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Definitions: |
• If this application is created as (or converted into) an “electronic |
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• "Lender" includes the Lender’s agents, service providers, and any of |
application”, I consent to the use of “electronic records” and |
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their successors and assigns. |
“electronic signatures” as the terms are defined in and governed by |
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• "Other Loan Participants" includes (i) any actual or potential owners of |
applicable Federal and/or state electronic transactions laws. |
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a loan resulting from this application (the “Loan”), (ii) acquirers of |
• I intend to sign and have signed this application either using my: |
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any beneficial or other interest in the Loan, (iii) any mortgage insurer, |
(a) electronic signature; or |
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(iv) any guarantor, (v) any servicer of the Loan, and (vi) any of these |
(b) a written signature and agree that if a paper version of this |
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parties' service providers, successors or assigns. |
application is converted into an electronic application, the |
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I agree to, acknowledge, and represent the following: |
application will be an electronic record, and the representation |
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of my written signature on this application will be my binding |
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(1) The Complete Information for this Application |
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electronic signature. |
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• The information I have provided in this application is true, accurate, |
• I agree that the application, if delivered or transmitted to the Lender |
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and complete as of the date I signed this application. |
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or Other Loan Participants as an electronic record with my electronic |
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• If the information I submitted changes or I have new information |
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signature, will be as effective and enforceable as a paper application |
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before closing of the Loan, I must change and supplement this |
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signed by me in writing. |
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application, including providing any updated/supplemented real |
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(5) Delinquency |
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estate sales contract. |
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• The Lender and Other Loan Participants may report information about |
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• For purchase transactions: The terms and conditions of any real |
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my account to credit bureaus. Late payments, missed payments, or |
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estate sales contract signed by me in connection with this application |
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other defaults on my account may be reflected in my credit report and |
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are true, accurate, and complete to the best of my knowledge and |
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will likely affect my credit score. |
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belief. I have not entered into any other agreement, written or oral, in |
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• If I have trouble making my payments I understand that I may contact |
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connection with this real estate transaction. |
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a HUD-approved housing counseling organization for advice about |
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• The Lender and Other Loan Participants may rely on the information |
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actions I can take to meet my mortgage obligations. |
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contained in the application before and after closing of the Loan. |
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• Any intentional or negligent misrepresentation of information may |
(6) Authorization for Use and Sharing of Information |
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result in the imposition of: |
By signing below, in addition to the representations and agreements |
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(a) civil liability on me, including monetary damages, if a |
made above, I expressly authorize the Lender and Other Loan |
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person suffers any loss because the person relied on any |
Participants to obtain, use, and share with each other (i) the loan |
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misrepresentation that I have made on this application, and/or |
application and related loan information and documentation, (ii) a |
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(b) criminal penalties on me including, but not limited to, fine or |
consumer credit report on me, and (iii) my tax return information, as |
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imprisonment or both under the provisions of Federal law |
necessary to perform the actions listed below, for so long as they have |
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(18 U.S.C. §§ 1001 et seq.). |
an interest in my loan or its servicing: |
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(2) The Property’s Security |
(a) process and underwrite my loan; |
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(b) verify any data contained in my consumer credit report, my |
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The Loan I have applied for in this application will be secured by |
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loan application and other information supporting my loan |
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a mortgage or deed of trust which provides the Lender a security |
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application; |
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interest in the property described in this application. |
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(c) inform credit and investment decisions by the Lender |
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(3) The Property’s Appraisal, Value, and Condition |
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and Other Loan Participants; |
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• Any appraisal or value of the property obtained by the Lender is |
(d) perform audit, quality control, and legal compliance analysis |
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for use by the Lender and Other Loan Participants. |
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and reviews; |
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• The Lender and Other Loan Participants have not made any |
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(e) perform analysis and modeling for risk assessments; |
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representation or warranty, express or implied, to me about the |
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(f) monitor the account for this loan for potential delinquencies and |
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property, its condition, or its value. |
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determine any assistance that may be available to me; and |
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(4) Electronic Records and Signatures |
(g) other actions permissible under applicable law. |
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• The Lender and Other Loan Participants may keep any paper record |
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and/or electronic record of this application, whether or not the Loan |
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is approved. |
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