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Normal processing time is 7 to 10 business days. The actual time necessary to process and
close the loan may vary from the estimate due to loan volume and any delays in our
receiving information from you or from third party suppliers. Therefore, we are
unable to guarantee that your requested loan will be processed within the estimated
time or prior to the expiration of any firm lock-in commitment. For this reason,
you should assure yourself that the time period specified in the lock-in commitment
is sufficient for your purposes.
We typically quote rates without the
necessity of Borrower paying for any discount points or origination fees in connection
with the Loan. At the time you lock in the loan terms, you will be offered the opportunity
to buy down the rate. In such event, you must pay for the cost of such rate
reduction (commonly referred to as "discount points").
To the extent we require private mortgage
insurance (PMI) in connection with your loan, you will be responsible for the cost
of the PMI. Loans which exceed 80% of the appraised value of the property typically
require PMI.
In addition to the monthly installments
of principal and interest, you will be required to remit monthly escrow deposits
for the payment of real estate taxes, hazard insurance and flood insurance premiums
(if your home is in a flood plain), municipal assessments, private mortgage insurance,
or FHA Mortgage Insurance Premiums (if applicable), and all other items for which
an escrow is established under the terms of your loan documents. An initial deposit
for these items will be required at loan closing.
Lender‘s title insurance for
the loan is required on all loans. Lender‘s title insurance will not
insure your ownership interest in the residence but will solely insure losses incurred
by us due to any title defect in the property securing the loan. You should seek
the advice of your attorney regarding any questions you might have regarding the
availability and cost of title insurance for your ownership interest in your residence.
In the event you are purchasing the
residence which will serve as the collateral for the loan you are applying for we
may offer to pay for an owner‘s title insurance policy which insures your
interest in the Property ("Owner‘s Policy"). If we do make such
an offer, it will be included on a written "Commitment Letter" delivered
to you. In such event, you must solely rely upon the advice of your attorney
based upon his review of the commitment to insure your title to the Property for
the purpose of determining the adequacy and reasonableness of the commitment for
such Owner‘s Policy. Please note: any offer to pay for the Owner’s Title
Insurance will be contingent upon you using a title insurance provider from CapCenter’s
Approved Provider list and the Loan-to-Value (LTV) not being less than 60%.
On Refinance transactions, we may
engage the services of an attorney to represent us in closing the loan you have
applied for. The attorney so retained shall solely represent us. If you elect to
seek advice from your own attorney you will be responsible for the costs of your
attorney. We recommend that you seek the advice of an attorney to answer any legal
questions you may have with respect to this loan or to assist you in satisfying
our conditions for this loan if necessary. However, your attorney will not be required
to serve as escrow / or closing agent in the event you are refinancing and you choose
our No Closing Cost option.
In the event you are purchasing a
home, we will require you to retain an attorney to represent your interest in such
purchase and we will require your attorney to serve as escrow agent for the purpose
of closing the loan being applied for hereunder. CapCenter will agree to credit
you up to $400 for your closing attorney if the closing attorney you select is from
our Approved Attorney list.
We maintain a controlled list of required
providers (or rely on a list maintained by others). We will require or choose a
particular provider from our controlled or approved list.
You must acknowledge that you have
been advised of the Flood Disaster Act of 1973 and the requirements that you provide
flood insurance coverage on any Property serving as collateral located within an
area designated as a Flood Hazard Area. If the Property falls within a flood hazard
area as defined in the Act, then you must preauthorize lender and lender‘s
successors and/or assigns to purchase such insurance and you further agree to pay
promptly the cost thereof.
CapCenter will provide you a copy
of the appraisal report to be obtained in connection with the loan for which you
are applying at or before closing.
The loan you are applying for will
not be assumable.
Unless otherwise approved by us in
writing, you must represent and confirm that you will occupy the Property as your
Primary Residence.
If you are refinancing a mortgage
with us, then by signing you loan Application, you will be representing that your
property offered as collateral for the loan you are applying for hereunder is not
currently for sale, and further represent that you have no present intent to offer
it for sale.
Secondary liens against the Property
securing any other financing are not permitted at the time of closing unless approved
by us in writing. If a secondary lien is permitted, it will have to be made subordinate
to our lien.
