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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 from 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/impound 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 |
Add $15 per Loan |
| For Active Bankruptcy, Forbearance Plan, Complex Loans & Complex Loan Modifications |
$150 per Loan |
| For Partial Note Sale (Hypothecation) |
$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 time. The Lender 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.
NON-COVERED LOANS with active BANKRUPTCY: may be on alternative High Touch Servicing Program 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. 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.
SPECIALTY Loan Servicing PROGRAM FEES
(For Non-Performing Loans)
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FULL COLLECTION FOR NON -PERFORMING LOANS
(Loans up to $1M)
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$95 per Loan/Month |
FULL COLLECTION FOR NON-PERFORMING LOANS
(Loans over $1M)
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Add $20 per $M or portion thereof |
| ARM LOANS |
Add $0 per Loan/Month |
| HELOC LOANS |
Add $0 per Loan/Month |
| NEW YORK LOANS |
Add $10 per Loan/Month |
| ESCROW/IMPOUND service included |
Add $0 per Loan/month for 1-2 entities (taxes & insurance)
Add $0 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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SPECIALTY LOAN SERVICING Summary: On this program FCI is the Sub-Servicer acting at the direction of its Lender Clients (Owner of the Notes) to address Non-Performing Loans by facilitating the restructure of loans per Lender directions, presenting Lender offered FPA's (Foreclosure Prevention Alternatives), or by Providing Foreclosure Support if workouts are not possible, so the Lender can get back and sell the properties. It is staffed by experts at skip trace, collection, Foreclose Prevention Alternative workouts, and foreclosures.
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 notifications. 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.
COVERED LOAN (Dodd Frank) Regulatory Compliance Action Fee: PERFORMING LOANS (Senior or Junior position) secured by a Consumer/Borrower Primary Residence (Owner Occupied) on Specialty Loan Servicing or High Touch Performing Loan Servicing that become 25 days delinquent are not subject to an additional monthly charge for 2 months to fulfill mandated servicing requirements.
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.
Collection / Servicing begins as soon as we receive a complete Setup Package including copies of the seller’s RESPA ‘goodbye’ letters transferring servicing to FCI, and copies of the Assignments designating the new Lender/Investor. This quick start will also create lead time for the Lender/Investor to find and submit claims under the short warranty period for those purchased Loans. In Collection our initial focus is on locating, contacting and understanding the borrower’s situation and developing workout and modification programs at the Lender's direction to keep payments coming in. If workouts are not possible, our secondary focus is on cost effective and compliant coordination of the Lender's foreclosure action.
- NOTE: FCI coordinates all foreclosures on loans in our servicing to assure compliant processing. The Lender/Investor can never start a foreclosure directly.
The base fee for collecting and servicing delinquent Loans under the NON-PERFORMING LOAN PROGRAM is $95 per month per Loan up to $1M. For Loans over $1M add $20 per million or portion thereof. FCI does not charge a so called "Incentive Bonus" like most Specialty Servicers because Clients have a Live Customer Login to view servicing/collection activity.
Incoming performing Loans and Loans brought current as a result of modification, will go to the High Touch PERFORMING LOAN PROGRAM at $35 per month per Loan for one Lender or $15 per month per Lender, whichever is greater, billed equally, for Loans up to $400K. Loans over $400K through $1M add $10 per $100K or portion thereof, ($1M equals $95 per month). Loans over $1M add $20 per million or portion thereof, or $15 per month per Lender, whichever is greater. Add $5 per month for HELOC or Variable Loans. FCI is entitled to 50% of the paid Late Charges (or Default Rate only if it replaces the Late Fee) on Loans to $500K, 25% on Loans $500K to $2M, 15% on Loan over $2M.
There is a one time Loan Setup Fee per the above Fee Schedule due at Setup. Data entry fee to reset any Loan terms, including Disbursements and Assignments of new Lenders is $55 per instance, reduced to $30 per Loan if 10 or more Loans are reset at one time. Transfer of servicing from FCI to another entity (excluding payoffs) is $90 per Loan. Servicing fees and hard costs are paid by client as incurred. Hard costs primarily include payment of taxes, liens, Attorney fees, Trustee fees, and Municipal charges.
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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 and a Sold Rate. 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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