Privacy Policy

Effective and last updated September 7, 2023

INTRODUCTION

New American Funding, LLC ("NAF," "we," "our," or "us") respects the privacy of your information. This Privacy Policy is designed to assist you in understanding how we collect, use, share, and safeguard your information. This Privacy Policy applies to individuals who access this website and our mobile applications (collectively, "Sites") and any of our online and, where required, offline services (collectively, "Services").

From time to time, we may change this Privacy Policy. If we do, we will post an amended version on this webpage. Please review this Privacy Policy periodically.

If you have a consumer financial product or service with us, we will use and share any information that we collect from or about you in accordance with our U.S. Financial Privacy Notice, which offers you certain choices with respect to the use and sharing of your personal information.

For more information as to our use of cookies and other tracking technologies, please see our Cookie Policy.

This Privacy Policy covers the following topics:

1. PERSONAL DATA WE COLLECT

We collect personal data from you through your use of the Sites and Services. Personal data is information that is linked or reasonably linkable to an identified or identifiable individual. We collect the following types of personal data:

Personal Data You Provide

We collect the following personal data that you voluntarily provide to us in using our Sites and Services:

Get a Quote, Inquire or Request Information. If you request to receive a quote, inquire on one of our Sites, or request information on our products and services, we will collect your first and last name, email address, telephone number, and other general information to customize the service offerings, such as your income range and estimated sale price of the home.
Apply for a Loan. If you apply for a loan, we will collect your first and last name, email address, telephone number, postal address, Social Security number, professional or employment-related information, commercial and financial information such as your loan details and payment history, and information about your preferences and needs to customize your service offerings and user experience. We may use a third party to collect some of this information on our behalf. See the section titled, "THIRD PARTY PROCESSORS" below.
Contact Us or an Agent. If you request to speak with an agent through our online form, we will collect your first and last name, email address, and telephone number. We will also collect your email address and any information you choose to provide to us when you contact us by email.
Register for an Account for Online or Mobile Applications. If you register for an online account through our online or mobile applications to track your loan application and/or manage your loan, we will collect information such as your last name, username and password, loan number, Social Security number, date of birth, email address, and security questions and answers. We also will collect a device identifier and location to provide additional security to protect your account. If you use your online account to make a mortgage payment or sign up for automatic payments, we will also collect your bank account information and other information required to make a payment. We use Black Knight, Inc. to host our online and mobile applications that enable you to manage your loan online and process this information on our behalf. Please see Black Knight, Inc.'s privacy notice here. Additionally, if you use a third party website, such as Google or Facebook, to register or log into our online or mobile applications, we will have access to information that is made available by those websites.
Apply to Join Our Team. If you apply for a job opening or to become a loan officer, we will collect information such as your first and last name, email address, telephone number and home address.

To review or request changes to any of your personal data, please contact us as described in the "HOW TO CONTACT US" section below.

Personal Data as You Navigate Our Sites

We automatically collect certain personal data through your use of the Sites and our use of cookies and other tracking technologies, such as the following:

Usage Information. For example, the pages on the Sites you access, the frequency of access, and what you click on while on the Sites.
Device Information. For example, hardware model, operating system, application version number, and browser.
Mobile Device Information. Aggregated information about whether the Sites are accessed via a mobile device or tablet, the device type, and the carrier.
Location Information. Location information from visitors to the Sites on a city-regional basis.

To learn more about how we use cookies and to manage your cookie settings, please see our Cookie Policy.

Personal Data We Collect About You from Other Sources

In some cases, we may receive personal data about you from other sources, such as advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, social networks, and data brokers.

