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Client Services Terms and Official Agreement :
The authorized paying Client(s) hereby employs Mortgage Mediation
Consultants, of El Paso, Texas, hereinafter referred to as MMC, to act
as Client’s agent in assisting Client(s) with certain problems
resulting from mortgage delinquency and/or foreclosure situations by
attempting to negotiate a workout solution with Client(s) lender or
mortgage holder, regarding Client(s) real property located at:
Address: Client affirms that this Information has been provided for in truth to MMC in written format.
It is understood that MMC will explore all reasonable options to assist
Client(s) in maintaining ownership of Clients aforementioned property.
MMC will negotiate on Client’s behalf and will, within a
reasonable time period, advise Client(s) as to the availability of
feasible solution(s). It is, however, the sole responsibility of the
Client(s) to act on the advice and opportunities presented by MMC and
to take the necessary steps to avoid the loss of Clients said property.
1. APPLICATION: Client(s) represents that the information given to MMC
relative to the mortgage delinquency and/or foreclosure situation is
complete and accurate including, but not limited to, such facts as
Mortgagee's name, mortgage account number as well as the terms and
status of the mortgage indebtedness and arrearages. Client(s) has fully
represented and disclosed the existence of any and all mortgages (deeds
of trust, mortgages and promissory notes), liens, bankruptcies, or
judgments against Client(s) and/or said Clients property, past or
present, as well as, Clients personal household income, assets and
expenditures. Client(s) has also informed MMC of any other relevant
facts which may affect MMC's ability to perform services hereunder.
Client(s) understands the importance of his/her full cooperation and
full disclosure to attempt to prevent the loss of said property.
Resolutions can take the form of obtaining agreement from Client's
lender or mortgage holder to reinstate Client's mortgage by recasting
the loan, agreeing to an informal or formal forbearance agreement, loan
extension, pre-foreclosure sale, deed in lieu of payment, rescinding a
current foreclosure action against Client, or other legally binding
financial agreement between Client and Client's lender or mortgage
holder.
2. CHARGES: Client(s) shall pay to MMC the total fee of $950.00 as
compensation for services performed in connection with his/her
delinquent mortgage. Should MMC fail to affect a solution or
alternative solution, as referenced herein, without Client(s)
terminating this Agreement through Client(s) independent action, the
total fee shall be refunded to Client(s). Client(s) fully understands
and agrees that the total fee is earned if (1) there's a resolution of
Client’s mortgage problem in effecting a solution, (2) there is
use of an alternative solution with the utilization of outside legal
counsel if needed or, (3) Client(s) terminates this Agreement prior to
a workout solution produced by MMC. Client(s) fully understands and
agrees that they shall not make any contact with said lender without
written permission from MMC and should client start communicating
and/or negotiating with lender at any time, in any way, this will be a
breach of contract and therefore there will be no refund. Additionally,
if MMC performs as hired and information given by Client(s) is
incorrect and/or fraudulent and thus causes results not satisfactory to
the intent of this Agreement then Client(s) agrees there will be no
refund.
3. PAYMENTS MAINTAINED: It is understood and agreed that in order to
effectively work on a solution(s) for the undersigned Client(s); it is
important and necessary that Client(s) be able to afford said property.
After a solution(s) to the mortgage delinquency and/or foreclosure
problem has been recommended to Client(s) by MMC, such Client(s) shall
make restitution with the lien holder(s) in a timely manner. Should
however, Client(s) be unable and/or unwilling to make such restitution,
it is hereby understood and agreed that there will be no refund. Should
however, MMC negotiate and recommend a solution(s) and Client(s) fails
or refuses to maintain payments on such solution, Client(s) hereby
agrees to release, waive, and discharge MMC from any and all liability,
claims, demands, actions, and causes of action in any way arising from
or connected with said Clients failure or refusal to maintain said
payments, and Client(s) hereby agrees to hold MMC harmless from any
liability asserted by third parties as a result of Clients failure or
refusal to maintain such payments. Client(s) hereby understands it is
their sole responsibility to maintain such payments and MMC has no
responsibility whatsoever to pay default mortgage payments, subsequent
mortgage payments or otherwise.
