Although not a legally required document, we provide on a generic basis an “Errors and Omissions/Compliance Agreement”(our Cx4), in which the borrower generally agrees to correct, within 30 days of a written request, any clerical errors which they may have made on closing documents, and to assume all costs incurred by the lender due to such errors if requests for correction are not complied with.
Similarly, while not required by any specific laws, many lenders have borrowers sign an “Occupancy Statement” (our Cx15), in which the borrowers certify, under penalties of perjury, their intended use of the subject property, whether as a principal dwelling, a second home, or an investment property. This is done to add more legal leverage for situations where a borrower misrepresents the intended purpose of a loan, which is then underwritten based on such false premises.
These documents are typically sworn to or acknowledged in the presence of a notary public, in the form of a jurat or notarial acknowledgement. In order to provide better support for signers of these documents who are represented by individuals with power of attorney, we are modifying Cx4 and Cx15 to include all of the following power of attorney fields:
- Borrower [1-4] Power of Attorney Enabled (FI 178, 198, 218, 238)
- Borrower [1-4] Power of Attorney Name (FI 182, 202, 222, 242)
- Borrower [1-4] Power of Attorney Verbiage (FI 183, 203, 223, 243)
These fields, once set, will allow a borrower being represented by an individual with power of attorney to appear in the jurat/notarial acknowledgement with a format like: “John Q. Borrower, by Jane T. Power as attorney in fact.”
These changes will take effect on April 9, 2021, and are available now for testing on Stage servers. Questions or concerns about these changes should be directed to Client Support at 1.800.497.3584.