Lakeview Loan
Servicing
Delegated and Non-Delegated
Seller Guide
Revision Date: 06.28.23
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Table of Contents
Chapter 1…………………………………………….……………………………...Seller Contractual Obligations
Chapter 1A….…………………………………………………………….………………...…..Interpretation
Chapter 1B……..……………………………………………….…………………………….Client Eligibility
Chapter 1C……………………………………………………………...Reps, Warranties, and Covenants
Chapter 1D………………..…………………………………………………….……..Defaults & Remedies
Chapter 1E………………………………...……………………………………………..Electronic Services
Chapter 2…..………………………………………………...............................................................Compliance
Chapter 3 …………………………………………………………………………….Registration & Commitments
Chapter 3A……………………………………………………………………....……………..Registration
Chapter 3B……………………………………………………………………………….Flow Commitments
Chapter 3C………………………………………………………..Multiple Loan Mandatory Commitments
Chapter 4……………………………………………………………….………...Insurance and Loan Documents
Chapter 4A………………………………………………....………..Insurance and Survey Requirements
Chapter 4B……………………………………………………………………..Loan Documents and Notes
Chapter 5……………………………………………...................................Prefund Diligence Correspondent
Chapter 5A………………………………….……………………..Loan Submission and Credit Analysis
Chapter 5B………………………………………………..…………………………………….Underwriting
Chapter 5C…………………………………………………….Legal, Servicing and Compliance Review
Chapter 5D..................................................................... Pre-Purchase Credit and Collateral Review
Chapter 5E........................................................................................................... Disaster Guidelines
Chapter 6………………………………………………………………………...Shipping and Delivery Methods
Chapter 6A………………………………………………………………………………Methods of Delivery
Chapter 6B…………………………………………………………………………………….How to Deliver
Chapter 6C…………………………………………………Funding Requirements and Wire Instructions
Chapter 7…………………………………………………………………………………………………Definitions
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Chapter 1- Seller Contractual Obligations
By signing the Lakeview Loan Servicing, LLC (“Lakeview”) Loan Correspondent Purchase and Sale
Agreement (“Agreement”), Seller is bound by the requirements of this Seller Guide as the same may be
amended or supplemented from time to time (“Guide”), which Guide is incorporated into and made part of
the Agreement. This Guide, the Agreement and any other Purchase Documents govern the sale of
Mortgage Loans by Seller to Lakeview.
100 Descriptions of Underlying Chapter
Chapter 1A Rules of Interpretation and Miscellaneous
Chapter 1B Seller Eligibility
Chapter 1C Representations, Warranties
Chapter 1D Defaults, Remedies, and Early Pay Off
Chapter 1E Terms of Use and Electronic Services
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Chapter 1A Rules of Interpretation and Miscellaneous
A100 Rules of Interpretation
A. Defined Terms; General Rules of Interpretation
Defined terms may be used in the singular or plural, as the context requires. Unless the context
in which it is used otherwise clearly requires, the word “or” has the inclusive meaning represented
by the phrase “and/or”. The words “include”, “includes”, and “including” are deemed to be
followed by the phrase “without limitation”.
B. Headings for Convenience
All captions or paragraph headings in the Purchase Documents are for convenience only and in
no way define, limit or describe the scope or intent of any provision in the Purchase Documents.
C. Lakeview’s Sole Discretion
Whenever any provision of this Guide or any Purchase Document requires or allows Lakeview to
act in its discretion or to make a determination of fact or a decision to act, or to permit, approve,
or deny another a party’s action, such determination or decision shall be made in Lakeview’s sole
and absolute discretion.
D. Lakeview’s Sole Opinion
Whenever any provision of this Guide or any Purchase Document requires or allows Lakeview to
make a determination in its opinion, such determination shall be made in Lakeview’s sole and
absolute opinion.
A101 Miscellaneous
A. Consent to Credit References
Seller consents to the disclosure of information regarding Seller and its subsidiaries and their
relationship with Lakeview to persons making credit inquires to Lakeview about Seller
B. Use of Seller’s Name
Lakeview may, at its option, make the name of the Seller generally available, publicly associate
the name of the Seller with Lakeview Mortgage Loan Programs, and refer business prospects to
Seller. Upon Seller’s request, Lakeview will waive its right to use Seller’s name in accordance
with this paragraph.
C. MARI Authorization
We release and agree to hold harmless you, MARI, all MIDEX subscribers and any trade
associations that endorse the MIDEX system from any and all liability for damages, losses, costs
and expenses that may arise from the reporting or use of any information submitted by us or any
other MIDEX subscriber to MARI, recorded in the MIDEX system and used in any way by you or
any other MIDEX subscriber.
D. Use of Lakeview’s Name, Trade Names and Service Marks
Seller must not use the trade name Lakeview Loan Servicing, LLC or any of the trade names or
service marks of any of the foregoing in any of Seller’s promotional or other materials without the
prior written consent of Lakeview.
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E. Relationship of Parties Under this Guide
Nothing in this Guide, any related marketing or other materials creates or may be construed as
permitting or obligating Lakeview to act as a financial or business advisor or consultant to Seller,
as permitting or obligating Lakeview to control Seller or to conduct Seller’s operations, as creating
any fiduciary duty on the part of Lakeview, or as creating any joint venture, agency, partnership or
other relationship between Lakeview and Seller other than as explicitly and specifically set out in
a formal writing, signed by both parties, intended to create such a relationship. Seller
acknowledges that it has had the opportunity to obtain the advice of experienced counsel of its
own choosing in connection with the negotiation and execution of the Agreement and this Guide.
Seller further acknowledges that it is experienced with respect to the transactions contemplated
by this Guide and made its own independent decisions with respect to the Agreement, Guide, or
Purchase Documents.
F. Seller’s Responsibility
Seller is responsible for the performance of requirements and obligations contained in this Guide,
even if the requirement or obligation is performed by a third party.
G. Confidentiality
As a result of its relationship with Lakeview and access to this Guide and its incorporated
references, Seller will have access to various trade secrets, confidential and proprietary methods,
techniques, processes, applications, approaches, products, programs, policies, practices and
procedures in various forms, which information is used or is useful in the conduct of Lakeview’s
business, including Lakeview’s origination, purchase, sale and servicing of mortgage products (all
such information is collectively referred to as “Confidential Information”). Seller acknowledges
that such Confidential Information is the exclusive property of Lakeview. Seller shall not, at any
time, regardless of if, when, and how its relationship with Lakeview may terminate, directly or
indirectly, disclose, publish, reveal, disseminate, or otherwise make available to anyone such
Confidential Information, except to the extent required by applicable law.
H. Privacy of Consumer Financial Information
All capitalized terms used in this section and not otherwise defined shall have the meanings set
forth in the Federal “Privacy of Consumer Financial Information” Regulation (12 CFR Part 40), as
amended from time to time (the “Privacy Regulation”), issued pursuant to Section 504 of the
Gramm-Leach-Bliley Act (15 U.S.C. 6801 et seq.). Lakeview and Seller acknowledge that the
Privacy Regulation governs disclosures of nonpublic personal information about Consumers.
Both parties (i) agree to comply with any applicable laws and regulations regarding the privacy
and security of the Consumer information, (ii) agree to not use Consumer Information in any
manner inconsistent with any applicable laws and regulations regarding the privacy and security
of Consumer Information, (iii) agree to maintain adequate physical, technical and administrative
safeguards to protect Consumer Information from unauthorized access.
I. Address Confidentiality Programs (ACP)
A Borrower may be a participant in a State sponsored Safe at Home or address confidentiality
program that provides the borrower with an alternative mailing address that can be used instead
of the Borrower’s home address for all mail correspondence. Sellers must comply with the
applicable Federal and State laws related to the Safe at Home/Address Confidentiality
Programs.
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Within five business days after the Purchase Date of the subject loan for which the Borrower is a
participant in the Safe at Home/Address Confidentiality Program, the seller must notify Lakeview
at [email protected]m. The following information must be included in that communication:
Borrower Name
Seller or Lakeview Loan Number
The subject property address and a separate ACP mailing address
Notice of program enrollment
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Chapter 1B Seller Eligibility
B100 Seller Eligibility
In order to become and remain a Seller, a Mortgage Loan lender must, among other requirements:
A. Satisfy the Lakeview Seller eligibility standards
B. Have its completed Prospect Application approved by Lakeview
C. Enter into a Loan Correspondent Purchase and Sale Agreement
D. Deliver an executed Officer’s Certificate
E. Deliver three original Limited Power of Attorney documents to Lakeview. The Limited Power of
Attorney grants Lakeview the authority to execute and/or correct documents for the purpose of
assigning and transferring mortgage assets to Lakeview. The use of the Limited Power of
Attorney is restricted to those assets which Seller has sold to Lakeview.
In order to remain eligible to participate in Lakeview’s Mortgage Loan Programs, Seller must comply with
all of the terms of the Agreement, including this Guide.
B101 Underwriting Authority
Seller’s underwriting authority is determined at Lakeview’s discretion based on net worth requirements,
experience, Agency eligibility, Mortgage Loan Programs, and other criteria. Delegated underwriting
authority means that Seller has the authority to make the initial determination of whether the Loan is
eligible for sale to Lakeview. Seller must make its own determination of whether to make the Loan to the
applicant. To learn more about underwriting authority requirements, contact your Director or VP of
Business Development.
Refer to our Product Matrices for available underwriting authority and options.
Delegated Mortgage Loan Authority
Government Programs
Contract Underwriting
For direct submission and
purchase, Seller must be a
Supervised or Non-
Supervised Mortgagee with
Direct Endorsement
authority for FHA Mortgage
Loans and VA LAPP and VA
Automatic for VA Mortgage
Loans.
Mortgage loans must be
underwritten under the Contract
Underwriting Agreement
between the client and the MI
provider.
Non-Delegated Mortgage Loan Authority
Conforming Programs
Government Programs
All Mortgage Loans must be submitted to
Lakeview for prior approval underwriting.
All Mortgage Loans must be submitted to
Lakeview for prior approval underwriting.
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B102 Continuing Seller Obligations
In order to remain eligible, Seller must be active with Lakeview, maintain the initial eligibility standards or
eligibility standards currently in effect, and comply with the continuing obligations as defined in this Guide.
In addition, at Lakeview’s discretion Lakeview reserves the right to amend any or all continuing eligibility
standards for a Seller based upon factors including Seller’s current financial strength, volume and
performance, license and background checks. Even if Seller is eligible to sell Loans to Lakeview,
Lakeview is not obligated to purchase any Loan from Seller except as may be expressly stated in this
Guide or otherwise in writing from Lakeview to Seller. Finally, Lakeview may terminate the Mortgage Loan
sale relationship as set out in this Guide, even if Seller is otherwise eligible.
A. MERS Rules and Procedures
On Mortgage Loans closed in Seller’s name and sold to Lakeview, Seller must comply with the rules and
procedures of MERS in connection with all Mortgage Loans registered with MERS.
B. Sanctions and Administrative Actions
At the time of Loan submission to Lakeview, Seller and its sponsored third party originators (and any
officer, partner, director, principal, manager, supervisor, Mortgage Loan processor, Mortgage Loan
underwriter, or Mortgage Loan originator of Seller or of its sponsored third party originators) has not been
subject to the following sanctions or administrative actions:
Be suspended, debarred, under a limited denial or participation (LDP), or otherwise restricted under
2CFR part 2424 or 24 CFR part 25, or under similar procedures of any other Federal agency;
Be indicted for, or have been convicted of, an offense that reflects adversely upon the integrity,
competency, or fitness to meet the responsibilities of the lender to participate in Department of
Housing and Urban Development (HUD) Title I or Title II programs;
Be subject to unresolved findings as a result of HUD or other governmental audit, investigation, or
review;
Be engaged in business practices that do not conform to generally accepted practices of prudent
mortgagees or that demonstrate irresponsibility;
Be convicted of, or have pled guilty or nolo contendre to, a felony related to participation in the real
estate or mortgage loan industry;
A. During the 7-year period preceding the date of the application for licensing or registration; or
B. At any time preceding such date of application, if such felony involved an act of fraud,
dishonesty, or a breach of trust or money laundering;
Be in violation of provisions of the Secure and Fair Enforcement (SAFE) for Mortgage Licensing Act
of 2008 (12 U.S.C. 5101 et seq.) or any applicable provision of state law; or
Be in violation of any other requirement established by the Secretary of HUD.
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B103 Disqualification, Suspension or Inactivation
See Chapter 1D, Defaults and Remedies, Early Pay Off, of this Guide.
B104 Reporting Requirements
A. Reporting Requirements
1. Interim Financial Statements
Upon Lakeview’s request, Seller shall provide its monthly or quarterly un-audited financial
statements, Form 10-Qs, or any other financial information pertaining to Seller.
2. Fidelity Bond and Errors and Omissions Insurance
Seller must notify Lakeview if it receives notice from its insurer of intent to cancel, not
renew, or otherwise modify Seller’s coverage. This notification must be sent to Lakeview
by registered mail at least 10 days before it becomes effective.
Seller must report to Lakeview all cases of material theft, embezzlement, or fraud and all
claims made against the insurer within 10 days after the occurrence.
If requested by Lakeview, Seller must provide current certificates of insurance outlining
its fidelity and errors and omission insurance.
B. Mailing Address
Submit all information required under the Reporting Requirements section above to:
Lakeview LLC
Counterparty Risk Management
507 Prudential Rd
Horsham, PA 19044
C. Regulation AB Disclosures
1. Originator Disclosure
As requested by Lakeview in its sole discretion, within three Business Days, Seller will provide to
Lakeview either
The disclosures required under Item 1110(b) of Regulation AB (Originator disclosure) or
any successor regulation for inclusion in a prospectus or other disclosure document, or
A confirmation that previously provided disclosure does not require updating.
“Originator disclosure” required to be provided shall include:
A. Seller’s form of organization,
B. A description of Seller’s origination program and how long Seller has been engaged
in originating residential Mortgage Loans,
C. Discussion of Seller's experience in originating residential Mortgage Loans,
D. Information regarding the size and composition of Seller’s origination portfolio and
E. Seller's underwriting criteria (or other information material to an analysis of the
performance of the Mortgage Loans, as determined by Lakeview).
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As requested by Lakeview in its sole discretion, within three Business Days, Seller shall provide
in a specified electronic format the name of the originator of each Mortgage Loan if originated by
an entity other than Seller.
2. Legal Proceedings for Prospectus Disclosure or Update of Periodic Reports
As requested by Lakeview in its sole discretion, within three Business Days of Lakeview’s
request, Seller will provide to Lakeview (a) a complete written description of any legal
proceedings pending against Seller, or of which Seller’s property is the subject, that, if adversely
determined, could have a material adverse impact on Seller's financial condition or its continuing
ability to sell Mortgage Loans to Lakeview or would affect the enforceability of any Mortgage Loan
(including any similar proceedings known by Seller to be contemplated by governmental
authorities) for inclusion in a prospectus or other disclosure document pursuant to Regulation AB
or any successor regulation (“Legal Proceedings Description”), certified as to accuracy by an
officer of Seller, or (b) a written certification of an officer of Seller stating that the previously
provided Legal Proceedings Description does not require updating and continues to be complete
and accurate as of such date.
3. Updates Regarding Legal Proceedings
If at any time any previously provided Legal Proceedings Description is no longer current or
requires updating, or if Seller is the subject of new legal proceedings that would require
disclosure under Item 1117 of Regulation AB or any successor regulation, Seller will provide to
Lakeview a revised legal proceedings description, certified as to accuracy by an officer of Seller.
4. Other Information Required under Regulation AB
Seller will provide to Lakeview such other information, including historical Mortgage Loan
performance information, as Lakeview shall reasonably request to enable Lakeview to comply
with any applicable requirements of Regulation AB or any successor regulation.
Such information shall be provided within 15 days of request from Lakeview.
5. Mailing Address for Regulation AB Disclosures
When Lakeview requests any Regulation AB disclosure or information under this Section 206(D),
it will provide to Seller the address to which all such disclosure or information must be delivered.
B105 Audits and Inspections
Seller agrees to allow Lakeview to conduct, from time to time, audits or inspections at one or more of
Seller's offices during normal business hours. At that time, Seller must provide the assistance of a
knowledgeable and responsible individual and will grant Lakeview access to all books, records, and files
pertaining to the following:
A. The Mortgage Loans
B. Seller's compliance with the terms and provisions of the Agreement, including this Guide
Seller also agrees, upon the request of Lakeview, to deliver the material described in the Maintenance of
Records section in this chapter.
From time to time, Lakeview may conduct audits at Lakeview offices using information and documents
provided by Seller. During these audits, Seller must provide a person or persons to contact by telephone
for additional information.
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B106 Disclosure of Information
Upon the request of Lakeview, Seller shall disclose to Lakeview information relating to Seller's origination
or servicing experience. This information may include, but is not limited to, information required under
Regulation AB or any successor regulation, information on losses, mortgage insurance claims,
delinquency, and declination experience on Mortgage Loans originated or serviced by Seller, as well as
related information. Seller also consents to the disclosure by Lakeview of any such information to
investors, rating agencies, credit enhancement providers, or any other entity that needs the information in
connection with Lakeview’s secondary marketing operation. Seller releases and agrees to hold harmless
Lakeview and any insurer or other entity that discloses information as provided above from and against
any claims or liabilities connected with such disclosure.
B107 Maintenance of Records
Seller shall maintain adequate records of all Mortgage Loans submitted to Lakeview for purchase for such
periods of time as may be necessary to comply with all applicable federal and state laws
Lakeview has the right to examine any and all records that pertain to Mortgage Loans governed by the
Seller Agreement and the Purchase Documents. The records must include the individual Mortgage Loan
file, any and all accounting reports associated with the Mortgage Loan, and any other reports, data,
information and documentation that Lakeview in its discretion considers necessary to ensure that Seller is
in compliance with Lakeview's requirements. Seller must satisfy a request for records within 15 days of
the request. Seller must reproduce all records at its own expense, regardless of whether these records
are maintained in paper or other format.
State and federal law now recognize electronic images that meet certain standards as being equivalent to
paper documents for legal purposes. Our requirements for document accessibility and retention apply
equally to paper and electronic documents. Generally, the only documents associated with the origination
and servicing of a mortgage that must be retained in paper format are the Security Instrument (and any
related riders), any other document that changes the terms of the mortgage, the assignment for a MERS
registered mortgage (when MERS is not named as nominee for the beneficiary), the unrecorded
assignment of the mortgage to Lakeview (if the Security Instrument is not registered with MERS), and the
Note and any related addenda. Seller is responsible for ensuring that any electronic documents it uses
meet all legal standards and must have appropriate storage, retrieval, and back-up systems for such
electronic documents. Upon request, Seller must provide Lakeview with information about the methods it
uses for document and records storage and must convert the documents and records to a different format
if requested by Lakeview.
Seller shall maintain an individual Mortgage Loan file for each Mortgage Loan, clearly marked with the
Lakeview Mortgage Loan number and, for Mortgage Loans registered with MERS, the MIN. The file must
contain:
a. Copies of all documents delivered in their original form to Lakeview
b. Originals of all documents, copies of which were delivered to Lakeview
c. All other Mortgage Loan and related documents not required to be sent to Lakeview
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B108 Quality Control
A. Recommended Program
Quality Control Plan Requirements
It is necessary that the Seller maintain an internal quality control program that meets Lakeview
guidelines, as well as standard industry requirements.
The program must be documented and supported by a written plan that details the objectives and
the scope of the review. The program must also include applicable policies and procedures. This
written plan must be provided to Lakeview upon request. Results of the quality control program
must also be provided, upon request, in the form of a summary report that is distributed to the
Seller’s senior management.
Seller’s internal quality control program, as documented, must at a minimum cover the following:
Accuracy of legal and origination documents
Federal and State regulatory compliance
Soundness of underwriting decisions (if applicable)
Evidence of monitoring for Red Flags, including any evidence of discovery of fraud and
misrepresentation
Identification of any systemic issues, their root causes, and resolution
Monitoring of corrective action plans in place
Sound reporting procedures
Description of sampling methodology, which must include random and high-risk targeted
samples and Mortgage Loans that have delinquencies
Seller maintains an active focus on preventive controls, such as pre-funding quality
assurance, and document and appraisal procurement policies
A post-closing review that monitors adherence to agency and investor requirements
B109 Notification of Changes in Seller Status
B. Notification
Seller must notify Lakeview prior to the occurrence of any of the following:
Any change in Seller's business address and/or telephone number.
Any material increases in capital, alteration of debt/equity ratios, or changes in
management that are ordered or required by a regulatory authority supervising or
licensing Seller.
Loss of any senior management overseeing the origination, processing, underwriting,
closing, and if applicable, secondary marketing operations of Seller. Resumes of
replacement personnel must be furnished within 30 days of such replacement.
Loss of any state mortgage banking license of Seller and any of its employees, including
corporate, branch and loan originator approvals.
Entry of any court judgment or regulatory order in which Seller is or may be required to
pay a claim or claims which may have a material adverse effect on Seller's financial
condition or regulatory status or which may call into question Seller’s compliance with the
requirements of this Guide.
The winding down or dissolution of Seller's business.
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Seller has been terminated, disqualified, or suspended by MERS. Client must
demonstrate to Lakeview’s satisfaction that it has taken corrective action to remedy such
termination, disqualification, or suspension.
When Lakeview receives this written notification, it will contact Seller if further documentation is
required. Lakeview reserves the right to suspend further business with Seller while determining
the impact of the change on Seller's qualifications. Failure to notify Lakeview of any such change
may result in termination, disqualification, suspension, inactivation or other remedies available to
Lakeview under the Agreement.
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Chapter 1C - Representations and Warranties & Covenants
C100 Representations and Warranties Regarding the Seller
In addition to the representations and warranties made by Seller in the Agreement, Seller hereby makes
the following representations and warranties as of the date of the Agreement and as of each Funding
Date with respect to any Mortgage Loan sold by Seller to Purchaser on such Funding Date (in each case,
if the then applicable version of the Guide contained such representation and warranty as of the
applicable date):
1. Truth and Accuracy
No representations, warranty or written statement made by the Seller or certificate furnished to
Purchaser by the Seller in connection with the Agreement or the Mortgage Loans sold thereunder,
including, without limitation, the Application
1
, contains or will contain any untrue statement of a
material fact or omits or will omit to state a material fact necessary to make the statements
contained herein or therein true, accurate and complete and not misleading.
2. Ability to Perform
Seller does not believe, nor does it have any reason or cause to believe, that it cannot perform
each and every covenant contained in the Agreement.
3. Independent Decision
The Seller’s decision to purchase or originate any Mortgage Loan or to deny any Mortgage Loan
application is an independent decision and is in no way made as a result of Purchaser’s decision to
purchase, or not to purchase, or the price Purchaser may offer to pay for, any such Mortgage Loan,
if originated.
4. No Government Actions
Except as disclosed in writing to Purchaser, none of the Seller or any Affiliates of the Seller, nor any
of their respective officers, directors or employees, is (or in the last five (5) years has been), a party
to or is subject to any (a) suspension, debarment, limited denial of participation, exclusionary list,
outstanding order, decree, agreement, finding, memorandum of understanding or similar
supervisory arrangement with, or a commitment letter or similar submission to, or extraordinary
supervisory letter from, any Investor, Insurer or any Governmental Authority, including without
limitation those charged with the supervision or regulation of residential mortgage lenders or the
supervision or regulation of the Seller and its employees or (b) an indictment, arraignment, or
conviction (or has been in the last five (5) years or currently is under investigation) for any
fraudulent activity or any criminal offenses involving financial services, real estate or corporate
governance. There is no unresolved violation by any Governmental Authority with respect to any
report or statement relating to any examinations or investigation of the Seller or any of its officers,
directors or employees.
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Note that this is the application for approval as a loan correspondent.
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C101 Representations and Warranties Regarding Individual Mortgage Loans
In addition to the representations and warranties made by Seller in the Agreement as of each Funding
Date with respect to any Mortgage Loan sold by Seller to Purchaser on such Funding Date , Seller makes
the following representations and warranties as of the relevant Funding Date: (if the then applicable
version of the Guide contained such representation and warranty)
1. Valid First Lien
Each Mortgage is properly recorded and is a valid, existing and enforceable First Lien and first
priority security interest with respect to each Mortgage Loan which is indicated by the Seller to be
a First Lien Mortgage Loan, on the Mortgaged Property, including all improvements on the
Mortgaged Property, free and clear of all adverse claims, liens and encumbrances having priority
over the lien of the Mortgage, subject only to (i) the lien of current real property taxes and
assessments not yet due and payable, (ii) covenants, conditions and restrictions, rights of way,
easements and other matters of the public record as of the date of recording being acceptable to
mortgage lending institutions generally and specifically referred to in the lender’s title insurance
policy which do not adversely affect the Value of the Mortgaged Property, and (iii) other matters
to which like properties are commonly subject which do not individually or in the aggregate
materially interfere with the benefits of the security intended to be provided by the Mortgage or
the use, enjoyment, value or marketability of the related Mortgaged Property. Any security
agreement, chattel mortgage or equivalent document related to and delivered in connection with
the Mortgage Loan establishes and creates a valid, existing and enforceable First Lien and first
priority security interest with respect to each Mortgage Loan which is indicated by the Seller to be
a First Lien Mortgage Loan on the property described therein and the Seller has full right to sell
and assign the same to Purchaser. The Mortgaged Property was not, as of the date of origination
of the Mortgage Loan, subject to a mortgage, deed of trust, deed to secure debt or other security
instrument creating a lien subordinate to the lien of the Mortgage except to the extent i) the
preexisting lien is properly re-subordinated or ii) any concurrent subordinate lien is properly
subordinated at time of origination and iii) in either case, is permissible per the applicable product
guidelines and the Guide.
2. Validity of Mortgage Documents
If a file is delivered in imaged format, such images are of sufficient quality to be readable and able
to be copied and satisfy all requirements of imaged documents required by the Agency Guide and
the Guide. The Mortgage Note (including any allonges thereto) and the related Mortgage are
original and genuine and each is the legal, valid and binding obligation of the maker thereof,
enforceable in all respects in accordance with its terms except as enforceability may be limited by
(i) bankruptcy, insolvency, liquidation, receivership, moratorium, reorganization or other similar
laws affecting the enforcement of the rights of creditors and (ii) general principles of equity,
whether enforcement is sought in a proceeding in equity or at law and the Seller has taken all
action necessary to transfer such rights of enforceability to Purchaser. The Loan File contains,
and there only exists, one original note, with all original borrower(s) signatures. Neither the
operation of any of the terms of any Mortgage or Mortgage Note, nor the exercise of any right
there under, will render the Mortgage or Mortgage Note unenforceable, in whole or in part, or
subject to any right of rescission, setoff, counterclaim or defense, and no such right of rescission,
setoff, counterclaim or defense has been asserted with respect thereto. All parties to the
Mortgage Note and the Mortgage had the legal capacity to enter into the Mortgage Loan and to
execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the
Mortgage have been duly and properly executed by such parties.
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3. Customary Provisions
The Mortgage and related Mortgage Note contain customary and enforceable provisions such as
to render the rights and remedies of the holder thereof adequate for the realization against the
Mortgaged Property of the benefits of the security provided thereby, including (i) in the case of a
Mortgage designated as a deed of trust by trustee’s sale, and (ii) otherwise by judicial or non-
judicial foreclosure. Upon default by a Mortgagor on a Mortgage Loan and foreclosure on, or
trustee’s sale of, the Mortgaged Property pursuant to the proper procedures, the holder of the
Mortgage Loan will be able to deliver good and merchantable title to the Mortgaged Property.
There is no homestead or other exemption or right available to the Mortgagor or any other Person
or restriction on the Seller or any other Person, including without limitation, any federal, state or
local, law, ordinance, decree, regulation, guidance, attorney general action, or other
pronouncement, whether temporary or permanent in nature, which would interfere with, restrict or
delay, the ability of the Seller, Purchaser or any servicer or any successor either (y) the right to
sell the Mortgaged Property at a trustee’s sale or otherwise, or (z) the right to foreclose on the
related Mortgage. The Mortgage Note and Mortgage are on forms that are conforming to the
applicable Agency, or the Guide as applicable.
4. Original Terms Unmodified
The terms of the Mortgage Note and the Mortgage have not been impaired, waived, altered or
modified in any respect.
5. No Defenses
The Mortgage Note and the Mortgage are not subject to any right of rescission, set-off,
counterclaim or defense, including, without limitation, the defense of usury, nor will the operation
of any of the terms of the Mortgage Note and the Mortgage, or the exercise of any right there
under, render either the Mortgage Note or the Mortgage unenforceable, in whole or in part, or
subject to any right of rescission, set-off, counterclaim or defense, including, without limitation, the
defense of usury, and no such right of rescission, set-off, counterclaim or defense has been
asserted with respect thereto; and the Mortgagor was not a debtor in any state or federal
bankruptcy or insolvency proceeding at the time the Mortgage Loan was originated nor are any
such proceedings pending. The Mortgaged Property is not subject to any bankruptcy proceeding
or foreclosure proceeding and the Mortgagor has not filed for protection under, or has been a
debtor under, applicable bankruptcy laws as of the Purchase Date.
6. No Outstanding Charges
There are no defaults by the Seller in complying with the terms of the Mortgage, and (1) all taxes,
ground rents, special assessments, governmental assessments, insurance premiums, leasehold
payments, water, sewer and municipal charges which previously became due and owing have
been paid, or escrow funds have been established in an amount sufficient to pay for every such
escrowed item which remains unpaid and which has been assessed but is not yet due and
payable prior to any “economic loss” dates or discount dates (or if payments were made after any
“economic loss” date or discount date, then Seller has paid any penalty or reimbursed any
discount out of Seller’s funds) and (2) all flood and hazard insurance premiums and mortgage
insurance premiums which are due, have been paid without loss or penalty to the Mortgagor.
Seller has received no notice of, and has no knowledge of, any event, including but not limited to
the bankruptcy filing or death of a Mortgagor, which may or could give rise to a Mortgagor default
under the Note or Mortgage. The Seller has not advanced funds, or induced, solicited or
knowingly received any advance from any party other than the Mortgagor, directly or indirectly, for
the payment of any amount due under the Mortgage Loan, unless otherwise permitted in the
Guide.
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7. No Satisfaction of Mortgage
The Mortgage has not been satisfied, canceled, subordinated or rescinded, in whole or in part,
and the Mortgaged Property has not been released from the lien of the Mortgage, in whole or in
part, nor has any instrument been executed that would affect any such satisfaction, cancellation,
subordination, rescission or release. The Seller has not waived the performance by the Mortgagor
of any action, if the Mortgagor’s failure to perform such action would cause the Mortgage Loan to
be in default, and the Seller has not waived any default.
8. No Default
There is no default, breach, violation or event of acceleration existing under the Mortgage or the
Mortgage Note and no event which, with the passage of time or with notice and the expiration of
any grace or cure period, would constitute a default, breach, violation or event permitting
acceleration, and the Seller has not waived any default, breach, violation or event permitting
acceleration. With respect to each Mortgage Loan (i) the First Lien is in full force and effect, (ii)
there is no default, breach, violation or event of acceleration existing under such First Lien
Mortgage or the related Mortgage Note, (iii) no event which, with the passage of time or with
notice and the expiration of any grace or cure period, would constitute a default, breach, violation
or event of acceleration there under, and either (A) the First Lien Mortgage contains a provision
which allows or (B) applicable law requires, the mortgagee to receive notice of, and affords such
mortgagee an opportunity to cure any default by payment in full or otherwise under the First Lien
Mortgage.
9. Full Disbursement of Proceeds
The Mortgage Loan has been closed and the proceeds of the Mortgage Loan have been fully
disbursed to or for the account of the Mortgagor and there is no obligation for the mortgagee to
advance additional funds there under and any and all requirements as to completion of any on
site or off site improvement and as to disbursements of any escrow funds therefore have been
complied with. All costs, fees, and expenses incurred in making or closing the Mortgage Loan and
the recording of the Mortgage have been paid, and the Mortgagor is not entitled to any refund of
any amounts paid or due to the mortgagee pursuant to the Mortgage Note or Mortgage with
exception to escrow holdbacks.
10. Future Advances
Except as may be permitted in the Guide for the applicable product type, as of the Closing Date,
the full original principal amount of each Mortgage Loan has been fully dispersed as provided for
in the Mortgage Loan documents, and there is no requirement for any future advances.
11. No Mechanics’ Liens
There are no mechanics’ or similar liens or claims filed for work, labor or material (and no rights
are outstanding that under law could give rise to such lien) affecting the related Mortgaged
Property which are or may be liens prior to, or equal or coordinate with, the subject First Lien of
the related Mortgage.
12. No Additional Collateral
The Mortgage Note is not and has not been secured by any collateral except the lien of the
corresponding Mortgage on the Mortgaged Property and the security interest of any applicable
security agreement or chattel mortgage.
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13. Origination; Payment Terms
The Seller is (1) in compliance with any and all applicable licensing requirements of the laws of
the state wherein the Mortgaged Property is located, and (2) organized under the laws of such
state, or (3) qualified to do business in such state, or (4) federal savings and loan associations or
national bank having principal offices in such state. Principal payments on the Mortgage Loan
commenced no more than sixty (60) days after the proceeds of the Mortgage Loan were
disbursed. The Mortgage Loan requires interest payable in arrears on the first day of the month.
Each Mortgage Note requires a Monthly Payment which is sufficient (i) during the period prior to
the first adjustment to the Mortgage Interest Rate, to amortize the original principal balance fully
over the original term thereof (unless otherwise provided in the Guide) and to pay interest at the
related Mortgage Interest Rate, and (ii) during the period following each Adjustment Date in the
case of each ARM Mortgage Loan (or following each interest-only adjustment date in the case of
each interest-only Mortgage Loan), to amortize the unpaid principal balance fully as of the first
day of such period over the then remaining term of such Mortgage Note and to pay interest at the
related Mortgage Interest Rate. With respect to each Mortgage Loan the related First Lien does
not permit negative amortization. None of the Mortgage Loans are simple interest Mortgage
Loans.
14. Source of Loan Payments
No portion of the loan proceeds has been escrowed for the purpose of making monthly payments
on behalf of the Mortgagor. No payments due and payable under the terms of the Mortgage Note
and Mortgage, except for seller or builder concessions or amounts paid or escrowed for payment
by the Mortgagor's employer, have been paid by any person (other than the Mortgagor and any
guarantor) who was involved in, or benefited from, the sale or purchase of the Mortgaged
Property or the origination, refinancing, sale, purchase or servicing of the Mortgage Loan.
15. Transfer of Mortgage Loans
The Assignment of Mortgage is in recordable form and is acceptable for recording under the laws
of the jurisdiction in which the Mortgaged Property is located (except with respect to each MERS
Designated Mortgage Loan). Each original Mortgage was recorded and, except for those
Mortgage Loans subject to the MERS identification system, all subsequent assignments of the
original Mortgage (other than the assignment to Purchaser) have been recorded in the
appropriate jurisdictions wherein such recordation is necessary to perfect the lien thereof as
against creditors of the Seller, or is in the process of being recorded. With respect to each MERS
Designated Mortgage Loan, the Seller has designated Purchaser as the MERS Investor and no
Person is listed as interim funder on the MERS® System.
16. Flood and Hazard Insurance
All buildings or other customarily insured improvements upon the Mortgaged Property are
insured by a Qualified Insurer generally acceptable to prudent mortgage lending institutions
against loss by fire, hazards of extended coverage and such other hazards as are required in the
Agency Guide as well as all additional requirements set forth herein, pursuant to an insurance
policy conforming to the requirements of customary servicing procedures and providing coverage
in an amount equal to the lesser of (i) 100% of the insurable value of the improvements as
established by the property insurer or (ii) the unpaid principal balance of the first mortgage and
the second mortgage Loan amount, as long as it equals the minimum amount80% of the
insurable value of the improvementsrequired to compensate for damage or loss on a
replacement cost basis. Seller must ensure that the Mortgaged Premises will be adequately
covered even when vacant, and where necessary, must obtain a vacancy permit endorsement.
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All such insurance policies are in full force and effect and contain a standard mortgagee clause
naming the Seller of the Mortgage Loan, its successors and assigns as mortgagee and all
premiums thereon have been paid. If the Mortgaged Property is in an area identified on a flood
hazard map or flood insurance rate map issued by the Federal Emergency Management Agency
as having special flood hazards (and such flood insurance has been made available), a flood
insurance policy meeting the requirements of the current guidelines of the National Flood
Insurance Program and the requirements of the Guide. The Mortgage obligates the Mortgagor
there under to maintain all such insurance at the Mortgagor’s cost and expense, and on the
Mortgagor’s failure to do so, authorizes the holder of the Mortgage to maintain such insurance at
the Mortgagor’s cost and expense and to seek reimbursement therefore from the Mortgagor.
Where required by state law or regulation, the Mortgagor has been given an opportunity to
choose the carrier of the required hazard insurance, provided the policy is not a “master” or
“blanket” hazard insurance policy covering the common facilities of a planned unit development.
The hazard and/or flood insurance policy is the valid and binding obligation of the insurer, is in full
force and effect, and will be in full force and effect and inure to the benefit of Purchaser upon the
consummation of the transactions contemplated by the Contract. The Seller has not engaged in,
and has no knowledge of the Mortgagor having engaged in, any act or omission which would
impair the coverage of any such policy, the benefits of the endorsement provided for herein, or
the validity and binding effect of either, including, without limitation, no unlawful fee, commission,
kickback or other unlawful compensation or value of any kind has been or will be received,
retained or realized by any attorney, firm or other person or entity, and no such unlawful items
have been received, retained or realized by the Seller.
17. Title Insurance
The Mortgage Loan is covered by an ALTA or CLTA lender’s title insurance policy, acceptable to
Fannie Mae or Freddie Mac, Purchaser, or state law, issued by a title insurer acceptable to
Fannie Mae or Freddie Mac, Purchaser, or state law and qualified to do business in the
jurisdiction where the Mortgaged Property is located, insuring the Seller, its successors and
assigns as to the first priority lien of the Mortgage in the original principal amount of the Mortgage
Loan and, with respect to ARM Mortgage Loans, against any loss by reason of the invalidity or
unenforceability of the lien resulting from the provisions of the Mortgage providing for adjustment
in the Mortgage Interest Rate or Monthly Payment. Where required by state law or regulation, the
Mortgagor has been given the opportunity to choose the carrier of the required mortgage title
insurance. Additionally, such lender’s title insurance policy affirmatively insures ingress and
egress, and against encroachments by or upon the Mortgaged Property or any interest therein.
The Seller and its successors and assigns are the sole insureds of such lender’s title insurance
policy, and such lender’s title insurance policy is in full force and effect and will be in full force and
effect upon the consummation of the transactions contemplated by the Contract and will inure to
the benefit of Purchaser and its assigns without any further act. No claims have been made under
such lender’s title insurance policy, and no prior holder of the related Mortgage, including the
Seller has done, by act or omission, anything which would impair the coverage of such lender’s
title insurance policy. An Attorney’s Title Opinion Letter in lieu of a title insurance policy is not
permitted.
18. LTV, PMI Policy
In the event that the Mortgage Loan has a Loan to Value“(LTV”) ratio, that is in excess of what is
provided in the Guide for the respective product type and as a result a Private Mortgage
Insurance (“PMI”) policy is required by Purchaser, the Mortgage Loan has a valid and
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transferable PMI policy, except where such policy was impermissible at origination under
applicable law, such Mortgage Loan was originated in compliance with applicable law. Unless the
PMI policy for a Mortgage Loan was cancelled at the request of the Mortgagor or automatically
terminated, in either case in accordance with applicable law, all premiums have been paid and all
provisions of such PMI policy have been and are being complied with.
19. Optional Insurance
All Mortgage Loans for which mortgage/credit life, accidental death, disability, unemployment, or
any similar insurance is collected as part of the Mortgagor’s Monthly Payment are identified in the
Loan File and fully comply with applicable law. No Mortgagor was required to purchase any
single premium credit insurance policy (e.g., life, mortgage, disability, accident, unemployment, or
health insurance product) or debt cancellation agreement as a condition of obtaining the
extension of credit. No Mortgage Loan contains a single premium credit life or disability insurance
policy that has been financed. Any Mortgage Loan involved with any type of optional insurance
has been properly serviced including, without limitation, the proper application and collection of
premiums, the maintenance of complete and accurate records, processing and payment of claims
and the handling of correspondence. None of the Mortgage Loans has an optional insurance
product that, as of the Purchase Date, is being provided free of charge to a Mortgagor.
20. Insurance
All required insurance policies, of whatever type, remain in full force and effect. Seller has not
engaged in, and has no knowledge of the Mortgagors having engaged in, any act or omission
which would impair the coverage validity or binding effect of any such policies. No action,
inaction, or event has occurred and no state of facts exists or has existed that has resulted or will
result in the exclusion from, denial of, or defense to coverage under any applicable flood and/or
hazard insurance policy, FHA/VA/RHS policy, PMI policy, LPMI policy, irrespective of the cause
of such failure of coverage. In connection with the placement of any such insurance, no
commission, fee, or other compensation has been or will be received by the Seller, or any
designee of the Seller, or any corporation in which the Seller, or any officer, director, or employee
of the Seller had a financial interest at the time of placement of such insurance.
21. Mortgaged Property Undamaged; No Condemnation Proceedings
As of the related Purchase Date, there is no damage to the Mortgaged Property from waste, fire,
windstorm, flood, tornado, earthquake or earth movement, hazardous or toxic substances, other
casualty, or any other property related circumstances or conditions that would adversely affect
the value or marketability of any Mortgage Loan or Mortgaged Property, and adequate insurance
is in place to cover all such events. As of the related Purchase Date, there is no proceeding
pending or, to the best of Seller’s knowledge, threatened for the partial or total condemnation of
the Mortgaged Property that would adversely affect the Mortgage Loan.
22. Location of Improvements; No Encroachments
All improvements subject to the Mortgage which were considered in determining the Value of the
Mortgaged Property lie wholly within the boundaries and building restriction lines of the
Mortgaged Property (and wholly within the project with respect to a condominium unit) and no
improvements on adjoining properties encroach upon the Mortgaged Property except those which
are insured against by the title insurance policy referred to in subsection (17) above and all
improvements on the Mortgaged Property comply with all applicable zoning and subdivision laws
and ordinances.
23. Appraisal
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The Loan File contains an appraisal or property valuation relating to the Mortgaged Property, in a
form acceptable to Fannie Mae or Freddie Mac and the Guide. Any appraisal or property
valuation prepared in connection with a Mortgaged Property (i) complies with the requirements of
FIRREA, provides an accurate estimate of the bona fide market value of such Mortgaged
Property at the time of origination, and was prepared by an appraiser, acceptable to the
applicable Agency, with no direct or indirect interest in the Mortgaged Property or the transaction,
(ii) complies in all respects with all applicable appraiser independence requirements, restrictions
and guidelines including those contained in the Appraiser Independence Requirements as
adopted by Fannie Mae or Freddie Mac and the Appraisal Independence Requirements set forth
in Title XIV, Subtitle F, Section 1472 of the Dodd-Frank Wall Street Reform and Consumer
Protection Act, Pub. L. No. 111-203 (adding Section 129E to the Truth in Lending Act 15 U.S.C.
1631 et seq.) and any regulations promulgated pursuant thereto, and (iii) complies with the
applicable requirements, restrictions, and guidelines contained in the Guide.
24. Construction Defects
Any home or other improvement included within the Mortgaged Property was constructed in a
workmanlike manner, and was accepted by the original homeowner or Mortgagor in good and
habitable condition and working order, and conforms with all warranties, express or implied,
representations, legal obligations, and local, state and federal requirements and codes
concerning the condition, construction, and placement of the home or improvement.
25. Occupancy of the Mortgaged Property
The Seller gave due consideration, which need not be documented, at the time of origination to
factors, such as other real estate owned by the Mortgagor, commuting distance to work,
appraiser comments and notes, and any difference between the mailing address in the servicing
system and the Mortgage Property address, to evaluate whether the intended occupancy status
of the property as represented by the Mortgagor was reasonable. The Mortgaged Property is
lawfully occupied under applicable law. All inspections, licenses and certificates required to be
made or issued with respect to all occupied portions of the Mortgaged Property and, with respect
to the use and occupancy of the same, including but not limited to certificates of occupancy, have
been made or obtained from the appropriate authorities and no improvement located on or part of
the Mortgaged Property is in violation of any zoning law or regulation.
26. Type of Mortgaged Property
The Mortgaged Property consists of a parcel of real property with a detached single family
residence erected thereon, or a two-to four-family dwelling, or an individual condominium unit, or
an individual unit in a planned unit development. As of the date of origination, no portion of the
Mortgaged Property was used for commercial purposes, and since the date of origination, no
portion of the Mortgaged Property has been used for commercial purposes; provided, that
mortgaged properties which contain a home office shall not be considered as being used for
commercial purposes as long as the Mortgaged Property has not been altered for commercial
purposes and is not storing any chemicals or raw materials other than those commonly used for
homeowner repair, maintenance and/or household purposes.
27. Environmental Matters
There is no pending action or proceeding directly involving any Mortgaged Property of which the
Seller is aware in which compliance with any environmental law, rule or regulation is an issue and
nothing further remains to be done to satisfy in full all requirements of each such law, rule or
regulation constituting a prerequisite to use and enjoyment of said property. The Mortgaged
Property is free from any and all toxic or hazardous substances and there exists no violation of
any local, state or federal environmental law, rule or regulation.
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28. Unacceptable Investment
The Seller has no knowledge of any circumstances or condition with respect to the Mortgage, the
Mortgaged Property, the Mortgagor or the Mortgagor’s credit standing that could reasonably be
expected to cause investors to regard the Mortgage Loan as an unacceptable investment, cause
the Mortgage Loan to become delinquent or materially adversely affect the value or the
marketability of the Mortgage.
