4. Legal Right to Cancel: You as a Client have a legal right to cancel this transaction, without cost, within three business days from , which is the date you agreed to the enrollment. After this date, all enrollment and paperwork fees are non-refundable. |
5. Bi-Weekly Mortgage Program: Client has appointed Equity Plus a service of Lipsky & Associates, Inc., to administer this program and authorizes them to make all necessary transactions to facilitate this program. |
6. Term: Equity Plus agrees that upon Client’s enrollment and the payment of all fees required, Equity Plus shall commence and continue the direct transfer of payment on the agreed drafting schedule from Client’s account, according to paragraph 3 of this agreement thereafter, for such a period of time as is required to retire Client’s loan. Client may transfer the Equity Plus Program to a new loan at no cost. |
7. Fund Transfers & Payment Guarantee: Funds are transferred via the Federal Reserve Systems Automated Clearing House (ACH) into an interest-bearing Trust Account on behalf of Equity Plus’ Client. The account into which funds are transferred is protected by insurance from the Federal Deposit Insurance Corporation (FDIC). If funds are withdrawn from the Client’s account in error, Client is entitled to immediate reimbursement under U.S. Federal Reserve Regulation “E”. Federal Banking laws and Federal Reserve regulations govern all transactions and ensure protection of client funds. Client’s funds are remitted to Client’s lender once per month in either check form or ACH deposit. Payments may be made within your grace period. Interest is not credited to Client on Client’s money in the account while waiting to be transferred to Client’s lender. Equity Plus guarantees to make Client’s mortgage payment on a timely basis with funds collected from Client. Client acknowledges responsibility for maintaining adequate funds in the authorized account for the amount to be debited. In the event a Client’s first draft is returned, for any reason, Equity Plus will debit BOTH drafts on the second draft date… |
8. Payment History Review: Equity Plus agrees, upon the Client’s request, to review the Client’s mortgage once a year for the purpose of detecting lender miscalculations. Client agrees to provide all information necessary to Equity Plus to perform such audit as requested. Client accepts sole responsibility for the accuracy of information provided to perform such a review. |
9. Termination and Reinstatement: Equity Plus may terminate this agreement immediately, without a refund of fees paid, in the event debit transfer from Client’s Bank Account cannot be made due to (a) insufficient funds; (b) closing of Account or (c) any other reason within Client’s control which impairs or prevents the automatic transfer of funds as contemplated by this agreement. Client may request reinstatement by submitting a written request for reinstatement. Reinstatement shall be at the sole discretion of Equity Plus. Client may terminate this agreement at any time with proper notice to Equity Plus Customer Service at (800) 361-1205 as set forth in paragraph 6. If this agreement is terminated by either the Client or Equity Plus for any reason, all enrollment, transfer or other fees paid by Client will be considered non-refundable and fully earned by Equity Plus. |
10. Guarantee: Equity Plus guarantees that its mortgage acceleration programs shall not violate any provision of Client’s underlying loan agreement. In the event that the Client’s use of the Equity Plus Program is found by the lender to be in violation of any of the agreements between the Client and the lender within the first year of this agreement, Equity Plus will be responsible to refund all fees paid by the Client within ten (10) days of written demand, after verification of the alleged violation. Equity Plus will refund only the portion of the enrollment fee it received. The Client will not hold Equity Plus responsible for the refund portion due from the representative. |
11. Enrollment Fee: Only affiliated, authorized representatives of Equity Plus are permitted to enroll clients into its mortgage acceleration programs and collect enrollment fees. Enrollment fee payments, if made by cashier’s check or money order, are to be made payable to Equity Plus. The Client will be provided an authorization code for credit card payments at the time they enroll. Credit card authorization code or the receipt of mailed enrollment fee payments assures the Client’s enrollment into the Equity Plus Program. Dishonored payments will suspend the Client’s enrollment status until the enrollment payment is rectified. |
12. Deferred Payment: The Client acknowledges that any selected deferred payment option from their first draft or their additional principal is required to be paid in full before the Client cancels or suspends account activity with Equity Plus. The Client authorizes Equity Plus to initiate an electronic fund transfer(s) and/or deduct from any unapplied funds remaining in the client’s BMP account, any unpaid deferred payment balance along with any other fees due on their account. |
13. Accuracy of Computer Proposal: The Client acknowledges that all calculations made by the Equity Plus software are based on information supplied by the Client, and the Client accepts sole responsibility for the accuracy of information provided to the authorized, affiliate Representative. The Client acknowledges that any changes in the interest rate, escrow payments, etc., of the mortgage loan or the Equity Plus Program will have a significant bearing on the numbers illustrated in the computer proposal. |
14. Litigation: This agreement is governed by the laws of the State of Texas. If any term of this agreement is found to be invalid or unenforceable, then the balance of the agreement shall be enforced without the invalid or unenforceable term. In the event of a dispute over this agreement, the Client and Equity Plus agree to prosecute any such litigation within Parker County, Texas, where performance under this agreement is to take place. In the event of such litigation, the prevailing party shall be entitled to costs and reasonable attorney’s fees. |