The disclosures follow full year and fourth quarter earnings reports in which each company revealed big declines from booming performances in 2021. Celink is in good standing to service Mortgages for FHA. Term means each two (2)year period commencing on the execution date of the Agreement, and each anniversary date thereafter. The loan in question was originated by Live Well, serviced by Celink and subsequently sold to RMF in December of 2018 while Celink continued its role as servicer. (a) If Loan data is not received by Noon (Eastern Time Zone) on the 12thcalendar day after closing, Celink will not be held liable for any HUD-assessed late fees. Manage, Mitigate and Reduce Risk . REVERSE MORTGAGE FUNDING LLC: CELINK: CIC NO. Jennifer Fiorica Delgado (Reynold Lambert, on the brief), Lowenstein Sandler LLP, Roseland, N.J., for Defendant-Appellee Reverse Mortgage Funding, LLC. The company is not affiliated with or acting on behalf of or at the direction of HUD/FHA or any other government agency. <> Celink shall attempt to sell the same (and may temporarily rent the same for a period not greater than one year, except as otherwise provided below) on such terms and conditions as directed by the written consent of RMF. (c) If the Obligor(s), or Mortgagor(s)file for bankruptcy protection, the management and monitoring of the bankruptcy process will be assigned to an outside law firm specializing in reverse mortgages, or any other law firm acceptable to RMF. 2023 Reverse Mortgage Funding LLC, 1455 Broad St., 2nd Floor, Bloomfield, NJ 07003, 1-888-494-0882. . Recitals and Headings. HUD means the United States Department of Housing and Urban Development. Cross-Defendant-Appellee Celink. Celink agrees to, and does hereby indemnify and hold harmless RMF and its directors, officers, employees and agents, and their successors and assigns against, and shall reimburse RMF for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs, expenses and disbursements of any kind or nature whatsoever including reasonable fees and expenses of counsel of litigation which may be imposed on, incurred by or asserted against RMF, in any way related to, or arising out of, this Agreement or any of the transactions contemplated herein, to the extent that any of the same results from or arises out of (i)any material breach of any representation or warranty made by Celink in this Agreement, (ii)any material breach by Celink of any covenant or obligation of Celink under this Agreement or any schedule, written statement, document or certificate furnished by Celink pursuant to this Agreement, or (iii)the gross negligence, willful misfeasance or bad faith of Celink in the performance of its duties under this Agreement. No. Create a new account in 3 easy steps! By clicking "SUBMIT", you are providing your signature and express "written" consent to be contacted by or behalf of Reverse Mortgage Funding LLC, its affiliates and/or its agents (collectively Company) at the telephone, email or mailing address that you have provided for purposes of fulfilling this inquiry about reverse mortgages and/or the Company's products or services, even if you have previously registered on a "do not call" government registry or requested Company to not send marketing information to you by email and/or direct mail. Section3.02. Celink founded in 1969 and headquartered in Lansing, Michigan, provides reverse mortgage servicing solutions in the United States, Puerto Rico, and the United States Virgin Islands. The bank had said in a regulatory filing that repaying the advances "could result in the bank being less than well-capitalized.". (xiii) Upon request of RMF, preparing and sending any reports, notices, or data as required by Fannie Mae, HUD, Ginnie Mae or any other Investor or Insurer. Free Loan Calculator Reverse Mortgage Funding is Here for You Entering retirement, you may be considering loan options to help give you financial peace of mind. Subsequently, Celink was also dismissed from the case. Upon completion of the inspection or review, Celink shall promptly provide the RMF with a written report of the environmental inspection. Except as otherwise provided in this Agreement, Celink and RMF shall have the right to resign from the obligations and duties hereby imposed on either Party, upon not less than one hundred eighty (180) days advance written notice. The following terms shall have the following meanings for all purposes of this Agreement (except as expressly provided otherwise herein or unless the context otherwise requires): Advances means any and all funds advanced by Celink either to, or on behalf of, a Mortgagor, Obligor,Investor, or Insurer including, but not limited to scheduled and unscheduled payments, payment of taxes or insurance, field visits, property inspections, legal fees, appraisals, broker price opinions, and securing and maintenance of the Property in the event of a foreclosure, and subsequent sale. Celinks Duties Upon Termination; Payment to Celink, Section6.04. In consideration for services rendered hereunder, Celink shall be entitled to the following amounts, as well as the amounts set forth in ExhibitA; provided, however, that the right to receive