29. Income/Employment/Assets
Seller verified the Mortgagor's income, employment and/or assets in accordance with its written
guidelines and employed procedures reasonably designed to authenticate the documentation
supporting such income, employment and/or assets, all in accordance with the Guide. The Seller
has reviewed all of the documents constituting the Loan File and Credit File and has made such
inquiries as it deems necessary to make and confirm the accuracy of the representations set forth
herein.
30. Delinquency
All payments required to be made prior to the related Purchase Date for such Mortgage Loan
under the terms of the Mortgage Note have been made, the Mortgage Loan has not been
dishonored, and no Mortgage Loan has been more than thirty (30) days delinquent since the
related origination date.
31. Disclosure and Rescission Materials
The Mortgagor has received all disclosure materials required by applicable law with respect to the
making of Mortgage Loans of the same type as the Mortgage Loan, has received in writing all
rescission materials required by applicable law and has acknowledged receipt of such materials
and such acknowledgement will remain in the Loan File.
32. Texas Refinance Loans
Each Mortgage Loan originated in the State of Texas pursuant to Article XVI, Section 50(a)(6) of
the Texas Constitution (a Texas Refinance Loan”) has been originated in compliance with the
provisions of Article XVI, Section 50(a)(6) of the Texas Constitution, Texas Civil Statutes and the
Texas Finance Code. With respect to a Texas Refinance Loan that is a Cash-Out Refinance, the
related Mortgage Loan documents state that the Mortgagor may prepay such Texas Refinance
Loan in whole or in part without incurring a prepayment penalty. The Seller does not collect any
such prepayment penalties in connection with any such Texas Refinance Loan.
33. Anti-Money Laundering Laws
The Seller and its agents have at all times complied with all applicable federal, state and local
anti-money laundering laws, orders and regulations to the extent applicable to Seller or its agent,
including without limitation the USA PATRIOT Act of 2001, the Bank Secrecy Act and the
regulations of the Office of Foreign Asset Control (collectively, the Anti-Money Laundering
Laws”), in respect of the origination and servicing of each Mortgage Loan; the Seller has
established an anti-money laundering compliance program as and to the extent required by the
Anti-Money Laundering Laws, has conducted the requisite due diligence in connection with the
origination and servicing of each Mortgage Loan for purposes of the Anti-Money Laundering Laws
to the extent applicable to Seller, and, to the extent required by applicable law, maintains, and will
maintain, either directly or through third parties, sufficient information to identify the applicable
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Mortgagor for purposes of the Anti-Money Laundering Laws. No Mortgage Loan is subject to
nullification pursuant to Executive Order 13224 (the Executive Order”) or the regulations
promulgated by the Office of Foreign Assets Control of the United States Department of the
Treasury (“OFAC Regulations”) or in violation of the Executive Order or the OFAC Regulations,
and no Mortgagor is subject to the provisions of such Executive Order or the OFAC Regulations
nor listed as a “blocked person” for purposes of the OFAC Regulations.
34. Predatory Lending Regulations
None of the Mortgage Loans are classified as (a) high cost” loans under the Home Ownership
and Equity Protection Act of 1994 (“HOEPA”) or (b) “high cost,” “threshold,” “covered,” “predatory”
or “abusive” loans under any other applicable state, federal or local law, regulation relating to
such loans (as such terms are defined therein) (or similarly classified loan using different
terminology under a law, regulation or ordinance imposing heightened regulatory scrutiny or
additional legal liability for residential mortgage loans having high interest rates, points and/or
fees). No Mortgage Loan has an “annual percentage rate” or total “points and fees” payable by
the related Mortgagor (as each such term is calculated under HOEPA) that equal or exceed the
thresholds set forth by HOEPA and its implementing regulations, including 12 C.F.R. §
226.32(a)(1)(i). No predatory or deceptive lending practices, including, without limitation, the
extension of credit without regard to the ability of the Mortgagor to repay and the extension of
credit which has no apparent benefit to the Mortgagor, were employed in the origination of the
Mortgage Loan.
35. Arbitration
No Mortgagor agreed to submit to arbitration to resolve any dispute arising out of or relating in
any way to the Mortgage Loan transaction; any breach of this representation shall be deemed to
materially and adversely affect the value of the Mortgage Loan and shall require a repurchase of
the affected Mortgage Loan.
36. Higher Cost Products
With respect to delegated underwritten loans, the Mortgagor was not encouraged or required to
select a Mortgage Loan product offered by the Seller which is a higher cost product designed for
less creditworthy Mortgagors, unless at the time of the Mortgage Loan’s origination, such
Mortgagor did not qualify for a lower-cost credit product then offered by Seller taking into account
such facts as, without limitation, the Mortgage Loan’s requirements and the Mortgagor’s credit
history, income, assets and liabilities and debt-to-income ratios.
37. Prepayment Penalties
With respect to any Mortgage Loan that contains a provision permitting imposition of a penalty or
fee upon a prepayment, in whole or in part, prior to maturity: (i) the Mortgage Loan provides some
benefit to the Mortgagor (e.g., a rate or fee reduction) in exchange for accepting such prepayment
penalty, (ii) the Seller has a written policy of offering the Mortgagor the option of obtaining a
Mortgage Loan that did not require payment of such a penalty, (iii) the prepayment penalty was
adequately disclosed to the Mortgagor in the Mortgage Loan documents pursuant to applicable
state, local and federal law, and (iv) the Mortgage Loan documents with respect to such Mortgage
Loan specifically authorize such prepayment premium to be collected and such prepayment
premium is permissible and enforceable in accordance with the terms of the related Mortgage
Loan documents and applicable law.
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38. Complete Mortgage Files
The instruments and documents with respect to each Mortgage Loan required to be delivered to
the Purchaser on or prior to the Funding Date have been delivered to the Purchaser.
39. Escrow Payments
All escrow payments have been collected in full compliance with state and federal law and the
provisions of the related Mortgage Note and Mortgage. As to any Mortgage Loan that is the
subject of an escrow, escrow of funds is not prohibited by applicable law and has been
established in an amount sufficient to pay for every escrowed item that remains unpaid and has
been assessed but is not yet due and payable. No escrow deposits or other charges or payments
due under the Mortgage Note have been capitalized under any Mortgage or the related Mortgage
Note.
40. Escrow Holdbacks
There are no Mortgage Loans subject to outstanding escrow holdbacks except those specifically
identified by Seller as defined in the Guide.
41. Regarding the Mortgagor
The Mortgagor is one or more natural persons and/or trustees for an Illinois land trust or a
trustee under a “living trust” and such “living trust” is in compliance with the Guide for such trusts.
Either the Mortgagor is a natural person or the related co borrower or guarantor is a natural
person. The Mortgagor is not in violation of any laws regarding identity theft.
42. Tax Identification
All tax identifications for individual Mortgagors have been certified as required by law. Seller has
complied with all IRS requirements regarding the obtainment and solicitation of taxpayer
identification numbers and the taxpayer identification numbers submitted to Purchaser are
correct.
43. Deeds of Trust
If the Mortgage constitutes a deed of trust, a trustee, duly qualified under applicable law to serve
as such, has been properly designated and currently so serves and is named in the Mortgage,
and no fees or expenses are or will become payable by Purchaser to the trustee under the deed
of trust, except in connection with a trustee’s sale after default by the Mortgagor.
44. Adverse Selection
No selection procedures were used by the Seller that identified the Mortgage Loans as being
less desirable or valuable than other comparable Mortgage Loans in the Seller’s portfolio.
45. Due on Sale Clause
Each Mortgage contains a provision for the acceleration of the payment of the unpaid principal
balance of the related Mortgage Loan in the event the related Mortgaged Property is sold without
the prior consent of the mortgagee there under.
46. Nontraditional Mortgage Loan
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Each Mortgage Loan that is a “nontraditional mortgage loan” within the meaning of the
Interagency Guidance on Nontraditional Mortgage Product Risk, 71 FR 58609, and complies in all
respects with such guidance, including any interpretations, applications or implementation plans
with respect thereto that have been communicated and/or agreed to by a regulator of the Seller,
as originator of the Mortgage Loan.
47. FHA Mortgage Insurance Certificate; VA Loan Guaranty; USDA Loan Note Guarantee
Delegated Only
With respect to each FHA Loan, Seller has taken all steps required by FHA Regulations
(including, without limitation, (i) the processing, underwriting [Delegated] and closing of such FHA
Loan in accordance with FHA Regulations and any conditions imposed by the FHA in its “firm
commitment which relates to such FHA Loan and (ii) the timely remittance of the related
mortgage insurance premium to the FHA in accordance with FHA Regulations) which are a
prerequisite to the issuance of the FHA MIC and the issuance of such FHA MIC is subject only to
the completion of standard FHA clerical procedures. With respect to each VA Loan, Seller has
taken all steps required by VA Regulations (including, without limitation, (i) the processing,
underwriting [Delegated] and closing of such VA Loan in accordance with VA Regulations and
any conditions imposed by the VA in its “firm commitment” which relates to such VA loan and (ii)
timely remittance of the related funding fee to the VA in accordance with VA Regulations) which
are a prerequisite to the issuance of the LGC and the issuance of such certificate is subject only
to the completion of standard VA clerical procedures. [Delegated only] With respect to each
USDA Loan, Seller has taken all steps required by USDA Regulations (including, without
limitation, (i) the processing, underwriting and closing of such USDA Loan in accordance with
USDA Regulations and any conditions imposed by the USDA in its conditional commitment”
which relates to such USDA loan and (ii) the timely remittance of the related guarantee fee to the
USDA in accordance with USDA Regulations which are a prerequisite to the issuance of the
USDA Loan Note Guarantee and the issuance of such USDA LNG is subject only to the
completion of standard USDA clerical procedures. The evidence of insurance or loan guaranty
must be delivered to Purchaser within sixty (60) days of the Closing Date for FHA and VA loans.
For USDA, evidence of insurance must be delivered to Purchaser within thirty (30) days of the
Closing Date.
48. Servicing Issues
To the extent any Mortgage Loan is serviced in any manner prior to the purchase and transfer of
such Mortgage Loan to Purchaser, the servicing of such Mortgage Loan and the transfer of the
servicing for such Mortgage Loan to Purchaser complies with any and all federal, state or local
laws, rules or regulations applicable to such servicing activities as well as any and all applicable
Agency guidelines or requirements, whether such servicing was performed by Seller or by any
other person. Without in any way limiting the foregoing, such servicing shall include but shall not
be limited to, the provision of any notices or disclosures to Mortgagor, maintenance of the
payment, any escrow amounts required in connection with such servicing, and any actions or
inactions involved with respect to the transfer of servicing to Purchaser.
49. SAFE Act Compliance
Without limiting any other provision of the Agreement or the Guide, Seller represents and
warrants that it is in compliance with all state or federal licensing or registration requirements
enacted pursuant to the Secure and Fair Enforcement for Mortgage Licensing Act (“SAFE Act”)
including (but not limited to) adoption of policies and procedures necessary and appropriate to
ensure that Seller and its employees meeting the definition of “mortgage loan originator” under
such laws are licensed or registered, as applicable. Seller agrees to provide, on Purchaser’s
request, reasonable access to documents and records relating to or evidencing Seller's
compliance with state or federal licensing or registration requirements for individuals performing
mortgage loan origination activities, including (but not limited to) Seller's policies and procedures
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to comply with any state or federal licensing or registration requirements. If at any time during the
term of the Agreement, Seller or any employee, agent or contractor of Seller is found to have
failed to comply with state or federal licensing or registration requirements or if Seller fails or
refuses to provide documents or records requested by Purchaser pursuant to this paragraph,
Purchaser may immediately terminate the Agreement as provided in Article IV of the Agreement.
Seller shall promptly report to Purchaser any agency or judicial finding or other determination of
SAFE Act noncompliance by Seller or any employee of Seller.
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50. Leases
The Mortgaged Property is either a fee simple estate or a long-term residential lease. If the
Mortgage Loan is secured by a long-term residential lease and (1) the terms of such lease
expressly permit the mortgaging of the leasehold estate, the assignment of the lease without the
lessor's consent (or the lessor's consent has been obtained and such consent is in the Mortgage
File) and the acquisition by the holder of the Mortgage of the rights of the lessee upon foreclosure
or assignment in lieu of foreclosure or provide the holder of the Mortgage with substantially
similar protection; (2) the terms of such lease do not (x) allow the termination thereof upon the
lessee's default without the holder of the Mortgage being entitled to receive written notice of, and
opportunity to cure, such default or (y) prohibit the holder of the Mortgage from being insured
under the hazard insurance policy related to the Mortgaged Property; (3) the original term of such
lease is not less than 15 years; (4) the term of such lease does not terminate earlier than five
years after the maturity date of the Mortgage Note; and (5) the Mortgaged Property is located in a
jurisdiction in which the use of leasehold estates for residential properties is an accepted practice.
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Chapter 1D Defaults and Remedies, Early Pay Off
D100 Defaults
Any one or more of the following events constitute an Event of Default:
Seller has not complied with one or more of the requirements, terms or conditions, or has
breached a representation, warranty or covenant, contained in this Guide or in the Purchase
Documents.
Any changes in Seller's ownership whether by direct means, or indirect means, without prior
written notice to Lakeview. Indirect means include any change in ownership of 50% or more of
Seller's direct or indirect parent.
Any assumption of control of Seller by the Federal Deposit Insurance Corporation (FDIC), or
other similar federal or state governmental entity.
Any change in the financial or organization status of Seller that Lakeview in its discretion believes
could adversely affect Lakeview or any Mortgage Loans sold to Lakeview.
Seller sells, assigns, or transfers all or substantially all of Seller's business or assets.
The placement of Seller on probation or restriction of its activities in any manner by a (a) federal
or state government agency, including Freddie Mac, Fannie Mae, or HUD, or (b) MERS.
Seller's misstatement or omission of any material fact on any application, certification or other
document delivered to Lakeview.
Seller's failure to repurchase any Mortgage Loans within the required timeframe.
D101 Remedies
Non-Exclusive, Cumulative Remedies
Lakeview's remedies are cumulative and not exclusive. Lakeview may exercise any remedy described in
this Guide, contained in any other Agreement between Lakeview and Seller, or available at equity or at
law. Lakeview's exercise of one or more remedies in connection with a particular Event of Default will not
prevent it from exercising any other remedies in connection with that same Event of Default or another
Event of Default.
Waiver of Defaults
Lakeview may waive any default by Seller in the performance of Seller's obligations hereunder and its
consequences, but only by a written waiver specifying the nature and the terms of such waiver. No such
waiver shall extend to any subsequent or other default, nor shall any delay by Lakeview in exercising, or
Lakeview's failure to exercise, any right arising from such default affect or impair Lakeview’s rights.
Survival of Remedies
Lakeview's remedies will continue in full force and effect, notwithstanding any termination of the
Agreement, this Guide or the Purchase Documents, and shall inure to the benefit of Lakeview and its
assigns, notwithstanding any restrictive or qualified endorsement on any Note or assignment of mortgage,
or Lakeview's examination of or failure to examine any Mortgage Loan Documents or Mortgage Loan
files.
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D102 Repurchase
Repurchase Obligations
Lakeview has the right to demand that Seller repurchase a Mortgage Loan (and its servicing, if the
Mortgage Loan was sold on a servicing-released basis) if Seller has breached a representation, warranty
or covenant, contained in this Guide or in the Purchase Document pertaining to a Mortgage Loan. For
the avoidance of doubt, Seller shall be obligated to repurchase a Mortgage Loan if an Investor demands
repurchase of such Mortgage Loan based on, arising out of or resulting from any fact or circumstance that
would constitute a breach of a representation, warranty, covenant, obligation or responsibility of Seller
under the Purchase Documents and the Guide.
If Seller discovers an Event of Default with respect to a Mortgage Loan, it must give Lakeview prompt
written notice describing the breach. Sellers are encouraged to utilize self[email protected] to
communicate Events of Default. Upon receipt of this notice, Lakeview will review the materials and any
additional information or documentation that Seller believes may influence Lakeview's decision to require
Seller to repurchase the Mortgage Loan or impose or exercise other remedies or rights available to
Lakeview.
If Lakeview demands that Seller repurchase a Mortgage Loan, Seller agrees to repurchase the Mortgage
Loan (and its servicing if the Mortgage Loan was sold servicing released) for the repurchase price within
30 days of receiving Lakeview's written demand.
Lakeview is not required to demand repurchase within any particular time, and may elect not to require
immediate repurchase. However, any delay in making a repurchase demand does not constitute a waiver
by Lakeview of any of its rights or remedies.
Upon Seller's satisfaction of its repurchase obligations, Lakeview will endorse the Note in blank and will
deliver the Note and other pertinent Mortgage Loan Documents that are in Lakeview's possession to
Seller. If Lakeview has acquired title to any of the real property securing the Mortgage Loan pursuant to a
foreclosure sale and has not disposed of such property, it will transfer such property to Seller on a “quit
claim” basis, or if required by state law, a “warranty deed” basis.
Any of the real property securing the Mortgage Loan pursuant to a foreclosure sale and has not disposed
of such property, it will transfer such property to Seller on a “quit claim” basis, or if required by state law, a
“warranty deed” basis.
Repurchase Price
The Repurchase Price is the sum of the following amounts:
The current principal balance on the Mortgage Loan as of the paid-to date; plus,
The accrued interest calculated at the Mortgage Loan Note rate from the Mortgage Loan paid-to
date up to and including the repurchase date; from last paid date to and including the repurchase
date; plus,
Any unpaid Early Payment Default fee and/or price paid in excess of par by Lakeview on the
Funding Date; plus,
Any Interest, Principal, or other advances made to investors and all out of pocket costs and
expenses incurred of any kind by Lakeview; and any additional amount that Lakeview or any
affiliates is required to pay to repurchase the Mortgage Loan from any subsequent assignee.
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D103 Indemnification
Seller shall indemnify Lakeview, its affiliates and their respective officers, directors, employees, agents,
contractors and representatives from all liabilities, obligations, losses, damages, penalties, fines,
forfeitures, court costs and reasonable attorneys' fees, judgments, suits and any other costs, fees and
expenses, directly or indirectly resulting from or arising out of (a) an Event of Default, (b) any litigation or
governmental proceeding that alleges any violation of local, state or federal law or an event which, if true,
would be an Event of Default, by Seller or any other party in connection with the origination of a Mortgage
Loan or the servicing of a Mortgage Loan prior to the sale of servicing to Lakeview, (c) any breach of a
representation, warranty, or covenant made by Lakeview in reliance upon any representation, warranty,
or covenant made by Seller, or (d) Lakeview's enforcement of the Agreement, including this Guide.
Seller must reimburse Lakeview within 10 days of receiving Lakeview's demand for indemnification.
Except for notices of demand for indemnification, Lakeview is not required to give Seller notice of any
events that may trigger Seller's indemnification obligations. Seller and its counsel must cooperate with
Lakeview in connection with the defense of any litigation or governmental proceeding involving a
Mortgage Loans. Lakeview has the right to control any litigation or governmental proceeding related to a
Mortgage Loan, including choosing defense counsel and making settlement decisions.
D104 Set Off
Upon any Event of Default Lakeview may, without prior notice to Seller, set-off and apply all or any
amounts owed by Lakeview to Seller (including the Purchase Price for any Mortgage Loans) against any
repurchase, indemnification or other obligations owed by Seller to Lakeview. Lakeview will notify Seller
within a reasonable time after any set off, provided, however that the failure of Lakeview to give such
notification shall not affect the validity of the set-off.
D105 Suspension, Inactivation, and Termination
Either party may terminate the Agreement at any time (a) by the mutual written consent of the Seller and
Purchaser, (b) by either party, without cause, upon five (5) days written notice to the other party or (c)
immediately by Purchaser upon the occurrence of an Event of Default.
In the event of a termination with cause, Lakeview may refuse to register or fund any or all Mortgage
Loans after the effective date of the suspension, inactivation, or termination.
Inactivation, suspension, and termination do not affect Seller's obligations with respect to Mortgage Loans
already sold to Lakeview.
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D106 Early Pay Off
Premium Recapture for Early Pay Off (EPO)
In the event of prepayment of the outstanding balance in full within 180 days of the purchase of the
Mortgage Loan, Seller must reimburse Lakeview:
Any SRP, yield spread and/or above par pricing paid on the subject transaction or any
combination thereof.
Timing of Payment
Seller must repay the Premium or other recaptured amount within 30 days of written notice from
Lakeview.
For additional guidance on Early Pay Off, please see Section B604 Post Acquisition and Servicing.
D107 Early Payment Default
For purposes of this Agreement, an Early Payment Default exists when any of the first four (4) payments
due after purchase of the Mortgage Loan by Lakeview becomes ninety (90) or more days delinquent and
such delinquency is not attributable to an error in servicing or other material error of Lakeview or its
affiliates. A Mortgage Loan is considered delinquent if the payment has not been received and applied by
the end of day immediately preceding the Mortgage Loan next due date. Receipt of payments originally
due prior to the date on which Lakeview purchases the Mortgage Loan will not satisfy EPD requirements.
Remedies for an Early Payment Default
Requires Repurchase or
In lieu of Seller’s obligation to Repurchase resulting from any Early Payment Default, Lakeview, in
its sole and absolute discretion, may allow Seller to indemnify Lakeview for any future potential
losses provided Seller:
o Pay Lakeview a fee of $1,500 for Conventional or $3,500 for Government Loans
o Return all sums in excess of Par paid to Seller by Purchaser in connection with the purchase
of said Mortgage Loan and
o Sign a written indemnification agreement in the form and content provided by Lakeview to
Seller
D108 Recast Allowance
A recast allows you to put a lump sum toward the principal balance of your mortgage resulting in the re-
amortization of the principal and interest (P&I) portion of the monthly payment. Sellers are expected to
follow the recast policy as published by Fannie Mae, Freddie Mac, FHA, VA and USDA.
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Chapter 1E Terms of Use and Electronic Services
This Electronic Services Chapter sets out standards that apply to all Lakeview Mortgage Loan Programs.
Generally, requirements that vary from one Mortgage Loan Program to another are described in our
Product Matrices. In most cases, differences will not be referenced in this chapter.
E100 Overview and Incorporation of Terms of Use
Sellers may be eligible to use various electronic services, forms and materials offered by Lakeview for its
sellers, including such electronic services as automated decisioning, compliance and pricing engine
services.
Lakeview may require all Sellers who wish to use any of the electronic services, forms and/or materials to
obtain a User ID and password for each of the Seller's individual users. Additionally, Lakeview may
require Sellers to obtain an administrator User ID and issue User IDs and passwords to each of the
Seller's individual users. Lakeview may make the forms, materials and/or one or more of the electronic
services available through those User IDs, depending on the requests and needs of the Seller. From time
to time, Lakeview may also make forms, materials and certain electronic services available via selected
third party providers. A Lakeview User ID and password may or may not be required to access
Lakeview's forms, materials and electronic services through these third parties, but the third party
provider may require Sellers to obtain and use User IDs and passwords and to agree to terms and
conditions of use.
By requesting or using any User IDs for the Lakeview electronic services, forms or materials directly
through Lakeview or via a Lakeview third party provider, Seller agrees to the current Terms of Use or the
individual web pages dedicated to the particular electronic service, form or material. Lakeview may
amend any such Terms of Use in accordance with the Guide update process or by posting the amended
Terms of Use or on those same web pages. Seller's use of the electronic service, forms or materials after
notification of such amended terms shall constitute Seller's agreement to the amended Terms of Use. The
Terms of Use are intended to supplement the terms of this Guide. In the event of an irreconcilable conflict
between any Terms of Use and this Guide, the Guide shall prevail.
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Chapter 2 Compliance
200 Communications Regarding Legal Issues and Lakeview Policies
From time to time, Lakeview will alert its Sellers to important legal requirements related to the origination
of Mortgage Loans. However, Sellers should not rely upon Lakeview to inform them of the legal
requirements applicable to the origination of Mortgage Loans. Instead, as described in the
Representation, Warranties, and Covenants section, and other sections of this Guide, Seller must ensure
that it is aware of, understands and implements all applicable federal, state and local laws.
Lakeview may also inform Sellers of its specific policies regarding certain laws, and may provide the
above-described information regarding legal requirements or policies in this Guide. Alternatively,
Lakeview may provide the information through other means, including bulletins, communications, or
Compliance Alerts, by whatever name or other communications. Regardless of the method of
communication, Seller must comply with such policies.
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Chapter 3 Registration & Commitments
Chapters 3A through 3C describe the proper procedure for Registration and Commitment of Loans, with a
primary focus on process. These sections do not define or alter the actual Loan Program purchase
criteria and eligibility standards, which are contained in other chapters of this Seller Guide.
300 Description of Underlying Chapters
Chapter 3A Registration
Chapter 3B Flow Commitments
Chapter 3C Multiple Loan Mandatory Commitments - Delegated only
Chapter 3A Flow Registration
The Lakeview Registration Desk works with Sellers to ensure timely and accurate registration of
Individual loan Commitments. This chapter references flow business specifically. A comprehensive
overview of Lakeview pricing and lock-in policies is contained in Chapter 3B, Flow Commitments.
A300 Requesting a Commitment
Seller may register and lock loans with Lakeview through one of the following three methods:
A. Internet
Visit us at www.LakeviewCorrespondent.com
B. Telephone
Call the Registration Desk at 855-253-8439. The desk is staffed from 8:30 AM to 7:00 PM ET.
C. Fax
Fax a Registration Sheet to 855-862-8779.
A301 Register/Float
Individual loans can be registered in one of two ways:
a float status (no price or delivery timeframe is set or given); or
lock status
A Seller may register a loan into float status in order to obtain a loan number prior to submission for
underwriting with Lakeview. If requested, pricing will be quoted from the current day's Ratesheet for the
loan attributes and delivery timeframe requested.
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A302 Key Registration Data Fields
The following data fields are required to register a loan:
Seller's company name and Lakeview assigned ID number
Web User Name
Seller loan Number, if applicable
Primary Borrower first and last name
Primary Borrower Social Security Number
3
Primary Borrower Credit Score
All Co-Borrowers' first and last names
All Co-Borrowers' Social Security Numbers
3
All Co-Borrowers' Credit Scores
1
Primary wage earner
Loan Program code number and product name
Property address, city, state and zip code
2
Property type
Loan Amount
Base loan Amount, if applicable
Note Rate (optional for floating loans)
Term/Amortized Term - (in months)
Buydown type, if applicable
Occupancy
Loan Purpose
Documentation Type
Escrows
Sales price, Appraised Value, or LTV
Ratio (DTI)
Qualified Mortgage (QM) eligible- Yes or No
Units
Condominium Type, if applicable
CLTV required if there is another lien
Other Lien Balance (required for CLTV)
Locking the loanIndicate lock window and delivery option
Any other loan Program specific field, as required
1
If Credit Scores are not available at time of registration, pricing may be denied or the loan may be
placed in a pending status if a lock is required.
2
Property Address Clarification - On a purchase transaction, Seller may request a credit pre-qualification
for the Borrower prior to a property being located. In this instance, the street address may be input as “To
Be Determined”. A loan with a “To Be Determined” property address cannot be locked, and is only eligible
for registration as a float for underwriting purposes. A full and complete property address is required at
the time of a rate lock request. Any lock requests with incomplete or incorrect addresses will be classified
as invalid and subject to worst-case pricing.
3
Valid social security numbers are required for all borrowers, ITINs are not eligible.
A303 Licensing
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Lakeview will not accept loans in states where Sellers are not properly licensed to conduct business. In
the event that Lakeview does not have a Seller's current license or exemption on record, we cannot
accept loan registrations or locks. If any Seller license issues are under review, the Seller's loans will be
placed in a pending status. To remove the loans from pending status the Seller must take the following
steps:
Seller must update all state licensing information by emailing state licensing and exemption
information directly to Lakeview at CRM@bayviewloans.com.
Once this information is received and the system has been updated to reflect the appropriate
approval, the Seller must submit a new lock request to the Registration Desk at the prevailing
loan rate. Rates effective on the original request date will not be honored.
A304 Escrow Waivers
Tax and insurance escrows are required on all loans greater than 80% loan to value (LTV) with the
exception of California where state law prescribes escrows are not required on loans less than 90% LTV.
Flood insurance premiums paid by the borrower must be escrowed and cannot be waived regardless of
LTV. If flood insurance premiums are paid by a condominium association, homeowner’s association or
other group, no escrow is required. Escrow waivers for property taxes and homeowners insurance are
permitted on loans with LTVs less than or equal to 80% in accordance with the agency requirements and
all state specific restrictions.
A305 Policy/Loan Program Exceptions
Exceptions will be considered for registered, closed and delivered loans on a case-by-case basis. Sellers
can initiate the exception review process by submitting a Loan Exception Request (located in the Forms
Library on the Company website). To register a loan before submitting an Exception Request, Seller may
contact the Registration Desk via telephone or fax and request a loan to be registered into a Pending
Status to obtain a loan number.
Lakeview will communicate the decision to Seller. In some cases, the exception request may require
review and approval by either the designated GSE or HFA partner. If the exception is approved, Seller
may email the approved exception along with a completed Loan Registration Sheet to the Registration
Desk to request a lock. The Registration Desk can be reached via CommitmentDesk@bayviewloans.com.
The Registration Desk will then confirm the loan registration with the Seller.
In general, policy and loan program exceptions will be subject to an additional price adjustment.
Lakeview, at its discretion, may charge a cancellation or Pair-off Fee if the decline of an exception
request results in cancellation of a locked Commitment.
A306 Locked Loan Changes
The Registration Desk will determine if a request to change loan information requires that a loan be re-
priced. Changes to loan information are not automatic, nor recommended. The Registration Desk may
require additional information to facilitate the change. Lakeview routinely runs audit checks against the
changed fields to guard against fraud and to comply with certain banking and regulatory requirements.
Any incorrect Borrower information, such as Borrower name or Social Security number, will require
additional documentation and may result in worst-case re-pricing.
Regardless of loan status, the following fields cannot be changed:
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Seller ID
Borrower's and Co-Borrower's names
Borrower's and Co-Borrower's Social Security Numbers
Property address
1
Property state
Property zip code
On a locked loan, revisions to the following additional fields will not be permitted:
Delivery Method
Lock Window
Any changes to the following fields on a locked loan may result in re-pricing the loan:
Loan Amount
Loan Purpose
LTV
CLTV
Occupancy
Credit Scores
Sales Price
Appraised Value
Other liens or Secondary Financing
DTI
Qualified Mortgage (QM) eligible- Yes or No
Interest Rate
Term
Program Code
Documentation Type
Property Type
Escrows
Buydown
For more complete information regarding loan changes resulting in re-pricing, see the Locked loan
Changes section in Chapter 3B.
1
Changes to property address: The only time the property address may change is on a purchase
transaction in which the initial agreement of sale is cancelled and a new property is located. Under that
scenario, the original loan will be cancelled and a new loan with the updated information will be registered
subject to current market pricing conditions. In order to process this request, the Registration Desk may
request additional documentation. See Chapter 3B, Flow Commitments of this Seller Guide for potential
pricing implications.
Other circumstances necessitating a change to the property address will result in worst-case pricing and
may require additional documentation for review.
A307 Incomplete Registration (Pending Status)
In some cases, the Registration Desk may attempt to register and / or lock a loan, but cannot complete
the registration, due to one or more of the following issues:
Missing/incomplete/incorrect Social Security numbers
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Missing/incomplete/incorrect property address
Missing/incomplete/incorrect Borrower's and/or Co-Borrower's names
No credit score is provided, and product requires it
No DTI is provided, and product requires it
No Qualified Mortgage (QM) indicator provided
Loan does not fit product guidelines
Product code not provided
Rate is not selected
Rate lock window and Delivery Type is not selected
Requested rate is not available
Seller is not licensed in the state where property is located (see the Licensing section in this
chapter for more information)
Other reasons not listed here
In these cases, the loan will be placed into Pending Status. Placing a loan in Pending Status will save
some of the loan information. However, the loan cannot be locked until all open issues have been
resolved. Lakeview will communicate information to Seller outlining the deficiency that requires correction.
It is Seller's responsibility to contact the Registration Desk to rectify any outstanding issues. Once the
correction is received and reviewed by Lakeview, the Seller may submit an updated lock request based
on the prevailing loan rates at the time the complete lock request is submitted.
Lakeview will not assume responsibility for unlocked or unregistered loans that have been sent on
improper forms, to incorrect fax numbers, or incorrectly filled out.
See the Pending Status section in Chapter 3B, Flow Commitments of this Seller Guide for more
information.
A308 Intra-Day Pricing Changes
Due to the volatile nature of the secondary market pricing, our pricing is subject to change at any time
and without notice. Lakeview reserves the right to determine the standard used to establish the cutoff
time for intra-day pricing changes.
A. Internet
When Lakeview is re-pricing or preparing new ratesheets, website transactions will be disabled.
B. Phone
Sellers that are in the Lakeview phone queue at the time of a re-price will typically be able to
complete their registration, lock, or change requests as of the pricing in effect at the time they entered
the phone queue. Sellers contacting the desk once re-pricing is in process will receive a message
that we are currently going through a rate change and will be asked to call back after the new prices
are posted.
C. Fax
Lakeview time stamps all inbound and outbound facsimile transmissions. All registrations, changes,
and other time-sensitive requests will be honored if received by Lakeview before the established rate
change and are deemed complete. Pricing for loan registrations, changes or locks received after the
price change has started will be subject to pricing as of the next available Ratesheet.
A309 Web User Names
39
Any time the Seller contacts the Registration Desk via phone, the caller is required to provide their
personal user name for the website. Since web user names are used by the Desk to determine the
caller's appropriate security access, it is important that the Seller Web Administrator sets up each user at
their company with a unique user name and provides them with appropriate access levels. Generic User
Names like “LockDesk” may not be permitted. If a caller does not have their own user name, under no
circumstances should user names be shared between co-workers. The Seller's Web Administrator is
responsible per the Web Agreement & Terms of Use to ensure that all users are set up with appropriate
access at all times. Lakeview will not be held responsible for transactions completed by unauthorized
individuals.
A310 Error Notification
Lakeview will not be held responsible for incorrect registrations and/or loan lock errors. Errors, omissions,
or mistakes that are reported to the Registration Desk within 24 hours after the incident occurs will be
considered on a case-by-case basis for correction without penalty. It is the Seller's responsibility to
contact the Lakeview Registration Desk to report registration or lock-in issues or missing lock-in requests
within 24 hours of the initial request. Any correction of errors or supplemental information for omissions
after the 24-hour period will require that the loan be repriced based on prevailing rates.
See the Problem Resolution section in Chapter 3B, Flow Commitments of this Seller Guide for more
information.
Chapter 3B Flow Commitments
In order to sell loans to Lakeview, Seller must obtain a Rate Lock Commitment. A variety of pricing
options are available to meet the needs of our Sellers. For related information, see Chapter 3A, Flow
Registration of this Seller Guide.
B300 Commitment Defined
A Rate Lock Commitment is an agreement whereby Seller commits to deliver a loan, as described in the
Commitment Confirmation that is eligible for purchase under the terms of this Seller Guide. Seller must
enter into a Commitment for each loan prior to delivering it to Lakeview.
Depending on approval authorization, Sellers may enter into a Flow Commitment under either a Best
Efforts or a Mandatory Delivery Commitment:
A. Best Efforts Delivery Commitment
A Best Efforts Delivery Commitment option offers correspondents the ability to lock in a competitive price
for a single mortgage loan, for a specific Borrower(s) for a specific property, without incurring borrower-
driven fallout risk.
Fallout occurs with respect to a Best Efforts commitment when a correspondent cancels a commitment,
when the commitment delivery due date lapses prior to the delivery of the Mortgage Loan to Lakeview, or
when Lakeview rejects a Mortgage Loan due to failure to meet Lakeview guidelines or commitment terms.
Once the loan closes, Seller is required to deliver the loan and it becomes a Mandatory Delivery
Commitment. If the loan does not close, Seller is not assessed a Pair-off Fee.
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Under a Best Efforts Delivery Commitment, Seller commits to the following:
Best efforts will be made to close the loan as described in the Commitment
If closed the Seller will deliver the full credit and closing file in purchasable condition by the
Delivery Expiration Date
Although there is no penalty charged on an individual loan if it does not close, Lakeview closely
monitors pull- through ratios.
Unacceptably low pull-through levels may impair Seller's ability to sell loans to Lakeview or
maintain normal business relationships.
B. Mandatory Delivery Commitment [Delegated only]
Under a Mandatory Delivery Commitment, Seller commits to deliver a loan to Lakeview that is eligible for
purchase and that conforms to the terms described in the Commitment prior to the end of the
Commitment Period. Lakeview will charge a Pair-off Fee to Seller if the committed amount is not delivered
by the specified date.
Prior to entering into a Mandatory Delivery Commitment, Seller must first be approved and set up for this
delivery option and must be closing in their own name and utilizing an approved warehouse line or their
own funds. The interest rate on a Mandatory Delivery Commitment can only vary plus or minus 0.125%
from the initial locked interest rate and the unpaid principal balance can only vary plus or minus 2% from
the initial commitment balance. A Mandatory Delivery Commitment is ineligible to be re-locked as a Best
Efforts Delivery Commitment. However, at Lakeview's discretion, a loan that was previously committed
under a Best Effort Delivery Commitment may be re-locked into a Mandatory Delivery Commitment
provided that more than 30 days have lapsed since the initial lock expiration date. Once a loan is re-
locked as a Mandatory Delivery Commitment, further extensions or changes in loan parameters are not
permitted.
Lakeview offers the following Mandatory Delivery Commitment options:
Flow- one loan per Commitment (applies to a closed loan locked as Best Efforts Delivery
Commitment)
Multiple Loan Mandatory multiple loans per Commitment (see Chapter 3C of this Seller Guide
for information)
o Bulk Purchases
o Rate Sheet Forwards
o Mandatory Forwards
C. Additional Rules Applicable to Commitments [Delegated only]
A property may have no more than one Commitment outstanding at any one time with Lakeview.
In the event that a duplicate lock is created, the loan will become subject to worse case pricing.
If Seller is approved by Lakeview to utilize other delivery or closing options besides the standard
Closed loan option, Seller may be required to provide closing, credit, and/or collateral on a
different time line than stated above.
Seller may not assign or transfer a Commitment, in whole or in part, without the prior express
written consent of Lakeview.
Note: The term Commitment is not to be confused with other agreements or terminology that may
be in effect between Seller and Lakeview (such as a master commitment or a forward
commitment).
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B301 Daily Pricing and After Market Rate Protection
A. Daily Prices & Ratesheets
Daily prices are established at approximately 10:00 AM ET and are available every day (including
weekends) at www.lakeviewcorrespondent.com. Weekend pricing will be based off of the last active
rate sheet and is subject to the After Market Rate Protection policy.
Lakeview will have periods when no pricing is available. These “blackout periods generally occur
from 12:00 AM ET through 10:00 AM ET. There may also be periods during the day when market
conditions will necessitate a general ratesheet price update. During these periods Sellers will be
unable to obtain rate locks over the phone or Internet. Any faxes received during these blackout
periods will be priced under the next available ratesheet.
B. After Market Rate Protection
Lakeview may provide, at its discretion, After Market Rate Protection for its Sellers. After Market Rate
Protection enables Sellers to lock in new originations after the close of normal business hours, and
applies only to Best Efforts Delivery Commitments. After Market Rate Protection begins at 7:00 PM
local time to 12:00 AM ET.
If a Seller exceeds their After Market Rate Protection limit, they will be notified the next day and
Lakeview may reject or re-price any dollar amount over the limit. Once new pricing becomes available
the next business day, the Seller may submit a new lock request based on current rates. Lakeview is
not responsible for lock requests that are rejected due to After Market Rate Protection limits.
B302 Pending Status
Lakeview activates a rate lock only when Seller provides complete loan data that meets Lakeview's
program guidelines. Loans with incomplete loan data will be placed in Pending Status and will not be
priced. Once the cause of the pending condition is removed or corrected, Lakeview will allow loans to
receive a rate lock at the current market. It is Seller's responsibility to contact the Registration Desk to
rectify any problems and to request to lock the loan.
See the Incomplete Registration (Pending Status) section in Chapter 3A, Flow Registration, of this Seller
Guide for more information.
B303 Commitment Confirmation
A Commitment Confirmation is Lakeview's written communication to the Seller confirming that the Seller's
Commitment request is accepted and outlining the additional terms and conditions applicable to
Lakeview's potential purchase of the loan.
If Seller delivers an eligible loan within the Commitment Period, and the loan conforms to Lakeview's
Guidelines, the loan will be reviewed for potential purchase under the pricing and terms described in this
Commitment Confirmation section.
After Seller has communicated a request to enter into a Commitment, the request is non-revocable by
Seller. Once accepted or rejected, Lakeview will communicate its response and, if applicable, the terms of
the Commitment including the price and the Commitment Period. Lakeview is not deemed to have
accepted a request to enter into a Commitment until Lakeview has sent its written Commitment
Confirmation to Seller.
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Although Lakeview will use commercially reasonable means to receive requests and send its responses
for Commitments, Lakeview is not responsible for any failures of Seller to deliver or receive any such
communications, and Seller acknowledges that Lakeview will act in reliance of a Commitment that it has
accepted even if Seller does not receive the Commitment Confirmation. Sellers that wish to mitigate the
risk of market shifting should use time-sensitive means of communication (such as
lakeviewcorrespondent.com or the Registration Desk) rather than means without immediate feedback
(such as fax).
Seller also acknowledges that if Lakeview accepts a Commitment by voice (such as by telephone), the
Commitment will remain subject to all terms and conditions shown in a subsequently delivered
Commitment Confirmation.
Each Commitment Confirmation will provide Lakeview's applicable Commitment number and/or Lakeview
loan number, which Seller must include in all future correspondence regarding such Commitment.
Further, Seller acknowledges that prices in a Commitment Confirmation will be those applicable at the
time Lakeview acknowledges they received a completed/acceptable request for a Commitment, and that
Lakeview is not responsible for market changes or other re-pricing events that may have occurred
between the time of Seller's request and Lakeview's receipt. Lakeview reserves the right to determine the
standard used to ascertain the time such request is considered to be received.
The pricing provided on the Commitment Confirmation is subject to change. Changes, including but not
limited to changes in loan characteristics, program eligibility, commitment terms and late fees will affect
the final loan price. Lakeview and its Affiliates reserve the right to modify and/or revise its Commitment
Confirmation should any of the information submitted in the final loan package differ from the information
provided during the Pricing Functions service or if the loan does not meet Lakeview's or its Affiliates'
guidelines. A Commitment Confirmation does not constitute a loan decision/approval or a commitment to
purchase a loan.
B304 Locked loan changes
Most changes to a locked commitment would constitute a relock and would be subject to worst case re-
pricing. The following list includes examples of changes that would be subject to re-pricing.
Rate lock expired prior to loan closing and disbursing
Delivery date expired prior to delivery of complete package
Loan in suspense for more than 30 days
Commitment cancelled/denied and new commitment requested
Address changes (except corrections to original subject property address that were made in error
at the time of rate lock)
Product changes
1
For more information regarding Locked loan changes, see the Locked loan Changes section in Chapter
3A Flow Registration of this Seller Guide. Also see Section B307 Expirations for additional information
regarding relock fees that may apply.
1
All product changes completed without re-price are at the total discretion of the Registration Desk and
may be approved or denied based upon existing market conditions.
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B305 Out of Tolerance
Unless otherwise specified, when fulfilling a Commitment, Lakeview allows a tolerance of plus or minus
5% on individual Best Efforts Delivery Commitment, and a tolerance of plus or minus 2% on Mandatory
Commitment loan amounts. Loan amount changes outside of these tolerances are subject to Out of
Tolerance (OOT) pricing adjustments. These pricing adjustments help to compensate for the negative
effects of market movement on the marginal dollar amount change of the loan.
The OOT amount is subject to re-pricing and fees per the grid below:
If Loan Amount
If Market Price
Best Effort Delivery Commitments
Mandatory Delivery Commitments
1
Increases
Increases
No OOT fee
OOT fee = -0.125
Decreases
Decreases
No OOT fee
OOT fee = -0.125
Increases
Decreases
OOT fee applies
OOT fee minimum
amount = -0.125
Decreases
Increases
OOT fee applies
OOT fee minimum
amount = -0.125
The OOT fee is calculated by the Registration Desk. The OOT Fee is applied to the loan pricing, and
once the loan has been recalculated for OOT, the new recalculated loan balance is the new starting point
for any future loan amount changes.
1
For Mandatory Delivery Commitments, the OOT fee is subject to the 0.125% minimum Pair-off Fee. See
the Commitment Defined section in this chapter for more information.
Example:
If the initial locked loan amount is $100,000 and the commitment is Best Efforts Delivery
Commitment, the loan amount tolerance limit is $95,000 to $105,000. A change in loan amount to
$80,000 calculates to an out of tolerance amount of $15,000 ($95k $80k). This $15,000 variance in
delivery amount would be subject to the OOT calculation. If the original price of the loan was 100.00
and the current market price for the same delivery is 101.00, then an OOT fee or pricing adjustment
would apply based on the grid above (loan amount down and market price up). The fee is calculated
on the $15k OOT balance at a 100 basis point loss (price move from 100.00 to 101.00) and would
equal ($150.00). A ($150.00) change in value on an $80,000 loan would equate to a price adjustment
of -18.8 basis points. Therefore, 18.8 basis points would be deducted from the final loan price.
B306 Rate Lock Extensions
Seller may request Rate Lock Extensions via website, fax, or telephone.
