For more information about our Policies and Procedures please contact us. Our Policies and Procedures include additional information about:
AMENDMENTS / TERMINATION / LAW
FINS, reserves the right to cancel this Agreement and terminate this account upon 30 days written notice to the parties of this Agreement. This Agreement shall be governed by the laws of the State of Washington. If any lawsuit is filed in connection with this Agreement, venue shall be in Snohomish County, Washington. This Agreement may be executed in counterparts, all of which together shall constitute one and the same original Agreement.
ACCOUNT CLOSURES
If a Seller/ Lender in a Note Processing Account wishes to close the account before the loan is paid in full, FINS will need a signed request and all outstanding fees will need to be paid. If a Seller/Lender wishes to close a True Escrow Account, oftentimes a signed request also needs to be received from the Buyer /Borrower. The Seller /Lender does not need agreement for the return of documents in a Note Servicing agreement. Upon receipt of agreement a Non-True Escrow Agreement or Terms of Agreement allow return of any original documents we are holding and will be mailed to the Seller/Lender or their attorney, as instructed. The account will then be closed with FINS. Please remember to keep us updated if your address changes after the account closure, as we will still provide the current year-end statement for tax purposes the following January.
MAKING PAYMENTS
Our policy on payments is as follows:
A. Payments
FINS shall accept payments tendered on behalf of the BUYER/ BORROWER but not partial payments unless approved by the SELLER/LENDER regardless of the amount or date received, except payments in excess of the dollar limit imposed by FINS currently. Amounts of greater than $5000.00 will generally only be accepted in the form of a wire transfer or certified check to receive immediate credit. Payments received by ACH, mail or in person, or pay by web/phone payments initiated by close of business (2 PM Monday-Friday except banking holidays) and be credited same day; otherwise credited next business day. Automatic ACH payments are credited for date received and subject to the 2:00PM Monday-Friday, reciept as indicated above. Payments received by FINS will be dispersed pursuant to the instructions of SELLER/LENDER, normally within one (1) business day following receipt; however, disbursements may be delayed until confirmation by FINS that it is in receipt of “good funds”. Payments will be allocated pursuant to the terms of the underlying agreement (s) between BUYER/BORROWER and SELLER/LENDER referenced in this Agreement. Unless otherwise specified in this Agreement, all SELLER/LENDER fees shall be deducted from the SELLER/LENDER proceeds, and all BUYER/ BORROWER fees shall be deducted from each payment received prior to the application of the payment to the underlying agreement (s).
If your grace period ends over a weekend your payment must be received by the close of business day prior to avoid being assessed a late charge.
B. Methods of payment processing
1. Electronic Funds Transfer (EFT) - Direct Deposit and Automatic Debit
Electronic Funds Transfer (EFT) is a system of transferring money from one bank account directly to another without any paper money changing hands or delivery of a check. Two of the most commonly used EFT programs are Direct Deposit and Automatic Debit. EFT systems are used for both credit transfers, such as direct deposit, to transfer funds into an individual’s account and for debit transfers, which electronically pulls funds from an individual’s account. FINS utilizes both systems for your convenience. ACH from bank accounts may be processed from U.S. banking institutions only.
2. Seller/Lender
We strongly encourage all SELLER/LENDERs to use our direct deposit program. By having your proceeds electronically deposited each month, you no longer must wait by the mailbox or make extra trips to the bank. Funds will be automatically transferred from our account to yours and available to you, two business days after payment is received from your Buyer/ Borrower. No need to worry about mailing times or lost checks.
3. Buyer/Borrower
For our BUYER/BORROWER FINS offers a convenient automatic debit program. You can have your payments deducted from your bank account, automatically, every month, on the date you choose. You won’t have to worry about writing checks, mailing times, or possible late charges because you forgot to make the payment. You provide us with the initial setup information and then only remember to have enough funds in your account on the date of the transfer and forget it.
4. Checks
Checks can be dropped of at one of the title company offices or delivered to our main processing office located at 420 N. MacLeod Ave #5, Arlington, WA 98223, or sent by mail to P.O. Box 249, Arlington, WA 98223, but must be received before the cut-off time of 2:00 pm on the day payment is due. Checks may wait for “good funds” to be established to pay to the SELLER/LENDER.
5. Bill Pay
From your checking account: This is initiated through your financial institution's bill pay service (There is no fee for this service as in check processing). Please remember that your institution will be mailing us a paper check and allow for mail time.
6. Wire Transfer
Payoff Funds and amounts over $5,000 should be received by wire. Please contact us for wiring instructions.
7. Additional Information on Recurring Automatic Payments - See 2 and 3 above
Recurring Automatic Payments initiated by the BUYER/BORROWER or FINS are transmitted within two (2) business days of the payment in most instances to Seller/Lender. If you need to make a change to your existing ACH, or other electronic transfer, you must notify us of these changes seven (7) business days in advance, in writing. If your designated ACH date falls on a weekend or holiday the payment will be credited the following business day. If this causes you to incur a late charge you may want to consider changing the date.