compensation for servicing the Loans may not be transferred in whole or in part except in connection with the transfer of all of Celinks responsibilities and obligations as permitted under this Agreement: (a) in respect of each Loan, the Servicing Fee payable noted in ExhibitA, monthly until the earliest to occur, all interest and principal due on such Loan is paid in full; or, Loan reaches 98% of its maximum claim amount and is assigned to the Insurer; or, such Loan is sold by RMF and the servicing is transferred; or, such Loan is discharged and becomes a foreclosed Loan; or. Celink agrees to indemnify RMF and the Custodian for any and all liabilities, obligations, losses, damages, payments, costs or expenses of any kind whatsoever which may be imposed on, incurred by or asserted against RMF or the Custodian as the result of any act or omission by Celink relating to the maintenance and custody of such documents or instruments; provided, however, that Celink will not be liable (i)for any portion of any such amount resulting from the negligence or misconduct of RMF or the Custodian and (ii)for any portion of any such amount resulting from Celinks compliance with any instructions or directions consistent with this Agreement issued to Celink by RMF or the Custodian. Any modifications to reports, or the creation of new reports, are subject to the Fee Schedule in ExhibitA, 2. REO Property means a mortgaged property acquired by the Servicer, on behalf of the owner, through foreclosure or deed in lieu of foreclosure. The president of an appraisal management company called the announcement "a win for the entire industry.". Reverse mortgages, also known as home-equity conversions, allow older, cash-strapped homeowners to tap into the equity in their homes while continuing to live in them. Debtor Relief Laws means any applicable state or federal liquidation, conservatorship, bankruptcy, insolvency, rearrangement, moratorium, reorganization or similar debt or relief laws from time to time in effect affecting the enforcement of creditors rights generally and general equitable principles (regardless of whether such enforcement is considered in a proceeding in equity or at law). All documents and instruments held in the custody of Celink (as agent for RMF) shall be held by Celink for the benefit of, and as agent for, RMF as the legal owner thereof. 0376 THE GLEN CONDOMINIUM - Building: GARAGE - Unit(s) 39 : 26: T: 5598883: 3/8/2019 11:44:00 AM : Notice of Pendency and Power of Attorney to Foreclose: T4497861/MTG: REVERSE MORTGAGE FUNDING LLC: (a) As an inducement for RMF to provide (or cause to be provided) to Celink and its affiliates certain information regarding its Business, Celink will (and Celink will cause its affiliates to) hold in confidence all information disclosed to them or derived by them relating to RMFs and its affiliates Business and the procedures and processes used therein, including, but not limited to, (i)the Loans (and the subservicing of the Loans), (ii)RMFs or its affiliates loan re-underwriting procedures used in its Business, (iii)RMFs and its affiliates securitization program used in its Business and (iv)documentation, customer lists, business plans, financial information, aggregate and individual loan subservicing information and pricing information related to the Business (the Information). %%+ -dEmbedAllFonts=true -dSubsetFonts=true -dCompressFonts=true -dNOPAUSE -dQUIET -dBATCH -f ? }bp1\j;%p j=\xyPH:SZ=Q $# HJ0}E` L0& 1!Xq=Zceny{7~kuXvGpc:O6v e$7qgrWCB'zh8/7AG Not all products and options are available in all states. Fairway Independent Mortgage has selected Celink as the subservicer of its recently originated reverse mortgage loans. 2023 Reverse Mortgage Funding LLC, 1455 Broad St., 2nd Floor, Bloomfield, NJ 07003, 1-888-494-0882. 151 0 obj Notwithstanding anything herein to the contrary, foreclosure proceedings and the initiation thereof shall be held in accordance with the Applicable Requirements. <>stream Box 391497, Solon, OH 44139 LD-MCF Phone:833-650-4844 | Fax: 947-622-1085. For licensing . Read the story at Bloomberg Law (subscription required). *. Specific Duties; Collateral Protection. In each case, such access (1)shall be afforded upon reasonable request and during normal business hours, and (ii)shall not interfere with the normal business operations of Celink. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT . xWr6}W% b_Q,]!C3M &xvLqz8 U^jP2z4`81X4\1h8xTLW``[qTbk/W[5ABYp/ zGO;[!E0Z7[cF("e%l` Celink | 6,418 followers on LinkedIn. In the sample statement, the borrower's total loan balance . While this current matter is effectively closed based on the published decision, the option for the plaintiff to refile a case against Live Well can proceed in the future, though only under specific circumstances. Ownership of Information and Other Documents. Section8.06. Representations, Warranties and Covenants of Celink. (d) Provide additional RMF reports noting Loan level tracking and reporting of all GNMA pools, maintaining the different loan balances of securitized vs. unsecuritized,etc. Section5.13 Management and Disposition of REO Property. The CRA has little impact on household