Fillable NON DELEGATED CORRESPONDENT APPLICATION Application Submission Checklist (National Mortgage Services)

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NON DELEGATED CORRESPONDENT APPLICATION Application Submission Checklist (National Mortgage Services)

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Non Delegated Correspondent Application Rev. 01/01/2018 1 of 3
Application Submission Checklist
Company Name
Date
Contact
Account Executive:
Required Forms (Original, Wet Signature)
Non Delegated Correspondent Application Form
Non Delegated Correspondent Agreement (Include “Exhibit A”) Form
Addendum to Non Delegated Correspondent Agreement Form
Lender-Paid Broker Compensation Election Agreement
Permission to Send Fax and E-Mail Form
Request of User Name and Password form
Loan Fraud Prevention Acknowledgement form
Corporate Resolution
W-9 form (Properly executed IRS form W-9)
Branch Application Form (If applicable)
Required Attachments
Copy of Mortgage Officer License, Broker License and Branch License(s)
Resumes of Broker of Record and all Principal(s)/Senior Officers, Manager(s) and Branch Manager(s)
Copy of Articles of Corporation / Partnership / Subchapter S. Corp.
Copy of Statement of Information or Resolution of Officers
Signed and Dated Most Recent P & L Statement and Balance Sheet (Minimum of $50,000 required)
3 or more References from Wholesale Lenders with Whom You Are Approved
NON DELEGATED CORRESPONDENT APPLICATION
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Company Information
Legal Name of Entity :
Doing Business As :
Street Address (No P.O. Box) :
City: State: ZIP Code:
Phone: Fax: Company E-mail:
Contact Person: Contact E-mail:
Type of Business: Sole Proprietor Corp. Partnership LLC LP
Date Incorporated: County: State:
Federal ID No: If no Federal ID #., Broker SSN:
License/Approval
Broker of Record : License # :
Broker NMLS #: Date Issued:
Company NMLS #: Expiration Date:
If licensed approved by any of the following entities, the following information is required.
FHA/HUD No.: Date Approved:
Veterans Affairs No: Date Approved:
Fannie Mae No: Date Approved:
Freddie Mac No: Date Approved:
Principal(s) / Senior Officer(s) / Manager(s)
Name Title SSN # Percent Owned
%
%
%
%
References: (List All FNMA/FHLMC Wholesale Lenders wi th Whom You Are Approved)
Company Contact Person Email address
Disciplinary Actions
Does your company have an internal audit system to verify authenticity of the information contained in
your loan? If yes, please attach documentation.
Yes No
Have your company ever been suspended from brokering loans to lender?
If yes, please attach a complete explanation.
Yes No
Have you ever been removed from a Lender’s / Investor’s Approved Mortgage Brokerage list?
If yes, please attach a complete explanation and supporting documentation, if applicable.
Yes No
NON DELEGATED CORRESPONDENT APPLICATION
Non Delegated Correspondent Application Rev. 01/01/2018
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Have you ever been a Defendant in a Lawsuit Initiated by a Lender, Investor, or any party involved in a
loan transaction?
If yes, please attach a complete detailed explanation and supporting documentation.
Yes
No
Have you ever been disciplined by a local, state or federal regulatory agency?
If yes, please attach a complete detailed explanation and supporting documentation.
Yes
No
Product Type
Year to Date Volume
Previous Year’s Volume
Dollar Amount
% of Total
Dollar Amount
% of Total
FNMA / FHLMC “A” Paper
$
%
$
%
Jumbo “A” Paper
$
%
$
%
FHA
$
%
$
%
VA
$
%
$
%
Other
$
%
$
%
Total
$
%
$
%
Please check the organizations of which you are a member in good standing:
NAMB
MBA
Signature Date
Signature Date
Broker (Company) of Record (Print)
Principal / Senior Officer (Print)
Signature Date
Signature Date
Principal / Senior Officer (Print)
Principal / Senior Officer (Print)
NMSI USE ONLY
NMSI R/O Code#
Acct. Exec.:
Broker ID:
NON DELEGATED CORRESPONDENT APPLICATION
Non Delegated Correspondent Application Rev. 01/01/2018
NON DELEGATED CORRESPONDENT AGREEMENT
Non Delegated Correspondent Agreement Rev. 07/26/2019
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This Non Delegated Correspondent Agreement ("Agreement") is entered into on _______________________
20_____ by and between NMSI, Inc. a California corporation ("Lender"), and ______________________________
("Non Delegated Correspondent") with reference to the following:
RECITALS
A. The parties wish to establish a non-exclusive relationship whereby Non Delegated Correspondent will, from time
to time and at its option, submit completed application packages for mortgage loans ("Loans") to Lender on
behalf of Non Delegated Correspondent's clients ("Borrowers") for possible funding.
B. Lender will fund all Loans submitted which meet its lending criteria, policies and guidelines.
C. The parties now desire to enter this Agreement to set forth the terms of their relationship.
NOW, THEREFORE, in consideration of the foregoing premises and the mutual covenants and agreements
hereinafter set forth, the parties hereto agree as follows:
AGREEMENT
1. General Non Delegated Correspondent Responsibility; Fees. Non Delegated Correspondent will at Non
Delegated Correspondent's sole expense perform those services listed on Exhibit "A" to this Agreement in
consideration for such fees as set forth on Exhibit "B" to this Agreement. Such fees may be paid in whole or in part by
Borrower and/or by Lender; provided, that no fees shall be payable to Non Delegated Correspondent which have not
been fully disclosed to, and approved by, both Lender and Borrower. The contents of all Loan packages and other
information submitted to Lender shall become the property of Lender upon loan closing, and all information contained
therein may be subject to Lender's independent verification. No fee shall be owed to Non Delegated Correspondent on
account of any proposed Loan which is not funded and closed, and Lender shall have no obligation under this
Agreement to Non Delegated Correspondent if a Loan fails to close and fund, for whatever reason except that Lender
will fund any loans submitted to Lender by Non Delegated Correspondent, which conform with the lending criteria,
policies and guidelines then in effect ("Lending Criteria").
2. Loan Approval. Lender shall make available to Non Delegated Correspondent product descriptions of
the various wholesale lending programs being offered by Lender from time to time. Such descriptions shall not be
binding upon Lender. Loan approval shall be within Lender's Lending Criteria. Non Delegated Correspondent shall
not represent to any party that Lender has approved or will approve any Loan until Non Delegated Correspondent is so
informed by Lender in writing. All Loans shall close in Lender's name. Appraisers and their qualifications must be
approved in advance by Lender; however, such approval does not ensure that Lender will not review or rewrite any
appraisal submitted to it.