2. HOW WE USE YOUR PERSONAL DATA

We use the personal data we collect to provide the Services to you, to improve our Sites and Services, and to protect our legal rights. In addition, depending on how you interact with our Sites and Services, we may use the personal data we collect to:

Process your account registration;
Process your loan application;
Review your job application;
Provide member account disclosures and notifications for certain loan activity;
Respond to your requests, feedback, and inquiries;
Contact you regarding our products and services that we feel may be of interest to you – to unsubscribe from our marketing emails, please click the unsubscribe link included in the footer of our emails;
Communicate with you about our Sites or Services or to inform you of any changes to our Sites or Services;
Provide support;
Maintain and improve our Sites and Services;
Protect the security and integrity of our Sites and Services;
Investigate, prevent, or take action regarding illegal activities, suspected fraud, situations involving potential threats to the physical safety of any person, or violations of our Terms of Use, and to otherwise fulfill our legal obligations;
• Monitor compliance with and enforce this Privacy Policy and any other applicable agreements and policies;
Defend our legal rights and the rights of others;
Fulfill any other purposes for which you provide it, or any other purpose we deem necessary or appropriate;
Efficiently maintain our business; and
Comply with applicable law.

3. HOW WE SHARE YOUR PERSONAL DATA

We may share the personal data that we collect about you in the following ways:

With vendors who perform data or site-related services on our behalf (e.g., email, hosting, maintenance, backup, analysis, etc.);
With vendors to prepare, deploy and analyze advertising content;
To the extent that we are required to do so by law;
In connection with any legal proceedings or prospective legal proceedings;
To establish, exercise, or defend our or a third party's legal rights, including providing information to others for the purposes of fraud prevention;
With any person who we reasonably believe may apply to a court or other competent authority for disclosure of that personal data where, in our reasonable opinion, such court or authority would be reasonably likely to order disclosure of that personal data;
With any other person or entity as part of any business or asset sale, equity transaction, merger, acquisition, bankruptcy, liquidation, or similar proceeding or in preparation for any of these events;
With partners to provide you with information about a mortgage loan, real estate and/or home-related products or services that may be of interest to you;
With third parties involved in your transaction, such as real estate agents;
With any other person or entity where you consent to the disclosure; and
For any other purpose disclosed by us when you provide the personal data or for any other purpose we deem necessary, including to protect the health or safety of others.

4. THIRD PARTY SERVICES

Third Party Processors

We use financial information to process your transaction, to improve and expand our service, and to determine your financial health. If you register as a borrower, we will use financial information about you to facilitate your loan request and service your loan. We use this information to process your loan application or transaction and enable payments and fund transfers with financial institutions. If you consent to have NAF request your financial information directly from your financial institution, we may work with a third party to access and collect such information on our behalf.

Software

Company's Websites and Apps may use the Google Maps API, Google Places API Google Geocoding API, Google Geolocation API, Google Street View Static API, Google Maps Elevation API, and/or other Google offerings. Google's Privacy Policy is incorporated herein by reference.

5. OPT-OUT PREFERENCE SIGNALS

The Sites recognize the Global Privacy Control ("GPC") signal. If you are using a browser setting or plug-in that sends an opt-out preference signal to each website you visit, we will treat that as a valid request to opt out. To download and use a browser supporting the GPC browser signal, click here: https://globalprivacycontrol.org/orgs. If you choose to use the GPC signal, you will need to turn it on for each supported browser or browser extension you use.

Some internet browsers incorporate a "Do Not Track" feature that signals to websites you visit that you do not want to have your online activity tracked. Given that there is not a uniform way that browsers communicate the "Do Not Track" signal, the Sites do not currently interpret, respond to, or alter their practices when they receive "Do Not Track" signals.

6. SECURITY

We maintain commercially reasonable security measures to protect the personal data we collect and store from loss, misuse, destruction, or unauthorized access. However, no security measure or modality of data transmission over the Internet is 100% secure. Although we strive to use commercially acceptable means to protect your personal data, we cannot guarantee absolute security.

7. THIRD PARTY LINKS

The Sites may contain links that will let you leave the Sites and access another website. Linked websites are not under our control. We accept no responsibility or liability for these other websites.

8. CHILDREN'S PRIVACY

The Sites and Services are not intended for children under 13 years of age. We do not knowingly collect, use, or disclose personal data from children under 13.

9. NOTICE TO CALIFORNIA RESIDENTS

The California Consumer Privacy Act, as amended by the California Privacy Rights Act of 2020 ("CCPA"), requires that we provide California residents with a privacy policy that contains a comprehensive description of our online and offline practices regarding the collection, use, disclosure, sale, sharing, and retention of personal information and of the rights of California residents regarding their personal information. This section of the Privacy Policy is intended solely for, and is applicable only as to, California residents. If you are not a California resident, this section does not apply to you and you should not rely on it.

The CCPA defines "personal information" to mean information that identifies, relates to, describes, is reasonably capable of being associated with, or could reasonably be linked, directly or indirectly, with a particular California resident or household. Personal information does not include publicly available, deidentified or aggregated information or lawfully obtained, truthful information that is a matter of public concern. For purposes of this "NOTICE TO CALIFORNIA RESIDENTS" section, we will refer to this information as "Personal Information."

The CCPA's privacy rights described below do not apply to Personal Information that we collect, process, sell, or disclose subject to the federal Gramm-Leach-Bliley Act and its implementing regulations or the California Financial Information Privacy Act. Because we are subject to those laws and regulations, much of the Personal Information that we collect is exempt from the CCPA. Your choices and rights with respect to our use and sharing of that information are subject to our U.S. Financial Privacy Notice.

The CCPA's privacy rights also do not apply to certain types of Personal Information subject to the federal Fair Credit Reporting Act ("FCRA"). Some of our services are subject to the FCRA and, therefore, exempt from the CCPA on that basis.

If you are a California resident and a current or former employee, job applicant, or independent contractor of ours, please see our California Privacy Policy for Applicants and Employees for more information on our collection and use of your Personal Information in that capacity.

Notice at Collection of Personal Information

We currently collect and, in the 12 months prior to the Last Updated Date of this Privacy Policy, have collected the following categories of Personal Information:

Identifiers (name, alias, postal address, online identifier, Internet Protocol address, email address, account name, Social Security number, driver's license number, passport number)
Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; customer number, unique pseudonym, or user alias; other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device)
Personal information described in California's Customer Records statute (California Civil Code § 1798.80(e)) (signature, physical characteristics or description, telephone number, bank account number, credit card number, debit card number, or any other financial information (such as bank statements and information about your income and financial obligations), medical information (such as medical debts and disability income), as well as the categories listed in the "Identifiers" category above)
Characteristics of protected classifications under California or federal law (race, color, sex/gender (including pregnancy, childbirth, and/or related medical conditions), age (40 and older), national origin, disability, citizenship status, marital status, military or veteran status, status as a victim of domestic violence, request for family care leave, request for leave for an employee's own serious health condition, request for pregnancy disability leave)
Commercial information (records of personal property, products or services purchased, obtained, or considered; other purchasing or consuming histories or tendencies)
Biometric information (voice recordings, from which an identifier template, such as a voiceprint, can be extracted, keystroke patterns or rhythms)
Internet or other electronic network activity information (browsing history; search history; and information regarding consumer's interaction with website, application, or advertisement)
Geolocation data
Audio, electronic, visual, or similar information
Professional or employment-related information (including employment history)
Education information
Inferences drawn from above information to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes
Sensitive Personal Information (Personal Information that reveals a consumer's Social Security, driver's license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation (1,850 ft.); racial or ethnic origin; the processing of biometric information for the purpose of uniquely identifying a consumer)

We collect Personal Information directly from California residents and from advertising networks, internet service providers, data analytics providers, government entities, operating systems and platforms, social networks, and data brokers. We do not collect all categories of Personal Information from each source.

