Mortgage Fee Agreement Template for United States

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Key Requirements PROMPT example:

Mortgage Fee Agreement

"I need a Mortgage Fee Agreement for a residential property loan in California, with specific provisions for FHA compliance and an emphasis on detailed breakdown of third-party fees, to be effective from March 1, 2025."

Document background
The Mortgage Fee Agreement is essential in U.S. residential and commercial lending transactions to ensure transparency and compliance with consumer protection laws. This document is required whenever a mortgage loan is originated, modified, or refinanced, providing detailed disclosure of all fees and charges as mandated by federal regulations such as RESPA and TILA. The agreement protects both lenders and borrowers by clearly documenting all financial obligations and ensuring compliance with applicable state and federal laws.
Suggested Sections

1. Parties: Identification of lender, borrower, and any other relevant parties

2. Background: Context of the agreement and relationship between parties

3. Definitions: Key terms used throughout the agreement

4. Fee Structure: Detailed breakdown of all applicable fees

5. Payment Terms: When and how fees are to be paid

6. Disclosure Statements: Required legal disclosures under federal and state law

Optional Sections

1. Third Party Fees: Details of fees payable to third parties (include when third-party services are involved)

2. Special Program Terms: Specific terms for FHA, VA, or other special mortgage programs (include when dealing with government-backed mortgages)

3. Refinancing Terms: Special provisions for refinancing scenarios (include when agreement covers refinancing options)

Suggested Schedules

1. Schedule A - Fee Schedule: Detailed breakdown of all fees and charges

2. Schedule B - Required Disclosures: State and federal mandated disclosures

3. Appendix 1 - Calculation Examples: Examples of fee calculations in various scenarios

4. Appendix 2 - State-Specific Disclosures: Additional disclosures required by specific states

Authors

Alex Denne

Head of Growth (Open Source Law) @ Genie AI | 3 x UCL-Certified in Contract Law & Drafting | 4+ Years Managing 1M+ Legal Documents | Serial Founder & Legal AI Author

Industries

RESPA: Real Estate Settlement Procedures Act - Federal law governing real estate settlement processes and prohibiting kickbacks and referral fees in mortgage transactions

TILA: Truth in Lending Act - Federal law requiring disclosure of credit terms and standardizing the manner in which costs associated with borrowing are calculated and disclosed

TRID: TILA-RESPA Integrated Disclosure Rule - Combines and streamlines the required loan disclosures under TILA and RESPA

Fair Housing Act: Federal law prohibiting discrimination in mortgage lending based on race, color, national origin, religion, sex, familial status, or disability

ECOA: Equal Credit Opportunity Act - Prohibits credit discrimination on the basis of race, color, religion, national origin, sex, marital status, age, or public assistance status

HMDA: Home Mortgage Disclosure Act - Requires financial institutions to maintain and annually disclose data about home purchases, home purchase pre-approvals, home improvement, and refinance applications

Dodd-Frank Act: Comprehensive financial reform law that established the CFPB and implemented new mortgage lending requirements and consumer protections

State Usury Laws: State-specific laws that set maximum interest rates and regulate fee amounts that can be charged on mortgage loans

State Mortgage Regulations: State-specific requirements for mortgage lending, including licensing, disclosure requirements, and consumer protections

CFPB Regulations: Federal regulations issued by the Consumer Financial Protection Bureau governing mortgage lending practices and consumer protection

FRB Guidelines: Federal Reserve Board regulations affecting mortgage lending and banking practices

HUD Guidelines: Department of Housing and Urban Development requirements affecting mortgage lending and settlement procedures

GSE Requirements: Fannie Mae and Freddie Mac guidelines governing conforming mortgages and associated fee structures

FHA Requirements: Federal Housing Administration specific requirements for FHA-insured mortgages including allowable fees and charges

VA Requirements: Veterans Affairs specific requirements for VA-guaranteed mortgages including fee limitations and borrower protections

Teams

Employer, Employee, Start Date, Job Title, Department, Location, Probationary Period, Notice Period, Salary, Overtime, Vacation Pay, Statutory Holidays, Benefits, Bonus, Expenses, Working Hours, Rest Breaks,  Leaves of Absence, Confidentiality, Intellectual Property, Non-Solicitation, Non-Competition, Code of Conduct, Termination,  Severance Pay, Governing Law, Entire Agreemen

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