3. Non Delegated Correspondent's Warranties. Non Delegated Correspondent represents, warrants and
covenants to Lender, as of (i) the time any Loan package is submitted to Lender, and (ii) as of the time the Loan is
funded and closed through the life of the Loan, that:
3.1 Authority and Capacity. Non Delegated Correspondent is a duly organized and validly existing
entity in good standing under applicable laws of the state of California and is properly licensed, approved or
registered with the U.S. Housing & Urban Affairs Department (at any time a FHA loan is submitted to Lender)
and in such state or other states in which it is engaged in the business of Non Delegated Correspondenting or
originating mortgage loans, and that it has the requisite authority and capacity to enter into this Agreement and
this Agreement has been duly authorized, executed and delivered by Non Delegated Correspondent and
constitutes a valid and binding obligation of Non Delegated Correspondent, enforceable in accordance with its
terms. Non Delegated Correspondent's compliance with the terms and conditions of this Agreement will not
violate any provisions of its charter documents, any instrument relating to the conduct of its business, or any
other agreement, law or regulation to which it may be a party or under which it may be governed.
NON DELEGATED CORRESPONDENT AGREEMENT
Non Delegated Correspondent Agreement Rev. 07/26/2019
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3.2 No Untrue Statements. None of the statements or information contained in any document
submitted with or included as part of the application package, or in any document reviewed in connection with
Lender's underwriting decision, contains or will contain any misleading, false or erroneous statements, or omit
facts necessary to make such statements or information accurate and understandable in every respect.
3.3 Absence of Claims. There is not pending or threatened any suit, action, arbitration, or legal,
administrative, or other proceeding or investigation (including an allegation of fraud by another lender) against
Non Delegated Correspondent or its current or former owners, agents, or employees which could have an
adverse effect on the Non Delegated Correspondent's business, assets, financial condition, or reputation, or
upon any Loan submitted for funding by Lender.
3.4 Control of Document. No Borrower shall have had in its direct or indirect possession or control
any credit, income, or deposit verification document submitted to Lender with respect to any Loan.
3.5 Duly Licensed. Non Delegated Correspondent possesses all necessary approvals, licenses,
permits, and authority to execute and deliver this Agreement and to engage in the activities contemplated by
this Agreement, and Non Delegated Correspondent is in full compliance in all respects, and in good standing,
with all regulatory and supervisory agencies having jurisdiction over Non Delegated Correspondent.
3.6 Ownership. Non Delegated Correspondent has no direct or indirect ownership interest in any
property acting as security for the Loan.
3.7 Compliance / Licensing. Non Delegated Correspondent and each other person involved in the
Loan transaction has complied and will comply with all applicable state and federal laws and regulations,
including without limitation of the National Housing Act and its implementing regulations, (if a FHA loan is
submitted to Lender) as amended, with respect to the Loans and the activities of Non Delegated Correspondent.
The Non Delegated Correspondent and each other person involved in the Loan transaction is in full compliance
in all respects with all rules and regulations of all real estate and mortgage lending regulatory and supervisory
agencies as are applicable to Non Delegated Correspondent and such person(s), and Non Delegated
Correspondent and all such person(s) are presently in good standing with, and hold all licenses and approvals
required by, such agencies. Non Delegated Correspondent covenants to maintain all licenses and approvals
on a current basis and to keep itself in good standing with such agencies. Non Delegated Correspondent
further covenants to notify Lender immediately upon the suspension, revocation, expiration or other termination
of any licenses or approvals, or of the taking of any action by any such agency against Non Delegated
Correspondent or such person(s) which could adversely affect the Non Delegated Correspondent's licenses and
approval.
3.8 Fees. Any fees (and the amount of such fees) imposed by Non Delegated Correspondent upon
Borrower have been determined by negotiations between Borrower and Non Delegated Correspondent. The
total fees to be received by Non Delegated Correspondent have been separately itemized and fully disclosed to
Borrower and Lender
3.9 Services to Borrower. At all times during the term of this Agreement, with respect to each
Borrower whose application has been submitted to Lender, Non Delegated Correspondent has observed and
shall observe and fully discharge the duties owed by mortgage Non Delegated Correspondents to their clients
under applicable law. In addition to having assisted Borrower in the completion of his/her loan application,
Non Delegated Correspondent has fully and satisfactorily performed at least five of the services set forth on
Exhibit "A." All services were performed and in accordance with accepted and customary standards in the
mortgage lending industry generally, and Non Delegated Correspondent is not aware of any dispute or claim by
any borrower that all such services were not fully and satisfactorily performed.
3.10 High Cost Mortgages. With respect to any Loan that is subject to the provisions of Section
226.31 and Section 226.32 set forth in Regulation Z (Truth in Lending), prior to the date of Non Delegated
Correspondent's submission of Borrower's completed Loan application package to Lender, Non Delegated
Correspondent has delivered a complete and accurate notice which satisfies all requirements of Sections 226.31
and 226.32 of Regulation Z. Non Delegated Correspondent has reviewed and analyzed borrower's credit,
income, debts and financial condition, discussed the results of its review and analysis with the Borrower and,
based upon such review, analysis and discussion, Non Delegated Correspondent has a reasonable basis to
NON DELEGATED CORRESPONDENT AGREEMENT
Non Delegated Correspondent Agreement Rev. 07/26/2019
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believe that Borrower has the ability to repay the Loan in accordance with its terms. The Borrower has not
signed a letter indicating or otherwise notified Non Delegated Correspondent that Borrower is unable to repay
the Loan in accordance with its terms.
4. Status of Non Delegated Correspondent. Nothing in this Agreement shall be construed as the Non
Delegated Correspondent being deemed a joint venture, partner, representative, employee or agent of Lender. Non
Delegated Correspondent shall not hold itself out as such, nor shall it use Lender's name in any advertising. Non
Delegated Correspondent's decision to submit application packages to Lender has been made in consultation with
Borrower.
5. Non Delegated Correspondent's Indemnification. Non Delegated Correspondent shall indemnify and
hold Lender and its affiliates, shareholders, directors, officers, agents, employees, successors, and assigns harmless
from and against, and shall reimburse the same with respect to, any and all losses, damages, demands, claims,
liabilities, costs, and expenses, including reasonable attorneys fees, (collectively "Losses") from any cause whatsoever,
incurred by reason of or arising out of or in connection with, (a) any breach of any agreement, covenant, representation
or warranty contained in this Agreement; (b) Non Delegated Correspondent's failure to perform any obligation
hereunder, (c) any claim by a Borrower resulting from Lender's lawful failure or refusal to fund a Loan; or (d) any
claim by any third party that Non Delegated Correspondent is a joint venture, partner, representative, employee or
agent of, or otherwise associated or affiliated with, Lender. Non Delegated Correspondent's obligation to indemnify
Lender under this Agreement shall arise upon Lender's incurring a Loss.