Lakeview may grant Individual Best Efforts & Mandatory Delivery Commitment extensions of up to 30
days on or before the Lock Expiration date. Current extension terms and fees can be found on the initial
page of the daily Ratesheet. The fees on the Ratesheet in effect at the time Seller requests the extension
will apply. Seller must request any extension beyond 30 days through the Lakeview Registration Desk.
Extension Requests beyond 30 days from the original lock expiration will only be considered on a case-
by-case basis and must be requested directly with the Lakeview Registration Desk. Upfront fees or higher
extension fee charges may be required for any exceptions to our standard extension policy.
Automated extensions on the website may be disabled due to market conditions. In these circumstances
please contact the Registration Desk for extension options.
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All rate lock extensions are calculated in continuous calendar days. Extension fees and policies are at the
discretion of Lakeview and are subject to change without notice. Lakeview has the right to refuse to
permit extensions on individual loans or products at any time for a variety of reasons including but not
limited to current market conditions or changes in product eligibility/guidelines.
Sellers must advise Lakeview of any erroneous extension requests prior to 5:00 PM ET on the same day
as the request. Requests for changes after this time will not be permitted.
B307 Expirations
A. Delivery Expiration vs. Lock Expiration
The Rate Lock Expiration is the expiration of Lakeview's commitment to honor a locked loan at a
particular interest rate. All loans must be closed and funded by the Lock Expiration Date. Any
extension requests must be made on or before the Rate Lock Expiration Date, and requests received
after this date would be subject to re-lock at worse-case pricing.
The Delivery Expiration Date is the deadline within which Sellers must deliver closed loans with all
required documents including complete credit and closing package to Lakeview. As a courtesy
delivery expiration date is 2 business days after the lock expiration date. Even if the delivery
expiration date falls on a weekend or Lakeview observed holiday, seller must ensure that the
complete credit and closing files are received on or before the delivery expiration date. If a Seller fails
to deliver by the delivery expiration, Lakeview will re-price the loan subject to worse-case pricing once
the credit and closing files are received.
The Delivery Expiration when applicable will display on the Commitment Confirmation.
Lakeview encourages all Sellers to monitor lock expiration dates very carefully. Failure to extend
locks prior to its expiration date in order to meet Funding Dates may result in costly re-pricing.
B. Holiday or Weekend Lock Expirations
If the initial lock expiration on a loan would fall on a weekend or Lakeview observed holiday, Lakeview
will automatically roll the Lock Expiration Date to the next business day. Any subsequent extensions
or relocks however may cause the loan to expire on a weekend or Lakeview holiday; in that case, the
expiration date will NOT roll to the next business day. In all cases, the loan must be closed and
disbursed by the Lock Expiration Date.
As a courtesy, if a rate lock expires on a weekend or a Lakeview observed holiday, Sellers may
request to extend the rate lock during standard hours until 5:00 PM ET on the first business day after
the weekend or holiday that Lakeview is open for business.
Example:
The rate lock expires on Saturday 5/24/2014. On Tuesday, 5/27/2014 (due to holiday on Monday,
5/26/2014) Seller extends the rate lock for five additional days using the extension fees published on
the 5/27/2014 ratesheet. Therefore, the Lock Expiration date is Thursday 5/29/2014.
If the Delivery Expiration Date falls on a weekend or Lakeview observed holiday Seller must still
ensure that the complete credit and closing files are received on or before the Delivery Expiration
Date of the Rate Lock Commitment. To ensure the loan is received without any issue, Lakeview
strongly encourages Sellers to deliver the full file prior to the delivery expiration date.
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C. Expired Commitments
If a relock on an Individual Best Effort Commitment is requested within 30 days of the Rate Lock
Expiration Date the loan will be relocked subject to worse-case pricing comparison and the applicable
relock fee as identified in Subsection D, Relock Fees and Terms.
If the loan is canceled prior to the lock expiration, and then reestablished as a new loan, the same
relock fee structure noted below will be applied based on cancellation date rather than lock expiration.
If the loan has been delivered for purchase and suspended greater than 30 days please see
subsection F.
If the relock is requested more than 30 days after the Commitment’s Lock Expiration, or
cancellation, whichever applies, the loan will be priced at current market. However, the loan will
continue to be assessed any previously purchased lock extensions or other fees unless the loan
has been expired or canceled for more than 60 consecutive days
A relock request may be subject to additional risk of secondary market illiquidity, and Lakeview
may not accept the original locked rate.
Lakeview may deny the original locked rate on an expired lock due to market illiquidity.
Rates not listed on the current ratesheet are illiquid rates and Seller may not be able to relock
them.
Loans that are relocked must meet all current product eligibility guidelines.
Loans that have expired and have been relocked more than once may be subject to additional
fees or may become ineligible for relock.
If a loan has been expired more than 60 consecutive days, the loan can be relocked at current
market with no market comparison and is no longer subject to the cost of previous extensions.
However, in most cases, a new loan number should be assigned and the old expired loan number
should be withdrawn.
D. Relock Fees and Terms
If Seller requests to relock an Individual Best Effort committed loan that is expired or canceled,
whichever applies, less than 30 days the relock will be subject to the following conditions:
Lakeview will relock loans up to a maximum of 4 times for no greater than a total of 60 days,
never to exceed the original lock window.
All relocks are subject to current Lakeview product eligibility guidelines. Loans not meeting
current product guidelines will not be eligible for relock.
Relock windows can only be taken in increments of 15 or 30 days, but may not be longer than the
original lock window.
Relocks are calculated on a “worse case” pricing basis as outlined below.
Worse-Case will be determined from several factors:
The requested relock period of either 15 or 30 days
The base price on the expired or canceled lock
The current market base price for the requested relock period
The current extension fees as posted on the ratesheet
Once the requested relock period (15 or 30 days) is established, comparisons for the same product
and interest rate will be made between the most recent lock base price less extension costs to the
current ratesheet base price. If the current market price is lower than a commensurate extension fee
would cost from the date of the prior lock expiration to the new requested expiration, then the current
base ratesheet price will be applied.
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If the current ratesheet base price is higher than the original (most recent) expired/canceled lock, then
the total extension cost will be applied to the original base price and the lock expiration date adjusted
accordingly.
If Seller requests to relock an undelivered loan that has been expired or canceled for more than 30
days, the loan will be eligible to be relocked at current market without worse case pricing comparison
or relock fee, however, any previously purchased extension or relock fees will remain with the loan
unless it has been expired/canceled for over 120 concurrent days.
Example # 1
A loan is locked for 30 days at a base price of 101.00. The lock expires and a relock is requested for
15 days on day 10 past the original lock expiration. The current comparable 15-day price is 101.10.
Since the original base price is worse, the loan would be extended for 25 days at extension costs.
Example #2
A loan is locked for 30 days at a base price of 101.00. The lock expires and a 30-day relock is
requested on day 1 past the original lock expiration. The current comparable 30-day price is 99.50.
Since the current price is worse than a 31-day extension, the loan is relocked for 30 days at current
market.
Example #3
A loan is locked for 30 days at a base price of 101.00. The lock expired and a 30-day relock is
requested on day 20 past the original lock expiration. The current comparable price is 100.50. Current
price is worse than original but not greater than the extension costs of 50 days, lock is extended at
extension cost.
E. Late Delivery
If Seller delivers into a Rate Lock Commitment where the delivery expiration date has already past,
Lakeview will assume that Seller is requesting the loan to be relocked. Once the credit and closing
files are received and the loan has been identified as delivered late, Lakeview will automatically
relock the loan subject to worse case pricing comparison as described above in Subsection D.
The Delivery Expiration will be reset to reflect the later of the credit or closing file received date, no
additional time will be provided.
Example
A loan is locked for 30 days at a base price of 101.00. It is delivered 4 days late (assuming a 2 day
delivery window, loan is 6 days past Rate Lock Expiration). Current market at the same note rate is
101.00. Loan is relocked charging a 6-day extension cost.
F. Loans Suspended Greater Than 30 Days
If Lakeview makes an exception to purchase a loan that has been in suspense for more than 30 days,
the loan will be relocked, subject to the worse of either the accrued suspense fees for 30 days or
worse case market reprice. In the case of loans suspended greater than 30 days, worse case market
pricing will be determined by comparing base price to base price for the same rate lock terms. If the
Loan has been delivered for purchase and suspended greater than 30 days, and is subsequently
withdrawn and resubmitted, the new loan will continue to be subject to the worse of either the accrued
suspense fees for 30 days or worse case market reprice for 30 days from the date of cancellation. All
previously applied fees such as extension charges will remain on the loan. Any loans suspended
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greater than 30 days must also meet all current pricing and product guidelines and eligibility.
Lakeview, by policy does not purchase seasoned loans. If a Loan becomes seasoned while Seller
attempts to clear deficiencies, Lakeview reserves the right to no longer accept delivery at any time.
For additional information on suspended loans, see Section B308 Suspended Closed loans.
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B308 Suspended Closed loans
Lakeview will not purchase loans with incomplete funding documents. If a document or qualification
deficiency is determined, the loan will be suspended.
Seller may incur late fees in the event that Lakeview does not receive the information or documentation
needed to purchase the loan within the following timeframe:
Five business days from the later of the delivery expiration or the initial suspense notification
If Seller does not provide complete and compliant funding documents within the timeframe listed above,
Lakeview may, at its discretion, allow or require any of the following (either singly or in any combination):
Allow Seller additional time subject to payment of an extension or suspense fee
Allow Seller additional time subject to Lakeview's re-pricing the loan
Reject the delivery
Reject the delivery and require payment by Seller of a Pair-off Fee [Delegated]
Require a recertification of value after 120 days from date of suspension
A delivery is not deemed accepted by Lakeview unless and until Lakeview acknowledges receipt of the
closing and credit files, and in addition, wires applicable funds to Seller via wire instructions provided.
Once this occurs, a Purchase Advice detailing the funds sent will be posted to the secured website for the
Seller to review.
If the initial outstanding deficiencies/suspense items are not resolved by the delivery expiration date
suspense fees will accumulate on a per diem basis until the Lakeview determines that the loan is eligible
to fund.
Beginning from the later of the Delivery Expiration or the date of initial loan Suspense Seller will
have 5 business days to provide all requirements to clear all suspense items before suspense
fees begin to accumulate.
After the suspense grace period, fees will be calculated on a per diem basis, based on the
number of days the loan remains in suspense.
The per diem charge may fluctuate based on market and business conditions.
Per diem values will be posted daily on the ratesheet near extension costs
The per diem charge in effect on the day the loan is deemed eligible for purchase will be applied
to calculate the total suspense fee.
Suspense Expiration Dates
Correspondents are encouraged to clear suspense items expeditiously to avoid potential pair-off, roll
fees, or suspense fees. If the correspondent cannot clear pre-purchase suspense items before the
suspense expiration date outlined in this section, loan files will be deemed ineligible for purchase and
returned to the seller. Suspense expiration dates are as follows:
Non-HFA loans - 45 calendar days from the audit completion date.
[Delegated] HFA loans - 60 calendar days from the audit completion date.
The audit completion date is defined as the day on which the credit and compliance deficiencies are
published to the correspondent via the Lakeview/Bayview client portal.
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Exceptions to this policy are limited and reviewed on a case-by-case basis only. If it is determined at
Lakeview/Bayview’s discretion to purchase a loan that has been in suspense for longer than the allowed
time, the loan will be relocked, subject to the worse of either the accrued suspense fees accumulated
beyond the allowable timeframe or worse case market reprice. Worse case market pricing is determined
by comparing base price to base price for the same rate lock terms.
The Delivery Expiration will be reset to reflect the date relocked, and no additional time will be provided.
All previously applied fees, such as extension charges, will remain on the loan.
Any loan suspended beyond the allowable timelines must meet all current pricing, product guidelines, and
eligibility. Suspense fees and policies are at the discretion of Lakeview/Bayview and are subject to
change without notice.
B309 Failure to Deliver
A. Best Efforts Delivery Commitments
Participation in a Best Efforts Delivery Commitment is permitted at Lakeview's discretion, and
Lakeview may restrict or halt Seller's future participation in a Best Efforts Delivery Commitment at any
time.
Once Seller closes a loan subject to a Best Efforts Delivery Commitment, the Commitment is deemed
a Mandatory Delivery Commitment and is subject to the terms listed for Mandatory Delivery
Commitments.
B. Mandatory Delivery Commitments [Delegated only]
Participation in a Mandatory Delivery Commitment is permitted at Lakeview's discretion. Seller must
be prior approved by Lakeview's Credit Risk Group to take out Mandatory Trades. Lakeview may
restrict or halt Seller's future participation in a Mandatory Delivery Commitment at any time.
Unless otherwise stated by the Registration Desk, Seller must deliver eligible loans under a
Mandatory Delivery Commitment, conforming to the applicable loan Program described in the
Commitment, with a loan amount that is within 2% (plus or minus) of the original committed amount.
To the extent Seller's delivery of eligible loans under a Mandatory Delivery Commitment has an
aggregate outstanding principal balance (subject to the allowances stated above) less than the
Commitment amount, Lakeview may, at its discretion, charge Seller a Pair-off Fee as described in the
Calculation of Pair-off Fees section in this chapter. It is the Seller's responsibility to notify Lakeview if
they cannot deliver a Mandatory loan on time. Lakeview may, at its discretion, assess a fee in
accordance with the Seller Contract.
C. Collection of Non-Delegated Underwriting Fees
Lakeview reserves the right to invoice the correspondent seller for any underwriting fees associated
with the credit decision of a loan file in which the closed loan was not submitted back to Lakeview for
final purchase.
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B310 Withdrawing or Canceling loans
A. Withdrawing or Canceling loans
A Seller may request Lakeview to cancel or withdraw a best effort or mandatory loan commitment.
[Delegated] - Cancellation or withdrawal of a mandatory commitment is subject to Pair-off fees. Once
cancelled or withdrawn for any reason, the loan immediately ceases to be price or guideline
protected. There can be no reinstatement of that specific loan number. Should Seller request a loan
reinstatement and should Lakeview reinstate the loan, it will be re-registered and Re-priced according
to worse case pricing policies outlined in Section B307 subsection C & D. All extension fees remain
with the loan. Cancellation may take place through the website or through the Registration Desk.
Seller is responsible for monitoring and ensuring that only authorized personnel make requests for
cancellation.
B. Cancellation of Best Efforts Delivery Commitments
Lakeview monitors patterns to identify potential non-compliance with the Best Efforts Delivery
Commitment policy. Lakeview reserves the right to contact the applicant or use other available means
in the event of a cancellation, to confirm the status of the loan.
D. Declined loans
In order to ensure Lakeview's ability to comply with the Home Mortgage Disclosure Act (HMDA) and
the Equal Credit Opportunity Act (ECOA), all loans underwritten by Lakeview or Contract
Underwriting that result in the loan being declined will be declined regardless of lock expiration. The
rate lock will be cancelled.
Resubmissions after the decline date will require a new registration and underwriting submission. The
new loan will be subject to worse case pricing review if locked within 30 days after the previous rate
lock was cancelled (regardless of when the loan was actually declined).
B311 Calculation of Pair-off Fees Delegated Only
Pair-off Fees are fees that may be assessed at Lakeview's discretion if Seller fails to deliver qualifying
loan files in the amount of the commitment by the expiration date.
If Seller does not deliver a loan locked into an individual Mandatory Delivery Commitment before
the lock expiration date, the market price used to determine the Pair-off Fee is the price for a
comparable Commitment, at a comparable rate, at a comparable lock window, the next business
day following the lock expiration date.
If Seller cancels or withdraws an individual Mandatory Delivery Commitment before the lock
expiration, the current market price used to determine the Pair-off Fee is the price for a
comparable Commitment at a comparable rate at a comparable lock window on the day the pair
off request is made.
If market prices have risen, the Pair-off Fee is the full difference between the locked price and the
market price plus $200.
If market prices have declined, the pair-off Fee is $200 unless the hedge gain attributed to the
market decline is greater than $200. If this is the case, the pair off fee would be zero. If the hedge
gain attributed to the market decline is less than or equal to $200, the pair off fee is the difference
between $200 and the hedge gain.
If Seller relocks an individual Mandatory Delivery Commitment trade, the Pair-off Fee may be
imbedded into the price of the new commitment. The new commitment will be priced at current
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market less the Pair-off Fee. If Seller does not deliver the relocked commitment, the commitment
will be paired-off at the new price (net of the imbedded Pair-off Fee).
Pair-off fees will appear on the monthly invoice generated by Correspondent Post Acquisition and
are due upon receipt.
B312 Policy/Loan Program Exceptions
Lakeview will consider exceptions on a case-by-case basis by submission of a completed Loan Exception
Request. Seller must register the loan in order for Lakeview to consider it. When the loan is outside
current guidelines, Seller can only register the loan into a pending status by contacting the Registration
Desk via phone or fax. Lakeview will review but not lock loans in a pending status until the pending status
clears. Lakeview will not lock any loan under consideration until the exception is approved and Seller
submits current request to lock. In general, policy and loan program exceptions will be subject to
additional price adjustments.
Lakeview may at its discretion, charge a cancellation or Pair-off Fee if the decline of an exception request
results in cancellation of a locked commitment.
B313 Collection of Non-Delegated Underwriting Fees
If Lakeview underwrites a file that is returned to the seller (i.e. withdrawn, cancelled, denied, etc.), a fee of
$495 per file will be charged to the Seller. Once Lakeview issues an invoice for the collection of a Non-
Delegated Underwriting fee, the Seller is required to pay the fee within 30 Business Days. If the
Underwriting fee is not paid, Lakeview reserves the right to offset any fees due from proceeds owed to
the Seller by Lakeview.
B314 Rate Re-Negotiations
Under certain market conditions, Lakeview will consider a re-negotiation of a locked rate on Best Efforts
delivery commitments. The minimum market movement needed before Lakeview will consider
renegotiating the rate is 0.75% in price for the same product and lock term.
At Lakeview's discretion and depending on market conditions, some products at times will not be eligible
for negotiation regardless of market move. The Registration Desk will be able to assist with negotiable
products.
Seller must have a Best Efforts Delivery Commitment pull through and delivery rate that is acceptable to
Lakeview, in its discretion.
Seller must close, disburse, and deliver the negotiated loan within 10 calendar days or by lock expiration
whichever comes sooner. Lakeview will change the Lock Expiration to reflect this. The loan must not have
been expired, cancelled, or withdrawn. Only one rate negotiation per commitment can be granted.
The price difference between the original ratesheet date and the current ratesheet at the renegotiated
rate (for the same product and lock term) will be split with Seller. The new negotiated price will not exceed
the original quoted price. The end Borrower must receive the full benefit of the renegotiation in the form of
a rate reduction with no additional points. Fees associated with the established lock commitment and
other loan level adjustments are factored into the final renegotiated price paid to Seller.
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B315 Seasoned loans
Complete closed loan packages (Credit file, Closing file, and Note) must be received by Lakeview within
45 calendar days from Note date. Loans with Note dates beyond this timeframe are considered
seasoned. Lakeview does not purchase seasoned loans. Loans in suspense will be guided by the
policy as set forth in section B-308, Loans in Suspense.
This is for all Loan Programs and Delivery types.
Any loans not meeting these guidelines will be returned to the Correspondent.
B316 Problem Resolution
Any contingency, issue, process, or scenario not covered in this document should be considered outside
of Lakeview's policy and, therefore, subject to review by the Registration Desk. Sellers are encouraged to
call the Registration Desk when they have questions or pricing issues with a loan. An agent will make
every effort to resolve the issue, but if the issue cannot be resolved, the matter may be escalated to the
Team Leads for resolution. If the resolution is not satisfactory, the problem can be escalated to the
Manager of the Registration Desk and then to the appropriate Sales Director.
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Chapter 3C Multiple Loan Mandatory Commitments Delegated Only
Before selling Loans to Lakeview, Seller must obtain a pricing Commitment. A variety of pricing options
are offered to best suit the needs of our individual Sellers. Our pricing policies are designed to work for
the mutual benefit of all parties involved. For related information, see Chapter 3A Flow Registration of this
Seller Guide.
C300 Multiple Loan Mandatory Commitment Defined
A Commitment is an agreement whereby Seller commits to deliver a Loan, as described in the
Commitment and eligible for purchase under the terms of this Seller Guide. Seller must enter into a
Commitment for Loans prior to delivering to Lakeview.
Lakeview evaluates Sellers and upon meeting all requirements, grants multiple loan mandatory approval.
Multiple loan mandatory approval grants a Seller the ability to deliver under the following two delivery
options.
A. Bulk Purchase Commitment
A bulk Commitment is a group of Loans that a Seller agrees to sell at one time, at a negotiated price.
Loan level information is required from Seller, and is generally provided to Lakeview in a Microsoft
Excel spreadsheet (See the Bulk Purchase Commitments section in this chapter for complete
information).
B. Mandatory Forward Commitment
A forward commitment is a Mandatory Delivery Commitment to sell a group of Loans, meeting all
parameters of a specified Loan Program, at an agreed price, at or before a specific expiration date.
The advantage of this method is that while the delivered Loans must meet the parameters of the
specified Loan Program, Seller need not provide Loan level detail at the time of Commitment.
Lakeview will assign a master commitment number for each of the above referenced delivery scenarios.
C301 Process Information
Prospective bulk Sellers will be contacted by their Seller Manager prior to the initial bulk transaction. The
purpose of this session is to determine the following.
Time lines/Expectations: Delivery and funding expectations vary by trade and Loan Program and
will be negotiated with the Bulk Trade Desk at the time of each bid.
Delivery Options (See Chapter 7, Shipping and Delivery Methods, of this Seller Guide for delivery
options)
o Standard
o Image
Lakeview bulk transaction contacts are as follows:
A. Contact Information
Phone 855-253-8439 (8:30 AM to 5:00 PM EDT)
Email Bulk Bids: BulkBids@bayviewloans.com
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B. Document Delivery Locations
Refer to Shipping and Delivery Methods section of the guide
C302 Commitment Confirmation
A Commitment Confirmation is Lakeview's written communication to Seller confirming acceptance of the
Seller's Commitment and additional terms and conditions applicable to Lakeview's potential purchase of
the Loan under such Commitment.
If Seller delivers an eligible Loan within the Commitment Period, which conforms to purchase guidelines,
Lakeview will review the Loan for potential purchase under the pricing and terms described in this section.
Additional terms applicable to all Commitments include the following.
Each lien position of a property may have only one Commitment outstanding at any one time with
Lakeview
Seller may not assign or transfer a Commitment, in whole or in part, without the prior express
written consent of Lakeview
The term Commitment is not to be confused with other agreements or terminology that may be used
between Seller and Lakeview, such as a master commitment or a forward commitment.
After Seller has communicated its request to enter into a Commitment, the request is non-revocable.
Upon receipt of a request, Lakeview will thereafter determine at its discretion if it will accept or reject the
request, the means it will use to communicate its response, and if applicable the terms of the
Commitment including the price and the Commitment Period. Lakeview is not deemed to have accepted a
request to enter into a Commitment until Lakeview has sent its written communication of a Commitment
Confirmation to Seller.
Although Lakeview will use commercially reasonable means to receive requests and send its responses
for Commitments, Lakeview is not responsible for any failures of Seller to deliver or receive any such
communications, and Seller acknowledges that Lakeview will act in reliance of a Commitment that it has
accepted even if Seller does not receive the Commitment Confirmation.
Further, Seller acknowledges that prices in a Commitment Confirmation will be those applicable at the
time Lakeview responds to the request for Commitment, and that Lakeview is not responsible for market
changes or other Re-Pricing events that may have occurred between the time of Seller's request and
Lakeview's response. Further, Seller acknowledges that if Lakeview accepts a Commitment by voice
(such as by telephone), the Commitment will remain subject to all terms and conditions shown in a
subsequently delivered Commitment Confirmation.
Each Commitment Confirmation will provide Lakeview's applicable Commitment number, which Seller
must include in all future communications regarding such Commitment.
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C303 Over-Delivery or Failure to Deliver
Unless otherwise stated by the Trading Desk, Seller must deliver eligible Loans under a Mandatory
Delivery Commitment, conforming to the applicable Loan Program described in the Commitment, with an
aggregate outstanding principal balance that is within the following allowances.
Within the negotiated Tolerance set forth in the Commitment Confirmation for the Commitment
amount
As may be negotiated by the Trading Desk
To the extent Seller's delivery of eligible Loans under a Mandatory Delivery Commitment has an
aggregate outstanding principal balance (subject to the allowances stated above) less than the
Commitment amount, Lakeview may, at its discretion, charge Seller a Pair-off Fee as described in the
Calculation of Bulk Pair-off Fees section in this chapter.
To the extent Seller's delivery of eligible Loans under a Mandatory Delivery Commitment has an
aggregate outstanding principal balance (subject to the allowances stated above) greater than the
Commitment amount, Lakeview may, at its discretion:
Reject any submitted Loans (as chosen by Lakeview) until the delivery is within the Commitment
amount
Reject the entire delivery
Accept and purchase the additional Loans subject to Re-Pricing
With regard to the delivery of eligible mortgage loans under a Mandatory Delivery Commitment, Lakeview
provides both a delivery and funding expiration date with the intent that the Seller deliver eligible loans by
the former date to allow Lakeview to purchase eligible loans by the later funding expiration date.
Lakeview does allow Sellers to deliver eligible loans after the delivery expiration date up until the funding
expiration date however, if the loan purchase is not completed by the later date, extension fees will be
applied to final pricing. In the event that an eligible mortgage loan is not delivered by the funding
expiration date, the loan will be subject to a pair-off fee.
C304 Calculation of Multiple Loan Mandatory Pair-off Fees
Pair-off Fees are fees that may be assessed if Seller does not deliver qualifying Loan files in the
Commitment amount by the expiration date.
Lakeview considers Multiple Loan Mandatory (Bulk Purchases & Mandatory Forwards) deliveries
separately and handles them on a case-by-case basis. Please contact the Trade Desk for pair-off
procedures and fees on these special transactions.
o If market prices have risen, the pair-off fee is the full difference between the locked price
and the current market price plus $200
o If market prices have declined, the pair-off fee is $200 unless the hedge gain attributed to
the market decline is greater than $200. If this is the case, the pair-off fee would be zero
o If the hedge gain attributed to the market decline is less than or equal to $200, the pair-off
fee is the difference between $200 and the hedge gain
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C305 Bulk Purchase Commitments
A bulk purchase Commitment is a group of Loans a Seller agrees to sell at one time, at a negotiated
price. Loan level information is required from Seller in an Excel spreadsheet. The Bulk Purchase
Acquisitions team provides this spreadsheet to Seller and addresses it during initial bulk discussions. The
spreadsheet must contain all required fields needed to price the pool. See the Process Information
section in this chapter for contact information.
A. Eligible Loan Programs
All Loan Programs posted on the daily Ratesheet are eligible for bulk bids at Lakeview's sole
discretion.
B. Trade Execution
Seller emails a spreadsheet containing all pertinent information about each Loan in the package
to the Lakeview Trade Desk. See the Process Information section in this chapter for contact
information
Seller also notifies the Trade Desk of the day and time the package will be bid
The Trade Desk calculates a weighted average price for the entire pool of Loans and then
communicates Lakeview's final price to the customer at the predetermined day and time
When the Bulk Desk accepts the trade or bid, they email a confirmation to Seller describing the
details of the trade including delivery deadlines and funding deadlines
C. Delivery and Funding
Delivery instructions for the specific Loans are found in the Process Information section in this
chapter (Shipping Loan Files and Original Notes).
Loans are funded when all Loans clear the purchase review process by the Funding Date agreed to
at the time of the original transaction.
Lakeview will not purchase Loans with incomplete Funding Documents. If upon review a document or
qualification deficiency is determined, the Loan will be suspended.
D. Late Delivery/Non Delivery
The bulk confirmation contains two dates.
Delivery Expiration date
Commitment Expiration or Funding Date
Complete Loan files (Loans in a fundable format) must be in receipt at Lakeview by the Delivery
Expiration date. This ensures that all Loans are audited, have notice of suspense posted, cleared of
suspense, and funded by the Commitment expiration date as stated on the confirmation.
Online reports to review deliveries, suspense, and current fundings are available on
www.lakeviewcorrespondent.com. Additional reporting can be obtained from the respective Seller
Manager assigned to the account.
Loans received after the Delivery Expiration date are at risk for not being audited, cleared of
suspense, and funded by the Commitment expiration date and thus may be subject to a Pair-off Fee.
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Extension fees may be provided on a Commitment prior to the Commitment expiration date. Lakeview
may, at its discretion, grant an extension on a Commitment expiration date, but an extension fee will
apply. These extension fees are deal specific and are calculated by the Bulk Acquisitions Desk.
C306 Seasoned Loans
Complete closed loan packages (Credit file, Closing file, and Note) must be received by Lakeview within
45 calendar days from Note date. Loans with Note dates beyond this timeframe are considered
seasoned. Lakeview does not purchase seasoned loans. Loans in suspense will be guided by the
policy as set forth in section B-308, Loans in Suspense.
This is for all Loan Programs and Delivery types.
Any loans not meeting these guidelines will be returned to the Correspondent.
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Chapter 4 Insurance and Loan Documents
This chapter outlines Lakeview's standards for insurance, surveys, and loan documents requirements that
apply to all Lakeview Loan Programs.
400 Description of Underlying Chapters
Chapter 4A Insurance and Survey Requirements
Chapter 4B Loan Documents and Notes
Chapter 4A Insurance & Survey Requirements
This chapter describes the insurance and survey requirements that apply to all Lakeview Loan Programs.
Generally, eligibility policies that vary from one Loan Program to another are described in our Product
Matrices.
A400 Insurance Requirements
The following sections define the insurance requirements that must be satisfied for Loans offered for sale
to Lakeview.
A401 Hazard Insurance
A. General Hazard Insurance Requirements
1. Carrier
The hazard insurance policy for a property securing any first mortgage including blanket
policies for condos and PUDs - must be underwritten by a carrier that meets the following rating
requirements:
a) An Insurer With An Acceptable Rating
Carriers Rated by A.M. Best Company, Inc
“B” or better Financial Strength Rating in Bests Insurance Reports
“A” or better Financial Strength Rating and a Financial Size Category of “VIII” or greater in Bests
Insurance Reports Non-US Edition
Freddie Mac (LPA) underwritten loans will require a minimum Financial Strength Rating of B+/III,
or for a non-U.S. insurer, A/VIII
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Carriers Rated by Demotech, Inc.
“A” or better rating in Demotechs Hazard Insurance Financial Stability Ratings
Carrier’s Rated by Standard and Poor’s
“BBB” or better Insurer Financial Strength Rating in Standard and Poors Ratings Direct
Insurance Service.
Insurers rated by more than one rating company need only meet one of the rating requirements.
b) An Insurer Covered by a Reinsurance Policy
The reinsurance company must meet either one of the A.M. Best ratings or the Standard & Poor’s
rating specified above.
The primary insurer and the reinsurance company must be authorized (or licensed, if that is
required) to transact business within the state where the property is located.
The reinsurance agreement must have a “cut-through” endorsement that provides for the
reinsurer to become immediately liable for 100% of any loss payable by the primary insurer in the
event that the primary insurer becomes insolvent. The endorsement must be attached to each
insurance policy that is covered by the reinsurance agreement.
Both the primary insurer and the reinsuring company must execute an Assumption of Liability
Endorsement Form 858 or any equivalent endorsement that provides for 100% reinsurance of the
primary insurer’s policy and 90-day written notice of termination of the reinsurance arrangement.
The endorsement must be attached to each insurance policy that is covered by the reinsurance
agreement.
A reinsurer can limit its coverage exposure by specifying a dollar limitation in the reinsurance
endorsement. However, the insurance written under the policy cannot exceed that amount.
c) Other Acceptable Insurance Underwriters
A state insurance pool created by statutory authority to provide insurance for geographic areas or
insurance lines which suffer from lack of voluntary market availability, if that is the only coverage
that is available. Such pool may be designated as a property insurance plan, a Fair Access to
Insurance Requirements (FAIR) plan, an underwriting association, a joint underwriting association
or an insurance authority. The following are examples of such plans:
o Hawaii Property Insurance Association (HPA); and
o Florida Citizens Property Insurance Corporation
In addition, all insurance companies (insurers) and insurance companies which guarantee
coverage provided by other insurance companies (reinsurers) must also be licensed or otherwise
authorized by law to conduct business in the jurisdiction where the Mortgaged Premises are
located.
2. Assessments
Insurance contracts must provide that no assessment may be made against the lender or the
servicer, or any subsequent assignees, and that any assessment made against other may not
become a lien on the Mortgaged Premises superior to the lien of the lender or any subsequent
assignee.
3. Mortgagee Clause Endorsement
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The mortgagee clause on all mortgage policies, binders, and certificates of insurance must show
the mortgagee using the following language:
Lakeview Loan Servicing, LLC c/o LoanCare, LLC
ISAOA/ATIMA
PO Box 202049
Florence, SC 29502-2049
The mortgagee clause must provide that the insurer will notify the named mortgagee at least 10
days before cancellation of the policy.
4. Policy Term
The policy must be written for at least a one year term or be continuous until cancelled.
5. Policy Effective Date
The policy effective date must be on or before the date the Borrower’s loan is funded.
6. Evidence of Insurance
At closing, the Borrower must provide evidence that the property is covered by hazard insurance
in one of the following forms:
o Hazard Insurance Policy;
o A Certificate of Insurance, Evidence of Insurance Form, Declaration Page, or Insurance
Binder (Temporary Insurance Contract) that contains at least the following information:
Name of insured (for condominiums and PUDs, the homeowners association is the named
insured);
Name of mortgagee
Property address, including zip code. A legal description must be shown for rural properties,
condominiums, or other properties if the property address does not adequately define the location
of the property.
(Example: Route 1, Box 5, is inadequate).
Mailing address, if different from property address (second homes and non-owner occupied
investment property)
Type, amount and effective dates of coverage
Deductible amount and coverage to which each such deductible applies;
Any endorsement or optional coverage obtained and made part of the original policy;
Insurer’s agreement to provide at least 10 days’ notice to the mortgagee (including any applicable
PUD or Condominium Unit or ground lease community leasehold mortgagee) before cancellation
of the policy; and
Signature of an authorized representative of the insurer, if required by law
Purchase Transactions At closing, the borrower must provide a paid receipt for the first year’s premium.
Refinance Transactions If the insurance is due to expire within 60 days of closing, the Borrower must
submit a paid receipt for the next year’s premium
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B. Minimum Property Insurance Types and Amounts
1. 1-4 Unit Properties
(a) Type of Coverage
At a minimum, the Mortgaged Premises must be protected against loss or damage from fire and
other perils covered within the scope of the standard extended coverage endorsement. TPO
Operations will not accept hazard insurance policies that limit or exclude from coverage (in whole
or in part) windstorm, hurricane, hail damage, civil commotion (including riots), smoke, hail, and
damages caused by aircraft, vehicle, or explosion. If any of these perils is excluded from the
primary insurance policy, coverage of the excluded peril must be picked up through a secondary
insurance policy.
(b) Coverage Amount
The hazard insurance coverage must equal the lesser of the following:
100% of the insurable value of the improvements as established by the property insurer or
The unpaid principal balance of the first mortgage and the second mortgage Loan amount, as
long as it equals the minimum amount80% of the insurable value of the improvements
required to compensate for damage or loss on a replacement cost basis
Seller must ensure that the Mortgaged Premises will be adequately covered even when vacant,
and where necessary, must obtain a vacancy permit endorsement.
(c) Deductible
The maximum allowable deductible for all property types is 5% of the face amount of the
insurance policy. When a policy provides for a separate wind-loss deductible (either in the policy
itself or in a separate endorsement), that deductible must be no greater than 5% of the face
amount of the policy.
2. Condominiums and PUDs
(a) Type of Coverage
This insurance policy must provide, at a minimum, fire and all other hazards that are normally
covered by the standard extended coverage endorsement and all other perils customarily
covered for similar types of projects, including those covered by the standard “all risk”
endorsement.
Condominium Requirements - The condominium association must maintain a master or
blanket type of insurance policy, with premiums that are paid as a common expense. The policy
must cover all general and limited common elements normally included, such as fixtures, building
service equipment, and common personal property and supplies belonging to the homeowners’’
association. The policy also must cover fixtures, and other personal property inside individual
units (e.g., stoves and refrigerators), whether or not the property is part of the common elements.
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If the master policy does not reflect “all-in” insurance or betterments, the HO-6 policy with
coverage, as determined by the insurer is required which is sufficient to repair the condo unit to
its condition prior to a loss claim event.
In addition, the hazard insurance policy should include the following provisions:
Any Insurance Trust Agreement must be recognized
The right to subrogation against unit owners must be waived
The insurance must not be prejudiced by any acts or omissions of individual unit owners that are
not under the control of the homeowners’ association
The policy must be primary, even if a unit owners has other insurance that covers the same loss
A Special Condominium Endorsement usually covers these four requirements.
PUD Requirements The homeowners’ association must maintain a property insurance
policy, with premiums being paid as a common expense. The policy must cover all of the
common elements except for those that are normally excluded from coverage, such as land,
foundation, excavations, etc. Fixtures and building service equipment that are considered part of
the common elements, as well as common personal property and supplies, should be covered.
Individual insurance policies are also required for each unit in the PUD project. If the project’s
legal documents allow for blanket insurance policies to cover both the individual units and the
common elements, a blanket policy is acceptable in lieu of the insurance for the unit.
Impermissible Policies The following are not permitted:
A self-insurance arrangement whereby the homeowners’ association is self-insured or has
banded together with other unaffiliated associations to self-insure all of the general and
limited common elements of the various associations
Blanket Insurance Policies Covering Multiple Unaffiliated PUDs or Condo
Projects Mortgages secured by units in a PUD or a Condominium Unit in a Condominium
Project with a master or blanket insurance policy that combines insurance coverage for multiple
unaffiliated PUDs or Condominium Projects are permissible in accordance with Fannie Mae and
Freddie Mac requirements. Each covered PUD or Condominium Project must have a dedicated
policy limit and a specific dedicated deductible that does not exceed the requirements below. The
policy must clearly state that each association is a named insured. The policy limit must cover the
full replacement cost required for the common areas, and to the extent required, the units.
(b) Coverage
Insurance must cover 100% of the insurable replacement cost of the project improvements
including the individual unit in a condominium project. Coverage does not need to include land,
foundations, excavations or other items that are usually excluded from insurance coverage. An
insurance policy that includes either of the following endorsements ensures full insurable value
replacement coverage:
A Guaranteed Replacement Cost Endorsement (under which the insurer agrees to replace the
insurable property regardless of the cost) and, if the policy includes a coinsurance clause, an
Agreed Amount Endorsement (which waives the requirement for coinsurance); or
A Replacement Cost Endorsement (under which the insurer agrees to pay up to 100% of the
property’s insurable replacement cost, but no more) and, if the policy includes a coinsurance
clause, an Agreed Amount Endorsement (which waives the requirement for coinsurance).
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(c) Deductible
For policies covering the common elements in a PUD project and for blanket policies covering
condominium projects, the maximum deductible amount must be no greater than 5% of the face
amount of the policy.
For losses related to individual PUD units that are covered by the blanket policy for the project,
the maximum deductible amount related to the individual unit should be not greater than 5% of
the replacement cost of the unit. If however, the policy provides for a wind-loss deductible (either
in the policy itself or in a separate endorsement), that deductible must be no greater than 5% of
the face amount of the policy.
For blanket insurance policies that cover both the individual units and the common elements, the
maximum deductible amount related to the individual unit should be no greater than 5% of the
replacement cost of the unit.
(d) Special Endorsements
The following special endorsements are required:
An Inflation Guard Endorsement, when it can be obtained
Building Ordinance or Law Endorsement, if the enforcement of any building, zoning, or land-use
will result in loss or damage, increased cost of repairs or reconstruction, or additional demolition
and removal costs. (The endorsement must provide for contingent liability from the operation of
building law, demolition costs and increased costs of reconstruction).
A Steam Boiler and Machinery Coverage Endorsement, if the project has central heating or
cooling. This coverage should provide for the insurer’s minimum liability per accident to at least
equal the lesser of $2 million or the insurable value any buildings housing the boiler or machinery
(e) Name of Insured
The policy must show the homeowners’ association as the named insured. The named insured
should be substantially similar to the following:
“Association of Owners of the [name of condominium or PUD] for use and benefit of the
individual owners” [designated by name, if required].
A402 Mortgage Insurance
If primary mortgage insurance is required by the Loan Program, as stated in our Product Matrices. Seller
must obtain a mortgage insurance commitment certificate from an approved mortgage insurer that is
acceptable to Lakeview. The primary mortgage insurance coverage must transfer to Seller and its
successors and assigns and must protect the interest of Lakeview. Mortgage insurance coverage must
not be subject to exclusions beyond those stated in the mortgage insurer’s master policy.
An Escrow/Impound account must be established at closing for monthly payment of future premiums,
unless a single premium was paid in full at closing or unless Seller obtained lender-paid mortgage
insurance.
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A. Mortgage Insurance Premiums
Lakeview accepts mortgage insurance premiums scheduled to be paid on a monthly or annual basis.
B. Single Premium Mortgage Insurance
Lakeview accepts mortgage insurance premiums paid as a single premium. When financing the cost
of the premium in the Loan amount, the entire Loan amount (inclusive of premium) is used to
calculate the LTV ratio. The LTV cannot exceed the maximum LTV allowed for the Loan Program.
C. Mortgage Insurance Coverage Requirements
When required, mortgage insurance must be obtained from the companies listed in the Pre-Fund
Diligence chapter, Mortgage Insurance section.
D. Mortgage Insurance Requirements for Loans Originated in New York Delegated
Only
The value used in determining the Loan-to-Value ratio is generally the lower of the sale price or the
current appraised value of the property securing the Loan. Under New York law, Approved Contract
Underwriters may not issue mortgage insurance if the mortgage amount is less than 80% of the “fair
market value” of the real estate. “Fair market value” is not defined (see below). In addition, on a first
mortgage loan, a borrower may not be required to pay mortgage insurance premiums once the
unpaid Loan balance is 75% or less of the “appraised value” of the real property at the time the Loan
was made.
On an exception basis, Lakeview will purchase New York Loans with mortgage insurance issued in
accordance with New York law. A lender may base its determination of when to require mortgage
insurance for a mortgage secured by a property located in New York solely on the “appraised value”
of the propertynot the lower of the sale price or current appraised value. Lakeview will continue to
use our standard definition of value to calculate the Loan-to-Value ratio used in determining whether
the mortgage satisfies our eligibility criteria based on the Loan to- Value ratio of the mortgage.
E. Cancellation: Original Borrower
The Mortgage Insurance must be canceled if either it is required by law or all of the following
conditions are met and the borrower requests:
1. Two years has elapsed since the origination of the Mortgage.
2. The unpaid principal balance of the Loan has been reduced to the LTV (CLTV in the case of a Junior
Lien) where Mortgage Insurance is not required under the Loan Programs, at the time the Loan was
purchased by Lakeview, where value is:
o Based upon the original appraised value of the property, and the Servicer represents that the
current value of the Mortgaged Premises is at least equal to the original appraised value or
o Based upon a current appraised value (ordered by the Servicer from their approved appraiser
list and paid for by the borrower). The applicable appraisal form must be used and it must
have been performed within 120 days of the request for cancellation of the mortgage
insurance. Under certain circumstances (based upon the structure of the pool a Loan may be
in) it may not be possible to cancel mortgage insurance on an individual Loan where a new
appraisal is used as the basis of determining the current LTV.
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3. The borrower’s monthly installment of principal, interest, and Escrow/Impound was never more than
30 days past due for the 12 months immediately preceding the date insurance cancellation is
requested and no payment 60 days or more past due in the past 24 months.
4. There was no other default under the terms of the Loan at any time during the same 12-month period.
F. Cancellation: Transfer of Ownership
If the transferee so requests and all of the conditions below are met, mortgage insurance may be
canceled following an authorized transfer of ownership of the Mortgaged Premises.
1. The unpaid principal balance of the Loan has been reduced to the Loan-to-Value ratio required
within our Product Matrices, at the time the Loan was purchased by Lakeview, where value is:
o The lesser of the Purchase Price at transfer or the appraised value at transfer as
estimated by a Seller-Approved appraiser OR
o If the Mortgaged Premises were not reappraised at the time of transfer or the value has
declined, the lesser of the Purchase Price at transfer or the value of the Mortgaged
Premises as estimated by a Seller-Approved appraiser, using the applicable appraisal
form, within 60 days of the request for cancellation of insurance
2. The transferee’s monthly installment of principal, interest, and Escrow/Impound was never more
than 30 days past due for the 12 months preceding the date insurance cancellation is requested.
This satisfactory payment record requirement is not applicable if insurance cancellation is
requested at the time of transfer. A shorter period of satisfactory payments is acceptable if it is
shorter than the period between the transfer date and the date insurance cancellation is
requested.
3. There was no other default under the terms of the Loan at any time during the applicable period
stated in clause (b) above, provided this requirement is not applicable if insurance cancellation is
requested at the time of transfer.
G. Cancellation: Appraisal Fee
Any applicable appraisal fee incurred to determine the appropriateness of mortgage insurance
coverage cancellation may be charged to the borrower.
H. Cancellation: Adjustment and Notice
Upon cancellation of mortgage insurance:
The collection of related premiums must be discontinued
Necessary adjustments to the borrower’s Escrow/Impound account and the Escrow/Impounds
portion of the monthly installment amount must be made
The borrower must be advised, in writing, of all such adjustments
I. Cancellation: Disclosure of Terms and Conditions
Seller must disclose to the borrower, in writing, the terms, and conditions that must be met prior to the
primary mortgage insurance being eligible for cancellation. A copy of this disclosure must be retained
in the loan file as a permanent record in order to ensure adherence to the mortgage insurance
requirements in effect at the time the loan was purchased by Lakeview.
