BEXIL AMERICAN MORTGAGE INC./AMERICAN MORTGAGE NETWORK BROKER GUIDE

Transcription

1 BEXIL AMERICAN MORTGAGE INC./AMERICAN MORTGAGE NETWORK BROKER GUIDE This Broker Guide ( Guide ), as supplemented and amended from time to time by Bexil American Mortgage Inc./American Mortgage Network (BAM/AmNet), is incorporated into and made a part of the Broker Agreement entered into between Broker and BAM/AmNet. The current edition of this guide is available on BAM/AmNet s website. It is Broker s responsibility to check the website regularly for revisions to this Guide, which shall be effective when made available, or such later date as may be specified by BAM/AmNet. Broker may be referred to in this Guide as Broker or you. Your Broker Agreement with BAM/AmNet incorporates by reference the policies and procedures contained in this Guide, including, but not limited to, the following Additional Contractual Requirements. DEFINITIONS Capitalized terms used and not otherwise defined in this Guide shall have the meanings provided in the Broker Agreement. ARTICLE 1 ELIGIBLE LOANS; PRICING 1.1 BAM/AmNet s Loan Programs. BAM/AmNet will register only those Loan applications eligible for the Loan Programs which Broker can offer to prospective Borrowers as an eligible Loan under the terms of the Broker Agreement. Broker will be entitled to register FHA-insured, VA-guaranteed or other Agency sponsored Loan applications only upon submission to BAM/AmNet of such additional information and documents as required by BAM/AmNet and receipt by Broker of authorization from BAM/AmNet. Broker acknowledges that BAM/AmNet reserves the right to alter, add, or delete Loan Programs from time to time at BAM/AmNet s sole discretion and Broker accepts responsibility for knowing which Loan Programs are offered by BAM/AmNet Loan Pricing. BAM/AmNet shall issue to Broker on a periodic basis pricing information applicable to Loan Programs BAM/AmNet offers. Such pricing information is subject to change without notice. Broker shall comply with the Procedures concerning interest rates and lock-ins that apply to the particular Loan Programs offered by BAM/AmNet. ARTICLE 2 DUTIES OF BROKER 2.1. Performance Of Broker Services. In addition to performing Broker s obligations under the Broker Agreement, Broker shall, for every Loan, perform services that include but are not limited to all of the following services: (a) interviewing the prospective Borrower, either in person or by telephone, as appropriate to the transaction and Agency requirements; (b) analyzing the prospective Borrower's income and debt and pre-qualifying the prospective Borrower to determine the maximum Mortgage Loan that the prospective Borrower might afford; (c) educating the prospective Borrower in the home buying and financing process, advising the prospective Borrower about the different types of loan products available, and demonstrating how closing costs and monthly payments would vary under each product; (d) collecting financial information (e.g., tax returns, bank statements) and other related documents that are part of the application process; Rev 11/21/13 Page 1

2 (e) initiating/ordering VOEs (verifications of employment) and VODs (verifications of deposits); (f) initiating/ordering requests for mortgage and other loan verifications; (g) initiating/ordering appraisals through BAM/AmNet s web portal, in accordance with the Procedures; (h) initiating/ordering inspections or engineering reports; (i) providing disclosures (e.g., Truth in Lending (if applicable), Good Faith Estimate, broker disclosures, others) to prospective Borrowers, as required by Laws and the Procedures; (j) assisting prospective Borrowers in understanding and addressing credit problems; (k) maintaining regular contact with prospective Borrowers, real estate agents, and BAM/AmNet, between application and closing to apprise them of the status of the application and to gather any additional information as needed; (l) ordering legal documents (e.g., title reports); (m) participating in the Loan closing; (n) analyzing the information provided by prospective Borrowers and confirming that the Borrower s application complies with Laws and the Procedures; (o) providing such other services as may be required by a particular loan transaction; and (p) executing and delivering all such instruments and taking all such action as BAM/AmNet may reasonably request from time to time in order to effectuate the purposes and to carry out the terms of the Broker Agreement, including the Procedures Broker Compensation. Any fee payable to Broker under Section 2.3 of the Broker Agreement for Broker s provision of goods, services and/or facilities, shall be paid only in connection with a particular Loan if each of the following conditions has been met: (a) Broker has actually provided necessary goods, services and/or facilities in connection with the Loan and performed the services required by the Broker Agreement and Procedures. (b) Broker is in compliance with Laws and all of the terms of the Broker Agreement