RFA_Lender Application_Fillable_01Mar2023.docx

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Attached to
Request for Applications #7385: Mortgage Origination/Flex Lending
Solicitation number
S-91400-00008182
Issued by
Marion County, Oregon

About this file

This document is an Application to become an approved lender with the Oregon Housing and Community Services (OHCS) department. The application requires the applicant to provide information about their company, financial statements, ownership, key personnel, licensing, approvals, quality control procedures, warehouse lines of credit, insurance and bonding, and any legal or regulatory disclosures. The completed application package must be submitted to OHCS by email, and OHCS will review the application and verify the information provided.

The related state and local contract opportunity is a Request for Applications (RFA) for Mortgage Origination/Flex Lending services in Marion County and the City of Salem, Oregon. The RFA is being issued by OHCS. Eligible applicants must be approved lenders with OHCS. The RFA does not provide specifics on the quantities, pricing, or term of the potential contract.

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Application

Application

To apply for approval as an OHCS approved lender, please complete the Application Package and submit with all Attachments and supporting documentation, stacking order is per the Application Checklist. Email the signed and complete package to OHCS.Contracts@hcs.oregon.gov. OHCS will review the application package and verify the information provided.

Questions: Please direct questions are directed to our Single Point of Contact.

Single Point of Contact (SPC): DeAundra Lewelling 725 Summer Street NE Suite B Salem, Oregon 97301-1266 Phone: 971.720.3214 Email: ohcs.contracts@hcs.oregon.gov

Company Information:

· Corp
· LLC
· Federally Regulated Institution
· Other:
HMDA Covered Institution?
· Yes
· No
Is Company listed by the Securities & Exchange Commission?
· Yes
· No

If yes, provide Ticker and Exchange:

Is Applicant or Parent a Bank, Thrift, or Credit Union?
· Yes
· No

If yes, provide the published information as listed by IDC Financial Publishing Inc.:

Abbreviated Name:

City, State of Headquarters:

Legal Name: (As it appears in NMLS)

DBA:

Company Liaison for OHCS:

Title:

Liaison Direct Phone:

Liaison Email:

Federal Tax ID:
NMLS ID:
Main Phone:
Webpage:

Main Address:

City:

State:
Zip:

Mailing Address (if different from Main Address):

City:

State:
Zip:

States Licensed In:

# of Branches:
# of Originators:

Oregon Branch & Origination Information: (Oregon Brick and Mortar Branch(es) required)

# of Oregon Branches:
# of Oregon Originators:

Parent Company Information: (If applicable) Parent Company Name:

Street Address (required):

City:

State:
Zip:

% of Parent Ownership:

Affiliated Companies:

Affliated Company Name:

DBA:

Relationship:

Type of Business:

Address:

Webpage:

Phone Number:

Owner:

% of Ownership:

Owner email:

Note: In addition to the information above, please complete affiliate questionnaire.

If additional affiliated companies exist, please provide a list in the same format as above.

Supporting Documentation Required Attachments (Follow Application Checklist for order):

1. Formation/Organization (Articles of Incorporation & By‐laws, LLC: Operating Agreement and Articles of Organization, Limited Partnership & LP Agreement, Bank Charter)

2. Oregon Secretary of State registration and associated DBA’s

3. NMLS Licensing information for Main office, Oregon, Oregon Branches and Oregon Originators

Financial Summary:

Time Period
Net Income
Equity/Net Worth
Assets

Fiscal YTD:

FY ending: / /

FY ending: / /

Principle Owners: (list all owners >10%)

Principal Officers
Name
Phone
SSN#
e-mail
Ownership %

Business Owner(s)*

President/CEO*

CFO*

COO*

CTO*

EVP*

Other*

*Indicates Resume Required

Key Managers:

Manager of Key Functions
Name
Phone
e-mail
Ownership %

Secondary*

Production*

Underwriting*

Servicing

Quality Control

Legal/Compliance

Investor Delivery

Trailing Documents

Web Administrator

Appraisal Manager

*Indicates Resume Required

Agency/Investor Approvals:

Agency
Approval Date
ID#
Delegated

(Y/N)

Contact
Phone#
Email
%Delivered

Fannie Mae

Freddie Mac

Ginnie Mae

FHA

PIH

RHS

VA

Attach Agency Approval letters, if approved by FNMA, FHLMC, FHA, VA, USDA, PIH and/or GNMA and Investor scorecards ‐ (For all investors/lenders dated within 90 days.) Note: Scorecards submitted should represent at least 70% of total production.

