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CONGRATULATIONS! - SWMC.com - Sun West Mortgage Company ...

CONGRATULATIONS! - SWMC.com - Sun West Mortgage Company ...

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MORTGAGE BROKER & CORRESPONDENT AGREEMENTThis <strong>Mortgage</strong> Broker and Correspondent Agreement (“Agreement”) is effective as of_____________, 20___ and is made by and between <strong>Sun</strong> <strong>West</strong> <strong>Mortgage</strong> <strong>Company</strong>, Inc.(“<strong>SWMC</strong>”), located at 18000 Studebaker Road, Suite 200, Cerritos, CA 90703 and___________________________________ (“B/C”) locatedat_________________________________________________________________.WHEREAS, B/C is in the business of originating, brokering, soliciting, and/or selling<strong>Mortgage</strong> Loans; andWHEREAS, B/C desires to sell and <strong>SWMC</strong> desires to purchase <strong>Mortgage</strong> Loans, in accordancewith the terms of this Agreement.NOW, THEREFORE, in consideration of the mutual covenants and agreements containedherein, the parties hereto agree as follows:1. DEFINITIONS“Ability to Repay Standards” the standards set forth in Regulation Z, 12 C.F.R. Part1026.43(c), as may be amended from time to time.“Applicable Law” means all federal, state, and local statutes, regulations, and agencyguidelines or handbooks, as amended from time to time, that relate to the solicitation,preparation, processing, origination, or servicing of loan applications or mortgage loans,including, but not limited to, the following: Consumer Credit Protection Act, all applicablepredatory and abusive lending laws, the Truth-In-Lending Act (TILA), the Equal CreditOpportunity Act, Home <strong>Mortgage</strong> Disclosure Act, Civil Rights Act of 1968, the Fair HousingAct, the Real Estate Settlement Procedures Act (RESPA), Fair Credit Reporting Act, the FloodDisaster Protection Act and the Financial Institutions Reform, Recovery and Enforcement Act(FIRREA), the Financial Services Modernization Act (Gramm-Leach-Bliley Act), the Dodd-Frank Wall Street Reform and Consumer Protection Act, and the Home Ownership andEquity Protection Act of 1994 (HOEPA).“Affiliated Service Provider” means a provider of services, including without limitation, title,escrow, appraisal, or loan processing services that (i) shares <strong>com</strong>mon officers, managers, oremployees with B/C; (ii) is owned in whole or in part by B/C, its officers, directors, oremployees or any relative of any officer, director, or employee; or (iii) owns B/C in whole orin part. “Relative” means a spouse or any other person who is related by blood, adoption ormarriage, within the second degree of consanguinity or affinity.“Confidential Information” means any confidential or proprietary information of <strong>SWMC</strong>, andany nonpublic personal information pertaining to any applicant or borrower, obtained by B/Cin connection with the transactions contemplated by this Agreement.“Fund,” “Funds,” “Funding,” or “Funded” refers to: (1) in the case of a wholesale <strong>Mortgage</strong>Loan, the funding of such Loan; and (2) in the case of a closed <strong>Mortgage</strong> Loan, <strong>SWMC</strong>’spurchase of the <strong>Mortgage</strong> Loan.“Guides” mean and include the <strong>SWMC</strong> Forward <strong>Mortgage</strong> Seller Guide (“Forward Guide”),<strong>SWMC</strong> Reverse <strong>Mortgage</strong> Seller and Underwriting Guide (“Reverse Guide”), <strong>SWMC</strong>’s ProductManual, lender alerts, and all other materials, including without limitation, product profiles,underwriting standards, loan <strong>com</strong>mitments, closing instructions, other <strong>com</strong>munications,overlays, announcements or guidelines published by <strong>SWMC</strong> on its website or provided to B/Cfrom time to time, as amended and supplemented, that are in effect at loan Funding. <strong>SWMC</strong>may amend the Guides from time to time. All provisions of the Guides are incorporated byreference into the Agreement, and shall be binding upon B/C.Initials:________ BC App Ver. 7.7 10/06/2014 Page 6

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