LOAN SUBMISSION PROCEDURES

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1 INTRODUCTION Brokers upload or manually enter data files and required documents via the website. Data files and documents submitted prior to 2:00 pm CT (Birmingham Fulfillment Center) or 4:00 p.m. PT (San Diego Fulfillment Center) are considered submitted on that business day. Data files and documents submitted after the Fulfillment Center cut off time are considered submitted on the following business day. NOTE: The Loan Submission Checklist is a tool available to the Broker s on the website (available in the Forms section within the Resources tab of the website for details). This is not a required form. All loans with application dates (initial 1003 signed by the applicant(s) or, for non-face to face applications, signed by the loan officer) on or after 01/10/14 must comply with the Financial Reform regulation (Dodd-Frank Act) which includes Qualified Mortgages (QM) and Ability to Repay (ATR) requirements. DOCUMENTS REQUIRED TO PROVIDE INITIAL DISCLOSURES An acceptable Broker submission is defined as an uploaded/manually entered data file that includes the following Broker documents: Completed MUST BE SIGNED AND DATED BY ALL PARTIES o Signed by all applicants or provide signed borrowers authorization. Married Borrowers submitting an application intending to apply for joint credit must sign page 1 of the Up-Front Application Disclosures, signed if applicable: o Good Faith Estimate o Acknowledgement of Receipt of Good Faith Estimate (or Intent to Proceed that includes verbiage acknowledging the Good Faith Estimate). Must be signed by all Borrowers. o Settlement Service Providers List (SSPL) The Settlement Service Providers List must include at least one provider (i.e., title/escrow) o Any Broker fee sheet that includes rate and price (e.g. discount or credit information), impounds, and broker compensation (lender paid or applicant paid), etc. NOTE: The Broker may utilize the Initial Price Confirmation Form (available in the Forms section within the Resources tab of the website for details), itemization of fees from an LOS, his/her own form, or provide documentation clarifying the pricing disclosed to the loan applicants. o Mortgage broker agreement, Mortgage Loan Disclosure Statement (MLDS) or other document between Broker and borrower which defines the services provided. Must be signed by all Borrowers. o Communication Consent Agreement (Lender specific, available in the Forms section within the Resources tab of the website). Must be signed by all Borrowers. 01/17/14 Page 1 of 8

2 o The Broker must provide (in written format) any points and fees on the transaction that will be paid to an affiliated business relationship (e.g. Broker owned Escrow). Brokers must provide the affiliate company name and amounts paid (points and fees). The Broker may use their own form/disclosure or the Affiliated Business Relationship Information form which is available in the Forms section within the Resources tab of the website for details. Credit Report reflecting FACT Act information NOTE: In the event the loan submission does not contain a credit report we will order a new report, refer to the Credit Policy for further details (refer to the Procedures section of the website) FHA SPECIFIC: HUD Addendum to Uniform Residential Loan Application (HUD A) FHA Case Assignment Results/Case Transfer NOTE: The Broker may utilize the Lender specific Case Number Assignment Request Form (available in the Forms section within the Resources tab of the website for details), his/her own form, or provide documentation with the applicable information. VA SPECIFIC: HUD/VA Addendum to Uniform Residential Loan Application (Form a) Request for a Certificate of Eligibility (Form ) OR Certificate of Eligibility for Loan Guaranty Benefits (Form )/Certification of Eligibility for Loan Guaranty Benefits (Reserves/National Guard) (Form a) USDA SPECIFIC No USDA specific documents required for initial disclosures BROKER DISCLOSURES The Broker disclosures must accurately reflect the terms and charges related to the loan and must be signed by the applicant(s) as applicable. The Fulfillment Center will review the submission to determine if it is acceptable. If it has been disclosed correctly and is consistent with the Broker Compensation Agreement on record, the initial disclosures will be prepared and sent to the Borrower within the required 3 business day timeframe from receipt of an acceptable submission. If the disclosures (e.g. Good Faith Estimate) are incorrect and/or not consistent with either the Mortgage Broker Agreement the Broker has entered into with the borrower or the Broker Compensation Agreement the Broker has entered into with us, the submission will be considered unacceptable. 01/17/14 Page 2 of 8

