RENOVATION LOAN REGISTRATION FORM

Transcription

1 RENOVATION LOAN REGISTRATION FORM Loan & Originator Information: Date Registered: / / Permanent Lender: Loan #: Loan Amt: $ Type: FHA Streamlined (k) FHA Regular 203(k) USDA w/repair Escrow Originator s Company: Originator: Processor: Phone: Fax: Borrower & Property Information: Borrower: First Middle Last Co-Borrower: First Middle Last Property Address: City: County: State: Zip: Title Company Information: Company Name: Contact: Address, City, State, Zip: Phone: Fax: FHA 203(k) Consultant Information, if applicable: Consultant Name: Consultant ID #: Address, City, State, Zip: Phone: Fax: Contractor Information: Company Name: Contact: Address, City, State, Zip: Phone: Fax: Contractor Information: Company Name: Contact: Address, City, State, Zip: Phone: Fax: PLEASE ATTACH SHEET FOR ADDITIONAL CONTRACTORS 5100 W Kennedy Blvd, Ste 160 Tampa, FL FAX

2 RENOVATION LOAN BORROWER'S DISCLOSURE Borrower(s): Property Address: City: State: Zip: Lender: Borrower hereby warrants and represents (which warranties, covenants, agreements and representations shall survive the making of any and all advances) to Lender, its agents, successors and/or assigns (hereinafter collectively called Lender ) as follows: Borrower acknowledges that Borrower will select and investigate or has selected and investigated the background, experience and reputation of any and all contractors (hereinafter referred to as Contractors ) who will furnish labor, material or other services for the construction of said improvements and that Lender has, and shall have, no responsibility or liability whatever for such persons or for the quality of their materials or workmanship. Borrower acknowledges that Lender has the right to verify the acceptability of Borrower s selection of any or all Contractors in accordance with the guidelines set forth by the Department of Housing and Urban Development (hereinafter referred to as HUD ), USDA, or Fannie Mae and, additionally, Lender has the right to disallow any or all Contractors that do not meet the guidelines for Contractors as set out by HUD, USDA, or FNMA. Borrower understands that these statements and acknowledgments are made for the purpose of inducing the Lender to advance the money pursuant to the terms of the Loan documents, and the Lender is relying upon the truth and accuracy of the statements made in advancing such loan proceeds. Further, Borrower agrees to indemnify and save Lender, its agents, successors and/or assigns, harmless against costs, damages, attorney's fees, expenses and liabilities which it may incur or sustain in connection with the incorrectness of any of these representations or any court action arising therefrom and will pay the same upon demand. Borrower further agrees to indemnify and save Lender, its agents, successors and/or assigns, harmless from any claims by or against the Contractor or any subcontractors or material suppliers. EXECUTED this day of, 20. Borrower s Signature Date Co-Borrower s Signature Date

3 RENOVATION LOAN HOMEOWNER/CONTRACTOR AGREEMENT FHA Case #: Owner(s): Property Address: City: State: Zip: CONTRACTOR S COMPANY NAME: CONTACT PERSON: ADDRESS, CITY, ST, ZIP: PHONE NUMBER: FAX NUMBER: ADDRESS: THIS AGREEMENT, made this date, / /, between the above mentioned Homeowner (Owner) and Contractor, is for the rehabilitation of the property located at that has been approved for mortgage insurance for an FHA loan under Section 203(k) of the National Housing Act. The Owner(s) shall pay the Contractor the sum of $ for completion of the work, including all sales tax due by law, together with such increases or decreases in the contract price as may be approved in writing by the Lender. The work will begin within 30 days of the loan closing with the Lender and will be completed by, unless delayed beyond the Contractor s control. The General Provisions listed below are made a part of this Agreement, between the Owner(s) and the Lender, or as described below (or on an attached sheet): 1. Contract Documents: This Agreement includes all general provisions, special provisions and attached proposals that were accepted by the lender. Work not covered by this agreement will not be required unless it is required by reasonable inference as being necessary to produce the intended result. By executing this Agreement, the contractor represents that he/she has visited the site and understands local conditions, including state and local building regulations and conditions under which the work is to be performed. 2. Owner: Unless otherwise provided for in the Agreement, the owner will secure and pay for necessary easements, exceptions from zoning requirements, or other actions which must precede the approval of a permit for this project. If owner fails to do so then this contract is void. If the contractor fails to correct defective work or persistently fails to carry out the work in accordance with the agreement or general provisions, the owner may order the contractor in writing to stop such work, or a part of the work, until the cause for the order has been eliminated. 3. Contractor: The contractor will supervise and direct the work and the work of all subcontractors. He/she will use the best skill and attention and will be solely responsible for all construction methods and materials for coordinating all portions of the work. Unless otherwise specified in the Agreement, the contractor will provide for and/or pay for all labor, materials, equipment, tools, machinery, transportation, and other goods, facilities and services necessary for the proper execution and completion of the work. The contractor will maintain order and discipline among employees and will not assign anyone unfit for the task. The contractor warrants to the owner that all materials and equipment incorporated are new and that all work will be of good quality and free of defects or faults. The contractor will pay all sales, use and other taxes related to the work and will secure and pay for building permits and/or other permits, fees,

