For Newly Originated & Performing Loans
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NOTE: FCI will not service EQUITY SHARING Loans, AITD/Wraps, REVERSE MORTGAGES, COOPERATIVE LOANS (Co-Op), NEGATIVE AMORTIZATION Loans, DAILY SIMPLE INTEREST Loans (interest accrual method from date received to date received), Notes that charge INTEREST ON INTEREST, or any Loans with an EXCESSIVE NOTE INTEREST RATE. This with the exception of: Lender agrees to let FCI service the Loan as a regular or partially amortized Loan, or as an interest only Loan with no negative amortization, or at a reasonable Note Interest Rate.
*A complete Loan Servicing Setup Package must be received to start servicing.
*The Setup Fee is due at the time of Setup, with all documents/information, and is non-refundable.
*Missing documents/information requested by FCI must be provided within 30 days of initial Boarding or the Loan will be Deboarded.
*Loans can be prelim Boarded with copies of UNRECORDED documents, but copies of required RECORDED documents (Deed, Mortgage, Assignments, etc.) must be provided within 60 days.
LOAN BOARDING COMPLIANCE RELATED FEES
(All Programs)
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| For Fixed Rate, Single Lender, non escrow/impounded BASE FEE |
$65 per Loan for 1 - 9 Loans
$35 per Loan for 10+ Loans submitted at one time
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| LOANS MORE THAN 1 YEAR DELINQUENT |
$95 BASE FEE |
| For more than one Lender |
Add $10 per Lender |
| For ARM/HELOC - Performing |
Add $5 per Loan |
| For ARM/HELOC - Non-Performing |
Add $15 per Loan |
| For Loans with Escrow/Impounds |
Add $15 per Loan (one Property) |
| For Escrow/Impounds on additional Properties |
Add $5 per Property |
| For Loans with Default Rate automatic |
Add $15 per Loan |
| For Active Bankruptcy, Forbearance Plan, Complex Loans & Complex Loan Modifications |
$150 per Loan |
| For Partial Note Sale (Hypothecation) Loans |
$75 per Loan |
TRANSFER OF SERVICING to FCI: During a Transfer of Servicing from the current Servicer to FCI, after your Setup Contact receives the Setup Form (Transmittal Form 2) along with the requested items, there will be a minimum 15 day interim (wait) period once the Transfer of Servicing Goodbye Letter has been approved by FCI for the transferring Servicer. There is no activity and no new information your Setup Contact can give you during this period. You will receive a Boarding Notice Email when the Loan is boarded.
COVERED LOAN (Dodd Frank) in BANKRUPTCY: All Covered Loans (Loans secured by a Consumer/Borrower Primary Residence) with active Bankruptcy cases (Chapter 7, 11, 12, 13) must be on the Full Collection Servicing Program ($95 base/month) so FCI as Servicer can create/send required statements compliant with CFPB and Bankruptcy Court rules. Active Bankruptcy Loans are serviced as 1 pre-petition Loan and 1 post-petition Loan.
Loans with active Bankruptcy cases may be on alternative Servicing Programs in the following circumstances only: (1) HELOC Loans, (2) Business Purpose Loans, (3) Debtor indicates intent to surrender property in Bankruptcy filings, (4) Debtor indicates intent to lien strip the property and/or Bankruptcy Court has ordered the lien stripped for purposes of the Bankruptcy, or (5) the automatic stay does not apply to the property.
COVERED LOAN (Dodd Frank) Foreclosure Prevention Alternatives (FPAs), and NON-COVERED LOAN written Borrower/Consumer Loss Mitigation Requests: FCI as Servicer will produce and mail the required combined acknowledgement/response letter informing the Borrower/Consumer of their Lender’s response to their written request. FCI will produce and mail all correspondence required to respond to written Borrower/Consumer FPA and Loss Mitigation Requests. This process requires multiple written communications, compliance timeline tracking, and progress notations. There is a Loss Mitigation Written Response Fee of $45 per response, only for Loans not on Specialty Servicing Full Collection.
NOTE: The Servicer is accountable for all aspects of Loan servicing compliance, including loss mitigation compliance, and will not agree to Lender requests to answer written loss mitigation applications themselves. On verbal loss mitigation discussions between Consumers and their Lenders, without written Consumer loss mitigation applications received by FCI or the Lender, the Regulation X §1024.41 process is not required. However, the Lender must keep FCI informed of all communication content and outcomes. Lenders on Specialty Servicing Full Collection program are not subject to these Covered Loan response fees.
Notice for Delinquent Loans: It is standard in the industry for the Investor/Lender to go to a forced placed Hazard Insurance provider, check Property Taxes through public records or use a Tax Service, and (if applicable) file a Request for Notice of foreclosure with any senior lien holders. FCI offers Insurance Tracking as an option within its servicing and access to deeply discounted force placed Hazard Insurance.