and Procedures and has submitted with the application fully executed copies of all required disclosures. (c) Broker has submitted an executed Mortgage Loan Origination Agreement between Broker and Borrower and/or the comparable disclosure or agreement required by state Law that satisfies the requirements of both Laws and Procedures. (d) With respect to each application, Broker and Borrower have completed and executed a Good Faith Estimate ( GFE ) that complies with Laws and accurately sets forth all applicable fees and charges and itemizes the dollar amount of compensation that will be paid to the Broker. (e) On any Loan, Broker s compensation may be paid by BAM/AmNet or Borrower, but may not be paid by both. Once a loan has been submitted to BAM/AmNet, Broker may not switch the source or terms of compensation. In addition, if compensation is Borrower-paid, Broker may receive no compensation from any other source. The amount of compensation shall not be greater than that allowed under applicable Law and shall be subject to any limits set by BAM/AmNet. Total compensation earned by Broker from all sources will constitute a reasonable payment for the goods, facilities and services actually provided by Broker and Broker will not retain duplicative payments for any of those goods or services. Rev 6/25/2012 Page 2

3 2.3. Election of Compensation. Broker will complete the form(s) provided by BAM/AmNet pursuant to which Broker elects a source and amount of compensation applicable to all Loans submitted to BAM/AmNet regardless of program or product type, which form(s) may be electronic. Broker may revise Broker s election of compensation source and amount no more frequently than every 90 days from the date of Broker s most recent election. Such form(s), when completed and submitted by Broker, shall become a part of the Broker Agreement, this Guide, and the Procedures, and Broker represents and warrants with respect to each application for a Loan and the related Loan that Broker has complied with the agreements and terms in such form Government Sponsored Loans. All FHA-insured, VA-guaranteed, or other Agency sponsored loans shall be originated and closed in accordance with all requirements of the applicable Agency, the Broker Agreement, this Guide, and the Procedures. Broker shall, with respect to the origination of any FHA-insured or VA-guaranteed Mortgage Loan, describe and represent BAM/AmNet s policies, procedures and pricing only as set forth by BAM/AmNet. Broker shall take all applications for Loans directly from the prospective Borrower. BAM/AmNet will be responsible for transmitting MIP premiums and submitting insurance packages to HUD or other Agencies. Broker shall cooperate with BAM/AmNet in resolving any HUD or other Agency issues. Broker shall repurchase any Mortgage Loans HUD refuses to insure if such refusal arises out of, results from or relates to the breach by Broker of any covenant, condition, term, obligation, representation or warranty contained in the Broker Agreement and the Procedures, including, without limitation, those arising from any improper origination or processing of Loans. Broker further represents that: (1) Broker (and any officer, principal, or employee of Broker) has not been suspended, disbarred or issued a Limited Denial of Participation and Broker remains in good standing with each Agency as it is represented; and (2) Broker remains eligible to participate under all FHA, VA and GNMA programs for which Broker has submitted Loans to BAM/AmNet Registration; Application. Broker shall register each Loan with BAM/AmNet as set forth in the Procedures. Broker shall submit for each Loan registered with BAM/AmNet the fully completed Mortgage Loan Origination Agreement between Broker and Borrower and/or any comparable disclosure required by applicable state Law that have been signed as of the date of application by the applicant and Broker; the application signed by the applicant; and such other information as set forth in the Procedures. Broker shall assist BAM/AmNet in obtaining any additional information needed by BAM/AmNet or to facilitate the underwriting and closing of the Loan Communications with Prospective Borrowers. Except as otherwise provided in the Procedures, Broker shall be responsible for all communications with prospective Borrowers. Broker shall promptly deliver to such prospective Borrowers any documents prepared by BAM/AmNet and intended for delivery to prospective Borrowers. ARTICLE 3 DUTIES OF BAM/AMNET 3.1. Underwriting of Registered Loans. BAM/AmNet shall notify Broker of the disposition of a Loan application as set forth in the Procedures. If BAM/AmNet declines any Loan application, Broker shall notify the prospective Borrower promptly upon receipt of notice of BAM/AmNet s decision and deliver the required adverse action notice to the prospective Borrower in accordance with Laws. Broker shall also maintain evidence that the adverse action notice was received by Borrower; provided, however, that Broker shall not be required to notify the prospective Borrower of BAM/AmNet s declination in any case where another lender has committed to make the loan. BAM/AmNet will have no obligation or liability to Broker for any Loan that is not closed by BAM/AmNet nor for any delays in the processing of any Loan applications. ARTICLE 4 GENERAL REPRESENTATIONS, WARRANTIES AND COVENANTS OF BROKER 4.1 Compliance With Laws. Broker shall comply, both in the conduct of its business generally, and in its origination of each Loan, with all Laws, including, without limitation upon the generality of the foregoing, the Equal Rev 6/25/2012 Page 3

