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Audit Contract

4 pages
Contract for Mortgage Audit This Agreement, dated and effective as of _______________ (the "Effective Date"), is between thRateswire.com, a for profit business located at 4601 224 St SE Bothell WA 98021 (the "Consultant"), and _____________________________________________, individual(s) residing at ______________________who have obtained a mortgage they desire Consultant to Audit, (the "Client"). RECITALS WHEREAS, the Client has obtained a mortgage within the last six years listed below; and WHEREAS, the Client has retained the Consultant to audit Client’s mortgage for violations of lending law and guidelines. WHEREAS, Consultant agrees to perform analysis and evaluation of Client’s mortgage, to identify violations of lending law and other laws and guidelines evident within Client’s mortgage documentation and to provide a report of same to Client Client’s mortgage(s) within the last six years for consultant to provide services on: _________________________________________________________________ ________________________________________________________________________. Client initials_________ hereby acknowledge and approve of the above mortgages. NOW THEREFORE, Consultant and the Client agree as follows: 1.01 SERVICES TO BE PROVIDED. Client authorizes and acknowledges that the Consultant or his designee or contractors will: (a) collect, organize, summarize and validate information relating to potential or actual violations of ...
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Contract for Mortgage Audit Services
Client Initials ____________ Rateswire.com
Page 1 of 4
Contract for Mortgage Audit
This Agreement, dated and effective as of _______________ (the "Effective Date"), is between
Rateswire.com, a for profit business located at 4601 224
th
St SE Bothell WA 98021 (the
"Consultant"), and _____________________________________________, individual(s)
residing at ____________________________________________________who have obtained
a mortgage they desire Consultant to Audit, (the "Client").
RECITALS
WHEREAS, the Client has obtained a mortgage within the last six years listed below; and
WHEREAS, the Client has retained the Consultant to audit Client’s mortgage for violations of
lending law and guidelines.
WHEREAS, Consultant agrees to perform analysis and evaluation of Client’s mortgage, to
identify violations of lending law and other laws and guidelines evident within Client’s
mortgage documentation and to provide a report of same to Client
Client’s mortgage(s) within the last six years for consultant to provide services on:
_________________________________________________________________
________________________________________________________________________.
Client initials_________ hereby acknowledge and approve of the above mortgages.
NOW THEREFORE, Consultant and the Client agree as follows:
1.01 SERVICES TO BE PROVIDED
. Client authorizes and acknowledges that the
Consultant or his designee or contractors will:
(a) collect, organize, summarize and validate information relating to potential or actual
violations of lending and other laws and guidelines that the Client may have and prepare a
report of such violations for Client;
(b) Provide a verbal explanation of above report to Client and Client’s Attorney(s).
1.02 PAYMENT.
Client authorizes and agrees to pay Consultant $1000 for above services.
2.01 CO-OPERATION.
The Client will use its best efforts to make all
information, documents, and other data relating to the audit
available to the Consultant and its designees and contractors in an
organized and timely manner as such data becomes available.
Contract for Mortgage Audit Services
Client Initials ____________ Rateswire.com
Page 2 of 4
2.02 RESPONSIBILITY FOR CONTENT.
The Client and Client’s Attorney(s) are
solely responsible for the content of all data provided to Consultant
pursuant to this Agreement and for providing such data in a format and
at the times required. All data delivered by the Client or the Client
Attorneys shall be free of executable files, viruses, corruptions or
other programs.
2.03 ERRORS
. Consultant shall promptly correct any errors arising from the
compilation or entry of data by Consultant. All cost relating to the
correction of errors shall be the sole responsibility of Consultant
except those that are caused by errors in data supplied by the Client
or the Client Attorneys or breach of this Agreement or the agreement
between Consultant and the Client Attorneys. Consultant shall be
permitted a reasonable period of time, not to exceed 10 days, within
which to make any reasonable correction of error(s).
3.01
General Provisions:
Client and Consultant acknowledge and agree to the following
provisions and conditions:
No Guarantees.
Consultant makes no warranty or representation regarding the likelihood or
amount of any violations found, or the proper application of these findings by Client or Client’s
Attorney(s).
Association and Research.
Consultant may, in their sole discretion, consult or associate with
other analysts, mortgage related professionals, or attorneys in the pursuit of Client’s claim; such
associations will not affect the amount of Consultant Fees and Costs that Client herein agrees to
pay. Consultant may, for example order recorded information or other documentation and/or
research.
Governing Law.
This agreement shall be governed by and construed under the laws of the
State of Washington, County of Snohomish.
Severability.
If any provision(s) in this contract is determined to be invalid, illegal, or
otherwise unenforceable, the determination will not affect any other provision in this
agreement. The invalid provision(s) will be severed from this agreement and all remaining
provisions will continue to be in full force an effect. If removal of such provision(s) results in
invalidity of this contract, this contract shall be reformed under binding arbitration to replace
such provisions and reform this contract in the spirit of the original contract.
Time is of the Essence.
Time is of the essence with respect to every provision of this contract.
Contract for Mortgage Audit Services
Client Initials ____________ Rateswire.com
Page 3 of 4
Entire Agreement.
This agreement constitutes the entire agreement and a complete and
exclusive expression of the parties’ agreement respecting to mortgage audit. The provisions
within this agreement overrule any prior agreement or oral contract. This agreement can only be
modified in writing.
Assignment.
This duties and responsibilities of this contract may not be assigned by Client or
Consultant. Collection of unpaid fees may be assigned by Consultant.
Acknowledgements and Representations.
The parties signing below acknowledge they have
read and understood this agreement and have each received a copy. The Borrower(s) warrants
that he/she/they have the authority to enter into this agreement.
Collection of Unpaid Fees.
In the event Client fails to pay any portion of money due or funds
fail to clear Client’s account, Client hereby agrees to pay all fees or costs associated with
collection efforts including attorneys, court costs, or other expenses incurred by Consultant or
its assignee/designee.
Binding Arbitration.
In the event of any claims arising from this agreement, both parties agree
to resolution through binding arbitration. It is agreed the cost of such matter will be split
between the two parties. All arbitration shall be binding under Chapter 7.06 RCW and
appointed an arbitrator.
Termination.
This agreement shall terminate after 1) delivery of report to Client and verbal
explanation of report to Client and Client’s Attorneys OR 2) delivery of report to Client and
reasonable efforts to contact Client by the phone number provided below for 30 days after
delivery of report.
Contract for Mortgage Audit Services
Client Initials ____________ Rateswire.com
Page 4 of 4
Authorization and Acceptance of Contract for Mortgage Audit
I/we, _______________________, (“Client”) herewith independently authorize Rateswire.com
(“Consultant”) to conduct an audit of my mortgage loan documents and all other related
documents and correspondence, to produce a report of any apparent violations of lending law
and guidelines within.
Provided Rateswire.com agrees to accept the engagement described above, Rateswire.com will
indicate same by signing below and delivering a signed copy of this Authorization and
Acceptance to both, Client and Rateswire.com.
AGREED TO AND ACCEPTED THIS ____ day of ______________________________.
______________________________
Client Signature
______________________________
Client Signature
______________________________
Client Phone Number
______________________________
Client Email for Report
AGREED TO AND ACCEPTED THIS ____ day of ______________________________.
By: ___________________________
Analyst and Owner, Rateswire.com
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