| LOAN
PROCESSING AGREEMENT
THIS LOAN PROCESSING AGREEMENT is made and entered into this _____day
of _________, 200___by and between ____________________Hereinafter
referred to as “The Broker” and OUTSOURCE MORTGAGE PROCESSING
(Hereinafter referred to as OMP).
WITNESSETH:
WHEREAS, The Broker
is in the business of originating and brokering mortgage loans;
and
WHEREAS OMP is in the
business of processing mortgage loans, and is interested in processing
mortgage loans originated by The Broker under the terms and conditions
set out herein.
NOW THEREFORE, the parties
hereto agree as follows:
Loan Processing.
The Broker may, from time to time, submit loan applications it has
originated to OMP for loan processing. OMP agrees to promptly and
diligently process such loan applications in compliance with all
applicable laws and regulations. OMP will make every reasonable
effort to ensure that all loan applications are fully processed
to the extent that The Broker’s chosen lenders’ requirements
are satisfied.
If agreed by The Broker,
OMP will order title, surveys, payoffs, hazard insurance, appraisals,
escrow, and verification requirements which may be required, from
companies of The Broker’s choice.
Processing Fees.
The Broker understands, and agrees to, the fact that the most desirable
method of payment of all fees due to OMP is by direct payment through
the designated closing agent. By signing this agreement, and authorization
attached titled “Exhibit A”, The Broker pledges complete
support for this method of payment of fees due to OMP, in all cases
possible.
The Broker further pledges
that in cases where third party processing fees are restricted The
Broker will instruct the closing agent to deduct from funds due
to The Broker, any fee due to OMP, and forward that fund to OMP.
Our fees are subject
to change. In this event OMP will give The Broker a minimum of thirty
(30) days notice. For current Fees see Loan processing Fee “Exhibit
B”.
Disclosures.
OMP assumes no liability for errors of omissions of third parties
on loan applications or closing documentation. The Broker is entirely
responsible for verifying closing figures, and all documents prior
to signing, as well as assuring that all loan documents meet State
and Federal guidelines.
In addition, The Broker
is responsible for: 1) choosing the lender; 2) locking the interest
rate with the lender; 3) helping to gather the items form the borrower
as outlined by underwriting conditions.,4) keep OMP updated of any
changes in the policies and practices of their chosen lender.
Confidentiality.
OMP agrees to treat as confidential the identities of, and all financial
information submitted by, all borrowers whose loan applications
are being processed, or have been processed by OMP. OMP further
agrees not to solicit, transfer, or convey any loan application
information or Broker’s business practice information to any
other companies, individuals or third parties.
Termination
Of Agreement. Either party may terminate this agreement
at will. If either party terminates this Agreement, OMP agrees to
promptly deliver to The Broker all loan application files currently
being processed, and all files for loans that have closed, in exchange
for a check for all work performed by OMP.
Non -solicitation.
OMP agrees that it will not solicit any borrowers whose loan applications
are submitted to OMP for the purpose of obtaining loans for such
persons.
Independent
Contractor: The Broker acknowledges and agrees that OMP
is not an employee of The Broker, and further acknowledges OMP is
an independent contractor. OMP may, form time to time, fill our
order forms on behalf of The Broker in order to secure appraisals,
credit reports, title insurance, surveys or other documents necessary
to perform its processing obligations. It is understood and agreed
that OMP orders these documents as a courtesy to The Broker, and
The Broker agrees to accept financial responsibility for any and
all documents ordered in connection with the processing of their
loan applications.
Any Changes
Made to this agreement by operation of law will not void
the entire agreement, and it is agreed to abide by any parts of
this agreement not affected until canceled by either party as described
herein.
IN WITNESS WHEREOF,
The Broker has entered into this Agreement as of the date written
herein below.
The Broker Company
Name:_______________________________Telephone#_____________
Address:______________________________________________Fax:___________________
City _______________State___________Zip________________E-Mail:_________________
Signature:_______________________________________Title:_________________________
Print Name:______________________________________Date:________________________
Fax
this completed Agreement including Exhibit A and B to 909-273-0166
CLICK
HERE to download and print Exhibit A -
PAYMENT FOR PROCESSING AUTHORIZATION
CLICK
HERE to download and print Exhibit B -
LOAN PROCESSING FEES
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