1st Mortgage Home Loan
Servicing Disclosure Statement
NOTICE TO MORTGAGE LOAN APPLICANTS: THE RIGHT TO COLLECT YOUR MORTGAGE LOAN PAYMENTS MAY BE TRANSFERRED. FEDERAL LAW GIVES YOU CERTAIN RELATED RIGHTS. READ THIS STATEMENT AND SIGN IT ONLY IF YOU UNDERSTAND ITS CONTENTS.
Because you are applying for a mortgage loan covered by the Real Estate
Settlement Procedures Act (RESPA) you have certain rights under Federal
law. This statement tells you about those rights. It also tells you
what the chances are that the servicing for this loan may be transferred
to a different loan servicer. AServicing@ refers to collecting your
principal, interest and escrow account payments, if any. If your loan
servicer changes, there are certain procedures that must be followed.
This statement generally explains those procedures.
Transfer Practices and Requirements
If the servicing of your loan is assigned, sold, or transferred to a new servicer, you must be given written notice of that transfer. The present loan servicer must send you notice in writing of the assignment, sale or transfer of the servicing not less than 15 days before the effective date of transfer. The new loan servicer must also send you notice within 15 days after the effective date of transfer. The present servicer and the new servicer may combine this information in one notice, so long as the notice is sent to you 15 days before the effective date of the transfer. Also, a notice of prospective transfer may be provided to you at settlement (when title to your new property is transferred to you) to satisfy the requirements. The law allows a delay in the time (not more than 30 days after a transfer) for servicers to notify you under certain limited circumstances, when your servicer is changed abruptly. This exception applies only if your servicer is fired for cause, is in bankruptcy proceedings, or is involved in a conservatorship or receivership initiated by a Federal agency.
Notices must contain certain information. They must contain the effective date of the transfer of the servicing of your loan to the new servicer, the name, address, and toll-free or collect call telephone number of the new servicer, and toll-free or collect call telephone numbers of a person or department for both your present servicer and your new servicer to answer your questions about the transfer of servicing. During the 60-day period following the effective date of the transfer of the loan servicing, a loan payment received by your old servicer before its due date may not be treated by the new loan servicer as late, and a late fee may not be imposed on you.
Complaint Resolution
Section 6 of RESPA gives you certain consumer rights, whether or not your loan servicing is transferred. If you send a Aqualified written request@ to your loan servicer concerning the servicing of your loan, your servicer must provide you with a written acknowledgment within 20 business days of receipt of your request. A Aqualified written request@ is a written correspondence, other than notice on a payment coupon or other payment medium supplied by the servicer, which includes your name and account number, and your reasons for the request. Not later than 60 business days after receiving your request, your servicer must make any appropriate corrections to your account, and must provide you with a written clarification regarding any dispute. During this 60-day period, your servicer may not provide information to a consumer reporting agency concerning any overdue payment related to such period or qualified written request.
Damages and Costs
Section 6 of RESPA also provides for damages and costs for individuals in circumstances where servicers are shown to have violated the requirements of that Section.
Servicing Transfer Estimates by Original Lender
1. The following is our best estimate of what will happen to the servicing of your mortgage loan. We are able to service your loan, although it is possible that we may assign, sell or transfer the servicing of your loan sometime while the loan is outstanding.
2. For all the mortgage loans of your type that we make in the 12-month period after your loan is funded, we estimate the percentage of loans for which we will transfer servicing is between:
___ 0% to 25% ___ 26% to 50% ___ 51% to 75% X 76% to 100%
This is only our best estimate and it is not binding. Business conditions or other circumstances may affect our future transferring decisions.
3. This is our record of transferring the servicing of the mortgage loans we have made in the past:
| Year |
Percentage of Loans Transferred (rounded to nearest quartile- 0%, 25%, 50%,75%, or 100%) |
| 2003 |
100% |
| 2004 |
100% |
| 2005 |
100% |
Acknowledgement of mortgage loan applicant:
I/we have read this disclosure form, and understand its contents, as evidenced by my/our signature(s) below.
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Borrower - Date
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Borrower - Date