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PROCESSING AGREEMENT
PROCESSING AGREEMENT
THIS PROCESSING AGREEMENT (This "Agreement") is made
and entered into this ______day of____________,20_____by and between_____________________________________________(Mortgage
Broker), a U.S. company hereinafter referred to as "the Broker"
and MortgageTek Processing Services, Inc.
RECITALS
WHEREAS, MortgageTek Processing Services, Inc. has substantial
experience processing mortgage loan applications and is interested
in processing mortgage loan applications and arranging for funding
of loans originated by the Broker in accordance with the terms set
forth below.
WHEREAS, the Broker is in the business of brokering mortgage
loan applications and desires to enter into a contractual arrangement
with MortgageTek Processing Services, Inc. pursuant to which MortgageTek
Processing Services, Inc. will process the Loans submitted to MortgageTek
Processing Services, Inc. by Broker.
NOW THEREFORE, for and in consideration of the mutual covenants
and conditions herein contained and other good and valuable consideration,
the receipt and adequacy of which is hereby acknowledged, the parties
agree as follows:
1. Duties of Broker. Broker 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 tri-merge infile
credit report; (v) collect W-2's, pay stubs, bank statements, tax
returns; (vi) designate which appraiser MortgageTek Processing Services,
Inc. shall use and pay such appraiser directly; (vii) complete and
timely forward of the initial good faith estimate; (viii) deliver
to MortgageTek Processing Services, Inc. within one business day
of the Application, (if truth-in-lending is to be prepared by MortgageTek
Processing Services, Inc. ) the Application together with all other
documents and information referenced in this paragraph (collectively,
the "Loan File"), to be processed by MortgageTek Processing
Services, Inc.
Broker is also responsible for the following: (i) choosing an appropriate
investor for MortgageTek Processing Services, Inc. to submit the
loan to; (ii) locking in interest rate with the investor and/or
requesting a rate extension; (iii) choosing a title/escrow agency;
(iv) verifying accuracy of closing fee sheet; (v) assisting processor
with documents needed from borrower when borrower is non-responsive
(vi) forwarding all original documentation to MortgageTek Processing
Services, Inc. or investor as requested.
2. Duties of MortgageTek Processing Services, Inc. MortgageTek
Processing Services, Inc. shall, immediately upon receipt of the
Loan File via electronically or hard file, begin processing same
for closing, which shall include the following: (i) preparation
and delivery of Truth-in-Lending disclosures (except for the initial
good faith estimate); (ii) ordering verifications of employment,
deposit, and rental or mortgage history; credit report updates or
full RMCR;(iii) ordering appraisal and flood certification; (iv)
ordering FHA/VA case numbers; (v) ordering title reports; (vi) entering
data into LP/DU origination a system as directed by Broker; (vii)ordering
and assembling such other information needed to fully process the
Loan; (viii) delivery of the Loan File, fully processed (the "Processed
Loan File") to the Lender's investor, as the case may be, for
final approval; (ix) scheduling of closing and completion of fee
sheet; x) return of "Processed Loan file" accompanied
with e:mail transmission of final file.
3. Contact with Applicant. MortgageTek Processing Services,
Inc. acknowledges that the Applicant is proprietary to the Broker;
however, Broker agrees that MortgageTek Processing Services, Inc.
may contact and otherwise discuss the respective Loan File with
and obtain information from the Applicant.
4. Fees. Broker shall pay to MortgageTek Processing Services,
Inc. the total amount of $400.00 for all loan files payable as follows:
(i) $400.00 shall be due and payable at closing, i.e. paid by the
closing agent to MortgageTek Processing Services, Inc. Loans outside
the Chicago metropolitan area will be charged an additional $25.
iii) Stand alone 2nd mortgages will be charged a processing fee
of $400.00, joint with a 1st mortgage the 2nd mortgage fee will
be $200.00. In the event a borrower declines the 2nd mortgage after
underwriting approval, the full fee of $600 will be charged to the
1st mortgage; iv) requests for Subordination Agreements will incur
an additional fee of $50 with any charges by lender being paid by
broker or borrower.
If Closing Agent fails to pay MortgageTek Processing Services Inc.
or includes MortgageTek Processing Services, Inc. fee in Broker
check, Broker shall pay MortgageTek Processing Services, Inc. directly
and within seven calendar days of funding.
5. Additional Expenses Incurred. MortgageTek Processing Services,
Inc. agrees to pay for normal operating expenses involved with processing
loan applications for the Broker. If excessive expenses are incurred
such as copying expenses in excess of 2 copies per loan application,
verification of employment fees ($12-$15) -Work# for Everyone charges,
submission of file to additional investors ($25) and other unforeseen
expenses in connection with processing loan application for the
Broker, in most instances the expense can be passed on to the borrower.
