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CLIENT PROFILE PLEASE FAX BACK TO 310-787-3107 BROKER/LOAN OFFICER PROFILE
DATE:________________ YOUR NAME:_________________________________________ TITLE:_______________________________________________ YOUR BROKER’S LICENSE#:___________________________
NAME OF MORTGAGE FIRM:_________________________________________ MORTGAGE FIRM ADDRESS:______________________________________________ _______________________________________ BUSINESS PHONE #:____________________________________ DIRECT PHONE #:______________________________________ FAX #:________________________________________________ MOBILE PHONE #:______________________________________ EMAIL ADDRESS:_______________________________________ WEBSITE ADDRESS:____________________________________ BROKERAGE FIRM –OR- CORRESPONDENT LENDER? (PLEASE CIRCLE ONE) PLEASE ANSWER THE FOLLOWING QUESTIONS:
HOW LONG WITH YOU COMPANY:_________YRS HOW LONG HAVE YOU BEEN ORIGINATING LOANS:_________YRS HOW LONG HAVE YOU BEEN IN THE MORTGAGE INDUSTRY:________YRS ARE YOU A FULL TIME MORTGAGE PROFESSIONAL: Y /N WHAT KIND OF LOANS: FHA/ VA/ CONV/ SUBPRIME DO YOU HAVE LICENSES FOR THE STATES YOU ORIGINATE IN? Y/ DO YOU ORIGINATE OUTSIDE YOUR HOME STATE? Y/ N DO YOU SIT WITH BORROWERS, FACE TO FACE? Y/ N WHAT IS YOUR CURRENT PROCESSING SITUATION? IN-HOUSE PROCESSING/ CONTRACT PROCESSING/ SELF-PROCESSING ( CIRCLE ONE) WHAT KIND OF SOFTWARE SO YOU USE? CALYX POINT/ GENESIS/ ENCOMPASS/ OTHER_____________________.(CIRCLE ONE) HOW DID YOU HEAR ABOUT MLPC? REFERRAL/ GOOGLE / YAHOO/ OTHER________________________. (CIRCLE ONE)
MY PROFILE ARE CORRECT. YOUR INITIALS: _________
PLEASE FAX BACK TO 310-787-3107
This Loan Processing Agreement is made and entered into this _____ day in the month ________ for the year 2005, by and between______________________________(company name), a U.S. company hereinafter referred to as “the Company”, and Mar Vista Gardens Holdings & Investments, Inc. (D.B.A. Mar Vista Loan Processing Center), a California corporation, hereinafter referred to as “MLPC”.
WITNESSETH: whereas, the Company is in the business of brokering/originating mortgage loan applications and; WHEREAS MLPC has experience in processing mortgage loans and is interested in processing mortgage loans originated by the Company in accordance with the terms set forth below. NOW, THEREFORE, the parties hereto agree as follows:
Loan Processing. The Company may, from time to time, submit loan applications it has originated to MLPC for loan processing. MLPC agrees to promptly and diligently process loan applications in compliance with all applicable laws and regulations. MLPC will make every reasonable effort to ensure that all loan applications are fully processed to the extent that the Company’s chosen lender requirements are satisfied.
Duties of the Company. The Company shall: (i) take and complete the application for the Loans (the “Application”); (ii) collect the Application fee; (iii) pre-qualify the applicants for the Loans (the “Applicant”); (iv) pull borrower credit report; (v) collect w-2’s, pay stubs, bank statements, tax returns; (vi) designate which appraiser MLPC shall use; (vii) complete and timely forward of the initial good faith estimate; (viii) deliver to MLPC the Application together with all other documents and information referenced in this paragraph (collectively, the “Loan File”), to be processed by MLPC.
The Company is also responsible for the following: (i) choosing an appropriate investor for MLPC to submit the loan to; (ii) locking in the interest rate with the investor; (iii) gathering additional items from the borrower as outlined on the “Needs List” as provided by MLPC; (iv) verifying accuracy of closing fee sheet; (v) forwarding all original documentation to MLPC or investor as requested.
Loan Processing Fees. The Company understands, and agrees to the fact that the most mutually desirable method of payment of all fees due to MLPC, accrued pursuant to the term of this agreement is by direct payment by the designated closing agent involved in each transaction. By signing this agreement, including separate attachment A, the Company pledges its complete support to the effort for this stated method of payment of fees due to MLPC, and further pledges that in cases where payment of third party processing fees are restricted it will instruct the closing agent to deduct from the funds due to the Company, the fees due to MLPC, and forward them directly to MLPC, upon all invoices submitted to closing agent.
Non-Employee Acquisition. Company shall not, on the Company’s behalf or on behalf of any other party, solicit, seek or acquire any processor employed by MLPC, at any time during or after the term of this agreement.