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A403 Earthquake Insurance
Lakeview does not require earthquake insurance as a condition for purchase; however, if coverage is in
place, the following applies:
Seller must ensure that the earthquake insurance policy contains a standard mortgagee clause identifying
the first or second mortgage interest, and for second mortgage Loans, it does not replace the mortgagee
clause pertaining to the first mortgage Loan.
A404 Lava Zone Insurance
Lakeview accepts Mortgaged Properties located in lava zones in accordance with investor guidelines.
Acceptable standard hazard insurance and/or lava insurance coverage is required.
A405 Mine Subsidence Insurance (Pennsylvania only)
Mine subsidence insurance is required for Pennsylvania Loans if Lakeview Loan Servicing has notice that
the property is undermined (tunnels). If notification has been received or if it has been determined that the
property is undermined, Mine Subsidence Insurance is required.
Homeowner insurance companies sell Mine Subsidence Insurance to homeowners and also have
special access to the Pennsylvania Department of Environmental Resources website to
determine if properties require mine subsidence insurance. Due to the unique nature of this type
of transaction, all homeowner insurance companies may not have the special access for
completing the determination process.
The Pennsylvania Department of Environmental Resources website at www.pamsi.org does allow
individuals to key in their address to determine if their property requires Mine Subsidence
Insurance, but the turnaround time can range from two days to three weeks depending on the
research required.
A. Property Undermining Determination
To determine if the property is undermined, such information may be included in one of the following
documents:
Purchase Contract
Appraisal
Title Commitment
B. Coverage
Mine Subsidence Insurance must equal 80% of the value of the structure or the maximum insurance
available from the Pennsylvania Department of Environmental Protection. The maximum insurance
available is $250,000.
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C. Evidence of Insurance
Evidence of Mine Subsidence Insurance may be any the following:
An original Hazard Insurance Policy that includes Mine Subsidence Insurance
If the Loan is a refinance, the original or a photocopy of an existing Mine Subsidence Insurance
Policy from the Pennsylvania Department of Environmental Protection and an Assignment of
Interest Endorsement form
If the property is located in the Anthracite (hard coal) Region, an Assignment of Interest
Endorsement form and a town map which has been marked with an X to show the location of the
property
If the property is located in the Bituminous (soft coal) Region, an Assignment
A406 Flood Insurance
A. General Flood Insurance Requirements
1. Standard Flood Hazard Determination
Each Mortgage Loan Application submitted to Lakeview must include the FEMA Standard Flood
Hazard Determination (FEMA Form 81-93) used in determining whether any of the improvements for
a Mortgaged Property are located within an identified Special Flood Hazard Area. SFHAs are shaded
on a flood hazard boundary map and designated on a flood insurance rate map. All flood zones
beginning with the letter "A" or "V" are considered SFHAs.
Seller must ensure that there is no discrepancy between the flood hazard designation on the SFHDF
and the flood insurance policy if the flood insurance policy shows a lower risk zone than the SFHDF,
unless the discrepancy results from the application of the “Grandfather Rule” of the National Flood
Insurance Program (“NFIP”). For information on the “Grandfather Rule” see Question #71 in the
Q&A’s issued by the federal banking regulators available at
http://www.federalreserve.gov/newsevents/press/bcreg/bcreg20090721a1.pdf.
2. Federally Available Flood Insurance
Flood insurance is generally required if any building, dwelling, structure, or improvement is located
within an SFHA that has mandated flood insurance purchase requirements under the NFIP. Except
as provided in Section 12, if flood insurance is not available because a community does not
participate in the NFIP, Lakeview will not purchase Loans secured by properties located in those
areas.
3. Location of Property Within the SFHA
a. Principal Structure Located Within an SFHA
Flood insurance is required if any part of the principal structure is located within an SFHA. Flood
insurance on detached buildings, such as stand-along garages, sheds, or greenhouses, located
within an SFHA is required if they serve as part of the security for the Mortgage Loan.
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b. Principal Structure Not Located Within an SFHA
If the principal structure is not located in an SFHA, but a residential detached structure attached
to the land that serves as part of the security for the mortgage loan is located within the SFHA,
then flood insurance is required for the residential detached structure.
If the principal structure is not located in an SFHA, but a non-residential detached structure
attached to the land that serves as part of the security for the mortgage loan is located within the
SFHA, then flood insurance is not required on either structure.
If the principal structure is not located in an SFHA, but a detached structure attached to the land
that does not serve as part of the security for the mortgage loan is located within the SFHA, then
flood insurance is not required on either structure.
c. Waivers
Lakeview will waive flood insurance requirements if the Borrower obtains a letter from FEMA
stating that its maps have been amended so that the buildings securing the Mortgage Loan are
no longer in an SFHA.
4. Notice of Special Flood Hazards and Availability of Federal Disaster Relief
Assistance
If any part of the principal structure is located within an SFHA, the Mortgage Loan File must include
the Notice of Special Flood Hazards and Availability of Federal Disaster Relief Assistance that was
provided to a Borrower in accordance with the Flood Disaster Protection Act. The Mortgage Loan File
must contain evidence that the Borrower received the Notice of Special Flood Hazards no later than
10 days prior to closing unless the Mortgage Loan File documents why it was not feasible to meet
that time frame. The Notice of Special Flood Hazards may not be provided the same day as closing.
Lakeview recommends that the Borrower receive the following additional information, or substantially
similar information, either on the Notice of Special Flood Hazards or on a separate notice
acknowledged by the Borrower.
“If you obtain the minimum amount of flood insurance coverage identified in your Notice of
Special Flood Hazards, you may not have sufficient coverage to rebuild or restore your home in
the event of a catastrophic flood. You may be required to use your own cash reserves to make
necessary repairs if the insurance is insufficient to fully repair your home. Servicers also have the
right to require flood insurance coverage equal to the maximum amount available under the NFIP,
which is more than you are required to obtain at the closing of your loan.
You should carefully review your potential exposure to flood damage with your insurance provider
and consider purchasing coverage equal to the maximum amount available under the National
Flood Insurance Program (NFIP), which is the lesser of:
1. The maximum limit available for the type of structure; or
2. The “insurable value” of the structure (the replacement cost value).”
5. Acceptable Policies
The flood insurance policy must be one of the following:
•a standard policy issued under the NFIP; or
•a policy issued by a private insurer as long as
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o the terms and amount of coverage are at least equal to that provided under an NFIP
policy based on a review of the full policy issued by a private insurer, and
o the insurer meets Lakeview's rating requirements as specified earlier.
6. Mortgagee Clause
The mortgagee clause on all mortgage policies, binders, and certificates of insurance must show the
mortgagee using the following language:
Lakeview Loan Servicing, LLC c/o LoanCare, LLC
ISAOA/ATIMA
PO Box 202049
Florence, SC 29502-2049
The mortgagee clause must provide that the insurer will notify the named mortgagee at least 10 days
before cancellation of the policy
7. Policy Term
The policy must be written for at least a one year term.
8. Policy Effective Date
The policy effective date must be on or before the date the Borrower’s Mortgage Loan is funded.
9. Evidence of Insurance
At closing, the Borrower must provide evidence that the Mortgaged Property is covered by flood
insurance in one of the following forms:
Flood insurance policy;
Declarations page; or
Copy of the flood insurance application with a paid receipt for the first year’s premium
Acord evidence of coverage, Acord Certificate of insurance, temporary declaration page or insurance
binder are not acceptable as evidence of flood insurance.
10. Escrow Policy
If a Mortgage Loan requires flood insurance, flood insurance must be escrowed.
11. Flood Insurance Coverage
a. 1-4 Unit Properties, individual PUD units, Detached Condominium units,
Townhouses, and Rowhouses
1. Coverage Amount
Follow the applicable agency guidelines with respect to flood insurance coverage requirements.
As a clarification, LLS defines replacement cost value as 100% of the insurable value of the
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improvements (also known as 100% replacement cost, or RCV) as determined by the hazard
insurance provider or the flood insurance provider, whichever is greater.
2. Deductible
The maximum allowable deductible is the maximum deductible available from the NFIP (currently
$10,000).
b. PUDS
1. Coverage Amount for Individual PUD Unit
A PUD unit requires its own separate flood insurance policy unless the Home Owner’s
Association (HOA) has worked with FEMA to be covered by a Residential Condominium Building
Association Policy (RCBAP) in the HOA’s name.
2. Deductible
Individual unit - The maximum deductible available from the NFIP (currently $10,000)
PUD Project - The maximum deductible available from the NFIP (currently $25,000)
c. Condominiums
1. Homeowners’ Association
The Condominium homeowners’ owners must obtain an NFIP Residential Condominium
Building Association Policy (RCBAP) with the following coverage:
Building/ Contents Coverage
Follow the applicable agency guidelines with respect to flood insurance coverage requirements.
As a clarification, LLS defines replacement cost value as 100% of the insurable value of the
improvements (also known as 100% replacement cost, or RCV) as determined by the hazard
insurance provider or the flood insurance provider, whichever is greater.
2. Unit Owners Coverage
An individual (borrower maintained) flood insurance policy is allowed for loans secured by
two-to four-unit, horizontal condominiums, when allowed by the HOA documents.
3. Deductible
Individual unit (if required) - The maximum deductible available from the NFIP
(currently $10,000)
Condominium Project - The maximum deductible available from the NFIP (currently
$25,000)
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12. Properties Located in the Coastal Barrier Resources System or in an Otherwise
Protected Area
Federal flood insurance may not be available for Mortgage Loans in the Coastal Barrier
Resources System (“CBRS”) or Otherwise Protected Area (“OPA”), as defined by the Coastal
Barrier Resources Act. Private flood insurance is acceptable for these Mortgage Loans. Coverage
amounts and deductible must meet the requirements in this chapter. The carrier must meet the
minimum rating requirements for insurance underwriters specified in the Hazard Insurance
chapter.
A407 Liability Insurance for PUDs and Condominiums
A. Minimum Property Insurance Types and Amounts
The insurance policy must contain a “severability of interest” endorsement, precluding the insurer
from denying the claim of a condominium unit owner because of negligent acts of the homeowners
association or other unit owners. If the policy does not include “severability of interest’ in its terms,
TPO Operations requires a specific endorsement to prevent the insurer from rejecting a unit owner’s
claim because of negligent acts of the homeowners’ association or of other unit owners.
1. Type of Coverage
The homeowners association must maintain a commercial general liability insurance policy for the
entire project, including all common areas and elements, public ways, and any other areas that
are under its supervision. The insurance must also cover commercial spaces that are owned by
the homeowners’ association, even if they are leased to others. The commercial general liability
insurance policy must provide coverage for bodily injury and property damage that result from the
operation, maintenance, or use of the project’s common areas and elements.
The association must also maintain any additional coverage commonly required by private
institutional mortgage investors for projects similar in construction, location, and use.
2. Coverage Amount
Liability coverage must be for at least $1 million per occurrence for personal injury and/or
property damage and the coverage must provide for claim settlements on an occurrence basis.
3. Special Endorsements
The insurance policy must contain a “severability of interest” endorsement, precluding the insurer
from denying the claim of a condominium unit owner because of negligent acts of the
homeowners’ association or other unit owners. If the policy does not include “severability of
interest’ in its terms, TPO Operations requires a specific endorsement to prevent the insurer from
rejecting a unit owner’s claim because of negligent acts of the homeowners’ association or of
other unit owners.
B. Cancellation/Modification Requirements
The policy must provide for at least ten days’ written notice to the homeowners’ association before
the insurer can cancel or substantially modify it. For condominium projects, similar notice also must
be given to each holder of a first mortgage or share loan on an individual unit in the project.
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A408 Fidelity or Employee Dishonesty Insurance for Condominiums
A. Projects Requiring Fidelity Insurance
Fidelity insurance is required for condominium projects consisting of more than 20 units.
B. Minimum Property Insurance Types and Amounts
1. Type of Coverage
The homeowners’ association must maintain a blanket fidelity or employee dishonesty insurance
policy covering losses resulting from dishonest or fraudulent acts committed by the association’s
directors, managers, trustees, employees or volunteers responsible for handling funds belong to
or administered by the homeowners’ association. The policy must provide coverage for anyone
who either handles or is responsible for funds that the homeowners’ association holds or
administers, whether or not that individual receives compensation for services. A management
agent that handles funds for the homeowners’ association should be covered by its own fidelity
insurance policy, which must provide the same coverage required of the homeowners’
association. If a condominium project is located in a state that requires the homeowners’
association to maintain fidelity or employee dishonesty insurance on terms different from TPO
Operations’, TPO Operations will accept those requirements in place of its own.
2. Coverage Amount
Coverage must equal the maximum amount of funds held by the homeowners association at any
one time while the policy is in force. A lower coverage limit is acceptable if the project’s legal
documents require the homeowners association and any management firm to adhere to certain
financial controls. However, in such case, the coverage limit must at least equal the sum of three
months of assessments on all units in the condominium project. The financial controls must
include at least one of the following:
o The condominium homeowners’ association or its management firm maintains separate
accounts for the operating budget and the reserve fund. The depository institution in
which funds are deposited sends copies of the monthly account statements directly to the
association.
o Separate records and accounts are maintained for each condominium homeowners
association or other community association using the management firm’s services. The
management firm does not have the authority to draw checks on or to transfer funds from
the reserve fund of the condominium owners association.
o Two or more members of the board of directors must sign any checks drawn on the
reserve account.
C. Name of Insured
The fidelity bond or insurance policy must name the homeowners’ association as the insured, and
premiums must be paid as a common expense by the association.
D. Cancellation/Modification Requirements
The policy must provide that the insurer will notify the homeowners’ association at least 10 days
before cancellation or substantial modification of the policy.
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A409 Rent Loss Insurance
A. Properties Requiring Rent Loss Insurance
Rent loss insurance is required on the following properties:
Loans secured by 2- to 4-unit owner-occupied properties, when rental income from the subject
property is used to qualify the borrower; or
Non-owner occupied investment properties when rental income from the subject property is used
to qualify the borrower.
B. Minimum Property Insurance Types and Amounts
1. Type of Coverage
Generally, rent loss insurance pays the insured homeowner (“policyholder”):
o For rental income lost due to the insured property being rendered un-rentable by direct
physical loss caused a peril such as fire, lightning, windstorm, hail, etc. on which hazard
insurance is required and the property was covered by such insurance; and
o Only for such time needed to repair or replace the property or 12 months, whichever is
shorter. Some policies may not have a time limit, but may provide coverage for “the shortest
time required to repair or replace the property” combined with a standard monetary limit of 10
to 30 percent of the insurance maintained for direct physical loss to the “dwelling” on the
insured property.
The insurance policy may have many different names, including “homeowners' policy,” “rental
dwelling policy,” “apartment policy,” “landlord protector policy,” or “special form,” depending upon
the company offering the policy and/or the jurisdiction in which the policy is offered. The rent loss
insurance may be designated as “fair rental value” or “fair rental income” under the general
heading of “loss of use” or “loss of rents.”
2. Amount of Coverage
The rent loss insurance coverage must be equal to at least six months of gross monthly rent.
Generally, there is no additional charge to the policyholder for rent loss insurance that is provided
as standard coverage under a property insurance policy. If the standard monetary limit for rent
loss insurance applicable to the Mortgaged Premises is less than six months of gross rent, the
borrower must pay to have the monetary limit for rent loss insurance increased to equal at least
six months of gross rent for the Mortgaged Premises.
A410 Title Insurance
Loans purchased by Lakeview must be covered by a mortgagee title insurance policy or other approved
form of title evidence, which has been paid in full, is valid and binding, and remains in full force and effect.
An Attorney’s Title Opinion Letter in lieu of a title insurance policy is not permitted. Title Insurance must
comply with the following requirements:
The amount of coverage must be equal to the face value of the mortgage. Loans with either
scheduled negative amortization, or the potential for it, require coverage that equals the original
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mortgage amount of the Loan plus the maximum amount of potential negative amortization (as
stated in the Note and/or Rider). If an equivalent endorsement is obtained, it must provide
protection in an amount sufficient to cover the mortgage amount, plus the maximum amount of
negative amortization that is permitted in the Note and/or Rider.
All title Commitments and/or policies must be issued by an approved American Land Title
Association (ALTA) insurance company. Prior to any Loan disbursement, a marked-up title binder
for an ALTA title policy, indicating Lakeview’s proposed lien position is required. If proof of
satisfaction/release is a condition for eliminating any liens on the title, copies of these documents
must be retained with the title work.
All judgments and liens must be paid off, subordinated, or insured over.
Real estate taxes must reflect, “Not yet due and payable.” On condominiums and Planned Unit
Development (PUD), taxes can only be assessable against the subject unit and its undivided
interest in the common areas and not the project as a whole.
In purchase transactions, the home-seller must be the owner of record.
A. Title Insurer
The title insurance policy must be issued by a title insurer who is acceptable to Fannie Mae or
Freddie Mac, and who is qualified to do business in the state where the Mortgaged Premises is
located.
B. Form
The title insurance policy must be written on the current standard form required by ALTA or other
form currently acceptable to Fannie Mae or Freddie Mac.
A master title insurance policy, evidenced by a certificate issued under a master policy in lieu of a
separate policy for the Loan, is also acceptable by providing a master title insurance policy; Seller
represents and warrants the following:
1. Seller has examined the title insurer’s master policy documents and, based on this review and
certifications from the title insurer, Seller has confirmed that the master policy provides at least
the amount and scope of coverage given by the ALTA standard policy and that the master policy
otherwise meets the requirements of this Title Insurance section.
2. Seller has obtained from the title insurer a fully executed master title insurance policy issued in
Seller’s name.
3. Master policy and certificates of title have been approved by the applicable state or (comparable)
regulatory authorities and that the use of the master policy and certificates of title insurance will
be valid in each jurisdiction concerned.
4. Seller will cause the title insurer to replace the title insurance certificate with a full individual ALTA
policy within ten days’ notice from Lakeview.
Lakeview may refuse to accept the master title insurance policy of any title insurer.
For a Loan secured by Mortgaged Premises located in the State of Iowa, only an Iowa Title
Guaranty issued by the Iowa Finance Authority is acceptable.
C. Beneficiary
The protection and benefits from the title insurance policy must insure the lender and the mortgagee
of the Loan, including all successors and assigns. Where MERS is the original mortgagee, the title
insurance policy must insure the lender, including all successors and assigns, and additionally name
MERS as an insured.
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D. Effective Date
The effective date of the title insurance coverage written on forms that do not provide the gap
coverage included in the 2006 ALTA policies must be no earlier than the later of the date of the final
disbursement of loan proceeds or the date on which the Security Instrument was recorded.
E. Lien Requirements
The title insurance policy must insure that the Security Instrument creates a valid first or second lien
on the Mortgaged Premises.
The policy must list any lien for Secondary Financing and state that the lien is subordinate to the lien
of the Security Instrument.
F. Acceptable Minimum Coverage
The acceptable minimum title insurance coverage must at least equal the current principal balance of
the Loan. Loans with negative amortization must have title insurance coverage equal to the highest
obtainable balance of the Loan.
G. Exceptions
The title insurance policy must not be subject to any exceptions, other than those permitted under the
Title Exceptions and Title Exception Warranties sections.
H. Required Endorsements
Each title insurance policy must contain the following endorsements or provide equivalent affirmative
coverage, if applicable to the Loan:
ALTA Endorsement form 8.1-06: Environmental Protection Lien Endorsement or equivalent state
form provides the required coverage
ALTA Endorsement form 4-06 or 4.1-06: Condominium Endorsement is required for all Loans
secured by a condominium unit.
ALTA Endorsement form 5-06 or 5.1-06: PUD Endorsement is required for all Loans secured by a
PUD unit.
ALTA Endorsement form 6-06: Variable Rate Mortgage Endorsement is required for all ARM
Loans.
Form T-42: Equity Loan Mortgage Endorsement including the optional coverage provided by
Paragraph 2(f) and a Supplemental Coverage Equity Loan Mortgage Endorsement (Form T-42.1)
for all Texas Section 50(a)(6) loans
CLTA Endorsement form 100 and form 116: Comprehensive Endorsement and a Location
Endorsement are required for all Loans in areas where surveys are not customary.
CLTA Endorsement form 110.5: Modification of Mortgage Endorsement (bring-down
endorsement) is required for all converted ARM Loans and all Loans that have had the terms of
the Security Instrument modified.
I. Title Exceptions and Impediments
1. Title Exceptions
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The title to the Mortgaged Premises must be good, marketable, and free and clear of all
encumbrances and prior liens. Lakeview will not purchase a Loan secured by property that has
an unacceptable title impediment, including unpaid real estate taxes and survey exceptions.
2. Minor Impediments to Title
Title for a property is acceptable even though it may be subject to the following conditions, which
Lakeview considers minor impediments:
Customary public utility subsurface easements, the location of which are fixed and can be
verified, providing that the exercise of rights of easement will not interfere with the use and
enjoyment of any present improvements on the
Mortgaged Premises or proposed improvements upon which the appraisal or Loan is based.
Above-Surface public utility easements that extend along one or more property lines for
distribution purposes or along the rear property line for drainage, as long as they do not extend
more than 12 feet from the property lines and do not interfere with any of the buildings or
improvements or with the use of the Mortgaged Premises itself.
Any encroachment on an easement for public utilities by a garage or any other improvement,
except those improvements that are attached to, or are a portion of the main dwelling structure,
provided this encroachment does not interfere with the use of the easement or exercise of rights
or repair and maintenance.
Cost, minimum dwelling size, use, building materials or setback restrictions as long as its violation
will not result in the forfeiture or reversion of the title or lien of any kind for damages, or have an
adverse effect on the fair market value of the Mortgaged Premises.
Mutual easement agreements that establish joint driveways or Party Walls constructed on the
Mortgaged Premises and on an adjoining property, as long as all future owners have unlimited
and unrestricted use of them.
Encroachments of one foot or less on adjoining property by eaves or other overhanging
projections or by driveways, as long as there is at least a ten foot clearance between the
buildings on the Mortgaged Premises and the property affected by the encroachments.
Encroachments on the Mortgaged Premises by improvements on adjoining property where these
encroachments:
o extend one foot or less over the property line of the Mortgaged Premises and
o have a total area of 50 square feet or less and
o do not touch any buildings and
o do not interfere with the use of any improvements on the Mortgaged Premises or the use of
the Mortgaged
Premises not occupied by improvements
Encroachments on adjoining properties by hedges or removable fences.
Outstanding oil, water, or mineral rights customarily waived by other lenders are acceptable, as
long as they will not result in damage to the Mortgaged Premises or impair its use for residential
purposes.
Liens for real estate or ad valorem taxes and assessments not yet due and payable.
3. Title Defect - Unexpired Redemption Periods
Certain state laws provide a “redemption period” after a foreclosure or tax sale has occurred.
During the redemption period, the property may be reclaimed by the prior mortgagor or other
party upon payment of all amounts owed. The length of the redemption period varies by state and
does not expire automatically upon sale of the property to a new owner.
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Properties with unexpired redemption periods have unacceptable title defects. If a Loan is
secured by a foreclosed property in a state where a redemption period is allowed, Lakeview will
not purchase the Loan or close the Loan in the name of Lakeview if the loan is referred to
Lakeview for underwriting and closing in the name of Lakeview until the redemption period has
expired and the foreclosure sale has been confirmed. The purchase of additional insurance, a
redemption bond or similar coverage during the redemption period does not remedy the title
defect and the Loan is ineligible for delivery to Lakeview.
J. Title Exception Warranties
Loans with minor impediments to title (other than those listed in the Title Exceptions section of this
Seller Guide) may be eligible for purchase by Lakeview. Seller warrants to Lakeview, however, that
these impediments do not adversely affect the value, use, enjoyment, or marketability of the
Mortgaged Premises. Seller agrees to indemnify Lakeview if Lakeview incurs a loss that can be
attributed to the impediment(s).
To support the warranty stated above, Lakeview reserves the right, upon request, to receive from
Seller:
1. A statement from the appraiser, explaining the effect of the title exception on value, marketability,
use and enjoyment of the Mortgaged Premises
2. A statement from the Approved Contract Underwriter (if applicable) stating that the condition of
the title will not affect the amount of coverage in the event of a claim
3. Any additional documentation or information Lakeview deems necessary
A411 Survey Requirements
A. Plat of Survey or Improvement Survey
1. Seller must submit a plat of survey or improvement survey with the final Loan Documents it sends
to Lakeview. In areas where surveys are not customary, the title insurance policy must ensure
against loss or damage by any violation, variation, encroachment, or adverse circumstance that
an accurate survey would have disclosed. Note that a survey is not required for condominium
units.
2. The survey must be based on the results of an instrument survey performed, dated and certified
by a licensed civil engineer or registered surveyor. The survey must have been performed, dated,
and certified within one year from the date of issuance of the title insurance policy insuring a
particular Mortgaged Premises. A survey more than one year old will be accepted, provided the
survey has been recertified by a licensed civil engineer or a registered surveyor within the past
year. The survey must be certified to Seller and the company furnishing the title insurance policy.
3. The survey must present the following information:
o The location by courses and distances of the plot covered by the Security Instrument; the
relation of the point of beginning of the plot to the monument from which it is fixed; all
easements adjacent to the plot; any established building line; the street or streets abutting the
plot and the width
o Any encroachments and the extent of any encroachments in terms of feet and inches upon
the plot or any easement appurtenant to the plot
o All structures and improvements on the plot with horizontal lengths on all sides; and the
relation of the structure and improvements by distances to all boundary lines of the plot,
easements, established building lines and street lines
4. If the plot is described as being on a filed map, the survey must contain a legend relating the plot
to the map on which it is shown. The survey must disclose and provide assurance that the
improvements erected lie wholly within the boundaries of the plot and that no part of the
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improvements encroach upon or overhang an easement or right of way or upon the land of other
sections, unless an affirmative title policy endorsement is obtained.
The survey must also provide proof that the improvements are wholly within the established
building restriction lines and that no adjoining structure encroaches upon the plot or upon any
dominant easement appurtenant to the plot.
B. Variations in Length of Property Lines
1. Variations between the property lines’ length as shown on the appraisal and on the survey are
acceptable as long as:
o The variance does not interfere with the current use of any of the improvements on the
Mortgaged Premises
o The variance in the length of the front line is not deficient by more than 2%, and the variance
in length of any other line is not deficient by more than 5%
2. Lakeview may choose to purchase Loans with variations other than those stated above. In these
cases, Seller must warrant that these variations will not adversely affect the value, use,
enjoyment, and marketability of the Mortgaged Premises.
3. The appraiser must provide a statement about any other variations, explaining how they affect the
Mortgaged Premises’ value. If mortgage insurance is required, Seller must obtain a statement
from its carrier, stating that the variance will not affect the insurability of the Mortgage.
Chapter 4B Loan Documents & Notes
This section describes Loan Document and Note requirements that apply to all Lakeview Loan Programs.
Generally, eligibility policies that vary from one Loan Program to another are described in our Product
Matrices.
B400 Note Requirements
A. Note Form
If a Fannie Mae or Freddie Mac Uniform Note is available for the applicable product type, Seller must
use the most recent version Single-Family Fannie Mae or Freddie Mac Uniform Note. Sellers may
reprint the Uniform Notes on their own letterhead, by computer or in any other way Sellers may
choose. On loans eligible for sale to Fannie Mae or Freddie Mac, the tagline that identifies the
instrument as a Uniform Instrument must remain part of the document and be included on each page.
The Multi state Note can be used in most jurisdictions, unless the security property is located in a
jurisdiction for which Fannie Mae and Freddie Mac have published a state-specific Note or has
indicated that the lender must adapt the Note to include required state-specific language. In these
States, Seller must make all changes required by Fannie Mae and Freddie Mac.
If a Fannie Mae or Freddie Mac Uniform Note is not available for the applicable product type, Seller
must use a Note published by Lakeview. If Lakeview has provided only a Multi-state Note, Seller must
modify the Note to reflect any changes required by state law, including all mandatory state law
changes required by Fannie Mae and Freddie Mac.
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B. Late Charge Provision
The Note for a first mortgage must provide for the borrower to pay a 5% (4% for FHA/VA Loans) late
charge on any installment that is not received by the 15th day after it is due. If state law does not
allow a charge that high, the maximum amount allowed by state law must be used. The late charge
must be computed on the principal and interest (P&I) payment only, not on the full monthly payment
(PITI).
If the Note provides for payment of a late fee that is more than 5% or that may be assessed for
payments received earlier than the 15th day after it is due, Seller must notify the borrower in writing
that during the time that Lakeview owns the loan, the borrower will be charged a late fee of 5% on
any installment that is not received by the 15th day after it is due.
C. Payment Dates
The first payment date must be the first of the month. The first payment is due no later than 62 days
after the final disbursement of the loan proceeds to the borrower.
B401 Security Instrument Requirements
A. Security Instrument Form
Seller must use the most recent version Single Family Fannie Mae or Freddie Mac first mortgage
Uniform Security Instruments. The standard Uniform Security Instruments are not used for Texas
Section 50(a)(6) mortgages, Fannie Mae and Freddie Mac have developed special uniform Security
Instruments for these mortgages. Sellers may reprint the Uniform Security Instruments on their own
letterhead, by computer or in any other way Sellers may choose. On loans eligible for sale to Fannie
Mae or Freddie Mac, the tagline that identifies the instrument as a Uniform Instrument must remain
part of the document and be included on each page.
B. Riders to the Security Instrument
All Security Instruments must be amended by state-specific Fannie Mae or Freddie Mac Uniform
riders as required by Fannie Mae and Freddie Mac or the applicable Uniform state specific Rider.
Sellers may reprint the Uniform Riders on their own letterhead, by computer or in any other format
that Sellers may choose. On loans eligible for sale to Fannie Mae or Freddie Mac, the tagline that
identifies the instrument as a Uniform Instrument must remain part of the document and be included
on each page. See Prefund Diligence chapter, Security Instrument Riders section for information
regarding required riders and form numbers.
C. Signatures on Security Instruments
See Prefund Diligence chapter, Security Instrument section, for information regarding signatures on
the security instrument and riders.
D. Master Form and Short Form Security Instruments
Lakeview will accept first mortgage loans with a master form mortgage or deed of trust (“Master
Form”) and short form mortgage or deed of trust (“Short Form”) in the following states:
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Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Idaho, Kentucky, Maine,
Maryland, Nebraska, Nevada, New York, North Carolina, North Dakota, Ohio, Oklahoma, Oregon,
Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Washington, Wisconsin, and Wyoming
The Fannie Mae/Freddie Mac Uniform Master Form and Short Form documents may be used in lieu
of the current version of the Fannie Mae/ Freddie Mac Uniform first mortgage security instruments.
Under applicable state law, lenders may record a Master Form in a given recording jurisdiction, and
then may subsequently record a Short Form for any mortgage loan originated in that jurisdiction.
The Master Form consists of a title page, which contains the state specific requirements for a master
security instrument, and the current long form uniform security instrument for that state. The Short
Form contains the loan specific information, such as closing date, borrower name, lender name, loan
amount, maturity date, and description of property and identifies the provisions of the Master Form
that are being incorporated into the Short Form. Any applicable riders to the security instrument must
be attached to the Short Form. The lender must provide the borrower with a copy of the recorded
Master Form as well as the signed Short Form and any applicable riders.
The short form must reference the master form that has been previously recorded and will state the
following:
That the master form instrument was recorded in the county in which the subject mortgage is
offered for recording.
The date when the master form instrument was recorded.
The book and page where the master form instrument was recorded.
That a copy of the master form instrument was provided to the borrower executing the security
instrument.
B402 Disclosures
Seller must ensure that any description of the lender’s program, and all other disclosures and material,
furnished to borrower comply with applicable state and federal laws and regulations.
B403 Changes to Required Documents
When Lakeview requires Seller to use a Fannie Mae or Freddie Mac Uniform Instrument, documents
prepared by Lakeview, or document prepared by a particular document provider, Seller may not change
or alter the required Note except when authorized in writing by Lakeview.
B404 Certification and Authorization
Each loan file submitted for purchase must contain a Certification and Authorization form signed by the
borrowers. Seller may develop its own Certification and Authorization form, which must comply with all
applicable law and include the following information.
1. Authorization for the Lender and its successors and assigns to do the following:
o Order one or more credit reports
o Re-verify all information including, but not limited to, income, assets, employment, and
outstanding obligations after closing as part of a post-closing audit
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o Inspect the property securing the loan for purposes of determining its market value and
ensuring that it otherwise meets the Lender’s property requirements for the type of loan
requested and in connection with any post-closing audit review
2. Authorization for any third party who receives an original or copy of the Certification and
Authorization to provide the Lender, or its agents, successors or assigns, as well as any investor
or mortgage insurance carrier, any and all information and documentation requested. Such
information may include, by way of example, employment history, income, bank, money market,
and similar account balances, credit history, and copies of income tax returns.
3. Certification that all information provided to the Lender is current, accurate, true, and correct, that
the borrowers have not made misrepresentations in the loan application or any other related
document and that they have not omitted any pertinent or material information.
B405 Taxpayer Identification Theft
Taxpayer Identification Theft occurs when a taxpayer’s social security number has been stolen and then
used to file a forged tax return in an attempt to claim a fraudulent refund. This type of theft is most
commonly identified by tax transcripts that conflict with the information reported on the tax return, such as
inconsistent income or the income on the transcript is significantly different than what is reported on the
tax return. The borrower may also provide an IRS victim notification or when an extended fraud alert is
reflected on the credit report.
Once the determination has been made that a borrower is a victim of taxpayer identification theft the
following documentation is required:
Proof identification theft was reported to and received by the IRS (form 14039); and
Copy of the notification from the IRS notifying the taxpayer of possible identity theft;
or
A copy of a police report or proof that the borrower filed a complaint regarding the identity theft
with the Federal Trade Commission.
Also, to validate the income reported on the tax return(s) in question, all of the following documents as
applicable must be obtained:
W-2 or 1099 transcripts that match the applicable income on the borrowers tax return;
1098 Mortgage Interest must match the interest reported on Schedule A or Schedule B of the
borrowers tax return;
1099 Interest/Dividend amount must match the income reported on the tax return for dividend and
interest;
Prior year’s tax return to validate the income is in line with the current year’s income.
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Chapter 5 Pre-Fund Diligence
This chapter contains documentation requirements for the Legal, Servicing Compliance, and Collateral
review completed on loans purchased by Lakeview.
500 Description of Underlying Chapters
Chapter 5A Loan Submission and Credit Analysis for Non-Delegated
Chapter 5B Underwriting
Chapter 5C Legal, Servicing and Compliance Review
Chapter 5D Pre-Purchase Credit and Collateral Review
Chapter 5E Disaster Guidelines
5A Loan Submission and Credit Analysis for Non-Delegated
A500 Non-Delegated Correspondent Operations Team
The Non-Delegated Operations Team may be contacted by calling 85LAKEVIEW (855-253-8439) and
selecting option X.
A501 File Submission
Lakeview Loan Servicing recommends a full Credit File to be submitted. The Non-Delegated Submission
Checklist, available on the Correspondent Portal, lists the required submission documents for all loans.
Details on using the Non-Delegated Portal to upload loan documents are presented in Action A502. If the
file review reveals missing documentation that prevents the file from moving to Underwriting, the Non-
Delegated Correspondent Operations team will notify the Correspondent and place the file in a Loan
Setup Incomplete status.
A502 Image Upload
Image Upload through the Lakeview Correspondent Portal is the method of file submission. A complete
credit package is required for all loan submissions. The Correspondent Loan Submission Checklist,
available in the Forms sections of the Lakeview Correspondent website, lists the required submission
documents for all loans. Use Image Upload to submit all loan documents. After the file is uploaded, it is
moved into the Loan Set Up queue. Once the Loan Set Up criteria is met, the Mortgage Loan Application
will then move into the Underwriting queue.
Conditions of loan approval may fall into three different areas:
Loan Set-Up Conditions
Prior to Final Commitment - Lakeview to Clear conditions
Prior to Funding - Correspondent to Clear conditions
In order to clear a condition(s), the supporting documents must be uploaded through Image Upload.
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A503 Loan Set Up
The Loan Set Up Group is responsible for the initial review of the Credit File. Duties of Loan Set Up
include validating receipt of documents against the Correspondent Loan Submission Checklist.
Submitting a full Credit File when sending the loan in for underwriting will ensure the loan is decisioned
quickly with as few conditions as possible. Files are moved to underwriting upon Loan Set Up's completed
review
5B Underwriting
Credit Philosophy:
Lakeview Loan Servicing is committed to originating high quality loans with a focus on both the
manufacturing and credit quality.
Our focus for credit quality is evaluating transactions to validate the information within the transaction to be
true and accurate as well as making a reasonable, good-faith evaluation of our borrower’s ability to repay.
The likelihood of timely repayment is expected to be commensurate with the quality of the loan program
and the represented value of the subject property is expected to accurately reflect its market value.
Areas of focus in our validating the borrower’s ability to repay the mortgage obligation include, but are not
limited to:
Current or reasonably expected income or assets (other than the value of the property that
secures the loan) that the consumer will rely on to repay the loan
Current employment status
Monthly mortgage payment
Monthly payment on any simultaneous loans secured by the same property
Monthly payments for property taxes and insurance the consumer is required to buy, and certain
other costs related to the property such as homeowners' association fees or ground rent
Debts, alimony, and child-support obligations
Monthly debt-to-income ratio or residual income calculated using the total of all of the mortgage
and non-mortgage obligations listed above, as a ratio of gross monthly income
Credit history
Seller must ensure that each Mortgage Loan is eligible for sale to Purchaser in accordance with the Guide,
including the specific loan program for which Seller registered such Mortgage Loan with Purchaser.
Please see Conforming Product Matrices at www.lakeviewcorrespondent.com for loan program
specifics.
B500 Loan Decision
All loans sent to Lakeview Loan Servicing for initial submission must be decisioned within 30 days of an
acceptance date by Lakeview. The creditor must notify an applicant within 30 days of either an approval,
counteroffer or adverse action decision. Lakeview Loan Servicing’s current process is to provide the decision
to the originator, who in turn is responsible for informing the applicant of the decision. Whether the loan is
floating or locked has no impact on the 30 days within which an underwriting decision must be rendered. If the
loan is locked and a decline decision is rendered, the lock/price will be cancelled. Re-submission of a
declined loan will require additional information as well as a new Lakeview Loan Servicing loan number. The
loan may be subject to worst case pricing.
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B501 Clearance of Conditions
Before a file can be closed and funded by the Correspondent and delivered to Lakeview Loan Servicing for
purchase, it must be in an approved status. All underwriting and correspondent conditions must be satisfied.
Documentation to clear Lakeview underwriting conditions must be submitted through Image Upload as
defined in Section A1202. It is recommended that documentation to clear all conditions be submitted together
as a single package. If the documentation is satisfactory, the conditions will be cleared, if not acceptable, the
file will remain in a Prior-to-Commitment status.
5C Legal, Servicing and Compliance Review
C500 Note
General
An original Note is always required.
Lakeview does not accept lost note affidavits.
An original Note with white out will not be accepted, and the borrower must initial any cross outs
on Note.
Remote Online Notarizations (RON) is not permitted at this time for Borrower signed documents
Closing Date needs match closing date on the Security Instrument
If the late charge is incorrect a new Note is required
Property address must match the title and legal description.
The Note must have a lender name filled in and cannot reference Lakeview
Loan amount, interest rate and principal &interest payment must be correct and match other
documents in file.
First payment on Note must be the first of the month
o If first payment date to Lakeview is 3 or more payments from 1st payment due date on Note a
pay history will be required for review prior to purchase.
Maturity date must match the term of the loan.
Note form must be correct according to the product & state. If the form is incorrect, a new Note is
required.
o Refer to http://www.efanniemae.com or http://www.freddiemac.com as applicable for state
and product specific note forms.
Note must be signed by all qualifying borrowers.
If closed in the name of a trust, signatures must meet all applicable Fannie Mae requirements as
outlined in the selling guide
If loan is a FHA Loan case number is required to be on the Note
On all loans eligible for sale to Fannie Mae or Freddie Mac, the tagline that identifies the
instrument as a Uniform Instrument must remain part of the document and be included on each
page.
o The tagline requirements do not apply to FHA or VA loans.
C501 Corrective Note
When a revised original Note needs to be signed by the borrower, Lakeview will not accept Notes marked
as 'duplicate original', 'corrected copy', 'replacement note' or similar, even if there is an original signature,
or if the words 'duplicate original', 'corrected copy', or 'replacement note' are crossed through with or
without initials.
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C502 Pre-Signing of Mortgage Documents
On purchase and rescindable transactions, the closing loan documents can be signed prior to the
computer generated date on the documents. The computer generated document date remains the same.
The notarization (of the security instrument and other documents that require notarization), however,
must match the date the documents are signed by the borrower.
On rescindable transactions, the 3 day rescission period begins following consummation, delivery of the
notice of right to cancel, or delivery of all material disclosures, whichever occurs last. The rescission
period begins the day the borrowers sign and date the notice of right to cancel.
C503 Allonges/Endorsements to the Note
Must have complete endorsement chain in blank
Seller name on the face of the note must be the exact name of the Seller in the endorsement
language
DBA's - whenever the lender's name on the note does not match the lender's name on the
endorsement exactly Lakeview will accept a Corporate Name Trade Certification to purchase the
loan
Officer's name and title must be typed under signature line of allonge/endorsement
Allonge is an attachment to the note with the endorsement information. It must include the
following loan specific information:
o Loan number
o Borrower(s) name(s)
o Property address
o Note/loan Date
o Note/loan amount
If you sign a Corporate Resolution with Lakeview, Lakeview will have the ability to make any
corrections to endorsements from you the Seller to Lakeview prior to purchase on your behalf.
Example of an endorsement:
Pay to the order of _______________________________ without recourse
_______________________________________ (Seller Name)
By _____________________________________ (Signature of Officer)
Name :___________________________________( Printed Name of Officer)
Title: ____________________________________ (Printed Title of Officer)
C504 Power of Attorney
The Power of Attorney must:
o be specific to the transaction
o be signed and dated by the party granting the power of attorney
o be signed by an appropriate "witness" (if required by state law)
o specifically identify the subject property address
o be in effect on the date of the closing transaction
o be notarized
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o not be an interested party in the transaction unless otherwise permitted in accordance with
applicable investor Seller Guide requirements
A Durable Power of Attorney is acceptable. A durable power of attorney allows a mentally
competent person, called the "Principal", to authorize a second party, called the "Agent or
Attorney in Fact", to act on his or her behalf, even if the Principal later becomes incapacitated.
This particular form becomes effective upon disability or incapacity of the Principal. A durable
power of attorney should always be notarized, especially if the Agent will be dealing with real
property. Notarization allows the Durable Power of Attorney to be recorded as a public record, if
necessary.
Example of acceptable signature Line for all documents:
(Signature Line)_________________________________
(Typed Name) John Doe by his Attorney in Fact Jane Doe
Jane Doe should sign as "John Doe by his Attorney in Fact Jane Doe.
Example of an unacceptable signature Line:
(Signature Line)___________________________________
(Typed Name) John Doe
Signature as Jane Doe POA.
C505 ARM Loans
Forms - Refer to ARM Document Matrix for appropriate Note and ARM Rider form for each product
(see Reference Library)
Interest Change Date - Date the 1st scheduled interest rate change will take place. This date is found
on both the Note and Rider
If incorrect on Note, need new Note executed by borrower
If incorrect on Rider, need new Rider executed by borrower and a Letter of Intent to rerecord
security instrument with corrected rider
Initial Caps, Lifetime Caps, Margin - Refer to ARM Document Matrix for correct Caps and Margin for
each ARM product (see Reference Library)
If Caps and/or Margin are incorrect on Note, a new Note must be executed by the borrower
o If Caps and Margin are incorrect on Rider, a new Rider must be executed by borrower and a
Letter of Intent to record security instrument is required
FHA ARM - refer to Government Document Matrix in the Reference Library for Interest Change dates
and Cut-off dates
o If incorrect, new Note needs to be executed by the borrower
ARM Disclosure - check for appropriate disclosure according to ARM product
o Disclosure must to be provided to the borrower within 72 hours of their initial application
C506 Name Affidavit
A name affidavit will be required only in situations where the borrower did not sign the note or mortgage
exactly as typed or when the borrower is on title differently from the note and mortgage. (e.g., middle
initial is included on note but borrower did not sign with initial on note and/or borrower is in title under
maiden name and is refinancing as a married person).
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C507 Security Instrument
Must be stamped "True and Certified Copy of the Original sent for Recordation". The stamp must be
initialed by the individual stamping the document.
Complete Security Instrument, including all pages and a complete and correct legal description is
required.
Check closing date, loan amount, maturity date and property address against Note
Check county name and legal description against title commitment and appraisal
Lender name must be correct
Mortgagor and mortgagee must be correct
If there is a Deed of Trust, the trustee name and address must be filled in.
If any information on the Security Instrument is incorrect, the errors must be corrected and the
Security Instrument re-recorded. Lakeview will require a copy of the instrument with corrections and
letter of intent to rerecord prior to funding of loan.
Changes on the Security Instrument that affect the terms of the loan (i.e., loan amount and maturity
date) must be initialed by borrower and a letter of intent to rerecord must be received prior to funding
of loan.
If closed in the name of a Trust, borrower must sign individually and as trustee. The complete name
of the trust is required on the signature line.
Correct forms must be used according to the product & state.