Originations:

Identify top state licenses & % of Total Originations for each state State:

State:

State:

State:

Originations by type:

YTD

Units
Volume
%

Retail

TPO

Annual Originations (Previous 2yrs. & YTD):

YTD
Last yr. 20__
Yr. Prev. 20__
Units
Volume
%
Units
Volume
%
Units
Volume
%

Conforming

Agency Jumbo

FHA

Section 184

USDA

VA

203K

Jumbo

Other: Non-QM

Other: Commercial

Total:

Mortgage Insurance Relationships: (Attach Delegation Letters)

Company Name
Delegated (Y/N)
Master Policy
Contact Name
Phone#
Email

Provider Information:

Software & Systems Loan Origination Software (LOS) Provider:

Product & Pricing Engine (PPE) Provider:

Hedge Firm:

Compliance Engine Vendor:

MERS ID (Required):

Vendor Management

Vendor
Company Name
Contact
Phone#
Email

Appraisal Management

Include AMC Agreement if applicable

Flood Certification

Credit Repository

Tax Transcript Provider

QC Software Provider

QC Outsource Provider

Include QC Outsource contract if applicable

Other

Warehouse Lines of Credit:

Do you fund from your own resources to close loans in your name?
· Yes
· No
Do you have a warehouse line of credit to close loans in your name?
· Yes
· No
Warehouse Lender Name
Line Amount
Expiration Date
Eligible Loans

Attach verification form, approval letter complete with line amount and covenants and bailee letter for each warehouse line.

Repurchases & Indemnifications:

Repurchases & Indemnifications In the past 12mos.

#Loans
UPB$
Settlement$/Expected Settlement$

Repurchases:

Indemnifications:

Outstanding Repurchases:

Booked Loans (non-saleable or severely impaired)

Age of oldest outstanding repurchase:

Note: Please provide a letter of explanation for repurchase including reason and origination date or demand letter from investor.

Insurance & Bonding

Vendor
Deductible
Coverage
Policy#
Renewal Date

Errors & Omissions

Fidelity Bond

Note: Please provide copies.

Disclosures:

With respect to the Applicant, its parent(s), officers, senior management, directors, partners or owners: List any claims and/or litigation in process, convictions (excluding traffic violations), judgments, investigations or supervisory action by a regulator, agency, or any other entity, and any other contingent liabilities not shown in the financial statements. Include the present status and opinion of probable liability.

If any is YES to any of these questions, submit written documentation for the original finding and response or a letter of explanation.

Suspensions: Has the company ever been suspended from selling or servicing mortgages by any Investors?
· Yes
· No
Fraud/Misrepresentation: Has the company and/or principles or corporate officers been named as a defendant in a lawsuit or alleged fraud or misrepresentation?
· Yes
· No
Litigation: Has the company ever been involved in, or is the company currently involved in any litigation?
· Yes
· No
Is your institution the defendant in any class action suit?
· Yes
· No
Bankruptcy: Has the company and/or principles or corporate officers filed for protection from creditors under provision of the bankruptcy laws within the past seven years?
· Yes
· No
Disciplinary Action: Has the company and/or principles or corporate officers ever had a real estate or other professional license suspended, revoked or received any other disciplinary action for a regulatory agency?
· Yes
· No
Crimes: Have any of the principles and/or any named person on this application (employed by the company) ever been convicted of a crime, or are named as a defendant in any current criminal proceeding?
· Yes
· No
Regulatory Supervision: Has the company ever entered into a supervisory agreement with any regulatory agency?
· Yes
· No
Hold Harmless & Repurchase: Has any lender enforced, or attempted to enforce, the Hold Harmless or Repurchase clause with the company and/or any principals or officers?
· Yes
· No
Unfavorable Findings: Has the company had any unfavorable finding with regard to mortgage operations, activities including but not limited to any audit, examination, or report by Fannie Mae, Freddie Mac, HUD, VA, GNMA, OTS, FHLB or any other Federal or State regulatory/investigatory agency?
· Yes
· No

If any is NO to any of these questions, submit written documentation for the original finding and response or a letter of explanation.