In the event fees cannot be billed to borrower, MortgageTek Processing
Services, Inc. may submit a detailed bill to the Broker for reimbursement
within 15 calendar days of receipt for such expenses incurred. The
Broker shall pay directly to MortgageTek Processing Services, Inc.
$200.00 plus any incidental charges as mentioned above for all Loan
Files, immediately upon cancellation, if the Loan File has been
submitted to the Underwriter and approved. MortgageTek Processing
Services, Inc. shall not be responsible for any incidental charges
necessary for processing the Loan File including, without limitation,
courier or overnight fees involved in forwarding the Processed Loan
File or any other documents to the Company, its investor or any
other party. In this regard, Broker shall provide MortgageTek Processing
Services, Inc., Broker's Federal Express (or other overnight courier)
and same day messenger, billing numbers and hereby authorize MortgageTek
Processing Services, Inc. use of same in connection with the processing
of the Loan Files.
6. Representations and Warranties. Each party represents
to the other that the respective duties and obligations of each
party shall be performed in a prompt and professional and prudent
manner in accordance with all applicable state and federal regulations,
including without limitation, the Real Estate Settlement and Procedures
Act of 1974 and the Federal Truth-in-Lending Act. All loan information
between parties to this agreement will be confidential and not sold
to or discussed with parties outside of this agreement. MortgageTek
Processing Services, Inc. further warrants that it will not solicit
any of the borrowers whose loan applications are submitted to MortgageTek
Processing Services, Inc. for the purpose of obtaining loans for
such persons. MortgageTek Processing Services, Inc. will not convey
or transfer any loan application to any other brokerage company
without specific written permission from the Broker.
7. Nature of Relationship. MortgageTek Processing Services,
Inc. and Broker acknowledge that at all times they are operating
as independent parties. Nothing contained herein shall constitute
a partnership or joint venture between MortgageTek Processing Services,
Inc. and Broker. Broker acknowledges that MortgageTek Processing
Services, Inc. is not an employee of the Broker but operating as
an "Independent Contractor". MortgageTek Processing Services,
Inc. may, from time to time, fill out order forms on behalf of the
Broker in order to secure appraisals, credit reports, verifications
of employment, deposit and rent or mortgage history, insurance certificates
and other documents necessary to perform its processing obligations.
The Broker 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. Mortgage Broker
does not assume financial responsibility in the event MortgageTek
Processing Services, Inc. is found to have committed fraud on a
Processed Loan File.
8. Termination. Either party upon 30 days prior written notice
may terminate this Agreement. If either party terminates this Agreement,
MortgageTek Processing Services, Inc. agrees to promptly deliver
to the Broker all Loan Files currently being processed, and all
Loan Files which have closed, in exchange for a check for all work
performed by MortgageTek Processing Services, Inc. as referenced
to in paragraphs 4 and 5 (Fees and Additional Expenses Incurred).
9. Indemnification. Each party agrees to indemnify and hold
the other party harmless from and against any and all claims, demands,
liabilities, causes of action and expenses, including attorney's
fees, relating to or arising out of or in connection with such party's
breach of representations and warranties or other term or provision
of this Agreement.
10. Binding Effect. This Agreement shall be binding upon
and insure to the benefit of the parties hereto and their respective
successor and assigns.
11. Notices. All notices hereunder shall be in writing,
shall be deemed given on the date of service if served personally
on the party to whom notice is being given, or on the second day
after mailing if mailed to party to whom notice is being given by
first class mail, return receipt requested, postage prepaid and
addressed as follows:
If to MortgageTek Processing Services, Inc. :
MortgageTek Processing Services, Inc.
551 Clover Drive
Algonquin, IL 60102
Telephone #:847-458-6636
Fax #: 847-458-6656
E-Mail: smueller@mortgagtek.org
If to Broker: Company Name:______________________________
Address: ______________________________
______________________________
Telephone#: ______________________________
Fax #: ______________________________
E-Mail: ______________________________
12. Severability. If any provision of this Agreement is
held to be invalid or unenforceable, such holding shall not affect
the remainder of this Agreement, which shall be enforced to the fullest
extent practicable.
13. Attorney's Fees: In the event of a dispute concerning the
subject matter hereof, the prevailing party shall be entitled to recover
its costs and reasonable attorney's fees incurred in litigating or
otherwise resulting the dispute.
14. Time is of the Essence. Time is of the Essence of this
Agreement.
15. Entire Agreement. This Agreement expresses the entire understanding
of the parties concerning the subject matter hereof and may not
be modified or amended except by written notice executed by the
parties.
MortgageTek Processing Services, Inc.
By: ________________________________
Sheri A. Mueller, President
BROKER:
By: _________________________________
Printed Name:_________________________
Its:_________________________________
Social Security #________________________
Click to Download the Agreement
Copyright © 2006 Mortgagetek Processing Services, Inc. rev. 02/01/2006
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