Notice for Performing Loans: When the Borrower's monthly payment does not include Escrow/Impounds for Property Taxes and Hazard Insurance, it is standard in the industry for the Investor/Lender to file a Loss Payee Notice with the insurance company, check for payment of taxes once a year through public records or use a Tax Service, and (if applicable) file a Request for Notice of foreclosure with any senior lien holders.
HIGH TOUCH PERFORMING Loan Servicing PROGRAM FEES
(For Newly Originated and Performing Loans)
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HIGH TOUCH SERVICING
(Loans up to $400K)
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$35 per Loan/Month/Lender, or $20 per Lender (if greater) |
HIGH TOUCH SERVICING
(Loans over $400K up to $1M)
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Add $10 per $100K or portion thereof, ($1M = $95) or $20 per Lender (if greater) |
HIGH TOUCH SERVICING
(Loans over $1M)
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$95 at $1M plus $20 per $M (or portion thereof), or $20 Loan/Month/Lender (if greater) |
| ARM LOANS |
Add $5 per Loan/Month |
| HELOC LOANS |
Add $5 per Loan/Month |
| NEW YORK LOANS |
Add $10 per Loan/Month |
| COVERED LOAN (Dodd Frank) COMPLIANCE on Performing Loans that become 25 days delinquent |
No additional Fee |
| ESCROW/IMPOUNDS service included |
Add $15 per Loan/Month for 1-2 entities (taxes & insurance)
Add $2.50 per Loan/Month per entity over 2 entities (city, county taxes)
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| LOAN RESET for Data Entry |
$65.00 per Loan for 1 - 9 Loans
$35 per Loan for 10+ Loans submitted at one time
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HIGH TOUCH PERFORMING LOAN SERVICING Summary: On this program FCI is the Sub-Servicer acting at the direction of its Lender Clients (Owner of the Notes) for Newly Originated Loans, Performing Loans and Performing Loan Pools. High Touch Standard Loan Servicing includes all the Standard Basic Loan Servicing program features plus outgoing Collection Calls along with the Late Notices. This program also includes Regulatory Compliance Actions for Covered Loans (Dodd Frank: Primary Residence) at no additional servicing fee.
This program consists of Payment Processing, Basic Collection, Outgoing Collection calls, and Default Servicing Option to transfer the Loan to Specialty Loan Servicing Full Collection program for collection and loss mitigation services. There is a one time Loan Setup Fee (per the above Fee Schedule) due at Setup of $65 per Loan for 1-9 Loans or $35 per Loan for 10+ Loans submitted at one time, add $10 per additional Lender, add $5 per performing ARM/HELOC, add $15 per delinquent ARM/HELOC, add $15 with escrow/impounds, add $15 with activated Default Rate. Loan Setup for Active Bankruptcy, Forbearance Plan, Complex Loans and Complex Loan Modifications is $150 per Loan. Loan Setup for Partial Note Sale (Hypothecation) Loans is $75 per Loan. Data Entry fee to Reset any Loan terms, including Disbursements and Assignments of new Lenders, after a Loan is set up is $65 per instance, reduced to $35 per Loan if 10 or more are reset at one time. Performing Loan Servicing Fee BILLED instead of DEDUCTED from PROCEEDS, add $5 per Loan/Month. Transfer of Servicing from FCI to another entity (excluding payoffs) is $90 per Loan.
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COVERED LOAN (Dodd Frank) Regulatory Compliance Action Fee: PERFORMING LOANS (Senior or Junior position) secured by a Consumer/Borrower Primary Residence (Owner Occupied) that become 25 days delinquent are subject to an additional $25 monthly charge for 2 months to fulfill mandated servicing requirements.
Optional ESCROW/IMPOUNDS service: When the borrower's monthly payment on a performing first position Loan includes amounts for the payment of Property Taxes, Hazard Insurance or other entities, FCI will collect and hold those proceeds in a trust account and disburse the scheduled payments to the respective authority as scheduled. The fee is $15 per Loan per month for 1 or 2 entities and will be added to the monthly Loan Servicing Fee and prorated to the respective Lenders.
Taxes and Insurance Notice: On loans where the Borrower's monthly payment does not include Escrow/Impounds for Property Taxes and Hazard Insurance, it is standard in the industry for the Broker or Investor/Lender to file a Loss Payee Notice with the insurance company listing the Investor/Lender at their address, and sometimes the Broker, for notice. DO NOT LIST FCI OR USE FCI'S ADDRESS ON LOSS PAYEE NOTICES. If FCI does receive such notices or information, FCI may forward, but is not required to forward, such notification. The Broker or Investor/Lender can check for payment of taxes once a year or use a Tax Service, and (if applicable) file a Request for Notice of foreclosure with any senior lien holders. FCI offers Insurance Tracking as an option within its servicing and access to deeply discounted force placed Hazard Insurance.