4 inspections and licenses necessary for the completion of the work unless other wise specified in the Agreement. The contractor will indemnify and hold harmless the owner from and against all claim, damages, losses, expenses, legal fees or other costs arising or resulting from the contractor s performance of the work or provisions of this section. The contractor will comply with all rules, regulations, laws, ordinances and orders of any public authority or HUD inspector bearing on the performance of the work. The contractor is responsible for, and indemnifies the Owner against, acts and omissions of employees, subcontractors and their employees, or others performing the work under this Agreement with the contractor. The contractor will provide shop drawings, samples, product data or other information provided for in this Agreement, where necessary. 4. Subcontractor: Selected by the contractor, except that the contractor will not employ any subcontractor to whom the owner may have a reasonable objection, nor will the contractor be required by the owner to employ any subcontractor to whom the contractor has a reasonable objection. 5. Work By Owner or Other Contractor: The owner reserves the right to perform work related to the project, but which is not a part of this Agreement, and to award separate contracts in connection with other portions of the project not detailed in this Agreement. All contractors and subcontractors will be afforded reasonable opportunity for the storage of materials and equipment by the owner and by each other. Any costs arising by defective or ill-timed work will be borne by the responsible party. 6. Binding Arbitration: Claims or disputes relating to the Agreement or General Provisions will be resolved by the Construction Industry Arbitration Rules of the America Arbitration Association (AAA) unless both parties mutually agree to other methods. The notice of the demand for arbitration must be filed in writing with the other party to this Agreement and with the AAA and must be made in a reasonable time after the dispute has arisen. The award rendered by the arbitrator(s) will be considered final and judgment may be entered upon it in accordance with applicable law in any court having jurisdiction thereof. 7. Cleanup and Trash Removal: The contractor will keep the owner s residence free from waste or rubbish resulting from the work. The contractor will remove all waste, rubbish, tools, construction materials, and machinery promptly after completion of the work. 8. Time: With respect to the scheduled completion of the work, time is of the essence. If the contractor is delayed at anytime in the progress of work by change orders, fire, labor disputes, acts of God or other causes beyond the contractor s control, the completion schedule for the work or affected parts of the work may be extended by the same amount of time caused by the delay. The contractor must begin work no later than 30 days after loan closing and will not cease work for more than 30 consecutive days. 9. Payments and Completion: Payments may be withheld because of, (1) defective work not remedied; (2) failure of contractor to make proper payments to subcontractors, workers, or suppliers; (3) persistent failure to carry out work in accordance with this Agreement or these general conditions, or (4) legal claims. Final payment will be due after complete release of any and all liens arising out of the contract or submission of receipts or other evidence of payment covering all subcontractors or suppliers who could file such a lien. The contractor agrees to indemnify the Owner against such liens and will refund all monies including costs and reasonable attorney s fees paid by the owner in discharging the liens. 10. Protection of Property and Persons: The contractor is responsible for initiating, maintaining, and supervising all necessary or required safety programs. The contractor must comply with all applicable laws, regulations, ordinances, orders or laws or federal, state, county or local governments. The contractor will indemnify the owner for all property loss or damage to the owner caused by his/her employees or his/her direct or subcontractors.

5 11. Insurance: The contractor will purchase and maintain such insurance necessary to protect from claims under workers compensation and from any damage to the owner(s) property resulting from the conduct of this contract. If insurance is not provided, a fully executed Indemnity Agreement must be provided. 12. Changes in the Contract: The owner may order changes, additions or modifications (using HUD form HUD-92577) without invalidating the contract. Such changes must be in writing, signed by the owner, and accepted by the lender. Not all change order requests may be accepted by the lender, therefore, the contractor proceeds at his/her own risk if work is completed without an accepted change order. The new repair item must also be included in the allowable repair items. 13. Correction of Deficiencies: The contractor must correct promptly any work of his/her own or his/her subcontractors found to be defective or not complying with the terms of the contract. 14. Warranty: The contractor will provide a one-year warranty on all labor and materials used in the rehabilitation of the property. This warranty must extend one year from the date of completion of the contract or longer if prescribed by law unless otherwise specified by other terms of this contract. Disputes will be resolved through the Construction Industry Arbitration Rules of the American Arbitration Association. 15. Termination: If the owner fails to make a payment under the terms of this Agreement, though no fault of the contractor, the contractor may, upon ten working days written notice to the owner, and if not satisfied, terminate this Agreement. The owner will be responsible for paying the contractor for all work completed. If the contractor fails or neglects to carry out the terms of the contract, the owner, after ten working days written notice to the contractor, may terminate this Agreement. The owner may finish the job by whatever reasonable method the owner deems expedient. If the cost of completion exceeds the contract balance, the difference, as well as reasonable attorney s fees if necessary, will be paid to the owner by the contractor. Owner s Signature Date Owner s Signature Date Contractor s Signature Date Name: Title:

