ASPEN MBAPP (12/2015) Page 1 of 11
MORTGAGE BANKER/BROKER APPLICATION
MORTGAGE BANKER/BROKER APPLICATION FOR ANY OF THE FOLLOWING COVERAGES:
I
F A PROFESSIONAL LIABILITY POLICY IS ISSUED, IT WILL BE ON A CLAIMS MADE AND REPORTED
BASIS
IF A MORTGAGEE’S ERRORS AND OMISSIONS POLICY IS ISSUED, IT WILL BE ON A CLAIMS MADE
AND REPORTED BASIS AND/OR IT WILL BE ON A DISCOVERY BASIS
IF A FIDELITY BOND POLICY IS ISSUED, IT WILL BE ON A DISCOVERY BASIS
NOTICE: IF A PROFESSIONAL LIABILITY AND/OR A MORTGAGEE’S E&O POLICY IS ISSUED, IT WILL BE ON A CLAIMS
MADE AND REPORTED FORM, EXCEPT TO SUCH EXTENT AS MAY OTHERWISE BE PROVIDED THEREIN. THE
COVERAGE OF THESE POLICIES IS LIMITED GENERALLY TO LIABILITY FOR ONLY THOSE CLAIMS THAT ARE FIRST
MADE AGAINST THE INSURED AND REPORTED IN WRITING TO THE INSURER WHILE THE POLICY IS IN FORCE.
PLEASE REVIEW THE POLICY CAREFULLY AND DISCUSS THE COVERAGE HEREUNDER WITH YOUR INSURANCE
AGENT OR BROKER.
NOTICE: THE LIMIT OF LIABILITY AVAILABLE TO PAY JUDGMENTS OR SETTLEMENTS SHALL BE REDUCED BY
AMOUNTS INCURRED FOR CLAIMS EXPENSE. AMOUNTS INCURRED FOR CLAIMS EXPENSE SHALL BE APPLIED
AGAINST THE DEDUCTIBLE AMOUNT.
NOTICE: THE APPLICANT ACKNOWLEDGES THAT ALL INFORMATION PROVIDED, INCLUDING COVERAGE BOUND
ALONG WITH ANY MID-TERM ADJUSTMENTS, MAY BE SHARED WITH CERTAIN WAREHOUSE LENDERS AND
INVESTORS FOR INSURANCE VERIFICATION PURPOSES.
NO INFORMATION PROVIDED BY THIS APPLICATION OR ALONG WITH THIS APPLICATION SHALL BE DEEMED AS
THE REPORTING OF A CLAIM TO ANY INSURANCE CARRIER. SUCH NOTICE SHOULD BE MADE AS INSTRUCTED BY
THE APPLICANT’S CURRENT POLICY FORM(S).
All questions must be fully answered and the application signed by the Owner, President, Chairman, CEO,
board member, Risk Manager, or officer of the Applicant acting as the authorized agent of the person(s)
and entity(ies) proposed for this insurance.
ASPEN MBAPP (12/2015) Page 2 of 11
APPLICANT INFORMATION
NAME OF CORPORATE APPLICANT:
CORPORATE NMLS #:
CORPORATE PRINCIPAL ADDRESS:
WEB SITE ADDRESS:
MAIN PHONE NUMBER:
CONTACT PERSON (Must be a principal of the Applicant):
CONTACT EMAIL ADDRESS:
Corporate Applicant has been continually operating since: (MM/DD/YEAR)
Is the Applicant a member of the Mortgage Bankers Association? Yes No
EMPLOYEES, OFFICES, AND SUBSIDIARIES
Does the Applicant have at least one principal with at least 5 years of mortgage origination experience? Yes No
Total number of all W2 employees including non-100% owners: _______
Total number of 1099 independent contractors working for, and under an enforceable contract with, the Applicant:
Number of locations, including the Home Office, to be considered for coverage:
Of the total number of locations, including the home office, how many have complete underwriting authority and can fund loans
directly off the Applicant’s warehouse line of credit?