If loan is a FHA Loan the case number must be listed on Security Instrument
On all loans eligible for sale to Fannie Mae or Freddie Mac, the tagline that identifies the instrument
as a Uniform Instrument must remain part of the document and be included on each page.
o The tagline requirements do not apply to FHA or VA loans
A MERS Security Instrument must have 18 digit MIN (MERS Identification Number)
o Ensure that the MIN number is printed in the designated location on the security instrument
o If Seller's MER’s Org ID, and/or MIN # is incorrect or missing , Seller may take one of the
following actions to correct:
Execute a mortgagee's affidavit or scrivener’s affidavit to be recorded
In CA only - an assignment from MERS to MERS may be recorded to correct the MIN #
Execute mortgage modification to be recorded
Correct the mortgage and re-record
o For properties in Mississippi, the security instrument must include MERS PO Box address
and physical address:
o PO Box 2026, Flint MI, 48501-2026
o 1901 E Voorhees St, Suite C, Danville, IL 61834
o MERS will not accept a Security Instrument with Lakeview's Org ID and MIN # on the
document
The following person(s) must sign the Security Instrument and any riders to the Security Instrument:
o Each person who has an ownership interest in the security property (an individual "in title”),
even if the person's income is not used in qualifying for the loan.
o The spouse or domestic partner of any person who has an ownership interest in the property,
if his or her signature is necessary under applicable state law to waive any property right he
or she has by virtue of being the owner's spouse or domestic partner.
Short form security instruments for properties that are located in the following states are acceptable:
o Alaska, Arizona, Arkansas, California, Colorado, Connecticut, Florida, Idaho, Kentucky,
Maine, Maryland, Nebraska, Nevada, New York, North Carolina, North Dakota, Ohio,
Oklahoma, Oregon, Pennsylvania, Rhode Island, Tennessee, Texas, Utah, Washington,
Wisconsin and Wyoming
o At closing the borrower signs a short form security instrument that contains the specifics
of the transaction, such as closing date, loan amount, maturity date, property address,
and any applicable riders, but incorporates the details of a master mortgage only by
reference.
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o The short form security instrument must reference the master form that has been
previously recorded:
o It must state that the master form instrument was recorded in the county in which the
subject mortgage is offered for record.
o It must state the date when the master form instrument was recorded.
o It must state the book and page where the master form instrument was recorded.
o And it must state that a copy of the master form instrument was provided to the
person executing the security instrument.
C508 Security Instrument Riders
Check that appropriate riders are attached and signed. If a rider is not signed at closing,
borrower(s) must execute the applicable Riders and Security instrument with Rider attached must
be re-recorded.
o Multistate Planned Unit Development (PUD) Rider (Form 3150)
If appraisal states that the property is a PUD, a signed PUD rider must be attached to the
Security Instrument.
Special rider must be used for Texas Section 50(a)(6) mortgages that are secured by
units in a PUD project.
If PUD rider was signed and property is a Single family, this is acceptable
Required for all conventional loans and VA loans when the Fannie Mae/Freddie Mac form
is used
The project name must be filled in. Check project name against appraisal and
title/complete and correct legal description. If project name is incomplete or incorrect,
need completed or corrected copy along with a letter of intent to rerecord the Security
Instrument.
o Multistate Condominium Rider (Form 3140)
If appraisal states that the property is a Condominium, a signed Condominium rider must
be attached to the Security Instrument.
Special Rider must be used for Texas Section 50(a)(6) mortgages that are secured by
units in a condominium project
If Condominium Rider was signed and property is a single family detached, the condo
rider must be removed from the Security Instrument and the Security Instrument must be
re-recorded.
Required for all conventional loans and VA loans when the Fannie Mae/Freddie Mac form
is used
The project name must be filled in. Check project name against appraisal and
title/complete and correct legal description. If project name is incomplete or incorrect,
need completed or corrected copy along with a letter of intent to re-record the Security
Instrument.
o Applicable Multistate Adjustable Rate Rider (and, if applicable, an addendum to the rider)
There are a number of different versions of this rider, based on the applicable ARM plan
or index.
A special ARM rider is required for Texas Section 50(a)(6) adjustable-rate loans.
o Multistate Second Home Rider (Form 3890)
Required for a loan secured by a second home.
If loan is not a second home, rider must be removed from the Security Instrument and the
Security Instrument must be re-recorded.
o Multistate 1 - 4 Family Rider (Form 3170)
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Required for loan secured by a one- to four-unit investment property or a two- to four-unit
principal residence.
Rider is not required on FHA loans
o VA Assumption Rider
Required on all VA loans if these clauses are not incorporated in the body of the Security
Instrument:
Acceleration clause; Funding Fee clause; Processing Charge clause; and Indemnity
Liability Assumption clause.
o Revocable Trust Rider
Maybe used to amend security instruments for loans with inter vivos (living trust) trust
borrowers.
Fannie Mae has developed a sample rider for mortgages that are made to inter vivos
trust borrowers and are secured by California properties.
o A Rider that includes a cross-default provision
Must be used to amend security instruments for loans secured by leasehold estates so
that a default on the lease is a default on the mortgage. Fannie Mae does not publish a
standard rider that includes this provision.
o MERS Rider (Form 3158)
Required if property is Montana, Oregon, or Washington
On all loans eligible for sale to Fannie Mae or Freddie Mac, the tagline that identifies the
instrument as a Uniform Instrument must remain part of the document and be included on each
page.
o The tagline requirements do not apply to FHA or VA loans
C509 Marital Rights- Non Owner Spouses
If a loan is subject to rescission under the Truth-in-Lending Act, the following person(s) must receive the
Truth-in-Lending/Closing Disclosure and two copies of the Notice of Right to Cancel:
Each person who has an ownership interest in the security property (an individual "in title), even if
the person's income is not used in qualifying for the loan.
The spouse or domestic partner of any person who has an ownership interest in the property, if
his or her signature is necessary under applicable state law to waive any property right he or she
has by virtue of being the owner's spouse or domestic partner. An ownership interest does not
include leaseholds or inchoate rights, such as dower and curtesy. An ownership interest does
include ownership rights under homestead laws and community property laws.
The loan file must contain evidentiary documentation of receipt of the Truth-in-Lending/Closing
Disclosure and two copies of the Notice of Right to Cancel by the required person(s). Evidence of
delivery is not sufficient.
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C510 Modification Agreement
The Mortgage or deed of trust and note will be audited upon receipt to confirm compliance with program
parameters. If an error is identified during the audit, it is the Seller's responsibility to provide corrected
documents. In lieu of correcting the original documents, a Modification agreement may be prepared and
executed by all borrowers and then recorded. The modification agreement must be stamped "True and
Certified Copy of the Original sent for Recordation. The stamp must be initialed by the individual stamping
the document. If a modification agreement is used solely to correct an error on the note, it is not
necessary to record the document.
C511 Intervening Assignments
If intervening Security Instrument is on MERS form or assigned to MERS, then an intervening
assignment is not required
Must be stamped "True and Certified Copy of the Original sent for Recordation". The stamp must
be initialed by the individual stamping the document.
Must be assigned to Seller (follow chain)
If there is an Assignment of Deed of Trust, the trustee must be the same as on the Deed of Trust
The assignment note date must match the closing date on both the Note and the Security
Instrument
Borrower name must match the borrower name on the Security Instrument
Assignment must reference the property address or complete and correct legal description or
Security Instrument recording information
Lender name must match Security Instrument exactly
C512 Assignment MERS
All loans must be assigned to Mortgage Electronic Registration Systems, Inc. For information on MERS
membership, visit their Web site at www.mersinc.org.
General
Required only if loan did not close using MOM Security Instrument (MERS on Mortgage)
If required, must be assigned to "Mortgage Electronic Registration Systems Inc" and include 18
digit MIN # , MERS address and phone number
o MIN # and MERS phone number must be placed on the first page of the assignment
For properties in Mississippi the assignment must include MERS PO Box address and physical
address
o PO Box 2026, Flint, MI 48501-2026
o 1901 E Voorhees St, Suite C, Danville, IL 61834
Must be stamped "True and Certified Copy of the Original sent for Recordation". The stamp must
be initialed by the individual stamping the document.
If Seller's Org ID, and MIN # is incorrect or missing, one of the following corrective actions can be
taken:
o Execute a Mortgagee's Affidavit to be recorded
o In CA only - an Assignment from MERS to MERS may be recorded to correct the MIN#
o Execute Mortgage Modification to be recorded
o Correct the Assignment and re-record
If there is an Assignment of Deed of Trust, the Trustee must be the same as on the Deed of Trust
Assignment Note date must match closing date on Note and Security Instrument
County must be correct
Seller name must match Security Instrument
Notary Section must be complete
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Assignment should be a copy of the original, which is sent for recording
Needs to be signed by Seller representative
C513 NON MERS Member Selling Closed Loans
For NON-MERS Members selling closed loans to Lakeview, the following policies apply:
1. You are not eligible to use MOM docs when you are NON-MERS Member
2. Lakeview will provide a MIN number at the time of registration for all NON-MERS members.
3. You can find the Lakeview MIN number on the:
o registration/lock confirmation
4. The MIN number and MERS phone number must be noted on the first page of the Assignment.
5. To prepare an assignment, assign to "Mortgage Electronic Registration Systems, Inc." and
include the following information:
o MERS address
o MERS phone number 1-888 679-6377
o 18-digit MIN number
6. Lakeview will register the loan with MERS on Seller's behalf.
C514 MERS Members
The following are MERS Members policies:
1. For originations, the originator must register the loan with a MOM security instrument on the
MERS System within seven calendar days of the Note Date (or Funding Date in escrow states).
2. If purchased before registration, the buyer must ensure that the loan is registered on the MERS
System within 14 calendar days of the Note Date (or Funding Date in escrow states).
C515 MERS Org ID and Transfer Information
The following identifies relevant Org ID numbers for MERS Members who complete the registration of
their loans with MERS and how to transfer loans correctly.
o 1st Mortgages Lakeview Loan Servicing - Org ID - 1010298
o Sub Servicer LoanCare - Org ID - 1000723
The correct way to transfer is:
Investor Lakeview Loan Servicing - 1010298
Servicing Lakeview Loan Servicing - 1010298
Sub- Servicer LoanCare - 1000723
The MERS transfer of beneficial rights and transfer of servicing rights must be initialed by the Seller within
7 calendar days of purchase date.
C516 HUD-1 Settlement Statement/Closing Disclosure
A final HUD-1/Closing Disclosure is required for all loans
Must include borrower names, property address and loan amount
HUD-1/Closing Disclosure must be signed unless loan is an escrow state transaction
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o States that may close in escrow are Alaska , Arizona , Arkansas , California , District of
Columbia , Idaho , Illinois , Indiana, Iowa , Kansas , Missouri , Montana , Nevada , New
Jersey , North Carolina , Ohio , Oregon , Pennsylvania , Utah , Virginia, and Washington
o To meet Fannie Mae’s delivery requirement for signatures on a HUD-1/Closing Disclosure in
escrow state transactions, Lakeview will accept an estimated HUD-1/Closing Disclosure
signed by all parties to the transaction or signed addendums to the estimated HUD-1/Closing
Disclosure or signed escrow/closing instructions.
Interest Credit
o Lakeview's Servicing Division must have sufficient time to process the loan before receipt of
the first payment, therefore an interest credit to the borrower can only be made up to the 10th
day of the month.
Interest on HUD-1/Closing Disclosure
o If interest starts the day of closing loan, must be a purchase. If loan is a refinance, occupancy
must be a second home or investment.
o If loan is a refinance and primary residence the Interest Start day must be the 4th day after
the loan closed.
o Validate the First Payment Date on the Note by looking at the interest collected in the 900
section of the HUD-1/Section F, Prepaids of Closing Disclosure. Interest should be collected
from disbursement date to the month prior to the first payment date.
For example: Loan disbursed on 06/12/13, interest is collected from 06/12/13 to
07/01/13, and First payment date is 08/01/13.
For Conforming loan amounts, a loan is considered to be Cash Out if the cash back to the borrower is
2% of the loan amount or $2000 whichever is less.
For non-conforming loan amounts, a loan is considered to be Cash Out if the cash back to the
borrower is more than 1% of the loan amount.
A loan can also be considered Cash Out according to underwriting restrictions (i.e. Paying off major
debt, a previous loan or buyout of a co-owner) always refer to Underwriting Approval and AUS
Findings when referring to the loan purpose.
If there is cash back to the borrower as stated above:
o And it's a primary residence located in Texas loan must close as a Texas Home Equity
transaction. Refer to Texas Home Equity section for more detail
o Lakeview will show the loan purpose as a Cash Out. This is important and affects the pricing
of the loan
If escrows are collected on the HUD-1/Closing Disclosure, Lakeview will net escrows from the
purchase advice.
C517 Escrows / Impounds
Tax Bills
Prior to starting escrow calculations, it is important that all tax bills due within sixty (60) days of the
settlement date are paid before or at settlement.
Any bills paid prior to settlement must have a paid receipt at settlement for proof of payment. You will be
billed for any tax penalties that accrue. If bills are not available the title policy must reflect taxes as being
paid current.
Insurance Policy
Escrow accounts the policy must have a remaining term of at least 45 days after closing.
Non-escrow accounts the policy must have a remaining term of at least 30 days after closing.
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If the renewal insurance policy is not available, obtain one of the following:
Temporary binder from the insurance company
Offer of renewal from the insurance company
Quote with underwriting approval from a new company
On an annual basis, each loan is reviewed according to assure compliance with the State requirements.
Initial Escrow Statement
Initial Escrow Statements are required on all loans in which escrows / impounds are being held by
the servicer.
Flood Insurance must be escrowed.
If loan has MI, monthly MI must be on Initial Escrow Account Disclosure and amount match MI
Cert
A two (2) month cushion should be used in the Initial Escrow Statement unless state regulations
specify differently.
This statement must be provided to the borrower at the time of settlement. Initial Escrow
Statements must include the following information:
o Amount of the total monthly payment
o Portion of monthly payment that is being placed into their escrow account
o Itemize the estimated charges such as school taxes, city taxes, insurance premiums, etc. that
is expected to be paid during the next escrow computation year. Need to include the
description of the item, due date, term and disbursement amount.
o Running Trial Balance which reflects the estimated activity in the escrow account during the
next 12 months.
o Starting Reserves (inclusive of the Initial PMI premium amount); escrow disbursements prior
to the 1 st Pay Date; interim/added assessment; Total Reserves to be collected at Closing
and Target Balance.
o For loans with monthly FHA/MIP insurance, the MIP amount is NOT included in the
calculation of the target balance/cushion.
Escrows for New Construction
To avoid ”payment shock” Regulation X applies to Escrows for New Construction loans.
o The customer shall estimate the amount of escrow account items to be disbursed. In cases of
un-assessed new construction, the servicer may base an estimate on the assessment of
comparable residential properties in the market area.
C518 Escrow Waiver Policy
If loan has no escrows collected there should be an Escrow Waiver in the file. The following can be used
as an escrow waiver
Escrow Waiver form/Closing Disclosure with applicable option completed in the Escrow Account
section
Payment Letter signed by borrowers showing no escrows with payment
A blank signed Initial Escrow Account Disclosure Statement
Lakeview will consider escrows waived if only homeowners/hazard insurance are being escrowed on the
HUD-1/Closing Disclosure.
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All loans closing on or after January 1, 2016 require flood insurance premiums to be escrowed for all
properties located in identified flood hazard areas, as outlined by the Biggert-Waters flood insurance
escrow requirements, regardless if there is an escrow waiver in place. Only if the property has adequate
flood insurance coverage provided by a condominium association, homeowners association, or similar
group, and the premium is paid by the group as a common expense, are escrow for flood insurance
premiums and fees not required.
Escrow Waiver is not permitted in the state of NM.
If escrows were waived and product does not permit an escrow waiver an approved exception must be
obtained.
C519 Tax Certificate
A completed Tax Certificate must be in the file. If there is not a completed Tax Cert, Tax information
provided within the Title Commitment or Policy is acceptable
Tax Authorization form is required in NJ, PA, NY or IL
C520 Hazard Insurance
Refer to Insurance and Survey Requirements chapter
C521 Flood Insurance
Refer to Insurance and Survey Requirements chapter
C522 Life of Loan Certification
Lakeview requires that all loans submitted for funding contain a Standard Flood Hazard
Determination Contract.
Flood Cert must contain correct property address
The initial flood determination verifies whether the property lies in a Special Flood Hazard Area.
The Life of Loan Monitoring Contract enables the investor to continue to track any changes in the
property flood zone status over the life of the loan.
Federal law requires proof of flood insurance if the property lies in a flood zone, and that the
certification meets regulatory requirements including compliance with the National Flood
Insurance Reform Act of 1994.
o If Standard Flood Hazard Determination states that the property is located in a zone
beginning with A or V, then the property is located in a Flood Zone and requires Flood
Insurance.
Flood Insurance is not required if the property is located in one of the following zones (B, C, D, or
X)
Sellers can obtain a Standard Flood Hazard Determination with a Life of Loan Contract from a
company of their choice who performs flood determination services in accordance with the most
recent Federal Emergency Management Agency Flood Determination guidelines. Lakeview
recommends using either of the following preferred vendors:
o Corelogic Flood Data Services, Inc
o LPS National Flood
Lakeview will charge $10.00 at loan purchase for the beneficiary name transfer
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C523 Mortgage Insurance
Mortgage Insurance Certificate with the following information is required on all loans with an LTV over
80%. If the certificate shows initial premium due, the amount must be shown on the HUD-1/Closing
Disclosure as being paid. If the cert shows zero payment, no payment is required to be on the HUD-
1/Closing Disclosure. If the cert states "Zomp" no payment is required to be on the HUD-1/Closing
Disclosure. All loan information listed below must match the loan terms. If the loan information is different,
a new certification must be obtained. MI coverage must meet Lakeview's requirements
Borrower’s Name and Property Address
Correct Loan Amount and Loan Term
Correct Appraised Value and Sales Price
Borrower Paid MI Option
United Guaranty
Genworth
MGIC
Radian
Arch Mortgage Insurance Company (formerly CMG)
Essent
National MI
Acceptable Borrower Paid Mortgage Insurance Payment Options
Monthly
Level
Split Premium
Single Premium
If Split Premium cert must reflect monthly MI Payments and lump sum premium must show on
Hud-1/Closing Disclosure. Evidence must be provided to show that premium has been paid.
Lender paid Single Policy (LPSP) MI Option - Acceptable Companies
United Guaranty
Radian
MGIC
Genworth
Essent
Arch Mortgage Insurance Company (formerly CMG)
National MI
The LPSP MI certificate must reflect Single Premium only with no monthly payments and must be
non-refundable. The LPMI disclosure is required to be signed at time of application. Evidence
must be provided to show the premium has been paid.
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C524 PMI Disclosure
Disclosure is required if:
o Borrower paid mortgage insurance
o 1 unit Primary residence
Disclosure must contain the two dates informing the borrower when they can cancel their
Mortgage Insurance
If loan is a Balloon or an ARM, a Disclosure is required but the dates are not required to be on the
form
LPMI Disclosure is needed on loans with lender paid single policies
C525 FHA Loans
FHA connection for all FHA loans must verify the following:
o Borrowers names
o Property address
o If UFMIP has been paid Delegated only
o Sellers who are responsible for insuring their FHA loans must verify that the term, maturity
date, original loan amount and ADP codes in FHA Connection are correct. If information is
found to be inaccurate, Lakeview will issue a post funding suspense item. In order to clear
the suspense item, a copy of the FHA Application Screen with the corrected information must
be submitted.
FHA Test Case Phase Not eligible for Non-Delegated or purchase by Lakeview
The following documents are required on all FHA Loans.
o Addendums to Application must be completed, signed and dated as required
o Amendatory Language Clause can be separate form or part of Sales Contract
Required on all Purchase Transactions
Must be signed and dated by all Borrowers and Sellers
If Seller is HUD or a Financial Institution/Bank, then this form is not required
Value Section must be completed
o Real Estate Certification - Can be on separate form or part of Amendatory Language Clause
form or part of Sales Contract
Required on all Purchase Transactions
If Seller is HUD or a Financial Institution/Bank, then this form is not required
Must be signed and dated by all Borrowers, Sellers and Agent agent signature not
required if real estate not involved and date is only required if there is a date field
If Seller is HUD or a Financial Institution/Bank, then this form is not required
o Signed and Dated Notice to Homebuyer 92900B required on all loans except Streamline
Refinances
o Informed Consumer Choice Disclosure not required to be signed
o For Your Protection Get a Home Inspection or acknowledgement of receipt
Only required on Purchases- N/A for New Construction
If Language is in the Sales Contract this is acceptable in place of the form
o Conditional Commitment 92800.5B required on all loans with an appraisal
Underwriter Name and CHUMS ID number required Delegated
Lakeview Underwriter Name and CHUMS ID number Non-Delegated
o Certificate of Occupancy required on Purchases only, Owner Occupied properties, that are
new construction
o Termite Certification required when appraiser asks for one
Not required on streamlines
Signed by Borrowers and Sellers
o Evidence of SS Number SS Card, Paystubs, W2’s, Rapid Reporting, Tax Transcripts
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o HUD-1 FHA Addendum/Settlement Certification Required
Required on all Purchase Transactions
Must be signed and dated by all Borrowers, Sellers and Closing Agent
If Seller is HUD or a Financial Institution/Bank, then this form is not required
C526 Application (1003)
Lakeview requires a completed fully executed 1003.
Initial and final 1003's must be provided at time of submission for Non-Delegated Underwriting
and final 1003’s must be provided at the time of purchase for Delegated Underwriting
All HMDA data must be completed
TPO is determined by reviewing the Interview section of the 1003.
o TPO Approval is included in Sellers contract
C527 HMDA
The Home Mortgage Disclosure Act (HMDA) was enacted by Congress in 1975 and is implemented by
the Federal Reserve Board's Regulation C. This regulation provides the public and regulatory agencies
with loan data that can be used, among other things, to assist:
o in determining whether financial institutions are serving the housing needs of their communities;
and
o in identifying possible discriminatory lending patterns.
Lenders must report data about:
o home purchase loans, home improvement loans, and refinancing loans that they originate or
purchase, or for which they
o receive applications (application date, action taken and date of that action, loan amount, loan type
and purpose, and if the loan is sold, type of purchaser)
o each applicant or borrower (ethnicity, race, sex and income)
o each property (location and occupancy status)
o rate spread if over certain thresholds, HOEPA status, and loan status (a/o 01/01/04 )
Additional details can be obtained by reviewing "A Guide to HMDA Reporting-Getting it Right" at
www.ffiec.gov/hmda
The following scenarios illustrate whether Lakeview or Seller have HMDA reporting responsibilities:
o Closed Loan - Delegated Seller:
Seller takes the application and underwrites; Lakeview purchases the loan. HMDA action: the
seller reports the loan as an origination on its LAR and Lakeview reports the loan as Code 6,
"Loan purchased by your institution"
o Closed Loan - Non Delegated Seller:
Seller takes the application; Lakeview or an MI partner underwrites the loan, and Lakeview
subsequently purchases the loan. HMDA action: Lakeview reports the loan as an origination
on the LAR. Seller is not required to file a report.
C528 Title Insurance
Title insurance policy must grant Lakeview their valid lien position and comply with Fannie Mae's or
Freddie Mac’s title insurance requirements as it relates to coverage, acceptable title exceptions and
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endorsements. You can find more information at http://www.efanniemae.com or
http://www.freddiemac.com and in the Insurance and Survey Requirements chapter.
If refinance, title must be vested in our borrower(s) only, if not a Quit Claim Deed is required
If purchase, current owner must match current owner on appraisal or Sales Contract
Determine if the property is Fee Simple or Leasehold.
o Leasehold Agreement should not expire before the maturity date of mortgage and ground
rents must be paid current
Appraisal will also confirm if property is Leasehold or Fee Simple.
Required endorsements, if applicable:
o Adjustable Rate Mortgage Endorsement (ALTA 6) - insures that the rate adjustments will not
make the mortgage unenforceable or cause our lien to lose priority over other liens attached
to the property after the loan is made.
o Condominium Endorsement (ALTA 4) - insures, among other things, that the unit is listed on
the required condominium documents (Master Deed, Condo Declarations, etc) and is part of
the condominium. Additionally, it
o insures that condominium documents properly create a condominium; restrictions in the
condominium documents will not cause a loss of title; that the lien of mortgage is superior to
any lien for assessments; and that the unit is a separate tax parcel.
o Planned Unit Development Endorsement (ALTA 5) - insures, among other things, against
loss from violations of restrictions, prior assessment liens, encroachments.
o Manufactured Housing Endorsement (ALTA 7) - clarifies that the housing unit is insured
under the policy.
o Balloon Payment Loan Endorsement - insures that the Conditional Right to Refinance and
the subsequent change in interest rate will not make the mortgage unenforceable or cause
our lien to lose priority over other liens created after the loan is made.
For a Loan secured by Mortgaged Premises located in the State of Iowa, only an Iowa Title
Guaranty issued by the Iowa Finance Authority is acceptable.
Due to the bankruptcy filing by LandAmerica’s holding company and the related credit rating
agency downgrades of LandAmerica subsidiaries, Lakeview will no longer accept title
commitments, title insurance policies, or Insured Closing Protection Letters from the following:
o Land Title Insurance Company
o LandAmerica NJ Title Company
o Title Insurance Company of America
Lakeview will accept title commitments, title insurance and insured Closing Protection Letters
from the following LandAmerica subsidiaries, subject to evidence of reinsurance from Fidelity
National Title or its subsidiary, Chicago Title:
Lawyers Title Insurance Corporation
Commonwealth Land Title Insurance Company
United Capital Title Insurance Company
C529 Short Form Title Policies
Short form title polices provide the same amount of coverage as a standard policy but in a shorter format.
The policy references the loan specifics (insured amount, date of policy, property address, borrowers,
etc.) and refers to general documents for all coverage. Limited Coverage Policies are not acceptable.
For example: it automatically provides the Environmental Protection Lien Endorsement (ALTA 8.1) Condo
and PUD endorsements and all other standard endorsements without actually providing copies of these
endorsements.
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It also provides affirmative coverage for property specific exceptions such as restrictions, encroachments,
etc. with general statements in the policy text.
Not acceptable when:
Property State is in Texas and Oregon
Property is a leasehold
Investor guidelines prohibit (refer to product summary)
An attorney's opinion of title is acceptable to Freddie Mac in lieu of a title insurance policy if all of
the following conditions are met without exception:
1. The opinion must be addressed to the Seller and all successors in interest of the Seller.
2. The opinion must provide the following statement: We [I] agree to indemnify you and your
successors in interest in the [Mortgage] [deed of trust] opined hereto, to the full extent of any loss
attributable to a breach of our [my] duty to exercise reasonable care and skill in the examination
of the title and the giving of this opinion.
3. The opinion must be given by an attorney licensed to practice law in the jurisdiction where the
Mortgaged Premises are located. The attorney must also be insured against malpractice in
rendering opinions of title in an amount commonly prevailing in the jurisdiction, taking into
account the volume of opinions rendered by the attorney.
4. The opinion must not take exception to survey matters. When the attorney's opinion takes
exception to survey matters, the Seller must provide whatever information is required by the
attorney to remove the exception. If the attorney will not issue the title opinion without a survey
exception, Freddie Mac will not purchase the Mortgage. In addition, the opinion must not be
subject to any title exceptions other than those permitted under Section 39.4.
5. The Mortgage must not be secured by a unit in a condominium or PUD or a dwelling on a
leasehold estate.
6. Attorney's opinions of title must be commonly acceptable in lieu of title insurance by private
institutional Mortgage investors in the area where the Mortgaged Premises are located.
C530 Final Truth in Lending/Closing Disclosure
A Final Truth in Lending/Closing disclosure signed at closing is required
Truth in Lending/Closing Disclosure document must be signed by all borrowers (all parties on title
must sign for primary residence)
Confirm Truth in Lending/Closing Disclosure is dated same day as Note/Security Instrument.
Demand Assumption section must be completed. Products that allow assumption are all ARM
products and FHA and VA loans
Prepay Section must be completed correctly.
Creditors extending closed end consumer credit secured by real property or a dwelling must
disclose certain summary information about interest rates and payment changes in a tabular
format. The interest rate and payment summary tables must replace the payment schedule
previously required as part of the TILA disclosure for mortgage transactions. The previously
required payment schedule will now apply only to closed end transactions not secured by real
property or a dwelling.
C531 PMI Drop Off in Payment Schedules
The Homeowners Protection Act sets out rules for termination of PMI insurance on residential home
loans. It provides that the borrower may request PMI cancellation when the principal balance of the loan
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reaches 80% of the property's value and that the servicer must cancel PMI when the principal balance of
the loan reaches 78% of the property's value.
Because the reduction in principal balance to 78% of the property's value would rarely coincide exactly
with the timing of the monthly payment, lenders cut off the MI payment just above the cancellation figure
(i.e. 78.05%) or just below (i.e. 77.95%). The calculation of when the servicer must cancel PMI affects the
payment schedule on the Truth in Lending/Closing disclosure. If the PMI payment is dropped just above
the 78% LTV, the payment schedule will show one month (or more) fewer PMI payments than if the PMI
payment is dropped just below the 78% LTV. See example below.
Lakeview audits the Truth in Lending/Closing disclosure on its purchased loans pre-fund or post fund and
reviews the payment schedule calculations.
Additional audits of the Truth in Lending/Closing disclosure payment schedule calculations will require
that PMI payments must continue until the principal balance of the loan has reached 78% of the property
value. Since the 78% does not coincide exactly with the timing of the monthly payment, this will mean the
principal balance will actually be below 78% at the time that the PMI payments can be dropped.
C532 Calculation of PMI/MIP Payments
For loans that include mortgage insurance (PMI/MIP), the amount of the PMI/MIP payment calculated is
included in the finance charge.
To calculate the amount of the monthly PMI payment on conventional loans, multiply the loan amount on
the note by the initial premium percentage rate from the PMI Certificate and divide the result by 12.
For HUD/FHA loans, the HUD required calculation must be used to determine the monthly MIP payments.
This is described at: http://www.hud.gov/offices/hsg/comp/premiums/sfpcalc.cfm
Lakeview will not purchase loans where the lender has multiplied the loan amount by .5 and divided by 12
to calculate the MIP payment on FHA/HUD loans. If the .5 calculation is used instead of the calculation
required by HUD on an FHA/HUD loan, the payment stream will be inaccurate. This practice is
unacceptable.
Lakeview requires that the FHA/HUD MIP calculation be always used to determine the MIP payment on
FHA/HUD loans.
C533 Right of Rescission
Use the rescission form that most accurately describes what is happening in the transaction:
o H-9 Rescission Model Form (Refinancing with Original Creditor) - applies when a creditor that
has a prior lien on the borrower's home extends additional credit that is also secured by the
home
o H-8 Rescission Model Form (General) - applies to a loan from a creditor with no prior lien on
the borrower's home
Right of rescission documents must be signed and dated by all borrowers and all parties on title.
Right of rescission should be signed and dated the same day as TIL/Closing Disclosure and
Security Instrument was notarized.
New rescission must be issued if cancellation date is not within 3 full days after date of the
TIL/Closing Disclosure, and Security Instrument notarized date.
If Rescission is not signed by all applicable parties, if dates are missing or incomplete or if the
borrowers did not receive a full 3 days - Lakeview will suspend for a new rescission period to be
opened and disclosed to the borrower(s). The new rescission notice must have current dates.
Waivers of rescission period are not permitted.
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C534 State and Federal Disclosures
All disclosures must be in compliance with state, federal and local mortgage lending laws and regulations.
Lakeview will accept loans for purchase, in which borrowers received initial federal and state disclosures
electronically according to the requirements outlined by the Electronic Signatures in Global and National
Commerce (E-SIGN) Act of 2000. This also applies to FHA loans as long as the initial disclosures are not
required as part of the insuring process.
C535 Closing Instructions - Borrower Identity
For Conventional Conforming loans located in an escrow state, Escrow/Closing Instructions signed by
Borrower and Seller or a signed Estimated Hud-1/Closing Disclosure is required.
The Seller's closing instructions must include specific instructions to the closing agent to confirm the
identity of the borrowers. Copies of the closing instructions must be included in the file for purchase.
The following documents may be used to certify the borrower's identity:
U.S. Person:
Valid State driver's license (photo)
Valid State non-driver's license (photo)
Work ID (photo)
Student photo ID
Military photo
Military dependents' photo ID
Department of Public Welfare photo ID
Medicare card
U.S. Passport (photo)
Non-U.S. Person:
Non-U.S. Passport (photo)
Resident Alien Card
C536 W-9 Form
Required to be signed by the primary borrower.
C537 4506-C Form
Guidelines relevant to the 4506-C form can be found within the individual product matrices.
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C538 Consolidation/Extension/Modification Loans (NY Loans) Delegated Only
A consolidation is having all previous liens and if previously consolidated - that modification - re-set into a
new CEMA paying off all previous lien holders - BUT not releasing the debt of public records. These
liens/CEMAS, as well as the Notes being endorsed to Lakeview, are assigned to Lakeview. Lakeview
must be in receipt of all these documents at the time of purchase. Loan will be suspended until all
documents are received OR if the consolidation does not make sense.
Original Old note
o Must be original, Lost Note Affidavits are not acceptable
o Dates must reference of old mortgage in modification agreement
o Must have complete endorsement chain up to Lakeview
o Endorsement chain must match assignment chain refer to chain of title that is an
attachment to modification agreement
Original old Mortgage
o Must be original recorded or a county certified copy of the original
o Dates must reference of old mortgage in modification agreement
o Must be signed by all parties currently in title. If old mortgage does not reference the current
parties in title you must have a Quit Claim deed showing full transfer of title.
New Note - This is the note showing the amount of new money that is being borrowed for the
current transaction
New Mortgage - This is the mortgage showing the amount of new money that is being borrowed
for the current transaction
Gap Note - If there is an advance Amount, original Gap Note required
Gap Mortgage - If there is an advance Amount, Gap Mortgage required
Assignments
o Assignment chain must follow endorsement chain
o Final assignment to Lakeview must be assigned to MERS
o If property is located in Suffolk County final assignment must be assigned to Lakeview
Consolidation/Extension/Modification agreement on Fannie/Freddie form 3172 1/01 rev. 5/01
o If current modification agreement does not reference all of the same borrowers as the original
loan, must have deeds in file showing title has been transferred
o Must be stamped "True and Certified Copy of the Original sent for Recordation". The stamp
must be initialed by the individual stamping the document.
o Must be fully executed and notarized
o Must have Exhibit "A" attached - This is a listing of Notes and Mortgages
o Must have Exhibit "B" attached - This is the property description
o Must have Exhibit "C" attached - This is an unsigned copy of a new note showing full
consolidated loan amount and new maturity date
o Must have Exhibit "D" attached - This is an unsigned copy of a new mortgage showing full
consolidated loan amount and new maturity date
If FHA CEMA form 3172 1/01 (rev. 5/01) may be used on FHA refinance transactions but
reference to “Fannie Mae/Freddie Mac” must be removed and replaced with “Federal Housing
Administration”
C539 Interim Interest Calculation and Interest Credits
Lakeview charges interest to the Seller and interest is calculated based on 360 days per year for all
loans.
Our Servicing Division must have sufficient time to process the loan before receipt of the first payment,
therefore an interest credit to the borrower can only be made up to the 10th day of the month.
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Purchase Advice
Once a purchase advice is generated, it will be posted to our web site for your access at
http://www.Lakeviewcorrespondent.com
Sellers can view purchase advices for loans funding that day or for historical purposes.
C540 Year End Reporting
Closed Loan Sellers are required to provide the 1098 to the borrower for pre-paid interest collected at
closing as reflected on the final HUD-1/Closing Disclosure and for points paid by the borrower to the
lender. Lakeview will only provide the 1098 for interest on payments received. If Lakeview purchases the
loan at Original Balance, the seller is still responsible to report pre-paid interest collected at closing.
C541 TILA-RESPA Integrated Disclosure Rule
The Consumer Financial Protection Bureau (CFPB) has adopted a final regulation creating new,
integrated disclosures for mortgage loans. Specifically, the Truth in Lending Act-Real Estate Settlement
Procedures Act (TILA-RESPA) Integrated Disclosure Rule (TRID) consolidates existing disclosures into
two forms:
The Loan Estimate (LE) replaces the GFE and Early TIL
The Closing Disclosure (CD) replaces the HUD-1 and Final TIL
TRID amends Regulations Z (TILA) and X (RESPA) to create new, integrated disclosures. Some of
the revisions included in TRID are:
o Creation of the new Loan Estimate and Closing Disclosures forms
o Changes the definition of an application
o Creates new requirements on the collection of advance fees and pre-disclosure requirements
o Adds new timing requirements
o Revises allowable fee tolerances
TRID covers most closed-end consumer loans for which an application is received on or after October 3,
2015 except:
HELOCS
Reverse Mortgages
Loans secured by mobile homes (not secured to real property)
Partial exemption for certain junior liens associated with housing assistance
Loans made by creditors that make 5 or less loans per year
For applications:
Taken on or before October 2,2015 use old disclosures (GFE, TIL HUD-1)
Taken on or after October 3, 2015 use new disclosures (LE, CD)
o Use of the LE and CD prior to October 3, 2015 is not allowed
o MDIA still applies
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Loan Estimate:
The new Loan Estimate form is designed to provide disclosures that will be helpful to consumers in
understanding key features, costs, and risks of the mortgage loan for which they are applying.
Must be provided within 3 business days of receiving an application
Must be delivered at least 7 business days prior to consummation (loan signing)
Revised Loan Estimates may only be issued as a result of a valid change of circumstance and
provided within 3 business days of the changed circumstance
Rounds fees
Combines the Appraisal Valuation Disclosure and Servicing Transfer Disclosure
Loan Estimate Timing Requirements:
If the Loan Estimate is not provided to the borrower in person, it is considered to be received 3
business days after it is placed in the mail or sent via electronic delivery.
This “receipt” date is important as it drives the ability to impose a fee, providing written estimates of
terms or costs (i.e. Fee Worksheet), and requiring documents for verification.
Fee Worksheets, if given, prior to the LE must state that the terms and cost may change.
Closing Disclosure:
The new Closing Disclosure form is designed to provide disclosures that will be helpful to consumers in
understanding all the costs of the transaction.
Must be delivered 3 business days before consummation of the loan (loan signing) to borrower and
any non-borrowers who have the right to rescind
Some changes are permitted, however if any of these three items change, the 3 day waiting period
begins again:
o APR increases by more than .125
o Loan product changes (fixed to ARM, ARM to fixed, etc.)
o A prepayment penalty is added
Document is dynamic and only certain items print for certain product types
Fees must be exact and not rounded
Closing Disclosure Timing Requirements:
If the initial Closing Disclosure is:
Delivered in person, it must be received at least 3 business days before consummation
Delivered by mail (USPS, UPS, FedEx, etc.), borrower is considered to have received it 3 days after it
was placed in the mail (unless creditor can prove earlier receipt).
Delivered by email (as long as compliant per ESIGN-ACT), borrower is considered to have received it
3 days after the email was sent (unless creditor can prove earlier receipt
Application definition has been changed to consist of the below 6 items and is considered complete when
all 6 items are provided:
Borrower’s name
Borrower’s income
Borrower’s SSN
Property Address
Estimate of value of the property
Loan amount
The 7th piece of information, “catch-all item” has been eliminated.
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New Restrictions on activity prior the consumer’s receipt of the Loan Estimate:
Cannot charge a fee until after the consumer has received the Loan Estimate and has indicated the
intent to proceed
Cannot provide written estimates of terms or costs before the consumer has received the Loan
Estimate
Cannot require the submission of documents verifying information related to the consumer’s
application before providing the Loan Estimate
o You may ask for names, account numbers, balances of a borrower’s checking/savings account,
however you may not require a copy of the bank statement
Fee Tolerances
Fee tolerances are much more stringent than before and are classified in three tiers: 0% tolerance, 10%
tolerance, and unlimited. Emphasis has shifted from the line number a fee should be placed on to whom a
fee is paid and whether or not the Consumer can shop for the service.
Tolerance violations must be cured within 60 days of settlement.
Loans delivered for purchase with initial applications taken on and after October 3, 2015 must comply
with TRID requirements.
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Below is required documentation as part of the pre-purchase review:
Loan Estimate related:
Initial 1003
All LEs provided to the borrower with some form of evidence of receipt
All changed circumstance documentation associated with the issuance of revised LEs
Evidence no fee was imposed other than the reasonable credit report fee prior to the borrower’s
receipt of the LE
Written List of Service Providers
Closing Disclosure related:
All CDs provided to the borrower and non-borrowers with a right to rescind with some form of
evidence of receipt
Final CD signed and dated at closing
On purchase transactions, the Seller’s CD is required
All CDs provided to borrowers after closing
The LE must contain a good faith estimate of credit costs and transaction terms.
The CD must contain the actual terms and costs of the transaction.
Loans will be reviewed to determine if fee changes were within acceptable tolerance limits. If charges
have increased beyond allowable tolerance limits, the tolerance violation must be cured by refunding the
excess payment for the charge to the borrower and providing a corrected CD documenting the refund.
The tolerance cure must be completed within the 60 days of settlement.
Any loan where the consumer has waived any of the required waiting periods is ineligible for purchase.
C542 Partial eClosings
Lakeview Loan Servicing, LLC accepts electronically signed closing documents with exceptions noted
below. We will accept hybrid closings, where key documents are printed to paper and wet-signed, while
other documents throughout the process are signed electronically. This does not apply to eNotes or
eMortgages (see below description)*.
Unacceptable e-Signed closing documents are:
Notes
Security Instruments and applicable riders
Documents that require notarization or witnesses
All electronic signatures by the borrower must be in compliance with the E-Sign Act and other applicable
federal and state laws.
Applicable agency guidelines related to e-closings must also be followed.
The loan file must include a properly disclosed and executed E-Sign Disclosure and a Consent Form from
each borrower.
* The term "eMortgage" generally refers to the use of electronic processes and signatures in the
mortgage production process. More specifically, it refers to electronically-signed closing documents
paired with an original electronic promissory note (eNote), signed on an eClosing platform and registered
with the MERS eRegistry® upon execution. The term "eMortgage" is often used to indicate an eNote,
even though eMortgage is the broader term for the electronic process that includes the eNote and the
electronic security instrument.
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* Lakeview does not allow Remote Online Notarizations (RON) at this time for Borrower signed
documents
5D Credit and Collateral Review
Lakeview will randomly select loans prior to funding and review them to ensure they meet our
underwriting and applicable agency guidelines as stated in the Underwriting Section of this manual and
as specified by the Product Summaries. These reviews may be targeted to a specific area of review (such
as collateral) or may be a full underwriting review of the loan file. The review may include re-verification of
loan information which may include (but not limited to): Employment, Income, Social Security, Property
Information and valuation, as well as Public Records information. These reviews will be used to
determine:
Complete loan file and all underwriting disclosures provided (as required by product)
Soundness of underwriting decisions
Detection of fraud and misrepresentation
Lakeview will use fraud detection tools to screen every loan both prior to issuing the Non-Delegated
Purchase Commitment and at the time of closed loan delivery.
D500 Underwriting Approval and Automated Underwriting Requirements
Every loan file submitted to Lakeview must include a signed underwriting approval that matches the terms
of the loan.
Delegated Sellers must have some form of approval signed by an underwriter. The following
documents, signed by an underwriter, will be accepted as approval:
o 1008 with Automated Findings
o HUD 92900-LT
o VA Loan Analysis or Interest Rate Reduction Refinance Loan Worksheet
o Seller's own approval form with conditions
o If contract underwritten, approval must reference the delegated Seller as the Seller and not
Lakeview
Non-Delegated Seller must have an Underwriting approval from Lakeview for conventional loans
which is labeled "clear to close" and all “prior to final commitment” conditions must be provided.
All Governments loans must have an underwriting approval signed off by a Lakeview underwriter.
Underwriting Conditions must be cleared prior to closing for Delegated and prior to purchase
commitment being issued for Non-Delegated. Loans submitted for purchase without conditions
being cleared may be rejected for purchase.
Credit Docs cannot be expired on approval
The AUS findings/Purchase Commitment Confirmation must match how the loan was closed:
If the loan amount and/or interest rate are higher than the Note, findings are
acceptable. If they are lower, you need corrected findings/contract underwriting
approval
If the appraised value and/or sales price are higher, the findings are acceptable. If
they are lower then you need corrected findings/contract underwriting approval
Always need corrected findings/contract underwriting approval if the following are not
correct:
Loan type (i.e. product/term)
Property type (i.e. Condo/PUD)
Occupancy type (i.e. primary/second home/investment)
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Units
Property address
o Correct Version of DU must be used
o DU Preliminary Findings are not acceptable
o The latest DU Submission is required
o Submission Number Must Match Contract Approval
o AUS Credit Report Reference # must match Credit Report
D501 Condo/PUD Warranty
All loans with Condo and PUD projects must be warranted to applicable agency requirements and must
have the completed warranty form included in the file.
D502 Appraisal
If the DU PIW (Property Inspection Waiver) or LPA ACE (Automated Collateral Evaluation) option
is selected, then the borrower must sign the PIW Borrowers Disclosure form (sample can be
found in the Reference Library). The Closing Disclosure must not reflect an appraisal waiver fee
greater than $50.00 for Freddie Mac products.
Lakeview will accept an original or a copy of an Appraisal with legible photos.
o Appraisal must be signed
Check AUS findings & Product Matrix to determine appraisal form is required.
Appraiser license is required and must be active and not expired
Appraisal must be "As-Is", if not:
o Completion Certification (442) with original photos is required (for 1st mortgage
conventional loans only)
o If Completion Certification is missing due to escrow repairs - loan file must contain copy
of escrow holdback agreement.
o If nothing in file showing there is an escrow holdback, Lakeview will suspend loan file for
a completion cert.