credit. Ownership of Information and Other Documents, Section8.04. The Judge overseeing this case is KRISTEN BRAUCHLE HAWKINS. (c) At RMFs request, Celink agrees to subservice the Loans on a private-label basis. RMF agrees to and does hereby indemnify and hold harmless Celink and its directors, officers, employees and agents, and their successors and assigns against, and shall reimburse Celink for any and all liabilities, obligations, losses, damages, penalties, actions, judgments, suits, claims, costs, expenses and disbursements of any kind or nature whatsoever including reasonable fees and expenses of counsel of litigation which may be imposed on, incurred by or asserted against Celink in any way related to or arising out of this Agreement or any of the transactions contemplated herein to the extent that any of the same results or arises out of (i)any material breach of any representation or warranty made by RMF, (ii)any material breach by RMF of any covenant or obligation of RMF under this Agreement or any schedule, written statement, document or certificate furnished by RMF pursuant to this Agreement, or (iii)the gross negligence, willful misfeasance or bad faith of RMF in the performance of its duties under this Agreement. All forms or reports required by this Agreement will be prescribed by RMF from time to time and may be amended, supplemented or replaced, as RMF shall deem appropriate in the reasonable exercise of its discretion. Annual Statements and Certifications; Notice of Termination Events. You can also contact the RMF loan support team at 877-313-1090 CONTACT RMF LOAN SUPPORT Customer Support for Funded Loans If your loan has been funded, you can get access to your loan balance, transaction history, and more through our Borrower Portal. Celink states they offer reverse mortgages Products & Services This company states that they offer reverse mortgage. (b) If RMF receives any questions, complaints, legal notices or other communications relating to a Loan, RMF shall notify Celink within 5 Business Days of RMFs receipt of such question, complaint, legal notice or other communication. In performing its duties and obligations hereunder, Celink shall be an Independent Contractor with, and not an agent of, RMF. Section6.05. Our Insurance Loss Draft support center is ready to assist you at 800-266-6337 Monday through Friday between the hours of 8:00 am-6:00 pm EST. The complaint calls out the practices of Compu-Link Corporation, which does business as Celink, and Reverse Mortgage Funding, LLC (RMF), alleging that the companies have added fees, costs, charges, and penalties to HECM loans in ways that violate state and federal laws. Celink shall use its best efforts to realize upon defaulted Loans in such manner as will maximize the receipt of principal and interest by the RMF, taking into account, among other things, the timing of foreclosure proceedings. Limitations on Obligations, Section9.01. Celink will use reasonable efforts to secure such Mortgage Property. Expenses. Section1.02. Our Borrower Portal also offers retirement resources, customer benefits, and topical news. (b) If the restrictive covenant contained in this Agreement is found by a court or other trier of fact of competent jurisdiction to be unenforceable in whole or in part for any reason, including, without limitation, its scope, duration or area of its applicability, such court or other trier of fact may modify and enforce the restrictive covenant to the extent that it concludes is reasonable under the circumstances existing at that time. Contact Reverse Mortgage Servicing Department By Email BC@reversedepartment.com By Fax Toll Free (866) 616-2160 By Mail Address P.O. (e) Each Loan has been originated and serviced in compliance with all Applicable Requirements. Mortgaged Property means, with respect to a Loan, the property subject to the lien of the related Mortgage. Appeal from the United States District Court for the Eastern District of New York (Feuerstein, J.). Jumpstart your business with the most experienced reverse mortgage team in the industry at your side. Section9.02. Celink. In the event the reports pertaining to any Loan are, in the reasonable judgment of RMF, defective in accordance with the terms of this Agreement, Celink shall cooperate with RMF in curing such defects. RMF made Worker Adjustment and Retraining Notification filings in the three states it has offices: New Jersey, where its Bloomfield headquarters are located; New York; and California. Celink shall provide to representatives of RMF reasonable access (i)to the documentation regarding the Loans and to those employees of Celink who are responsible for the performance of Celinks duties hereunder and (ii)to the books of account, records, reports and other papers of Celink and to discuss its affairs, finances and accounts with its employees or agents for the purpose of reviewing or evaluating the financial condition of Celink. Equity Elite Now Available for 55+ HECM max5, max5, RMF max5. In acting as custodian of such documents and instruments, Celink agrees not to assert any legal or beneficial ownership interest in the Loans or such documents or instruments. Nothing herein