WHEREFORE, the undersigned CLIENT [hereinafter “CLIENT”] wishes to engage CERTIFIED FORENSIC LOAN AUDITORS, LLC [hereinafter “CFLA”] in the performance of “Securitization Document Loan Audits” on behalf of CLIENT’s 3rd party clients [hereinafter “Homeowner”], its affiliates and assigns.
1.1 CLIENT agrees to the Pricing Schedule as set forth in Appendix A.
1.2 CFLA imposes no minimum output requirement for Pricing Schedule as set forth in Appendix A.
1.3 CLIENT warrants and represents that it has ACTUAL and APPARENT Authority to authorize and transact the required business and analysis required of CFLA to perform the services as set forth herein.
1.4 CLIENT agrees that its payment obligation on each file is due upon submission of CLIENT file to CFLA, or as otherwise set forth by the parties to this agreement.
WHEREAS CFLA is in the business of providing an analysis of real estate loan documents, debt secured or otherwise, and the examination of the documents required in the scope of a Securitization Audit,
This Engagement between CLIENT and CFLA is for the performance in good faith, of the duties express and implied under this agreement, including, but not limited to those services as set forth in APPENDIX A.
NOW THEREFORE in consideration of the foregoing and every term, covenant and condition hereafter set forth, CFLA and CLIENT do hereby understand, covenant and agree as follows:
CLIENT understands that CERTIFIED FORENSIC LOAN AUDITORS, LLC (“CFLA”) and its officers and directors cannot guarantee CLIENT any result in any Loan situation, or with any particular Lender[s], and CLIENT hereby agrees to cooperate in obtaining all necessary documentation required of CFLA. If Recorded documents cannot be obtained by CLIENT, than CLIENT will Authorize CFLA to obtain Recorded Documents pursuant to APPENDIX B.
CLIENT also expressly agrees to hold CERTIFIED FORENSIC LOAN AUDITORS, LLC, its Officers, and Directors and Associates completely harmless in the event that the Homeowner’s position is too severe to remedy and the home is lost in a Trustee Sale for any reason.
The required fee is due upon submission of the CLIENT file, and payment will be made via Credit Card Authorization, Wire Transfer, Company Check, Cashier’s Check or Money Order to be made out to
“CERTIFIED FORENSIC LOAN AUDITORS, LLC” or simply “CFLA”
By signing below CLIENT understands and agrees that the Securitization Audit, as set forth in the Schedule of Pricing herein, is being collected exclusively for the completion of a Securitization Audit / Forensic Loan Audit, to the lender on behalf of the CLIENT, for the benefit of the CLIENT, which ultimately insures to the benefit of the Homeowner, and said work is considered earned upon its submission; and said Securitization Loan Document Analysis, does not come with any express or implied guarantees by CERTIFIED FORENSIC LOAN AUDITORS or its Officers and Associates.
Furthermore, CLIENT agrees to indemnify and hold harmless, CFLA, its affiliates, members, officers, directors, and assigns, against any and all actions, claims, liability, costs, damages, charges and expenses, that it may be liable to any 3rd party not a party to this agreement, that result from CLIENT’s Professional Negligence or liability arising there from.
This Agreement shall be governed by and construed in accordance with the laws of the State of California and any dispute arising under or in connection herewith shall be presented in and determined by these courts exclusively.
CLIENT consents to Venue and Jurisdiction being proper in the Los Angeles Superior Court.
CLIENT agrees and hereby covenants that all work generated on his behalf, or on behalf of his company, that is generated by CFLA or its members will be under the supervision of his attorney, licensed in the appropriate jurisdiction, and that:
“Pursuant to Business and Professions Code § 6125 et seq, CFLA, and its members, do not engage in activities that could be considered the unlawful practice of law by conduct exhibiting any of the following practices:: . . . the doing and performing services in a court of justice in any matter depending therein throughout the various stages and in conformity with the adopted rules of procedure. It includes legal advice and counsel and the preparation of legal instruments and contracts by which the legal rights are secured although such matter may or may not be depending in a court.” Business and Professions Code § 6125 et seq
I have received a copy of the MARS RULE i.e. “The Mortgage Assistance Relief Services Rule” a Compliance Guide for Businesses, issued by the Federal Trade Commission at the CFLA website link below:
Furthermore, I agree and covenant that as a client of CFLA, I will adhere to the policies and standards as set forth in the MARS Rule, up to and including, (1) provisions on charging upfront fees, (2) truth in advertising principles, (3) disclosures, (4) record keeping requirements, as set forth in handbook at link above.
Pricing Schedule LEVEL II WHOLESALE- BULK RATE
RESIDENTIAL FORENSIC LOAN AUDIT PRICING
TRUST LOOKUP AND BLOOMBERG SCREEN SHOTS
PROPERTY SECURITIZATION “BLOOMBERG” AUDIT
QUIET TITLE PACKAGE (SEC~ Bloomberg, Chain of Title Report, Complaint, TRO, Lis Pendens)
XXXX- denotes that wholesale pricing is to be further determined
Prices listed are standard rates and are subject to adjustments based upon the client’s volume. All accounts are reviewed monthly, if the adjusted rate volume is not met the prices will be adjusted to the client’s volume.
NECESSARY DOCUMENTS FOR A BLOOMBERG ~ SECURITIZATION AUDIT
Borrower Name, Residential Address, and SSN or Tax ID Number (FOR BUSINESS)
CFLA IS NOT A LAW FIRM AND DOES NOT PROVIDE ANY LEGAL ADVICE. CFLA DOES NOT OFFER FORECLOSURE CONSULTING OR FORECLOSURE RELIEF SERVICES. CFLA DOES NOT OFFER OR ASSIST WITH ANY LOAN MODIFICATION SERVICE. CFLA ALWAYS RECOMMENDS THAT CLIENTS RETAIN COMPETENT COUNSEL IN THEIR RESPECTIVE JURISDICTION. CFLA HAS A FREE PROGRAM TO REFER CFLA CLIENTS TO LAW FIRMS IN NEARLY EVERY STATE AND CFLA DOES NOT CHARGE OR OBTAIN REFERRALS FEES FOR THESE SERVICES. SERVICES NOT OFFERED TO RESIDENTS OF THE STATE OF NEVADA.