If appraisal reflects property as a Condo or an attached PUD, a Condo/PUD warranty form must
be provided in the loan file.
The monthly rental income and number of bedroom data must be provided for primary residence
multi-family (2-4 units) and investment properties (1-4 units). Rental income can be found on the
below documents:
o Operating Income Statement (Fannie Mae Form 216)
o Comparable Rent Schedule (Fannie Mae Form 1007)
o Fair Market Rent letter from Realtor
o Lease agreement
o Rental income noted on the Application or 1008
The monthly rental income and number of bedrooms is required regardless of processing style or
if the PIW option is selected.
Fannie Mae requires delivery of property data such as the number of bedrooms and year built on
the HomePath product. Since the HomePath product does not mandate an appraisal, it will be
necessary to print out the property information containing number of bedrooms and year built and
rental income, if required, from Fannie Mae's HomePath website. This information must be in the
loan file when submitting to Lakeview for purchase. If the information is not available on the
HomePath website, needs to be stated on the 1008 underwriting transmittal summary
Refer to the product matrix for additional appraisal requirements.
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D503 Verbal Verification of Employment
All loan files must contain a verbal verification of employment for each borrower whose income was used
to qualify the loan. If borrower is in the military a military Leave and Earnings Statement dated within 120
days of Note date is acceptable in lieu of a verbal verification. VVOE must have the following info.
Must be dated within 10 business days of Note date (10 calendar days for FHA)
Borrower’s date of employment
Borrower’s employment status and job title
Name, phone number, and title of individual contact at employer
Name of the employer contacted
Name and title of associate contacting employer from Lender
D504 Credit Report
A complete credit report is required on all loans except VA Streamline refinances.
If there are fraud or identity alerts on credit report and identity verification form is required.
D505 Tax Transcripts
Refer to specific product matrix for transcript requirements.
Borrower obtained transcripts are not permitted
NOTE: Typically, tax transcripts are not available from the IRS until two to three weeks after a
consumer e-files their tax return and six to eight weeks after filing by mail. If the current year tax
return has been filed but the corresponding tax transcript is not yet available due to IRS lag times,
the prior year’s transcripts are required (either one or two years dependent upon the AUS
requirement) in addition to the current year tax return and current year transcript request returned
as “No Record Found”. The current year tax returns must be reviewed to validate the stability of
income/business and determine the reasonableness of any positive trends for the purpose of
considering as qualifying income. Additional documents, (i.e. copies of cancelled checks for IRS
Payment/IRS refund, or electronic filing receipt from the IRS indicating the Submission
Identification Number (SID) and AGI that matches the return) may be required on a case-by-case
basis.
D506 VA Loans
The following documents are required on all VA Loans.
Delegated - Copy of VA Funding Fee receipt required even if borrower is exempt from VA
Funding Fee
o Receipt must indicate Processed or Settled and not Pending
VA case number must be consistent throughout the file
Final Application Signed and Date by borrowers
o All pages must be provided & loan terms must match actual loan terms
VA Report & Certification of Loan Disbursement (form 1820) must be completed
o GMI section must be completed
o Must be signed and dated by Borrower & Lender
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Amendatory Language Clause/VA Escape Clause can be part of Sales Contract or on separate
form
o Required on Purchases Only
o Must be signed and dated by all Borrowers & Sellers date only required if there is a
date field
o If Seller is the VA or a Financial Institution/Bank this form is not required
o Value section must be completed
VA Loan Summary Sheet must be completed
VA Interest Rate Reduction Refinance Comparison Sheet required on Streamlines
o Must be signed by borrower and terms of new loan must match actual terms
D507 Wire Instructions/Bailee Letter
Please reference Shipping and Delivery Methods chapter for details on Wire Instructions and
Bailee Letter requirements
D508 Prior Lien Validation
Lakeview internal process is to verify that all prior liens have been satisfied on refinance
transactions and will purchase the loan once the payoff has been validated.
Inclusion of the payoff statement in the loan file is now required.
D509 SAM, LDP and Exclusionary List
Lakeview is prohibiting loans where any company or individuals who are material parties to the
transaction listed on HUD’s “Limited Denial Participation” list or System For Award Management
(SAM) Excluded Party list. Both lists must be checked for all parties to the transaction. If any of
the names appear on either list, the loan is not eligible for purchase. This applies to all loans and
is not limited to FHA and VA loans.
In addition to checking the SAM and LPD lists Lakeview has established an Exclusionary List
identifying certain individuals and businesses. Lakeview will not purchase a loan where an
individual or company on the Lakeview Exclusionary List was directly or indirectly involved in the
transaction. The Exclusionary List can be found on the Lakeview website.
D510 Income Calculation Worksheet Delegated Only
The Income Calculation Worksheet is used to help the reviewer determine stable monthly income for
qualification. The worksheet is not intended to capture all underwriting requirements and documentation
standards but will help the reviewer consider income trends and document how the income was
calculated. Sellers are responsible for reviewing guidelines and documentation to access whether income
is reasonable and properly documented. The Seller Guide and product summaries provide detailed
information on income documentation and standards.
The worksheet will provide a total of all income considered on the worksheet. Comments on the
worksheet can be included to show how income was calculated or to identify unique notes specific to the
calculation of income. This worksheet can be used for non-self-employed income. For borrowers who are
self-employed or receive income from real estate activities, a self-employed analysis worksheet, Fannie
Mae 1084, or a comparable form showing how income was calculated must be used.
All loans submitted to Lakeview for purchase must include an income calculation breakdown. It may be
defined on the 1008 or on a separate worksheet. Sellers may use the worksheet provided in our
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Reference Library or a comparable worksheet to document income. It must be detailed and clearly
document how income was calculated.
D511 Social Security Number Verification Form
Fannie Mae has made changes to the Potential Red Flag messages that are issued when a Social
Security Number provided on the loan application appears to be invalid. The messages have been
updated to require additional verification to confirm the accuracy of the Social Security Number and will
now specify the following verification requirements:
The SSN accuracy must be confirmed, and if incorrect, the SSN must be updated and the loan
casefile resubmitted to DU. If the SSN is determined to be correct, it must be verified directly with
the SSA (direct validation by a third party is acceptable), and the loan must be delivered with SFC
162. If the SSN cannot be validated with the SSA, the loan is not eligible for delivery to Fannie
Mae.
If verification with the Social Security Administration is required, the Authorization for the Social
Security Administration to Release Social Security Number Verification form SSA-89 must be
completed by the borrower(s). This form can be found on the Social Security administration
website at http://www.ssa.gov/cbsv/docs/FormSSA89.pdf.
The completed form as well as the Social Security Administration's response must be retained in
the loan file when submitting to Lakeview for purchase.
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5E Disaster Guidelines
OVERVIEW
These guidelines describe the requirements for loans delivered to Lakeview Loan Servicing, LLC that are
secured by properties located in a Declared Disaster Area as federally defined by FEMA or an investor or
as determined by Lakeview Loan Servicing, LLC. This document outlines the minimum requirements for
loans secured by properties impacted by a disaster in order to assist in ensuring marketability, soundness
and value of the structure.
In addition to the requirements outlined in this document, Lakeview Loan Servicing reserves the right to
impose restrictions and/or suspend purchases for properties subject to any disasters and adverse
events that may impact the collateral.
This section provides guidelines to be followed for properties impacted by a disaster in:
FEMA Major Disaster Declarations with designated counties eligible for Individual
Assistance (IA)
Areas where FEMA has not made a disaster declaration, but Lakeview Loan Servicing or an
Investor (Fannie Mae, Freddie Mac, FHA, USDA or the Veterans Administration) has
determined that there may
be an increased risk of loss due to a disaster
Areas where the Seller has reason to believe that a property might have been damaged in a
disaster
Upon the occurrence of multiple events, such as a hurricane followed by a flood, the requirements of
these guidelines apply to the date of the most recent event.
E500 SELLER RESPONSIBILITY FOR PROPERTY CONDITION
Notwithstanding any other requirements set forth herein regarding disasters and similar events, seller
represents and warrants that the property securing the mortgage loan is free of damage on the purchase
date. In addition, any adverse event must be evaluated in terms of its effect on the subject’s habitability,
marketability and value.
Sellers are responsible for determining potential impact to a property located in an area where a disaster
is occurring or has occurred. Irrespective of whether a declaration or announcement has been made, if a
Seller has reason to believe that a property might have been damaged in a disaster the Seller must take
appropriate action as outlined below to ensure that the property meets Lakeview Loan Servicing
requirements and applicable investor requirements at the time of purchase by Lakeview Loans Servicing.
Additionally, if Lakeview Loan Servicing has a reason to believe that a property might have been
damaged in a disaster and has placed a prior-to-purchase condition on the mortgage loan, then the Seller
must follow the requirements of the loan condition.
E501 DISASTER ASSESSMENT AND DISASTER NOTIFICATION ANNOUNCEMENTS
Lakeview Loan Servicing will assess the significance of events in geographic areas impacted by
disasters. The assessment will utilize data provided by FEMA and other sources regarding impacted
areas. As a result of this assessment, Lakeview Loan Servicing may define the affected area differently
than the FEMA declaration. Unless communicated otherwise, Lakeview Loan Servicing will utilize FEMA
for declaration dates, incidents begin dates and incident end dates. The Lakeview Loan Servicing Credit
Policy department, at its discretion and if permitted by investor guidelines may choose to declare disaster
incident period begin dates and/or incident period end dates other than those recommended by FEMA if
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there are mitigating factors. Lakeview Loan Servicing may communicate a list of counties and/or zip codes
by which a property’s location is determined to be covered by these guidelines as a disaster area.
Sellers are responsible for monitoring the Disaster Declaration File and the FEMA Website including the
FEMA Declarations Summary on an ongoing basis to ensure that the property is not located in an area
impacted by a disaster. In the event of a declared or undeclared disaster area requiring action,
Lakeview Loan Servicing will update the disaster file with the following information:
Nature and location of disaster
Disaster incident period (an incident period is defined as the beginning and subsequent ending date
to a particular disaster). The incident beginning period is defined by FEMA.
o Incident period end date may be either:
Determined by FEMA and published at FEMA.gov, or
Determined by Lakeview Loan Servicing and published in the Disaster Declaration
File, or
Determined by an Investor (Fannie Mae, Freddie Mac, FHA, USDA or the Veterans
Administration)
Impacted counties as determined by FEMA’s Major Disaster Declaration of areas eligible for
individual assistance and/or Lakeview Loan Servicing and/or an Investor (Fannie Mae, Freddie Mac,
FHA, USDA or the Veterans Administration)
Any related Lakeview Loan Servicing and/or Investor (Fannie Mae, Freddie Mac, FHA, USDA or the
Veterans Administration) announcements and special requirements
Any additional documentation requirements, including
o Additional appraisal or appraisal product requirements
o Additional re-inspection requirements
o Employment re-verification requirements, if any
Effective date of any requirements
E502 Re-Inspection Requirements
The inspection document provided must address the specific disaster and indicate any apparent damage
to subject property. Inspection reports may not be used to estimate or recertify value.
It is the responsibility of the Lakeview compliance auditor to review the re-inspection report to deem
acceptability in both form and content.
Loans with Appraisals (Not Yet Purchased)
If a property is in a Declared Disaster Area and the most recent appraisal was completed on or before the
incident period end date, or an incident period end date has not yet been declared, then, subject to the
applicable product matrix and investor requirements, Lakeview Loan Servicing requires that an acceptable
property inspection dated after the declared incident period end date be completed prior-to-purchase
confirming the property was not adversely affected by the disaster prior to our purchase of the loan.
Fannie Mae, Freddie Mac, VA, USDA, and
FHA loans closed and endorsed prior to the incident beginning date
A final exterior inspection or appraisal with exterior photos update signed and dated by the
original appraiser
o Appraisal Update, form Fannie Mae 1004D, Disaster Inspection, or
o Completion Report, form Freddie Mac 442, or
Property Inspection Report with exterior photos
o Form Fannie Mae 2075, or
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o DAIR
o Seller Certifications are permitted and must meet the below listed requirements
Additional forms and/or certifications may be required as per investor guidelines (i.e., VA Lender
Certification, VA Veteran Certification, VA Form 26-0286, Employment/Income Certification)
Seller Certification Requirements
A Seller Certification is permitted when the following requirements are met:
Must be executed by an employee of the Seller who will NOT receive direct compensation from the
subject transaction
Seller may determine their own form however the certification must meet the following requirements:
o Must state that an acceptable inspection of the property was completed
o Must indicate either the Seller’s or Lakeview’s loan number
o Must be on Seller letterhead or a certification of property condition form
o Must indicate subject property complete street address, including city, state and zip code
o Must include the following language or a reasonable facsimile “This is to confirm that the
above referenced property has been inspected on XX/XX/XXXX (date of inspection to be
included) and I have determined that it was either not damaged in the recent disaster or has
been restored to its pre-disaster condition or better.”
o The date of the property inspection referenced above must be after the disaster incident end
date as identified in the Disaster Declaration File
o Printed Name and Signature of Seller’s Representative, Title and Date
o Photos of the property front, back, street in both directions, house number and any visible
damage
Condos also require pictures of the lobby and front of the building; picture of the lobby
through the window is acceptable if lobby is not accessible due to security
If the re-inspection notes that the property is uninhabitable, unsound, or that the property condition has
been affected by the disaster, then a new appraisal must be completed, including an interior inspection
and interior and exterior photos showing that:
All identified damages and associated repairs have been resolved and meet applicable investor
guidelines (Fannie Mae, Freddie Mac, FHA, VA, and USDA) and,
The property is habitable, sound, and the property value is supported
FHA loans closed and/or were endorsed after the incident beginning date
Re-inspections for FHA Loans that closed and/or were endorsed on or after the beginning of the
incident period cannot occur until after the incident period end date (as defined by FEMA) or fourteen
(14) days from the incident period begin date, whichever is earlier. In some instances, Lakeview may
extend the incident period ending date, longer than the FHA guidance of fourteen (14) days. This
depends on the scale and scope of the incident. Please refer to the Disaster Declaration File for the
incident starting and ending dates for all Lakeview declared disasters.
If the effective date of the appraisal is on or after the date required above for an inspection, a separate
damage inspection report is not necessary.
FHA disaster inspections on properties located within a Declared Disaster Area or in areas for which
HUD/FHA have issued a notification that an appraisal update or inspection is required due to a
disaster must:
Have a damage inspection report that identifies and quantifies dwelling damage and complies with
the following requirements:
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A final exterior inspection or appraisal update signed and dated by the original appraiser and
includes exterior photos.
o Appraisal Update, form Fannie Mae 1004D, Disaster Inspection, or
o Completion Report, form Freddie Mac 442, or
Property Inspection Report with exterior photos
o Form Fannie Mae 2075, or
o DAIR
o Be completed by an FHA Roster Appraiser in good standing with geographic competence in
the affected market may be used, even if the inspection shows no damage to the property If
the Mortgagee uses a different appraiser to inspect the Property, the appraiser performing the
damage inspection must be provided with a complete copy of the original appraisal.
If the re-inspection notes that the property is uninhabitable, unsound, or that the property condition has
been affected by the disaster, then a new appraisal must be completed, including an interior inspection
and interior and exterior photos showing that all identified damages and associated repairs have been
resolved and meet FHA Handbook 4000.1, II.A.7.c - Inspection and Repair Escrow Requirements for
Mortgages Pending Closing or Endorsement in Presidentially-Declared Major Disaster Areas .
Loans without Appraisals Not Yet Purchased: (See table below)
If a property is in a Declared Disaster Area and the date of issuance of the PIW\ACE is on or before the
incident period end date, or an incident period end date has not yet been declared, then, subject to the
applicable product matrix and investor requirements, Lakeview Loan Servicing requires that an
acceptable property inspection dated after the declared incident period end date be completed prior-to-
purchase confirming the property was not adversely affected by the disaster prior to our purchase of the
loan.
The inspection document provided must address the specific disaster and indicate any apparent damage
to subject property. Inspection reports may not be used to estimate or recertify value.
Loans without Appraisals
Program
Applies to:
Property Inspection Requirements
Loans Not Closed
Loans Closed - Not
Purchased
Fannie Mae
Loans with a Property
Inspection
Waiver (PIW) or any other Fannie
Mae loan without an appraisal.
An acceptable property inspection with
exterior photos dated after the incident end
date is required and must indicate that the
property has not been impacted by the
disaster, or
A Seller Certification meeting Lakeview
requirements as outlined above.
If the re-inspection indicates no damage, then
the PIW may be exercised.
Freddie Mac
Loans with an
automated
Collateral Evaluation
(ACE)
or any other Freddie Mac
loans without an appraisal.
FHA
FHA Streamline
An acceptable property inspection with
exterior photos dated after the incident end
date is required and must indicate that the
property has not been impacted by the
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disaster, or
A Seller Certification meeting Lakeview
requirements as outlined above.
VA
VA IRRRL
An acceptable property inspection with
exterior photos dated after the incident end
date is required and must indicate that the
property has not been impacted by the
disaster, or
A Seller Certification meeting Lakeview
requirements as outlined above.
If the re-inspection notes that the property is uninhabitable, unsound, or that the property condition has
been affected by the disaster, then a new appraisal must be completed, including an interior inspection
and interior and exterior photos showing that:
All identified damages and associated repairs have been resolved and meet applicable investor
guidelines (Fannie Mae, Freddie Mac, FHA, & VA) and,
The property is habitable, sound, and the property value is supported.
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Chapter 6 Shipping and Delivery Methods
This chapter describes the processes for Prior Underwriting Approval, delivery, or funding of Loans.
Chapters 6A through 6B focus primarily on process, and do not define or alter the actual Loan Program
purchase criteria and eligibility standards. For product-specific information on loan criteria and eligibility,
please refer to the current product matrices. Chapter 6C includes detailed information regarding processes
related to the funding of loans, including wire transfer instructions. Following these instructions will help to
speed the funding of your loans.
600 Descriptions of Underlying Chapters
Chapter 6A Methods of Delivery
Chapter 6B How to Deliver
Chapter 6C Funding Requirements and Wire Instructions
Chapter 6A Methods of Delivery
This section describes alternative methods that Sellers may utilize to deliver loans to Lakeview.
A600 Image Delivery through Seller Portal
To submit a closed loan image file, upload the documents to the Seller portal at
www.LakeviewCorrespondent.com. For more detailed information on how to deliver image files, refer to
the File Upload Utility document located in the Reference Library.
1. The upload images function enables the import of the following types of documentation:
o Appraisals
o Credit file
o Closing file
o Credit and Closing files
o Trailing/ Suspense Documents
2. Image files must be in PDF or TIFF formats only.
o PDF format is preferred
o Security Restrictions or bookmarks on PDF Files are not permitted
o TIFF format should be multi-page (typically Group IV TIFF format)
o All file documents should be within one electronic file
o Zip files, folders or password protected documents may not be uploaded, this will
cause a delivery failure after receiving a successful upload
o Adobe PDF Package files (is a PDF packaging similar to a zip file) may not be
uploaded or transferred
3. Our naming convention must be followed before uploading files.
o The beginning of the file name should be the Seller loan number followed by an
underscore (e.g. 1234567890_Smith_Closing_Pack.pdf)
o Do not include any special characters in your file name (e.g. ‘ ^ @ # $ & ( ) = +)
o A period should only be used once as part of the file extension (ex: .pdf)
o Use an underscore in lieu of space (underscores should never be part of the loan
number)
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o Trailing/suspense documents should be named with “_TDOC” behind the loan
number (e.g. 1234567890_TDOC.pdf)
o A description can be added after the loan number if uploading multiple documents for
the same loan (e.g. 1234567890_Appraisal.pdf, 1234567890_Bank_Statment.pdf,
1234567890_TDOC_FinalHUD, 1234567890_TDOC_1.pdf)
4. Original recorded documents cannot be uploaded.
5. Appraisals must be in a PDF format and uploaded separately from the loan file.
6. Indexing or doc typing is not required or accepted.
7. Image Upload provides an immediate confirmation of delivery
8. Once a Loan image file is uploaded for a prior approval or closed Loan file, supplemental
documents such as suspense conditions may be uploaded regardless of where Lakeview is in the
review process.
A601 Paper Delivery Delegated Only
1. Shipping Labels/ File Identification
o Every loan file should be submitted with labels identifying:
Lakeview loan number
Seller Name and ID
Borrower's Name
Suite Number
o Boxes/envelopes delivered with multiple files should contain a shipping inventory of
files
2. Delivery Addresses
o For More information on specific Delivery addresses, access the How to Deliver section
of this guide
Chapter 6B How to Deliver
This section outlines the process for delivery of Non-Delegated underwritten loans, Prior Underwriting
Approval, Exceptions, Closed Loan Files, Post Acquisition as well as other documentation. This section's
primary focus is on process, and does not define or alter the actual Loan Program purchase criteria and
eligibility standards, which are contained in other chapters of this Seller Guide.
B600 Non-Delegated Underwriting Loan Submissions
Register the Loan within the Lakeview Non-Delegated Underwriting Portal.
Upload the loan images through the Lakeview Non-Delegated Underwriting Portal utilizing the
portal handbook housed here.
Utilize the Non-Delegated Loan Submission Checklist for document requirements by product
type.
Seller is not required to submit or forward an original file for any loan credit file that has been
submitted through Image Upload.
1. Image Upload Prior Approval Underwriting Delivery
The following file types may be uploaded for Prior Approval Underwriting review:
o Credit File
o Appraisal File (must be in a PDF format - no size restriction)
o Trailing/ Suspense Documents
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B601 Prior Approvals
Register the Loan with Lakeview.
If required, obtain DU or LP recommendation.
Process the Loan according to findings.
Use the findings report to assemble the package. If the Loan is not submitted to DU or LP,
use the Lakeview Underwriting Checklist to assemble the package.
Placement of the Lakeview Loan Submission Cover sheet
1. Image Delivery: form should be included in the imaged file, if possible
2. Paper Delivery: on the top, right side of the package.
If applicable, place Loan in a FINAL status in DU or in FINAL ASSIGNMENT in LP.
To submit the file to Lakeview, select from the following methods:
o Image Delivery
o Paper
Seller is not required to submit or forward an original file for any Loan credit file that has been
submitted through Image Upload.
1. Image Upload Prior Approval Underwriting Delivery
The following file types may be uploaded for Prior Approval Underwriting review:
o Credit File
o Appraisal File (must be in a PDF format - no size restriction)
o Trailing/ Suspense Documents
2. Paper Delivery for Prior Approval Underwriting
If mailing, overnight the package to:
Lakeview Loan Servicing, LLC c/o MRN Cubed, LLC
6201 Technology Drive, Suite 104
Frisco, TX 75034
Lakeview requires a copy of the credit file; do not send any original documentation in the file
with the exception of the Appraisal.
Appraisals may be uploaded in a PDF format on the Lakeview Seller website.
Submission of Trailing or Suspense documents must be made via Seller Portal.
B602 Closed Loan
After Seller has entered into a Commitment, the normal stages of the delivery and subsequent funding
process for a Loan are as follows:
Seller closes the Loan and submits the Funding Documents for the Loan to Lakeview.
Lakeview reviews and determines acceptance of the Funding Documents; if necessary, Seller
submits corrected or additional Funding Documents.
If the Funding Documents have been accepted and approved by Lakeview, Lakeview funds the
Loan purchase.
For final documents, if applicable, see Final Documents section.
Closing and Credit must be received on or before the Delivery Expiration Date
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For Closed Loan, the following methods of delivery may be utilized:
Image Delivery
Paper
1. Image Upload of Closed Loan File through Delegated Correspondent Portal
The upload images function will allow the import of the following types of documentation.
o Appraisals
o Credit and Closing files
o Trailing/ Suspense Documents
Image files must be in PDF or TIFF formats only.
o TIFF format should be multi-page (all file documents should be within one electronic file,
typically Group IV TIFF format)
o All file documents should be within one electronic file
Appraisals must be in a PDF format and are limited to 5MB.
Indexing or doc typing is not required.
2. Submitting a Closed Loan File through Overnight Mail Delegated Only
Ship a complete full file (credit and closing) to:
Lakeview Loan Servicing, LLC
507 Prudential Rd
Mail Stop S142
Horsham, PA 19044
Attn: Lakeview Correspondent
Sellers are encouraged to use the Lakeview Delivery File Checklists when submitting Closed
Loans for review and purchase.
Using our Delivery File Checklists ensures submission of the required and correct documentation
as applicable for product/program
Delivery File Checklists can be found in the Reference Library.
To help ensure accurate processing, Seller should submit closed loan files with labels identifying:
o Lakeview Loan number
o Seller ID and name
o Borrower's name
3. Delivery of Original Notes:
Lakeview will require a Bailee Letter to be submitted with the delivery of the Original Note.
o Bailee letter must be issued in the name “Lakeview Loan Servicing, LLC or its
Custodian, Wells Fargo”
Wire instructions will be required in lieu of the Bailee Letter on the following approved Exceptions:
o Sellers with Tri-Party agreements
o Sellers with a Master Bailee
o Sellers with a Regulated Financial Institution parent
o Warehouse Banks not issuing Bailee Letters
In these cases, Wire Instructions should be delivered with the Original Note.
Original Notes and either the Bailee letter or Wire Instructions should be delivered to the following
address by the delivery expiration date:
TPO - Agency Delivery
Lakeview Loan Servicing, LLC
507 Prudential Rd
Mail Stop S142
Horsham, PA 19044
Attn: Lakeview Correspondent
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B603 Final Documents
This chapter describes the process for Sellers to deliver Final Documents to Lakeview.
1. Delivery of Final Documents
Seller must include the Final Documentation Transmittal with the shipment of documents and the
Lakeview loan number on all final documents and communications regarding a loan.
The loan number can be found on the Purchase Advice, at www.lakeviewcorrespondent.com
Seller must deliver all final documents to Lakeview for each loan sold within 120 days from the
funding date. See Final Document Fee section below for more details.
2. Original Recorded Documentation Exceptions
The final documents for each loan are the following original recorded documents (subject to the
differences below):
Security instrument and any required addendums or riders
Intervening assignments, including any recorded assignment to MERS, if applicable
Where the original security instrument or intervening assignment has been retained by the
controlling jurisdiction: Lakeview will accept a county certified copy, provided it contains an
original certification by the judicial or other governmental authority of the jurisdiction where the
security instrument was recorded.
Consolidation, Extension, and Modification Agreement, if applicable
Modification Agreement, if applicable
Any other original recorded documents specific to the property type (e.g., condos, co-ops) and/or
applicable to lien perfection
Original Title Insurance Policy or Short Form Title Policy
If the original Title Insurance Policy is not available to Seller: Seller may, in lieu of delivering the
original Title Insurance Policy, deliver a duplicate original with jacket signed (or counter signed)
by the issuing title insurance company, which must include Schedules A & B and all applicable
conditions and stipulations or comparable information.
If the title insurance carrier offers an electronic verification service: electronic verification is
acceptable in lieu of the original policy.
For a Loan secured by Mortgaged Premises located in the State of Iowa, only an Iowa Title
Guaranty issued by the Iowa Finance Authority is acceptable.
Loan Guaranty Certificate (LGC) for VA Loans (copy)
Mortgage Insurance Certificate (MIC) for FHA Loans (copy), issued by HUD no later than 60 days
after loan settlement or funds disbursement to the borrower(s), whichever is later, on loans with
delegated underwriting
Loan Note Guarantee (LNG) for USDA loans provided within 30 days of the Note date
3. Final Documents Mailing Information
Seller is solely responsible to ensure delivery of all final documents.
TPO / Agency Delivery
Indecomm Global Services
FD-BV-9902
1427 Energy Park Drive
St. Paul, MN 55108
Attn: Final Docs
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Note: For MSR sales, please use finaldocs@pingorafund.com. The above address is NOT to be
used for MSR sales.
Sellers may email loan documents to Indecomm at bayview.docgenius@indecomm.net. In addition,
documents can be uploaded directly to the Indecomm DocGenius portal at
https://dmg.indecomm.net/ViewPointUpload/. Any document delivered via SFTP or email must be
subsequently sent as a physical copy to the address listed above.
Sellers are encouraged to create an online Indecomm account to access reporting, retrieve
document status, or set up SFTP connections for delivery. Please contact the Indecomm support
team at DocGeniusAdmin@indecomm.net for further information.
All questions or inquiries regarding recorded mortgages, final title policies, and assignments should
be emailed to BayviewTeam@indecomm.net.
4. Final Document Fee Schedule
Final documents must be delivered within 120 days of the purchase date. Failure to deliver within this
timeframe will result in a $100 per final document penalty. Every 60 days thereafter, when a final
document remains outstanding, an additional penalty of $100 will be assessed per missing document.
If, after 240 days from purchase, all required documents have not been provided, Lakeview will
attempt to obtain the missing documents and in turn, itemize and invoice the Seller.
5. Receipt, Review and Acceptance of Final Document
Lakeview will review all final documents for compliance with this Seller Guide and the terms of the
commitment. Lakeview may provide Seller with a written demand requiring corrections or additional
final documents. Seller must respond with the corrected or additional final documents within the
timeframe specified in the written demand.
Seller's failure to deliver within the designated time may give cause for Lakeview, at its option, to
instigate any or all of the following:
Suspend Seller's approval status
Declare a default for the affected Loans and demand repurchase
Declare a general default under the terms of this Seller Guide
Charge penalty fees up to and including all costs incurred by Seller to obtain missing documents
6. Further Assurance Documents
In order to allow Lakeview to receive the full intended benefit of the purchase of the loan, Lakeview
reserves the right to demand delivery of further documents over and above the standard Final
Document set where reasonably determined by Lakeview to be necessary for either:
Lakeview's or a subsequent owner's enforcement of the mortgage
Lakeview's ability to resell or securitize the loan, or
The servicing of the loan (the “Further Assurance Documents”)
Lakeview may make demands on Seller for Further Assurance Documents at any time after Lakeview
has accepted the final documents. Seller must provide those Further Assurance Documents that are
in Seller's possession or control, or which are reasonably obtained by Seller, within 15 days of
Lakeview's demand. If Seller is unable to comply with a demand for Further Assurance Documents,
Seller shall promptly give written notice to Lakeview with all reasons known to Seller regarding its
inability to comply with the demand.
Seller's failure to properly comply with a demand for Further Assurance Document may give cause for
Lakeview, at its option, to instigate any or all of the following:
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Suspend Seller's approval status
Declare a default for the affected Loans and demand repurchase
Declare a general default under the terms of this Seller Guide
B604 Post Acquisition and Servicing
Post-Acquisition Adjustments
A Post-Acquisition Adjustment is a revision to a Purchase Advice after the loan has been purchased by
Lakeview. Lakeview's post-acquisition adjustment team will work directly with the Seller to resolve any
funding issues within 120 calendar days of the loan purchase date. Requests received after 120 calendar
days of the loan purchase date are not eligible for reimbursement. Sellers are encouraged to review and
reconcile their purchase advice immediately after funding to ensure accuracy.
To expedite the processing of payments, Sellers must provide a written request and supporting
documentation to PostFundingAdjustments@bayviewloans.com.
If the subject loan has been sold, paid in full or an escrow analysis has already been performed,
Lakeview is not responsible for any reimbursement to the correspondent.
Requests for reimbursements resulting from the under disclosure of monthly escrow estimates
will not be accepted. Correspondents are responsible for ensuring prudent underwriting policies
are utilized that meet agency requirements for estimating monthly escrow payments.
Loans that are currently in active forbearance are not eligible for escrow adjustments.
Invoices related to taxes, HOI and/or MI after Lakeview purchases the loan should not be paid by
the Seller. Forward these invoices to the post funding adjustment mailbox.
Please follow the below documentation guidance when submitting Post-Acquisition Adjustments.
Request Type
Documentation Needed
MI Payment Reimbursement
Copy of payment history
Tax Payment Reimbursement
Copy of tax bill and payment history
HOI Reimbursement
Copy of HOI bill and copy of check/wire sent
Escrow amount updates
Copy of PCCD
Servicing - Hazard/ Flood Loss Payee
Lakeview Loan Servicing, LLC c/o LoanCare, LLC
ISAOA/ATIMA
PO Box 202049
Florence, SC 29502-2049
Servicing Payment Mailing Addresses
East Coast:
LoanCare, LLC
PO Box 37628
Philadelphia, PA 19101-0628
West Coast:
LoanCare, LLC
PO Box 60509
City of Industry, CA 91716-0509
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Overnight Mailing Address for Payments
LoanCare, LLC
3637 Sentara Way
Virginia Beach, VA 23452
Early Pay Offs After Mortgage Loan Purchase
If the Seller, or a Servicer acting as the Seller’s agent, receives a Payoff for a Mortgage after Lakeview
funds the Seller based on the Wire Date from Purchase Advice herein known as the “Purchase Date”, it is
the responsibility of the Seller to notify Lakeview immediately. Timely notification is critical to avoid
additional costs to the Seller and to safeguard the Borrower from any negative credit impact.
1. If Lakeview is notified of the payoff within seven (7) days of the Purchase Date, the Seller
must contact Post Funding at postfundingadjustments@bayviewloans.com
Lakeview will permit the original wire to be returned, our servicer will de-board the loan and a Pair Off will
be invoiced based on our Seller’s Guide Chapter 1D.
2. If Lakeview is notified after seven (7) days from the Purchase Date, the Seller must notify our
servicer directly for a payoff quote:
a. Lakeview locked loans - ClientPayoffProcessing@myloancare.com
Should the Seller, or a Servicer acting as the Seller’s agent, fail to either (a) promptly notify Lakeview of
receipt of Payoff, (b) timely remit Payoff funds, or (c) short fund the payoff quoted by Lakeview’s servicer,
Seller will owe Lakeview any and all additional outstanding funds accrued to the Borrower’s account
during the period of delay of notice, including but not limited to interest, fees, penalties and other charges.
Lakeview does not, under any circumstances, authorize the Seller, or a Servicer acting as the
Seller’s agent, to prepare, execute, record or otherwise process a release or satisfaction on a
Mortgage Loan which Lakeview has purchased.
Interim Servicing
The Seller (or their assigned sub-servicer) is responsible for the interim servicing period of the
Mortgage Loan until such time the Mortgage Loan has been purchased by and servicing has been
transferred to Lakeview.
The interim servicing period (“Interim Period”) shall be defined as the period of time between the Wire
Date on the Purchase Advice (“Purchase Date”) and the effective date of transfer identified as the “1
st
Due to Purchaser” on the top right section of the Purchase Advice. The Interim Period includes providing
notices to the Borrower, the collection of monthly contractual payments and the disbursement of taxes,
insurance and other fees and costs due, except where otherwise explicitly stated in the Sellers Guide.
Escrow payments due within the Interim Period should be paid by the Seller and a request for
reimbursement submitted to the Post Funding Adjustments team via email at
postfundingadjustm[email protected]. See Section B604 Post Acquisitions and Servicing for
further details and requirements regarding reimbursements for escrows.
Lakeview assumes Seller will collect scheduled contractual payments that have already come due prior to
1
st
Due to Purchaser Date.
During the interim period, borrowers may opt to make additional principal reduction payments reducing
the Mortgage Loan balance beyond what Lakeview has paid the Seller for the loan. Should the
Borrower(s) make such principal reduction payments, those additional payments should be forwarded to
Lakeview as per the payment forwarding instructions listed in Lakeview’s Quick Reference Guide (QRG).
The Seller may also reach out to the postfundingadjustm[email protected] email box for
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ACH/Wire instructions or for further guidance. The Seller should email the Lakeview sub-servicer found
on the QRG with payment breakdown of the funds being forwarded for proper posting including:
1. Lakeview Loan Number
2. Borrower’s Name
3. Amount
4. How funds should be posted to the borrower’s account
Lakeview's post-acquisition adjustment team will work directly with the Seller to resolve any funding
issues within 120 calendar days of the loan purchase date. Requests received after 120 calendar days of
the loan purchase date are not eligible for reimbursement. Also see section B604 Post Acquisitions and
Servicing for further information.
First Payment Refund Research Requests
If the Seller did not receive the final contractual monthly Borrower payment due the Seller on a Mortgage
loan sold to Lakeview, the Seller may email postfundingadjustments@bayviewloans.com to research
further.
All requests should include:
The Lakeview Loan Number
Borrower’s Name
Property Address
Due Date of the missing monthly contractual payment
Upon the receipt of a request from the Seller within the first three (3) months from the date of the first
monthly payment due Lakeview, Lakeview will:
Research the Mortgage loan
o If after research it is determined Lakeview or our sub-servicer has received the
amount that totals at least an entire extra contractual monthly payment, and
o The amount was received by Lakeview or our sub-servicer no later than the 18
th
of
the month prior to the month in which the next contractual monthly payment is due
Lakeview or our sub-servicer, then
The prepaid contractual monthly payment will be reversed from the borrower’s account and
remitted to the Seller.
If the payment request is received by the Lakeview Post Funding Adjustments team more than three (3)
months after the date of the first contractual monthly payment due Lakeview on the Mortgage Loan
(whether prepaid or not), the request will not be processed.
Post-Purchase Payments Received by the Seller
Should the Seller receive payments due to Lakeview, Sellers must endorse and forward those payment to
Lakeview upon receipt.
See Quick Reference Guide for forwarding instructions or reach out to
postfundingadjustm[email protected] for ACH/wire instructions. Include the Lakeview loan number
on all checks and correspondence sent to Lakeview or our sub-servicer for processing. If sending funds
via ACH/Wire, please also email postfundingadjustm[email protected] with the Lakeview loan
number, Borrower’s Name, amount and how the funds are to be applied to each loan(s).
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Post-Purchase Non-Sufficient Funds Borrower Payment Checks
Sellers receiving notification of a returned Borrower payment for non-sufficient funds (“NSF”) on a
purchased loan payment should notify postfundingadjustm[email protected]om immediately. The
Post Funding Adjustments team will notify our sub-servicer for any refund due Seller. Please attach a
copy of NSF backup documentation to email to the Post Funding Adjustments team.
Private Mortgage Insurance Premium Remittance
For all loans purchased on or after June 9, 2016, the Seller will be responsible for making the payment to
the private mortgage insurance company or to HUD on loans for the months they are servicing
contractual payments. Lakeview will not deduct the MI payments from the Purchase Advice at the time of
purchase.
Chapter 6C Funding Requirements and Wire Instructions
This chapter describes Lakeview's processes to wire transfer payments to Seller for funded Mortgage
Loans purchased by Lakeview, and procedures for complying with Sellers' remittance obligations.
C600 Holidays
The federally recognized holidays in section 6103(a) of title 5, of the United States Code at the time of
publication of this Seller Guide are as follows:
New Year’s Day
Martin Luther King, Jr. Day
Washington’s Birthday
Memorial Day
Juneteenth National Independence Day
Independence Day
Labor Day
Columbus Day
Veterans Day
Thanksgiving Day
Christmas Day
On federal holidays’ Banks and the U.S. Postal Service do not operate and wire transfers of funds do not
occur. Federal holidays are not included in the rescission period on refinance transactions. Lakeview’s
Wire Desk is closed on all federal holidays. Any funds that would otherwise be due for wiring on a federal
holiday will be wired on the following Business Day.
Apart from the Wire Desk schedule noted above, Lakeview observes the following holidays:
New Year’s Day
Memorial Day
Independence Day
Labor Day
Thanksgiving Day
Christmas Day
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C601 Purchase Mortgage Loans at Scheduled Balance
Lakeview assumes Seller will collect scheduled payments that have already become due.
In an effort to allow correspondent lenders time to meet “Good-Bye Letter” timeline requirements,
Lakeview’s amortization trigger date is the 11
th
calendar day of each month:
For loans purchased prior to the 11
th
calendar day of each month, the effective Servicing
Transfer Date will be the 1
st
day of the month following the month of the loan purchase.
For loans purchased on or after the 11
th
calendar day of each month, the effective Servicing
Transfer Date will be the 1
st
day of the second month following the month in which the loan was
purchased.
The effective date of transfer is identified as the “1
st
Due to Purchaser” on the top right section of the
Purchase Advise.
C602 Wire Transfer Process
Prior to wiring funds to Seller, Lakeview will review the Funding Documents and make a determination
regarding completeness and accuracy. If Lakeview agrees the delivery is complete and accurate, the
following occurs:
1. Using Seller’s wire instructions, Lakeview wires the agreed-upon funds to Seller. Lakeview will make
commercially reasonable efforts to initiate each wire transfer in sufficient time to credit Seller’s
account on the scheduled Funding Date.
2. Seller may view the Purchase Advice at www.lakeviewcorrespondent.com on the day of funding.
The Purchase Advice will itemize the payments in a funding wire. Sellers may access a Purchase
Advice for Loans that fund on that day or for historical purposes. A Purchase Advice will remain on
the website for approximately one year after funding.
3. Any fees due to Lakeview will be netted from the wired funds ( e.g.: Underwriting fee; Funding fee;
Standard Flood Hazard Determination fee; MERS fee; Tax Service Fee; or Interest charges).
Seller is solely responsible for the Purchase Advice reconciliation. Seller must notify Lakeview of any
disputes immediately upon discovery. Seller must deliver any request to Lakeview for corrections to
payments due to Seller within 30 days of the due date, or the right to pursue such disputes will be
deemed waived by Seller.
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Chapter 7 Definitions
The terms defined below shall have the same meaning throughout this Seller Guide, unless the
context clearly requires otherwise.
1031 Tax Deferred Exchange
A section of the U.S. Internal Revenue code that applies to business use or investment properties
including rental, land and commercial real estate. It provides a safe and legal procedure for rolling sales
profits into new property as a non-taxable exchange. These exchanges are often referred to as Starker
exchanges.
Acord Certificate
An Acord Certificate of liability insurance is a document that an organization must have. This document
contains a summary of information about the insurance coverage. A certificate is not the same as an
insurance policy.
Acquisition Cost/Mortgage Basis
Total cost to the buyer for the real estate securing the mortgage, including the sales price, cost of any
required repairs paid for by the buyer, plus Allowable Closing Costs. Total acquisition does not include
nonrealty items, prepaid expenses (such as taxes, assessments, and insurance premiums), or seller
concessions.
Active Duty
Because of Public Law 97-66, service in the armed forces, for the purpose of Eligibility for Entitlement,
does not commence until entry in to actual active duty status regardless of any reserve duty prior to that
date OR enlistment under the Delayed Entry Program (considered in the reserves until reporting to active
duty).
Active Trade Line
The date of the last activity on the account is within six months and it is currently “open.”
Adjustable-Rate Mortgage (ARM)
A mortgage loan that allows the lender to adjust the interest rate in accordance with a specified index
periodically and as agreed to at the inception of the loan. Also referred to as a variable rate mortgage
(VRM).
Adjustment Date
The date on which the interest rate changes for an adjustable-rate mortgage (ARM).
ADP Codes (Automated Data Processing)
The ADP code identifies a specific section of the Housing Act that applies to a loan insurance program.
This code breaks down a program by its features, such as, financing type, loan amount, property type.
Affiliates
Any person or entity controlling, controlled by or under common control with a person or entity. Control
means the power to direct the management and policies of a person or entity, directly or indirectly,
whether through ownership of voting securities, by contract or otherwise; and controlling and controlled
shall have meanings correlative to the foregoing.
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Agency
Fannie Mae or Freddie Mac
Agency Guide
Fannie Mae’s and Freddie Mac’s Seller Guide as amended, supplemented, or replaced from time to time
Agreement
The relevant contract executed by the Seller that governs the sale of Mortgage Loans or assignment of
mortgage applications to Lakeview
Allonge
A separate piece of paper on which is written endorsements to a Bill of Exchange or promissory note.
This is usually done when the original document was not endorsed. The piece of paper must be securely
attached to the instrument that is being endorsed.
ALTA
American Land Title Association
1828 L Street NW, Suite 705
Washington, DC 20036
800.787.ALTA
Alternative Documentation
A documentation option that allows lenders to obtain documentation related to a borrower's income,
employment, funds for closing, and mortgage payment history directly from the borrowers, rather than
from the borrowers' employer, bank, or mortgage servicer. Samples of alternative documentation include
W-2 forms, bank statements, pay stubs, and canceled checks.
AMC Service
Appraisal Management Company Service
American Institute of Real Estate Appraisers
Mission is to advance professionalism and ethics, global standards, methodologies, and practices through
the professional development of property economics worldwide.
American Society of Appraisers
Organization established to foster professional excellence in its membership through education,
accreditation, publication and other services with an emphasis on professional ethics to protect the public.
Annual Percentage Rate (APR)
The actual cost of borrowing money expressed in the form of an annual rate to make it easy to compare
costs between lenders. The rate includes such items as the base interest rate, origination fees,
commitment fees, prepaid interest, and any other credit costs that may be paid by the borrower to obtain
the loan.
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Annualize Income
Total year-to-date income (regardless of the number of months) divided by 12.
Anti-Money Laundering Laws
All applicable federal, state and local anti-money laundering laws, orders and regulations to the extent
applicable to Seller or its agent, including without limitation the USA PATRIOT Act of 2001, the Bank
Secrecy Act and the OFAC Regulations.
Application
The application provided by Purchaser to Seller for approval as a loan correspondent
Appraisal Waiver
See also Property Inspection Waiver (PIW)
Appraisal Independence Requirements
Valuation requirements set forth in Title XIV, Subtitle F, Section 1472 of the Dodd-Frank Wall Street
Reform and Consumer Protection Act (adding Section 129E to the Truth in Lending Act 15 U.S.C. 1631 et
seq.) and any regulations promulgated pursuant thereto.
Appraiser Independence Requirements
Valuation standards published by Fannie Mae and Freddie Mac.