Are there any subsidiaries and/or entities, other than the Applicant, for which coverage is requested? Yes No
If “Yes”, please identify all entities/subsidiaries requested to be covered and the percentage of ownership the Applicant has in each
entity:
Name Entity Type Share owned
__________________ Mortgage Banker/Broker ___%
Other
__________________ Mortgage Banker/Broker ___%
Other
__________________ Mortgage Banker/Broker ___%
Other
ASPEN MBAPP (12/2015) Page 3 of 11
SERVICES PROVIDED
Does the Applicant service loans (other than short term servicing)? Yes No
If “Yes”, are any loans in the Applicant’s servicing portfolio sub-serviced by other entities? Yes No
Does the Applicant perform any services outside the Continental U.S.? Yes No
If “Yes”, please provide additional information:
Does the Applicant provide Title and/or Escrow services through a division of their company or does the Applicant or any of its
principals own, or is the Applicant affiliated with, a Title and/or Escrow company?
Yes No
If “Yes”, please answer the following:
Please provide additional information:
Are borrowers given the choice to not use the services provided by these affiliated companies? Yes No
Does the Applicant, or any of its branches, share the same physical address as the related Title and/or Escrow company? Yes No
Does the Applicant and the related Title and/or Escrow company share employees? Yes No
FINANCIAL INFORMATION
Is the Applicant in bankruptcy, receivership, rehabilitation, or debt default? Yes No
If “Yes”, please provide details:
Do the Applicant’s liabilities exceed its assets? Yes No
If “Yes”, please provide details:
Is the Applicant in compliance with all investor and/or warehouse lender financial covenants? Yes No
IfNo”, please provide details:
Please list Applicant’s Gross Receipts and Financial Result:
Previous Fiscal Year End Current Fiscal Year to Date Current Fiscal Year Projected
Gross Receipts $ $ $
Net Income (Loss) $ $
PLEASE NOTE: Gross Receipts means ALL Revenues (NOT Originations) derived from Mortgage Banking and/or Mortgage
Brokering activities performed by the Applicant, all applicable subsidiaries and all branches to be covered under these
policies PRIOR to any expenses.
ASPEN MBAPP (12/2015) Page 4 of 11
The percentage of Gross Receipts attributable to:
Loan Origination: %
Loan Servicing: %
Interest Income: %
Other: % ‘Other’ description:
INSURANCE
Please select coverage to be quoted:
Professional Liability:
Mortgagee’s E&O:
Fidelity Bond:
Does the Applicant currently have coverage in place for:
Professional Liability: Yes No
Mortgagee’s E&O: Yes No
Fidelity Bond: Yes No
If “Yes”:
*Professional Liability
Retroactive Date: (MM/DD/YEAR)
Expiration Date: (MM/DD/YEAR)
Current Carrier:
*Mortgagee’s Errors and Omissions
Retroactive Date: (MM/DD/YEAR)
Expiration Date: (MM/DD/YEAR)
Current Carrier:
*Fidelity Bond
Retroactive Date: (MM/DD/YEAR)
Expiration Date: (MM/DD/YEAR)
Current Carrier:
* The Applicant warrants that the requested Retroactive Date(s) is/are the Date(s) in which the Applicant
has been continuously insured without interruption. The actual Retroactive Date(s) will always be the first
date of continuous and uninterrupted coverage. The Applicant will be required to submit proof of any current
policy in force prior to coverage being bound in order for the Insurer to approve the Retroactive Date(s)
requested.
ASPEN MBAPP (12/2015) Page 5 of 11
If the Applicant does not have coverage currently in force, the retroactive date will coincide with the inception date of
any policy(ies) approved and issued.
SECURITY AND QUALITY CONTROL
Does the Applicant currently utilize a Fraud Detection service? Yes No
Does the Applicant currently utilize Predatory Lending software? Yes No
Does the Applicant use regulatory compliance software? Yes No
Does the Applicant have written policies and procedures with regard to RESPA, TILA, HOEPA, Fair Housing Act, and the Equal Credit
Opportunity Act? Yes No
IfNo”, does the Applicant warrant that it will establish and implement formal written policies and procedures immediately?
