Financial Freedom Wholesale Lending Guide

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1 If you are viewing this document online, there is no need to print it! Simply use the Bookmarks panel on the left, or press Control + F to search by word. Financial Freedom Wholesale Lending Guide Any printed copy of this document is an uncontrolled document. The current version is available from the Wholesale Website at https://correspondent.financialfreedom.com Version 1

2 Introduction Welcome to Financial Freedom! Congratulations on your decision to enter the fastest growing niche market within the mortgage industry. Financial Freedom Senior Funding Corporation, a subsidiary of IndyMac Bank, FSB, is recognized as a leader in the reverse mortgage industry, dedicated to the senior market and supporting its Wholesale Partners (Lender). The National Reverse Mortgage Lenders Association defines reverse mortgage as a special type of loan used by older Americans to convert the equity in their homes into cash. Reverse Mortgages have become a major source of funds for many seniors. The money from a reverse mortgage can be used for anything: daily living expenses; home repairs and home modifications; medical bills and prescription drugs; to pay-off existing debts; continuing education; travel; long-term health care; prevention of foreclosure; and other needs. The goal of our Wholesale Division is to provide our wholesale partners with the tools and resources needed to effectively meet the needs of their senior clients while utilizing the appropriate reverse mortgage product. To qualify for a reverse mortgage, borrowers must be 62 or older and own their home. There are no income or credit requirements to qualify. A borrower may be eligible for a reverse mortgage even if he or she still owes money on a first or second mortgage. In fact, many seniors get a reverse mortgage to pay off a first mortgage. With a reverse mortgage, borrowers continue to own the home and hold title to it. No payments are due on a reverse mortgage while it is outstanding. The loan becomes due and payable when borrowers cease to occupy their home as their principal residence. This can occur if the borrowers pass away, sell the home, or permanently move out. This Lending Guide was developed to assist our Wholesale Partners (Lenders) to get started in the reverse mortgage business. The Lending Guide is designed to serve two purposes: as a training tool and also as a reference source. It is recommended that everyone become very familiar with this Lending Guide and provide it to new employees (loan officers and processors) as needed. There are several sections in this Lending Guide. Each section covers specific instructions regarding documentation, Lending Guide. 2

3 processing, underwriting, closing, and funding of reverse mortgage loans. This Lending Guide is not all-inclusive. Financial Freedom Senior Funding Corporation (FFSFC) recommends that lenders utilize other references such as the FHA Connection website and other resources available for general FHA and Fannie Mae guidelines. Lending Guide. 3

4 Table of Contents Introduction... 2 Table of Contents... 4 Section 1. Administration...18 Section 2. Seller Eligibility Requirements...28 Section 3. Representations and Warranties...37 Section 4. The HECM Advisor Program 60 HECM Advisor Policy and Procedure Terminology Definition Clarification HECM Advisor Program Guidelines Forms Section 5. Overview...64 Overview Getting Approved by Your Relationship Manager or Account Executive Lender Support Lender Alerts Wholesale Website RMA Software First American Document Company (FAND) CoreLogic Training Counseling or Consumer Education Lending Guide. 4

5 5.10. Doing Your Research Taking the Loan Application Submitting Loans Loan Settlement and Closing a. Document Preparation for Closing Funding Loan Cancellation and Right of Rescission Servicing Quality Control Plans a. Sample Quality Control Plan...75 How Much Money Does Your Company Earn on Each Loan? Origination Fee Correspondent Fee a. Part b. Part c. Table Funding Financial Freedom s Fees Section 6. Glossary of Terms...85 Glossary of Terms...86 Section 7. Product Overviews...95 Product Overviews...96 Side-by-Side Overview of Products...97 Specific Cash Account Options HECM (FHA/HUD Product) Plan Features Rate Calculations Rates and Equity Calculations Application Documents Origination Fee and MIP Counseling Appraisal Lending Guide. 5