4 Credit Opportunity Act ( ECOA ) and Regulation B, including without limitation its requirements relating to nondiscrimination; the Truth-in-Lending Act, and Regulation Z; the Real Estate Settlement Procedures Act, and Regulation X; the Home Mortgage Disclosure Act; the USA PATRIOT Act; and all applicable state laws and regulations governing mortgage lending, mortgage brokerage, and customer privacy. 4.2 Notice of Regulatory Actions and Complaints. Broker shall immediately advise BAM/AmNet in writing of any inquiry, material complaint, or any pending or threatened action, in a 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 any agency or instrumentality 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. 4.3 Business Information. Broker shall furnish BAM/AmNet and its representatives with any information and data concerning the business affairs of Broker, as BAM/AmNet or its representatives may reasonably request, including, without limitation, information regarding the status of Broker s and its Employee s licenses, registrations, permits, legal compliance, authorizations and approvals necessary for the conduct of its business as well as copies of such documents. Broker shall furnish, annually as requested by BAM/AmNet, copies of financial statements, the type and sufficiency of which shall be determined by BAM/AmNet in its sole discretion, together with such other information bearing upon Broker's financial condition as BAM/AmNet may reasonably request. ARTICLE 5 REPRESENTATIONS, WARRANTIES AND COVENANTS AS TO LOANS 5.1. Compliance with Laws. As of the date each Loan is funded by BAM/AmNet, Any and all requirements of any Law applicable to the application, Loan or Broker have been complied with, and Broker shall maintain in its possession available for BAM/AmNet s inspection, and shall deliver to BAM/AmNet upon request, evidence of compliance with all such requirements 5.2. Compliance with BAM/AmNet s Policies and Procedures. The origination of the Loan, the application, and Loan comply in all respects with the Broker Agreement, including the Procedures. Each Loan was originated by Broker and its Employees. All applications for Loans and all Loan Documents and information and documentation submitted in connection with such applications have been prepared and/or completed in accordance with the Broker Agreement, including the Procedures, and all information provided by each of Borrower, Broker and any other persons in connection with such applications, Loan Documents, or other documents and/or provided to any Agency or private mortgage insurer, is true and correct in all respects and does not fail to disclose any facts which could be material or which would make such information misleading. All signatures on applications and other Loan Documents are genuine. All compensation Broker is to earn on a Loan has been fully disclosed to Borrower in compliance with applicable Laws and the Procedures. Borrower has executed and received a copy of the broker disclosure(s) as required by the Procedures and there are no disputes with respect to Broker s compensation in connection with the origination or closing of the Loan Factual Disclosure. All facts relating to any Loan transaction that are known or should be known to Broker which may adversely affect the value of the Mortgaged Property, the credit, character or capacity of the Borrower, the validity of the Mortgage, or any other aspect of the transaction, have been disclosed in writing to BAM/AmNet. To Broker s Knowledge, the Mortgaged Property has not been damaged by fire, flood or other causes since the date of performance of the appraisal; there is no proceeding pending for the total or partial condemnation of the Mortgaged Property and the Mortgaged Property is undamaged by fire, earth movement, windstorm, flood, or other casualty, so as to affect adversely the value of the Mortgaged Property as security for the Loan; there are no pending or threatened proceedings for total or partial condemnation of the Mortgaged Property; and Borrower intends to occupy the Mortgaged Property as the Borrower s primary residence on any Loan as to which Broker represented to BAM/AmNet that the Borrower would so occupy the related Mortgage Property; the appraisal prepared in connection with each Mortgaged Property provides an accurate estimate of bona fide market value of the Mortgaged Property and was prepared by a qualified appraiser with no direct or indirect interest in the Mortgaged Property; and with respect to first lien Loans, there is no pending or contemplated subordinate-lien Rev 6/25/2012 Page 4