Appraisal Standards Board of Appraisal Foundation
Develops, interprets and amends the Uniform Standards of Professional Appraisal Practice (USPAP)
Approved Contract Underwriter
List of approved contract underwriters provided to Seller by Purchaser
ARM Mortgage Loan
A mortgage loan that allows the lender to adjust the interest rate in accordance with a specified index
periodically and as agreed to at the inception of the loan. Also referred to as a variable rate mortgage
(VRM).
Arm's Length Transaction
A transaction between a buyer and a seller and there is no degree of relationship. The parties involved
are entirely independent of each other, deal with each other as strangers, and have no reason for
collusion. Also, see Non-Arm's Length Transaction.
Assignment of Mortgage
A document sufficient under the laws of the jurisdiction where the related Mortgaged Property is located
to reflect all transfers of the Security Instrument.
ATR Ability To Repay.
The analysis of certain information that would validate sufficient ability to repay the borrowers current
obligations
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Attorney-in-fact
An individual, not necessarily an attorney, who is authorized to act for another in a specific or general
assignment. This individual has privileges afforded as under power of attorney.
Audit Completion Date
The audit completion date is defined as the day on which the credit and compliance deficiencies are
published to the correspondent via the Lakeview/Bayview client portal.
Automated Underwriting System
Desktop Underwriter (DU), Desktop Originator (DO) and Loan Prospector (LP).
Automated Valuation Model (AVM)
A model using at least one of the two following methodologies to arrive at a determination of value for real
property without the use of, or with limited intervention by a human appraiser. See also Qualified AVM.
Index or repeat sales model: A mathematical model that derives an estimate of current market value by
taking an old value from a previous sale or refinance and applying a market rate of change to reflect a
present day value. The market rate of change percentage is derived from looking at repeat sales within a
limited geographic area (i.e., 5-digit zip); by property type (e.g., condominium, detached, 2-4 unit); and
often within price bands (e.g., <50% of median price, 50-100% of median, 100 - 150% of median, and
>150% of median), for the same period as the Mortgaged Premises.
Hedonic or regression models: Also referred to as comparable sales models, these models derive an
estimate of current market value by analyzing the various characteristics of like properties (e.g., square
footage, lot size, number of bedrooms). The model then determines the impact that each characteristic
has on value by looking at the characteristics of recent sales within a limited geographic area (i.e., 5-digit
zip) and determining an appropriate formula. By applying the characteristics of the Mortgaged Premises
to this formula, a current value can be derived.
Bank Secrecy Act
A federal law, Public Law 91-508, as amended, and its implementing regulations. The Bank Secrecy Act
requires U.S. financial institutions to assist U.S. government agencies to detect and prevent money
laundering.
Best Efforts Delivery Commitment
A Commitment under which Seller has committed that it shall make best efforts to close on an eligible-for-
purchase Loan, which conforms to the Loan described in the Commitment, and that if Seller does so then
Seller shall deliver the Loan to Lakeview Loan Servicing, LLC.
Board of Governors of the Federal Reserve System
the main governing body of the Federal Reserve System. It is charged with overseeing the Federal
Reserve Banks and with helping implement monetary policy of the United States
Borrower
In a real estate purchase transaction, the borrower is the party that receives funds in the form of a loan
with the obligation of repaying the loan in full with interest, if applicable. A borrower is also referred to as a
mortgagor. The primary borrower is defined as the occupying borrower with the highest income. In the
case of a non-occupant co-borrower with a higher income, the occupying borrower would still be the
primary borrower. Also see Co-Borrower.
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Bridge Financing
A loan spanning the gap between the termination of one loan (generally short-term) and the start of
another (generally permanent long-term loan. Also referred to as gap financing.
Bridge Loan
A short-term form of second mortgage that is collateralized by the borrowers' present home (which is
usually for sale) in a manner that allows the proceeds to be used as down payment funds for closing on a
new house before the present home is sold. Also referred to as a swing loan or gap financing.
Brokers
An eligible residential mortgage company, financial institution or other financial intermediary that assigns
mortgage loan applications secured by (1-4) family dwellings for underwriting and closing in the name of
Lakeview.
Bulk Commitments
A commitment that is taken for a specified dollar amount, a specified loan program, a specified interest
rate range, and a specified number of days. Also see Best Effort Commitment.
Business Day
Any day other than a Saturday, Sunday, or any of the holidays upon which Lakeview Loan Servicing, LLC
is officially closed for business, as set forth in the Holidays section in Chapter 7C, Funding Requirements
and Wire Instructions.
CAIVRS
Credit Alert Interactive Voice Response System. The CAIVRS system provides an authorization number
that identifies if the borrower has been delinquent or is currently delinquent on any federal debt.
Cantilevered Property
A projecting structure supported at one end and carries a load at the other end or along its length.
Cash-Out Refinance Mortgage
A Loan whose proceeds are distributed for debt consolidation, cash-in-hand, payoff of non-seasoned
closed-end subordinate mortgages and payoff of Lines of Credit with cash advances in the past 12
months
CEMA
A CEMA mortgage is a Consolidation Extension and Modification Agreement that reduces costs on
mortgage recording tax costs in New York. The amount owed is based on the difference between the new
mortgage amount and the old mortgage amount instead of only the new mortgage amount.
Certificate
Certificate of Seller authorizing the execution, delivery and performance of the Agreement by the Seller.
CFPB
Consumer Financial Protection Bureau, an agency created by the Dodd-Frank Wall Street Reform and
Consumer Protection Act. The CFPB supervises certain consumer financial services companies and
large depository institutions and their affiliates for consumer protection purposes.
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Charge-Offs
A charge-off is an account deemed by a creditor to be an underperforming receivable that has been (for
accounting purposes) converted to a loss recovery account. The borrower remains contractually liable for
the unpaid balance and related charges, except if the charge-off balance is legally uncollectible, such as
following a settlement. Also known as a Profit & Loss (P&L) account and usually reflected on the credit
report as R-9, I-9, U-9. A charge-off is a major adverse credit account.
Closing Date
The date of the property purchase where the title is transferred from the seller to the buyer. Closing
occurs at a meeting between the buyer, seller, settlement agent, and other agents. On the closing date,
the seller receives payment for the property. Also known as settlement date.
Closing Protection Letter (CPL)
An indemnity given to a lender from a title insurance company, agreeing to be responsible of the closing
agent does not follow the lender’s instructions or misappropriates the loan proceeds.
CLTA
California Land Title Association
1110 K Street, Suite 100
Sacramento, CA 95814
916.444.2647
Co-Borrower
Describes any Borrower other than the first Borrower whose name appears on the Note.
Commingled Accounts
The combining or mixing of accounts or funds.
Commitment Desk
A department of Lakeview that will address questions about the sale and delivery of Mortgage Loans to
Lakeview
Common Interest Apartments
A project in which individuals have an undivided interest in a residential apartment building and land and
have the right of exclusive occupancy of a specific apartment unit in the building. The project or building is
often owned by several owners as tenants in common or by a HOA.
Commitment
A Best Efforts or Mandatory Delivery Commitment obtained by Seller from Lakeview Loan Servicing, LLC
for delivery of Loans as described in Chapter 6, Registration & Commitments.
Commitment Confirmation
Lakeview Loan Servicing, LLCs written communication to Seller confirming that Lakeview Loan Servicing,
LLC has accepted Seller’s Commitment and additional terms and conditions applicable to Lakeview Loan
Servicing, LLCs potential purchase of the Loan under such Commitment as described in the Commitment
Confirmation section in Chapter 6B, Flow Commitments.
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Commitment Period
The period of time for any particular Commitment during which Seller has committed to deliver an eligible-
for-purchase Loan which conforms to the Loan described in the Commitment.
Company
Seller
Compensating Factors
Positive characteristics of a borrower's credit, employment or savings history that may be used to offset
high debt-to-income ratios in the underwriting process.
Compliance Alert
Communication from Lakeview addressing legal requirements related to the origination of Mortgage
Loans.
Condo-Hotel
A condominium that is operated as a commercial hotel even though the units are individually owned. A
Condo-Hotel is often referred to as a condotel or a condominium hotel.
Condominium (condo)
A unit in a condominium project. Each unit owner has title to his or her individual unit, an individual
interest in the project’s common areas, and, in some cases, the exclusive use of certain limited common
areas.
Conforming Loan
A mortgage loan that meets the underwriting guidelines, loan amount limits, and regulatory parameters
set by Freddie Mac and Fannie Mae.
Confidential Information
Trade secrets, confidential and proprietary methods, techniques, processes, applications, approaches,
products, programs, policies, practices and procedures in various forms, which information is used or is
useful in the conduct of Lakeview’s business, including Lakeview’s origination, purchase, sale and
servicing of mortgage products
Contract
Loan Correspondent Purchase and Sale Agreement that incorporates the Seller Guide by reference (by
whatever name, including Seller/Servicer Agreement or Agreement) for purchase and sale of Loans
between one or more of the entities that make up Lakeview Loan Servicing, LLC and Seller, as amended,
supplemented or replaced.
Consumer
The term, as defined in the Privacy Regulations, as amended. That term is currently defined as an
individual who obtains or has obtained a financial product or service from a bank that is to be used
primarily for personal, family, or household purposes, or that individual's legal representative.
Consumer Credit Counseling (CCC)
Service that is intended for borrowers to reduce debt
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Consumer Information
Information, including nonpublic personal information, concerning an individual who obtains, from a
financial institution, financial products or services which are to be used primarily for personal, family, or
household purposes
Conventional Mortgage/Loan programs
A mortgage/Loan Program that is not insured or guaranteed by the federal government (FHA or VA).
Corporate Resolution
A corporate resolution is a corporate action, sometimes in the form of a legal document that will be voted
on or has been voted on at a meeting of the board of directors for a corporation
Corporate Trade Name Certificate
A certificate granted by a state authority that allows you to transact business under a name other than
your own
Corporation
A corporation is a state-chartered legal entity that exists separately and distinctly from its owners, who are
stockholders or shareholders. It is the most flexible form of business organization for purposes of
obtaining capital. A corporation can sue; be sued; hold, convey or receive property; enter into contracts
under its own name; and does not dissolve when its ownership changes.
There are two types of corporations - publicly owned (widely held) corporations and privately owned
(closely held) corporations. Because more than 50 percent of the outstanding stock of a privately owned
corporation is owned directly or indirectly by no more than five people, the corporation has little or no
access to public funds and must raise capital through institutional financing. Although legal control of the
corporation rests with its stockholders, they typically are not responsible for the day-to-day operations of
the business since they elect a board of directors to manage the corporation and delegate responsibility
for the day-to-day operations to the directors and officers of the company. The corporation's board of
directors or other entities that have a significant financial interest in the business determines the
distribution of profits earned by the business. However, the profits are usually filtered down to the owners
in the form of dividends. Since a stockholder is not personally liable for the debts of the corporation,
losses are limited to his or her individual investment in the corporation's stock.
Corporations must report income and losses on the U.S. Corporation Income Tax Return (IRS Form
1120), and pay taxes on the income. The corporation distributes profits to shareholders in the form of
dividends, which it reports on the Statements for Recipients of Miscellaneous Income (IRS Form 1099-
DIV), and the shareholders must then report the dividends as income on their Individual U.S. Income Tax
Returns (IRS Form 1040).
a. Limited Liability Company
A limited liability corporation is a hybrid business structure which offers its member-owners the tax
efficiencies of a partnership and the limited liability advantages of a corporation. The member-owners of
the limited liability corporation (or their assigned managers) can sign contracts, sell assets, and make
other important business decisions. The limited liability corporation operating agreement may set out
specific divisions of power among the member-owners (or managers). Although the member-owners
generally have limited liability, there may be some instances in which they are required to personally
guarantee some of the loans that the limited liability corporation obtains. Profits from the operation of the
limited liability corporation may be distributed beyond the pool of member-owners such as by offering
profit distributions to managers. The limited liability corporation must report its profits or loss on the U.S.
Partnership Return of Income (IRS Form 1065) and each member-owner's share of the profit or loss on
the Partner's Share of Income, Credits, Deductions, etc. (Schedule K-1); however, the limited liability
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corporation pays no tax on its income. Each member-owner uses the information from Schedule K-1 to
report his or her share of the limited liability corporation's net profit or loss (and special deductions and
credits) on the Individual U.S. Income Tax Return on Schedule E from IRS Form 1040 - whether or not he
or she receives a cash distribution from the limited liability corporation. Individual member-owners pay
taxes on their proportionate share of the limited liability corporation s net income at their individual tax
rates. Because profits may or may not be distributed to the individual member-owners, it must be
determined whether the borrower actually received a cash distribution from the limited liability corporation.
To quantify the level of the borrower s financial risk, determine whether the borrower has guaranteed any
loans obtained by the limited liability corporation (other than loans considered as non-recourse debt or
qualified non-recourse debt).
b. S Corporations
An S corporation is a legal entity that has a limited number of stockholders and elects not to be taxed as a
regular corporation. Business gains and losses are passed on to the stockholders. An S corporation has
many of the characteristics of a partnership. Stockholders are taxed at their individual tax rates for their
proportionate share of ordinary income, capital gains, and other taxable items. The ordinary income for
the S corporation is reported on the U.S. Income Tax Return for an S Corporation (IRS Form 1120S), with
each shareholder's share of the income reported on the Shareholder's Share of Income, Credits,
Deductions, etc. (Schedule K-1). Because this income from the distribution of corporate earnings may or
may not be distributed to the individual shareholders, it must be determined whether the borrower actually
received a cash distribution from the S corporation. The cash flow of an S corporation is otherwise
evaluated similarly to that of a regular corporation.
Counterparty Risk Management
The risk group within the Lakeview originations business unit responsible for the execution of the
approval standards established in this Policy.
CPA
Certified Public Accountant
CPM (Condominium Project Manager)
Fannie Mae’s automated system that evaluates and approves Condominium projects based on the
eligibility criteria that the user enters into the system
Credit Alert Interactive Voice Response System (CAIVRS)
The system checks the Social Security Number of all borrowers for FHA insured loans (except for
Streamline refinances) for delinquent federal debts. Additionally, it checks for suspension or debarment
from HUD's Limited Denial of Participation (LDP) list and the government-wide General Services
Administration (GSA) List of Parties Excluded from Federal Procurement or Non-procurement Programs.
Credit Documents
A subset of the Loan Documents.
Credit File
Those documents, which may be originals, copies or electronic images, pertaining to each Mortgage
Loan, which are delivered to Purchaser, which may include copies of Mortgage Loan Documents and the
credit documentation relating to the origination of such Mortgage Loan.
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Credit Limit
The maximum aggregate principal amount of advances allowed to be outstanding under the terms of the
Agreement (as defined below).
Credit Score
Also known as the FICO Score, Beacon or Empirica an index assessing the Borrower s credit history. The
Credit Score evaluates and considers only the information in a Borrower's file at a credit reporting agency.
As an index, the score reflects the relative risk of serious. Delinquency, default, foreclosure or bankruptcy
associated with a Borrower. A Credit Score is available (as an enhancement to the credit report) through
the following repositories:
Equifax and Equifax Canada
Beacon
Trans Union
Empirica
Experian
FICO
Credit Utilization
An evaluation that is done to determine the Borrower s use of revolving credit by comparing the current
balance on each open account to the amount of credit that is available. This evaluation allows Seller to
determine whether the Borrower has a pattern of using revolving accounts up to the Credit Limit. Credit
histories with a low balances-to-limits ratio generally represent a lower credit risk, while those that include
accounts with a high balances-to-limits ratio represent a higher credit risk.
Credit Philosophy
The underlying thought process that drives Lakeview decisions to create credit related items.
DBA (Doing Business As)
The operating name of a company, as opposed to the legal name of the company. Some states require
DBA or fictitious business name filings to be made for the protection of consumers conducting business
with the entity.
DD Form 13
Statement of Service document that may be issued when a veteran is still on active duty to verify military
service.
DD Form 214
A Report of Separation From Active Duty form for veterans separated after January 1, 1950.
Debt-to-Income Ratio (DTI)
All of the Borrower s applicable monthly debt divided by the Borrower s monthly income.
Deed of Trust
A written instrument legally conveying property to a trustee often used to secure an obligation such as a
mortgage.
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Delegated
Describes an underwriting arrangement where approvals are granted by Seller using Lakeview Loan
Servicing, LLC standards and guidelines set forth herein, or Fannie Mae or Freddie Mac guidelines as set
forth in their respective Seller Guide, prior to purchase by Lakeview Loan Servicing, LLC. Delegated
status is at the discretion of Lakeview Loan Servicing, LLC and is granted under separate agreement or
expressly stated in the original and/or subsequent amendment to the Loan Correspondent Purchase and
Sale Agreement.
Delinquency
Delinquency occurs when all or part of the Borrower s monthly installment of principal, interest and, where
applicable, Escrow/Impound is unpaid after the due date. A Delinquency as of the close of business of the
last Business Day before the next due date is considered a one payment or 30-day Delinquency.
Delivery Date
The date on which Lakeview Loan Servicing, LLC actually receives Seller’s Funding Documents. The
posting of the Funding Documents with the U.S. Postal Service or any other delivery service does not
constitute delivery to Lakeview Loan Servicing, LLC.
Delivery Expiration
Date that the completed closed Loan package is required to be received by Lakeview Loan Servicing,
LLC.
Department of Housing and Urban Development (“HUD”)
The Department of Housing and Urban Development, or any federal agency thereof which may from time
to time succeed to the functions thereof with regard to FHA Mortgage Insurance. The term “HUD” for
purposes of this Guide, is also deemed to include subdivisions thereof, such as the FHA.
Designated Servicer
A person or entity that has been designated by Lakeview Loan Servicing, LLC to service any Loan with
respect to which Lakeview Loan Servicing, LLC purchases the Servicing Rights.
Desktop Originator (DO) / Desktop Underwriter (DU)
Fannie Mae’s automated decisioning tool.
Direct Endorsement
HUD program whereby a lender, having successfully completed the pre-closing review phase, receives
unconditional approval from FHA and may close loans prior to submitting them to FHA for endorsement.
Director of Business Development
The Lakeview Loan Servicing, LLC associate, by whatever name, assigned to the Seller for the purpose
of facilitating the loan sale relationship under this Seller Guide. AKA an Account Executive.
Dodd-Frank Wall Street Reform and Consumer Protection Act
A federal law, public law 111-203, that established the Consumer Financial Protection Bureau and
authorizes it to supervise certain consumer financial services companies and large depository institutions
and their affiliates for consumer protection purposes.
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Domestic Partner
An eligible borrower and one other person (of the same or opposite sex) sharing a committed relationship
that includes the following features: common residence, financial interdependence, joint responsibility for
each other's welfare, and couples who consider themselves to be life partners. Roommates, siblings,
parents, and people sharing other blood relationships are not considered to be domestic partners.
Early Scheduled Transfer
The Simultaneous Sale of Servicing with the Sale Date being the date on which the Purchase Price of the
Loan is funded, and the Effective Date of Transfer being the first day of the month following the Sale
Date.
Effective Date of Transfer
The date on which the responsibility for the servicing of a mortgage Loan is assumed by the Designated
Servicer and responsibility for the servicing representations, warranties and duties are transferred to the
Designated Servicer. In the case of negotiated Bulk Servicing Acquisition of Servicing Rights, the
Effective Date of Transfer shall be the date agreed upon by Seller and Lakeview Loan Servicing, LLC. In
the case of any sale of Servicing Rights to Lakeview Loan Servicing, LLC on a Loan-by-Loan basis, the
Effective Date of Transfer:
For a Simultaneous Sale of Servicing is the first day of the second month following the Sale Date for an
Early Scheduled Transfer, in which case the Effective Date of transfer is the first day of the month
following the Sale Date
For a Post Purchase Sale of Servicing and an Early Purchase of Servicing, is the first day of the month
following the Sale Date
Errors and Omissions (“E&O”)
A type of indirect loss insurance used to cover losses that occur because of an error or neglect on the
part of an employee to whom a specific responsibility has been assigned.
ESIGN
The official text of the federal Electronic Signatures in Global and National Commerce Act, 15 U.S.C. §
7001, et seq.
Escrow/Impound
All funds collected by Seller and/or Servicer to cover expenses of the Borrower required to be paid under
the Security Instrument, including, but not limited to, taxes, special assessments, ground rents, water,
sewer and other governmental impositions or charges that are or may become liens on the Mortgaged
Premises prior to that of the Loan, as well as hazard, flood and mortgage insurance premiums.
Established Relationship
Defined as follows:
Immediate Family:
o Parents
o Siblings
o Children
o Spouse
o Grandparents
o Aunts
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o Uncles
o Domestic partner
o Fiancée or fiancé
Event of Default
The events set forth in Chapter 1D of the Guide and characterized as “Events of Default” which would
result in remedies being available to Purchaser.
Executive Order 13224
An Executive Order effective September 24, 2001, which is designed to combat terrorist activities by
restricting terrorist groups’ access to financial resources in the United States. The Executive Order
included an initial list of designated “block persons.”
FACT Act
Allows consumers to request and obtain a free credit report once every twelve months from each of the
three nationwide consumer credit reporting companies (Equifax, Experian and TransUnion). In
cooperation with the Federal Trade Commission, the three major credit reporting agencies set up the
website, AnnualCreditReport.com, to provide free access to annual credit reports The act also contains
provisions to help reduce identity theft, such as the ability for individuals to place alerts on their credit
histories if identity theft is suspected, or if deploying overseas in the military, thereby making fraudulent
applications for credit more difficult. Further, it requires secure disposal of consumer information.
Factory-built Home
Many types of housing structures are constructed right in the factory and are designed for long-term
residential use. There are five categories of Factory-built Homes which include: Manufactured Home,
Modular Home, Mobile Home, Panelized Home and Pre-cut Home and each are defined individually in
this chapter.
Fannie Mae
The government-sponsored enterprise formerly known as Federal National Mortgage Association, or any
successor thereto.
Federal Deposit Insurance Corporation (FDIC)
The Federal Deposit Insurance Corporation
Federal Emergency Management Agency ("FEMA")
FEMA provides supplemental federal disaster grant assistance for debris removal, emergency protective
measures, and the repair, replacement, or restoration of disaster-damaged, publicly owned facilities and
the facilities of certain Private Non-Profit (PNP) organizations.
Federal Home Loan Mortgage Corporation (FHLMC)
Also referred to as Freddie Mac. A quasi-governmental agency that purchases conventional mortgages in
the secondary mortgage market. It sells participation sales certificates secured by pools of conventional
loans; their principal and interest are guaranteed by the federal government through Freddie Mac. It also
sells GNMA bonds to raise funds to finance the purchase of mortgages.
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Federal Housing Administration (FHA)
The Federal Housing Administration, an agency within the Department of Housing and Urban
Development, or any successor thereto. FHA was established in 1934 to increase home ownership by
providing an insurance program to safeguard lenders against borrower default. The FHA sets standards
for property construction and credit underwriting, but it does not lend money, plan or build housing
Federal National Mortgage Association (FNMA)
Also referred to as Fannie Mae. A government-sponsored private corporation created by Congress to
support the secondary mortgage market. It is the largest purchaser and seller of conventional residential
mortgages, as well as mortgages insured by the FHA or guaranteed by the VA.
Federal "Privacy of Consumer Financial Information" Regulation- "Privacy Regulation"
Regulations issued pursuant to Gramm-Leach-Bliley Act, 12 CFR Part 40, as amended, governing the
disclosure of nonpublic personal information about consumers
Fee Simple
The greatest possible interest a person can have in real estate including the right to dispose of the
property or pass it on to one’s heirs.
FHA MIC
FHA Mortgage Insurance Certificate evidencing that FHA has insured the loan.
FHA Case Number
The 13-digit number used to identify the case on HUD/FHA's records during processing and, if insured,
through the life of the loan. The number consists of: The 3-digit prefix that identifies the state and the
HUD/FHA field office where the loan was accepted for processing. The 7-digit case serial number. The 3-
digit suffix that identifies the loan as an ARM or fixed rate.
FHA Loan
Any Mortgage Loan that is subject to an insurance policy granted by the FHA and is eligible for
reimbursement under the insurance policy.
FHA MIC
FHA Mortgage Insurance Certificate evidencing that FHA has insured the loan.
Fidelity Bond Insurance
A liability insurance coverage for loss caused by dishonest or fraudulent acts committed by persons
covered by the policy.
FIRREA
The Financial Institutions Reform, Recovery, and Enforcement Act of 1989, Public Law 101-73, as
amended. Title XI of FIRREA sets forth, among other requirements, minimum standards for the
performance of real estate appraisals in connection with federally related transactions.
First Lien
A lien that grants to the lienholder a claim against the property that, under the law of the jurisdiction where
the Mortgaged Premises are located, is prior to the rights of all others.
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First Lien Mortgage
A legal claim against property that must be satisfied first when the property is sold. A claim of money
against a property, wherein the value of the property is used as security in repayment of a debt. A lien
release is a written report of the settlement of a lien and is recorded in the public record as evidence of
payment.
First Lien Mortgage Loan
A mortgage loan secured by a first lien on a one-to-four family residence.
First-time Homebuyer
A Borrower who has had no ownership interest in a residential property during the three-year period
preceding the date of the subject Note or has a scheduled mortgage payment history of less than 12
months.
Flood Insurance
Insurance that compensates the property owner for physical property damage resulting from flooding.
Flood insurance is required if the property improvements are located in federally designated Special
Flood Hazard Areas. If the land is in the flood hazard area, but the improvements are not, flood insurance
is not required.
Forbearance, Rearrangement, or Workout
A forbearance on a mortgage will be considered as a foreclosure for grading purposes. An agreement to
forbear, workout or otherwise rearrange the terms or debt shall not change the fact that such debt was
not paid as agreed in accordance with its original terms; this is true even if the debt was subsequently
paid as agreed in accordance with the rearranged terms. This fact must be considered in determining
whether a new Loan satisfies Lakeview Loan Servicing, LLCs underwriting requirements.
Foreign National
A citizen of another country who visits the United States periodically and is purchasing a property to
reside in during visits to the U.S. A foreign national is not a permanent or non-permanent resident alien,
and does not have full or partial diplomatic immunity.
Freddie Mac
The government sponsored enterprise formerly known as the Federal Home Loan Mortgage Corporation,
or any successor thereto.
Frozen Credit
In certain circumstances, a Borrower has the right to freeze his or her credit information at one or more of
the three national repositories, prohibiting a third party gaining access to their credit information.
Full-gut Rehabilitation
The renovation of a property down to the shell with replacement of all HVAC and electrical components.
Funding Amount
The funds wire transferred to Seller on the Funding Date in payment for any Loan and Servicing (if
applicable) sold by Seller to Lakeview Loan Servicing, LLC.
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Funding Date
The date the Funding Amount is wire transferred to Seller in payment for any Loan and Servicing (if
applicable) sold by Seller to Lakeview Loan Servicing, LLC
Funding Documents
The documents required for funding.
GAAP
Generally accepted accounting principles in effect from time to time in the United States.
Ginnie Mae
The Government National Mortgage Association and any successor thereto.
Governmental Authority
Any foreign, domestic, federal, territorial, state, or local governmental authority, quasi-governmental
authority, instrumentality, court, government, or self-regulatory organization, commission, tribunal or
organization or any regulatory, administrative or other agency, or any political or other subdivision,
department or branch of any of the foregoing and, for purposes of determining Seller’s obligations and
Purchaser’s rights, shall include the rules, regulations and any order, ruling, decision, verdict, decree,
writ, subpoena, mandate, precept, command, directive, consent, approval, award, judgment, injunction, or
other similar determination or finding by, before, or under the supervision of HUD, FHA, VA, CFPB,
Fannie Mae and Freddie Mac.
Government Loans
Those loans guaranteed or insured by an agency of the United States government.
Government Sponsored Enterprise (“GSE”)
Fannie Mae or Freddie Mac
Gramm-Leach-Bliley Act
A federal law, 15 U.S.C. 68026809 governing the disclosure of nonpublic personal information about
consumers.
Guarantor or Co-Signer
A party who is secondarily liable for another's debt or performance (in a contrast to a surety who is
primarily liable with the principal debtor).
Guide
The relevant guide incorporated by reference in its entirety into the Agreement executed by the Seller.
This Lakeview Loan Servicing, LLC Seller Guide, as amended, supplemented or replaced
HAWK Alert, SafeScan, FACS
Service provided by credit vendors for the purpose of fraud prevention. These services provide red flag
messaging that needs to be addressed in the loan file.
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Hazard Insurance
Insurance coverage that compensates for physical damageby fire, wind, or other natural disastersto
the property.
HELOC
Home Equity Line of Credit
Higher-Priced Mortgage Loan (HPML)
A first-lien Mortgage secured by a Primary Residence that has an annual percentage rate (APR) of 1.5%
or more above the average prime offer rate (APOR) for a comparable transaction as of the rate lock date.
APR and APOR are both defined in Regulation Z of the Board of Governors of the Federal Reserve
System. The APOR is published at least weekly by the Federal Reserve Board and is derived from pricing
terms obtained from a survey of prime mortgage lenders.
Home Mortgage Disclosure Act (HMDA)
The Home Mortgage Disclosure Act (HMDA), implemented by Federal Reserve Regulation C, is intended
to provide the public and regulatory agencies with loan data that can be used, among other things, to
assist in determining to what extent financial institutions are servicing the housing needs of their
communities and identifying possible discriminatory lending patterns and enforcing anti-discrimination
statutes.
Homeowners Association, Homeowners' Association (HOA)
An owners group that manages common areas whether in a PUD, condominium, or single family
subdivision that establishes general guidelines for the operation of the community, as well as its
standards.
Home Ownership and Equity Protection Act of 1994 ("HOEPA")
A federal law, 15 U.S.C. 1601 note, as amended, and its implementing regulations. The law imposes
disclosure requirements and substantive limitations on certain closed-end mortgage loans bearing rates
or fees above a certain percentage or amount.
Homeowners Protection Act (HPA)
A law designed to reduce the unnecessary payment of private mortgage insurance (PMI) by homeowners
who are no longer required to pay it. The Homeowners Protection Act mandates that lenders disclose
certain information about PMI. The law stipulates that PMI must be automatically terminated for
homeowners who accumulate the required amount of equity in their homes.
HUD-1
Also known as the "settlement sheet," or "closing statement," the HUD-1 itemizes all closing costs. It must
be given to the borrower at or before closing. Items that appear on the statement include real estate
commissions, loan fees, points, and escrow amounts.
Individual Assistance
Disaster assistance is money or direct assistance to individuals, families and businesses in an area
whose property has been damaged or destroyed and whose losses are not covered by insurance. It is
meant to help you with critical expenses that cannot be covered in other ways.
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This assistance is not intended to restore your damaged property to its condition before the disaster.
Individual Assistance must be identified on the disaster notification.
Inherited Property
A real property that passed to an heir on the death of the owner.
Insurer
FHA, VA or any private mortgage insurer which insures or guarantees any of the Mortgage Loans and
providers of hazard, title or other insurance with respect to any of the Mortgage Loans or Mortgaged
Property.
Interagency Guidance on Nontraditional Mortgage Product Risk
Guidance issued by the federal financial regulatory agencies at 71 FR 58609 on September 29, 2006 to
address the risks posed by residential mortgage products that allow borrowers to defer repayment of
principal and sometimes interest, such as “interest only” mortgages and “payment option” adjustable-rate
mortgages.
Interest
A fee charged for the use of borrowing money.
Interested Party
Person or entity who benefits from the completion of the property sales transaction and may be the
property seller, builder, developer, real estate agent, or lender.
Intermittent Lates
A pattern of late payments that is not consecutive, but is broken into intervals. For example, a mortgage
rating with a three-month history reflecting the following is considered 2x30 for grading purposes:
First Month: 30-day Delinquency
Second Month: Current
Third Month: 30-day Delinquency
Inter Vivos Revocable Trust
Inter vivos is the Latin term for "between the living." This means it is a trust that an individual creates and
becomes effective during his or her lifetime, but can be changed or canceled at any time for any reason
during the creator's lifetime. Inter vivos revocable trusts are created by individuals while they are still living
as an estate planning tool. The inter vivos revocable trust, also called a family trust, living trust, or
revocable living trust, can be used as an alternative form of property ownership. A trust is referred to as
revocable when the individual who created it, usually called the grantor, trustor, or settlor, can change or
cancel it at any time, for any reason, while they are still living. This ability to revoke the trust, or
revocability, is important because it allows the grantor/trustor/ settlor, who would otherwise own the
property directly, to retain control of the property.
Interim Financial Statements
A financial statement prepared before the end of the current fiscal period and covering only financial
transactions during the period to date.
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Investor
Fannie Mae, Freddie Mac, Ginnie Mae, and/or a Private Investor, as applicable
Investment Securities
A project in which unit ownership is characterized or promoted as an investment opportunity, and/or
projects that have documents on file with the Securities and Exchange Commission (SEC).
IRA, SEP-IRS, Keogh
Individual retirement plans that are owned by the borrower.
IRS
Internal Revenue Service
Lakeview Mortgage Loan Programs
The types of loan products and underwriting authority offered by Purchaser, [as described in the Product
Matrices].
Land Contract of Sale
An agreement between buyer and property seller in which the seller retains title to the property until all or
a specified part of the sales price has been paid to the seller. If recorded, the buyer will show on title as
having an interest in the property. Also known as Installment Land Contract or Contract for Deed.
Land-to-Value
The ratio that results when the lot value indicated on the appraisal report is divided by the value of the
Mortgaged Premises.
Land Trust
A land trust is an arrangement by which title to real estate is transferred to a trustee, but the full
management and control of the property is retained by the beneficiaries of the trust. The trustee is named
as owner of the property in the Security Instrument and is the borrower of record on the loan, even though
the trustee is not personally liable for repayment of the loan
Leasehold
An estate or interest in real property held by virtue of a lease.
Lease Purchase Agreement
An arrangement whereby the tenant agrees to rent the property from the landlord for a set amount for a
set period of time with the option for the tenant to purchase the property for a pre-determined agreed
upon amount.
Legal Documents
A subset of the Loan Documents.
Legal Proceedings Description
A complete written description of any legal proceedings pending against Seller, or of which Seller’s
property is the subject, that, if adversely determined, could have a material adverse impact on Seller's
financial condition or its continuing ability to sell Mortgage Loans to Lakeview or would affect the
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enforceability of any Mortgage Loan (including any similar proceedings known by Seller to be
contemplated by governmental authorities) for inclusion in a prospectus or other disclosure document
pursuant to Regulation AB or any successor regulation, certified as to accuracy by an officer of Seller.
LDP/GSA Lists
Limited Denial Participation/Government Services Administration List that is managed by the
government that identifies certain excluded parties that are not permitted to be on the loan transaction.
LGC
Loan Guaranty Certificate evidencing that VA has guaranteed the loan.
Life Estate
A life estate is an interest in real estate held by an individual who is limited to the duration of the life of the
individual holding the interest.
Lifetime Cap
The maximum interest rate increase or decrease over the term of the Loan
Limited Denial or Participation ("LDP")
The Limited Denial or Participation (LDP) list is one maintained by HUD showing those parties excluded
from further participation in a HUD program area.
Limited Power of Attorney
A type of legal document authorizing a person or an organization to act on behalf of another person. The
person or organization that is appointed is referred to an Attorney-In-Fact.
Limited Power of Attorney Forms
The form of the legal document authorizing a person or an organization to act on behalf of another person
provided by Seller.
Lis Pendens
A notice of public record indicating that the real property is in litigation and in danger of an adverse
judgment.
Loan
A residential mortgage loan or line of credit sold or intended to be sold by Seller to Lakeview Loan
Servicing, LLC and that meets or is intended to meet all the requirements of this Seller Guide. The term
Loan includes all of the Seller s rights, title and interest in and to the Loan, including but not limited to the
Servicing Rights, Note, the Loan Documents, the Loan file and all other material and information collected
by Seller in connection with the Loan.
Loan Correspondent Purchase and Sale Agreement
The relevant contract executed by the Client that governs the sale of closed mortgage loans or
assignment of mortgage applications to Lakeview
Loan Documents
Includes originals and copies of the appraisal, the Security Instrument, the Note and all other documents
described in the Loan Documents and Notes of this Seller Guide.
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Loan File
Includes originals and copies of the appraisal, the Security Instrument, the Note and all other documents
described in the Loan Documents and Notes of this Seller Guide
Loan Program
Any one or more of the Loan Programs pursuant to which a Seller may sell Loans in accordance with this
Seller Guide. The Loan Programs are described in our Product Matrices.
Loan to Value ("LTV")
The ratio of the loan amount to the value of the Mortgaged Premises. The Combined Loan-to-Value
(CLTV) is the ratio of the Loan amount plus any Secondary Financing to the value of the Mortgaged
Premises
Lock Expiration
Date that the locked Commitment expires.
LPMI
Lender Paid Mortgage Insurance aka Lender-Purchased Mortgage Insurance: Mortgage insurance
coverage for a conventional mortgage loan that the lender pays for by using its own funds, rather than
requiring the borrower to include periodic accruals for such coverage as part of his or her mortgage
payment.
Maintenance of Records
The requirements in the Guide applicable to the Seller's responsibility to maintain adequate records of all
Mortgage Loans submitted to Lakeview.
Mandatory Delivery Commitment
A Commitment under which Seller has committed to deliver an eligible-for-purchase Loan, which
conforms to the Loan described in the Commitment.
Manually Underwritten
Loans that are underwritten without the use of Automated Underwriting Systems where guidelines are
manually applied by the underwriter rather that the automated system returning the findings.
Manufactured Home
A home built entirely in the factory under a federal building code administered by the Department of
Housing and Urban Development (HUD) is classified as a Manufactured Home . These homes are
constructed to meet the Federal Manufactured Home Construction and Safety Standards Act (HUD Code)
which have been in effect since June 15, 1976.
Margin
The amount added to the index value to create the mortgage interest rate for an ARM Loan.
MARI
Mortgage Asset Research Institute, provider of MIDEX
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Master Association
A Master Association is a HOA in a large condominium project that consists of representatives from
associations covering specific areas within the project. It is a second level association that handles
matters affecting the entire development, while the first level association handle matters affecting their
particular portion of the subject development. If a project is part of the Master Association and the Master
Association operates as a hotel, resort, motel, inn or lodge the entire project is ineligible.
Mello Roos
A Mello-Roos District is an area where a special property tax on real estate, in addition to the normal
property tax, is imposed on those real property owners within a Community Facilities District. These
districts seek public financing through the sale of bonds for financing public improvements and services.
These services may include streets, water, sewage and drainage, electricity, infrastructure, schools, parks
and police protection to newly developing areas. The tax paid is used to make the payments of principal
and interest on the bonds.
MERS (Mortgage Electronic Registration System)
MERSCORP or Mortgage Electronic Registration Systems, Inc. and the MERS® System. An electronic
registration system that tracks the mortgage rights of a loan.
MERS Designated Mortgage Loan
A Mortgage Loan that is registered with MERS.
MERS Investor
An “Investor” as such term is defined in the MERS® OnLine User Guide issued by MERS, as the same
may be amended or replaced.
MERS Org ID
The 7 digit number that identifies the party that generated the MIN.
MI
Mortgage insurance, which is insurance needed for mortgages with low down payments (usually less than
20% of the price of the home).
MI Company
An insurance company that provides mortgage insurance
MIDEX
Mortgage Industry Data Exchange, a tool used to help subscribers defend against mortgage fraud,
MIN
An 18-digit identifier that MERS assigns to each registered mortgage, which is used to track the mortgage
within MERS’ electronic system.
Mixed Use Property
A mixed-use property is a property that has a business use in addition to its residential use, such as a
property with space set aside for a day-care facility, a beauty or barbershop, a doctor's office, and so on.
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Mobile Home
Mobile Home is a term applied to homes built prior to June 15, 1976 when the HUD Code went into effect.
In many cases these homes were built to voluntary industry standards. Lakeview Loan Servicing, LLC
does not consider Mobile Homes to be an eligible property type under any Loan Program.
Modification
The act of changing any of the terms of the mortgage by agreement between the borrower and the note
holder
Modular Home
Modular Homes are Factory-built Home constructed to the state, local or regional building codes where
the home will be located. Modular Homes are multi-sectioned units that are transported to the site and
installed.
Monthly Payment
The monthly payment of principal and interest collected by mortgage lenders. This may also include
escrow items for taxes and insurance and is therefore called the housing payment.
Mortgage
Collectively, the security instrument, the note, the title evidence, and all other documents and papers that
evidence the debt (including the chattel mortgage, security agreement, and financing statement for a co-
op share loan).
Mortgage File
A file that includes originals and copies of the appraisal, the Security Instrument, the Note and all other
documents described in the Loan Documents and Notes of this Seller Guide
Mortgage Insurance Premium
A monthly payment, usually part of the mortgage payment, paid by a borrower for mortgage insurance.
Mortgage Interest Rate
The rate of interest in effect for the periodic installment due. For fixed-rate mortgages or for ARMs that
have an initial fixed-rate period, it is the rate in effect during that period. For ARMs after any initial fixed-
rate period, it is the sum of the applicable index and the mortgage margin (rounded as appropriate and
subject to any per-adjustment or lifetime interest rate ceilings).
Mortgage Loan
First-lien, residential, mortgage loans secured by one-to-four family dwellings sold on a servicing released
basis pursuant to the Agreement. A Mortgage Loan includes without limitation the Loan File, the Monthly
Payments, interests in any related insurance policies, and all other rights, benefits, proceeds and
obligations arising from or in connection with such Mortgage Loan. In this Guide, a mortgage loan also
may be referred to as a loan.
Mortgage Loan Documents
The originals and copies of the appraisal, the Security Instrument, the Note and all other documents
described in the Loan Documents and Notes of this
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Mortgage Loan Files
A file that includes originals and copies of the appraisal, the Security Instrument, the Note and all other
documents described in the Loan Documents and Notes of this
Mortgage Loan Programs
The types of loan products and underwriting authority offered by Purchaser [as described in the Product
Matrices].
Mortgage Loan Schedule
A schedule of Mortgage Loans to be annexed for each sale, such schedule setting forth the following
information with respect to each Mortgage Loan: [(1) the Seller’s Mortgage Loan identifying number; (2)
the Mortgagor's name; (3) the date on which the Mortgage Loan was originated; and (4) the stated
maturity date and the other items listed on the required data set that is needed to register a mortgage
loan as identified in the registration section of this guide.
Mortgage Loan(s)
First-lien, residential, mortgage loans secured by one-to-four family dwellings sold on a servicing released
basis pursuant to the Agreement. A Mortgage Loan includes without limitation the Loan File, the Monthly
Payments, interests in any related insurance policies, and all other rights, benefits, proceeds and
obligations arising from or in connection with such Mortgage Loan. In this Guide, a mortgage loan also
may be referred to as a loan.
Mortgage Note
The applicable form of instrument evidencing obligation to repay the Loan as required under this Seller
Guide, including any addenda thereto.
Mortgaged Premises
The land and improvements thereon subject to or intended to be subject to the lien of the Security
Instrument.
Mortgaged Property
Any oneto-four family residence (at the time of origination) that is encumbered by a Security Instrument,
including all buildings and fixtures thereon and all accessions thereto including installations of
mechanical, electrical, plumbing, heating and air conditioning systems located in or affixed to such
buildings, and all additions, alterations and replacements.
Mortgage Service Providers
An entity or individual engaged to handle or perform, for a Seller or Correspondent, part of the Loan
application processing, underwriting, funding or post closing functions, but not any activities related to
obtaining an application for a wholesale origination. This entity or individual is typically paid on a fee basis
for services performed, with the payment of fees not being contingent on Loan approval or closing.
Mortgage Service Providers include but are not limited to:
o Contract underwriters
o Contract processing firms
o Contract quality control services
o Escrow companies and settlement agents
o Contract document preparation companies
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Mortgagor
The obligor on a Mortgage Note
National Flood Insurance Program
Insurance that compensates the property owner for physical property damage resulting from flooding.
Flood insurance is required if the property improvements are located in federally designated Special
Flood Hazard Areas. If the land is in the flood hazard area, but the improvements are not, flood insurance
is not required
No Cash-Out Refinance
A refinance transaction in which the amount of money from the new loan is used to repay the existing first
mortgage, to pay closing costs, point, prepayment penalties, and any seasoned subordinate mortgage
liens. Incidental cash back may not exceed the lesser of 2% of the principal amount of the new mortgage
or $2000. Also referred to as a Rate and Term refinance.
Non-Arm's Length Transaction
A transaction with a family member or relative, or when a personal or business relationship exists
between the borrowers and the builder or property seller. This relationship may influence the transaction.
Also, see Arm's Length Transaction.
Non-Conforming
A mortgage loan that does not meet the loan amount limits or credit characteristics set by Freddie Mac
and Fannie Mae.
Non-Conforming Loan
A mortgage loan in which the loan amount, the LTV ratio, term, or some other aspect of the loan exceeds
permissible limits as specified in agency (GSEs) regulations. These loans must meet or exceed the
guidelines as set forth in the Seller Guide. Non-conforming loan guidelines may follow GSE underwriting
guidelines or be a blend of various investor guidelines.
Non-Delegated
Underwriting arrangement where Lakeview Loan Servicing, LLC must grant Loan approvals and set
conditions prior to Loan settlement.
Non-Supervised Mortgagee
Type of FHA approval applied to non-depository financial entities that have as their principal activity the
lending or investment of funds in real estate mortgages.
Non-Standard Documents
Any documents evidencing or securing a Loan that are not uniform instruments.