6 HomeKeeper (Fannie Mae Product) Plan Features Rate Calculation Rates and Equity Calculation Application Documents Origination Fee and MIP Counseling Appraisal Cash Account (Financial Freedom Product) Plan Features Origination and MIP Rate Calculation Rate and Equity Calculation Application Documents Counseling Appraisal Equity Choice Credit Line Option Combo Option Cash Out Option Section 8. HECM and HomeKeeper Processing Guidelines Introduction Overview of the Processing Material for HECM and HomeKeeper HECM and HomeKeeper Texas Information a. Changes to Texas Law b. Texas Guidelines Differences between the HECM and HomeKeeper Loans HECM Principal Limit Protection (PLP) a. Expiration of PLP Lending Guide. 6

7 Wholesale Website & Resources Wholesale Website HUD Keywords Index First American Documents (FAND) Reverse Mortgage Analyzer (RMA) Review Application Obtaining Loan Forms Barcoded Documents Reviewing the HECM and HomeKeeper Application Documents a. Make Copies b. Mr. and Mrs c. HECM and HomeKeeper Application Checklist d. Form # 251-3w: Application Information Form e. Form # 488-3W: Loan Officer Certification f. Form # 1009: Application g. Form # 293-3w: Alternate Contact h. Form # 225-3w: USA PATRIOT Act Customer Identification Certification i. Form #135-3w: Borrower s Certification and Authorization j. Important Terms Disclosure/Application Truth-in-Lending k. Form # 527-3w: Notice of Availability of Real Estate Appraisal l. Form # 489-3w: Housing Discrimination/Fair Lending Disclosure m. Form # 490-3w: List of Required Providers n. Affiliated Business Disclosure o. Form # 491-3w: RESPA Servicing Transfer Disclosure p. Form #433-3w: Lead Based Paint Certification q. Calculation Disclosures r. Form # 296-3w: Disclosure Regarding Excessive Fees [Paid to Estate Planning Service Firms] s. Form # 297-3W Tax and Insurance Disclosure t. Form # 526-3w: General Authorization, Joint Application, and Bankruptcy Statement u. Form # 321-3w: RM Advisor Disclosure v. Form # 528-3w: Other Notifications Disclosure w. Special Forms x. Form # 299-3w: Private Well and Septic Notice y. Form #301-3w: Loan Payoff Request z. State-Specific Forms aa. Form # 327-3w: Repair FAQ Lending Guide. 7

8 8.11.bb. Form # 597-3w: Brochure: Is a Reverse Mortgage Right for You? cc. Fannie Mae Brochure: Considering a Reverse Mortgage? Review these 5 steps dd. HUD Brochure: When Your Home is on the Line ee. Sample Documents ff. Application Fee Counseling Policies a. General Guidelines b. Counseling the Borrowers Representatives c. Guidelines to Processing the Loan d. Penalties for Non-Compliance e. Allowed Activities Prior to Counseling f. Illinois Residential Real Property Disclosure Act (RRPDA) g. Prohibited Activities for Counselors h. Certificate Expiration Date Sources of HECM Counseling a. DirectConnect Reverse Mortgage Counseling Services : b. National Foundation of Credit Counselors: c. Money Management International: d. AARP: e. Local Housing Counseling Agencies Sources of HomeKeeper Counseling Verifying Identities Whose Identity Must Be Verified? Overview of the CIC Form Identify Affiliations and Professions a. Citizenship/Foreign Political Affiliation b. Types of Business Verify Essential Data a. What to Verify b. How to Verify c. Borrowers Without a Primary ID d. Minimum Age e. Non-Citizens Interpreters Lending Guide. 8

9 Ordering & Understanding Docs USPS Address USPS.com a. Procedure for Checking the Address on USPS b. Matching Addresses in File County Code in Mortgagee Limits a. Procedure for Checking Mortgagee Limits FHA, LDP, & GSA FHA CONNECTION (or CHUMS) a. Case Number Assignment b. Case Number Expiration c. CAIVRS Clearance d. Case Number Cancellation LDP & GSA Lists a. Procedure for checking GSA Lists b. Procedure for checking LDP Lists Credit Ordering the Credit Report Bankruptcies a. Chapter 7 Bankruptcies b. Chapter 13 Bankruptcies Foreclosure Tax Liens Student Loans Outstanding Mortgages Judgments Identity Appraisal Appraisal Report a. General Guidelines b. Subject Section c. Contract Section d. Neighborhood Section e. Site Section f. Improvements Section g. Sales Comparison Approach Section h. Reconciliation Section i. Additional Comments Section j. Cost Approach Section k. Income Approach Section l. Planned Unit Development Section m. Assumptions, Limitations, and Certifications Section Lending Guide. 9