6 RENOVATION LOAN INDEMNITY AGREEMENT Contractor: Borrower(s): Property Address: City: State: Zip: Loan Number: Lender: This agreement is made for the purpose of providing certain indemnifications to the Loan Disbursement Administrator and Lender, their agents, successors and/or assigns (hereinafter collectively referred to as Indemnitee ). WHEREAS Contractor and Borrower have entered into an agreement for Contractor to construct certain improvements on the Property, and WHEREAS Contractor has acknowledged that it does not carry a General Liability Insurance Policy, and WHEREAS Indemnitee s underwriting requirements necessitate that the Contractor carry General Liability Insurance in amounts acceptable to Indemnitee, and WHEREAS Borrower acknowledges that Borrower understands that Contractor has no such General Liability Insurance coverage, and WHEREAS as an inducement to Indemnitee to make a loan on said Property and waive their policy that generally requires a General Liability Insurance Policy covering the Contractor. NOW THEREFORE, FOR VALUE RECEIVED, the undersigned jointly and severally agree to indemnify, save, and hold harmless Indemnitee, their agents, successors and/or assigns, from any and all claims, actions, damages, liabilities or litigation arising out of the construction that would generally be covered by a general liability policy. In the event of any cause of action or claim asserted by a party to this Agreement or any third party, Indemnitee will provide the undersigned notice of such claim, dispute or notice. Thereafter, the undersigned shall, at its own expense, faithfully and completely defend and protect the Indemnitee against any and all liabilities arising from this claim, cause of action and/or notice. If the undersigned should fail to so successfully defend, the Indemnitee may defend, pay or settle the claim with full rights of recourse against the undersigned for any and all fees, costs, expenses, and payments, including but not limited to attorney fees and settlement payments, made or agreed to be paid, in order to discharge the claim, cause of action, dispute or litigation. This Agreement is binding upon and is to insure to the benefit of the parties, their successors, assigns, and personal representatives. Signed this day of, 20. Contractor s Signature Date Name: Title: Borrower s Signature Date Borrower s Signature Date

7 RENOVATION LOAN CONTRACTOR PROFILE REPORT For Lender Use Only: Case Number: Borrower s Name: Property Address, City, St, Zip: DATE: CONTRACTOR S COMPANY NAME: CONTACT PERSON: ADDRESS, CITY, ST, ZIP: PHONE NUMBER: FAX NUMBER: ADDRESS: CORPORATION JOINT VENTURE PARTNERSHIP INDIVIDUAL OTHER: NUMBER OF YEARS ORGANIZATION HAS BEEN IN BUSINESS UNDER PRESENT NAME: JURISDICTION(S) IN WHICH YOU ARE LEGALLY LICENSED/QUALIFIED TO DO BUSINESS: LICENSE NUMBER: LICENSE TYPE: LIST THE TYPES OF WORK PERFORMED DIRECTLY BY YOUR ORGANIZATION: PROVIDE INFORMATION ON AT LEAST THREE PROJECTS COMPLETED BY YOU OR YOUR ORGANIZATION WITHIN THE LAST YEAR. PLEASE INCLUDE THE NAME AND LOCATION OF THE PROJECTS, CONTACT INFORMATION, CONTRACT AMOUNTS, AND DATES OF COMPLETION. ATTACH SEPARATE SHEET IF NECCESSARY

8 ARE THERE ANY JUDGEMENTS, CLAIMS, ARBITRATION PROCEEDINGS OR SUITS PENDING OR OUTSTANDING AGAINST YOU OR YOUR ORGANIZATION OR ITS OFFICER? (IF SO, DESCRIBE IN AN ATTACHED DOCUMENT.) HAVE YOU OR YOUR ORGANIZATION FILED ANY LAWSUITS OR REQUESTED ARBITRATION WITH REGARD TO CONSTRUCTION CONTRACTS WITHIN THE LAST 5 YEARS?. IF SO, DESCRIBE IN AN ATTACHED DOCUMENT. FINANCIAL REFERENCES: INCLUDE BANKS/CREDITORS/BONDING COMPANIES (Include Phone Number) INSURANCE CO. TYPE AMOUNT $ INSURANCE CO. CONTACT PHONE # CONTRACTOR REPRESENTS AND WARRANTS THAT ALL INFORMATION IN THIS CONTRACTOR PROFILE IS COMPLETE AND ACCURATE. CONTRACTOR AUTHORIZES THE BORROWER AND/OR LENDER TO CONTACT THE REFERENCES LISTED ABOVE IN ORDER TO VERIFY THE INFORMATION IS COMPLETE AND ACCURATE. CONTRACTOR S COMPANY NAME: PRINTED NAME: TITLE: SIGNATURE: DATE: ADDITIONAL NOTES: