Loan Servicing Agreement
First Mortgage Company, LLC (“FMC”) Consent to Receive Electronic Communications, Including Consumer Disclosures
Please read this consent (“Consent”) completely and acknowledge if you agree to terms of this Consent.
This Consent covers electronic records, including consumer disclosures, as specified below, provided by FMC. The words “we,” “us,” “our” and other similar terms refer to FMC, and the words “you,” “your” and other similar terms mean you, the individual(s) identified on the account(s). For this electronic service enrollment process, agreement to the terms of this Consent by any one authorized user will be effective for all authorized users on the account(s) and with respect to any and all services offered by and through our Online Loan Servicing Customer Self Service Portal (“CSS”), https://myloans.firstmortgageco.com. Subject to your right to withdraw, this Consent allows you to receive the Communications (as defined herein) in electronic form. If you choose not to agree by clicking the “Decline to Agree” button below, you will not be eligible to enroll in CSS.
You represent that you are the legal owner of the account(s) and other financial information that may be accessed via CSS. You represent and agree that all information you provide to us in connection with the CSS is accurate, current and complete, and that you have the right to provide such information to us for the purpose of using CSS. You agree not to misrepresent your identity or your account information. You agree and are fully responsible for keeping your account information up-to-date and accurate. You represent that you are an authorized user of the computer, device, network, and software you will use to access CSS. You agree and understand that upon such time as your loan(s) is no longer being serviced by FMC, access to CSS will be terminated and consent to use CSS is explicitly withdrawn.
Notwithstanding anything to the contrary in this Consent, the terms and conditions of your loan agreement and disclosures will remain in force; however, the following regulations are incorporated herein by reference: TILA, RESPA, E-Sign Act and Regulation E Disclosure for all Electronic Funds Transfers (collectively, the “Regulations”). In the event a court of competent jurisdiction or a governmental agency deems any provision of this Consent to be in violation of any of the Regulations or other applicable law or regulation, such provision shall be of no force or effect, and this Consent shall continue as though such superseded provision were not contained in this Consent.
By clicking the “I Accept” button, you understand and agree to be bound by the terms and conditions of this Consent, and authorize FMC to provide to you in electronic format, by electronic e-mail, by website posting through logged in website interaction or other interaction for example through a software application communications (collectively, the “Communications”) regarding your loan(s) that are serviced by FMC.
Requesting Paper Copies
You may obtain paper copies of this Consent and/or other documents FMC provides to you electronically by sending your written request to: First Mortgage Company LLC, ATTN: Servicing Department, 6800 Broadway Extension, Oklahoma City OK, 73116 or by calling the FMC Servicing Department at 1-800-924-0788.
At this time unless permitted under the law we do not charge a fee for this copy. We reserve the right to charge a fee at a future date and or if so permitted under the law. FMC will mail paper based copies of any documents you have requested to the address of record for mailings as indicated by the Servicing system mailing address of record for your loan within 5 business days, excluding holidays and weekends, after the date FMC receives your request.
Withdrawal of Consent
If you wish to withdraw your agreement to the terms of this Consent, you may do so at any time. Withdrawal will terminate your access to and use of CSS described in this Consent and will result in the termination of the delivery of future Communications to you in electronic form.
To withdraw, contact FMC by phone at 1-800-924-0788 or write to us at First Mortgage Company LLC, ATTN: Servicing Department, 6800 Broadway Extension, Oklahoma City, OK 73116. Your withdrawal will not affect the previously delivered Communications. FMC does not currently impose any fee or other charge if you choose not to agree to the terms of this Consent or if you withdraw your agreement to the terms of this Consent. However, we reserve the right to impose a fee in the future and to change such fee at any time.
Hardware or Software Requirements and Retaining Copies
In order for you to access and retain the Communications, you may use a computer or mobile device with a working connection to the Internet with a supported Internet browser that supports at a minimum 128 bit encryption and an email address and the ability to print. Your computer or mobile device used to access the Communications must have a working hard drive or storage device with sufficient memory to retain the Communications (for electronic copies) or permit you to print the Communications (for printed copies). Adobe Acrobat® Reader® software is the recommended software to read the Communications.
You must have a computer or handheld device using a Current Version of an operating system capable of supporting all of the requirements described above. By "Current Version", we mean a version of the software currently supported by its publisher. In some cases, you may also need a specific brand or type of device that can support a particular software application, including an application intended for particular mobile or handheld devices. We will tell you in advance when this is the case.
If FMC changes the minimum hardware or software requirements needed to access or retain the Communications, and such change creates a material risk that you will not be able to access or retain a subsequent record, then before the change takes effect, FMC will let you know about the change and inform you of the new requirements. FMC will notify you by e-mail, and at that time you will be allowed to choose whether you still want to receive the Communications by electronic means. If not, you will be allowed to withdraw at that time.
How CSS Works
The Communications will be provided to you after you agree to the terms of this Consent, by clicking “I Accept.” Also, you may periodically receive an e-mail notification that an electronic record or notice is available for review and or you may be directed to information published on the CSS website, https://myloans.firstmortgageco.com. To view certain Communications that contain non-public information, you will have to access CSS. After a secure connection has been established, you will be required to enter in the correct account credentials in order to access your account(s) on CSS. Once you account credentials are verified, you will be granted access to CSS. At such time you can click to view and or print the Communications presented, for example “View Loan Details.” We reserve the right, from time to time, to deliver one or more Communications in paper form in lieu of electronic form by mailing a Communication to the last known mailing address on record for you. In the event that we do so, we are in no way terminating this Consent and we may continue to provide Communications to you in electronic form. Additionally, all Communications from us that you have received prior to this Consent remain in effect.
Protecting Your Account
You agree to notify us at once if you believe an unauthorized person may have obtained your CSS password or may have accessed your accounts linked through the CSS. We report your transactions on the statements for your accounts linked to CSS. You agree to carefully review your transactions either online or via your account statement, and to notify us if you suspect any other fraudulent activity on your account. To notify us, please call 1-800-924-0788 or use the contact information provided at the "Contact" link on the FMC website, www.firstmortgageco.com.
You will use a username and a password to access CSS. We may set standards for your username and password. We may also, at any time, require additional security procedures to access CSS or initiate certain transactions. These additional security procedures may require special hardware, software or third-party services, or require you to provide us with additional information. You agree to abide by and use any security procedures we require to access CSS and conduct transactions using CSS.
You agree to use the CSS carefully, to keep your User ID and password confidential and secure and not share them with others, and to change your password regularly. It is recommended that you memorize this password and do not write it down. You agree to access the CSS only from computers, devices, networks, and with software which you have reasonable assurance are secure and free from malicious software which could compromise your User ID, password, and other confidential information available through CSS. For your protection, you should sign off after every online session and close your browser to ensure confidentiality. When you give someone your User ID and password, you are authorizing that person to use CSS, and you are responsible for all transactions performed by that person, even those that you did not intend. You are also responsible for transactions that you, or someone acting with or for you, initiate with fraudulent intent.
If you download or print any confidential materials, such as your transaction history, be sure that you store them in a secure environment, just as you would paper based financial records.
You agree not to use CSS or the content or information delivered through CSS in any way that would: (a) have the affect or appearance of conducting, or attempting to conduct, penetration tests, vulnerability scans, or other assessments of the configuration, security posture, or performance characteristics of CSS, our networks or computers; (b) be fraudulent, including without limitation the use of CSS to impersonate another person or entity; (c) violate any law, statute, ordinance or regulation, including, including without limitation those governing export control, consumer protection, unfair competition, anti-discrimination; (d) be false, misleading or inaccurate; (e) create liability for us or our service providers, or cause us to lose, in whole or in part, the services of any of our service providers; (f) be defamatory, trade libelous, unlawfully threatening or unlawfully harassing; (g) potentially be perceived as illegal, offensive or objectionable; (h) interfere with or disrupt computer networks connected to CSS; (i) interfere with or disrupt the use of CSS by any other user; (j) gain or attempt to gain unauthorized entry or access to CSS or the computer systems of others; or (k) infringe any third-party copyright, patent, trademark, trade secret, or other proprietary rights or rights of publicity or privacy.
In order to ensure that the FMC is able to provide you with Communications, important notices and other information from time to time, you must provide FMC with a current working e-mail account for you that is regularly accessed by you. It is your responsibility to ensure that your e-mail settings are such that e-mail from firstmortgageco.com are allowed to be delivered in a timely manner and not blocked, delayed, altered, or hindered in any manner whatsoever. You can update your e-mail address of record in CSS under the “Monthly Statements” tab; or by calling us at the telephone number indicated above. If you fail to update or change an incorrect e-mail address or other contact information, you understand and agree that any Communications shall nevertheless be deemed to have been provided to you in a timely manner as if they were made available to you in electronic form on our website, e-mailed to the e-mail address we have for you in our records.
Liability and Limitations
We reserve the right, at our sole discretion, to limit access to, revoke or to discontinue providing Communications to you in electronic form. We also reserve the right to change the terms and conditions of this Consent. If required by law, we will provide you with notice of any such limitation, revocation or termination or change, and you may request a new Consent.
The availability, timeliness and proper functioning of CSS depends on many factors, including, without limitation, your computer equipment, devices and network, your telephone company, mobile telephone service provider, or Internet service provider, and the Internet. Neither we nor any of our service providers warrants that CSS will meet your requirements, operate without interruption or be error-free, and neither we nor our service providers shall be liable for any loss or damage caused by any unavailability or improper functioning of CSS, or for any actions taken in reliance thereon, for any reason, including, without limitation, service interruptions, inaccuracies, delays, loss of data, or loss of personalized settings.
Neither we nor our service providers are liable for failures to perform our obligations under this Consent resulting from fire, earthquake, flood or any failure or delay of any transportation, power, computer or communications system or any other or similar cause beyond our control.
CSS IS PROVIDED "AS IS" WITHOUT WARRANTY OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING, WITHOUT LIMITATION, WARRANTIES OF PERFORMANCE OR MERCHANTABILITY OR FITNESS FOR A PARTICULAR PURPOSE OR NON-INFRINGEMENT OR ANY OTHER WARRANTY AS TO PERFORMANCE, ACCURACY OR COMPLETENESS
TO ACCEPT OR DECLINE Click on the “I Accept” link to agree to the electronic delivery of the Communications, or select the “Decline to Agree” link to exit from these setup procedures and decline electronic delivery.