Agreement
between eRateLock.com and Applicant ("You"):
Par 1. eRateLock.com does not make any warranties
or representations with regard to any person or persons
using this website to request a Rate Lock from you
including but not limited to the accuracy of the information
provided by said persons, their identity, credit record
or other information.You agree that any business transacted
between you and said persons is done so at your own
risk and you agree to indemnify and hold harmless
eRateLock.com from any and all claims and judgements
that may arise during the course of transacting business with said persons. eRateLock.com is an information provider only and is in no way a party to such business and you hereby waive any and all rights of legal recourse against eRateLock.com in connection with all business transacted with said persons. eRateLock.com is not responsible for the information posted by you on this website for any reason and you hereby indemnify and hold harmless eRateLock.com from any and all claims, injuries and judgements that may arise from such information whether due to carelessness, failure to proof or technical reasons.
Par 2. IMPORTANT: YOU MUST REFUND BORROWER'S DEPOSIT. By placing a loan listing on eRateLock.com, you are warranting and representing to the borrower that you will refund borrower's deposit upon closing or, upon borrower's request only, apply the amount of such deposit in credit toward the amount of cash due by said borrower at closing. If you fail to do so, you hereby indemnify and hold harmless eRateLock.com from any claims or judgements arising therefrom and your account will be terminated.
Par 3. IMPORTANT: YOU MUST DISCLOSE ANY RATE LOCK FEE. eRateLock.com is a free service to the borrower. You are strictly prohibited from recouping the cost of refunding borrower's deposit by charging the borrower a fee. All rate lock fees must originate with the wholesale investor only and be fully disclosed up front in your sample and/or individual Good Faith Estimate prepared for the borrower. If you fail to do so, your account will be subject to termination. Par 4. IMPORTANT: NO FLOATING POINTS. Floating points is strictly prohibited and eRateLock.com does not recognize an agreement to float points as a Rate Lock agreement. You hereby agree you will NOT float points on any Rate Lock agreement entered into by you with any registered user of eRateLock.com. If you do so, you're account will be subject to termination.
Par 5. IMPORTANT: NO UP FRONT FEES PRIOR TO THE RATE LOCK. You agree that you will NOT, under any circumstances, ask the borrower to pay or collect any up front fees of any kind prior to borrower receiving a Rate Lock agreement. If you do so, your account will be subject to termination.
Par 6. IMPORTANT: NO GRANTS OTHER THAN BOND MONEY. You agree that any home buying grant represented by you on eRateLock.com is an actual city, county or state bond program and any seller paid charities will be represented NOT as a charitable grant but as a "Seller Paid Down Payment Concession". If you fail to do so, your account will be subject to termination.
Par 7. IMPORTANT: NO FALSE REPRESENTATIONS. You agree not to make any false or misleading representations with regard to your services or corporate identity, such as representing yourself as an association or a non-profit entity without the express written consent and approval of eRateLock.com prior thereto. Keep it real. If you are a correspondent lender, you may post loans under your name as the lender. Furthermore, in the event you falsely represent yourself to be an employee or representative of any company or persons to which you are not than you hereby indemnify and hold harmless eRateLock.com against any and all legal remedies, actions and litigation arising therefrom by you or against you. Your account will be subject to termination in the event you fail to abide herewith.
Par 8. IMPORTANT: ABIDE BY STATE/ FEDERAL TRUTH IN LENDING LAWS AND ADVERTISING GUIDELINES. You agree that all loan listings made by you herein will be fully compliant with the laws of the state under which you have received your licensing and/or Federal laws if applicable with regard to all loan products and advertising elements within your listing. You will abide by all state and/or Federal advertising guidelines and truth in lending laws making all required disclosures therein. You indemnify and hold harmless eRateLock.com in the event you are deemed by state or Federal authorities to have violated such laws. Your account will be subject to termination in the event you fail to abide herewith.
Par 9. IMPORTANT: REVIEW OF RATE LOCK AGREEMENT. Prior to approval of your account, you must provide a copy of your Rate Lock agreement to eRateLock.com for review. eRateLock.com may reject your application if said agreement is deemed inadequate in any way in meeting all of customer's reasonable expectations of benefit from such agreement. Please forward a copy of your Rate Lock agreement via email to brokersupport@eratelock.com or by fax to (972) 680-8228.
Par 10. IMPORTANT: RIGHT TO DENY APPLICATION. eRateLock.com reserves the right to deny any application for any reason it deems satisfactory in order to insure the integrity and reputation of this website and service as well as to protect the best interests of its users.
Par 11. IMPORTANT: BOND RATE MONITOR. eRateLock.com does not make any warranties or representations regarding the Bond Rate Monitor product. Although the product is recommended to you as a valuable tool with which to maximize your productivity as a mortgage professional, use of the product is at your own risk and you hereby indemnify and hold harmless eRateLock.com from any and all claims, judgements and/or losses incurred by you in connection with your use therein.
Par 12. You hereby authorize eRateLock.com to conduct an electronic search of the public records as a background check on you in connection with the review of your application herewith to solely determine any criminal records associated with you. The result of such search shall remain confidential to the "public records search officer" of eRateLock.com and shall not be shared with other persons or parties, whether employed by or affiliated with eRateLock.com or not, for any reason whatsoever. You understand such public records search is necessary to protect the interests of all parties making use of the service herein and you shall furthermore indemnify and hold harmless eRateLock.com from any claims made by you or judgements which may arise from such public records search. You have agreed to pay an application fee to eRateLock.com, which fee is non-refundable for any reason whether your application is approved or not. eRateLock.com reserves the right to judge any results from such public records search as to determine its relative weight in connection with the approval or denial of your application herewith. |