Yes No
Does the Applicant have formal written Quality Control procedures in place? Yes No
If “No, does the Applicant warrant that it will establish and implement a formal written quality control procedure immediately?
Yes No
What percentage of all loans originated go through Quality Control reviews? %
PROCEDURES IN PLACE
Is there a formal, planned program requiring segregation of duties so that no single transaction can be fully controlled from origination
to posting by one person? Yes No
If “No”, does the Applicant warrant that it will immediately develop and implement a system of checks and balances so that no single
transaction can be fully controlled from origination to posting by one person other than a 100% owner? Yes No
Are bank accounts reconciled by someone not authorized to deposit or withdraw? Yes No
If “No, does the Applicant warrant that there are controls in place to mitigate this risk unless all reconciliations are performed by a
100% owner? Yes No
Is countersignature required for checks over $5,000? Yes No
IfNo”, does the Applicant warrant that there are controls in place to mitigate this risk unless all checks are signed by a 100% owner?
Yes No
Are borrower and investor escrow funds maintained in segregated custodial accounts? Yes No N/A
IfNo”, does the Applicant warrant that it will establish separate accounts for escrow funds within the next 60 days? Yes No
ASPEN MBAPP (12/2015) Page 6 of 11
CIRCUMSTANCES AND CLAIMS
Does the Applicant or any proposed Insured have knowledge or information of any circumstance, act, error or omission which might
reasonably be expected to give rise to a claim(s), suit(s), investigation(s) or action(s) under a Professional Liability Policy, Mortgagee’s
E&O Policy and/or Fidelity Bond Policy? Yes No
If “Yes”, please provide details:
Have any of the Applicants principals or any proposed Insured ever been the subject of a formal disciplinary proceeding or had a
professional license suspended or revoked as a result of any professional services sought to be insured? Yes No
If “Yes”, please provide details:
Have the Applicant’s principals or any proposed Insured received any inquiries from any regulators or commenced any internal
investigations regarding any of its business practices (other than routine audits)?
Yes No
If “Yes”, please provide details:
Has the Applicant ever been out of compliance with independent appraisal requirements? Yes No
If “Yes”, please provide details:
Has the Applicant or any proposed Insured ever been the subject of any claim or lawsuit with regard to the coverage’s being applied
for? Yes No
If “Yes”, how many?
If “Yes”, please provide details:
Have there been or are there now any pending, claim(s), suit(s), demands for arbitration, or administrative / regulatory actions(s)
(including, but not limited to, any investigation) against any past or present person or entity proposed for insurance under the proposed
coverage forms in connection with mortgage lending products, practices or activities? Yes No
If “Yes”, please provide details:
It is agreed that with respect to the Claims History questions, that if such knowledge or information exists, any
claim, action, wrongful act or interrelated wrongful act, arising therefrom is excluded from this proposed
coverage. AGREE
REPURCHASE AND INDEMNITY ON LOANS
Over the past 24 months, has the Applicant been requested or required to repurchase any loan(s)? Yes No
If “Yes”, please provide information on loans required to be repurchased:
(i) Number of loans ; (ii) Aggregate principal amount $ ; and
(iii) Status of loans
Over the past 24 months, has the Applicant been requested or required to provide indemnity on any loan(s)? Yes No
If “Yes”, please provide information on loans required to provide indemnity on:
(i) Number of loans ; (ii) Aggregate principal amount $ ; and
(iii) Status of loans
ASPEN MBAPP (12/2015) Page 7 of 11
LOAN ORIGINATION
Please indicate ALL Loans closed (or estimated to be closed if a start-up) for all Applicants to be insured:
During the PREVIOUS FISCAL YEAR:
Loan Portfolio Dollar Value Number Average
1-4 Family Residential (including Manufactured Home loans) $ $
Multi-family / Commercial $ $
Second Mortgages / HELOC $ $
Reverse Mortgage $ $
Construction $ $
Total $ $
During the CURRENT FISCAL YEAR TO DATE:
Loan Portfolio Dollar Value Number Average
1-4 Family Residential (including Manufactured Home loans) $ $
Multi-family / Commercial $ $
Second Mortgages / HELOC $ $
Reverse Mortgage $ $
Construction $ $
Total $ $
What is the average FICO score for ALL closed Loans above? (If the Applicant is a start-up, please estimate.)
