Agreement Between User and National Family Mortgage ®
These Terms and Conditions (the “Agreement” or “Terms and Conditions”) are an agreement between you and National Family Mortgage, LLC (“NFM”) concerning the terms under which NFM offers you the information, software, products, and services contained in or available through NationalFamilyMortgage.com (collectively the “Service” or “NationalFamilyMortgage.com”.) NationalFamilyMortgage.com is made up of various web pages operated by NFM. Its services are offered to you conditioned on your acceptance of the terms, conditions, and notices contained in this document.
National Family Mortgage, LLC
Attn: Customer Care Center
34 Walden Street #706
Concord, MA 01742
YOU AGREE THAT BY USING THE SITE, ANY APPLICATIONS, AND THE SERVICES YOU ARE AT LEAST 18 YEARS OF AGE AND YOU ARE LEGALLY ABLE TO ENTER INTO A CONTRACT.
“Using” NationalFamilyMortgage.com, means doing actions like clicking on links, entering information, creating documents, uploading content, enrolling in an account, or browsing. Your Using NationalFamilyMortgage.com constitutes your agreement to all the terms, conditions, and notices contained in this document.
If you do not agree with these Terms and Conditions, or if you are not age 18 or older, do not use NationalFamilyMortgage.com.
“Application” means software program. NFM’s Web Site operates using document assembly software, based on branching technologies. NFM documents are generated based solely on the consumer’s input and decisions in answering an online questionnaire by auto-populating pre-existing fill-in-the-blank forms.
“Borrower” means the person or persons, real or legal, obligated under executed Loan Documents to make or permit to be made payments for the benefit of the Lender. Under this Agreement, the word “Borrower” is deemed synonymous to and may be used interchangeably with the terms “Payor” and “Debtor” herein and on the NFM Web Site. The term “Borrower” further includes Borrower’s assigns, transferees, heirs, descendants and all other successors in interest and those assuming Borrower’s obligations, debts, and legal duties, including those under the Loan Documents.
“Client” or “Customer” means any party who is actively using NFM’s Services as a Lender or Borrower as part of a Loan.
“Communications” means any notices, emails, letters or any electronic or written contact with Borrower or Lender regarding Borrower’s and Lender’s account and/or their respective use of the Services of NFM as discussed herein.
“Consumer” or “Visitor” or “User” means anyone visiting our Web Site because they’re considering our Products or Services.
“Effective Date” is the date when any Borrower or Lender to a specific Loan begins to actively use NFM’s Services.
“Immediate Family Member” means a spouse, child, sibling, parent, grandparent or grandchild. This term includes stepparents, stepchildren, stepsiblings and adoptive relationships.
“Lender” means the person or persons, real or legal, to whom the Borrower is indebted or obligated, as evidenced by any executed Loan Documents. Under this Agreement, the word “Lender” is deemed synonymous to and may be used interchangeably with the terms “Payee” and “Creditor” herein and on the NFM Web Site. The term “Lender” further includes Lender’s assigns, transferees, heirs, descendants and all other successors in interest, including those to whom Lender has negotiated any or all interests in the Loan Documents, whether or not for value.
“Loan” means the underlying transaction between Borrower and Lender for which the parties are seeking to use NFM’s Services.
“Loan Documents” mean any documents, including but not limited to Promissory Notes and Mortgages or Deeds of Trust or Security Deeds, in electronic or paper format, created by Borrower and Lender as part of their utilizing NFM’s Services.
“NFM” means National Family Mortgage, LLC, a duly formed and authorized Massachusetts limited liability company having its principal offices at 91 Main Street, Suite 308, Concord, Massachusetts, 01742, and any subsidiary or successor companies, affiliates, officers, employees, agents and the name under which National Family Mortgage, LLC, conducts business, including on its Web Site accessible on the Internet at http://www.NationalFamilyMortgage.com. All correspondence should be address to 34 Walden Street #706, Concord, Massachusetts 01742.
“Representative” means any person or other entity authorized by Lender or Borrower or by a court or administrative body of competent jurisdiction to represent the interests of a party or parties in the positions of Borrower or Lender, whether such authorization is granted at or after creation of the Loan Documents. The term “Representative,” as used herein, shall supplement, substitute or be deemed synonymous for the terms “Borrower” and/or “Lender” as may be applicable, such as where an existent Representative stands in the place of the respective party or parties. See Third-Party Representative Policy.
“Services” means NFM’s online portal to give visitors a general understanding of the law and to provide an automated self-help “fill in the blank” software solution to individuals who choose to prepare their own legal Loan Documents and Mortgage or Deed of Trust or Security Deed, Mortgage or Deed of Trust or Security Deed recording, document storage, account management, and any related Products and Services offered by NFM, whether or not they are specifically described in this Agreement.
“Signature”, “Sign” and “Signing” are all intended to mean both traditional execution of paper documents as well as electronic signature of documents as defined under the Electronic Signatures in Global and National Commerce Act (“E-SIGN”), 15 USC §7001, et seq., See E-SIGN and Uniform Electronic Transactions Act (“UETA”) Disclosure and Consent Agreement.
“Third-Party” means any partners and affiliates who perform services for NFM or whose Web Sites are linked with our Web Site.
National Family Mortgage, LLC’s Services
NationalFamilyMortgage.com provides an online legal portal to give visitors a general understanding of the law and to provide an automated software solution to individuals who choose to prepare their own legal documents. Customer need not download or even license NFM software. NFM hosts its software as a back-end service for customers when they create their own documents. NFM’s Web Site operates using document assembly software, based on branching technologies. NFM documents are generated based solely on the consumer’s input and decisions in answering an online questionnaire by auto-populating pre-existing fill-in-the-blank forms. The Site includes general information on common legal issues experienced in intra-family loan transactions secured by residential real estate. The NFM Services also include a review of your Application for completeness, spelling, and for internal consistency of names, addresses and the like. For certain products involving multiple lenders NFM provides individual reports for each lender showing disbursement information and information that may be useful for tax purposes. At no time is NFM providing tax advice. The tax report NFM provides is for the sole purpose of assisting lenders to keep track of interest that has accrued on monies they have lent to borrowers. It can be useful in preparing state or federal taxes but it in no way constitutes tax or legal advice. Also, by agreeing to these terms and conditions, you consent to co-lenders having access to all the information with respect to the shared loan including any and all reports. At no time do we review your answers for legal sufficiency, draw legal conclusions, provide legal advice, opinions or recommendations about your legal rights, remedies, defenses, options, selection of forms, or strategies, or apply the law to the facts of your particular situation. NFM is not a law firm and may not perform services performed by an attorney. NFM and its Services are not substitutes for the advice of an attorney.
NFM provides a platform for legal information and self-help. NationalFamilyMortgage.com offers general information about the law; but it does not provide any legal advice. NFM is not a law firm: The employees of NFM are not representing you or acting as your attorney. Your Use of NationalFamilyMortgage.com does not create an attorney-client relationship between you and NFM or any of its employees. In any legal matter you undertake through NationalFamilyMortgage.com’s legal document service, you are representing yourself. NFM charges a fee to utilize document assembly software; documents are generated based solely on the consumer’s input and decisions in answering an online questionnaire by auto-populating pre-existing fill-in-the-blank forms. For the Caregiver Mortgage product NFM is providing you with a complimentary accounting feature whereby you will be able to view disbursements, interest and loan balances at any given time and in a number of different reports. The Caregiver Mortgage calculates the accrual of interest the following way: Principal (x) Annual Interest = Y | Y / Number of Days in Year = Z | Z (x) Number of Days in Month = Monthly Interest. The Caregiver Mortgage applies “bankers rounding” as follows: .244999 = .24 | .245999 = .25. This and any other Services NFM may render are strictly a complimentary added value completed upon your instruction and on your behalf. All loan disbursements must be entered into online management system during the month in which the disbursement occurred. IT IS THE LENDER’S RESPONSIBILITY TO ENTER ALL DISBURSEMENTS ON TIME. Disbursements made in previous months that are not entered on time can only be entered through National Family Mortgage technical support. National Family Mortgage shall be entitled to a $50.00 administration fee, PER DISBURSEMENT, for manual entry of each missed disbursement and calculation of accrued interest. NationalFamilyMortgage.com should not be Used as a substitute for the advice of an attorney, financial planner, or tax professional. If any type of relationship is inadvertently formed between you and an NFM employee, that relationship excludes NationalFamilyMortgage.com as a participant. No legal representation relationship exists in any way between an NFM User and NFM.
NFM strives to keep its legal documents accurate, current and up-to-date. Documents available through NFM are based on standard forms published by Fannie Mae. However, because the law changes rapidly, NFM cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind NFM provides can fit every circumstance. Furthermore, the legal information contained on the Site and Applications is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney in your area.
This Site and Applications are not intended to create any attorney-client relationship, and your use of NationalFamilyMortgage.com does not and will not create an attorney-client relationship between you and NFM. Instead, you are and will be representing yourself in any legal matter you undertake through NFM’s legal document service.
NFM is not responsible for any loss, injury, claim, liability, or damage related to your use either of NationalFamilyMortgage.com or of any site linked to NationalFamilyMortgage.com. Although this is the case for all uses of these sites, we specifically mention here two of the most likely causes: (1) incidents caused by the site being down; and (2) incidents caused by errors or omissions in the content of our site or any other linked sites. In short, your Use of NationalFamilyMortgage.com is at your own risk.
A. Ownership. This Site and Applications are owned and operated by National Family Mortgage, LLC. All right, title and interest in and to the materials provided on this Site and Applications, including but not limited to information, documents, logos, graphics, sounds and images (the “Materials”) are owned either by NFM or by our respective third party authors, developers or vendors (“Third Party Providers”). Except as otherwise expressly provided by NFM, none of the Materials may be copied, reproduced, republished, downloaded, uploaded, posted, displayed, transmitted or distributed in any way and nothing on this Site or on any Applications shall be construed to confer any license under any of NFM’s intellectual property rights, whether by estoppel, implication or otherwise. See the “Legal Contact Information” below if you have any questions about obtaining such licenses. NFM does not sell, license, lease or otherwise provide any of the Materials other than those specifically identified as being provided by NFM. Any rights not expressly granted herein are reserved by NFM.
B. Access to World Wide Web; Internet Delays. To use NationalFamilyMortgage.com, you must obtain access to the World Wide Web, either directly or through devices that access web-based content, and pay any service fees associated with such access. You are responsible for providing all equipment necessary to make such connection to the World Wide Web, including a computer and Internet access. Access to certain NFM services may be limited or delayed based on problems inherent in the use of Internet and electronic communications. You understand that NFM is not responsible for delays, delivery failures, or other damage resulting from such problems.
C. Loan Documentation. After submitting the online Application and after payment of the appropriate fee, NFM’s automated software solution will generate loan documents for the Borrowers’ and Lenders’ needs, based on the terms of the loan the parties have agreed upon. These documents include promissory notes and documents to secure the debt. The terms of the loan are selected by the parties, but within our standards; NFM does not otherwise participate in setting the terms of the loans between our peer to peer users. NATIONAL FAMILY MORTGAGE IS NOT A LAW FIRM AND DOES NOT GIVE LEGAL ADVICE TO ANY USERS OF ITS WEB SITE OR SERVICES.
License to Use. NFM grants you a limited, personal, non-exclusive, non-transferable license to use our forms (the “Forms”) for your own personal, internal business use, or if you are an attorney or professional, for your client. Except as otherwise provided, you acknowledge and agree that you have no right to modify, edit, copy, reproduce, create derivative works of, reverse engineer, alter, enhance or in any way exploit any of the Forms in any manner, except for modifications in filling out the Forms for your authorized use. You shall not remove any copyright notice from any Form.
No Unlawful or Prohibited Use. As a condition of your use of the NationalFamilyMortgage.com Site, you warrant to NFM that you will not use the Site in any of the following ways:
• for purposes that are unlawful;
• for purposes prohibited by these terms, conditions, and notices;
• in any manner which could damage, disable, overburden, or impair the NationalFamilyMortgage.com Site; or
• in any manner that could interfere with another party’s use and enjoyment of the Site.
You may not hack, “scrape” or “crawl” NationalFamilyMortgage.com whether directly or through intermediaries such as spiders, robots, crawlers, scrapers, framing, iframes or RSS feeds, or otherwise access or attempt to access any information that NFM has not intentionally made available to you on the Site. The legal forms, legal documents, letters, articles and all other content found on the NationalFamilyMortgage.com website (“NFM content”) are protected by all applicable intellectual property rights, including copyright.
Resale of Forms Prohibited. Your Use of the NationalFamilyMortgage.com Site does not entitle you to resell any NationalFamilyMortgage.com content. Unlawful or prohibited use of NationalFamilyMortgage.com will result in the termination of your access both to the NationalFamilyMortgage.com Site and to its services. By purchasing or downloading Forms, you agree that the Forms you purchase or download may only be used by you for your personal or business use or used by you in connection with your client and may not be sold or redistributed without the express written consent of NationalFamilyMortgage.com.
F. Third Party Services Certain services made available via NationalFamilyMortgage.com are delivered by Third Parties. By using any product, service, or functionality originating from the NationalFamilyMortgage.com domain, you are allowing NFM to share information with any Third Party with whom NFM has a pertinent contractual relationship – any information necessary to facilitate its provision of products, services, or functionality to you.
G. Loan Servicing Powered By FCI Lender Services, Inc. National Family Mortgage, LLC does not service loans or collect payments between loan parties in any way. NFM provides facilitation of servicing for Family Mortgage Loan payments through a marketing and referral partnership with FCI Lender Services, Inc. For a fee, FCI Lender Services, Inc. will act as the intermediary for payments between Borrowers and Lenders, including but not limited to the following: use of EFT to collect and transfer funds between Borrowers’ and Lenders’ accounts; sending payment reminders to Borrowers; processing of paper check payments; preparation of year end reporting showing a breakdown of all payments received and how they were applied; and payment recovery efforts through contact by FCI Lender Services, Inc.’s Customer Service Department at 800-931-2424.
National Family Mortgage, LLC Customers are under no obligation have their family mortgage loan serviced by FCI Lender Services, Inc., or by any other service provider.
NFM assumes no responsibility for errors or omissions in any contents or services, including contents or services that are referenced by or linked to FCI Lender Services, Inc.
NATIONAL FAMILY MORTGAGE, LLC MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND WHATSOEVER FOR THE CONTENT, WEB SITES OR FOR ANY PRODUCTS OR SERVICES MENTIONED OR OFFERED IN THE CONTENTS OR IN FCI LENDER SERVICES, INC. WEB SITES.
IN NO EVENT SHALL NATIONAL FAMILY MORTGAGE, LLC BE LIABLE FOR ANY DAMAGES WHATSOEVER ARISING OUT OF OR RELATED TO THE USE OF THE FCI LENDER SERVICES WEB SITE (INCLUDING ALL CONTENTS), INCLUDING, WITHOUT LIMITATION (I) DAMAGES CAUSED OTHER THAN BY INTENTIONAL MISCONDUCT OR (II) FOR ANY INDIRECT, SPECIAL, INCIDENTAL, CONSEQUENTIAL OR PUNITIVE DAMAGES WHATSOEVER (INCLUDING, BUT NOT LIMITED TO, DAMAGES FOR LOST PROFITS, DISCLOSURE OF CONFIDENTIAL INFORMATION, OR LOSS OF PRIVACY), ARISING OUT OF OR IN ANY WAY RELATED TO THE USE OF OR INABILITY TO USE THE SERVICES OR FCI LENDER SERVICES, INC. WEB SITE OR ANY OF THE ASSOCIATED SERVICES, EVEN IF NATIONAL FAMILY MORTGAGE, LLC HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.
H. Mortgage Recording Taxes and Filing Fees. In addition to standard Service fees paid to NFM, the following states require mortgage recording taxes, (which must be paid by the Client), be paid at the time of country recording:
Alabama, Florida, Georgia, Hawaii, Kansas, Maryland, Minnesota, New York, Oklahoma, Tennessee, Virginia.
Please refer to the Standards area of the Web Site for more details.
NFM strives to keep its state specific Mortgage Recording and Tax information accurate, current and up-to-date. However, because the law changes rapidly, NFM cannot guarantee that all of the information on the Web Site is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a complex matter, and no general information or legal tool like the kind NFM provides can fit every circumstance. Furthermore, the legal information contained on the Web Site is not legal advice and is not guaranteed to be correct, complete or up-to-date. Therefore, if you need legal advice for your specific problem, or if your specific problem is too complex to be addressed by our tools, you should consult a licensed attorney, accountant, tax professional, or mortgage broker/lender in your geographic area.
National Family Mortgage takes no responsibility if you use our Service and do not read our Instructions, if you do not return your documents for recording with the proper government authority, or if you make other arrangements to record the documents yourself or by a third party. Should you elect to use NFM’s service to register your mortgage with the proper government authority, you must return your documents to NFM no later than either 90 days from your point of purchase, or 90 days from the loan issue date reflected on the documents. Should you fail to do so, NFM will be unable to register your mortgage for you. Again, NFM strives to keep its legal documents accurate, current and up-to-date. Documents available through NFM are based on standard forms published by Fannie Mae. However, because the law changes rapidly, NFM cannot guarantee that all of the information on the Site or Applications is completely current. If National Family Mortgage is recording your mortgage document with the proper government authority on you behalf, and for some reason the authority refuses to accept the document, National Family Mortgage will work with you to help facilitate proper recording.
This Web Site is not intended to create any attorney-client relationship, and your use of the Web Site does not and will not create an attorney-client relationship between you and NFM. Instead, you are and will be representing yourself in any legal matter you undertake through NFM’s self-help Loan Document Service. If you do not agree to all of these terms, you will immediately cease your use of this Web Site.
I. Abandoned Orders. My purchase allows me to create my own legal documents. I understand that, other than as required by applicable law, I shall have no right to cancel, request a cash refund or obtain store credit for any undelivered order after 90 days have elapsed from the purchase date unless NFM is at fault. All itemization of fees are displayed for convenience only. Delivered orders shall be governed by the NFM Satisfaction Guarantee. Both parties acknowledge that NFM is out of pocket time and money for undertaking the work and both parties fully intend to complete the order. Abandoned orders will result in liquidated damages equal to the amount paid to NFM for reimbursement of our commitment to service this order.
J. Electronic Signature (E-Sign) and Uniform Electronic Transactions Act (UETA ) Disclosure and Consent Agreement. This disclosure is given in compliance with the Electronic Signatures in Global and National Commerce Act (“E-SIGN”) 15 USC §7001, et seq., and the Uniform Electronic Transactions Act, as adopted by the various States.
This disclosure relates to services provided by National Family Mortgage, LLC, including but not limited to the use of electronic signatures, and the use and storage of “electronic records” as defined in the E-SIGN Act. Pursuant to the E-SIGN Act and UETA: You have the right to request a paper copy of any electronic records created or provided to you as part of NFM’s Services. There is no charge for this right. You may request paper versions of these documents via postal mail, email, or telephone.
National Family Mortgage, LLC
Attn: Customer Service
34 Walden Street #706
Concord, MA 01742
By accepting these terms and conditions, you also confirm that your computer or electronic device meets the specifications and requirements listed below, and permit you to access and retain NFM documentation.
System Requirements to Access Information
NFM hosted Web pages and Web-based applications support the following operating systems and browsers:
Windows XP, Windows Vista or Windows 7
Microsoft Internet Explorer 7.0 and higher
Firefox 3 and higher
Google Chrome 3.0 and higher
Macintosh OS 10 and higher
Safari 3.0 and higher
Firefox 3 and higher
Google Chrome 3.0 and higher
Opening and Saving PDFs
To open and save portable document format (PDF) files, you must install the free Adobe Reader software. NFM hosted Web pages and Web-based applications support Adobe Reader versions 8.0 and higher.
You consent to the electronic delivery of the disclosures, notices, terms and conditions. You also agree that NFM does not need to provide you with a paper copy unless specifically requested by you.
Rights and Responsibilities of National Family Mortgage, LLC. NFM is not the publisher or author of the User Content. NFM takes no responsibility and assumes no liability for any content posted by you or any third party.
Although we cannot make an absolute guarantee of system security, NFM takes reasonable steps to maintain security. If you have reason to believe system security has been breached, contact us for help.
If NFM’s technical staff finds that files or processes belonging to a member pose a threat to the proper technical operation of the system or to the security of other members, NFM reserves the right to delete those files or to stop those processes. If the NFM technical staff suspects a user name is being used by someone who is not authorized by the proper user, NFM may temporarily disable that user’s access in order to preserve system security. In all such cases, NFM will contact the member as soon as feasible.
Rights and Responsibilities of NationalFamilyMortgage.com Users or Other Posters of User Content. You are legally and ethically responsible for any User Content – writings, files, pictures or any other work – that you post or transmit using any NFM Service that allows interaction or dissemination of information. In posting User Content, you agree that you will not submit any content:
• that is known by you to be false, inaccurate or misleading;
• that infringes anyone’s copyright, patent, trademark, trade secret or other proprietary rights or rights of publicity or privacy. Please see Compliance with Intellectual Property Laws below;
• that violates any law, statute, ordinance, or regulation (including, but not limited to, those governing export control, consumer protection, unfair competition, anti-discrimination, or false advertising). Please see Compliance with Export Restrictions below;
• that is, or may reasonably be considered to be, defamatory, libelous, hateful, racially or religiously biased or offensive, unlawfully threatening or unlawfully harassing, or advocates or encourages illegal conduct harmful to any individual, partnership or corporation. Please see Inappropriate Content below;
• that includes advertisements, spam, or content for which you were compensated or granted any consideration by any third party;
• that includes information that references other websites, addresses, email addresses, phone numbers, or other contact information;
• that contains any computer virus, worms, or other potentially damaging computer programs or files;
Under United States federal law, you retain copyright on all works you create and post as User Content, unless you choose specifically to renounce it. In posting a work as User Content, you authorize other members who have access to that service to make personal and customary use of the work, including creating links or reposting, but not otherwise to reproduce or disseminate it unless you give permission for such dissemination.
You grant NFM a perpetual, irrevocable, royalty-free, transferable right and license to use, copy, modify, delete in its entirety, adapt, publish, translate, create derivative works from, sell, distribute, and/or incorporate such content into any form, medium, or technology throughout the world without compensation to you. You have the right to remove any of your works from User Content at any time.
L. Third-Party Representative Policy. Lenders and Borrowers may designate individuals to act on their behalf in association with using NFM’s Services (hereinafter “Representative”).
Confirmation of Representative’s Authority. Before a Borrower or Lender may utilize a Representative to act on their behalf, Representative and the party they seek to represent must complete all portions of the NFM Representative Confirmation form and return it to National Family Mortgage, LLC.
Duties and Responsibilities of Representatives. By serving as a Representative, a party agrees to and acknowledges the assumption of responsibility for representing the individual and/or collective interests of the authorizing party or parties, as the case may be, regarding the Loan Documents, whether by act or omission, as well as in all Communications with NFM. Representative shall adequately and accurately convey any pertinent information regarding the Loan Agreement’s administration to the relevant authorizing party or parties not already communicated by NFM. In addition to Communications with Representative, NFM reserves the right to communicate with any Borrower or Lender including, but not limited to, substantially identical Communications made to any or all of them and independent Communications to one party or some parties only.
Communications with Representatives. A Representative will be recognized by NFM as having authority to receive Communications and to represent any and all authorizing parties unless and until NFM is expressly notified of revocation of such authority by Borrower, Lender or both (including multiple members of these defined terms), or by competent governmental officials, as may be applicable. Such authorization does not, however, preclude Borrower and Lender from representing or communicating on behalf of themselves. Absent express notification to NFM revoking Representative’s authority, as described below, where applicable and feasible, Representative’s instructions shall govern in the event of conflicting directions by any or all authorizing parties to NFM. NFM further reserves the right to refrain from any action where the parties’ instructions are or appear to be contradictory and NFM shall not be liable for any losses suffered by any party as a result of using a Representative. Further, Borrower, Lender and Representative shall hold NFM harmless from any and all claims arising from any disputes between any Borrower, Lender or Representative resulting from the use of a Representative to represent a particular party’s interests.
Termination of Use of Representative. Any party that authorizes a Representative to act on their behalf may terminate said authorization by contacting National Family Mortgage, LLC:
National Family Mortgage, LLC
Attn: Customer Service
34 Walden Street #706
Concord, MA 01742
M. Electronic Communications. Borrowers, Lenders and Representatives choosing to access NFM’s via the internet hereby consent to receive by electronic means this Agreement and any and all disclosures and/or notices required to be given by applicable law or regulation. The parties also consent to allow NFM to respond to any inquiries by e-mail regardless of the
format of the original inquiry. This consent may be withdrawn at any time. After withdrawal of consent, all subsequent Communications will be sent by regular mail to the last known address on file with NFM.
N. Shipping. I understand that NFM uses a variety of carriers for shipping and recording documents and will choose a delivery method for the address I designate. I agree that NFM may use air or ground shipping as necessary to get my items to me within the appropriate time frame. The shipping fee indicated does not necessarily represent the actual amount paid by NFM to the carrier chosen for the delivery of my order. It may include, in addition to the fees paid to the carrier, NFM or third party handling and processing fees.
O. Refund Policy. NFM offers a 90 day 100% refund of your purchase valid at any time prior to return of executed Loan Documents for Recording or the activation of Loan Servicing. In order to receive a full refund, all requests must be made and and all relevant documents must be returned to NFM within 90 days from point of purchase.
• If you’re not satisfied, simply call us toll-free at (888) 636-1990 during our normal business hours. All requests made under this guarantee must be made within 90 days of purchase. We will process your request within 5 business days after we’ve received all of the documents and materials sent to you. Unfortunately, we can’t refund or credit any money paid to government entities, such as filing fees or taxes, or to other third parties with a role in processing your order. We also cannot refund any money paid by you directly to third parties, such as payments made by you directly to attorneys affiliated with your individual legal situation.
• All requests made within 25 days of purchase will be credited back to your credit card or PayPal account within 5 business days. All requests made after 25 days of purchase will be refunded by a check mailed mailed to your billing address.
• Please note that we cannot guarantee the results or outcome of your particular procedure. NFM strives to keep its legal documents accurate, current and up-to-date. However, because the law changes rapidly, NFM cannot guarantee that all of the information on the Site or Applications is completely current. The law is different from jurisdiction to jurisdiction, and may be subject to interpretation by different courts. The law is a personal matter, and no general information or legal tool like the kind NFM provides can fit every circumstance. Our guarantee only covers satisfaction issues caused by NFM – not changes to your situation or your state of mind.
P. Pricing Policy. NFM reserves the right to change the pricing of its Products and Services without notice. Current one-time set up fees are as follows:
Win-Win Mortgage & Gift Mortgage
Loan Size > Price
$1 – $100,000 > $725.00
$101,000 – $200,000 > $875.00
$201,000 – $300,000 > $1,075.00
$301,000 – $500,000 > $1,425.00
$501,000 – $1,000,000 > $1,725.00
$1,000,000+ > $2,100.00
National Family Mortgage, LLC,
Intra-Family Mortgage Loan “Standards”
National Family Mortgage allows clients to document Intra-family Mortgages, Deeds of Trust, and Security Deeds on Single Family Homes or Condominiums between Immediate Family Members. “Immediate Family Member” means a parent, child, grandparent, grandchild, sibling, spouse, aunt, uncle, niece, or nephew. This includes step and adoptive relationships.
Transactions in the following US states may only be completed in conjunction with a local Attorney, Title Company, or Escrow Company only:
AK, AL, CO, DC, DE, GA, HI, IA, KS, LA, MA, ME, MD, MT, NC, ND, NY, OH, OK, RI, SC, SD, TN, VT, WV, WY.
National Family Mortgage does not allow clients to document:
– Vacant Land Mortgages
– Lease to Purchase Agreements
– Wrap-Around Mortgages
Or Intra-family Mortgages affecting:
– Properties Held as Tenants In Common
– Mobile Homes
– Manufactured Homes
– Multi-Family Home
National Family Mortgage requires that all clients who wish to document an Intra-family Mortgage through our system adhere to the following Standards:
• Intra-family loan interest rate must meet or exceed the appropriate IRS Applicable Federal Rate (AFR), without exceeding 6.00%.
• Intra-family loan structure must be Amortized, Amortized with Balloon, or Interest-Only.
• Intra-family loan repayment term (or amortization period) must be between one and thirty years.
• Intra-family loan repayment schedule requires monthly payments, due on the first of every month.
• Intra-family loan payment grace period must be 15 days.
• Intra-family loan late payment fee charged to the borrower shall be between 1.00% – 4.00% of the borrower’s standard monthly payment amount.
When you open an account to use or access certain portions of the Site, Applications, or the Services, you must provide complete and accurate information as requested on the registration form. You will also be asked to provide a user name and password. You are entirely responsible for maintaining the confidentiality of your password. You may not use a third party’s account, user name or password at any time. You agree to notify NFM immediately of any unauthorized use of your account, user name or password. NFM shall not be liable for any losses you incur as a result of someone else’s use of your account or password, either with or without your knowledge. You may be held liable for any losses incurred by NFM, our affiliates, officers, directors, employees, consultants, agents and representatives due to someone else’s use of your account or password.
NFM conducts business in accordance with laws and regulations relating to our products and Services, including the Financial Services Modernization Act of 1999, a federal law commonly known as the Gramm-Leach-Bliley Act (“GLB”). Under GLB, an individual’s nonpublic personal information (“NPPI”) is afforded certain legal protections. NFM completely abides by and endorses the philosophy underlying these pertinent laws and best practices.
Applicable privacy laws distinguish the differences between a “Consumer” and a “Customer.”
• Consumer Privacy. If you are visiting our Web Site because you’re considering our products or Services, then your privacy is protected as a Consumer. This means that even if you’re not a full-fledged NFM Customer, we will not share collected information, except as permitted by law and as otherwise detailed below.
• Customer Privacy. Customers are Consumers who enter into more complex, contractual, or enduring relationships with us. In addition to Consumer protections, our Customers can expect physical, electronic, and procedural safeguards to maintain the confidentiality, security, and integrity of personally identifiable, confidential information.
• Past Customer Privacy. Even if our relationship with you ends, NFM will continue to treat your private information as we do with any active Customer. We abide by applicable Customer record-retention and privacy laws.
A. The Collection of Information on NationalFamilyMortgage.com In general, we may collect personal information that can identify you such as your name and email address, as well as other information that does not identify you. When you provide personal information through our Web site, the information may be sent to NFM servers located throughout the United States.
When consumers access NFM’s Web Site, we may automatically collect non-personally identifiable information about them. Such information may include, among other things:
• the links Visitors use to arrive at NationalFamilyMortgage.com,
• the domain and host from which Visitors access the Internet,
• the type of Web browser that Visitors use,
• the type of operating system in use,
• IP addresses, and
• the number and frequency of Visitors who visit various pages of our Web Site.
We may also collect and store any personal information you enter on our Web Site or provide to us in some other manner. This includes identifying information (such as your name, home or mailing address, email address, and telephone number), information about your prospective home, your financial information (such as your bank’s account and routing number), your Social Security number, personal information (such as Family Mortgage Loan terms), and information about your payment method (valid credit card number, type, expiration date or other financial information).
We may also collect and store personal information that you provide to us about other people (such as Co-Borrowers, Co-Lenders, Counterparties, Sellers, and Trustees), including their name, address, phone number, Social Security number, financial information or other personal information. NFM only collects personally identifiable information about you when you voluntarily submit it to us. We may ask for such information about you if you:
• register for an account
• request a free guide
• submit a loan Application
• subscribe to a NationalFamilyMortgage.com newsletter
• make a purchase
• send an email to NFM with a comment or seek an answer to a question,
• call NFM with a comment or seek an answer to a question,
• submit a customer experience survey of our Web Site or Service.
If you want to view or update your account information, please log on to our secure Web Site. Checking your account on our Web Site is the fastest and safest way to view or update your account information.
B. Use of Information. In general, we may use information that we collect about you to:
• deliver the products and Services that you have requested,
• manage your customer relationship and provide you with customer support,
• perform research and analysis about your use of, or interest in, our Products, Services, or Content, or products, services or content offered by others,
• communicate with you by email, postal mail, telephone and/or mobile devices about our products or Services that may be of interest to you,
• develop and display content tailored to your interests on our Web Site,
• verify your eligibility and deliver prizes in connection with promotions, contests and sweepstakes,
• enforce our terms and conditions,
• manage our business and
• perform functions as otherwise described to you at the time of collection.
NFM may use non-personally identifiable information collected from visitors to our Web Site in order to, among other things:
• conduct reviews of our Web Site,
• guide decisions about the development of our Web Site,
• provide an enhanced online experience for our Visitors, or
• identify, on an aggregate basis, general trends that may, for example, assist us in determining how to work with real estate and financial professional to provide a wider array of products and services.
We may use personally identifiable information collected from visitors to our Web Site for any of the following purposes, including:
• answering Visitors’ or Customers’ questions,
• providing services, newsletters, and other information that Customers and Visitors specifically request or register for through our Web Site,
• developing and improving our Web Site,
• protecting the security and integrity of our Web Site,
• for internal business purposes as described throughout this section, or
• as permitted by law.
C. Disclosure of Information
Authorized Service Providers. We may share your personal information with our authorized service providers that perform certain services on our behalf in connection with your request for a Service. These service providers may include credit bureaus, title companies, escrow companies, closing agents, loan servicing companies, other financial institutions, marketing and customer services firms, credit card payment processors, as well as companies that support contests, sweepstakes, surveys, or other features offered through our Web Site, or that provide business analysis or Web Site support. These service providers may have access to personal information needed to perform their functions but are not permitted to share or use such information for any other purpose.
Business Partners. When you express interest in products, services or promotions offered through our Web Site or our services, we may share your expression of interest with the businesses with which we partner to offer you those products, services, promotions, contests and/or sweepstakes, and, as applicable, their affiliates and Third-Party finder or marketing companies. When you elect to engage in a particular offer or program, you authorize us to provide your email address and other information to those businesses.
Co-Borrowers, Co-Lenders, Counter-Parties, Trustees, Real Estate Agents, Primary Mortgage Lenders, Attorneys, Financial Advisors, Insurance Agents, and Sellers. We will share personal information (name, address, telephone number, email, general family mortgage loan terms) as submitted by you on our Web Site or otherwise provided by you to NFM, for Loan Document review and signature by Co-borrowers, Co-lenders, and Counterparties. This may also include sharing information with Real Estate Agents, Primary Mortgage Lenders, Attorneys, Financial Advisors, Insurance Agents, and Sellers with and interest in or otherwise involved with your transaction. Information and content that you share through our Caregiver Mortgage and Caregiver Mortgage loan management platform will be seen by all participant to your loan; this includes your annual tax report.
NFM may transfer or otherwise disclose the information we collect from Customers or Visitors to our Web Site to contractors, consultants, and other service providers that perform Services on our behalf, if the disclosure will enable that party to perform a business, professional, or technical support function for the Visitor, Customer, or for us. For example, we may use service providers to assist us with specific processes or functions such as distributing our emails for us or collecting survey information from our customers. We require the service providers we use to sign business agreements that restrict their use of your information to fulfilling the contracted service.
Some other examples of how we might disclose information include when:
• we use service providers to offer customized search capabilities,
• we ask service providers to help provide services and information upon a Visitor’s or Customer’s request,
• we use service providers to improve the performance of our Web Site (again, we require these service providers by contract to keep confidential any personally identifiable information Visitors or Customers provide on our Web Site),
• protecting against or preventing actual or potential fraud, claims, or other liability,
• providing information to regulatory authorities, law enforcement agencies or in connection with an investigation on a matter related to public safety (as permitted by law), or
• required to do so by law.
We also may disclose your information:
• In response to a subpoena or similar investigative demand, a court order or a request for cooperation from a law enforcement or other government agency; to establish or exercise our legal rights; to defend against legal claims; or as otherwise required by law. In such cases, we may raise or waive any legal objection or right available to us.
• When we believe disclosure is appropriate in connection with efforts to investigate, prevent or take other action regarding _illegal activity, suspected fraud or other wrongdoing; to protect and defend the rights, property or safety of our company, our users, our employees or others; to comply with applicable law or cooperate with law enforcement; or to enforce our Web Sites’ terms and conditions or other agreements or policies.
• In connection with a substantial corporate transaction, such as the sale of our business, a divestiture, merger, consolidation, asset sale or in the unlikely event of bankruptcy.
We do not sell any personally identifiable information that you provide by entering information on or by visiting our Web Site. NFM does not sell or disclose any personally identifiable information to third-parties for marketing purposes.
Anyone wishing to permanently “opt out” portions of the information gathering and sharing process we currently use or may employ in the future is free at any time to contact NFM at Privacy@NationalFamilyMortgage.com, and we will work to honor your request.
• to provide better service and a more effective Web Site,
• to facilitate interaction with Visitors’ browsers,
• to collect non-personally identifiable data,
• to recognize visitors when they return to our Web Site
Most browsers are initially set to accept cookies to store information. You are always free to decline cookies, but in doing so you may not be able to use certain features on our Web Site. Even if you decline cookies, you will still be able to browse the Web Site. Please refer to the help section of your Internet browser for additional details about working with cookies.
F. Other Technologies. We may use standard Internet technology, such as “Web beacons” and other similar technologies, to track your use on our Web Site.
Web beacons (also known as clear gifs, pixel tags or web bugs) are tiny graphics with a unique identifier, similar in function to cookies, and are used to track the online movements of Web Site Visitors users or to access cookies. Unlike cookies which are stored on the User’s computer hard drive, Web beacons are embedded invisibly on the Web pages (or in email) and are about the size of the period at the end of this sentence.
Web beacons may be used to deliver or communicate with cookies, to count Users who have visited certain pages and to understand usage patterns. We also may receive an anonymous identification number if you come to our Web Site from an online advertisement displayed on a third-party Web site.
We also may include Web beacons in promotional email messages or newsletters to determine whether messages have been opened and acted upon. The information we obtain in this manner enables us to customize the services we offer our Web Site’s Visitors to deliver targeted advertisements and to measure the overall effectiveness of our online advertising, content, programming or other activities.
G. National Family Mortgage, LLC Permission Marketing Policy NFM delivers promotional and transactional emails to prospects and customers. Additionally, in order to provide you with innovative products and services that we believe may be of interest to you, we may from time to time share NPPI and other information we collect with affiliates of NFM. Please note that if you choose not to hear from us, you will not receive offers about products and services offered by NFM and our affiliates that may be of value to you. If you decide that you no longer wish to subscribe to NFM broadcast emails, please follow the instructions that are located at the bottom of those e-mail messages in order to unsubscribe (opt-out).
H. Unsolicited Submissions. Except as may be required in connection with your use of NFM Services, NFM does not want you to submit confidential or proprietary information to us through this Site or any Applications. All comments, feedback, information or material submitted to NFM through or in association with this Site shall be considered non-confidential and NFM’s property. By providing such submissions to NFM you hereby assign to NFM, at no charge, all worldwide right, title and interest in and to the submissions and any intellectual property rights associated therewith. NFM shall be free to use and/or disseminate such submissions on an unrestricted basis for any purpose. You acknowledge that you are responsible for the submissions that you provide, including their legality, reliability, appropriateness, originality and content.
NFM does not claim ownership of any documents you either create on NationalFamilyMortgage.com or upload and store within your account manager (“Documents”); nor will NFM edit any of the Documents. You grant permission for NFM (including its affiliated companies and necessary sublicensees) to use your Documents in connection with providing Services to you.
If you provide materials other than Documents – materials called “Submissions” – NFM will be entitled to unrestricted use and dissemination of these Submissions for any purpose, commercial or otherwise. (Once again, the term “NFM” is meant to include all its affiliated companies and necessary sublicensees.) Examples of Submissions include questions, comments, suggestions, ideas, feedback, or information about the Service. You hereby grant NFM the right to use your Submissions, in any form, in connection with the operation, promotion, advertising, and marketing of its services. (In technical, legal terms, this right is a “nonexclusive, worldwide, royalty free, fully paid up, transferable, sublicensable, perpetual, irrevocable license to copy, display, upload, perform, distribute, store, modify, and otherwise use your Submissions, using any available technology.”) This will be done without acknowledgment of or compensation to you. NFM is under no obligation to post or use any Submission you may provide. It may remove any Submission at any time in its sole discretion.
By providing or posting Documents or any Submissions, you are guaranteeing that you own or otherwise have the right to provide or post such Documents or Submissions. This will be the case whether you are providing, posting, uploading, inputting or submitting the Documents and Submissions.
You acknowledge and agree that NFM not only may preserve these Documents and Submissions but may also disclose them if required to do so either by law or in the good faith belief that such preservation or disclosure is reasonably necessary to accomplish any of the following: (a) to comply with legal process, applicable laws or government requests; (b) to enforce these Terms and Conditions; (c) to respond to claims that any content violates the rights of third parties; or (d) to protect the rights, property, or personal safety of NFM, its users and the public. You understand that the technical processing and transmission of the Service, including your content, may involve either of the following: (a) transmissions over various networks; and (b) changes to conform and adapt to technical requirements of connecting networks or devices. You agree that NFM has no responsibility or liability if it deletes or fails to store any content maintained or uploaded by the Service.
Compliance with Intellectual Property Laws.
The Service and all contents of the NationalFamilyMortgage.com website (“Service Content”) are Copyright © 2014 National Family Mortgage, LLC and/or its suppliers, affiliates and partners. All rights reserved. Except as expressly authorized by NFM, you agree not to modify, copy, frame, scrape, rent, lease, loan, sell, distribute or create derivative works based on the Service or Service Content, in whole or in part. Exception: The foregoing does not apply to your own Documents or to the Submissions you legally upload to the Service. In connection with your use of the Service, you will not use any data mining, scraping, robots, or similar data gathering or extraction methods. Any use of the Service or the Service Content other than as specifically authorized herein is strictly prohibited. The technology and software underlying the Service or distributed in connection with it (the “Software”) is the property of NFM, our affiliates, and our partners. You agree not to copy, modify, create a derivative work of, reverse engineer, reverse assemble, or otherwise attempt to discover any source code, nor to sell, assign, sublicense, or otherwise transfer any right in the Software. Any rights not expressly granted to others here remain the rights of NFM.
A. Trademarks. National Family Mortgage ® is a registered trademark of National Family Mortgage, LLC. Always Invest In Family ® is a registered trademark of National Family Mortgage, LLC. Win-Win Mortgage ® is a registered trademark of National Family Mortgage, LLC. The names of actual companies and products you might encounter through us may be the trademarks of their respective owners. Nothing in this Terms and Conditions or the Service should be understood as in any way granting any license or right to use any of NFM’s trademarks displayed on the Service. We may be willing to grant such rights in individual instances, but will always require prior written permission. All goodwill generated from the use of NFM’s trademarks is reserved for the use of NFM, exclusively.
B. Copyright Complaints. NFM respects the intellectual property of others; and we ask our users to do the same. If you believe that your work has been copied in a way that constitutes copyright infringement, or that your intellectual property rights have been otherwise violated, you should notify NFM of the problem in accordance with the procedure set forth below.
NFM will process and investigate notices of alleged infringement. If legal action is considered necessary, NFM will undertake these actions under the Digital Millennium Copyright Act (“DMCA”) or any other applicable intellectual property law. Any notification of claimed copyright infringement filed by you should be emailed to NFM’s Copyright Agent at Legal@NationalFamilyMortgage.com – Subject line: “DMCA Takedown Request.” You may also contact us by mail at:
National Family Mortgage, LLC
ATTN: Copyright Agent
34 Walden Street #706
Concord, MA 01742
To be effective, the notification must be in writing and contain the following information:
• an electronic or physical signature of the person authorized to act on behalf of the owner of the copyright or other intellectual property interest;
• a description of the copyrighted work or other intellectual property that you claim has been infringed;
• a description of where the material that you claim is infringing is located on the Service, with enough detail that we may find it on the Service;
• your address, telephone number, and email address;
• a statement by you that you have a good faith belief that the disputed use is not authorized by the copyright or intellectual property owner, its agent, or the law;
• a statement by you, made under penalty of perjury, (1) that the above information in your Notice is accurate; (2) that you are the copyright or intellectual property owner; or (3) that you are authorized to act on the copyright or intellectual property owner’s behalf.
C. Counter-Notice Although unlikely, you may have cause to believe that User Content of yours was inappropriately removed (or access to it was inappropriately disabled) because of suspected copyright infringement. If that is the case, you may send a written counter-notice to the Copyright Agent that contains the following information:
• your physical or electronic signature;
• identification of the content that has been removed or to which access has been disabled;
• the location at which the content appeared before it was removed or disabled;
• a statement that you have a good faith belief that the content was removed or disabled as a result of mistake or a misidentification of the content;
• your name, address, telephone number, and email address;
• a statement that you consent to the jurisdiction of the federal court located within Boston Massachusetts; and
• a statement that you will accept service of process from the person who provided notification of the alleged infringement.
You should also include the justifications of your use of the contested materials. You will not have infringed anyone’s copyright if you are authorized to use the materials either by the copyright holder, by its agent, or by the law.
If a counter-notice is received by the Copyright Agent, NFM will send a copy of the counter-notice to the original complaining party, informing that person that it may replace the removed content or cease disabling it in 10 business days. Unless the copyright owner files an action seeking a court order against the content provider, member, or user, the removed content may be replaced, or access to it restored, in 10 to 14 business days or more after receipt of the counter-notice, at our sole discretion.
D. Repeat Infringer Policy. In accordance with the DMCA and other applicable law, NFM has adopted, in appropriate circumstances and at NFM’s sole discretion, a policy of terminating users who are deemed to be repeat infringers. NFM may also at its sole discretion limit access to the Service or terminate the account of any users who infringe any intellectual property rights of others, whether or not there is any repeat infringement.
E. Copyright and Trademark Notices. All contents of the NationalFamilyMortgage.com website are Copyright © 2014 National Family Mortgage, LLC and/or its suppliers, affiliates and partners. All rights reserved.
Notices and Procedure for Making Claims of Copyright Infringement. Pursuant to Title 17, United States Code, Section 512(c)(2), notifications of claimed copyright infringement under United States copyright law should be sent to Service Provider’s Designated Agent. ALL INQUIRIES NOT RELEVANT TO THE ABOVE PROCEDURE WILL RECEIVE NO RESPONSE.
A. General. You agree that no joint venture, partnership, employment, or agency relationship exists between you and NFM as a result of the Terms and Conditions or use of NationalFamilyMortgage.com. NFM’s performance under these Terms and Conditions is subject to existing laws and legal process. Nothing contained in this Agreement diminishes NFM’s right to comply with governmental, court, and law enforcement requests or requirements relating either to your Use of NationalFamilyMortgage.com or to information supplied to NFM. If any part of this Agreement is determined to be invalid or unenforceable as a result of the above warranty disclaimers and liability limitations, – or as a result of any other legal requirements – then the invalid or unenforceable provision will be considered to have been replaced by whatever valid, enforceable provision most closely matches what the original provision was intending to accomplish. The remainder of the Agreement shall continue in effect.
Unless otherwise stated in this document, this Agreement constitutes the entire agreement between the user and NFM with respect to NationalFamilyMortgage.com. It supersedes all prior or contemporary communications and proposals between us, whether electronic, oral, or written. You may not pass on to someone else any of your rights or obligations under these Terms and Conditions without NFM’s written consent. NFM’s rights under the Terms and Conditions may be transferred by NFM to someone else. That right is not waived even if NFM fails to enforce or exercise either any provision of the Terms and Conditions or any related right. Any rights not expressly granted by this document to others remain the rights of NFM.
Unless otherwise stated, NFM may communicate with you officially by any reasonable means now known or later developed. These currently include email, regular mail, and postings on NationalFamilyMortgage.com.
A printed version either of this Agreement or of any notice sent in electronic form shall be equally as admissible in legal proceedings relating to this Agreement as documents generated and maintained in printed form. All parties approve of this Agreement and all related documents having been written in English.
C. Personal Use. The site is made available for your personal use on your own behalf.
D. Children. Minors are not eligible to use the Site or Applications and we ask that they do not submit any personal information to us.
E. Account Use. By accepting this Agreement and using the Services, Borrower, Lender and Representative respectively represent and warrant that they have all the necessary legal authority and capacity to do so. In the event that either a Borrower or Lender is a Trust, acceptance of this Agreement warrants that the individual signing on behalf of the Trust entity is a duly authorized Trustee of the Trust entity and that they have the authority to bind the Trust entity in legal agreements and contracts. The parties will not jointly or individually use the Services or the NFM Web site for any unlawful, illicit, fraudulent or improper activity. NFM reserves the right to restrict or deny access to or interoperability with the secure, account-specific portions of the NFM Web Site and/or to delay or halt its duties under this Agreement, without notice, where substantive allegations or reasonable grounds exist to suspect that Borrower, Lender, Representative or any or all of them have been, are, or will be engaging in fraudulent, unlawful or other improper activity. Borrower, Lender and Representative agree and acknowledge they will cooperate fully with NFM to investigate any suspected unlawful, fraudulent or improper activity.
F. Time and Date. Unless otherwise noted or as may be required by the user’s jurisdiction, NFM records and measures the moment transactions are conducted using the NationalFamilyMortgage.com Web site by reference to the Eastern Time zone of the USA. Where a user initiates a transaction on a weekend day, national or local holiday or other non-business day, it is the policy of NFM to consider the transaction date to be that day unless doing so would negate the efficacy of the transaction. In such circumstances, and as provided by applicable laws, NFM will consider the next business day, whether in Massachusetts (National Family Mortgage, LLC’s domicile) or the user’s jurisdiction, as appropriate, to be the transaction date so the intent of the user is upheld and the transaction’s validity is preserved. Discrepancies regarding the effective transaction date will be resolved to the benefit of the user or users, unless otherwise noted, as a matter of NFM’s policy and its commitment to quality customer service.
H. Compliance with Export Restrictions. You may not access, download, use or export the Site, Applications, or the Materials in violation of United States export laws or regulations or in violation of any other applicable laws or regulations. You agree to comply with all export laws and restrictions and regulations of any United States or foreign agency or authority and to assume sole responsibility for obtaining licenses to export or re-export as may be required. You acknowledge and agree that the Materials are subject to the United States Export Administration Laws and Regulations and agree that none of the Materials or any direct product therefrom is being or will be acquired for, shipped, transferred or re-exported, directly or indirectly, to proscribed or embargoed countries or their nationals or used for any prohibited purpose.
I. Taxes. Borrower and Lender are responsible for determining what, if any, taxes apply to the disbursements and payments as a result of using NFM’s Services and for collecting, reporting and remitting the correct tax to the appropriate tax authority or authorities. Borrower and Lender acknowledge that state and federal tax ramifications and liabilities for either or both parties may ensue from engaging in a Loan and Borrower and Lender should consult qualified professional advisors regarding potential taxation liabilities. NFM does not provide tax advice, is not obligated to determine whether taxes apply to a specific loan transaction or any underlying agreement, and is not responsible for collecting, reporting, or remitting any taxes arising from any transaction between Borrower and Lender.
J. Borrower or Lender Insolvency. Borrower and Lender understand and acknowledge that insolvency, whether part of or outside formal bankruptcy proceedings, may impact the efficacy and terms of the Loan Agreement. Borrower and Lender understand and acknowledge that funds transferred by or to an insolvent party may, in some circumstances, be reached and retrieved from the recipient or recipient’s successor in interest by action of a bankruptcy court or a trustee in bankruptcy, whether such bankruptcy is voluntary or involuntary, and whether or not such funds were: initially transferred in good faith and for value; a “preference” or “priority” as defined under the United States Bankruptcy Code, 11 U.S.C. §101 et seq.; part of a fraudulent transaction or other transaction subject to reversal in bankruptcy proceedings; or whether the transfers of funds were or are otherwise reversible. NFM assumes no responsibility for the continued performance of either party in the use of NFM’s Services in the event of either party’s insolvency, bankruptcy or other circumstances making performance under the Loan Agreement and this Agreement impossible or impracticable.
K. No Third-Party Beneficiaries. Unless otherwise expressly provided herein or by operation of law, no provisions of this Agreement are intended or shall be construed to confer upon or give to any person or entity other than Borrower, Lender and NFM any rights, remedies or other benefits under or by reason of this Agreement.
Assignment. Unless otherwise expressly provided in this Agreement, Borrower and Lender may not transfer any rights or obligations under this Agreement without the prior consent of NFM. In order for NFM to continue Services in the event of such transfer, it may be necessary for NFM to verify the transfer and its validity, the identity of the transferee, including relevant contact information, bank account information and other data necessary to permit NFM’s satisfactory performance of the Services. Where such performance cannot reasonably be ensured, NFM reserves the right to maintain this Agreement with the transferor only or to terminate this Agreement. NFM reserves the right to transfer any right or obligation under this Agreement without Borrower’s and Lender’s consent.
Waiver. Failure by any party to enforce any provision of this Agreement will not be deemed a waiver of future enforcement of that or any other provision. Any waiver, amendment or other modification of any provision of this Agreement will be effective only if in writing, whether on paper or via appropriate electronic means as provided for in this Agreement and as permitted under the E-Sign Act and other applicable laws. Where appropriate, such waiver, amendment or other modification shall evidence the mutual agreement of all relevant parties. A party’s waiver on one occasion shall not be construed as a bar or waiver of any rights or remedies for subsequent events.
L. Links to Third Party Sites. This site, and some of the articles on NationalFamilyMortgage.com, contains links to other resources and businesses on the Internet, called here “links” or “Linked Sites,” or “Third Party Sit.” Those links are provided for your convenience, as citations and aids to help you identify and locate other Internet resources that may be of interest to you. They are not intended to indicate that NFM either sponsors or is legally associated with any of the linked entities; nor is NationalFamilyMortgage.com legally authorized to use any trade name, registered trademark, logo, official seal, or copyrighted symbol that may appear in the links.
Since the Linked Sites are not under the control of NFM, NFM is not responsible for the contents of any Linked Site. That includes, without limitation, any further link contained in a Linked Site, and any changes or updates to a Linked Site. NFM is not responsible for webcasting or for any other form of transmission received from any Linked Site. These Terms and Conditions do not cover your interaction with Linked Sites. You should carefully review the terms and conditions and privacy policies of any Third Party Sites.
NFM works with a number of partners and affiliates whose sites are linked with NFM. NFM may also provide links to other citations or resources with whom it is not affiliated. NFM is not responsible for and does not endorse or accept any responsibility for the availability, contents, products, services or use of any Third Party Site, any website accessed from a Third Party Site or any changes or updates to such sites. NFM makes no guarantees about the content or quality of the products or services provided by such sites. NFM is not responsible for webcasting or any other form of transmission received from any Third Party Site. NFM is providing these links to you only as a convenience, and the inclusion of any link does not imply endorsement by NFM of the Third Party Site, nor does it imply that NFM sponsors, is affiliated or associated with, guarantees, or is legally authorized to use any trade name, registered trademark, logo, legal or official seal, or copyrighted symbol that may be reflected in the links.
You acknowledge that you bear all risks associated with access to and use of content provided on a Third Party Site and agree that NFM is not responsible for any loss or damage of any sort you may incur from dealing with a third party. You should contact the site administrator for the applicable Third Party Site if you have any concerns regarding such links or the content located on any such Third Party Site.
M. Inquiries. BY USING NATIONALFAMILYMORTGAGE.COM’S SERVICES OR ACCESSING THE NFM SITE OR APPLICATIONS, YOU ACKNOWLEDGE AND ACCEPT THAT SUBMITTING YOUR TELEPHONE NUMBER TO NFM VIA THE NFM SITE OR APPLICATIONS CONSTITUTES AN INQUIRY TO NFM, AND THAT NFM MAY CONTACT YOU AT THE NUMBER SUBMITTED EVEN IF SUCH NUMBER APPEARS ON ANY STATE OR FEDERAL DO NOT CALL LISTS (TAKING INTO ACCOUNT INQUIRY EXCEPTION TIME FRAMES AS APPROPRIATE.)
O. Termination/Access Restriction. NFM reserves the right, in its sole discretion, to terminate your access both to the NationalFamilyMortgage.com website and to its services, at any time with notice. NFM also reserves the right to modify or discontinue, either temporarily or permanently, any part of its service with notice. You agree that NFM will not be liable to you or to any third party for any modification, suspension, or discontinuance of the Service.
P. Right to Refuse. You acknowledge that NFM reserves the right to refuse service to anyone and to cancel user access at any time.
Q. Governing Law; Venue This Agreement is governed by the laws of the Commonwealth of Massachusetts without reference to that state’s conflicts of laws rules. Wherever applicable and after exhaustion of administrative remedies specifically designated in this Agreement, judicial actions taken relative to this Agreement shall be brought in a court of competent jurisdiction, either state or federal, within the Commonwealth of Massachusetts.
R. Arbitration. NFM reserves all rights in remedies at law or in equity for any claim it may have against Borrower, Lender or any party’s Representatives of either for real or prospective infringement on intellectual property rights. Any other controversy or claim arising out of or relating to this Agreement or the provision of Services, excepting those relating transactions covered by Regulation E (12 CFR 205, et seq.) or those initiated in and remaining subject to the jurisdiction of a Massachusetts court hearing small-claims matters, shall be settled by binding arbitration in accordance with the commercial arbitration rules of the American Arbitration Association. Any such controversy or claim shall be arbitratedon an individual basis, and shall not be consolidated in any arbitration with any claim or controversy of any other party, save for the complainant’s counterparty under the Loan Agreement where such counterparty chooses to consolidate his, her, their or its claim or controversy with those of the consenting complainant. Where practicable, the arbitration shall be conducted in Boston, Massachusetts and judgment on the arbitration award may be entered in any court having competent jurisdiction. Any party to this Agreement may seek any interim or preliminary relief from a court of competent jurisdiction in Boston, Massachusetts necessary to protect that party’s respective rights, remedies or property pending the completion of arbitration. Borrower and Lender agree and acknowledge that arbitration
may replace their individual or collective recourse to courts of law and/or administrative bodies, and that the decision of the arbitrator or arbitrating body may be final and binding
upon all parties.
S. Severability. In the event any provision of this Agreement shall be invalid, illegal, or unenforceable, the validity, legality and enforceability of the remaining provisions shall not in any way be affected or impaired.
T. Indemnification. NFM’s obligations are expressly limited to those stated in this Agreement. NFM will be responsible only for the exercise of ordinary care in carrying out its obligations under this Agreement and shall be released from all further liability. Borrower and Lender agree to indemnify and hold NFM harmless from and against, and to pay on demand, all costs, damages, losses, judgments, attorney’s fees, expenses, obligations and liabilities of every kind and nature suffered or incurred by it or its agents relative to or arising out of this Agreement, except any liability resulting from failure of NFM to exercise ordinary care in carrying out its obligations under this Agreement.
U. Modification of these Terms and Conditions. NFM reserves the right to change the terms, conditions, and notices under which NationalFamilyMortgage.com is offered. This includes, but is not limited to, the charges associated with the use of its services. NFM will provide you notice of changes to the Terms and Conditions by posting a message on NationalFamilyMortgage.com that will appear upon your next login to your account.
With three exceptions, any changes to the Terms and Conditions will become effective no earlier than ten (10) calendar days after they are posted. The exceptions: (1) any changes made either for legal reasons or that concern new functions of the Services will be effective immediately; and (3) any changes to the Binding Arbitration and Class Action Waiver section will be effective thirty (30) calendar days after they are posted. Once you have received notice of the modifications, you will have a period of 10-days in which you can reject the modifications, thereby terminating your account. You understand and agree that your Use of NationalFamilyMortgage.com after the 10-day period shall be treated as acceptance of the modified Terms and Conditions.
V. I acknowledge that NFM is not a registered or bonded legal document assistant under California Business and Profession Code, sections 6400 et seq.
Disclaimer of Representations and Liability
Please read this section carefully as it affects your rights.
The information, software, products, and services made available through the NationalFamilyMortgage.com website may include inaccuracies or typographical errors. NFM and/or its suppliers may periodically and at any time make improvements or changes to NationalFamilyMortgage.com. Information received via NationalFamilyMortgage.com should not be relied upon for personal, medical, legal, or financial decisions. You should consult an appropriate professional for specific advice tailored to your situation.
TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, ALL THE INFORMATION, SOFTWARE, PRODUCTS, SERVICES, AND RELATED GRAPHICS ARE PROVIDED “AS IS” — WITHOUT WARRANTY OR CONDITION OF ANY KIND.
NFM and its suppliers make no representations about the suitability, reliability, availability, timeliness, and accuracy of the information, software, products, services, and related graphics contained on the NationalFamilyMortgage.com Site for any purpose.
Important: TO THE MAXIMUM EXTENT PERMITTED BY APPLICABLE LAW, NFM AND ITS SUPPLIERS SHALL NOT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, OR CONSEQUENTIAL DAMAGES. THIS IS SO WHETHER THE DAMAGES ARE BASED ON CONTRACT, TORT, NEGLIGENCE, STRICT LIABILITY, OR OTHERWISE. This remains the case even if NFM or any of its suppliers has been advised of the possibility of damages. This disclaimer includes, without limitation, damages for any of the following:
• for the loss of use, data, or profits, in any way connected with the use or performance of NationalFamilyMortgage.com;
• for the delay or inability to use NationalFamilyMortgage.com or related services;
• for the provision of or failure to provide services; or
• for any information, software, products, services, and related graphics obtained through the use of NationalFamilyMortgage.com.
This provision is not intended to disclaim liability for any intentional or grossly negligent conduct by NFM.
This limitation may not apply to you if your loss occurs in any of the states or jurisdictions that do not allow the exclusion or limitation of liability for consequential or incidental damages.
If you are dissatisfied with any portion of NationalFamilyMortgage.com, with any products or services provided to you, or with any of these Terms and Conditions, your sole and exclusive remedy is to pursue an award through the dispute resolution procedures explained below. You must also discontinue Using NationalFamilyMortgage.com if you are dissatisfied with NationalFamilyMortgage.com.
Important: The maximum liability NFM may have to you will be the amount of the fees you have paid to NFM within the relevant statute of limitations, unless that amount is increased by any relevant statutory multiplier or penalty.
A. Legal Property Description / Basic Property Report. Upon your request and purchase, NFM obtains a legal property description and/or Basic Property Report listing the current owner and the legal description of the subject property from an outside provider. The purpose of this report is to provide a legal description for the subject property that will allow you to create your automated, “do-it-your-self”, “fill-in-the-blank”, self-help Loan Document for proper recording at the appropriate government authority.
THIS LEGAL DESCRIPTION IS NOT INTENDED TO PROVIDE INFORMATION REGARDING THE LEGAL STATUS OF ANY SPECIFIC PARCEL OF REAL PROPERTY. THESE REPORTS DO NOT PROVIDE ANY PROTECTION FROM POTENTIAL LEGAL CLAIMS RELATING TO THE TITLE OF THE REAL ESTATE. LIEN POSITION CAN ONLY BE GUARANTEED IF CLIENT PURCHASES A FULL TITLE SEARCH AND TITLE INSURANCE ALONG WITH NATIONAL FAMILY MORTGAGE, LLC’s SERVICES. NATIONAL FAMILY MORTGAGE, LLC IS NOT RESPONSIBLE FOR ERRORS OF ANY KIND CONTAINED IN DOCUMENTS MAINTAINED BY MUNICIPAL AND STATE AUTHORITIES WHICH ARE SEARCHED AS PART OF THE TITLE REPORTS RECEIVED BY NATIONAL FAMILY MORTGAGE, LLC. BORROWERS AND LENDERS ARE SOLELY RESPONSIBLE FOR DETERMINING THE STATUS OF THE TITLE TO ANY PROPERTY THAT MAY BE USED AS SECURITY FOR A LOAN.
B. Priority of Liens. NFM will not guarantee or warrant the priority or position of any lien it records on real property.
C. Automated Valuation. Upon your request and purchase, NFM obtains an electronic automated valuation of the subject property from an outside provider. This home valuation is an estimated market value, computed using a proprietary formula. It is not an appraisal. It is a starting point in determining a home’s value. The valuation is calculated from public and in some cases user submitted data; your real estate agent or appraiser physically inspects the home and takes special features, location, and market conditions into account when determining value. We encourage lender and borrowers to supplement this information by doing other research such as:
• Getting a comparative market analysis (CMA) from a real estate agent
• Getting an appraisal from a professional appraiser
• Visiting the borrower’s home (whenever possible)
D. Validity of Terms of Loan. Borrower and Lender are solely responsible for establishing the terms of the Loan and for determining if the Loan terms are in compliance with any applicable local, state or federal laws, including but not limited to laws relating to usury, gift tax and income tax liability. NFM makes no representation regarding the legal validity or enforceability of the terms of the Loan between Borrower and Lender and assumes no responsibility under this agreement for enforcing or interpreting the terms of the Loan. Provision of Loan Documents formalizing the loan between the Borrower and Lender do not imply NFM’s endorsement of, liability for or participation in the creation of the terms of the Loan, or any contract, agreement or other arrangement, whether lawful or illicit, reached by Borrower and Lender. Any dispute between or among Borrower and Lender and their respective successors in interest regarding sums due and paid, or for the compliance with other terms under the Loan Documents and any underlying agreement and similar matters is not the responsibility of NFM. Borrower, Lender and their respective successors in interest jointly and severally shall indemnify and hold NFM harmless from any liability, claim, demand, loss or expense by any party against NFM as a result of or arising out of its performance of the services described throughout this Disclaimer.
E. Compliance with State and Federal Laws. Borrower and Lender are solely responsible for assuring that requirements under any state or federal laws that may apply to the Loan have been met, including the preparation and delivery of any disclosures, notices or other documents required by state or federal law.
F. Use of Loan Documents. Borrower and lender hereby agree that the Loan Documents and any other Services provided by NFM are intended solely for the specific transaction between Borrower and Lender and are for the sole and exclusive use of Borrower and Lender. Any subsequent modifications by the Borrower or Lender to the Loan Documents are done at the sole risk of the party making the changes. NFM will not be responsible for the legal validity of such changes or the affect such changes may have on the validity or enforceability of any Loan Documents which have been altered by the Borrower or Lender. The Loan Documents provided by NFM may not be copied, modified, published, broadcast, or otherwise distributed. Any commercial reproduction or redistribution of the Loan Documents not in accordance with this agreement is expressly prohibited by law, and may result in severe civil and criminal penalties. Violators will be prosecuted to the maximum extent possible. Any other use of the Loan Documents other than those contemplated by this agreement constitutes a violation of this agreement.
THE SITE, APPLICATIONS, AND ALL MATERIALS, DOCUMENTS OR FORMS PROVIDED ON OR THROUGH YOUR USE OF THE SITE OR APPLICATIONS ARE PROVIDED ON AN “AS IS” AND “AS AVAILABLE” BASIS. TO THE FULLEST EXTENT PERMITTED BY LAW, NATIONALFAMILYMORTGAGE.COM EXPRESSLY DISCLAIMS ALL WARRANTIES OF ANY KIND, WHETHER EXPRESS OR IMPLIED, INCLUDING BUT NOT LIMITED TO IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT.
NATIONALFAMILYMORTGAGE.COM MAKES NO WARRANTY THAT: (A) THE SITE, APPLICATIONS, OR THE MATERIALS WILL MEET YOUR REQUIREMENTS; (B) THE SITE, APPLICATIONS, OR THE MATERIALS WILL BE AVAILABLE ON AN UNINTERRUPTED, TIMELY, SECURE OR ERROR-FREE BASIS; (C) THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF THE SITE, APPLICATIONS, OR ANY MATERIALS OFFERED THROUGH THE SITE OR APPLICATIONS, WILL BE ACCURATE OR RELIABLE; OR (D) THE QUALITY OF ANY PRODUCTS, SERVICES, INFORMATION OR OTHER MATERIAL PURCHASED OR OBTAINED BY YOU THROUGH THE SITE, APPLICATIONS, OR IN RELIANCE ON THE MATERIALS WILL MEET YOUR EXPECTATIONS.
OBTAINING ANY MATERIALS THROUGH THE USE OF THE SITE OR APPLICATIONS IS DONE AT YOUR OWN DISCRETION AND AT YOUR OWN RISK. NATIONALFAMILYMORTGAGE.COM SHALL HAVE NO RESPONSIBILITY FOR ANY DAMAGE TO YOUR COMPUTER SYSTEM OR LOSS OF DATA THAT RESULTS FROM THE DOWNLOAD OF ANY CONTENT, MATERIALS, INFORMATION OR SOFTWARE.
A. Malfunction of Computer Equipment and Software. NFM shall not be responsible for any failure in the Services due to malfunction or loss of equipment, software or Internet service providers used by Borrower, Lender or Representative; or from the malfunction or failure of equipment, software or services used by NFM which are beyond the reasonable control of NFM.
B. Use of Third Parties by NFM. NFM reserves the right to use other companies to perform services for NFM (“Third Party Service Providers”). Borrower, Lender and Representative hereby agree to cooperate fully with NFM and any Third Party Service Providers to assure the accurate and timely preparation and execution of all Loan Documents and processing of loan payments.
C. Unauthorized Access or Interception of Data. NFM will have no liability in connection with any unauthorized interception, alteration or use of data relating to the Services including, but not limited to, e-mail correspondence; any inability to use or access the Services or the NFM Site for any reason; any actions or transactions by an individual or party using Borrower’s, Lender’s and/or Representative’s name and password without authorization; or any cause over which NFM does not have direct control, including problems attributable to computer hardware or software (including computer viruses), telephone or other communications, or the parties’ respective internet service providers.
D. Limitation of Liability and Indemnification. The technical language of the following paragraph, necessary for legal purposes, states that if any “third party” – (that is, someone other than you or NFM) – makes any claim against NFM because of you, then you, not NFM, will assume the resulting responsibilities. The specific claims are included in the paragraph below.
“You agree to release, indemnify and hold NFM and its affiliates and their officers, employees, directors and agent harmless from any from any and all losses, damages, expenses, including reasonable attorneys’ fees, rights, claims, actions of any kind and injury (including death) arising out of any third party claims relating to your Use of the Service, any Documents and Submissions, your violation of these Terms and Conditions or your violation of any rights of another.”
If you are a California resident, YOU HEREBY WAIVE CALIFORNIA CIVIL CODE SECTION 1542, which says:
“A GENERAL RELEASE DOES NOT EXTEND TO CLAIMS WHICH THE CREDITOR DOES NOT KNOW OR SUSPECT TO EXIST IN HIS FAVOR AT THE TIME OF EXECUTING THE RELEASE, WHICH IF KNOWN BY HIM MUST HAVE MATERIALLY AFFECTED HIS SETTLEMENT WITH THE DEBTOR.”
Explanation: Under section 1542, a general release, like the one you are agreeing to here, does not apply to cases in which:
(1) a person does not know at the time of signing the release that he or she currently has a favorable claim they could make, and
(2) had he or she known it at the time, they might not have agreed to sign the release.
YOU ARE AGREEING THAT THIS SECTION, EVEN IF YOU ARE A CALIFORNIA RESIDENT, DOES NOT APPLY TO YOU. If you are a resident of some other State or jurisdiction, you waive any similar or comparable statute or doctrine that might be in effect there.
EXCEPT AS PROHIBITED BY LAW, YOU WILL HOLD NATIONALFAMILYMORTGAGE.COM AND ITS OFFICERS, DIRECTORS, EMPLOYEES, AND AGENTS HARMLESS FOR ANY INDIRECT, PUNITIVE, SPECIAL, INCIDENTAL, OR CONSEQUENTIAL DAMAGE, HOWEVER IT ARISES (INCLUDING ATTORNEYS’ FEES AND ALL RELATED COSTS AND EXPENSES OF LITIGATION AND ARBITRATION, OR AT TRIAL OR ON APPEAL, IF ANY, WHETHER OR NOT LITIGATION OR ARBITRATION IS INSTITUTED), WHETHER IN AN ACTION OF CONTRACT, NEGLIGENCE, OR OTHER TORTIOUS ACTION, OR ARISING OUT OF OR IN CONNECTION WITH THIS AGREEMENT, INCLUDING WITHOUT LIMITATION ANY CLAIM FOR PERSONAL INJURY OR PROPERTY DAMAGE, ARISING FROM THIS AGREEMENT AND ANY VIOLATION BY YOU OF ANY FEDERAL, STATE, OR LOCAL LAWS, STATUTES, RULES, OR REGULATIONS, EVEN IF NATIONALFAMILYMORTGAGE.COM HAS BEEN PREVIOUSLY ADVISED OF THE POSSIBILITY OF SUCH DAMAGE. EXCEPT AS PROHIBITED BY LAW, IF THERE IS LIABILITY FOUND ON THE PART OF NATIONALFAMILYMORTGAGE.COM, IT WILL BE LIMITED TO THE AMOUNT PAID FOR THE PRODUCTS AND/OR SERVICES, AND UNDER NO CIRCUMSTANCES WILL THERE BE CONSEQUENTIAL OR PUNITIVE DAMAGES. SOME STATES DO NOT ALLOW THE EXCLUSION OR LIMITATION OF PUNITIVE, INCIDENTAL OR CONSEQUENTIAL DAMAGES, SO THE PRIOR LIMITATION OR EXCLUSION MAY NOT APPLY TO YOU.
Comprehensive Written Information Security Plan
WISP: The term “WISP” refers to National Family Mortgage’s Comprehensive Written Information Security Plan.
PIRN: The term “PIRN” shall mean “Personal Information Requiring Notification.” PIRN is encompassing of any and all data regarding Massachusetts residents held by National Family Mortgage, written or electronic, the improper disclosure of which would trigger written notification to both the Massachusetts Attorney General and the affected Massachusetts residents.
National Family Mortgage follows the statutory definition of “personal information as it is used in 201 CMR 17.00. As such, PIRN means a Massachusetts resident’s first name and last name, or first initial and last name in combination with any one or more of the following data elements which relate to such resident (a) Social Security Number, or truncated Social Security Number (b) Driver’s License number or state-issued identification card number (c) financial account number, or credit or debit card number, with or without any required security code, access code, personal identification number (“PIN”) or password that would permit access to a resident’s financial account. PIRN does not include that information which is lawfully obtained from publicly available information, or from federal, state or local government records lawfully made available to the general public.
Breach: A “breach” shall mean the unauthorized acquisition or unauthorized use of either unencrypted PIRN or, encrypted electronic PIRN along with the confidential decryption process or key that is capable of compromising the security, confidentiality, or integrity of PIRN, maintained by National Family Mortgage, creating a substantial risk of identity theft or fraud against a resident of the Commonwealth.
A good faith but unauthorized acquisition of PIRN by a person, for the lawful purposes of such person, is not a breach unless the PIRN is used in an unauthorized manner or subject to further unauthorized disclosure.
A “breach” shall not include disclosure of PIRN which is legally accessible from an outside legitimate source, or where disclosure is required by court order or where necessary to comply with state or federal regulations.
Data Custodian: A “Data Custodian” is a person or persons, in high-level management or their permitted and documented designee, who have been officially identified as responsible for the operation of a department within National Family Mortgage that requires access to PIRN. Assignment of a designee by a high-level manager, who is expressly or inherently entrusted with PIRN, does not relieve that manager of responsibilities regarding the PIRN.
National Family Mortgage has designated a team, led by the Chief Executive Officer. This Data Security Coordination Team shall be responsible for:
A) Initial implementation of the WISP;
B) Ensuring that training of employees is taking place in a manner consistent with the requirements of the WISP;
C) Appropriate testing and annual review of the WISP;
D) Evaluating the ability of third-party vendors, contractors and service providers to protect the PIRN to which they have been granted access by National Family Mortgage in a manner consistent with 201 CMR 17.00; and taking the steps reasonably necessary to ensure that such third-parties are applying protective security measures at least as stringent as those required to be applied to PIRN under 201 CMR 17.00.
National Family Mortgage’s objective in the development and implementation of this Written Information Security Plan is to ensure effective procedural, administrative, technological and physical safeguards for protecting the personal information of the residents of the Commonwealth of Massachusetts, and to ensure compliance with 201 CMR 17.00.
This WISP sets forth National Family Mortgage’s procedures for evaluating its electronic and physical methods of accessing, collecting, storing, using, transmitting, and protecting PIRN.
National Family Mortgage has made the affirmative decision to identify what is and is not PIRN, and has declined the invitation to treat all records it maintains as PIRN.
The purpose of the WISP is to:
A) Safeguard the security and confidentiality of PIRN.
B) Protect against any reasonably foreseeable threats or hazards to the security of PIRN.
C) Protect against unauthorized access to, or use of PIRN in a manner that creates a substantial risk of identity theft or fraud.
National Family Mortgage shall complete annual reviews of the WISP, and make adjustments, where necessary, to maintain compliance with 201 CMR 17.00.
In formulating and implementing the WISP, National Family Mortgage seeks to (A) identify reasonably foreseeable internal and external risks to the security and confidentiality of any electronic, paper, or other records containing PIRN; (B) assess the likelihood and potential damage from these threats; (C) evaluate the sufficiency of existing policies, procedures, information systems, and other safeguards in place to control risks consistent with the requirements of 201 CMR 17.00 and; (D) regularly monitor the effectiveness of those safeguards.
A copy of the WISP shall be distributed to each employee.
V. Commitment to Limited Collection of, and Access to, PIRN
National Family Mortgage will collect, maintain and store only that PIRN which is reasonably necessary to accomplish the legitimate business purpose for which it is collected; limiting the time PIRN is retained to that reasonably necessary to accomplish such purpose; and limiting access to those persons who are reasonably required to have access to PIRN in order to accomplish such purpose or to comply with state or federal record retention requirements. All persons granted access to PIRN shall be informed of National Family Mortgage’s PIRN security plans, and shall be provided basic training for compliance with its requirements.
VI. Identified Locations of PIRN
National Family Mortgage has identified specific electronic databases and servers, along with physical locations, where PIRN is known to exist. These locations, while not an exhaustive list, are enumerated in Appendix A. It is incumbent upon the Data Custodians in each department, to promulgate amongst their staff with PIRN access, any and all identified locations of PIRN they have access to, and the importance of preserving its confidential nature.
A) Weak passwords used with accounts that have access to PIRN.
B) Computers in publicly accessible areas that are not locked when an assigned employee with access to PIRN has temporarily stepped away from them.
C) Insufficient physical security and controls which compromise access to workspaces and permit use of terminals, theft of equipment or access to paper files.
D) Termination procedures that are not followed, resulting in continued access by former employees to PIRN.
E) Employees transporting data on laptops, or on USB “thumb drives” and other types of removable media.
F) Unencrypted connections to National Family Mortgage data systems over which PIRN could be carried.
G) Incomplete or ineffective training programs explaining to employees what PIRN is, and what National Family Mortgage’s responsibilities are in its handling.
H) Insufficient physical controls, resulting in access to PIRN by unauthorized persons.
I) Malware (including, but not limited to spyware, viruses, worms and trojans), which could compromise the security and integrity of PIRN.
J) Hacking, spoofing and other activities intended to compromise data security and access data and data systems without authorization.
K) Social engineering and improper sharing of PIRN by employees with those not granted permissions to it.
L) Lack of audit procedures.
M) Insufficient separation of systems into particular subnets.
N) Sending/Forwarding PIRN to non-National Family Mortgage email addresses, or third-party vendor data systems.
A) Vendors of National Family Mortgage who have been granted access to PIRN.
B) Data accessed through the improper disposal of electronic media (including hard drives from disposed computers) and paper files.
C) Off-site storage of electronic and paper media.
D) Hacking and other activities intended to compromise data security and access data and data systems without authorization.
E) Consultants and contractors who are not properly vetted.
F) Weak physical security at off-site locations.
G) Sending paper-based PIRN through US mail and private express delivery services.
3. Electronic Data Safeguards
A) Identity Management: National Family Mortgage will maintain a mechanism for managing computer accounts for active employees, and will have in place a mechanism for promptly disabling accounts of those individuals who are no longer employed and/or entrusted by National Family Mortgage.
B) Passwords: National Family Mortgage requires passwords for accessing any system that may contain PIRN. Passwords must be at least eight characters in length, and contain at least three of the following: a numeric character; a special character; a lower case alpha character; and an upper case alpha character. Passwords must be changed at least once every 120 days. National Family Mortgage’s password history is four years, and passwords cannot be reused during this duration. Accounts shall be locked after excessive unsuccessful login attempts. Enforcement of the password policy shall be maintained through electronic means.
Vendor assigned and default passwords shall be changed reasonably promptly, but must be changed before the system accessed through said password contains any PIRN.
Access to PIRN shall be electronically limited to those employees with unique usernames. Access to PIRN shall be electronically limited to those employees with unique usernames. Usernames and passwords with access to PIRN shall not be shared amongst individuals.
C) Timeouts: On a data system where a significant quantity of PIRN is stored, where it is practical, electronic timeouts shall be employed to screen-lock or timeout the user’s session.
D) Access to Computers: Access to computers shall be restricted to those for whom the access is necessary. Persons entrusted with access to PIRN from their accounts shall ensure that they lock their computer screens, their office doors, or both, so that unauthorized access to PIRN does not occur.
E) Data Security and Access Control Lists: National Family Mortgage makes ongoing, self-audited efforts to ensure that only those persons, whose job descriptions and/or vendor-assigned objectives necessitate access to electronically stored PIRN will be granted such access. A Data Custodian must authorize, in writing, any permissions that grant electronic access to shared files and folders that are designated to contain PIRN.
For the purposes of this section, a job description, approved by the appropriate Data Custodian, that necessitates electronic access to share locations which are designated to contain PIRN, shall constitute written permission.
F) Network Design Considerations: National Family Mortgage shall maintain its firewall and Intrusion Prevention Systems so that networks which contain data servers can be discrete from end-user systems.
– Firewall: A commercial-grade firewall shall be maintained at National Family Mortgage protecting systems containing PIRN from both external and internal unauthorized access. The software running on the firewall shall be reasonably current.
-IPS: a commercial-grade Intrusion Prevention System (“IPS”) shall be employed to detect and prevent known attack signatures from traversing to portions of National Family Mortgage’s network. The IPS must have an available subscription service to keep its signatures current, and National Family Mortgage must maintain that subscription.
At a minimum, the IPS must have the capacity to monitor traffic between the major sections of the National Family Mortgage data network.
G) Data Encryption: Where electronic files containing PIRN must unavoidably be taken from a network drive and placed on portable media (including, but not limited to, a computer’s internal hard drives, USB “thumb drives,” externally connected drives and other removable media such as floppy disks), where it is practical, the files containing PIRN shall be encrypted in their entirety using encryption schemes that are commercially-accepted industry standards.
H) Encrypted Network Transmission: Where feasible, when PIRN is transmitted over a data network where data interception is reasonably foreseeable, PIRN will be encrypted using industry standard encryption algorithms.
National Family Mortgage shall maintain SSL Certificates, managed by a trusted root host, which shall be used on web pages served by National Family Mortgage over which there exists the reasonably foreseeable possibility that PIRN may be accessed.
I) VPN: National Family Mortgage shall maintain a Virtual Private Network (“VPN”), which will necessarily be used to encrypt data connections to National Family Mortgage where there is a reasonably foreseeable possibility that PIRN will be carried over the connection and an SSL HTTP connection is not feasible.
J) Security Patches: There shall be reasonably up-to-date versions of virus/malware protective agents running on National Family Mortgage owned computers, which report back to a central server that is reviewed regularly for compliance with policy.
Reasonable means and methods shall be taken to ensure that security-related critical patches are applied to operating systems and application software.
K) Central File Storage: National Family Mortgage shall maintain a file server of sufficient speed and storage capacity to hold any and all electronic documents that may contain PIRN. No PIRN should be stored on individual desktop computers, and PIRN shall not be placed on laptops or removable media absent notification to, and prior written consent from, the appropriate Data Custodian.
L) Encrypted Backups: Wherever feasible, server backups shall be encrypted using an industry-accepted data encryption standard.
M) Employee Orientation, Ongoing Data Security Training and Acceptable Use: National Family Mortgage shall maintain a data security employee training program. A training program will be part of employee orientation, and employees whose positions at National Family Mortgage necessarily place them in contact with PIRN shall be provided additional training, within their departments, commensurate with the potential exposure.
National Family Mortgage will maintain an acceptable use policy with which all persons granted access to National Family Mortgage’s network will be required to comply.
4. Data Retention and Destruction
A) Destruction of records will be done in a commercially acceptable manner so that PIRN cannot be practically read or reconstructed.
B) Where National Family Mortgage contracts with a third-party data destruction company, National Family Mortgage shall obtain written assurances from the third-party that its disposal practices are in compliance with M.G.L. ch. 93I.
5. Paper Based Data Safeguards
A) File Cabinets: Where filing cabinets are to be used for the storage of PIRN, the filing cabinets are to remain locked unless the need to access the files within is imminent or current. Should removal of files containing PIRN from a filing cabinet be necessary, the files themselves must be protected against unauthorized access, and if the files will not be returned to the filing cabinet promptly, the filing cabinet shall be locked. Files must be returned to filing cabinets, which are then to be locked, no later than the end of the workday of the employee which removed them, unless their overnight storage outside their designated filing cabinet is approved, in writing, by the appropriate Data Custodian.
B) Transport: All efforts will be made to minimize the physical transport of printed PIRN, substituting encrypted electronic data transport instead. Where printed PIRN must be transported, the carrier shall either be commercial and bonded, or a trained member of the National Family Mortgage staff.
6. Third Party Entrustment
A) National Family Mortgage shall take all reasonable steps to verify that any third-party vendor, contractor or service provider with access to PIRN maintained by National Family Mortgage has the capacity to protect such PIRN in the manner required by 201 CMR 17.00.
B) National Family Mortgage desires that all third-party vendors, contractors or service providers entrusted with PIRN complete, and submit to National Family Mortgage, a written manifestation of their current and ongoing compliance with the requirements of 201 CMR 17.00. Should the third-party not provide such documentation, or later withdraw their assent to the requirements, National Family Mortgage shall no longer provide any PIRN to said third-party and will take affirmative steps to ensure that previously entrusted PIRN is destroyed in a manner in-line with that which National Family Mortgage would use.
7. Termination of the Relationship that Requires Entrustment of PIRN
Employees may leave, be terminated, or switch roles within National Family Mortgage. The relationship between National Family Mortgage and third parties may change. Where the employee or third-party had access to specific PIRN and the changed relationship negates the need for access, National Family Mortgage shall take specific affirmative steps to ensure that access to PIRN is withdrawn.
A) All records containing PIRN, in any form, must be returned at the time of termination of the relationship. If return is not feasible, destruction in accordance with industry standards, along with proof of such destruction, is acceptable.
B) At the time of termination of the relationship, all electronic and physical access to PIRN must immediately cease and be blocked. Former employees and third parties must return keys, IDs (if not required for other legitimate purposes), access control tokens and cards. Electronic locks access shall be disabled.
C) Continued access to PIRN by former employees and third parties with whom the business relationship has been terminated must be expressly authorized, in writing, by the appropriate Data Custodian.
8. Disciplinary Actions for Violations of the WISP
Employees must comply with the requirements of the WISP. Use of PIRN in a manner not expressly or impliedly granted by National Family Mortgage is prohibited during, and subsequent to, employment at National Family Mortgage. Disciplinary action for infractions of the WISP shall be mandatory, the severity of which shall be commensurate to the infraction and may depend on a number of factors, including but not limited to, the nature of the violation, the nature of the PIRN, and the extent of the unauthorized use, exposure, or disclosure.
9. Breach Procedures
Whenever there is a breach that requires notification under M.G.L. c. 93H § 3, National Family Mortgage shall take, at a minimum, the following steps:
A) A letter shall be sent to the Massachusetts Attorney General, minimally putting forth the information in Appendix B. The letter shall include as an attachment a copy of National Family Mortgage’s WISP, but not including the WISP’s appendices.
B) A letter shall be sent to the affected Massachusetts residents notifying them of the breach and minimally including the information in Appendix C.
C) An immediate mandatory post-incident review of events and actions taken, if any, with a view to determining whether any changes in the security practices are required to improve the security of PIRN.
D) Disciplinary action shall be taken against the individual, or individuals, who caused, or contributed to, the breach.
Appendix A: Identified Locations of Personal Information Requiring Notification (“PIRN”)
–Information available to authorized persons only.–
Appendix B: Minimal Text to be Included in Letter to Attorney General
Pursuant to M.G.L. c. 93H, we are writing to notify you of [a breach of security/an unauthorized access or use of personal information] involving [number] Massachusetts residents].
NATURE OF THE SECURITY BREACH OR UNAUTHORIZED USE OR ACCESS
[This paragraph should provide the date of the incident, a summary of the nature of the incident, a description of the categories of personal information involved in the incident, and whether the personal information that was the subject of the incident was in electronic or paper form].
NUMBER OF MASSACHUSETTS RESIDENTS AFFECTED
[This paragraph should specify the number of affected individuals residing in Massachusetts whose personal information was the subject of the incident. This paragraph should also indicate that these Massachusetts residents have received or will shortly receive notice pursuant to M.G.L. c. 93H, s. 3(b) and should specify the manner in which Massachusetts residents have or will receive such notice. We should also include a copy of the notice to affected Massachusetts residents in our notification to the Attorney General].
STEPS TAKEN OR PLAN TO TAKE RELATING TO THE INCIDENT
[This paragraph should outline all the steps we have taken or plan to take relating to the incident including, without limitation, what we did when we discovered the incident; whether we have reported the incident to law enforcement; whether we have any evidence that the personal information has been used for fraudulent purposes; whether we intend to offer credit morning services to consumers; and what measures we have taken to ensure that similar incidents do not occur in the future.]
OTHER NOTIFICATION AND CONTACT INFORMATION
[Finally, our letter should indicate whether we have provided similar notification to the Director of Consumer Affairs and Business Regulation. We should also include the name and contact information for the person whom the Office of the Attorney General may contact if they have any questions or need further information.]
Appendix C: Minimal Text to be included in Letter to Affected Massachusetts Residents
City, MA, Zip
We are writing to notify you that a [breach of security/unauthorized acquisition or use] of your personal information occurred on [date(s)].
OUR NOTICE MUST INCLUDE THE FOLLOWING INFORMATION:
Under Massachusetts law, you have the right to obtain any police report filed in regard to this incident. If you are the victim of identity theft, you also have the right to file a police report and obtain a copy of it.
Massachusetts law also allows consumers to place a security freeze on their credit reports. A security freeze prohibits a credit reporting agency from releasing any information from a consumer’s credit report without written authorization. However, please be aware that placing a security freeze on your credit report may delay, interfere with, or prevent the timely approval of any requests you make for new loans, credit mortgages, employment, housing or other services.
If you have been a victim of identity theft, and you provide the credit reporting agency with a valid police report, it cannot charge you to place, lift or remove a security freeze. In all other cases, a credit reporting agency may charge you up to $5.00 each to place, temporarily lift, or permanently remove a security freeze.
To place a security freeze on your credit report, you must send a written request to each of the three major consumer reporting agencies: Equifax; Experian; and TransUnion by regular, certified or overnight mail at the addresses below:
• Equifax Security Freeze, P.O. Box 105788, Atlanta, GA 30348
• Experian Security Freeze, P.O. Box 9554, Allen, TX 75013
• Trans Union Security Freeze, Fraud Victim Assistance Department, P.O. Box 6790, Fullerton, CA 92834
In order to request a security freeze, you will need to provide the following information:
1. Your full name (including middle initial as well as Jr., Sr., II, III, etc.)
2. Social Security Number
3. Date of birth
4. If you have moved in the past five (5) years, provide the addresses where you have lived over the prior five years
5. Proof of current address such as a current utility bill or telephone bill
6. A legible photocopy of a government issued identification card (state driver’s license or ID card, military identification, etc.)
7. If you are a victim of identity theft, include a copy of either the police report, investigative report, or complaint to a law enforcement agency concerning identity theft
8. If you are not a victim of identity theft, include payment by check, money order, or credit card (Visa, MasterCard, American Express or Discover only). Do not send cash through the mail.
The credit reporting agencies have three (3) business days after receiving your request to place a security freeze on your credit report. The credit bureaus must also send written confirmation to you within five (5) business days and provide you with a unique personal identification number (PIN) or password, or both that can be used by you to authorize the removal or lifting of the security freeze.
To lift the security freeze in order to allow a specific entity or individual access to your credit report, you must call or send a written request to the credit reporting agencies by mail and include proper identification (name, address, and Social Security number) and the PIN number or password provided to you when you placed the security freeze. as well as the identities of those entities or individuals you would like to receive your credit report or the specific period of time you want the credit report available. The credit reporting agencies have three (3) business days after receiving your request to lift the security freeze for those identified entities or for the specified period of time.
To remove the security freeze, you must send a written request to each of the three credit bureaus by mail and include proper identification (name, address, and Social Security number) and the PIN number or password provided to you when you placed the security freeze. The credit bureaus have three (3) business days after receiving your request to remove the security freeze.
If you should have any further questions, please contact [provide contact information].
Updated October 18, 2016