contained shall be deemed or construed to create a partnership or joint venture between RMF and Celink. (c) Notwithstanding anything to the contrary herein, Celink shall remain liable for all liabilities and obligations incurred by it as Subservicer hereunder prior to the time that termination under Section6.01 or Section6.02 becomes effective, including the obligation to indemnify RMF pursuant to Section9.01 hereof in connection with the servicing of the Loans under this Agreement prior to such termination. Governing Law. Reverse Mortgage Funding, LLC and Compu-Link Corporation, dba Celink Dated as of October 19, 2012 TABLE OF CONTENTS ARTICLE V SUBSERVICING DUTIES OF CELINK Section 5.01. startxref The Federal Home Loan Bank of San Francisco confirmed Thursday night that Silvergate Bank has "fully repaid" the $4.3 billion it was lent in advances late last year. WVMF and Celink still have not refunded or credited Case 1:20-cv-09281 Document 1 Filed 11/05/20 Page 6 of 44 25. In separate orders based on findings and recommendations by Magistrate Judge Anne Y. Shields, the allegations made in the lawsuit against both RMF and Celink have been dismissed. To maximize profits, Champion assigns the complex task of administering the 2023 Reverse Mortgage Funding LLC, 1455 Broad St., 2nd Floor, Bloomfield, NJ 07003, 1-888-494-0882.Company NMLS ID # 1019941. (b) If a Loan has become a Loss Mitigation Account, RMF will reimburse Celink for all third party expenses that are requested by RMF (such as legal fees, owner and encumbrance reports, broker price opinions,etc.) 2019 Reverse Mortgage Funding LLC, 1455 Broad Street, 2nd Floor . For California consumers: For information about our privacy practices, please visit https://www.reversefunding.com/privacy. Eligible Account means a segregated trust account that is maintained with a depository institution acceptable to RMF. (e) Provide RMF with the four (4)additional GNMA-required monthly reports that must be reconciled prior to delivery: (1)remaining principal balance to be submitted to GNMA by RMF; (2)pool/security accounting record to be submitted to GNMA by Celink; (3)participation accounting records to be submitted to GNMA by Celink; and (4)HECM loan data accounting records to be submitted to GNMA by Celink. Terms subject to change without notice. Proudly Serving Washington from the Western and Puget Sound Area: . Limitation of Liability of Parties, Section10.06. . %!@H>uT^%@F>$kP@BR9,bBUImn1RR!!}\. It's called a "reverse mortgage" because, unlike a traditional loan where the borrower makes payments to the lender, the lender makes payments to the borrower. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT 1-877-276-5550. In addition, RMF may set off and deduct any amounts owed by Celink from any amounts payable to Celink. Unless the context requires otherwise, words of the masculine gender shall be construed to include correlative words of the feminine and neuter genders and vice versa, and words of the singular number shall be construed to include correlative words of the plural number and vice versa. The borrower remains the owner of the home and retains title. RMF services HECM loans and subcontracts the servicing to Celink, the complaint alleges, with the additional charges at issue in this case actually imposed by Celink. RMF suspended all origination activity earlier this month; more recently, the company conducted layoffs. Reverse mortgage volume and securities issuance dropped again in February, but refis also fell as lenders struggled to find new borrowers. Business Details Location of This Business 3900 Capitol City Blvd,. Section8.04. Section5.15 Additional servicing, reporting and remitting responsibilities for the Ginnie Mae HECM MBS Program. In addition, in the event any Party to this Agreement is entitled to indemnification hereunder, the officers, directors, employees, and agents of such Party shall also be entitled to indemnification hereunder to the same extent and under the same circumstances as such Party. Shortly afterward, three of the companys former creditors sought to use the court system to force the remains of the company into involuntary bankruptcy, using apparent investigations being made by regulators and federal law enforcement as reasoning for seeking the court-supervised liquidation under Chapter 7 of the bankruptcy code. Reverse Mortgage Funding LLC is one of the nation's top reverse mortgage lenders. (b) Notwithstanding the foregoing, Celink and its affiliates shall not be obligated to hold in confidence Information which (i)has been released by RMF or its affiliates to the general public, (ii)is compelled to be disclosed by a court of competent jurisdiction or (iii)was lawfully acquired directly or indirectly by Celink (or its affiliates) from a Person (other than RMF or its affiliates) without violation of any restriction on disclosure or use of the Information; provided, however, that in any adversarial proceeding with RMF regarding this ArticleVIII, Celink shall have the burden of proving that its disclosure or other use of the Information, if any, was made in accordance with this Agreement. %PDF-1.4 On the other hand, Finance of America