What percentage of all 1-4 Family Residential loans noted above are considered to be:
- Qualified Mortgages (as defined by the Consumer Financial Protection Bureau); or
- Qualify to be purchased or guaranteed by a government-sponsored enterprise (GSE); or
- Qualify to be insured or guaranteed by a federal housing agency? %
WAREHOUSE LENDERS PROFILE
Does, or will, the Applicant obtain funds to close loans using a Warehouse Line of Credit? Yes No
If “Yes”, please list all current or prospective Warehouse Lenders and the corresponding Limit on the Line of Credit:
$
$
$
ASPEN MBAPP (12/2015) Page 8 of 11
INVESTOR PROFILE
Does the Applicant have a Seller/Servicer status with:
Fannie Mae Yes No
Freddie Mac Yes No
Ginnie Mae Yes No
United States Department of Housing and Urban Development Yes No
By dollar volume, what percentage of originated loans are:
Sold to GSE’s %
Sold to other institutional investors %
Sold to individual investors %
Held in Applicant’s portfolio %
Securitized by Applicant %
Total (should equal 100%) 100 %
AUTHORITY UTILIZATION
Does the Applicant have full underwriting authority on the lender’s or investor’s behalf? Yes No
What percentage of the Applicant’s closed loans is funded using a warehouse line of credit? %
What is the average dwell time of a loan on the Applicant’s warehouse line of credit? days
LOAN SERVICING (answer only if the Applicant has a loan servicing portfolio)
Please specify ALL Loans currently serviced:
Loan Portfolio Dollar Value Number Average ARM’s
1-4 Family Residential $ $ ______%
(including Manufactured Home loans)
Multi-family/Commercial $ $ %
Second Mortgages/HELOC $ $ %
Construction $ $ %
Total $ $ %
By dollar volume, what percentage of mortgage servicing rights are:
Sold to GSE’s %
Sold to other institutional investors %
Sold to individual investors %
Held in Applicant’s portfolio %
Securitized by Applicant %
Total (should equal 100%) 100%
ASPEN MBAPP (12/2015) Page 9 of 11
How many properties have been foreclosed on within the past 12 months?
What percentage of the servicing portfolio is more than 30 days delinquent? %
Does the Applicant require that it be named as “mortgagee” in a Standard Mortgage Clause on all hazard/flood
insurance? Yes No
Does the Applicant annually verify hazard/flood coverage on all mortgages serviced? Yes No
When necessary does the Applicant “force place” coverage using a “forced place” insurance company? Yes No
Does the applicant have a formal written procedure in place to determine if real estate property taxes have been
paid? Yes No
What percentage (positive or negative) does the Applicant believe that their servicing portfolio will grow (or be reduced) over the next 12
months? %
What states are they servicing loans in? Please provide a % breakdown of the volume in each of the top 5 states in comparison to the overall
volume:
State % of Servicing Portfolio
%
%
%
%
%
LOAN SUB-SERVICING (answer only if the Applicant has a loan servicing portfolio)
Percentage of loans in servicing portfolio that are sub-serviced by other entities: %
Who is the sub-servicer?
Has the Applicant confirmed that the sub-servicer currently has Mortgagee’s E&O and Fidelity coverage in force? Yes No
Does the Applicant’s contract with the sub-servicer have an indemnification agreement in favor of the Applicant? Yes No
If the Applicant is not using a sub-servicer on 100% of their servicing portfolio, please answer the following:
Does the Applicant have written controls and procedures in place to properly manage their servicing portfolio? Yes No
Does the Applicant sub-service loans for other entities? Yes No
If “Yes”, please answer the following questions:
Percentage of loans in servicing portfolio where Applicant sub-services loans for other entities: %
How many other entities is the Applicant sub-servicing for?
