agreement GSE KNOWLEDGE. Broker represents that it understands and is familiar with all GSE underwriting requirements and underwriting guidelines. ARTICLE 5 REPRESENTATIONS, WARRANTIES AND COVENANTS AS TO MORTGAGE LOANS As further inducement to Lender to enter into this Agreement and to consummate the closing and funding of Mortgage Loans hereunder, Broker makes the below referenced representations, warranties and covenants. Each of the following representations and warranties (a) applies to any and all Mortgage Loan application by Broker to Lender and funded by Lender, (b) is for the benefit of Lender and its successors and assigns, (c) continues in full force and effect for so long as the Mortgage Loan remains outstanding and for such time that Lender is subject to any risk of loss or liability as to any Mortgage Loan application submitted by Broker, (d) is deemed to have been relied on by Lender, regardless of any independent investigation it may have made or may hereafter make, and (e) is in addition to any other specific representations or warranties contained elsewhere herein. 5.1 COMPLIANCE WITH LAWS. As of the date each Mortgage Loan is funded by Lender, the Mortgage Loan will comply with all applicable federal, state and local laws and regulations. 5.2 COMPLIANCE WITH LENDER POLICIES AND PROCEDURES. The origination of the Mortgage Loan complies in all respects with the terms of this Agreement. Each Mortgage Loan application submitted was originated by Broker and not by a third party. All applications for Mortgage Loans and all Mortgage Wholesale Mortgage Broker Agreement Rev. 12/01/14 Page 5 of 12