Capital Requirements: Does the company comply with the capital requirements of each state and federal regulatory agency with jurisdiction over your lending practices?
· Yes
· No
Does your company comply and conform to Fannie Mae or Freddie Mac Responsible Lending and Anti Predatory Lending guidelines?
· Yes
· No
Quality Control: Does the company comply and conform to Fannie Mae or Freddie Mac quality control guidelines?
· Yes
· No
Appraiser Independence: Does the company comply with Appraiser Independence requirements f/k/a HVCC?
· Yes
· No
Patriot Act: Does the company comply with the Patriot Act?
· Yes
· No
Data Safety: Does the company comply with the Gramm‐ Leach‐ Bliley Act?
· Yes
· No
Excluded Individuals: Does the company have procedures for checking all employees against the U.S. General Services Administration (GSA) Excluded Party List, HUD Limited Denial of Participation List (LDP List), or any other required government or public excluded party list?
· Yes
· No

Note: OHCS may make reference inquiries and may, at its sole expense, order independent background investigations on the applicant and/or principal officers and may submit the company name and the name of any employee of the company for screening through databases by Mortgage Asset Research Institute (MARI) including the Mortgage Industry Data Exchange (MIDEX). Execution of this application certifies full compliance with the regulatory requirements of the Bank Secrecy Act (BSA), Anti Money Laundering (AML) and Office of Foreign Assets Control (OFAC).

Certification:

We are providing the information set forth in this Application to induce you to approve us to sell closed residential mortgage loans to OHCS. We acknowledge and understand that you will rely on the information set forth in this Application and we represent, warrant and certify that the information set forth in this Application is true, correct and complete. By executing this Application, we authorize you, both before and after you approve our application, to make all inquiries, obtain all information and make all disclosures you deem necessary or advisable to verify the accuracy of the information contained in this Application; discuss with third parties our credit worthiness, credit standing, credit capacity, character, general reputation, personal characteristics, mode of living, job performance and other job‐related information; and obtain consumer reports, credit reports, business reference reports, criminal background checks, banking information and other reports concerning such topics related to mortgage lending activities as you deem necessary or advisable. We authorize any person or entity, including, without limitation, any consumer reporting agency, law enforcement agency, regulatory agency or financial institution, to give you any information it may have on us, and we authorize you to make all disclosures you deem necessary or desirable to such person and entities concerning your experience with us. Finally, we authorize you to answer questions about your experience with us and to release to others any information that we provide to you or that you separately obtain. As long as a Loan Purchase Agreement remains in force between us and OHCS we will upon request provide you with an updated Prospect Application. This Prospect Application and any other financial or other information that we give you or that you obtain as part of this process or our relationship is your property, and we authorize you to share such credit and other information with any of your affiliates.

Lending Application:

The undersigned and the Applicant each agree to update the information provided to OHCS in connection with this application in the event that any material information provided to OHCS changes in any respect. Information and reports authorized above may be obtained on the business and on the owners and officers who sign this form. The Applicant agrees to indemnify and hold OHCS harmless from and against any and all liabilities, damages, costs and claims resulting directly or indirectly from OHCS’s reliance upon, use of or verification of all such information submitted in connection with this application. For the purpose of becoming an approved lender with OHCS, I (we) certify the above information to be true and correct. The undersigned declares that the foregoing information and all accompanying information are true to the best of their knowledge and belief. OHCS is hereby authorized to obtain verification of information from any source (including character and credit references). The undersigned hereby transfers and grants the right to use all information herein and all accompanying information to OHCS and its agents. All pages of this application including supplements and other information that is provided to OHCS are considered a part of this application, and therefore subject to this agreement.

Legal Name of Applicant

Typed Name and Title of Authorized Officer

Signature of Authorized Officer

Date

Attachments Application must contain each of the following elements, all elements must be complete with original signatures. Application submission must be compiled/stacked in the order on the Application Submission Checklist:

· Cover Page^ - Attachment “A”

· Application Submission Checklist^

· Application^*

· Corporate Resolution (corporate seal or notarized)^*

· Authorization form signed by Officer of the Organization and all owners with 10% or more ownership.^*

· Limited Irrevocable Power of Attorney^*

· Application Certification^*

· Tax Affidavit*^

· Bank Secrecy Act/Anti‐Money Laundering Certification^*

· Web Administrator Form & Exhibit(s) A^*

· W‐9 Request for Taxpayer Identification Number and Certification*

· http://www.irs.gov/pub/irs‐pdf/fw9.pdf

· Organization Information:

· Formation/Organization (Articles of Incorporation & By‐laws, LLC: Operating Agreement and Articles of Organization, Limited Partnership & LP Agreement, Bank Charter)

· Personnel - Resumes for Key Personnel. (Owners with >10% ownership interest as well as managers and/or key personnel involved in daily mortgage operations, including: President, Principals, Operations, Underwriting, CFO, CEO, Sales Manager, Secondary Marketing.

