Common Mortgage Documents and Instructions This · PDF fileCommon Mortgage Documents and...

Common Mortgage Documents and Instructions

Deed of Trust: The Deed of Trust or Mortgage Deed is a document that transfers real property to a third party as security for a debt. This document needs to be initialed by the borrower on all pages and signed exactly as typed on the last page. The borrower will need to check that the loan amount and term are correct. Please have the borrower sign in black ink unless another color is specified. This document will need to be notarized and will be recorded with the county. (A1) Note: The Note is a document signed by the borrowers as acknowledgement of and as promise to repay a debt. The note contains an outline of the loan offered and includes information such as loan amount, interest rate, due dates, monthly payments amounts, and late charges. Allow the borrower to read through the note carefully but do not make any changes. If the customer is unsatisfied with any of the information please contact the loan officer or your designated Notary Direct (ND) Representative. If unable to reach the loan officer, please remind the borrowers of their three-day right to cancel, make a note in the file and continue the signing. (A2) HUD 1 Settlement Statement: This document details all costs involved with the loan. The HUD 1 will include any charges paid or owed by the borrower to the seller, the mortgage company, or any other third party involved. Line 303 of the HUD 1 will be checked if the borrower will be receiving a refund of deposit or if they will need to submit additional funds in order to close the loan. If the borrower owes additional monies, the signer should try to collect these funds at time of signing. The funds are usually required to be in the form of a cashiers check. If the borrower is unable to supply the additional amounts, please ask them to submit the funds to escrow, make a note in the file and continue with the signing. If the borrower has any questions regarding the fees please contact the loan officer or your designated ND representative immediately. Do not offer any opinions about any fees or terms in the documents. (A3) Truth In Lending Disclosure: This form discloses the APR of the loan along with various other terms including the total amount of payments, payment amounts, and prepayment penalties. The APR is the actual cost of a loan stated as a yearly rate; including such items as interest payments, principal payments, loan insurance, processing, credit reports, appraisals and loan origination fee. If the borrower questions the APR, please explain that it is NOT their note rate and show them a copy of the note. Sometimes this form is referred to as a TIL or Reg Z. (A4)

Notice of Right to Cancel: This document states the allowable time in which the borrower is able to cancel the loan transaction. The borrower is given three business days, (including Saturday), to cancel by signing the middle portion of the Right to Cancel and returning to the lender via mail or fax. The signer must fill out the final date on the middle section of the document. The borrower is given until midnight of the third day after signing excluding Sundays and National Holidays. A calendar has been provided to help determine correct dates. (A5) Please be very careful that the borrower signs only the bottom of the form. Please provide each borrower with two copies of the right to cancel and have all extra copies signed and returned to lender, as there are many cases in which the lender will require additional original documents. (A6) AKA/Signature Affidavit: This form will contain all names used by the borrower to obtain credit. The borrower must print and sign all name variations. (John Doe, John H. Doe, John Harold Doe, etc.) This document needs to be notarized. (A7) Errors and Omissions/Compliance Agreement: This document states that the borrower will fully cooperate and adjust for clerical errors, and provide any documentation deemed necessary by the lender for future sale or transfer of the loan. This information may be contained on a single page or on two separate forms. This document(s) needs to be notarized. (A8) Occupancy Affidavit/Financial Status Affidavit: This form certifies that the borrower is currently occupying the subject property or will occupy it by the close of escrow. Please have the borrower check whichever applies. It also states that there have been no significant changes in the borrowers’ financial status including employer, income, available cash, etc. This document needs to be notarized. (A9) Statement of Information: The Statement of Information contains the borrowers’ personal information such as address and employment information for the prior ten years. Please have the borrower fill out any incomplete information. The signer may want to have the borrower start this early as it takes a few minutes to complete. (A10) Loan Servicing Disclosure Statement: This form states the likelihood of the borrowers’ loan servicing being sold or transferred to another lender. A transfer of servicing will not affect the rate or term of the borrower’s loan. (A11) 4506 Tax Form Document: This form allows the lender to request a transcript of the borrowers’ tax returns for review. Each borrower will need to sign an individual 4506. Spouse signs only if listed on line 2a and 2b. (A12) Itemization of Amount Financed: This document breaks down the cost involved with the loan such as appraisal fees, tax and escrow fees and origination points. This form will also show whether the borrower is receiving any cash back from the transaction. (A13) W-9 Form: This form allows the lender to verify the borrower’s tax identification number. Please have the borrower verify that the number is correct and sign the middle of the form. (A14)

