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Disclosures |
| SERVICING
DISCLOSURE STATEMENT | NOTICE TO FIRST
LIEN MORTGAGE LOAN APPLICANTS: THE RIGHT TO COLLECT YOUR MORTGAGE LOAN PAYMENTS
MAY BE TRANSFERRED. FEDERAL LAW GIVES YOU CERTAIN RELATED RIGHTS. IF YOUR LOAN
IS MADE, SAVE THIS STATEMENT WITH YOUR LOAN DOCUMENTS. SIGN THE ACKNOWLEDGMENT
AT THE END OF THIS STATEMENT ONLY IF YOU UNDERSTAND ITS CONTENTS.
Because you are applying for a mortgage loan covered by the Real Estate Settlement
Procedures Act (RESPA) (12 U.S.C. §2601 et seq.) you have certain
rights under that 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. "Servicing" 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 the transfer. The new loan servicer must also
send you notice
within 15 days after the effective date of the 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 transfer. The 15
day period is not applicable if a notice of prospective transfer is provided
to you
at settlement. The law allows a delay in the time (not more than 30 days after
a transfer) for servicers to notify you, upon the occurrence of certain business
emergencies.
Notices must contain certain information.
They must contain the effective date of the transfer of the servicing of your
loan to the new servicer, and 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. 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 (12 U.S.C. §2605) gives you certain consumer rights, whether
or not your loan servicing is transferred. If you send a "qualified written
request" to your servicer, your servicer must provide you with a written acknowledgment
within 20 Business Days of receipt of your request. A "qualified 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 the information regarding your request. Not later than 60 Business Days
after
receiving your request, your servicer must make any appropriate corrections
to your account, or must provide you with a written clarification regarding
any dispute.
During this 60-Business 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.
A Business Day
is any day in which the offices of the business entity are open to the public
for carrying on substantially all of its business functions.
Damages and
Costs
Section 6 of RESPA also provides for damages
and costs for individuals or classes of individuals in circumstances where
servicers are shown to have violated the requirements of that Section.
Servicing
Transfer Estimates By Lender
1. We are able to service your
mortgage loan. We assign, sell or transfer the servicing of some of our loans
while the loan is out standing depending on the type of loan and other factors.
For the program you have applied for we may decide to retain all of the mortgage
servicing; sell all of the mortgage servicing; or assign, sell or transfer
a percentage of the mortgage servicing.2. For all the first lien mortgage loans that we make in the 12 month period
after your mortgage loan is funded, we estimate that we will transfer 0 to
25% of the mortgage servicing of such loans. 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 first lien mortgage
loans we have made in the past:
YEAR |
PERCENTAGE OF LOANS TRANSFERRED |
2006 |
0% |
2005 |
0% |
2004 |
0% |
This information does include assignments,
sales or transfers to affiliates or subsidiaries.
©2004-2006 Copyright
Compliance Systems, Inc. AAE9-519B - 2006.03.37
ServicingDisclosureStatement-DL2040
Home
Equity Disclosures | Good
Faith Estimate of Settlement Costs | Servicing Disclosures
Statement | Program Description
- Nexity Bank Variable Rate Home Equity Line | "When
Your Home Is On The Line"
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