10 8.32.n. Attachments o. HomeKeeper Property Inspection p. Expiration of Appraisals q. Re-use of appraisals Repairs Repair Policy Overview Which Repairs Must Be Completed When You Cannot Escrow for Repairs a. Nature of Repairs b. Total Cost of Repairs Contractor Qualifications Contractor Estimate (Bid) Requirements Repair Set Aside Calculation Inspection of Repairs Termite Guidelines a. Termite Infestation b. Termite Damage Flood & Hazard Flood Certification and Insurance a. GEO Coding b. Life of Loan c. Flood Insurance Hazard Insurance Mortgagee Clause Title & Liens Title Commitment a. Vendor Approval b. Ordering the Title Commitment c. Vesting d. Address Taxes, Liens and Payoffs Title Requirements for Title Insurance, Closing Agent/Attorney a. General Guidelines b. Insured Clause c. Insured Closing Letter heading moved to Closing Section d. Surveys in TX and FL Lending Guide. 10

11 File in Underwriting Submitting File a. Registering using RPS b. Last-Minute Checklist c. Where to Submit d. DOs and DON Ts for Stacking the File e. RUSH Files Pre-Underwriting Review Re-Disclosure Home Mortgage Disclosure Act (HMDA) Information Quality Control Office of Foreign Assets Control (OFAC) Split Workflow Following up Clearing Conditions Stale and On Hold Loans Closing Training Closing Training Special Circumstances HECM Streamlined Refinance a. Overview b. Other Servicers c. Steps to Originating and Processing a Refinance d. Disqualified Borrowers Death Certificate Info has been moved to the Title Section Subordination Multi-family Properties (HECM only) a. Definition b. General Guidelines c. Multi-family Appraisals Well and Septic Heating a. Oil Tanks b. Space Heaters c. Wood Stoves & Unusual Heat Sources Flat Roofs Agricultural Land and Excess Land a. Agricultural Land (Farms) b. Double Lots and Excess Acreage Lending Guide. 11

12 8.66. Private Roads and Shared Driveways Power of Attorney a. POA Document b. Application, Counseling & Competency c. Signing d. At Closing Guardian or Conservator a. Guardianship Document b. Application, Counseling & Competency c. Signing Documents Living Trusts a. General Trust Guidelines b. Beneficiaries c. Counseling d. Revocable Trusts e. Obtain a Copy of the Trust f. Trust Approval g. Trust Items Signed at Closing h. Trusts with POAs or Conservators Leasehold Life Estate Non-borrowing Spouses a. Legally Separated Spouses Planned Unit Development - PUD a. PUD Insurance Modular and Manufactured Homes a. Modular Homes b. Definition of a Manufactured Home c. Guidelines for Manufactured Homes d. Manufactured home appraisals Condominiums and Co-ops a. Definitions b. Co-Ops c. General Condo Guidelines d. Condo Insurance e. Condo Reserves f. Condo Appraisals g. Spot Condo Approval h. HUD Approved Condos i. Right of First Refusal Permitted for Condos j. Recreational Leases for Condos Lending Guide. 12

13 Section 9. HECM and HomeKeeper Loan Closing Introduction Important Notice Overview Basic Steps to Closing Call the Borrower Confirm Available Funds Using RMA Software a. Consider RMA an Estimate b. How to Be Accurate in RMA c. If RMA Chooses the Wrong Expected Rate What to Discuss Prior to Closing a. Payment Plan Setting the Closing Date Items from Settlement Agent Closing in Your Company s Name a. Should the Loan Close in Your Company s Name? b. How to Close in Your Company s Name Settlement Agent Approval a. Approval Requirements b. Insured Closing Letter Settlement Agent s Worksheets Payoffs Change in Vesting Illinois Lenders Wiring Instructions Items from Lender POAs and Guardians at Closing The Mini-HUD a. Where to Obtain b. What Can Be Listed c. Filling in the Form d. The HomeKeeper Mini-HUD Hazard Insurance a. Declarations Page Closing Worksheets Lending Guide. 13