3 However; if the Broker is still within his/her original three-day disclosure period, the Broker may provide a revised and acknowledged GFE or Mortgage Broker Agreement without preparing a complete new submission. In some cases when the Broker is outside of the original three-day disclosure period, the Fulfillment Center may request a revised GFE and Acknowledgement of Receipt of Good Faith Estimate or mortgage broker agreement (e.g. rate locked after data file/manual entry was uploaded, need rate lock GFE). Upon receipt of the corrected documents, the Fulfillment Center will prepare the initial disclosures as a change of circumstance. Refer to the GFE Broker s Guide under Reference Guides in the Resources tab on the website for instructions on completing the GFE. If the submission documents are considered unacceptable, the Broker will be notified that in order to proceed a new submission including a new (signed) 1003 and disclosures (as reflected above) must be uploaded and a new loan number will be assigned. The Fulfillment Center will work with the Broker to obtain the necessary information in order for Lender disclosures to be provided to the consumer within the required 3 business day timeframe from receipt of an acceptable submission. The Broker has 15 calendar days from (and not including) the date of the initial data upload/manual entry to convert it into an acceptable submission. In the event the data file/manual entry included a lock request, refer to the Rate Lock Policy for additional details (refer to the Procedures section within the Resources tab of the website for details). The following are Upload Submission Scenarios: A data "upload"/manual entry that is not a forward lock has 15 calendar days to become an acceptable submission A data "upload"/manual entry that is also a same day forward lock becomes an expired lock after 10 (for a 30 day lock) or 15 (for a 45 or 60 day lock) calendar days from (and not including) the date of the upload if not converted into an acceptable submission A data "upload"/manual entry that becomes a forward lock (within 15 calendar days from (and not including) the upload) will have a valid lock for a maximum 10 (for a 30 day lock) or 15 (for a 45 or 60 day lock) calendar days. Forward locks will be expired if not converted to an acceptable submission by the 15 th calendar day of upload. The upload will be moved to the unacceptable folder A data "upload"/manual entry locked on the 15 th calendar day has only that day to become an acceptable submission. Any data upload /manual entry that is not converted into an acceptable submission in the time frame outlined above will be considered Unacceptable. In order to proceed, the Broker must upload a new submission including a new (signed) 1003 and disclosures (as reflected above) and a new loan number will be assigned. 01/17/14 Page 3 of 8

4 E-SIGNATURE Upfront (or subsequent) disclosures, including the 1003 and Communication Consent Agreement (Lender specific) may all be signed using digital signatures (also called certificate signatures or electronic signatures), which are authenticated by companies such as VeriSign or DocuSign. These signatures can be recognized by how they look; like a stamp of the borrower's name, usually with a small number code. Two documents that cannot be accepted with digital signatures are the 4506-T and the Social Security form, as the IRS and Social Security Administration require a live signature to process the requests. In addition, the Broker provided borrower s authorization form is required to have a live signature but can be provided no later than prior to documents(ptd). A condition will be added to the loan file if a live signature is not on the 4506-T, Social Security form and/or Broker provided borrower s authorization. LENDER DISCLOSURES The Fulfillment Center provides the Borrowers with edisclosures (via ) or hard copies (via US Mail). The following documents will be required with signatures prior to approval or prior to docs as applicable: IRS 4506-T Social Security Administration Authorization State Specific Documents NOTE: Copies of the above required disclosures are available to the Broker on the website under Forms and State Specific Documents (available in the Forms and State Specific Documents within the Resources tab of the website). 01/17/14 Page 4 of 8

5 DOCUMENTS REQUIRED FOR SUBMITTING TO UNDERWRITING The Broker is required to upload the following documents in order for the loan to proceed to Underwriting (if not provided previously): ALL LOANS: AUS Findings (released to Lender) Up-Front Application Disclosures including but not limited to: o Anti-steering/ loan options disclosure, must be signed by all borrowers (Refer to the Anti-Steering/Loan Options Disclosure section of this chapter for requirements) o Intent to proceed (if not provided as part of the Acknowledgement of Receipt of Good Faith Estimate). Must be signed by all Borrowers. o TIL o Servicing Disclosure o Applicable state-mandated disclosures USA PATRIOT Act Form NOTE: The Broker is responsible for confirming the identity of each applicant. The USA PATRIOT Act Section 326 Checklist form (available in the Forms section within the Resources tab of the website), the Broker s own form, or documentation evidencing each applicant s identity may be used. Form/Checklist must include: Name, Date of Birth, Address and government issued Identification Number. Credit explanation Escrow Instructions/Title Commitment for refinances Fully executed purchase agreement and all addendums, if applicable Hazard Insurance Declaration Page for refinances NOTE: Refer to the Appraisal Request Procedures for the process and timing of requesting an appraisal (available in the Procedures section of the website). CONVENTIONAL LOANS: Asset documentation per AUS Findings Income documentation per AUS Findings FHA LOANS: Verification of Deposit (including 1 month bank statement) or 2 months complete statements for all asset accounts listed on 1003, including Stocks, IRA s and 401K s Income documentation (2 full years required) No FHA specific documents required for submitting to Underwriting 01/17/14 Page 5 of 8