PAYMENT NOTICES
1. Email Notices
Reciepts are send by email every time a payment is received to the Buyer/Borrower. Every time a payment is dispursed to a Seller/Lender an email is sent. You will see how the payment was applied to the account, what date the interest is currently paid through, and the next payment due date by reviewing your customer secured portal. Mailed notices with the same information, can be provided for a nominal charge. If the Seller/Lender requests a mailed notice, there will be a charge.
2. Reminder Notices
Mailed notices will be sent to the BUYER/BORROWER if their payment becomes 15 days late. Copies can be mailed to the SELLER/LENDER for a nominal charge.
3. Tax and Insurance Notices
Mailed or emailed notices will be sent to the BUYER/BORROWER if additional funds are needed to pay an upcoming impound payment. If FINS is unable to make the payment, the SELLER/LENDER will also be notified.
4. Online Inquiry Access
FINS has a secured website that allows both parties to view their account history after establishing a private password. This is a free service and is strongly encouraged. Having this access will allow you to print up to two years of history’s 24/7 days a week. This website contains the same information as your annual year-end statement and can be easily accessed to assist you with your annual tax reporting.
5. 1099/1098 Forms/ Year-End History
Every year in January, both parties will receive a year-end statement as dictated by your account. If you are paying or collecting interest, you will receive the 1098 or 1099 IRS statement. If your account is not interest-bearing, you will still receive a printed account history for your records. This service is included in your monthly administration fee.
6. Default And Demand Letters
If your payor is delinquent in their payments or other contractual obligations, you may choose to have FINS mail a certified letter to the Buyer/Borrower requesting they bring their account current. This is an optional service and needs to be initiated by the SELLER/LENDER. Please see our fee schedule and call our office to discuss the terms of the letter. Additional requests and correspondence will be sent as needed or upon request. Please contact our office via email or by phone to discuss available options.
PAYOFF QUOTE REQUESTS AND PAYOFFS
1. Obtaining a payoff quote request by borrower/buyer
As part of the account, you may request a payoff quote. This quote can be mailed, emailed or faxed to you using the address or number that you have on file with FINS.
To request a payoff quote, complete the Request for Payoff Form. There is a two (2) business day turn-around time. We cannot send this quote to a third party without your written and signed request.
If you are obtaining this information for a lending officer or escrow company, please have them send their written request and borrower authorization to FINS directly. It is suggested that a quote request be submitted to FINS five (5) business days prior to closing.
When a payoff quote is provided to our Buyer/Borrower or someone on their behalf, a copy is automatically mailed to the Seller/Lender. If you would like your principal balance only, please call the office.
For FINS processing, we must have the following information on the form you submit:
First and Last Name
FINS Account Number
Email Address
Phone Number
The date you would like the payoff quote to go through, i.e. the date of closing.
2. Payoff quote request from third parties
To request a payoff quote, please remit the signed borrower authorization form and demand request via email, fax or via our secure upload. There is a two (2) day business turn-around time. It is suggested that a quote request be submitted to FINS five (5) business days prior to closing.
3. Verifiable funds in payoffs
Incoming wires must include the fee charged by FINS along with account number. These funds will not be subject to a hold upon verification of funds.
A. Incoming Wires must include the fee charged by FINS along with the account number. These funds will not be subject to a hold upon verification of funds.
B. Cashier Checks
C. Personal Checks
D. Buyer / Borrower is responsible for accrued interest through verification of receipt of payoff funds.
E. FINS may, in its discretion, allow a shorter hold time, or require a longer hold, depending on the verification of funds.
F. No cash payments.
See Payoff Form or have your new lender provide form to us.
4. BUYER/BORROWER
Please note:
A. Wiring instructions will be provided upon receipt of official payoff request and an incoming wire fee will be added to the total payoff amount.
B. FINS may, in its discretion, allow a shorter hold time, or require a longer hold, depending on the verification of funds.
C. No cash payments will be accepted for regular payments or payoffs.
LATE PAYMENTS, DELINQUENCIES AND DEFAULT INTEREST
1. Delinquencies and Explanation
FINS knows delinquencies are a difficult subject and we can give you some insight as to how FINS will address this issue. At FINS there are things that we can, and we will do for you and there are things that we cannot or will not do. Here is our explanation.
2. DEFAULT INTEREST
There are many contracts that call for default interests. Due to changing regulations, FINS will not automatically initiate this process for interest rates. We require written instructions from the lender or agent/attorney working on your behalf, before we will make any changes on your account. FINS reserves the option of having the Lender or Agent/Attorney to deal with the default interest separate from our service.
Please feel free to contact us if you have any questions.
Phone Number: 360-474-4920
FAX Number: 360-474-4925
Address: 420 N MacLeod #5 Arlington, WA 98223
PO Box 249 Arlington, WA 98223
Email: ContactUs@UseFins.com