14 Schedule Closing with Financial Freedom Scheduling the Closing Request Docs Early We Draw the Documents Financial Freedom Sends the Documents Use Our HUD At the Closing Attend the Closing Documents at the Closing Notaries Rescission and Audit Rescission Pre-Funding Audit Funding Funding Disbursement Loan Delivery (for lenders that close their own loans) 254 Post-Closing and Servicing Servicing Post-Closing Lending Guide. 14

15 Section 10. HECM and HomeKeeper Loan Servicing Sample HECM and HomeKeeper Loan Servicing Information Booklet Servicing Welcome Letter Line of Credit How long do I have to wait before my line of credit funds are available to me? How do I retrieve funds from my line of credit? Servicing Mail and Phone Information Where can I find the Line of Credit Request for Funds? What if I run out of the Line of Credit Request Coupons? How long will it take before my check is direct deposited? How do I set up my Reverse Mortgage Line of Credit for direct deposit? What if I need my funds tomorrow? Monthly Payments When will my first payment be mailed? When will I receive my monthly payment if I have elected direct deposit? Repair Information What do I need to know if I am having required repairs done? General Questions Why am I charged a monthly servicing fee and what is it? What is the Mortgage Insurance Premium (MIP)? What is a Repair Rider? What happens if I have an insurance loss to my property? Lending Guide. 15

16 Direct Deposit Information Direct Deposit Information Customer Questionnaire Statement Information a. Sample Monthly Statement b. Explanation of Monthly Statement Other Servicing Information Explanation of Repayment Process Partial Repayment (Before Loan Comes Due) a. HECM and HomeKeeper Prepayment b. Cash Account Prepayment c. Tax Deductability Eminent Domain When the Loan Amount Exceeds the Home Value a. Short Sale Payment Plan Changes Section 11. HomeKeeper for Home Purchase 277 Home Purchase Products How does the Home Purchase work? Steps to Obtain a Home Purchase Mortgage Loan Purpose Eligible Properties Loan Amount Differences in Loan Submission Loan Origination and Processing Underwriting Closing a. Closing Cost b. Other Payment Options Contact Information Gift Affidavit Home Purchase Worksheet Illustration Lending Guide. 16

17 Appendix: Quick-References Guide to the Application Information Form The Reverse Mortgage Loan Process Originator s Quick Reference Processor s Quick Reference Lending Guide. 17

18 Section 1. Administration Lending Guide. 18

19 Added 02/24/ Financial Freedom Senior Funding Corporation This Guide details the policies, procedures, and requirements for: Originating HECM, Home Keeper and Cash Account (collectively Reverse Mortgages) loans Submitting mortgage loans for processing, underwriting, and/or closing/funding Selling closed Loans to FFSFC FFSFC reserves the right to purchase loans which may vary from the policies, procedures, guidelines and other requirements of this Guide under separate negotiated agreements and/or individual Loan exception requests. Financial Freedom Senior Funding Corporation is sometimes referred to in this Guide as the company. Updated 07/20/ Updates to this Guide Periodically, this Guide will be updated. The Guide is available on the Wholesale Website at: https://correspondent.financialfreedom.com Added 02/24/ Seller Contract By signing the Seller Contract, the Seller is bound by all provisions of this Guide including, but not limited to, the applicable Representations and Warranties sections. The Seller agrees to deliver Loans in accordance with the applicable requirements of this Guide, the Seller Contract. The Seller shall deliver, and sell the Loans in accordance with prudent mortgage loan origination procedures generally accepted in the mortgage banking industry. Failure of a Seller to perform its obligations under the Guide or the Seller Contract constitutes a default under the Seller Contract, and permits the FFSFC to terminate its contractual relationship with that Seller. Lending Guide. 19