shuttered its forward-lending business to concentrate on reverse mortgages. Madison, Wisconsin-based Fairway had the seventh most Home Equity . SUPERIOR COURT OF THE DISTRICT OF COLUMBIA PROBATE DIVISION 2023 ADM 000160 Estate of Damian Miguel Pedro Taylor Colosal Deceased Notice of Standard Probate (For estates of decedents dying on or after July 1, 1995) Notice is hereby given that a petition has been filed in this Court by Compu-Link Corporation d/b/a Celink as Attorney in Fact for Reverse Mortgage Funding, LLC c/o Desiree Scavo . Any related Advances required of Celink shall be reimbursed according to Section5.09. Celink settled a federal lawsuit regarding allegations that it violated the False Claims Act in relation to its servicing of reverse mortgage loans. A mortgage insurance claim is paid by the Insurer. Scheduled Payment means the regular monthly payment due to the Mortgagor on the first business day of each month. Involuntary Termination. If Celink is responsible for any delays in the assignment process thereby causing a shortage in HUDs reimbursement, Celink shall reimburse RMF for any shortages. (g) This Agreement has been duly executed and delivered by RMF and constitutes the legal, valid and binding agreement of RMF, enforceable in accordance with its terms, except as enforceability may be limited by Debtor Relief Laws. If either Party materially defaults in the performance of any of its duties or obligations under this Agreement, which default is not substantially cured within sixty (60) days after written notice is given to the defaulting Party specifying such default, the Party not in default may, by giving written notice thereof to the defaulting Party, terminate this Agreement as of the date of receipt by the defaulting Party of such notice, or as of a future date specified in such notice of termination. All RMF, or any other Investor or Insurer requested foreclosure actions, must be in writing to Celink. (h) Celink maintains all errors and omissions coverage and fidelity insurance coverage required by prudent business practices; (i) Celink has, and at all times shall maintain a minimum net worth, calculated in accordance with generally accepted accounting principles, required by Fannie Mae, FHA, and Ginnie Mae to be an approved servicer of reverse mortgages. If Live Well is able to emerge from its ongoing bankruptcy, the plaintiff may be able to continue pursuing relief against the company if a plausible claim against it can be made, according to court documents. A class action lawsuit filed in the Eastern District Court of New York in October of 2018 against reverse mortgage companies Live Well Financial, Reverse Mortgage Funding (RMF) and Compu-Link Corporation (Celink) has been dismissed indefinitely, though the plaintiff has the option to refile against one of the companies after its own legal woes have been settled. A New York Subclass has been defined as all members of the above class whose homes securing the HECM or reverse mortgage loan were located in New York. Reverse Mortgage Funding and its parent company Reverse Mortgage Investment Trust have filed for Chapter 11 protection in the U.S. Bankruptcy Court for Delaware. Applicable Requirements means the servicing procedures as described in (1)the Fannie Mae Selling and Servicing Guide or the Fannie Mae Reverse Mortgage Selling and Servicing Guide; (ii)HUDs servicing guides for conventional and reverse mortgages; (iii)the servicing guides of any other Investors or Insurers; (iv)servicing duties as prescribed by this Agreement; and (iv)applicable state and federal laws, rulesand regulations. The company had a large presence both as a wholesale lender, in working with brokers across the country, and also as a retail lender, which . What many borrowers don't know is that huge interest rates are applied to the mortgage account monthly. Celink shall manage, conserve, protect and operate each REO Property for the RMF solely for the purpose of its prompt disposition and sale. In November, Reverse Mortgage Funding, the country's fifth most active HECM lender so far in 2022, laid off over 400 staff members and suspended new originations before filing for bankruptcy. (i). The company is currently in the process of selling its mortgage-servicing portfolio to Longbridge Financial, according to Reverse Mortgage Daily. Custodian means the Person designated from time to time by RMF to maintain possession of certain File documents as agent of RMF. In addition, RMF may, at any time, in its sole discretion, assign all of its right, title and interest in and to this Agreement. (b) Subject to the terms and conditions set forth herein, Celink shall at all times act in good faith in a commercially reasonable manner and service and administer the Loans in accordance with the Applicable Requirements, this Agreement and the terms of the respective Loans, on behalf of RMF and, to the extent consistent with the foregoing, in the same manner in which it subservices and administers similar loans, or other loans of any nature whatsoever, as applicable, for its own portfolio in accordance with customary and usual standards of practice of prudent lending institutions.