Compliance Notice: Every Servicer and Loss Mitigation company must have Federal and State Licenses/Registrations in their company name at their specific address. For your protection, check this at www.nmlsconsumeraccess.org; enter the company name to get the Federal ID, then click on the company name to get the State IDs.
Payoff and Reconveyance Notice: Regulations require the Servicer to maintain complete and current records of all loan servicing activities. As the entity that accepts Payoff Funds, FCI is responsible for ensuring the Reconveyance is recorded according to Regulatory timelines and requirements. FCI must perform all activities involved in processing Reconveyances including recording of all related documents such as release of Assignment of Rents, and Deed of Trust. Fees are charged according to State Code, $65 minimum (Borrower portion per State maximum), plus recording costs.
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Borrower Welcome Calls |
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Outgoing Collection Calls every 3 Business Days |
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Borrower Welcome Letters |
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Regulatory Actions on Covered Loans at 25 days delinquent |
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Borrower Monthly Statement with Payment Coupon |
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Optional Hazard Insurance Tracking, with Automatic Discounted Force Lender Placed Insurance (if no evidence of insurance in Loan Docs) |
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Lender Boarding Notice Email |
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Disbursements and Draws |
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Lender Monthly Statement of Account |
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Releases and Reconveyances |
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Same Day Payment Posting |
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IRS 1098 and 1099-INT Reporting |
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Daily Disbursement of Funds (after clearing) |
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Paper or EDI Communication |
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Electronic deposit of Funds (ACH) into Lender’s account
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24/7 Account Access |
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Escrow/Impounds Service for Insurance and Taxes if included in Loan Docs |
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Downloadable Reports |
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Late Notices sent at 11, 21, 31, 41, 61 and 91 days delinquent |
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Skip tracing if Contact Phone Numbers invalid. |
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Outgoing Collection Calls 2 days after Grace Period |
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No contact letters sent if no new phone numbers from Skip Trace |
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Newly Originated Loan: A Loan of any type that has just been made and just closed. The originating Broker/Company may have funded the Investor in at the closing, or the Broker/Company may have funded the loan themselves and will assign (or sell) the note to an Investor later.
Spread: On a Newly Originated Loan the originating Broker/Company may have a Note Rate on the Loan and a Sold Rate to the Investor/Lender. For example the note was originated at a Note Rate of 12% and is being sold to the Investor/Lender at a Sold Rate of 11% with the Broker/Company keeping 1% as additional monthly compensation (known as a Spread). The Broker/Company will typically continue to monitor the loan and provide guidance to the Investor/Lender. The borrower payments are disbursed to the Investor/Lender minus the Spread, and the Spread is disbursed to the Broker/Originator minus the Spread Disbursement Fee of $15. The Loan Servicing Fee is taken out of either the Investor/Lender disbursement or the Broker/Originator Spread Disbursement, as instructed at Loan Setup.
Performing Loan: FCI Servicing Program definition is any Loan that is current, one or two months delinquent, according to its original or modified terms. Loan Servicing Tracking definition is any Loan that is paid before the passing of the grace period.
Non-Performing Loan: FCI Servicing Program definition is any Loan that has missed the 3rd payment, or more. The known situation for each Loan needs to be disclosed. Loan Servicing Tracking definition is any Loan where the borrower's payment is not received within the grace period.
Partial Note Sale Loans: This is a process where the holder/owner of a performing promissory note (Primary Investor), which is usually amortized for 30 years, sells the remaining note's scheduled cash flow payments (monthly payments) to an investor (Secondary Investor) for an amount less than the current Unpaid Principal Balance of the loan, for a designated period of time (typically 8-10 years), and for an agreed upon rate of return (typically 8%-10%) to the Secondary Investor. This can be done using a Hypothecation Agreement or by Assignment of the note.
There are three main factors needed to create a Partial Loan (Balance, Term, Rate). (1) How much does the Secondary Investor want to invest (Balance of Note Bought)? (2) How long do they want to have their money invested (Term of the Investment)? (3) What rate of return (Rate) are they looking for on this investment?
FCI has software specifically designed for servicing Partial Note Sale situations. Your Customer Login will show cash flow and balances for each Investor, as well as track and display the separate amortization schedules and maturity dates.
A critical success factor when creating a Partial Note Sale is to be sure you have a seasoned, well performing note. If not, then many serious problems could arise.
Loan Pools: A group of Loans that may be Performing, Non-Performing, or mixed. The situation for each Loan in the pool should be disclosed.
Compliance Notice: Every Servicer and Loss Mitigation company must have Federal and State Licenses/Registrations in their company name at their specific address. For your protection, check this at www.nmlsconsumeraccess.org; enter the company name to get the Federal ID, then click on the company name to get the State IDs.
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