Does the Applicant contractually have to provide indemnity in favor of the entity(ies) they are servicing loans for? Yes No
ASPEN MBAPP (12/2015) Page 10 of 11
FRAUD ACKNOWLEDGEMENT AND SIGNATURE PAGE
NOTICE TO APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE COMPANY
OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY MATERIALLY
FALSE INFORMATION OR, CONCEALS, FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT
MATERIAL THERETO, COMMITS A FRAUDULENT ACT, WHICH IS A CRIME AND MAY SUBJECT SUCH PERSON TO CRIMINAL
AND CIVIL PENALTIES.
NOTICE TO ARKANSAS AND NEW MEXICO APPLICANTS: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR
FRAUDULENT CLAIM FOR PAYMENT OF A LOSS OR BENEFIT, OR KNOWINGLY PRESENTS FALSE INFORMATION IN
AN APPLICATION FOR INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN
PRISON.
NOTICE TO COLORADO APPLICANTS: IT IS UNLAWFUL TO KNOWINGLY PROVIDE FALSE, INCOMPLETE, OR MISLEADING
FACTS OR INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING OR ATTEMPTING TO
DEFRAUD THE COMPANY.PENALTIES MAY INCLUDE IMPRISONMENT, FINES, DENIAL OF INSURANCE, AND CIVIL
DAMAGES. ANY INSURANCE COMPANY OR AGENT OF AN INSURANCE COMPANY WHO KNOWINGLY PROVIDES FALSE,
INCOMPLETE, OR MISLEADING FACTS OR INFORMATION TO A POLICYHOLDER OR CLAIMANT FOR THE PURPOSE OF
DEFRAUDING OR ATTEMPTING TO DEFRAUD THE POLICYHOLDER OR CLAIMANT WITH REGARD TO A SETTLEMENT
OR AWARD PAYABLE FROM INSURANCE PROCEEDS SHALL BE REPORTED TO THE COLORADO DIVISION OF INSURANCE
WITHIN THE DEPARTMENT OF REGULATORY AUTHORITIES.
NOTICE TO DISTRICT OF COLUMBIA APPLICANTS: WARNING: IT IS A CRIME TO PROVIDE FALSE OR MISLEADING
INFORMATION TO AN INSURER FOR THE PURPOSE OF DEFRAUDING THE INSURER OR ANY OTHER PERSON. PENALTIES
INCLUDE IMPRISONMENT AND/OR FINES. IN ADDITION, AN INSURER MAY DENY INSURANCE BENEFITS IF FALSE
INFORMATION MATERIALLY RELATED TO A CLAIM WAS PROVIDED BY THE APPLICANT.
NOTICE TO FLORIDA APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO INJURE, DEFRAUD, OR
DECEIVE ANY INSURER FILES A STATEMENT OF CLAIM OR AN APPLICATION CONTAINING ANY FALSE, INCOMPLETE OR
MISLEADING INFORMATION IS GUILTY OF A FELONY IN THE THIRD DEGREE.
NOTICE TO KENTUCKY APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE
COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE CONTAINING ANY MATERIALLY FALSE
INFORMATION, OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING ANY FACT MATERIAL
THERETO, COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME.
NOTICE TO LOUISIANA APPLICANTS: ANY PERSON WHO KNOWINGLY PRESENTS A FALSE OR FRAUDULENT CLAIM
FOR PAYMENT OF A LOSS OR BENEFIT OR KNOWINGLY PRESENTS FALSE INFORMATION IN AN APPLICATION FOR
INSURANCE IS GUILTY OF A CRIME AND MAY BE SUBJECT TO FINES AND CONFINEMENT IN PRISON.
NOTICE TO MAINE APPLICANTS: IT IS A CRIME TO KNOWINGLY PROVIDE FALSE, INCOMPLETE OR MISLEADING
INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING THE COMPANY. PENALTIES MAY
INCLUDE IMPRISONMENT, FINES OR A DENIAL OF INSURANCE BENEFITS.
