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Mortgage Loan Origination Agreement Template for United States

A Mortgage Loan Origination Agreement is a legally binding document used in the United States that establishes the relationship between a mortgage loan originator and a borrower. It outlines the terms and conditions under which the loan originator will process and facilitate a mortgage loan application, including fees, services provided, and compliance with federal and state regulations such as TILA, RESPA, and the SAFE Act. The agreement ensures transparency in the loan origination process and protects both parties' interests while maintaining compliance with applicable laws.

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What is a Mortgage Loan Origination Agreement?

The Mortgage Loan Origination Agreement serves as the foundational document governing the relationship between mortgage originators and borrowers in the United States. This agreement is essential when a borrower seeks assistance in obtaining a mortgage loan through a loan originator. It includes critical information about services provided, compensation structures, regulatory compliance requirements, and the responsibilities of all parties involved. The document ensures compliance with federal regulations such as the Truth in Lending Act, Real Estate Settlement Procedures Act, and state-specific requirements, while providing clear documentation of the origination process and associated fees.

What sections should be included in a Mortgage Loan Origination Agreement?

1. Parties: Identifies the loan originator and borrower with full legal names and addresses

2. Background: States the purpose of the agreement and basic context of the loan origination relationship

3. Definitions: Defines key terms used throughout the agreement including 'Loan', 'Application', 'Fees', etc.

4. Scope of Services: Details the specific services the loan originator will provide

5. Compensation and Fees: Outlines all fees, charges, and compensation structure

6. Representations and Warranties: Statements of fact and guarantees from both parties

7. Compliance with Laws: Commitment to comply with applicable federal and state regulations

8. Term and Termination: Duration of agreement and conditions for termination

What sections are optional to include in a Mortgage Loan Origination Agreement?

1. Additional Services: Used when additional services beyond standard loan origination are offered

2. Third-Party Services: Details about any third-party service providers and their roles in the loan origination process

3. Marketing and Advertising: Terms regarding promotional activities and marketing guidelines

What schedules should be included in a Mortgage Loan Origination Agreement?

1. Fee Schedule: Detailed breakdown of all fees and charges applicable to the loan origination process

2. Required Disclosures: Federal and state-mandated disclosure documents

3. Licensing Information: Copies of relevant licenses and certifications

4. Service Level Agreement: Detailed performance standards and timelines

5. Privacy Policy: Details about handling of personal and financial information

Authors

Alex Denne

Head of Growth (Open Source Law) @ Ƶ | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents

Jurisdiction

United States

Publisher

Ƶ

Document Type

Mortgage Agreement

Cost

Free to use

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