Agreement to Furnish Insurance: This document states that the borrower must have insurance on the subject property. This may be used for homeowners insurance or for flood insurance. (A15) Warranty Deed: An instrument that transfers real property from one person to another and in which the grantor promises that title is good and clear of any claims. This document needs to be signed by the exactly as typed. This document will need to be notarized and will be recorded with the county. (A16) Uniform Residential Loan Application: The lender uses this form to record relevant financial information about an applicant who applies for a loan. This form is also known as the 1003. For the most part applications require Four borrower signatures: the first signature is only required in the case of a joint application, top of page 1. The second signature is in the middle of page 4 in between section IX and X. The third signature is on the bottom of page 5. The fourth signature is at the bottom of page 6. Please instruct the borrower to review the applications and confirm all information is correct. Any corrections should be lined through, corrected and initialed by the borrower. (This form does not require a notary signature or seal) (A17)

Allonge to the Note: A piece of paper attached to a negotiable instrument or promissory note, on which endorsements can be written because there isn’t enough room on the instrument itself. The allonge must be firmly attached so as to become a part of the instrument. (Will not require signature for the most part) (A18) Borrower’s certification and authorization form: This document requires the borrower to certify that all the information within the loan application is correct. The borrower's certification and authorization also authorizes the lender to share information from the loan application with other parties involved in the mortgage transaction and to verify information on the loan application. This document needs to be signed by the borrower exactly as typed on the signature line at the bottom of page 2. (A19) Federal equal credit opportunity act: A notice to the borrowers/buyers that federal law prohibits lenders from discriminating on the basis of the borrower's race, color, national origin, religion, age, sex, marital status, or public assistance program participation. This document needs to be signed by the borrower exactly as typed on the bottom of the page. (A20)

Escrow Waiver: This form is an authorization by the lender for the borrower to pay taxes and insurance directly. Borrower must sign the bottom of the page exactly as typed to acknowledge the waiving of escrows. (A21)

Notice to Borrower of Property in Special Flood Hazard Area: This form is to notify the property owners/borrowers when the property securing a loan is located in a designated Special Flood Hazard Area (SFHA). This notification also informs the borrower whether their community is participating in the National Flood Insurance Program (NFIP) and is consequently eligible for flood insurance. Please contact Notary Direct if the lender did not mark one of the options. This document needs to be signed by the borrower exactly as typed on the bottom of the page. (A22)

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Currently, we do have one client that requires both signers to sign the top of the 1003, regardless of who is applying for credit. Please check with your notary direct representative for more instructions.

Flood Insurance Notification: Is a notification to inform the borrowers/buyers whether the property is located in a Special Flood Hazard Area (SFHA) as well if they are required to purchase flood insurance prior to closing the loan. The notice will also inform the borrowers/buyers if their community participates in the National Flood Insurance Program (NFIP) to be eligible to purchase insurance through NFIP. In some cases the lender has not yet determined if the property is located in a SFHA prior to closing the loan; in this case the lender has the responsibility to monitor the property in relation to existing or newly identified flood zones over the life of the loan, and the borrower is authorizing them to force place flood insurance for the property in the event that it IS found to be in a flood zone. The borrower agrees that he is responsible for paying for it in cash or through escrow, and if the borrower cancels it for any reason the note is considered to be in default. This document needs to be signed by the exactly as typed on the bottom of the page. (A23) Grant Deed: A grant deed is used for the sale or other transfer of real property from one person to another person. Each party transferring an interest in the property, or "grantor", is required to sign it. Not seen in every loan, this document is used only in certain states or jurisdictions. This document will need to be notarized and will be recorded with the county. (A24) USA Patriot Act: Bank/lender must obtain this completed form from each customer to verify the identity of any person seeking to open an account. The information collected includes name, date of birth (for an individual), address and identification number. The purpose of this documents it to help Government fight the funding of terrorism and money laundering activities. The borrower must present to the notary applicable identifying document for review. In some cases, two forms of identification are required. This form only requires the notary’s signature and date. (A25) Subordination Agreement: A written contract in which a lender who has secured a loan by a mortgage or deed of trust agrees with the property owner to subordinate the first loan to a new loan (thus giving the new loan priority in any foreclosure or payoff). In some cases, this document needs to be signed by the borrowers exactly as typed on the bottom of the page. Check the document closely to see if a borrower signature is required or not. Document needs to be notarized if signed by the borrower. (A26) The above is a partial list of document that may be included in the loan package. It is possible that not all of these documents will be in the loan package or that there may be some additional forms to complete. Please make sure that ALL documents are signed exactly the way they appear typed. The borrower should date all of the documents where a date line is provided. Please explain the documents in general terms and do not offer any opinion on the information contained in the package. Do not speculate on the funding date, as the signing is only one of many steps in the loan process.