20 Added 02/24/ Business Hours and Holidays Financial Freedom s normal business hours are 8:00 a.m. to 5:00 p.m., Monday through Friday; however, with flex time, various operations personnel are available from 7:00 a.m. to 6:00 p.m. The offices are closed on the following holidays: New Year's Day, Martin Luther King Day, Presidents' Day, Memorial Day, Independence Day, Labor Day, Veteran s Day, Thanksgiving Day, the day after Thanksgiving, and Christmas Day. Any additions, deletions to the list above will be posted on the Wholesale Website as necessary. Added 02/24/ Addresses & Phone Numbers Loans should be submitted to one of two Fulfillment Centers: Eastern Fulfillment Center, 500 Northridge Road, Suite 500, Atlanta, GA Western Fulfillment Center, 1660 East Roseville Parkway, Ste 100, Roseville, CA All mail should be properly addressed to the appropriate person or department. Financial Freedom will not be held responsible for misdirected mail. Added 02/24/ Internet Home Page Access Financial Freedom s Internet Home Page at Added 02/24/ Amendment of Guide Added 02/24/06 This Guide may not be amended or modified orally, and no provision of the Guide may be waived or amended except as set forth below or in writing signed by the necessary parties. Such written waiver or amendment must expressly refer to the Guide and be denominated as an amendment to the Guide. 1.7.a. Guide Amendments or Supplements This Guide may be amended or supplemented from time to time by Lender Alerts or by the issuance of other written communications from Financial Freedom. Any amendments Lending Guide. 20

21 or revisions will become effective on the date specified in the applicable communication. If no date is specified, the effective date will be the date of the communication. Added 02/24/06 Added 02/24/ Legal Effect of Guide 1.8.a. Reliance Added 02/24/06 By entering into a Seller Contract with the Company, the Seller acknowledges that it is not relying upon the Company or any employee, agent or representative thereof, in making its decision to enter into the Contract, and that it has relied upon the advice and counsel of its own employees, agents and representatives as to the regulatory, business, corporate, tax, accounting and other consequences of entering into and performing its obligations under the Seller Contract. 1.8.b. Assignments A Seller shall not, in whole or in part, assign, transfer or grant a security interest in any of its obligations, rights or interest under any Seller Contract, including any of its rights or obligations under this Guide, without the Company s prior written consent. Any purported or attempted assignment or transfer of, or grant of a security interest in, any such obligations, rights or interest is prohibited and shall be null and void. Added 02/24/ c. Entire Agreement Added 02/24/06 This Guide, including the exhibits included in the Guide, the Seller Contract, and all updates and other documents incorporated by reference in the Guide, constitutes the entire understanding between the Company and the Seller and supersedes all other agreements, covenants, representations, warranties, understandings and communications between the parties, whether oral or written, with respect to the transactions contemplated by the Guide. 1.8.d. Governing Law; Venue This Guide shall be construed, and the rights and obligations of the Company and the Seller hereunder determined, in accordance with the laws of the state of New York, without giving effect to the conflict of law provisions thereof. Seller hereby agrees that any court action arising out of the Seller Lending Guide. 21

22 Contract shall be brought in any court of competent jurisdiction within the State of New York. Added 02/24/ e. Severability If any provision of this Guide or the Seller Contract conflicts with applicable law, the other provisions of the Guide and the Seller Contract that can be carried out without the conflicting provision will not be affected. Added 02/24/ f. Waiver Any delay or failure by the Company to exercise any right, power or remedy pursuant to the Guide or the Seller Contract shall not constitute a waiver thereof by the Company, and no single or partial exercise by the Company of any right, power or remedy shall preclude other or further exercise thereof or any exercise of any other rights, powers or remedies. Added 02/24/ g. Waiver of Right to Jury Trial The Seller voluntarily and knowingly waives any right it has to a jury trial pursuant to any court action brought by any party to the Seller Contract. Added 02/24/06 Added 02/24/ Confidentiality 1.9.a. Introduction Seller acknowledges that the Company has developed and owns valuable information related to its business, customers and programs, including but not limited to concepts, ideas, customer lists, business lists and plans, both oral and written, and terms of any other agreements, as well as financial information, and all other information which is confidential in nature, all of which is confidential and proprietary to the Company (the Confidential Information ). Seller shall not, at any time, in any manner, either directly or indirectly, divulge, disclose or communicate to any person, firm, corporation or other entity, Confidential Information or any other confidential or proprietary information concerning the Company and/or its affiliates, without the express prior written consent of an authorized executive officer of the Company or pursuant to a subpoena or order issued by a court of competent jurisdiction, or to an auditor or accountant Lending Guide. 22