· Organizational Chart

· Financial Statements – Previous two years audited financial statements and most recent quarterly, unaudited financial statements.

(Financial Statements not required for Federally Regulated Financial institutions.)

· Branches/Loan Officers:

· Branches - Provide a list of all Oregon branches and branches who wish to do business in Oregon complete with Branch Name, Branch Address, Branch web address, Phone Number.

· Loan Officers - Provide a list of all Loan Officers who will be authorized by the company to originate loans with the department complete with Name, Branch Location, Branch Address, Direct Phone Number, Webpage, Email Address, NMLS-ID.

· Licensing: Organization and loan officers must be licensed and approved to conduct business in the state of Oregon.

· Corporate office

· Oregon office(s) and all offices originating loans in the state of Oregon

· NMLS licenses for all loan officers who wish to originate mortgages with the department. Include NMLS ID, Address, Name, Phone, Email Address.

· Business Registry - Provide current Business Registry information from Oregon Secretary of State website for company and associated DBA’s

· Approvals/Delegation:

· Agency Approval letters, if approved by FNMA, FHLMC, FHA, VA, USDA, PIH and/or GNMA

· Investor scorecards ‐ (For all investors/lenders dated within 90 days.)

· Note: Scorecards submitted should represent at least 70% of total production.

· Mortgage Insurance Company Delegation Letters

· HFA’s - Provide a list of HFA’s with which you have a relationship, including address, webpage, contact name, phone number and email.

· Underwriting Staff Information: Resumes including certifications and ID#’s (DE, LAPP/SAR, etc.)

· References for 3 Lenders, 1 Warehouse Line, 1 HFA (Reference Forms)

· Appraisals:

· Appraisal Attestation Form^*

· AMC Agreement, if applicable

· Policies and Procedures:

· Quality Control Policy & Procedures (Pre-Funding & Post Closing)

· Quality Control Reports ‐ Most recent two months Post Closing Quality Control Audit Summary report with Management’s Response to Finding, dated within 120 days of origination.

· Consumer Complaint tracking policy and procedures.

· Post‐Closing Quality Control outsource contract (if applicable)

· Compliance Findings - Document material compliance findings with any Federal, State, regulatory agencies (including the CFPB) in the past five (5) years.

· Warehouse line(s):

· Warehouse Line of Credit Verification Form (One for each warehouse line) ^*

· Bailee Letter ‐ Sample copy of Bailee Letter for each warehouse lender or Self‐funding letter as applicable. (Letter used to communicate wiring instructions and release security interest in loans purchased).

· Insurance & Bonding: Provide copies of all E&O and Fidelity Bond coverage.

· Note: Investor losses must be covered in the amount of at least $300,000 and deductible cannot exceed the lesser of 5% of the face amount of the policy or $100,000.

· Disclosures :

· Legal Action - List any claims and/or litigation in process, convictions (excluding traffic violations), judgments, investigations or supervisory action by a regulator, agency, or any other entity, and any other contingent liabilities not shown in the financial statements. Include the present status and opinion of probable liability.

· Repurchases & Indemnifications - Please provide a letter of explanation for repurchase including reason and origination date or demand letter from investor for all repurchases and indemnifications.

· Conflicts of Interest - Identify any conflict of interest that may arise as a result of business activities or ventures by your firm and associates of your firm, employees, or subcontractors as a result of any individuals’ status as a member of the board of directors of any organization likely to interact with OHCS.

· Affiliate Questionnaire(s)

· Affidavit of Trade Secret - If Applicant believes any of its Application is exempt from disclosure under Oregon Public Records Law (ORS 192.410 through 192.505), Applicant shall complete and submit the Affidavit of Trade Secret and a fully redacted version of its Application, clearly identified as the redacted version.^*

(^) Indicates document(s) provided by OHCS, other documents must be supplied by the applicant.

(*) Indicates documents containing original signatures needed. Mail original complete documents to: Comment by Scott Shaw: Deferring to DOJ on Original "wet" signatures.

Oregon Housing & Community Services

RFA# [XXXX]

Attn: Single Point of Contact (SPC) 725 Summer Street NE Suite B Salem, Oregon 97301

Application
Page 1 of 1

Oregon Housing and Community Services | 725 Summer St. NE Suite B, Salem, OR 97301-1266 | (503) 986-2000 | FAX (503) 986-2020

Application Submission Checklist
Page 2 of 2

Oregon Housing and Community Services | 725 Summer St. NE Suite B, Salem, OR 97301-1266 | (503) 986-2000 | FAX (503) 986-2020 image2.png image1.png

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