Non-United States Citizens
Non-United States Citizens must be lawfully present in the United States (or otherwise meet the
requirements shown below under deferred action). The term “lawfully present” includes those who have
“qualified alien” status. A “qualified alien” is defined as an alien who, at the time the alien applies for,
receives, or attempts to receive a Federal public benefit, per section 101(a) of the Immigration and
Nationality Act {8 U.S.C. 1101(a)}. The classifications of Non-United States Citizens are described below:
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Permanent Resident Qualified Alien
An alien who is lawfully admitted for permanent residence under the Immigration and Nationality
Act, also known as a “permanent resident.” Document legal residency and eligibility to work in the
United States with one of the following:
o A valid and current Permanent Resident card (form I-551); or
o A passport stamped “processed for I-551,” “temporary evidence of lawful admission for permanent
residence,” “valid through__,” and “employment authorized.” Passport must be valid and not
expired. This evidences that the holder has been approved for, but not issued, a Permanent
Resident card (form I551).
o Conditional Permanent Resident Qualified Aliens are treated as Non-Permanent Residents and
therefore must provide a valid EAD card in addition to the Conditional Permanent Resident Card
Non-Permanent Resident Qualified Alien
An alien who is granted asylum under section 208 of the Immigration and Nationality Act. Document
legal residency and eligibility to work in the United States with the following:
o A valid I-94 with class of Admission as 208 and stamped as “asylum granted” (or a signed,
stamped court decision indicating the immigration judge has granted the asylum if the stamp on
the I-94 has not yet occurred); and
o A current, valid Employment Authorization Document (EAD) with a category code A05 or a valid
Social Security card
Exception for HFA loans only: An Alien with Pending Asylum status is acceptable on conventional
loans only. Borrower must provide a valid C08 Employee Authorization card and an Asylum
Application receipt (or printout from USCIS status website), validating borrower status.
A refugee who is admitted to the United States under section 207 of the Immigration and Nationality
Act. Document legal residency and eligibility to work in the United States with the following:
o A valid I-94 with Class of Admission as 207 and a refugee admission stamp; and
o A current, valid EAD with category code A03
An alien who is granted conditional entry pursuant to section 203 of the Immigration and Nationality
Act. Document legal residency and eligibility to work in the United States with the following:
o A current, valid family based, employment based or diversity visa (as defined in Lawful Non-
Permanent Qualified Resident chart which is housed in the Reference Library on LoanDock as part
of the Residency and Eligibility Guide) ; and
o For family based visa borrowers or spouses/children of employer sponsored visa borrowers (as
defined in Lawful Non-Permanent Qualified Resident chart which is housed in the Reference
Library on LoanDock as part of the Residency and Eligibility Guide), a current, valid EAD
An alien who is a Cuban and Haitian entrant (as defined in section 501(e) of the Refugee Education
Assistance act of 1980. These individuals are paroled into the United Sates. Document legal
residency and eligibility to work in the United States with the following:
o I94 with stamp showing Cuban/Haitian entrant (Status Pending); and
o A current, valid EAD A04 or C11
An alien who has been battered or subjected to extreme cruelty under Section 431 of the
Immigration and Nationality Act. Document legal residency and eligibility to work in the United States
with the following:
o A current, valid U1-4 or T1-4 visa, and
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o A current, valid EAD
An alien who entered the United States unlawfully as a child but has since been granted “deferred
action” (AKA DACA) which defers removal action against the individual for a period of time. This
status is permitted only in FHA, VA and Fannie Mae HFA Preferred programs. Document legal
residency and eligibility to work in the United States with the following:
o A current, completed I-797 form showing approved DACA status, and
o A current, valid EAD Card with code C33
Note: If the authorization documentation for the Non-Permanent Resident Alien (visa, I94, passport or
EAD, as applicable), will expire within one year from the loan closing date and a prior history of renewals
exist, continuation may be assumed.
Note
The applicable form of instrument evidencing obligation to repay the Loan as required under this Seller
Guide, including any addenda thereto.
Office of Comptroller of Currency
is an independent bureau within the United States Department of the Treasury that was established by
the National Currency Act of 1863 and serves to charter, regulate, and supervise all national banks and
thrift institutions and the federal branches and agencies of foreign banks in the United States.
Officer’s Certificate
Certificate of Seller authorizing the execution, delivery and performance of the Agreement by the Seller.
OFAC Regulations
The regulations promulgated by OFAC, 31 C.F.R. §§ 500-599, as amended. These regulations
implement a variety of sanctions programs, including those in which persons are added from the and
removed from a "blocked persons" list maintained by OFAC.
Office of Foreign Asset Control ("OFAC")
An office of the US Department of the Treasury that administers and enforces economic sanctions
programs primarily against countries and groups of individuals, such as terrorists and narcotics traffickers.
The sanctions can be either comprehensive or selective, using the blocking of assets and trade
restrictions to accomplish foreign policy and national security goals.
Office of the Thrift Supervision
Responsible for the chartered, supervised, and regulated all federally chartered and state-chartered
savings banks and savings and loans associations
Originator Disclosure
The disclosures required under Item 1110(b) of Regulation AB or any successor regulation for inclusion in
a prospectus or other disclosure document
Pair-off Fee
A fee assessed if Seller does not deliver qualifying Loan files in the amount of the Mandatory Delivery
Commitment or as otherwise required by the Seller Contract or Seller Guide. See also Buyout Fee.
Panelized Home
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Panelized Homes are defined as homes where panels (flat units that represent a whole wall with
windows, doors, wiring and outside siding) are constructed in the factory and then transported to the site
and assembled. Panelized Homes are constructed to the state, local or regional building codes of where
the home will be located.
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Par
The face value of the mortgage (the unpaid principal balance) equals its selling price (100%there are
no discounts or premiums).
Parties
Seller and Purchaser
Partnership
A partnership is an arrangement between two or more individuals who have pooled their assets and skills
to form a business and who will share profits and losses (according to predetermined proportions that are
set out in the partnership agreement). A partnership may be a general partnership or a limited
partnership.
The partnership must report its profit or loss on IRS Form 1065 and each partner s share of the profit or
loss on Form 1065, Schedule K-1; however, the partnership pays no tax on the partnership income.
a. General Partnership
Under a general partnership, each partner has responsibility for running the business, is personally liable
for the debts of the entire business, and is responsible for the actions of every other partner (unless
otherwise specified in the partnership agreement). A general partnership is dissolved immediately upon
the death, withdrawal, or insolvency of any of the partners, although the personal liability of partnership
creators exists even after the partnership is dissolved. However, the partnership's assets will first be
applied to the creditors of the business. The partner's individual assets will be first applied to their
personal creditors, with any surplus in a partner's personal assets then being applied to the remaining
business creditors.
Each partner uses the information from Schedule K-1 to report his or her share of the partnership's net
profit or loss (and special deductions and credits) on the Individual U.S. Income Tax Return on Schedule
E from IRS Form 1040, whether or not the partner receives a cash distribution from the partnership.
Individual partners pay taxes on their proportionate share of the net partnership income at their individual
tax rates. Because profits may or may not be distributed to the individual partners, it must be determined
whether the borrower actually received a distribution from the partnership. To quantify the level of the
borrower's financial risk, determine whether the borrower has guaranteed any loans obtained by the
partnership (other than loans that are considered as non-recourse debt or qualified non-recourse debt).
b. Limited Partnership
Under a limited partnership, a limited partner:
o Has limited liability based on the amount he or she invested in the partnership.
o Does not typically participate in the management and operation of the business.
o Has limited decision-making ability.
A limited partnership will have at least one general partner who manages the business and is personally
liable for the debts of the entire business. A limited partner's death, withdrawal, or insolvency does not
dissolve the partnership.
Each partner uses the information from Schedule K-1 to report his or her share of the partnerships net
profit or loss (and special deductions and credits) on the Individual U.S. Income Tax Return on Schedule
E from IRS Form 1040 - whether or not he or she receives a cash distribution from the partnership.
Individual partners pay taxes on their proportionate share of the net partnership income at their individual
tax rates. Because profits may or may not be distributed to the individual partners, it must be determined
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whether the borrower actually received a cash distribution from the partnership. However, because limited
partnerships are often formed as tax shelters, it is more likely that Schedule K-1 will reflect a loss instead
of income. In such cases, the borrower's ability to deduct the loss will be limited by the at risk amount of
his or her limited partnership interest (and will most likely be subject to passive loss limitations).
Review the U.S. Partnership Return of Income (IRS Form 1065) to determine the borrower's share of
non-cash expenses that can be added back to the cash flow of the partnership business. To quantify the
level of the borrower's financial risk, determine whether the borrower has guaranteed any loans obtained
by the limited partnership (other than loans that are considered as non-recourse debt or qualified non-
recourse debt).
Party Wall
A wall built along the boundary line of adjoining properties and shared by the respective property owners
or tenants.
Passive or Unearned Income
Income that may not be readily verifiable by an outside, independent third party source. Examples include
dividend/interest income, trust income, child support, alimony or separate maintenance, foster care,
unemployment, disability, social security and other retirement income, rental income, and installment
sales or land contract income.
Payment Change Date
The first day of the month following an interest rate change date. It is the date on which a payment
change, due to an interest rate change, becomes effective.
Payment Shock
The amount of increase from the Borrower s current housing payment (rent or PITI) to the proposed
subject mortgage PITI. For ARMs, Payment Shock is calculated using the qualifying rate.
Person
An individual, corporation, limited liability company, partnership, joint venture, trust or unincorporated
organization, or a federal, state, city, municipal or foreign government or an agency or political subdivision
thereof.
PITIA
Housing payment that consists of Principle, Interest, Taxes, Insurance, Association dues
Planned Unit Development
A Planned Unit Development (PUD) is a development that has the following characteristics:
The individual unit owners own a parcel of land improved with a dwelling. Ownership is NOT in common
with other unit owners. The development is administered by a HOA that owns and is obligated to
maintain property and improvements within the development for the common use and benefit of the unit
owners. The unit owners have an automatic, non-severable interest in the HOA and pay a mandatory
assessment.
Portfolio Condominiums
Condominium projects that are held for investment.
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Post Acquisition Adjustment
A post acquisition adjustment (PAA) is generally Lakeview’s refund of monies owed to Seller or payable
to Lakeview due to a discrepancy in the purchase wire transaction.
Power of Attorney
A legal document authorizing a person or an organization to act on behalf of another person. The person
or organization that is appointed is referred to an Attorney-In-Fact. There are three types of Power of
Attorney: General, Special/Specific/Limited, and Durable.
Pre-cut Home
Pre-cut Homes are a type of factory-built housing. Materials for this type of home are factory-cut (pre-cut)
to design specifications, transported to the site and then assembled. Pre-cut Homes include kit, log and
dome homes. Pre-cut Homes are constructed to the state, local or regional building codes where the
home will be located.
Pre-foreclosure Sale
A pre-foreclosure sale involves the sale of the property by the Borrower to a third party for less than the
amount owed to satisfy the delinquent mortgage, as agreed to by the lender, the investor, and the
mortgage insurer
Premium
The Price Premium and Servicing Released Premium.
Prepayment
Lakeview Loan Servicing, LLC considers a Prepayment to have occurred when an amount greater than
the regularly scheduled principal payment is made, thereby reducing the principal balance of a Loan
before the final due date.
Prepayment Penalty/Fee
A charge that a borrower may be required to pay during the early years of a mortgage if it is paid in full or
if the borrower makes a principal curtailment.
Primary Borrower
If more than one person is obligated to repay the Loan, the Primary Borrower is considered to be the
individual who’s Credit Score is selected for grading and qualification purposes.
Principal
The amount of money borrowed to buy a house or the amount of the loan that has not been paid back to
the lender. This does not include the interest paid to borrow that money. The principal balance is the
amount owed on a loan at any given time. It is the original loan amount minus the total repayments of
principal made.
Prior Underwriting Approval
Prior Underwriting Approval means that Lakeview Loan Servicing, LLC has performed a complete
underwriting analysis of the Loan, including credit, income, assets, liabilities and appraisal prior to the
Borrower closing the Loan, pursuant to Chapter 7A, Prior Underwriting Approval, of this Seller Guide.
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In order for a Loan to have Prior Underwriting Approval, Lakeview Loan Servicing, LLC must have
provided Seller with a written notification (by fax, email or regular mail) noting that the Loan has Prior
Underwriting Approval Status.
Private Investor
With respect to any Mortgage Loan, a person (excluding FHA, Fannie Mae, Freddie Mac, Ginnie Mae or
VA) who has a beneficial interest in, or is a record owner of, such Mortgage Loan or any trustee acting on
behalf of any such Person
Private Mortgage Insurance (“PMI”)
Private mortgage insurance that is generally needed for mortgages with low down payments (usually less
than 20% of the price of the home)
Product Matrices
A chart outlining the types of loan products and underwriting authority offered by Purchaser.
Program Guidelines
Guidelines that detail and conform to Agency or Lakeview Loan Servicing, LLC requirements, restrictions,
or limitations of Loans.
Property Data
Includes but is not limited to prior sale price, prior date sold, prior appraised value, prior appraised date,
lot size, year built, property type or any other Property Data and/or characteristics.
Property Inspection Alternative (PIA)
Loan Prospector® Minimum Assessment Feedback (MAF) message specified on the Feedback
Certificate indicating that a Mortgage may be originated without an appraisal or inspection of the
Mortgaged Premises.
Prospect Application
The application provided by Purchaser to Seller for approval as a loan correspondent
Public Assistance
Through the Public Assistance (PA) Program, Federal Emergency Management Agency “FEMA” provides
supplemental Federal disaster grant assistance for debris removal, emergency protective measures, and
the repair, replacement, or restoration of disaster-damaged, publicly owned facilities and the facilities of
certain Private Non-Profit (PNP) organizations. Public Assistance disaster notifications are not acceptable
when determining if a property is in an area that has been declared a natural disaster.
Purchase Date
The date Lakeview Loan Servicing, LLC approves the Mortgage Loan for purchase and funds the
Purchase Price for such Mortgage Loan to Seller. The Purchase Date for each Mortgage Loan shall also
be deemed to be the Funding Date for that Mortgage Loan, as that term is used in other Sections of this
Seller Guide
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Purchase Documents
The Agreement, Seller Guide, and all amendments supplements and replacements, and any other
documents and agreements between Lakeview Loan Servicing, LLC and Seller regarding the sale of
Loans.
Purchase Price
The percentage of par that Lakeview applies to the unpaid principal balance of a mortgage submitted as a
cash delivery to determine the amount of the purchase proceeds; the amount that Lakeview will pay the
lender on the purchase date for a pool or mortgage loan being purchased in an early funding transaction.
Purchaser
Lakeview Loan Servicing, LLC
Purchaser's Selling Guide
The relevant guide incorporated by reference in its entirety into the Agreement executed by the Seller.
This Lakeview Loan Servicing, LLC Seller Guide, as amended, supplemented or replaced
Qualified AVM
A report of property valuation issued under an Automated Valuation Model, where such valuation report
has been ordered from a Qualified AVM Vendor, as specified in the Automated Value Model Approved
Vendors, using the vendor s Lakeview Loan Servicing, LLC Qualified AVM system, and the report of
valuation has been given the Lakeview Loan Servicing, LLC Qualified AVM seal as may be determined
through methods and systems issued at Lakeview Loan Servicing, LLC’s discretion.
Qualified Insurer
Qualified Insurer means an insurance company duly qualified as such under the laws of the states in
which the Mortgaged Premises are located, duly authorized and licensed in such states to transact the
applicable insurance business and to write the insurance provided, approved as an insurer by Fannie
Mae and Freddie Mac and whose claims paying ability is rated in the two highest rating categories by the
Standard & Poor's Ratings Services, Moody's Investors Service, Inc. and Fitch, Inc. with respect to
primary mortgage insurance and in the two highest rating categories for general policyholder rating and
financial performance index rating by Best's with respect to hazard and flood insurance
Recast
The process of re-amortizing a mortgage to the remaining term at market interest rate and current unpaid
principal balance. When a loan is recast, the payment required to fully amortize the loan over the
remaining term becomes the new minimum payment.
Recreational Lease
A lease that runs for a short period of time during each year; sometimes called time sharing.
Red Flags
Those potential patterns, practices, or specific activities indicating the possibility of identity theft, as
described in the Red Flag Rule.
Red Flags Rule
The Red Flags Rule was issued by the FTC, 16 C.F.R. 681.1, as amended, addressing fraud and identity
theft.
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Redemption Period
A period of time established by state laws during which a property owner has the right to redeem his or
her real estate from a foreclosure or tax sale and reclaim title and possession of the property.
Reference Library
Contains reference documents and sample documents for Sellers to use as required for applicable loan
and or program.
Re-established Credit
Credit that is established after a significant adverse credit event.
Re-established Credit is calculated from the discharge of bankruptcy or completion of foreclosure and
requires the following:
Re-price
Lower of the existing commitment price or the current market price for the same Note rate in the same
Commitment.
Registered
A Mortgage Loan submitted to Purchaser by Seller pursuant to the Agreement.
Registration
A process by which the Seller submits eligible Mortgage Loans to Purchaser pursuant to the Agreement.
Regulation AB
SEC regulations, 17 CFR 229, Subpart 229.1100, codifying requirements for the registration, disclosure,
and reporting for all publicly registered asset-backed securities including mortgage-backed securities.
REO Property
Real Estate Owned is property acquired through foreclosure or deed-in-lieu of foreclosure.
Repurchase
The requirement that a Seller must buy back a mortgage previously sold
Residential Mortgage Credit Report
A Residential Mortgage Credit Report is a detailed account of the credit, employment and residence history
as well as public records information prepared by a consumer reporting agency for an individual borrower
or two individual borrowers. Credit information from two national
repositories is merged and verified by a consumer reporting agency or bureau before it is sent to the user.
The consumer reporting agency or bureau may also verify other information not contained in repository
records
Residual Income
The income remaining after PITIA and debts listed on credit report or obtained through other
documentation have been subtracted from the Borrower s gross monthly income.
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Restructured Loan
A restructured loan is a mortgage loan in which the terms of the original transaction have been changed
resulting in either absolute forgiveness of debt or a restructure of debt through either a modification of the
original loan or origination of a new loan that results in:
Forgiveness of a portion of principal and/or interest on either the first or second mortgage
Application of a principal curtailment by or on behalf of the investor to simulate principal forgiveness
Conversion of any portion of the original mortgage debt to a soft subordinate mortgage
Conversion of any portion of the original mortgage debt from secured or unsecured debt
In many cases, a borrower may not disclose that their existing Mortgage loan has been restructured. The
credit report may show a restructured loan as settled for less than owed. If the credit report does not
specify settled for less than owed, you will need to scrutinize the mortgage balance reported on the credit
report versus the payoff balance. If the two balances do not match and the difference is more than unpaid
interest or prepayment penalties, the loan may have been restructured.
RHS
Rural Housing Service, a loan program administered by the United States Department of Agriculture.
Rural Property
If any one of the following criteria exists, the property will be classified as rural:
Appraiser classifies the property as rural
Less than 25% of the surrounding market area is developed
If at least 50% of the acceptable comparable properties are not within five miles of the Mortgaged
Premises, unless the appraiser provides sufficient justification for the distance of the comparables and
clarifies that the property is not rural in nature.
Scheduled Principal Balance
At any time and with respect to any Loan, the original principal amount of such Loan at the time it was
purchased by Lakeview Loan Servicing, LLC less that portion of any cash payments received by
Lakeview Loan Servicing, LLC from the primary Servicer for such Loan that is to be applied toward the
reduction of the outstanding principal balance of the Loan.
Second Home
A property that the borrower occupies for some portion of the year, in addition to their primary residence.
The property must be located in an area that can reasonably function as a second home and must be
suitable for year-round occupancy. Typically, this property is located far from the borrower's primary
residence, and near either a resort or vacation area, such as mountains, oceanfront, desert, and so on.
Second homes may also be located in a major metropolitan area that the borrower visits on a regular
basis.
Secretary of HUD
The Secretary of the Department of Housing and Urban Development
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Secure and Fair Enforcement for Mortgage Licensing Act (“SAFE Act”)
A federal law, 12 U.S.C. 5101 et seq., and its implementing regulations, 12 CFR 1007, as amended. The
SAFE Act was enacted on July 30, 2008, and mandates a nationwide licensing and registration system
for residential mortgage loan originators.
Security Instrument
The applicable form of mortgage, deed of trust, deed to secure debt or security deed required under this
Seller Guide, including any riders, creating a lien on the Mortgaged Premises.
Seller
A person or entity that originates and sells loans secured by single (1-4) family dwellings to Lakeview
Loan Servicing, LLC that has entered into an Agreement with Lakeview Loan Servicing, LLC
Seller Eligibility
Those requirements set forth in the chapter titled "Seller Eligibility" in this Guide
Seller Guide “Guide”
The relevant guide incorporated by reference in its entirety into the Agreement executed by the Seller.
This Lakeview Loan Servicing, LLC Seller Guide, as amended, supplemented or replaced
Seller Services
A [department]/[division] of Seller that can address Purchaser's questions regarding the Seller's
underwriting authority requirements
Servicing Released Premium (SRP)
A one-time Premium paid to Seller for the Servicing Rights on a mortgage Loan.
Servicing Rights
The right, title and interest in and to the non-recourse servicing of any Loan and the maintenance and
Servicing Fee income and any and all ancillary income arising from or in connection with any Loan.
Settlement Agent
A neutral third party that facilities the closing of a real estate transaction, including the closing of the loan,
and the collection and disbursement of loan proceeds. The settlement agent can be a lender, an escrow
company, title company, title agent, or attorney.
Simultaneous Transaction
A mortgage loan that is originated other than the subject property and are originated and closed together.
Site Condominium
A condominium project composed solely of one-unit detached dwellings and no common area
improvements other than greenbelts, private streets and parking.
Sole Proprietorship
A sole proprietorship is an unincorporated business that is individually owned and managed. The
individual has unlimited personal liability for all debts of the business. If the business fails, the borrower
will have to replace his or her income, as well as satisfy the outstanding obligations of the business. Since
164
no distinction is made between the owner's personal assets and the assets used in the business,
creditors may take either (or both) to satisfy the borrower's business obligations.
The financial success or failure of this type of business depends solely on the owner's ability to obtain
capital. Poor management skills or an inability to secure capital to keep the business running will
compromise the continuance of the borrower's business (and income).
The income, expenses, and taxable profits of a sole proprietorship are reported on the Profit or Loss from
Business (Schedule C) on the owner's Individual U.S. Income Tax Return (IRS Form 1040) and are taxed
at the rates that apply to individuals. When evaluating a sole proprietorship, make sure that there is
sufficient and stable cash flow to support both the business and the payments for the requested
mortgage. Seller must confirm that the business can accommodate the withdrawal of assets or revenues
should the borrower need them to pay the mortgage payment and/or other personal expenses.
Special Flood Hazard Area (SFHA)
The land in the flood plain within a community having at least a 1% chance of flooding in any
given year, as designated by FEMA.
Standalone Transaction
A Loan, usually in junior position, closed independently from any other mortgage transaction.
Standard Flood Hazard Determination Form (SFHDF)
The Standard Flood Hazard Determination Form (SFHDF) is used to comply with Section 303(a) of Title V
of the National Flood Insurance Reform Act of 1994. The SFHDF is used by federally regulated lending
institutions when making, increasing, extending, renewing or purchasing a loan for the purpose of
determining whether flood insurance is required and available.
Substitution Date
The date on which Lakeview Loan Servicing, LLC receives a Loan that Seller has substituted for a denied
Loan.
Supervised Mortgagee
Type of FHA approval for banks, savings banks, and credit unions that participate in originating,
underwriting, purchasing, holding, servicing, and selling of FHA loans
Tax Service Fee
A fee charged on all Loans to hire outside vendors to verify that all taxes on the Mortgaged Premises
were paid.
Terms of use
The conditions of use applicable to the electronic services, forms and materials offered by Lakeview.
Texas Refinance Loan
A First Lien home equity refinance mortgage originated pursuant to Section 50(a)(6) of Article XVI of the
Texas Constitution secured by homestead property located in Texas
165
Third Party Origination
A process by which a lender uses another party to completely or partially originate, process, underwrite,
close, fund, or package the mortgages it plans to deliver to the secondary mortgage market.
TNW
Tangible Net Worth, as defined by GAAP.
TPO Operations
Group responsible for the review and purchase of closed loans submitted for purchase by Sellers.
Truth in Lending Act
A federal law, 15 U.S.C. 1601 et seq., as amended that requires disclosure of a truth-in-lending statement
for consumer loans. The statement includes a summary of the total cost of credit, such as the APR and
other specifics of the loan
UAD
The Uniform Appraisal Dataset that provides common requirements for appraisal and loan delivery data
UFMIP (Upfront Mortgage Insurance Premium)
The premium required to be paid when applying for a home loan with the Federal Housing Administration.
Uniform Standards of Appraisal Practices
Quality control standards applicable for real property, personal property, intangibles, and business
valuation appraisal analysis and reports in the United States and its territories
United States Citizen
The borrower must have a valid social security number and be a citizen of the United States or a U.S.
Possession or Territory. Borrower photo identification documents must also be provided to review and
ensure identity and compliance with the U.S. Patriot Act.
USA Patriot Act of 2001
A federal law, Public Law 10756, the purpose of which is to deter and punish terrorist acts in the United
States and around the world. Among other things, this law amended the Bank Secrecy Act.
User Id
An identification name used to access Lakeview's forms, materials and electronic services, if applicable.
U.S. Possession or Territory
American Samoa, Guam, Marshall Islands, Federated States of Micronesia, Northern Marianas, Palau,
Puerto Rico, U.S. Virgin Islands.
US Treasury Table
Table published by the US Treasury for the purpose of establishing the value of savings bonds
VA
Department of Veteran's Affairs
166
VA Automatic
Approval from the Department of Veterans Affairs to close VA home loans without prior approval from the
Department of Veterans Affairs
VA LAPP
The Veterans Administration Lender Appraisal Processing Program.
VA Funding Fee
A fee paid at closing by the borrower of a VA loan, established as a percentage of the loan amount which
varies based on the type of loan and the borrower's military category.
VA Loan
A mortgage guaranteed by the Department of Veterans Affairs (VA)
VA Regulations
A mortgage guaranteed by the Department of Veterans Affairs (VA)
Value
An opinion or estimate set forth in an appraisal or evaluation, whichever may be appropriate, of market
value of real property, prepared in accordance with applicable law.
VOD Verification of Deposit
Used to verify the cash deposits that the application has listed on their loan application.
Web Agreement
The agreement imposing conditions of use of Lakeview's website.
Website
The website maintained by Lakeview that facilitates registration, underwriting and funding of Mortgage
Loans.
Website Administrator
The person within the Seller's company responsible for setting-up, controlling, and maintaining access to
the Lakeview website.
Wraparound Mortgage
A refinancing technique involving the creation of a second mortgage which includes the balance due on
any existing mortgages, plus the amount of the new secondary or junior lien.
167
Version Control
Author
Section
Date
Update
DH
Chapter 5D - Disaster
Guidelines
12.10.20
Bayview│Lakeview Disaster File name changed to Disaster Declaration File
DH
Chapter 7 - Definitions
12.10.20
Non-Permanent Resident Qualified Alien Section added the below underlined language
o A current, valid Employment Authorization Document (EAD) with a category code A05 or a valid
Social Security card
Borrower Residency and Eligibility Guide name changed to Residency and Eligibility Guide
DH
Chapter 5 Prefund
Diligence
12.23.20
Updated
Guidelines relevant to the 4506-C form can be found within the individual product summaries
DH
Chapter 5 Prefund
Diligence
01.07.21
Updated Section A504 Power of Attorney
Removed
The Power of Attorney must not be an interested party in the transaction, i.e.: real estate agent,
seller, closing agent
Replaced
The Power of Attorney must not be an interested party in the transaction unless otherwise permitted
in accordance with applicable investor seller guide requirements
DH
Chapter 5 Prefund
Diligence
01.07.21
Updated Section A542 Partial eClosings
Removed transactions utilizing a Power of Attorney as an unacceptable e-Signed closing document
JR
Chapter 6 Shipping and
Delivery Methods
02.04.21
Added guidance and requirements to post-acquisition adjustment requests
DH
Chapter 7 - Definitions
02.04.21
Added to Non-Permanent Resident Qualified Alien definition:
An alien who entered the United States unlawfully as a child but has since been granted “deferred
action” (AKA DACA) which defers removal action against the individual for a period of time. This
status is permitted only in FHA and VA programs. Document legal residency and eligibility to
work in the United States with the following:
o A current, completed I-797 form showing approved DACA status, and
o A current, valid EAD Card with code C33
DH
Chapter 7 - Definitions
03.04.21
Non-Permanent Resident Qualified Alien definition revised to include Fannie Mae HFA Preferred
program:
An alien who entered the United States unlawfully as a child but has since been granted “deferred
action” (AKA DACA) which defers removal action against the individual for a period of time. This
status is permitted only in FHA, VA and Fannie Mae HFA Preferred programs.
DH
Chapter 3 Registration &
Commitments
05.13.21
Added to Section C303 - Over-Delivery or Failure to Deliver
With regard to the delivery of eligible mortgage loans under a Mandatory Delivery Commitment,
Lakeview provides both a delivery and funding expiration date with the intent that the Seller deliver
eligible loans by the former date to allow Lakeview to purchase eligible loans by the later funding
expiration date. Lakeview does allow Sellers to deliver eligible loans after the delivery expiration date
up until the funding expiration date however, if the loan purchase is not completed by the later date,
extension fees will be applied to final pricing. In the event that an eligible mortgage loan is not
delivered by the funding expiration date, the loan will be subject to a pair-off fee.
DH
Chapter 3 Registration &
Commitments
05.13.21
Section C304 - Calculation of Multiple Loan Mandatory Pair-Off Fees revised as follows:
o If market prices have risen, the pair-off fee is the full difference between the locked price and the
current market price plus $200
o If market prices have declined, the pair-off fee is $200 unless the hedge gain attributed to the
market decline is greater than $200. If this is the case, the pair-off fee would be zero
o If the hedge gain attributed to the market decline is less than or equal to $200, the pair-off fee is the
difference between $200 and the hedge gain
DH
Chapter 3 Registration &
Commitments
06.07.21
Section B311 Calculation of Pair-off Fees updated to align with 5.13.21 changes made to Sections
C303 & C304
MM
Chapter 5 Prefund
Diligence
08.19.21
Updated Section B503 Verbal Verification of Employment
Must be dated within 10 business days of Note date (10 calendar days for FHA)
DH
Chapter 1 Seller
Contractual Obligations
08.19.21
In B101 Underwriting Authority:
Removed:
Delegated underwriting authority is limited to programs outlined in the product matrices. to a maximum
Lakeview combined loan amount of $1,000,000.
If any of the following apply, Seller must submit the Mortgage Loan to Lakeview for underwriting:
Individual Mortgage Loan amounts > $1,000,000
Combined Lakeview Mortgage Loan amounts > $1,000,000
Combined Mortgage Loan amounts. when the second is purchased by a party other than Lakeview, >
$1,250,000
Replaced:
Delegated underwriting authority is limited to programs as outlined in the product matrices and in
accordance with agency guidelines.
MM
Chapter 6C Funding
Requirements and Wire
Instructions
09.10.21
Added Juneteenth National Independence Day to the list of federally recognized holidays
168
DH
Chapter 1D Defaults and
Remedies, Early Pay Off
09.22.21
Added to Section D102 Repurchase
Sellers are encouraged to utilize selfreports@bayview.com to communicate Events of Default.
DH
Chapter 3B Flow
Commitments
09.22.21
In Section B308 Suspended Closed Loans
Removed
After 30 days of suspense, if the deficiencies are still not cleared, the loan will be determined to be un-
purchasable. Loans with suspense items that cannot be cleared or loans where Seller does not appear
to be actively working to resolve will be canceled, and the loan files returned to Seller. These loans will
be paired-off, and all extension fees and suspense fees will be taken into account when determining the
adjusted pair-off price.
The only exception to this process will be at the discretion of Lakeview where as an exception, Seller
may be permitted to have a loan remain in suspense longer than 30 days in order to accommodate
special Seller circumstances. If Lakeview purchases a loan that has been in suspense for more than 30
days, the loan will be relocked, subject to the worse of either the accrued suspense fees for 30 days or
worse case market reprice. Worse case market pricing will be determined by comparing base price to
base price for the same rate lock terms. The Delivery Expiration will be reset to reflect the date
relocked, no additional time will be provided. All previously applied fees such as extension charges will
remain on the loan.
Any loans suspended greater than 30 days must also meet all current pricing and product guidelines
and eligibility. Suspense fees and policies are at the discretion of Lakeview and are subject to change
without notice.
Added
Suspense Expiration Dates
Correspondents are encouraged to clear suspense items expeditiously to avoid potential pair-off, roll
fees, or suspense fees. If the correspondent cannot clear pre-purchase suspense items before the
suspense expiration date outlined in this section, loan files will be deemed ineligible for purchase and
returned to the seller. Suspense expiration dates are as follows:
Non-HFA loans - 45 calendar days from the audit completion date.
HFA loans - 60 calendar days from the audit completion date.
The audit completion date is defined as the day on which the credit and compliance deficiencies are
published to the correspondent via the Lakeview/Bayview client portal.
Exceptions to this policy are limited and reviewed on a case-by-case basis only. If it is determined at
Lakeview/Bayview’s discretion to purchase a loan that has been in suspense for longer than the allowed
time, the loan will be relocked, subject to the worse of either the accrued suspense fees accumulated
beyond the allowable timeframe or worse case market reprice. Worse case market pricing is determined
by comparing base price to base price for the same rate lock terms.
The Delivery Expiration will be reset to reflect the date relocked, and no additional time will be provided.
All previously applied fees, such as extension charges, will remain on the loan.
Any loan suspended beyond the allowable timelines must meet all current pricing, product guidelines,
and eligibility. Suspense fees and policies are at the discretion of Lakeview/Bayview and are subject to
change without notice.
DH
Chapter 6B How to Deliver
09.22.21
In Section B603 Post Acquisition
Removed
Requests for reimbursements resulting from the under disclosure of monthly escrow estimates will not
be accepted. Correspondents are responsible for ensuring prudent underwriting policies are utilized that
meet agency requirements for estimating monthly tax payments.
Added
Requests for reimbursements resulting from the under disclosure of monthly escrow estimates will not
be accepted. Correspondents are responsible for ensuring prudent underwriting policies are utilized that
meet agency requirements for estimating monthly escrow payments.
DH
Chapter 7 Definitions
09.22.21
Added Definition
Audit Completion Date: The audit completion date is defined as the day on which the credit and
compliance deficiencies are published to the correspondent via the Lakeview/Bayview client portal.
MM
Chapter 5B - Credit and
Collateral Review
10.08.21
B505 Tax Transcripts
ADDED:
Borrower obtained transcripts are not permitted
NOTE: Typically, tax transcripts are not available from the IRS until two to three weeks after a
consumer e-files their tax return and six to eight weeks after filing by mail. If the current year tax
return has been filed but the corresponding tax transcript is not yet available due to IRS lag times,
the prior year’s transcripts are required (either one or two years dependent upon the AUS
requirement) in addition to the current year tax return and current year transcript request returned
as “No Record Found”. The current year tax returns must be reviewed to validate the stability of
income/business and determine the reasonableness of any positive trends for the purpose of
considering as qualifying income
169
MM
Chapter 7 - Definitions
10.08.21
Updated the definition of Active Trade Line
from reading: The date of the last activity on the account and not a current open balance.
To read as: The date of the last activity on the account is within six months and it is currently
“open.”
DH
Chapter 5 Pre-Fund
Diligence
10.25.21
Updated Section 541 TILA-RESPA Integrated Disclosure Rule
Prior:
Closing Disclosure
Some changes are permitted, however if any of these three items change, the 3 day waiting period
begins again:
o APR becomes inaccurate by more than .125
Revised:
Closing Disclosure
Some changes are permitted, however if any of these three items change, the 3 day waiting period
begins again:
o APR increases by more than .125
AS
A410 Title Insurance
04.08.22
Removed:
For a Mortgage Loan secured by Mortgaged Property located in the state of Iowa, Lakeview will accept
an attorney’s certificate of title in lieu of a title insurance policy, provided all the following conditions are
met:
1. The certificate must be addressed to Lakeview and all of its successors in interest as evidenced by
the Mortgage Note and Security Instrument.
2. The certificate must be given by an attorney licensed to practice law in the state of Iowa, who is
insured against malpractice for rendering certificates of title in an amount not less than the amount
commonly written in the state of Iowa, taking into account the number of these certificates rendered by
the attorney.
3. The certificate must state: “We (I) agree to indemnify you and your successors in interest in the
Security Instrument opined hereto, to the full extent of any loss attributable to a breach of our (my) duty
to exercise reasonable care and skill in the examination of the title and the giving of this opinion.”
4. The certificate must not be subject to any exceptions, other than those permitted under the following
Title Exceptions and Title Exception Warranties sections.
Added:
For a Mortgage Loan secured by Mortgaged Property located in the state of Iowa, only an Iowa Title
Guaranty issued by the Iowa Finance Authority is acceptable.
AS
5A Legal, Servicing and
Compliance Review
04.08.22
Added bullet point:
Remote Online Notarizations (RON) is not permitted at this this time for Borrower signed documents
170
AS
B301 Daily Pricing and
Overnight Rate Protection
04.08.22
Title change to: B301 Daily Pricing and After Market Rate Protection
Previous:
A. Daily Prices & Ratesheets Daily prices are established at approximately 10:00 AM ET and are
available at www.lakeviewcorrespondent.com. Lakeview will have periods when no pricing is available.
These ”blackout periods“ generally occur from 8:25 AM through 10:00 AM ET. There may also be
periods during the day when market conditions will necessitate a general ratesheet price update. During
these periods Sellers will be unable to obtain rate locks over the phone or Internet. Any faxes received
during these blackout periods will be priced under the next available ratesheet.
B. Overnight Rate Protection Lakeview may provide, at its discretion, Overnight Rate Protection
(ONRP) for its Sellers. ONRP enables Sellers to lock in new originations after the close of normal
business hours, and applies only to Best Efforts Delivery Commitments. ONRP is based upon the time
zone in which Seller's main office is located, and begins at 5:00 PM local time to 8:25 AM ET, on the
following Business Day. If a Seller locks a loan on the website or faxes the request in after 5:00 PM
local time, the system locks the dollar amount up to the ONRP limit. If Seller exceeds the limit, the
system will notify the Seller of the amount by which they exceeded the limit. Locks received via fax are
generally processed after requests sent via the website, which are completed in real time. When a faxed
lock request is processed, if the lock request exceeds the Seller’s ONRP limit, Lakeview will fax back a
Pending Registration Confirmation. Once new pricing becomes available, the Seller may submit a new
lock request based on current rates. Lakeview is not responsible for lock requests that are rejected due
to ONRP limits.
New:
A. Daily Prices & Ratesheets
Daily prices are established at approximately 10:00 AM ET and are available at
www.LakeviewCorrespondent.com.
Lakeview will have periods when no pricing is available. These “blackout periods“ generally occur from
12:00 AM EST through 10:00 AM EST. There may also be periods during the day when market
conditions will necessitate a general rate sheet price update. During these periods, Seller will be unable
to obtain rate locks over the phone or internet. Any faxes received during these blackout periods will be
priced under the next available rate sheet.
B. After Market Rate Protection
Lakeview may provide, at its discretion, After Market Rate Protection for Seller. After Market Rate
Protection enables Seller to lock in new originations after the close of normal business hours, and
applies only to Best Efforts Delivery Commitments. After Market Rate Protection begins at 7:00 PM EST
and ends at 12:00 AM EST.
If a Seller exceeds their After Market Rate Protection limit, they will be notified the next day and
Company may reject or re-price any dollar amount over the limit. Once new pricing becomes available
the next business day, the Seller may submit a new lock request based on current rates. Company is
not responsible for lock requests that are rejected due to After Market Rate Protection limits.
AS
B308 Suspended Closed
Loans
04.08.22
Added Bullet Point:
Require a recertification of value after 120 days from date of suspension (to capture market changes in
the appraisal ask from Operations/Delivery)
AS
All
05.16.22
Non-Delegation sections added
AS
D108 Recast Allowance
08.12.22
Added Recast Allowance section
AS
Chapter 7 Definitions
08.12.22
Added Recast definition
AS
D106 - Early Payoff
08.12.22
Added:
For additional guidance on Early Pay Off, please see Section B604 Post Acquisition and Servicing.
AS
B604 Post Acquisition and
Servicing
08.12.22
- Added “and Servicing” in section title
Added all content under the following, newly created sections:
- Early Pay Offs After Mortgage Loan Purchase TPO Correspondent Loans
- Interim Servicing
- First Payment Refund Research Requests
- Post- Purchase Payments Received by the Seller
- Post-Purchase Non-Sufficient Funds Borrower Payment Checks
- Private Mortgage Insurance Premium Remittance
AS
C603 Returning Funds to
Lakeview
08.12.22
Removed section in its entirety
“Return funds to original sender of wire or contact Client Manager for specific wire instructions
AS
A101 Miscellaneous
09.23.22
Added item I Address Confidentiality progams
AS
C101 - #17
10.21.22
Added - An Attorney’s Title Opinion Letter in lieu of title insurance is not permitted.
AS
A410 Title Insurance
10.21.22
Added - An Attorney’s Title Opinion Letter in lieu of title insurance is not permitted.
AS
C503
Allonges/Endorsements to
the Note
11.04.22
Removed:
TPO Agency: Lakeview Loan Servicing, LLC
171
AS
B603 Final Documents
01.25.23
Added to first paragraph:
“See Final Document Fee Section below for more details.”
Added:
Note: For MSR Sales, please use finaldocs@pingorafund.com. The above address is NOT to be
used for MSR sales.
Sellers may email loan documents to Indecomm at bayview.docgeni[email protected]. In
addition, documents can be uploaded directly to the Indecomm DocGenius portal at
https://dmg.indecomm.net/ViewPointUpload/. Any document delivered via SFTP or email must
be subsequently sent as a physical copy to the address listed above.
Sellers are encouraged to create an online Indecomm account to access reporting, retrieve
document status, or set up SFTP connections for delivery. Please contact the Indecomm support
team at DocGeniusAdmin@indecomm.net for further information.
All questions or inquiries regarding recorded mortgages, final title policies and assignments
should be emailed to BayviewTeam@indecomm.net
4. Final Document Fee Schedule
Final Documents must be delivered within 120 days of the purchase date. Failure to deliver within
this timeframe, a penalty of $100 per final document will be assessed. Every 60 days thereafter,
when a final document remains outstanding, an additional penalty of $100 will be assessed per
missing document. If, after 240 days from purchase, all required documents have not been
provided, Lakeview or Bayview will attempt to obtain the missing documents and in turn, itemize
and invoice the Seller.
DM
Definitions
03.08.23
Added to non-Permanent Resident Qualified Alien definition :
Exception for HFA loans only: An Alien with Pending Asylum status is
acceptable on conventional loans only. Borrower must provide a valid C08 Employee
Authorization card and an Asylum Application receipt (or printout from USCIS status
website), validating borrower status.
AS
D102 Repurchase
03.29.23
Removed:
Where the appraisal is ordered through the AMC Service provided by Lakeview, if an Event of Default
has occurred with respect to a specific Mortgage Loan because the value of the collateral is not
sufficient or the appraisal does not meet investor guidelines, Lakeview will not exercise its right to
demand repurchase of the specific Mortgage Loan by reason of such particular Event of Default,
provided that in all other aspects the Mortgage Loan was eligible for purchase by Lakeview at the time it
was submitted for purchase by Seller.
AS
D506 VA Loans
03.29.23
Removed:
Addendum to Application (VA Form 26-1802a) completed as required
o Loan terms on Addendum must match actual loan terms
Per: VA Circular 26-23-03 posted 01.17.23
AS
E502 Re-Inspection
Requirements
03.29.23
Clarified:
In some instances, Lakeview may extend the incident period ending date, longer than the FHA
guidance of fourteen (14) days. This depends on the scale and scope of the incident. Please refer to the
Disaster Declaration File for the incident starting and ending dates for all Lakeview declared disasters.
AS
D505 Tax Transcripts
03.29.23
Added line:
Additional documents, (i.e. copies of cancelled checks for IRS Payment/IRS refund, or electronic filing
receipt from the IRS indicating the Submission Identification Number (SID) and AGI that matches the
return) may be required on a case-by-case basis.
SG
B301 Daily Pricing and After
Market Rate Protection
5.10.23
Added lines in red:
Daily prices are established at approximately 10:00 AM ET and are available every day (including
weekends) at www.lakeviewcorrespondent.com. Weekend pricing will be based off of the last active rate
sheet and is subject to the After Market Rate Protection policy
Removed “S” from EST time zone
DM
Definitions
5.17.23
Updated requirements for conditional permanent residents and clarified language in Non-Permanent
Resident Alien definitions
SG
Chapter 6 Shipping and
Delivery Methods
6.6.23
Updated references to chapter 7 to 6A, 6B and 6C for accuracy
172
DH
Chapter 1
6.28.23
Updated Section 1C Reps, Warranties, and Covenants
Removed
coverage in an amount equal to the lesser of (i) the full insurable value of the Mortgaged Property or
(ii) the unpaid principal balance owing on the Mortgage Loan
Updated to align with Chapter 4 insurance requirements as follows:
coverage in an amount equal to the lesser of (i) 100% of the insurable value of the improvements as
established by the property insurer or (ii) the unpaid principal balance of the first mortgage and the
second mortgage Loan amount, as long as it equals the minimum amount80% of the insurable
value of the improvementsrequired to compensate for damage or loss on a replacement cost basis.
Seller must ensure that the Mortgaged Premises will be adequately covered even when vacant, and
where necessary, must obtain a vacancy permit endorsement.