23 or attorney if such person(s) executes a similar confidentiality agreement. Added 02/24/ b. Breach of Confidentiality Seller and the Company agree that in the event of any breach or threatened breach by Seller of any of the covenants in the foregoing provisions regarding confidentiality, the damage or imminent damage to the value of the Company s business will be irreparable and extremely difficult to estimate, making any remedy at law or in damages inadequate. Accordingly, Seller and the Company agree that the Company shall be entitled to injunctive relief against Seller in the event of any breach or threatened breach of the foregoing provisions relating to confidentiality, in addition to any other relief (including damages) available to the Company under this Guide or under applicable law. Added 02/24/ Protection of Consumer Information Except as expressly amended hereby, the terms and conditions with respect to confidentiality in the Seller Contract and elsewhere within this Lending Guide shall continue in full force and effect. Any term not otherwise defined herein has the meaning assigned to it in the Seller Contract. As used herein : 1. "Consumer Information" means any and all information relating to a specific person forwarded to Company by or through Seller, except to the extent that any such information is thereafter submitted directly to Company by such person(s) in connection with a request for or inquiry regarding credit or other services offered by Company. 2. "Applicable Law" means any and all federal, state and local statutes, regulations and other legal authority respecting the privacy of consumer information, including but not limited to the privacy provisions of the Gramm-Leach-Bliley Act (15 U.S.C et seq.), the Fair Credit Reporting Act (15 U.S.C et seq.), and any similar state laws. 3. "User" means a person who submits a loan inquiry or application for credit to or through Seller. Each party agrees to use and disclose Consumer Information only in accordance with Applicable Law. Before Seller forwards Consumer Information to Company, Seller will obtain the User's authorization to forward Consumer Information to unspecified third parties that may be able to Lending Guide. 23

24 extend credit to the consumer, on the terms and conditions the User requests, which authorization will apply to Company. Unless and until the User forms a customer or consumer relationship with Company, as those terms are defined under the regulations implementing the Gramm-Leach-Bliley Act, or provides Company separate authorization, Company will not use or disclose Consumer Information for any purpose other than i) to effect, administer, or enforce a transaction that user requests through Seller, or ii) pursuant to an enumerated exception to the opt-out and notice requirements under the regulations implementing the Gramm-Leach-Bliley Act provided in 12CFR Sections and Company and Seller shall each have in place a information security program, which program shall be designed to: i) ensure the security, integrity, and confidentiality of all Consumer Information and Company Consumer Information (as hereafter defined); ii) protect against hazards to the security, integrity, and confidentiality of Consumer Information and Company Consumer Information; and, iii) protect against unauthorized access to or use of Consumer Information or Company Consumer Information. Company and Seller will provide the other a copy of its information security program if requested. Seller acknowledges that pursuant to the Seller Contract it may receive non-public personal information from Company concerning customers and consumers of Company (as these terms are defined pursuant to the regulations implementing the Gramm-Leach-Bliley Act). With respect to such information ( Company Consumer Information ), Seller will not: a) use Company Consumer Information for any purpose other than in connection with the enforcement of it rights and the performance of its duties under the Seller Contract; b) share any Company Consumer Information with any affiliated or unaffiliated third party except in connection with the enforcement of its rights and the performance of its duties under the Seller Contract. Seller shall notify Company in writing immediately upon becoming aware of any Lending Guide. 24

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