5 financing in connection with the Mortgaged Property that has not been disclosed to BAM/AmNet in writing prior to BAM/AmNet s underwriting No Adverse Circumstances. Broker has no Knowledge of any circumstances or conditions, and has committed no act or omission, with respect to any Loan, Mortgaged Property, Borrower, or Borrower's credit standing that reasonably could be expected to cause third party investors or the applicable Agency to regard any Loan as an unacceptable investment, impair or invalidate BAM/AmNet s interest in, impair or invalidate the enforceability of any Loan, cause any Loan to become delinquent, or adversely affect the value or marketability of the Loan No Other Agreements; No Adverse Interests. Broker has not made, directly or indirectly, any payment on the Loan or the Loan application, or paid any fee for goods and services rendered in connection with the origination and closing of the Loan, or on any other loan of Borrower from any other person or entity. Broker has also not made any agreement with any Borrower providing for any variation of the Note rate, schedule of payment or other terms and conditions of the Loan; and Broker has not received a request for approval of or notice of any proposed assumption, loss draft or payoff of the Loan. Except as disclosed to BAM/AmNet in writing prior to BAM/AmNet s underwriting, neither Broker nor any officer, directors, Employee or agent of Broker has any: (a) direct or indirect interest including, but not limited to, any ownership interest in any Mortgaged Property or in any other loan secured by the Mortgaged Property, (b) affiliation or relationship with any Person having a financial interest in a Loan or the Mortgaged Property, or (c) direct or indirect interest in, or familial relationship with, the Borrower, seller, real estate agent, inspector, appraiser, or any other settlement service provider in connection with the Loan Government Sponsored Loans. With regard to FHA-insured and VA-guaranteed or other Agency sponsored Loans, all submissions to BAM/AmNet and the applicable Agency are true, complete and accurate and comply with all requirements of the applicable Agency. All FHA-insured or VA-guaranteed Loans delivered to BAM/AmNet by Broker are eligible to be included in GNMA pools Broker Origination Procedures. With respect to any Loan that contains a provision permitting the imposition of a prepayment penalty, prior to the selection of a loan product, the Borrower was offered the option of obtaining a Loan that did not require payment of such a premium. ARTICLE 6 RESPONSIBILITY FOR FRAUD PREVENTION No additional provisions related to this section of the Broker Agreement are contained in the Guide at this time. ARTICLE 7 PURCHASE 7.1 Timing of Purchase. Broker shall purchase any Loan required to be purchased pursuant to the Broker Agreement within thirty (30) business days of receipt of written notice from BAM/AmNet. 7.2 Purchase Price. The purchase price for any Loan that Broker is required to purchase shall be an amount equal to the sum of: (a) the then unpaid principal balance of the Loan; (b) accrued interest through the date of purchase; (c) all unreimbursed advances and reasonable and customary costs and expenses incurred by BAM/AmNet with regard to such Loan during the life of the Loan; (d) all other costs, or expenses incurred by BAM/AmNet, including without limitation penalties, fees and charges assessed against BAM/AmNet by any investor, and attorneys' fees incurred in connection with the purchase, and (e) any fees paid by BAM/AmNet, including but not limited to all fees and costs paid to Broker and other third parties for goods and services rendered in connection with the origination and closing of the Loan. In lieu of purchase, BAM/AmNet may, at its sole discretion, allow Broker to indemnify BAM/AmNet with respect to any losses incurred as a result of BAM/AmNet s waiver of the Purchase requirement. Rev 6/25/2012 Page 5

6 7.3 Assignment. Upon any such purchase of a Loan by Broker, BAM/AmNet shall endorse the Note and shall assign the Mortgage to Broker without representation or warranty, whether express or implied, and without recourse to BAM/AmNet. ARTICLE 8 INDEMNIFICATION No additional provisions related to this section of the Broker Agreement are contained in the Guide at this time. ARTICLE 9 TERM; TERMINATION No additional provisions related to this section of the Broker Agreement are contained in the Guide at this time. ARTICLE 10 MISCELLANEOUS 10.1 Confidentiality and Information Security. Each of Broker and BAM/AmNet agrees that information concerning the other s business (including that of all corporate affiliates and subcontractors) is "Confidential Information" and proprietary to that party and shall be maintained in confidence and not disclosed, used or duplicated, except as described in this