6. Lender's Rights. Non Delegated Correspondent's obligation to fully indemnify Lender under this
Agreement shall not be affected by Lender taking any of the following actions with or without notice to Non
Delegated Correspondent (a) liquidation, repayment, retirement, or sale or resale of any Loan, (b) foreclosure of any
Loan; or (c) sale or resale of the property securing any Loan.
7. Repurchase. If Non Delegated Correspondent is obligated to indemnify Lender or any assignee, direct or
indirect, of a Loan closed by Lender from Non Delegated Correspondent hereunder with respect to any of the events or
circumstances set forth in section 5 (the “Indemnified Events”), then in addition to the obligations of Non Delegated
Correspondent under section 5, Non Delegated Correspondent shall, upon receipt of a notice from Lender, promptly
repurchase from Lender each Loan acquired by Lender hereunder that is affected by the Indemnified Events. The
repurchase price for each such Loan shall be an amount equal to the sum of the outstanding principal balance of the
Loan, the accrued but unpaid interest on the Loan, the amount of unreimbursed advances made by Lender in
connection with the Loan, the amount of unpaid late charges, Lender’s cost to carry the Loan from the date of closing,
as applicable, to the date of repurchase, and the amount of compensation or premium paid by Lender, directly or
indirectly, to Seller in connection with the Loan. In event that Lender sold such a Loan, or a participation interest
therein, to an assignee, or the Loan backed securities or participation interests that were issued by or are guaranteed by
an assignee, and the assignee requires or permits the repurchase of the Loan, then Non Delegated Correspondent shall,
promptly upon receipt of a notice from Lender, provide Lender with an amount equal to the sum of the funds
necessary to repurchase the Loan pursuant to the assignee’s requirements, the amount of unreimbursed advances made
by Lender in connection with the Loan, the amount of unpaid late charges, Lender’s Cost to carry the Loan from the
date of closing to the date of repurchase, and the amount of any servicing-related premium and if applicable, any
above par premium paid by Lender, directly or indirectly, to Non Delegated Correspondent in connection with the
Loan.
8. Disclosure of Information. Non Delegated Correspondent acknowledges and agrees that Lender may
report instances of Non Delegated Correspondent making any misstatement in connection with a Loan, or Non
Delegated Correspondent's knowingly aiding a Borrower or any other party involved in the Loan transaction to do the
same, to appropriate state or federal regulatory authorities or law enforcement agencies. In addition, Non Delegated
Correspondent shall make prompt, timely, full, accurate and truthful disclosures to Lender of all facts, information and
documentation which Non Delegated Correspondent may know, suspect, or have notice of, which could affect or has
affected the validity, collectability, collateral value, security, and enforceability of any loan Non Delegated
Correspondented by Non Delegated Correspondent for funding by Lender.
NON DELEGATED CORRESPONDENT AGREEMENT
Non Delegated Correspondent Agreement Rev. 07/26/2019
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9. Termination of Agreement. Upon notice to the other: Non Delegated Correspondent may terminate its
obligations under Section I of this Agreement-, or Lender may terminate its obligations under Sections 1, 2 and 3 of
this Agreement. No other provisions of this Agreement may be terminated for any reason.
10. Governing Law. This Agreement shall be governed by and construed in accordance with the law of the
state of California.
11. Miscellaneous.
11.1 Right to Offset. Amounts owed by Non Delegated Correspondent to Lender under this
Agreement may, at Lender's option and in its sole discretion, be offset by Lender against any payments then or
thereafter owed by Lender to Non Delegated Correspondent.
11.2 Notices. All notices required hereunder shall be in writing and shall be deemed to have been
given, made, and received only (a) upon delivery, if personally delivered to a party; (b) one business day after
the date of dispatch, if by facsimile transmission; (c) one business day after deposit, if delivered by a nationally
recognized courier service offering guaranteed overnight delivery; or (d) three business days after deposit in the
United States first class mail, certified mail, postage prepaid, return receipt requested, to the address appearing
on the signature page of this Agreement.
11.3 Attorney's Fees. If any legal action or other proceeding is brought for the enforcement of this
Agreement, or because of an alleged dispute, breach, default, or misrepresentation in connection with any of the
provisions of this Agreement, the prevailing party or parties shall be entitled to attorneys' fees and other costs
incurred in that action or proceeding, in addition to any other relief to which it or they may be entitled,
11.4 Assignment. Non Delegated Correspondent may not assign this Agreement or its duties
hereunder.
11.5 Entire Agreement; Amendment. This Agreement constitutes the entire agreement between the
parties and supersedes all prior and contemporaneous agreements, representations, and understandings, No
supplement, modification, or amendment shall be binding unless executed in writing by both parties.
11.6 Waivers or Remedies. Failure or delay to exercise any right or remedy available under this
Agreement or at law or equity, shall not act as a waiver of any other right or remedy, nor shall any single or
partial exercise of any right preclude any other or further exercise thereof. No waiver of any of the provisions
of this Agreement shall be deemed, or shall constitute, a waiver of any other provision, whether or not similar,
nor shall any waiver constitute a continuing waiver.
No waiver shall be binding unless executed in writing by the party making the waiver. All remedies
shall be cumulative and nonexclusive.
11.7 Partial Invalidity. If any provision of this Agreement is held invalid, void, or unenforceable, the
remaining provisions shall nevertheless continue in full force and effect.
10.8 Further Assurances. Each party shall perform any further acts and execute and deliver any
documents that may be reasonably necessary to carry out the provisions of this Agreement. In the event any
borrower(s) exercises his, her or their right of rescission, Non Delegated Correspondent shall promptly pay to
Lender all amounts collected by Non Delegated Correspondent from Borrower in connection with the Loan,
except where such amounts were disbursed by Non Delegated Correspondent to third party service providers.
11.9 Provision of Information. During the term of this Agreement, and after the submission of a
Loan application to Lender, Non Delegated Correspondent shall furnish Lender, by bonded courier, all notices,
communications, documents, correspondence and other materials received by Non Delegated Correspondent
from any person whatsoever relating to a Loan within one day following receipt thereof by Non Delegated
Correspondent.
11.10 Reimbursement. Non Delegated Correspondent shall reimburse Lender all attorney's fees and
costs incurred in Lender's attempt to recover any and all sums due under this Section 11 in the event that Non
Delegated Correspondent fails to timely reimburse Lender.
NON DELEGATED CORRESPONDENT AGREEMENT
Non Delegated Correspondent Agreement Rev. 07/26/2019
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12. 'Early Payoff Premium/Credit Recapture.