4. GENERAL: Client(s) hereby agrees to provide documentation,
cooperation and/or aid to MMC as MMC deems reasonably necessary. If
Client(s) fails or refuses to provide such documentation, cooperation
and/or aid to MMC, Client(s) hereby agrees there will be NO REFUND.
Client(s) understands that MMC undertakes only to perform services to
attempt to alleviate the aforementioned problems, and in no way
undertakes to perform legal or other services. Should other
professional services be recommended by MMC, it is the sole
responsibility of the Client(s) to provide for said services and costs.
Liability of MMC under this agreement is strictly limited to funds
received from Client under this agreement. Client's agrees to
hold harmless and indemnify MMC and waives all other remedies including
without limitation any other incidental or consequential damages
arising from this Agreement. Client(s) agrees that any and all disputes
will be settled using a third-party arbitrator from El Paso, Texas,
chosen by Matthew Lopilato of MMC, and all associated fees for such
arbitration will be paid by client(s). Texas law of arbitration will
govern this process.
5. AUTHORIZATION & RESPONSIBILITY: Client(s) hereby authorizes MMC
to furnish any and all information including, but not limited to MMC's
"Financial Disclosure", any contractual debts, et cetera, to any
agencies or individuals connected with Clients mortgage to aid MMC in
representing Client(s). It is understood and agreed that in order to
effectively work on a solution(s) for the undersigned Client(s); it is
important and necessary that Client(s) be able to afford said property.
Client(s) hereby state that they fully understand that MMC’s
ability to correct subject mortgage difficulty relies, to a large part,
upon their providing to MMC correct and fully accurate information and
all required documentation as soon as possible. Also, Client(s) fully
understand that MMC compiles such documentation provided, along with
other information, into a foreclosure prevention/default resolution
package that is submitted to program administrators for said
administrators review. Client further understand that such foreclosure
prevention/default resolution package cannot be submitted for review
until all such documentation, required by said administrators, has been
provided to MMC. Further, it has been explained by a MMC
representative, that in order to facilitate Client(s) acceptance into a
Mortgage Assistance Program that Client(s) as well, must do the
following:
· Save an amount
of money equal to subject mortgage payment(s) plus save as much
additional money as possible each and every month throughout the
foreclosure prevention/default resolution process and until MMC’s
involvement has been completed.
· Keep open
lines of communication between them and MMC and to return all phone
calls received from MMC immediately. Client(s) further understand that
if they receive any correspondence or phone calls from the mortgage
lender and/or attorneys, and/or court departments, it is client(s)
responsibility to contact and inform MMC immediately after receiving
such phone call or written correspondence and, as well, to provide MMC
a copy of all such written correspondence immediately.
Client is to provide the entire package listed below to MMC for work to begin.
1. Client Services Agreement has been read and is fully understood and agreed to by Proof of Payment
2. Authorization to Release Information Form
3. Escrow Deposit
4. Financial Statement and Disclosure
5. Hardship Letter – 1 page only - handwritten and signed
6. Supporting Hardship Documents
7. Payroll Stubs and/or Proof of Income verification Information for Last 60 days
8. Last Two Month’s Bank Statements
9. Two Years Federal Income Tax Returns
10. Mortgage Coupon Payment Stub or Lender Mortgage Statement
11. All recent Lender/Attorney/Sheriff Letters and Notices Received
DISCLAIMER: NOTICE OF RIGHT TO CANCEL: Client reserves the full legal
right to cancel without reason or penalty anytime during the first 72
hours after payment was made. a FULL REFUND WILL BE PROMTLY ISSUED.
6. ENTIRE AGREEMENT ACKNOWLEDGMENT:
By purchasing these services using PayPal, Client(s) acknowledges
paragraphs 1 through 6 have been read, understood and agreed to all
elements of this entire agreement and this is to act as an official
digital signature. Any amendments must be in writing and signed by both
parties.
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