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2013 Rescission Calendar Signing on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28

Rescission ends at midnight on 5 6 6 7 8 9 11 12 13 13 14 15 16 19 20 21 21 21 22 23 25 26 27 27 28 3/1 3/2 3/4

March

Signing on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 Rescission ends at midnight on 5 6 6 7 8 9 11 12 13 13 14 15 16 18 19 20 20 21 22 23 25 26 27 27 28 29 30 4/1 4/2 4/3 4/3

April

Signing on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30

Rescission ends at midnight on 4 5 6 8 9 10 10 11 12 13 15 16 17 17 18 19 20 22 23 24 24 25 26 27 29 30 5/1 5/1 5/2 5/3

May

Signing on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Rescission ends at midnight on 4 6 7 8 8 9 10 11 13 14 15 15 16 17 18 20 21 22 22 23 24 25 28 29 30 30 30 31 6/1 6/3 6/4

June

Signing on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30


July

Signing on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31


August

Signing on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31


September

Signing on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30


October

Signing on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31


November

Signing on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30


December

Signing on 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31

Rescission ends at midnight on 4 5 6 7 9 10 11 11 12 13 14 16 17 18 18 19 20 21 23 24 26 26 27 28 28 30 31 1/2 1/2 1/3 1/4

Sundays and National Holidays in bold. Every attempt has been made to ensure the accuracy of this calendar, however, we do not guarantee it, and are not liable for its use.

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CONFIDENTIAL STATEMENT OF INFORMATION

Escrow No.: Order No.:

In order to expedite the completion of your transaction, we are requesting that you complete the following “Statement of Information” form. We are not unnecessarily interested in your personal affairs, however, we have been asked to insure the title to real property in which you are interested and that requires a title search.In searching your title, we may encounter judgments, bankruptcies, divorces and/or income tax liens against persons with the same or similar names to yours. Such matters cloud the title to your property, unless eliminated. The information you provide, and your spouse (if you are married) or domestic partner can promptly eliminate all matters not directly affecting you or the property being searched, avoid any delay in your transaction and provide you with the most efficient service possible. Thank you for your cooperation in furnishing us with the necessary information and please be assured that your information is confidential and used only for the purpose, which we have stated.

Party 1 Party 2

FIRST MIDDLE LAST FIRST MIDDLE LAST

FORMER LAST NAME(S), IF ANY FORMER LAST NAME(S), IF ANY

BIRTHPLACE BIRTH DATE BIRTHPLACE BIRTH DATE

SOCIAL SECURITY NUMBER DRIVER’S LIC. # AND STATE SOCIAL SECURITY NUMBER DRIVER’S LIC. # AND STATE

____________________________ _______________________________ ________________________________ ____________________________

I AM SINGLE AM MARRIED HAVE A DOMESTIC PARTNER

I AM SINGLE AM MARRIED HAVE A DOMESTIC PARTNER

NAME OF CURRENT SPOUSE OR DOMESTIC PARTNER(if different from Party 2)

NAME OF CURRENT SPOUSE OR DOMESTIC PARTNER(if different from Party 1)

NAME OF FORMER SPOUSE OR DOMESTIC PARTNER(IF NONE, WRITE “NONE”)

NAME OF FORMER SPOUSE OR DOMESTIC PARTNER(IF NONE, WRITE “NONE”)

DECEASED DIVORCED DECEASED DIVORCED

WHEN: WHEN:

WHERE: WHERE: EVER FILED FOR BANKRUPTCY

YES [ ] NO [ ]

EVER FILED FOR BANKRUPTCY

YES [ ] NO [ ]

RESIDENCES LAST 10 YEARS

PartyOne Number and Street City, State, Zip Code From (Date) To (Date)

Number and Street City, State, Zip Code From (Date) To (Date)

PartyTwo Number and Street City, State, Zip Code From (Date) To (Date)

Number and Street City, State, Zip Code From (Date) To (Date)

OCCUPATIONS LAST 10 YEARS

PartyOne Occupation Firm Name Address No. Years

Occupation Firm Name Address No. YearsPartyTwo Occupation Firm Name Address No. Years

Occupation Firm Name Address No. Years

The Street Address of the Property in this Transaction is:

Party One Party Two

Signature: Signature:

Date: Date:

Home Phone: Home Phone:

Business Phone: Business Phone:

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Warranty Deed

THIS INSTRUMENT PREPARED BY (name and address)

THIS INDENTURE,

(The terms grantor" and "grant.." herein shall be construed to Include all genders and singular or plural as the contest Indicates.)