6 VA LOANS: Verification of Deposit (including 1 month bank statement) or 2 months complete Statements for all asset accounts listed on 1003, including Stocks, IRA s and 401K s Income documentation (2 full years required) VA Amendatory Clause (purchase only, must be dated before/on date of purchase contact) VA Child Care Cert/Union Due Cert/ Commute Cert 1003 must include the number of dependents and their ages VA Loan Validation Response (IRRRL only) VA IRRRL Worksheet (Form ) (IRRRL only) VA Loan Comparison Sheet/Old vs. New Initial (IRRRL only) USDA LOANS: Request for Single Family Housing Loan Guarantee (Form RD ). Must be signed and dated by all Applicants. The Approved Lender Certification will be signed by the Underwriter prior to submitting to the USDA Rural Development office. Worksheet for Documenting Eligible Household and Repayment Income (Attachment A, Rev. 1/2013). All pages must be completed. The form will be signed by the Underwriter prior to submitting to the USDA Rural Development office. Most recent two years tax returns Explanation of inquires Documentation of taxes (e.g. tax record, tax bill, etc.) and Insurance (e.g. dec page, agent quote, etc.) 01/17/14 Page 6 of 8

7 ANTI STEERING/ LOAN OPTIONS DISCLOSURE The Broker is responsible for providing an anti-steering/ loan options disclosure (the Disclosure ) to the Borrowers. The Disclosure must accurately disclose written loan options to all the Borrowers in order to meet Truth in Lending Act (TILA) and our requirements. The Broker must make sure the following elements are present: It must identify at least 2 options. (It may not be simply an acknowledgment that options were presented). The 2 options must include: 1. The loan with the lowest interest rate 2. The loan with the lowest total dollar amount for origination points or fees and discount points 3. The loan with the lowest interest rate without negative amortization, a prepayment penalty, interest-only payments, a balloon payment in the first 7years of the life of the loan, a demand feature, shared equity, or shared appreciation; or, in the case of a reverse mortgage, a loan without a prepayment penalty, or shared equity or shared appreciation. NOTE: If the Broker does not offer or have access to any loan product with risky features (neg am, interest only, prepayment penalty), the lowest interest rate columns may reflect the same loan terms. NOTE: Zero (0.00 or 0) must be entered in the Discount Points section if no amount will be charged It must be provided to the Borrower by the Broker upfront. If the loan type (ARM, fixed rate) changes, a new Disclosure would be required to show options for the new loan type. If re-disclosure is required, it must be provided not later than one day prior to closing. (Closing is defined as the date the Borrower signs the note and has his/her signature notarized) All Borrowers (who will sign the note) must sign the disclosure(s). The options must disclose accurate information. For example, if the Broker discloses an option of the lowest interest rate available at 6%, but submits the loan at 5 1/2%, the disclosure is not accurate, and the Broker would be required to re-disclose options that are accurate. Refer to the Anti-Steering Loan Options Frequently Asked Questions (FAQs) and Examples for additional information (available in the Reference Guide section within the Resources tab of the website). The Fulfillment Center will verify the information accuracy and if it is determined that the information was disclosed inaccurately then the Broker must provide a new, corrected Disclosure (signed by all Borrowers) at least one day prior to closing (as defined above). A condition for the updated Disclosure will be added to the loan file. 01/17/14 Page 7 of 8

8 UNIFORM RESIDENTIAL LOAN APPLICATION (1003 FORM) The Uniform Residential Loan Application must include sufficient information for the Underwriter to reach an informed decision regarding the action to be taken. ### 01/17/14 Page 8 of 8

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