All Program. If any borrower pays off mortgage loan during the 210 days following the Funded/Closed Date,
Non Delegated Correspondent shall promptly reimburse to the NMSI, Inc., (1) any related premium above par and/or
any other pricing enhancements paid by NMSI, Inc. to Non Delegated Correspondent and/or Borrower including but
not limited to any amount paid by NMSI, Inc., and/or credited toward to borrower's closing cost OR (2) SRP of
1.750% of Loan Amount which was included in your final pricing, whichever is greater.
13. 'Early Payment Default.
13.1 Default Loan. In addition to any other repurchase obligations within this Agreement, Non
Delegated Correspondent shall repurchase a Loan at the Repurchase price set forth in section 7 within five (5)
Business Days following receipt of notice from Lender of the occurrence of any of the following events with
respect to such Loan: (a) For any Loan that is eligible to be sold to or insured by any Agency: Any of the first
four (4) scheduled monthly payments due Lender on the Loan becomes ninety (90) days delinquent; or (b) For
any other Loan: Any of the first four (4) scheduled monthly payments due Lender on the Loan becomes thirty
(30) days delinquent.
13.2 Delinquent Loan. A monthly payment shall be considered delinquent if that payment is not
received by Lender or its assigns on or before its due date. Each delinquent monthly payment shall accrue
another day of delinquency for each consecutive day that passes without Lender or its assigns receiving that
monthly payment. Furthermore, for each full calendar month that passes without Lender or its assigns receiving
the delinquent monthly payment, the monthly payment shall be considered thirty (30) days delinquent
regardless of the number of days in that month.
13.3 Prohibition. Non Delegated Correspondent shall not advance funds for or on behalf of a
Borrower for any payment or to otherwise make funds available to any Borrower to avoid or to cure a default by
the Borrower and any such action by Non Delegated Correspondent shall not negate Non Delegated
Correspondent’s repurchase obligation under this section 13. A payment for which Lender deducted funds at the
time of closing the Loan from Non Delegated Correspondent shall not be considered the first payment due after
the date the Loan is closed.
IN WITNESS WHEREOF, the parties have caused there duly authorized representatives to execute this Non
Delegated Correspondent Agreement as of the date first set forth above.
Non Delegated Correspondent:
____________________________________
Address: ___________________________________
___________________________________________
___________________________________________
By: _______________________________________
(Signature)
Name: _____________________________________
Lender: NMSI, Inc
Address: 3700 Wilshire Blvd Suite 330
Los Angeles, CA 90010
By: _________________________________
President of NMSI, Inc.
Date: __________________
Title: ____________________________________
Date: __________________
NON DELEGATED CORRESPONDENT AGREEMENT
Non Delegated Correspondent Agreement Rev. 07/26/2019
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EXHIBIT A
(a) Taking information from the applicant and filling out the application. Filling out a prospective borrower's
worksheet may substitute for the act of filling out a mortgage loan application if, for reasons of efficiency, the
lender prefers to have the actual application filled out in a central location.
(b) Analyzing the applicant's income and debt and prequalifying the borrower to determine the maximum amount
the applicant can afford.
(c) Educating the borrower in the home-buying and financing process, advising the borrower about the different
types of loan products available, and demonstrating how closing costs and monthly payments would vary under
each product.
(d) Collecting financial information (for example, tax returns, bank statements) and other related documents that
are part of the application process.
(e) Initiating or ordering verifications of employment (VOEs) and verifications of deposit (VODs)
(f) Initiating or ordering requests for mortgage and other loan verifications.
(g) Initiating or ordering appraisals.
(h) Initiating or ordering inspections or engineering reports.
(i) Providing required legal disclosures (Truth-in-Lending, Good Faith Estimate, others) to the applicant.
(j) Assisting the applicant in understanding and clearing credit problems.
(k) Maintaining regular contact with the applicant, real estate Non Delegated Correspondent or salesperson, and
lender, between application and closing to apprise them of the status of the application and to gather any
additional information as needed.
(l) Ordering legal documents.
(m) Determining whether the secured property is located in a flood zone or ordering a flood determination.
(n) Participating in the loan closing.
LOAN FRAUD PREVENTION ACKNOWLEDGEMENT
Loan Fraud Prevention Acknowledgement Rev. 05/05/2015
1 of 2
It is the policy of NMSI, Inc. to support the eradication of loan fraud within the residential lending
marketplace. Loan Brokers should be advised that a licensed Broker bears the responsibility for all actions
performed in the course of business, of his or her employees or licensees.
COMMON LOAN FRAUD AND MISREPRESENTATION TYPES
Submission of inaccurate, including false statements on loan application and falsification of documents
purporting to substantiate credit, employment, deposit and asset information or personal information including
identity, ownership/non-ownership of real property, etc.
Submission of inaccurate information, including false statements on loan applications and falsification
of documents purporting to substantiate credit, employment, deposit and asset information or personal
information including identity, ownership/non-ownership of real property, etc.
Forgery or partially or predominantly accurate information.
Incorrect statements regarding current occupancy or intent to maintain minimum continuing occupancy
as stated in the security instrument.
Lack of due diligence by broker/loan officer/processor, including failure to obtain all information
required by the application and failure to request further information as dictated by borrower’s
response to other questions.
Unquestioned acceptance of information, or documentation, which is known, should be known, or
should be suspected as inaccurate. This includes:
Simultaneous or consecutive processing of multiple owner-occupied loans from one applicant
on multiple properties, or form one applicant supplying different information on each
application.
Allowing an applicant or interested third party to “assist” with the processing of the loan.
CONSEQUENCES OF LOAN FRAUD
The consequences of residential loan fraud are far-reaching and expensive. NMSI, Inc. warrants the quality of
our loan production to our investors. Fraudulent loans may not be sold in the secondary market for home mortgages.
If a loan is discovered to be fraudulent after its sale, NMSI, Inc. could be obligated to repurchase the loan from our
investor. Fraudulent loans harm our reputation and strain our relationships with our Investors and Mortgage
Insurance Carriers.
The consequences to those who participate in loan fraud are even more severe. Following is a list of a few of
the repercussions that may be experienced:
To the Broker:
1. Criminal prosecution which may result in possible fines and imprisonment.
2. Revocation of the Broker's license.
3. Inability to access Lenders caused by the exchange of legally permissible information between
Lenders, Mortgage Insurance Companies, FHLMC, FNMA, HUD/VA and other Investors, Police
Agencies and State and Federal Regulatory Agency.
4. Civil action by NMSI, Inc.
LOAN FRAUD PREVENTION ACKNOWLEDGEMENT
Loan Fraud Prevention Acknowledgement Rev. 05/05/2015
2 of 2
5. Civil action by applicant (Borrower) and/or other parties to the transaction.
6. Loss of approved Broker status with NMSI, Inc.
7. Loss of any compensation owed on other transactions by NMSI, Inc. to Broker.
To the Borrower:
1. Acceleration of debt as mandated in the Security Instrument, Deed of Trust or Mortgage.
2. Criminal prosecution which may result in possible fines and imprisonment.
3. Civil action by NMSI, Inc.
4. Civil action by other parties to the transaction such as Seller or Real Estate Agent/Broker.
5. Termination of employment.
6. Forfeiture of any professional license.
7. Adverse, long term effect on credit history.
I have read the foregoing. I understand and accept NMSI, Inc.’s policy on Loan Fraud.
Signature of Broker of Record/ Principal
Sign: ________________________________________
Print: ________________________________________
Signature of Principal Officers
Sign: ______________________________________
Print:_______________________________________
Sign: ______________________________________
Print:_______________________________________
PERMISSION TO SEND FAX AND E-MAIL
Permission To Send Fax and E-Mail Rev. 03/01/14
Dear Valued Customer,
Due to a recently issued FCC regulation implementing The Telephone Consumer Protection Act of 1991, effective
August 25, 2003, our existing business relationships will no longer be sufficient approval for our sending faxes to you with rate
sheet and product information. Therefore, to conform to this regulation, we request your written authorization in order to
continue this service.
Please fill in your fax number where indicated, sign this document and fax it back to us at (213)78 8-3599.
Thank you. We look forward to our continued business relationship.
PERMISSION TO SEND FAX AND E-MAIL
( FCC Final Rules & Regulation Implementing The Telephone Consumer Protection Act of 1991 )
The undersigned, as the broker of record, and/or the principal of my company, hereby authorizes NMSI to send any and
all faxes and e-mails, created in the ordinary course of their business, to any and all members of my company. I agree to
immediately notify NMSI of any future fax number changes. I hereby warrant that I have the authority to bind my company,
and all of its employees, agents, and independent contractors who might work here, to the contents and permission granted in
this PERMISSION FORM and that I acknowledge that this PERMISSION FORM will stay in full force and effect unless
revoked by me in writing and received by NMSI.
Company Name :
Street Address:
City:
State:
ZIP Code:
Please list all office locations, phone numbers, fax numbers, and e-mail addresses for fax and e-mail.
Office Location
Phone No.
Fax No.
E-Mail Address
Signature Date
Print Title
CORPORATE RESOLUTION
Resolution of Officers Rev. 03/01/14
I, ___________________________________, do hereby certify that at a meeting of the Board of Directors
of
_________________________________________________________________________, a corporation organized
Name of Corporation
under the laws of ___________________ , held on the __________day of ____________________, __________at
State Month Year
which said meeting a quorum was present and voting throughout, the following resolution, upon motions made,
second and carried, was duly adopted and is now in full force and effect:
RESOLVED,
that the President, Vice-President, Treasurer, _________________________________, or any one of such officers, be
Any other o
ff
icer(s)
and they are hereby fully authorized and empowered to enter into agreements, contracts and arrangements; to
execute, sign or endorse on behalf of _______________________________ and to affix the corporate seal on same.
Name of Corporation
I further certify that the authority thereby conferred is not inconsistent with the Charter or By-Laws of this
Corporation, and that the following is a true and correct list of officers of this Corporation as of the present date:
Officers Name
Title
Signature
In Witness whereof, I have hereunto set my hand and seal this, ________, day of ____________________, 20 ____
(If no seal, certify that there is no seal)
Secretary (Or officer authorized to act)
Form W-9
(Rev. December 2011)
Department of the Treasury
Internal Revenue Service
Request for Taxpayer
Identification Number and Certification
Give Form to the
requester. Do not
send to the IRS.
Print or type
See Specific Instructions on page 2.
Name (as shown on your income tax return)
Business name/disregarded entity name, if different from above
Check appropriate box for federal tax classification:
Individual/sole proprietor
C Corporation S Corporation Partnership
Trust/estate
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership)
▶
Other (see instructions)
▶
Exempt payee
Address (number, street, and apt. or suite no.)
City, state, and ZIP code
Requester’s name and address (optional)
List account number(s) here (optional)
Part I Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. The TIN provided must match the name given on the “Name” line
to avoid backup withholding. For individuals, this is your social security number (SSN). However, for a
resident alien, sole proprietor, or disregarded entity, see the Part I instructions on page 3. For other
entities, it is your employer identification number (EIN). If you do not have a number, see How to get a
TIN on page 3.
Note. If the account is in more than one name, see the chart on page 4 for guidelines on whose
number to enter.
Social security number
– –
Employer identification number
–
Part II Certification
Under penalties of perjury, I certify that:
1. The number shown on this form is my correct taxpayer identification number (or I am waiting for a number to be issued to me), and
2. I am not subject to backup withholding because: (a) I am exempt from backup withholding, or (b) I have not been notified by the Internal Revenue
Service (IRS) that I am subject to backup withholding as a result of a failure to report all interest or dividends, or (c) the IRS has notified me that I am
no longer subject to backup withholding, and
3. I am a U.S. citizen or other U.S. person (defined below).
Certification instructions. You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax return. For real estate transactions, item 2 does not apply. For mortgage
interest paid, acquisition or abandonment of secured property, cancellation of debt, contributions to an individual retirement arrangement (IRA), and
generally, payments other than interest and dividends, you are not required to sign the certification, but you must provide your correct TIN. See the
instructions on page 4.
Sign
Here
Signature of
U.S. person
▶
Date
▶
General Instructions
Section references are to the Internal Revenue Code unless otherwise
noted.
Purpose of Form
A person who is required to file an information return with the IRS must
obtain your correct taxpayer identification number (TIN) to report, for
example, income paid to you, real estate transactions, mortgage interest
you paid, acquisition or abandonment of secured property, cancellation
of debt, or contributions you made to an IRA.
Use Form W-9 only if you are a U.S. person (including a resident
alien), to provide your correct TIN to the person requesting it (the
requester) and, when applicable, to:
1. Certify that the TIN you are giving is correct (or you are waiting for a
number to be issued),
2. Certify that you are not subject to backup withholding, or
3. Claim exemption from backup withholding if you are a U.S. exempt
payee. If applicable, you are also certifying that as a U.S. person, your
allocable share of any partnership income from a U.S. trade or business
is not subject to the withholding tax on foreign partners’ share of
effectively connected income.
Note. If a requester gives you a form other than Form W-9 to request
your TIN, you must use the requester’s form if it is substantially similar
to this Form W-9.
Definition of a U.S. person. For federal tax purposes, you are
considered a U.S. person if you are:
• An individual who is a U.S. citizen or U.S. resident alien,
• A partnership, corporation, company, or association created or
organized in the United States or under the laws of the United States,
• An estate (other than a foreign estate), or
• A domestic trust (as defined in Regulations section 301.7701-7).
Special rules for partnerships. Partnerships that conduct a trade or
business in the United States are generally required to pay a withholding
tax on any foreign partners’ share of income from such business.
Further, in certain cases where a Form W-9 has not been received, a
partnership is required to presume that a partner is a foreign person,
and pay the withholding tax. Therefore, if you are a U.S. person that is a
partner in a partnership conducting a trade or business in the United
States, provide Form W-9 to the partnership to establish your U.S.
status and avoid withholding on your share of partnership income.
Cat. No. 10231X
Form W-9 (Rev. 12-2011)
Form W-9 (Rev. 12-2011)
Page 2
The person who gives Form W-9 to the partnership for purposes of
establishing its U.S. status and avoiding withholding on its allocable
share of net income from the partnership conducting a trade or business
in the United States is in the following cases:
• The U.S. owner of a disregarded entity and not the entity,
• The U.S. grantor or other owner of a grantor trust and not the trust,
and
• The U.S. trust (other than a grantor trust) and not the beneficiaries of
the trust.
Foreign person. If you are a foreign person, do not use Form W-9.
Instead, use the appropriate Form W-8 (see Publication 515,
Withholding of Tax on Nonresident Aliens and Foreign Entities).
Nonresident alien who becomes a resident alien. Generally, only a
nonresident alien individual may use the terms of a tax treaty to reduce
or eliminate U.S. tax on certain types of income. However, most tax
treaties contain a provision known as a “saving clause.” Exceptions
specified in the saving clause may permit an exemption from tax to
continue for certain types of income even after the payee has otherwise
become a U.S. resident alien for tax purposes.
If you are a U.S. resident alien who is relying on an exception
contained in the saving clause of a tax treaty to claim an exemption
from U.S. tax on certain types of income, you must attach a statement
to Form W-9 that specifies the following five items:
1. The treaty country. Generally, this must be the same treaty under
which you claimed exemption from tax as a nonresident alien.
2. The treaty article addressing the income.
3. The article number (or location) in the tax treaty that contains the
saving clause and its exceptions.
4. The type and amount of income that qualifies for the exemption
from tax.
5. Sufficient facts to justify the exemption from tax under the terms of
the treaty article.
Example. Article 20 of the U.S.-China income tax treaty allows an
exemption from tax for scholarship income received by a Chinese
student temporarily present in the United States. Under U.S. law, this
student will become a resident alien for tax purposes if his or her stay in
the United States exceeds 5 calendar years. However, paragraph 2 of
the first Protocol to the U.S.-China treaty (dated April 30, 1984) allows
the provisions of Article 20 to continue to apply even after the Chinese
student becomes a resident alien of the United States. A Chinese
student who qualifies for this exception (under paragraph 2 of the first
protocol) and is relying on this exception to claim an exemption from tax
on his or her scholarship or fellowship income would attach to Form
W-9 a statement that includes the information described above to
support that exemption.
If you are a nonresident alien or a foreign entity not subject to backup
withholding, give the requester the appropriate completed Form W-8.
What is backup withholding? Persons making certain payments to you
must under certain conditions withhold and pay to the IRS a percentage
of such payments. This is called “backup withholding.” Payments that
may be subject to backup withholding include interest, tax-exempt
interest, dividends, broker and barter exchange transactions, rents,
royalties, nonemployee pay, and certain payments from fishing boat
operators. Real estate transactions are not subject to backup
withholding.
You will not be subject to backup withholding on payments you
receive if you give the requester your correct TIN, make the proper
certifications, and report all your taxable interest and dividends on your
tax return.
Payments you receive will be subject to backup
withholding if:
1. You do not furnish your TIN to the requester,
2. You do not certify your TIN when required (see the Part II
instructions on page 3 for details),
3. The IRS tells the requester that you furnished an incorrect TIN,
4. The IRS tells you that you are subject to backup withholding
because you did not report all your interest and dividends on your tax
return (for reportable interest and dividends only), or
5. You do not certify to the requester that you are not subject to
backup withholding under 4 above (for reportable interest and dividend
accounts opened after 1983 only).
Certain payees and payments are exempt from backup withholding.
See the instructions below and the separate Instructions for the
Requester of Form W-9.
Also see Special rules for partnerships on page 1.
Updating Your Information
You must provide updated information to any person to whom you
claimed to be an exempt payee if you are no longer an exempt payee
and anticipate receiving reportable payments in the future from this
person. For example, you may need to provide updated information if
you are a C corporation that elects to be an S corporation, or if you no
longer are tax exempt. In addition, you must furnish a new Form W-9 if
the name or TIN changes for the account, for example, if the grantor of a
grantor trust dies.
Penalties
Failure to furnish TIN. If you fail to furnish your correct TIN to a
requester, you are subject to a penalty of $50 for each such failure
unless your failure is due to reasonable cause and not to willful neglect.
Civil penalty for false information with respect to withholding. If you
make a false statement with no reasonable basis that results in no
backup withholding, you are subject to a $500 penalty.
Criminal penalty for falsifying information. Willfully falsifying
certifications or affirmations may subject you to criminal penalties
including fines and/or imprisonment.
Misuse of TINs. If the requester discloses or uses TINs in violation of
federal law, the requester may be subject to civil and criminal penalties.
Specific Instructions
Name
If you are an individual, you must generally enter the name shown on
your income tax return. However, if you have changed your last name,
for instance, due to marriage without informing the Social Security
Administration of the name change, enter your first name, the last name
shown on your social security card, and your new last name.
If the account is in joint names, list first, and then circle, the name of
the person or entity whose number you entered in Part I of the form.
Sole proprietor. Enter your individual name as shown on your income
tax return on the “Name” line. You may enter your business, trade, or
“doing business as (DBA)” name on the “Business name/disregarded
entity name” line.
Partnership, C Corporation, or S Corporation. Enter the entity's name
on the “Name” line and any business, trade, or “doing business as
(DBA) name” on the “Business name/disregarded entity name” line.
Disregarded entity. Enter the owner's name on the “Name” line. The
name of the entity entered on the “Name” line should never be a
disregarded entity. The name on the “Name” line must be the name
shown on the income tax return on which the income will be reported.