Made this day of 19 , Between (names of persons and legal title of giving deed)

of the County of , State of grantor; and (names of persons and their legal title receiving deed) whose post office address is of the County of State of grantee,

WITNESSETH: That said grantor, for and In consideration of the sum of Dollars, and other good and valuable considerations to said grantor In hand paid by said grantee, the receipt whereof is hereby acknowledged, has granted, bargained and sold to the said grantee, and grantee’s heirs, successors and assigns forever, the following described land, situate, lying and being in County, Florida, to wit:

(legal description of property)

The property appraiser’s parcel identification number of the property is:

and said grantor does hereby fully warrant the title to said land, and will defend the same against the lawful claims of any and all persons whomsoever.

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IN WITNESS WHEREOF, Grantor has hereunto set grantor’s hand and seal the day and year first above written. Signed, sealed and delivered in our presence:

______________________ ______________________________________(Seal)

_______________________

Print name of witness

____________________________ _____________________________________ (Seal)

____________________________

Print name of witness

STATE OF

COUNTY OF

I HEREBY CERTIFY that on this day before me, an officer duly qualified to take acknowledgments, personally appeared

to me known to be the person(s) described in or who identified themself(ves) by means of ___________and who executed the foregoing instrument and acknowledged before me the execution of same.

WITNESS my hand and official seal in the County and State last aforesaid this day of

Notary Public

M y commission expires:

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For a valuable consideration, receipt of which is hereby acknowledged,

_______________________________________________________________________________________ (Current Owner(s), including form of title)

hereby grant(s) to ________________________________________________________________________, (New Owner(s))

as ____________________________________________________________________________________, (An Unmarried Person / Joint Tenants / Tenants in Common / Community Property / Community Property with Right of Survivorship / etc.)

the following real property in the City of ___________________________________, County of

_____________________________________, California: (insert legal description)

Date: _____________________ _____________________________________________ (Signature of declarant) _____________________________________________ (Typed or written name of declarant) Date: _____________________ _____________________________________________ (Signature of declarant) _____________________________________________ (Typed or written name of declarant)

DOCUMENTARY TRANSFER TAX $___________ EXEMPTION (R&T CODE) ___________________ EXPLANATION ____________________________ _________________________________________ _________________________________________ Signature of Declarant or Agent determining tax

GRANT DEED

APN: _____________________________

State of California County of ________________________ On _______________, 20____, before me, ___________________________________, a notary public, personally appeared ___________________________________, who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(ies), and that by his/her/their signature(s) on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument.

I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct.

WITNESS my hand and official seal.

_____________________________________ Signature of Notary

NOTARY SEAL

Recording requested by (name):

________________________________________ And when recorded, mail this deed and tax statements to (name and address):

________________________________________ ________________________________________ ________________________________________ ________________________________________

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SAMPLE SUBORDINATION AGREEMENT (06/12/2006) FOR INFORMATION PURPOSES ONLY

PI-1588986 v1

SUBORDINATION AGREEMENT

THIS SUBORDINATION AGREEMENT (this “Agreement”), effective as of the day of the ______ of _________, 20z__, is made by and between ___________________________ ____________ ___________________, a Pennsylvania corporation, having an address of __________ __________________________, ____________, Pennsylvania _____ (the “Mortgagee”) and _______________________________________, ___________________, having an address of ________________________________ (collectively, the “Borrowers”).

W I T N E S S E T H:

WHEREAS, Borrowers are the owners of the real property described in Exhibit A attached hereto and incorporated herein (the “Property”);

WHEREAS, the Mortgagee is the holder of that certain mortgage encumbering the Property as recorded in the Office of Recorder of Deeds of Allegheny County, Pennsylvania on ___________ in Mortgage Book Volume ___, at Page ___ (the “Mortgage”);

WHEREAS, the Borrowers desire to grant and contribute certain easements of historic preservation and conservation (“Easements”) with respect to the Property pursuant to Section 170 of the Internal Revenue Code of 1986, as amended (the “Code”), to the Pittsburgh History & Landmarks Foundation, a Pennsylvania nonprofit corporation (the “Foundation”), which Easements are to be recorded in the Office of the Recorder of Allegheny County;

WHEREAS, in connection with the grant and contribution of the Easements to the Foundation and in order to compensate the Foundation for the fees it will incur in monitoring Borrowers’ compliance with the Easements, pursuant to that certain Special Warranty Deed of even date herewith (the “Deed”), Borrowers shall convey to the Foundation a ______ percent (__%) undivided tenant in common interest in the Property;

WHEREAS, the Foundation requires that the Mortgage be subordinate and junior in priority to each of the Easements [and the Deed];

WHEREAS, the parties desire to memorialize their agreement regarding the respective priorities of the Easements, the Deed and the Mortgage;

NOW, THEREFORE, for and in consideration of the premises and the terms and conditions herein contained, and for other good and valuable consideration, the receipt and sufficiency of which are hereby mutually acknowledged, the parties agree as follows.