NOTICE TO NEW JERSEY APPLICANTS: ANY PERSON WHO INCLUDES ANY FALSE OR MISLEADING INFORMATION ON AN
APPLICATION FOR AN INSURANCE POLICY IS SUBJECT TO CRIMINAL AND CIVIL PENALTIES.
NOTICE TO NEW YORK APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY INSURANCE
COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM CONTAINING ANY
MATERIALLY FALSE INFORMATION, OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION CONCERNING
ANY FACT MATERIAL THERETO, COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME, AND SHALL ALSO BE
SUBJECT TO A CIVIL PENALTY NOT TO EXCEED FIVE THOUSAND DOLLARS AND THE STATED VALUE OF THE CLAIM FOR
EACH SUCH VIOLATION.
NOTICE TO OHIO APPLICANTS: ANY PERSON WHO, WITH INTENT TO DEFRAUD OR KNOWING THAT HE IS FACILITATING A
FRAUD AGAINST AN INSURER, SUBMITS AN APPLICATION OR FILES A CLAIM CONTAINING A FALSE OR DECEPTIVE
STATEMENT IS GUILTY OF INSURANCE FRAUD.
ASPEN MBAPP (12/2015) Page 11 of 11
NOTICE TO OKLAHOMA APPLICANTS: WARNING: ANY PERSON WHO KNOWINGLY, AND WITH INTENT TO INJURE,
DEFRAUD OR DECEIVE ANY INSURER, MAKES ANY CLAIM FOR THE PROCEEDS OF AN INSURANCE POLICY
CONTAINING ANY FALSE, INCOMPLETE OR MISLEADING INFORMATION IS GUILTY OF A FELONY.
NOTICE TO PENNSYLVANIA APPLICANTS: ANY PERSON WHO KNOWINGLY AND WITH INTENT TO DEFRAUD ANY
INSURANCE COMPANY OR OTHER PERSON FILES AN APPLICATION FOR INSURANCE OR STATEMENT OF CLAIM
CONTAINING ANY MATERIALLY FALSE INFORMATION OR CONCEALS FOR THE PURPOSE OF MISLEADING, INFORMATION
CONCERNING ANY FACT MATERIAL THERETO COMMITS A FRAUDULENT INSURANCE ACT, WHICH IS A CRIME AND
SUBJECTS SUCH PERSON TO CRIMINAL AND CIVIL PENALTIES.
NOTICE TO TENNESSEE AND VIRGINIA APPLICANTS: IT IS A CRIME TO KNOWINGLY PROVIDE FALSE, INCOMPLETE OR
MISLEADING INFORMATION TO AN INSURANCE COMPANY FOR THE PURPOSE OF DEFRAUDING THE COMPANY.
PENALTIES INCLUDE IMPRISONMENT, FINES AND DENIAL OF INSURANCE
THIS APPLICATION DOES NOT BIND THE APPLICANT OR THE COMPANY TO COMPLETE THE INSURANCE
BUT IT IS AGREED THAT THIS FORM SHALL BE THE BASIS OF THE CONTRACT SHOULD ANY POLICY BE
ISSUED, AND IT WILL BE ATTACHED TO AND MADE PART OF THE POLICY. THE UNDERSIGNED APPLICANT
DECLARES THAT TO THE BEST OF HIS OR HER KNOWLEDGE THE STATEMENTS SET FORTH IN THIS
APPLICATION ARE TRUE. THE APPLICANT FURTHER DECLARES THAT IF THE INFORMATION SUPPLIED ON
THIS APPLICATION CHANGES BETWEEN THE DATE OF THIS APPLICATION AND THE TIME WHEN THE
POLICY/BOND IS ISSUED, THE APPLICANT WILL IMMEDIATELY NOTIFY THE COMPANY OF SUCH CHANGE.
APPLICANT’S SIGNATURE:
DATE: