FNF Servicelink Title Closing Agent Contract
FNF Servicelink Title Closing Agent Contract
FNF Servicelink Title Closing Agent Contract
Dear Prospective Closing Vendor: We appreciate your interest in becoming a member of ServiceLinks Closing Agent Network. ServiceLinks network of closing agents extends throughout all 50 states and allows ServiceLink to provide the most extensive and innovative closing services available to mortgage lenders today. As a ServiceLink Attorney Closing Agent, you will be required to complete the witnessing and notarizing of loan documents in your office or at the borrowers home during or after business hours, as well as weekends. Your responsibilities for a refinance transaction will include travelling to the borrowers home or office and properly witnessing and acknowledging the borrowers signature on all closing documents. The ability to work with email documents is mandatory. The lender and/or ServiceLink will pay all courier charges that apply to properly closed transactions. Immediately after the signing, you will need to follow specific transactional instructions included in the document package to inform ServiceLink of a successful closing. This task may require you to fax back specific documents or update the ServiceLink website with the confirmation of the signing and the tracking numbers for the express packages. Please note that if for any reason a closing is rescheduled or cancelled, you must notify ServiceLink and/or its affiliates immediately. ServiceLink and/or its affiliates are unable to affect cancellations of signing appointments. Due to the fact that our clients refuse to pay for such cancellations of closing appointments, ServiceLink and/or its affiliates are unable to compensate you for these cancellations and any signing agent errors, which might result in a second signing. We look forward to a mutually profitable and beneficial relationship. Sincerely,
Title Company Closing Agent Contract Name or Company Name: Contact: Address 1: Address 2: City: State: Primary Phone: ( Secondary Phone: ( Fax: ( Email: Notary License Number:
(In addition, please provide notary license number, photocopy of notary license and background checks for all notaries employed in your firm who may be assisting you in the loan closing process.)
State: Expiration Date: Years Experience: Photocopy of Notary License (Mandatory): Attached Photocopy of current government issued ID (Mandatory): Attached Professional Resume (Mandatory): Attached Professional Errors and Omissions Liability Coverage: E&O Expiration Date: / /
(Please attach photocopy of current E&O declaration page)
Yes
No
Do you currently, or have you had within the past five years any claims or judgments filed against you relative to a real estate transaction? Yes No
(If yes, please attach a detailed explanation.)
State
County
Products and Services Please check all that apply Please approximate number of transactions witnessed. Refinance HELOC Manufactured Home FHA Reverse Mortgage Purchase REO Purchase New Construction CEMA (New York) Loan Modification E Closing Multi-Lingual (Language ) Experience: Experience: Experience: Experience: Experience: Experience: Experience: Experience: Experience: Experience: Experience: Experience: ____________
In an effort to identify diverse businesses within our supply chain, please complete the following questionnaire. Your participation is strictly voluntary. If you have any questions, please contact your ServiceLink representative.
Company Ownership Is the company at least 51% owned, operated, and controlled by one or more U.S. Citizens? Yes No
Business Types (The company must be at least 51% owned, controlled, and actively managed by an individual or individuals that meet one or more of these business types) Check the box next to the business types that matches your type of diverse business. Minority Business Enterprise (MBE) African American Male African American Female Asian Indian American Male Asian Indian American Female Asian Pacific American Male Asian Pacific American Female Hispanic American Male Hispanic American Female Native American Male Native American Female Women-Owned Small Business Concern (WBE) Lesbian Gay Bisexual and Transgender Business Enterprise Veteran Business Enterprise (VBE) Disabled Veteran-Owned Enterprise (DVBE) Disabled Business Enterprise (DBE) Small Business Enterprise (Certified by U.S. SBA) (SBE) HUBZone Small Business Concern 8(a) Business Concern Historically Black College and University (Part B Institution)
Small Disadvantaged Business Concern Not Applicable Certification(s) Check the box next to the certification category that matches the agency that issued your companys certification. DOT, State, City, and Other Diversity Certifications US Small Business Administration (Federal) NMSDC Certification WBENC Certifications NGLCC Certifications Other: Not Applicable
Certification Information *Please include a copy of your certification with this questionnaire. Agency: Certification Type (MBE, WBE, LGBT, VBE, DVBE, DBE, SBE, etc.): Certification Number: Expiration Date:
By signing below, I attest that all information presented in this contract agreement is truthful, and I agree to comply with the terms and conditions of this agreement set forth herewith. It is understood and agreed by you that all references herein to Servicelink apply equally to Servicelinks affiliates and subsidiaries, including, without limitation, any joint venture to which Servicelink is a party. Company name: Print name of business owner: Signature: Date:
Title Company Closing Agent References Business Name: Address: State: Email: Contact: Explain your experience: Years Affiliated: Zip: Phone: ( City: )
Business Name: Address: State: Email: Contact: Explain your experience: Zip:
Phone: ( City:
Years Affiliated:
Business Name: Address: State: Email: Contact: Explain your experience: Zip:
Phone: ( City:
Years Affiliated:
Gramm-Leach-Bliley (GLBA)
As you know, the privacy regulations and information security guidelines issued by the federal financial regulators pursuant to Title V of the Gramm-Leach-Bliley Act (GLBA) went into effect on July 1, 2001. Pursuant to those regulations and guidelines, covered financial institutions and service providers with access to confidential data are required to ensure that all service providers and marketing partners who have access to customer information provide for confidentiality and security of such information. To facilitate our ability to demonstrate compliance with the privacy requirements of GLBA, we ask that you agree to the following, which will apply to all data provided to you by ServiceLink or any of its affiliates or subsidiaries.
As used herein, the term Customer Information shall mean any nonpublic personal information about the customers and consumer (as those terms are defined in Title V of the Gramm-Leach-Bliley Act and the privacy regulations adopted thereunder) of ServiceLink. Service Provider shall mean the party accepting below as Service Provider and each of its affiliates and subsidiaries that are now or hereafter may be providing any goods or services to ServiceLink. 1. Service Provider hereby agrees that, except as may be reasonably necessary in the ordinary course of business to carry out the activities to be performed by Service Provider under its agreement(s) with ServiceLink or as may be required by law or legal process, it will not disclose any Customer Information to any third party other than affiliates of Service Provider or ServiceLink. Service Provider hereby agrees that it will not use any Customer Information other than to carry out the purposes for which, such Customer Information was disclosed by ServiceLink unless such other use is (a) expressly permitted by a written agreement executed by ServiceLink, or (b) required by law or legal process. Service Provider agrees to take all reasonable measures, including without limitation such measures as it takes to safeguard its own confidential information, to ensure the security and confidentiality of all Customer Information, to protect against anticipated threats or hazards to the security or integrity of such Customer Information and to protect against unauthorized access to or use of such Customer Information.
2.
3.
4.
Throughout the term of the Agreement, Service Provider shall implement and maintain appropriate safeguards as that term is used in section 314.49(d) of the FTC Safeguard Rule, 16 C.F.R. part 314 (the FTC Rule) for all customer information as that term is defined in section 314.2(b) of the FTC Rule, owned by ServiceLink and delivered to the Service Provider pursuant to this agreement. Service Provider shall promptly notify ServiceLink in writing of each instance of (i) unauthorized access to or use of that customer information that could result in substantial harm or inconvenience to a customer of ServiceLink or (ii) unauthorized disclosure, misuse, alteration, destruction or other compromise of that customer information. Service Provider shall indemnify, defend and hold harmless, ServiceLink for security breaches, violations of GLBA caused by Service Providers negligence or misconduct, and loss or material alteration of customer information.
5.
6.
Please confirm your agreement to these terms by signing at the bottom of this page. In order to be a qualified vendor doing business with ServiceLink you must accept the terms stated herein. It is understood and agreed by you that all references herein to ServiceLink apply equally to ServiceLinks affiliates and subsidiaries, including, without limitation, any joint venture to which ServiceLink is a party. Signature Date _/ /
The security of borrower information is of the highest importance to ServiceLink and our clients. In order to comply with the requirements of The Gramm-Leach- Bliley Financial Services Modernization Act (GLBA), other laws and various client contracts, ServiceLink has instituted a policy requiring criminal background screenings for all Signing Agents. ServiceLink values its relationships with the signing agents in our network and we have tried to keep these requirements as flexible as possible to minimize the cost and simplify the compliance process as much as possible. To satisfy these requirements all individual signing agents must take one of the following actions to comply with this new policy: 1. Provide a copy of a Certificate from the GLBA-Compliant National Notary Association (NNA) program. The NNA has a single source Certification Background Screening Solution. The Certification must have been issued within the last two years and is required to be renewed every two years before expiration. You can contact the NNA at 800-876-6827 or www.nationalnotary.org. 2. If you have had a background check performed by a reputable firm, then the background check may be acceptable so long as it is no more than 2 years old. Any such pre-existing background check must meet the requirements of our clients. Our client(s) may accept or reject the screening based on the report results. If you do not have a background check at the time of completing this agreement you can obtain one from Acxiom at the discounted rate of $54.00 by visiting their website at http://mybackgroundreport.com or https://aissreports.acxiom.com/consumer/contractor.asp Enter partner code SERV4727 and click I am a New User, and proceed as instructed. Once report is received, please fax to 866-834-7479, Attention Vendor Management. 4. If you are an attorney who is directly supervising or performing the closing, please disregard the above 3 options however you must provide us with evidence that you are currently a member in good standing of your State Bar Assoc.
3.
In addition to choosing one of the above 4 options, you also must sign a Notice, Authorization and Release Regarding Existing Certificates and/or Investigative Consumer Reports which authorizes ServiceLink to disclose and provide to our client(s) copies of all background checks, certifications, notes, worksheets, matrices and other information received or compiled by ServiceLink. A copy of this is included in this package. If you submit a background check pursuant to Paragraph 2, above, you must also submit a Statement of Residence and Employment so that we can fully evaluate the background check report. If you choose not to comply with this new policy, ServiceLink will be required to restrict the signings that you can perform based on our clients specific requirements. In this case, it may also be necessary to remove you from our signing agent database.
NOTICE, AUTHORIZATION AND RELEASE REGARDING EXISTING CERTIFICATES AND/OR INVESTIGATIVE CONSUMER REPORTS
I have provided or will provide to ServiceLink a copy of my Certificate from the GLBACompliant National Notary Association (NNA) background screening program. I HEREBY AUTHORIZE ServiceLink to release, disclose and/or provide a copy of said Certificate to any client, customer, lender or other financial institution for whom ServiceLink provides settlement or other services so as to evidence that I meet the requirements, qualifications and standards imposed by such lender or financial institution on persons who receive or have access to consumer financial information or other confidential information. FURTHER, I HEREBY AUTHORIZE ServiceLink to release, disclose and/or provide a copy of any and all forms, questionnaires, investigative reports, background checks, evaluations, analysis or other information that I have provided or caused to be provided to ServiceLink, or which ServiceLink has prepared, to any customer, client, lender or other financial institution for whom ServiceLink provides settlement or services so as to evidence that I meet the requirements, qualifications and standard imposed by such customer, client, lender or financial institution on persons who receive or have access to consumer financial information or other confidential information. I hereby agree and understand that this Authorization and Release will remain valid as long as I provide any services for or to ServiceLink and throughout my affiliation with ServiceLink. The matters and information which are covered by this Authorization and Release include, but are not limited to, information concerning my criminal history, motor vehicle history, social security number, character, or any other information requested. As used herein ServiceLink means the ServiceLink division of any of the Fidelity National Financial, Inc. title insurers and any of its subsidiaries and/or affiliates. I hereby release ServiceLink, to the full extent permitted by law, from any liability or claims arising from releasing, disclosing, providing and/or reporting information concerning me to any party pursuant to this Authorization and Release. I agree that a copy or fax of this document shall be as valid as the original.
Signature
Date
Vendor ID
-1-
Form (Rev. January 2011) Department of the Treasury Internal Revenue Service
W-9
Name (as shown on your income tax return) Business name/disregarded entity name, if different from above Check appropriate box for federal tax classification (required): Individual/sole proprietor C Corporation S Corporation Partnership Trust/estate Exempt payee
Limited liability company. Enter the tax classification (C=C corporation, S=S corporation, P=partnership) Other (see instructions) Address (number, street, and apt. or suite no.) City, state, and ZIP code List account number(s) here (optional)
Part I
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.
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
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 requesters 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.
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.
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.
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.
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 . . . Interest and dividend payments Broker transactions Barter exchange transactions and patronage dividends THEN the payment is exempt for . . . All exempt payees except for 9 Exempt payees 1 through 5 and 7 through 13. Also, C corporations. Exempt payees 1 through 5
Payments over $600 required to be Generally, exempt payees reported and direct sales over 1 through 7 2 1 $5,000
1 2
See Form 1099-MISC, Miscellaneous Income, and its instructions. 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.
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 requesters 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.
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.
Give name and SSN of: The individual The actual owner of the account or, if combined funds, the first 1 individual on the account The minor
2
The grantor*
The corporation
The organization
The trust
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 persons number must be furnished. Circle the minors name and furnish the minors SSN. 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.
2 3
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.
Thank you in advance for your efforts in extending high standards of professionalism and excellence to each and every client. I have read, understand and agree to the Responsibilities and Code of Conduct stated above.
Signature
Date