CapCenter reserves the right, in our sole discretion, to cancel any
Commitment to lend to you for any of the following reasons:
- You fail to comply with or satisfy
any of the requirements of a Commitment to lend which may be issued to you;
- An examination of title reveals unmarketable,
defective or unacceptable title;
- There is any change in your credit
and/or employment or any other change from the information disclosed in your original
loan application;
- There is any change in the condition,
valuation or character of the Property from that disclosed in the original loan
application and/or the appraisal.
- Conditions exist or arise to make your
loan ineligible for delivery to the secondary market.
Our Commitment
to lend is made only in writing executed by us and will be subject to certain terms and conditions
as contained in the Commitment.
We will order
an appraisal of the Property from an approved appraiser. The appraisal must be addressed
to us. The loan will not be made unless the appraisal is acceptable to us in all
respects and supports a value for the Property equal to or greater than the value
set forth on our Commitment to you. The appraisal must conform to the requirements
of the Fannie Mae Seller/Service Guide. The appraisal must be supplied to us at
least five (5) days before closing and must not be dated more than ninety days prior
to Loan closing.
We must receive
a mortgagee title insurance policy from a land title insurance company acceptable
to us ("The Title Company") on the latest ALTA Revised Form, insuring the first
priority and validity of the Deed of Trust against the Property in the amount of
the Loan with only such exceptions as are approved by us ("Permitted Encumbrances").
The policy must contain no exceptions for mechanics or materialmens liens or survey
exceptions. The policy shall contain on ALTA 8.1 Environmental Lien Protection Endorsement
and otherwise be satisfactory in form and substance to us. We reserve the right
to require such affirmative coverage endorsements as we deem necessary. The original
and one copy of the title insurance policy or proforma policy or binder as well
as the insured closing letter must be submitted to and approved by us prior to Loan
closing.
We must be furnished,
at or prior to settlement, with an "Insured Closing Service" letter from the Title
Company stating that the Borrower‘s settlement agent or closing attorney is
approved by the Title Company to conduct title settlements under the Title Company‘s insured closing service.
We reserve the
right to receive a Certificate of Occupancy in Borrower‘s name from appropriate
public officials for newly constructed homes, or other evidence satisfactory to
us, evidencing (i) that the Property and the improvements or proposed improvements
thereon and the use thereof conform to existing zoning and subdivision laws, specified
variances, if any, and other applicable laws, ordinances and regulations, (ii) that
all public utilities required to adequately serve the Property and the proposed
improvements, including, but not limited to public water and public sewer, are available
and connected and that tap-on and connection fees have been paid; and (iii) that
the Property, including any proposed improvements, conform to all existing environmental
laws, rules and regulations.
Unless waived
by us, we must receive a survey prior to closing which locates all improvements
and easements with complete information as to the width or distance from boundary
lines and providing a Property legal description which agrees verbatim with Schedule
"A" of the Title Insurance Binder/Policy and Schedule "A" to the Deed of Trust securing
the loan being applied for. The survey must state whether the Property is located
in a HUD defined Flood zone. The survey must not be older than six months at the
time of closing. For refinance transactions, an old survey may be used by you if
you have the old survey updated or you sign an affidavit certifying there have been
no substantial changes to the Property since the date of the last survey, as long
as the Title company does not take exception to the age of the survey. If the Title
Company does take exception to the age of the survey, a new survey may be required.
At the time of
closing you must provide us with the original fully paid policy or binder of Hazard
insurance with extended coverage issued by a company acceptable to us. In the event
you are purchasing the Property, you will be required to provide a receipt for the
first year’s premium. The hazard insurance coverage must be at least equal to the
lesser of the replacement value of improvements on the Property and the loan amount
for regular amortizing loans. The policy must contain the following mortgagee clause:
Capital Center L.L.C., its successors and or assigns: 4510 Cox
Road -Suite 302; Glen Allen, Virginia 23060.
If the Property
improvements are partially or wholly located in any flood zones, Flood Insurance
is required at a minimum coverage equal to the lesser of the loan amount or minimum
limit of coverage available for the particular Property type under the National
Flood Insurance Program.
A loan to you shall be conditioned upon (i)
our confirming the accuracy of the information set forth on the Application executed
by you based upon evidence independently received from a third party in form and
substance acceptable to us in our sole and absolute discretion, and (ii) no material
and adverse change in Borrower‘s financial condition between the time of Application
and the closing of your loan.
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