section. Confidential Information may include, without limitation, lists of, or other information relating to and identified with customers, former or prospective customers or applicants, business volumes or usage, financial information, pricing information, information related to mergers or acquisitions, security procedures, information concerning business plans or business strategy, patent, copyright, trade secret, and other proprietary information, software and software documentation, data, inventions, know-how, processes, information related to the party s current, future, and proposed products and services, and the subject matter of the Broker Agreement. The receiving party may use Confidential Information only in connection with performance under the Broker Agreement. Except as described in the Broker Agreement, the receiving party shall not copy Confidential Information or disclose Confidential Information to persons who do not need Confidential Information in order to perform under the Broker Agreement. If it is necessary for Broker to disclose Confidential Information to a third party in order to perform Broker's duties under the Broker Agreement and BAM/AmNet has authorized Broker to do so in writing, Broker shall disclose only such Confidential Information as is necessary for such third party to perform its obligations to Broker and shall, before such disclosure is made, ensure that said third party understands and agrees to the confidentiality obligations set forth herein. Each party shall maintain an appropriate information security program and adequate administrative and physical safeguards to prevent the unauthorized disclosure, misuse, alteration or destruction of Confidential Information, and shall inform the other party as soon as possible of any security breach or other incident involving possible unauthorized disclosure of or access to Confidential Information. Confidential Information shall be returned to the disclosing party upon request. Confidential Information does not include information that is generally known or available to the public or that is not treated as confidential by the disclosing party, provided, however, that this exception shall not apply to any publicly available information to the extent that the disclosure or sharing of the information by one or both parties is subject to any limitation, restriction, consent, or notification requirement under any applicable federal or state information privacy law or regulation. If the receiving party is required by law, according to the advice of counsel, to disclose Confidential Information, the receiving party may do so without breaching this section, but shall first, if legally permissible, provide the disclosing party with prompt notice of such pending disclosure so that the disclosing party may seek a protective order or other appropriate remedy or waive compliance with the provisions of this section. A breach of either party's confidentiality obligations may cause the aggrieved party to suffer irreparable harm in an amount not easily ascertained. The parties agree that such breaches, whether threatened or actual, will give the non-breaching party the right to terminate the Broker Agreement immediately, obtain equitable relief, i.e., obtain an injunction to restrain such disclosure or use without the requirement of posting a bond, and pursue all other remedies said party may have at law or in equity. Rev 6/25/2012 Page 6

7 10.2 Books and Records. Broker shall prepare and maintain files of Loan Documents in accordance with applicable guidelines established in the Procedures and applicable Laws. Broker and BAM/AmNet shall keep and maintain a complete and accurate account, satisfactory to BAM/AmNet, of all funds collected and paid relating to the Loans, and including records related to Broker s payment of mortgage loan originator compensation. Broker shall give BAM/AmNet, its employees, and its representatives, including without limitation internal and external auditors, quality control auditors, attorneys, and regulatory agency examiners, access, upon reasonable notice and during normal business hours, to audit and inspect the Broker s files, books, records, reports, statistics and other documents of Broker relating to its obligations under the Broker Agreement. Broker will cooperate with BAM/AmNet in the investigation of any claim and assist in the defense of any lawsuit arising out of the obligations of the parties under the Broker Agreement. In addition, Broker will cooperate with BAM/AmNet, its auditors and/or regulatory examiners in any audit of BAM/AmNet and in any regulatory examination of BAM/AmNet Modification of Obligations. BAM/AmNet may, without any notice to Broker, extend, compromise, renew, release, modify, adjust or alter, by operation of law or otherwise, any of the obligations of a Borrower or other persons obligated under a Loan without releasing or otherwise affecting the obligations of Broker with respect to such Loan or otherwise under the Broker Agreement. Rev 6/25/2012 Page 7