For example, if a foreign LLC that is treated as a disregarded entity for
U.S. federal tax purposes has a domestic owner, the domestic owner's
name is required to be provided on the “Name” line. If the direct owner
of the entity is also a disregarded entity, enter the first owner that is not
disregarded for federal tax purposes. Enter the disregarded entity's
name on the “Business name/disregarded entity name” line. If the owner
of the disregarded entity is a foreign person, you must complete an
appropriate Form W-8.
Note. Check the appropriate box for the federal tax classification of the
person whose name is entered on the “Name” line (Individual/sole
proprietor, Partnership, C Corporation, S Corporation, Trust/estate).
Limited Liability Company (LLC). If the person identified on the
“Name” line is an LLC, check the “Limited liability company” box only
and enter the appropriate code for the tax classification in the space
provided. If you are an LLC that is treated as a partnership for federal
tax purposes, enter “P” for partnership. If you are an LLC that has filed a
Form 8832 or a Form 2553 to be taxed as a corporation, enter “C” for
C corporation or “S” for S corporation. If you are an LLC that is
disregarded as an entity separate from its owner under Regulation
section 301.7701-3 (except for employment and excise tax), do not
check the LLC box unless the owner of the LLC (required to be
identified on the “Name” line) is another LLC that is not disregarded for
federal tax purposes. If the LLC is disregarded as an entity separate
from its owner, enter the appropriate tax classification of the owner
identified on the “Name” line.
Form W-9 (Rev. 12-2011)
Page 3
Other entities. Enter your business name as shown on required federal
tax documents on the “Name” line. This name should match the name
shown on the charter or other legal document creating the entity. You
may enter any business, trade, or DBA name on the “Business name/
disregarded entity name” line.
Exempt Payee
If you are exempt from backup withholding, enter your name as
described above and check the appropriate box for your status, then
check the “Exempt payee” box in the line following the “Business name/
disregarded entity name,” sign and date the form.
Generally, individuals (including sole proprietors) are not exempt from
backup withholding. Corporations are exempt from backup withholding
for certain payments, such as interest and dividends.
Note. If you are exempt from backup withholding, you should still
complete this form to avoid possible erroneous backup withholding.
The following payees are exempt from backup withholding:
1. An organization exempt from tax under section 501(a), any IRA, or a
custodial account under section 403(b)(7) if the account satisfies the
requirements of section 401(f)(2),
2. The United States or any of its agencies or instrumentalities,
3. A state, the District of Columbia, a possession of the United States,
or any of their political subdivisions or instrumentalities,
4. A foreign government or any of its political subdivisions, agencies,
or instrumentalities, or
5. An international organization or any of its agencies or
instrumentalities.
Other payees that may be exempt from backup withholding include:
6. A corporation,
7. A foreign central bank of issue,
8. A dealer in securities or commodities required to register in the
United States, the District of Columbia, or a possession of the United
States,
9. A futures commission merchant registered with the Commodity
Futures Trading Commission,
10. A real estate investment trust,
11. An entity registered at all times during the tax year under the
Investment Company Act of 1940,
12. A common trust fund operated by a bank under section 584(a),
13. A financial institution,
14. A middleman known in the investment community as a nominee or
custodian, or
15. A trust exempt from tax under section 664 or described in section
4947.
The following chart shows types of payments that may be exempt
from backup withholding. The chart applies to the exempt payees listed
above, 1 through 15.
IF the payment is for . . . THEN the payment is exempt
for . . .
Interest and dividend payments All exempt payees except
for 9
Broker transactions Exempt payees 1 through 5 and 7
through 13. Also, C corporations.
Barter exchange transactions and
patronage dividends
Exempt payees 1 through 5
Payments over $600 required to be
reported and direct sales over
$5,000
1
Generally, exempt payees
1 through 7
2
1
See Form 1099-MISC, Miscellaneous Income, and its instructions.
2
However, the following payments made to a corporation and reportable on Form
1099-MISC are not exempt from backup withholding: medical and health care
payments, attorneys' fees, gross proceeds paid to an attorney, and payments for
services paid by a federal executive agency.
Part I. Taxpayer Identification Number (TIN)
Enter your TIN in the appropriate box. If you are a resident alien and
you do not have and are not eligible to get an SSN, your TIN is your IRS
individual taxpayer identification number (ITIN). Enter it in the social
security number box. If you do not have an ITIN, see How to get a TIN
below.
If you are a sole proprietor and you have an EIN, you may enter either
your SSN or EIN. However, the IRS prefers that you use your SSN.
If you are a single-member LLC that is disregarded as an entity
separate from its owner (see Limited Liability Company (LLC) on page 2),
enter the owner’s SSN (or EIN, if the owner has one). Do not enter the
disregarded entity’s EIN. If the LLC is classified as a corporation or
partnership, enter the entity’s EIN.
Note. See the chart on page 4 for further clarification of name and TIN
combinations.
How to get a TIN. If you do not have a TIN, apply for one immediately.
To apply for an SSN, get Form SS-5, Application for a Social Security
Card, from your local Social Security Administration office or get this
form online at www.ssa.gov. You may also get this form by calling
1-800-772-1213. Use Form W-7, Application for IRS Individual Taxpayer
Identification Number, to apply for an ITIN, or Form SS-4, Application for
Employer Identification Number, to apply for an EIN. You can apply for
an EIN online by accessing the IRS website at www.irs.gov/businesses
and clicking on Employer Identification Number (EIN) under Starting a
Business. You can get Forms W-7 and SS-4 from the IRS by visiting
IRS.gov or by calling 1-800-TAX-FORM (1-800-829-3676).
If you are asked to complete Form W-9 but do not have a TIN, write
“Applied For” in the space for the TIN, sign and date the form, and give
it to the requester. For interest and dividend payments, and certain
payments made with respect to readily tradable instruments, generally
you will have 60 days to get a TIN and give it to the requester before you
are subject to backup withholding on payments. The 60-day rule does
not apply to other types of payments. You will be subject to backup
withholding on all such payments until you provide your TIN to the
requester.
Note. Entering “Applied For” means that you have already applied for a
TIN or that you intend to apply for one soon.
Caution: A disregarded domestic entity that has a foreign owner must
use the appropriate Form W-8.
Part II. Certification
To establish to the withholding agent that you are a U.S. person, or
resident alien, sign Form W-9. You may be requested to sign by the
withholding agent even if item 1, below, and items 4 and 5 on page 4
indicate otherwise.
For a joint account, only the person whose TIN is shown in Part I
should sign (when required). In the case of a disregarded entity, the
person identified on the “Name” line must sign. Exempt payees, see
Exempt Payee on page 3.
Signature requirements. Complete the certification as indicated in
items 1 through 3, below, and items 4 and 5 on page 4.
1. Interest, dividend, and barter exchange accounts opened
before 1984 and broker accounts considered active during 1983.