1. Incorporation of Recitals. The foregoing recitals are expressly incorporated into and made a part of this Agreement as if fully rewritten herein.

2. Subordination. The Mortgage, the lien and security interest evidenced and created thereby, and the respective rights and remedies of Mortgagee shall at all times be subject

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and subordinate in all respects and junior in priority to the lien and priority of the Easements [and the Deed, respectively], and all of the terms, covenants and conditions contained therein, as the same may from time to time, be amended, renewed, modified, extended, supplemented, rearranged, replaced and/or consolidated; provided, however, that the relative priority of the Mortgage shall otherwise remain unaffected.

3. Casualty. Notwithstanding the Easements [and the Deed], to the extent allowed by the Code, the Mortgagee and its successors and assignees shall have a prior claim to all insurance proceeds as a result of any casualty, hazard or accident occurring to or about the Property, and in preference to the Foundation until the Mortgage is paid off and discharged, notwithstanding that the Mortgage is subordinate in priority to the Easements [and the Deed]. So long as there is no extinguishment of the Easements, the Mortgagee and its successors and assignees shall have prior claim to all proceeds of condemnation proceedings, and shall be entitled to the same in preference to the Foundation until the Mortgage is paid off and discharged, notwithstanding that the Mortgage is subordinate in priority to the Easements [and the Deed].

4. Assignment of Leases and Rents. If the Mortgagee received an assignment of the leases, rents, and profits of the Property as security or additional security for the loan secured by the Mortgage, then Mortgagee shall have a prior claim to the leases, rents, income and profits (of whatever description or character presently or hereafter derived) of the Property and shall be entitled to receive the same in preference to the Foundation until Mortgagee’s debt is paid off or otherwise satisfied, notwithstanding that the Mortgage is subordinate in priority to the Easements [and the Deed].

5. Foreclosure. Mortgagee, its successors and assigns, or purchaser in foreclosure shall have no obligation, debt, or liability under the Easements until Mortgagee, its successors, assigns, or a purchaser in foreclosure under it obtains ownership or possession of the Property. In the event of foreclosure or deed in lieu of foreclosure, [neither] the Easements [nor the Deed] shall [not] be extinguished.

6. Governing Law, Venue. This Agreement shall be construed according to the laws of the Commonwealth of Pennsylvania. Any action arising under or relating to this Agreement shall be venued in Greene County, Pennsylvania, and all of the parties acknowledge and consent to the jurisdiction of the courts located in such county.

7. Entire Agreement. This Agreement sets forth the entire agreement and understanding among the parties as to the subject matter of this Agreement and merges and supersedes all prior discussions, agreements, and undertaking of every kind and nature among them with respect to the subject matter of this Agreement.

8. Counterparts. This Agreement may be signed in any number of counterpart copies, but all such copies shall constitute one and the same instrument.

9. Binding Effect. This Agreement shall be binding upon and inure to the benefit of the parties hereto and their respective heirs, successors and assigns.

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WITNESS: BORROWERS: WITNESS: WITNESS: LENDER:

____________________________________

Name:______________________________ Title:_______________________________

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COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF _________________ )

On this the ____ day of _________, 20__, before me, a Notary Public, the

undersigned authority, personally appeared ____________ and ______________, husband and

wife, each known to me (or satisfactorily proven) to be the persons whose names are subscribed

to the within instrument and acknowledged that they executed the same for the purposes therein

contained.

IN WITNESS WHEREOF, I hereunto set my hand and official seal.

Notary Public My commission expires:

COMMONWEALTH OF PENNSYLVANIA ) ) ss. COUNTY OF ________________ )

On this ____ day of ___________, 20__, before me, a Notary Public, the

undersigned authority, personally appeared, _______________________, who acknowledged

himself to be the ______________________ of ____________________________________, a

Pennsylvania corporation, and as such officer, being authorized to do so, executed the foregoing

instrument for the purposes therein contained by signing the name of the corporation by himself

as such officer.

IN WITNESS WHEREOF, I hereunto set my hand and official seal. Notary Public

My commission expires:

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Common Mortgage Documents and Instructions This · PDF fileCommon Mortgage Documents and...

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