Disclosures. MLPC assumes no liability for errors or omissions of third parties on loan applications or closing documentation. The Company is entirely responsible for verifying closing figures and all documents prior to signing, as well as ensuring that all loan documents meet state and federal guidelines. Additionally, the Company is responsible for the following: (i) Preparing the “Good Faith Estimate”/Broker Demand/Fee Sheet (iii) Locking the chosen interest rate with the lender, (iv) Helping gather the missing items from the borrower as outlined on the “missing items list” as provided by MLPC, (v) Discussing the interest rates and loan terms with the borrower, and (vi) Forwarding all original documentation to MLPC as requested.
Indemnification. The Company shall indemnify, defend and hold MLPC harmless from any and all claims, liability and costs arising out of, or in any way connected with the Company’s performance under this Agreement. MLPC is also not responsible for any files that do not close.
Attorney’s Fees & Venue. If suit or action is instituted in connection with any controversy arising out of this Agreement or in the enforcement of any rights hereunder, the prevailing party shall be entitled to recover, in addition to costs, such sums as the court may adjudge reasonable as attorney’s fees, including fees on any appeal. In the event suit is maintained for the enforcement of any term of this agreement, or in the event any of the parties seek damages because of this Agreement,such suit shall be maintained in the state of California
Applicable Law. This agreement will be governed by, and construed in accordance with, the laws of the state of California
Confidentiality. MLPC agrees to treat as confidential the identities of, and all financial information submitted by, all borrowers whose loan application are being processed, or have been processed by MLPC.
Termination of Agreement. Either party may terminate this agreement at will.
No Partnership. This Agreement does not create a partnership relationship. The Company agrees MLPC is not an employee of the Company, and MLPC and the Company act as independent agents. The Company agrees that it will not at any time use the mane or logo of MLPC in any business transactions whether verbally or in print without express written authorization from MLPC. MLPC shall not be responsible for (i) the actions or failures of the Company, its agents, or representatives and (ii) the performance any third party companies such as appraisal, title or escrow.
Independent Contractor. The Company acknowledges and agrees that MLPC is not an employee of the Company and is an independent contractor. MLPC may, from time to time fill order forms on behalf of the Company in order to secure appraisals, title, surveys and other documents necessary to perform its processing obligations. It is understood that MLPC orders these documents as courtesy to the Company, and the Company agrees to accept 100% financial responsibility for any or all documents ordered in connection with the processing of their loan applications. The Company agrees to accept 100% financial responsibility for any audits conducted by state and federal agencies or claims made by borrower in connection with the Processed Loan File.
Fees and Charges. See below
fee is added to the settlement statement as an additional line item charge, similar to any other 3rd party fee. Fees for FHA/VA loans are received from the broker’s proceeds as the title company is instructed to issue a separate check to MLPC (as outlined in Attachment “A”).
IN WITNESS WHEREOF, the Company has entered into this agreement as of the date written herein below. By signing below, you certify that you are authorized to sign for the Company and agree to the aforementioned terms, as governed by the laws of the state of California.
Signed this day of 20 Agreed, as governed by laws of the state of California:
MLPC: (Signature) (Print Name/Title)
Company Representative: (Signature) (Print Name/Title)
Company-Wide Authorization. (INITIAL ONE)
X I am an independent broker/loan officer for the company, and would like this agreement to ONLY cover me. X I am the owner/co-owner/branch manager of the Company, and authorize this agreement to cover all my brokers/ loan officers.
NOTE: If Agreement is faxed: MLPC and the Company agree that this Agreement will be considered signed when the signature of a party is delivered by facsimile transmission. Signature transmitted by facsimile shall have the same effect as original signatures.
AUTHORIZATION FORM ATTACHMENT “A” In the event a processing fee is not permitted to be listed on a settlement statement (such as FHA or VA loans,etc.) I (Your Name) authorized agent for (Your Company Name) authorize and instruct, any designated closing agent, that is authorized to disburse funds on any loan applications originated by myself, partners, employees, loan officers, or representatives of my company, to withhold such charges from the brokerage fees due to my company and pay MAR VISTA LOAN PROCESSING CENTER directly for any submitted invoices for third party loan processing services.
I have dated this agreement and signed below to provide this authorization. This document will be accompanied by an invoice from MAR VISTA LOAN PROCESSING CENTER with instructions designating the dollar amount and address where to send the check.
This authorization and instruction is only limited to those loan applications “closed” or “funded” as those terms are generally known in the mortgage industry.
Signed this ______day of __________________20____. Agreed, as governed by the laws of the state of California:
MAR VISTA LOAN PROCESSING CENTER:
(Signature)___________________________________ (Print Name/Title) _________________________________
Company Representative:
(Signature)__________________________________
(Print Name/Title)___________________________________
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