You must give your correct TIN, but you do not have to sign the
certification.
2. Interest, dividend, broker, and barter exchange accounts
opened after 1983 and broker accounts considered inactive during
1983. You must sign the certification or backup withholding will apply. If
you are subject to backup withholding and you are merely providing
your correct TIN to the requester, you must cross out item 2 in the
certification before signing the form.
3. Real estate transactions. You must sign the certification. You may
cross out item 2 of the certification.
Form W-9 (Rev. 12-2011)
Page 4
4. Other payments. You must give your correct TIN, but you do not
have to sign the certification unless you have been notified that you
have previously given an incorrect TIN. “Other payments” include
payments made in the course of the requester’s trade or business for
rents, royalties, goods (other than bills for merchandise), medical and
health care services (including payments to corporations), payments to
a nonemployee for services, payments to certain fishing boat crew
members and fishermen, and gross proceeds paid to attorneys
(including payments to corporations).
5. Mortgage interest paid by you, acquisition or abandonment of
secured property, cancellation of debt, qualified tuition program
payments (under section 529), IRA, Coverdell ESA, Archer MSA or
HSA contributions or distributions, and pension distributions. You
must give your correct TIN, but you do not have to sign the certification.
What Name and Number To Give the Requester
For this type of account:
Give name and SSN of:
1. Individual
The individual
2. Two or more individuals (joint
account)
The actual owner of the account or,
if combined funds, the first
individual on the account
1
3. Custodian account of a minor
(Uniform Gift to Minors Act)
The minor
2
4. a. The usual revocable savings
trust (grantor is also trustee)
b. So-called trust account that is
not a legal or valid trust under
state law
The grantor-trustee
1
The actual owner
1
5. Sole proprietorship or disregarded
entity owned by an individual
The owner
3
6. Grantor trust filing under Optional
Form 1099 Filing Method 1 (see
Regulation section 1.671-4(b)(2)(i)(A))
The grantor*
For this type of account:
Give name and EIN of:
7. Disregarded entity not owned by an
individual
The owner
8. A valid trust, estate, or pension trust
Legal entity
4
9. Corporation or LLC electing
corporate status on Form 8832 or
Form 2553
The corporation
10. Association, club, religious,
charitable, educational, or other
tax-exempt organization
The organization
11. Partnership or multi-member LLC
The partnership
12. A broker or registered nominee
The broker or nominee
13. Account with the Department of
Agriculture in the name of a public
entity (such as a state or local
government, school district, or
prison) that receives agricultural
program payments
The public entity
14. Grantor trust filing under the Form
1041 Filing Method or the Optional
Form 1099 Filing Method 2 (see
Regulation section 1.671-4(b)(2)(i)(B))
The trust
1
List first and circle the name of the person whose number you furnish. If only one person on a
joint account has an SSN, that person’s number must be furnished.
2
Circle the minor’s name and furnish the minor’s SSN.
3
You must show your individual name and you may also enter your business or “DBA” name on
the “Business name/disregarded entity” name line. You may use either your SSN or EIN (if you
have one), but the IRS encourages you to use your SSN.
4
List first and circle the name of the trust, estate, or pension trust. (Do not furnish the TIN of the
personal representative or trustee unless the legal entity itself is not designated in the account
title.) Also see Special rules for partnerships on page 1.
*Note. Grantor also must provide a Form W-9 to trustee of trust.
Note. If no name is circled when more than one name is listed, the
number will be considered to be that of the first name listed.
Secure Your Tax Records from Identity Theft
Identity theft occurs when someone uses your personal information
such as your name, social security number (SSN), or other identifying
information, without your permission, to commit fraud or other crimes.
An identity thief may use your SSN to get a job or may file a tax return
using your SSN to receive a refund.
To reduce your risk:
• Protect your SSN,
• Ensure your employer is protecting your SSN, and
• Be careful when choosing a tax preparer.
If your tax records are affected by identity theft and you receive a
notice from the IRS, respond right away to the name and phone number
printed on the IRS notice or letter.
If your tax records are not currently affected by identity theft but you
think you are at risk due to a lost or stolen purse or wallet, questionable
credit card activity or credit report, contact the IRS Identity Theft Hotline
at 1-800-908-4490 or submit Form 14039.
For more information, see Publication 4535, Identity Theft Prevention
and Victim Assistance.
Victims of identity theft who are experiencing economic harm or a
system problem, or are seeking help in resolving tax problems that have
not been resolved through normal channels, may be eligible for
Taxpayer Advocate Service (TAS) assistance. You can reach TAS by
calling the TAS toll-free case intake line at 1-877-777-4778 or TTY/TDD
1-800-829-4059.
Protect yourself from suspicious emails or phishing schemes.
Phishing is the creation and use of email and websites designed to
mimic legitimate business emails and websites. The most common act
is sending an email to a user falsely claiming to be an established
legitimate enterprise in an attempt to scam the user into surrendering
private information that will be used for identity theft.
The IRS does not initiate contacts with taxpayers via emails. Also, the
IRS does not request personal detailed information through email or ask
taxpayers for the PIN numbers, passwords, or similar secret access
information for their credit card, bank, or other financial accounts.
If you receive an unsolicited email claiming to be from the IRS,
forward this message to phishing@irs.gov. You may also report misuse
of the IRS name, logo, or other IRS property to the Treasury Inspector
General for Tax Administration at 1-800-366-4484. You can forward
suspicious emails to the Federal Trade Commission at: spam@uce.gov
or contact them at www.ftc.gov/idtheft or 1-877-IDTHEFT
(1-877-438-4338).
Visit IRS.gov to learn more about identity theft and how to reduce
your risk.
Privacy Act Notice
Section 6109 of the Internal Revenue Code requires you to provide your correct TIN to persons (including federal agencies) who are required to file information returns with
the IRS to report interest, dividends, or certain other income paid to you; mortgage interest you paid; the acquisition or abandonment of secured property; the cancellation
of debt; or contributions you made to an IRA, Archer MSA, or HSA. The person collecting this form uses the information on the form to file information returns with the IRS,
reporting the above information. Routine uses of this information include giving it to the Department of Justice for civil and criminal litigation and to cities, states, the District
of Columbia, and U.S. possessions for use in administering their laws. The information also may be disclosed to other countries under a treaty, to federal and state agencies
to enforce civil and criminal laws, or to federal law enforcement and intelligence agencies to combat terrorism. You must provide your TIN whether or not you are required to
file a tax return. Under section 3406, payers must generally withhold a percentage of taxable interest, dividend, and certain other payments to a payee who does not give a
TIN to the payer. Certain penalties may also apply for providing false or fraudulent information.
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