In addition to the purposes stated in the "HOW WE USE YOUR PERSONAL DATA" section above, we currently collect and have collected the above categories of Personal Information for the following business or commercial purposes:

Auditing related to counting ad impressions to unique visitors, verifying positioning and quality of ad impressions, and auditing compliance with this specification and other standards
Helping to ensure security and integrity to the extent the use of your Personal Information is reasonably necessary and proportionate for these purposes
Debugging to identify and repair errors that impair existing intended functionality
Short-term, transient use, including, but not limited to, non-personalized advertising shown as part of your current interaction with us, provided that your Personal Information is not disclosed to another third party and is not used to build a profile about you or otherwise alter your experience outside the current interaction with us
Performing services, including maintaining or servicing accounts, providing customer service, processing or fulfilling orders and transactions, verifying customer information, processing payments, providing financing, providing analytic services, or providing similar services
Providing advertising and marketing services to you provided that, for the purpose of advertising and marketing, our service providers and/or contractors shall not combine the Personal Information of opted-out consumers that the service provider or contractor receives from us or on our behalf with Personal Information that the service provider or contractor receives from, or on behalf of, another person or persons or collects from its own interaction with you
Undertaking internal research for technological development and demonstration
Undertaking activities to verify or maintain the quality or safety of a service and to improve, upgrade, or enhance the service
Advancing our commercial or economic interests, such as by enabling or effecting, directly or indirectly, a commercial transaction

Sale, Sharing, and Disclosure of Personal Information

The following table identifies the categories of Personal Information that we sold or shared to third parties in the 12 months preceding the Last Updated Date of this Privacy Policy and, for each category, the categories of third parties to whom we sold or shared Personal Information:

Category of Personal Information	Categories of Third Parties
Identifiers (name, alias, postal address, online identifier, Internet Protocol address, email address, account name) Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; customer number, unique pseudonym, or user alias; other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device) Personal information described in California's Customer Records statute (California Civil Code § 1798.80(e)) (physical characteristics or description, telephone number)	Marketing providers Advertising networks Data analytics providers Business partners
Characteristics of protected classifications under California or federal law (age (40 and older))	Marketing providers Advertising networks Data analytics providers Business partners
Internet or other electronic network activity information (browsing history; search history; and information regarding consumer's interaction with website, application, or advertisement)	Marketing providers Advertising networks Data analytics providers Business partners
Geolocation data Audio, electronic, visual, or similar information Inferences drawn from above information to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes	Marketing providers Advertising networks Data analytics providers Business partners

We sold or shared Personal Information to third parties for the following business or commercial purposes:

Auditing related to counting ad impressions
Providing advertising and marketing services
Advancing our commercial or economic interests

The following table identifies the categories of Personal Information that we disclosed for a business purpose in the 12 months preceding the Last Updated Date of this Privacy Policy and, for each category, the categories of recipients to whom we disclosed Personal Information:

Category of Personal Information	Categories of Recipients
Identifiers (name, alias, postal address, online identifier, Internet Protocol address, email address, account name)	Vendors, such as customer support providers, email providers, internet service providers, data storage providers, payment processors, operating systems and other software providers, marketing providers, advertising networks Business partners Government entities, courts, and other legal authorities; attorneys, accountants and auditors; ratings agencies; credit bureaus Government-sponsored and other relevant parties to loan transactions, such as Fannie Mae, Freddie Mac and Ginnie Mae
Identifiers (Social Security number, driver's license number, passport number)	Vendors, such as customer support providers, email providers, internet service providers, data storage providers, payment processors, operating systems and other software providers, marketing providers, advertising networks Government entities, courts, and other legal authorities; attorneys, accountants and auditors; ratings agencies; credit bureaus Government-sponsored and other relevant parties to loan transactions, such as Fannie Mae, Freddie Mac and Ginnie Mae
Unique personal identifiers (device identifier; cookies, beacons, pixel tags, mobile ad identifiers, or other similar technology; customer number, unique pseudonym, or user alias; other forms of persistent or probabilistic identifiers that can be used to identify a particular consumer or device)	Vendors, such as customer support providers, email providers, internet service providers, data storage providers, payment processors, operating systems and other software providers, marketing providers, advertising networks Business partners Government entities, courts, and other legal authorities; attorneys, accountants and auditors; ratings agencies; credit bureaus Government-sponsored and other relevant parties to loan transactions, such as Fannie Mae, Freddie Mac and Ginnie Mae
Personal information described in California's Customer Records statute (California Civil Code § 1798.80(e)) (physical characteristics or description, telephone number, signature, bank account number, credit card number, debit card number, or any other financial information (such as bank statements and information about your income and financial obligations), medical information (such as medical debts and disability income))	Vendors, such as customer support providers, email providers, internet service providers, data storage providers, payment processors, operating systems and other software providers, marketing providers, advertising networks Business partners Government entities, courts, and other legal authorities; attorneys, accountants and auditors; ratings agencies; credit bureaus Government-sponsored and other relevant parties to loan transactions, such as Fannie Mae, Freddie Mac and Ginnie Mae
Characteristics of protected classifications under California or federal law (race, color, sex/gender (including pregnancy, childbirth, and/or related medical conditions), age (40 and older), national origin, disability, citizenship status, marital status, military or veteran status, status as a victim of domestic violence, request for family care leave, request for leave for an employee's own serious health condition, request for pregnancy disability leave)	Vendors, such as customer support providers, email providers, internet service providers, data storage providers, payment processors, operating systems and other software providers, marketing providers, advertising networks Government entities, courts, and other legal authorities; attorneys, accountants and auditors; ratings agencies; credit bureaus Government-sponsored and other relevant parties to loan transactions, such as Fannie Mae, Freddie Mac and Ginnie Mae
Commercial information (records of personal property, products or services purchased, obtained, or considered; other purchasing or consuming histories or tendencies)	Vendors, such as customer support providers, email providers, internet service providers, data storage providers, payment processors, operating systems and other software providers, marketing providers, advertising networks Business partners Government entities, courts, and other legal authorities; attorneys, accountants and auditors; ratings agencies; credit bureaus Government-sponsored and other relevant parties to loan transactions, such as Fannie Mae, Freddie Mac and Ginnie Mae
Biometric information (voice recordings, from which an identifier template, such as a voiceprint, can be extracted, keystroke patterns or rhythms)	Vendors, such as customer support providers, email providers, internet service providers, data storage providers, payment processors, operating systems and other software providers, marketing providers, advertising networks Business partners Government entities, courts, and other legal authorities; attorneys, accountants and auditors; ratings agencies; credit bureaus Government-sponsored and other relevant parties to loan transactions, such as Fannie Mae, Freddie Mac and Ginnie Mae
Internet or other electronic network activity information (browsing history; search history; and information regarding consumer's interaction with website, application, or advertisement)	Vendors, such as customer support providers, email providers, internet service providers, data storage providers, payment processors, operating systems and other software providers, marketing providers, advertising networks Business partners
Geolocation data	Vendors, such as customer support providers, email providers, internet service providers, data storage providers, payment processors, operating systems and other software providers, marketing providers, advertising networks
Audio, electronic, visual, or similar information	Vendors, such as customer support providers, email providers, internet service providers, data storage providers, payment processors, operating systems and other software providers, marketing providers, advertising networks Government entities, courts, and other legal authorities; attorneys, accountants and auditors; ratings agencies; credit bureaus Government-sponsored and other relevant parties to loan transactions, such as Fannie Mae, Freddie Mac and Ginnie Mae
Professional or employment-related information (including employment history); Education information	Vendors, such as customer support providers, email providers, internet service providers, data storage providers, payment processors, operating systems and other software providers, marketing providers, advertising networks Government entities, courts, and other legal authorities; attorneys, accountants and auditors; ratings agencies; credit bureaus Government-sponsored and other relevant parties to loan transactions, such as Fannie Mae, Freddie Mac and Ginnie Mae
Inferences drawn from above information to create a profile about a consumer reflecting the consumer's preferences, characteristics, psychological trends, predispositions, behavior, attitudes, intelligence, abilities, and aptitudes	Vendors, such as customer support providers, email providers, internet service providers, data storage providers, payment processors, operating systems and other software providers, marketing providers, advertising networks
Sensitive Personal Information (Personal Information that reveals a consumer's Social Security, driver's license, state identification card, or passport number; account log-in, financial account, debit card, or credit card number in combination with any required security or access code, password, or credentials allowing access to an account; precise geolocation (1,850 ft.); racial or ethnic origin; the processing of biometric information for the purpose of uniquely identifying a consumer)	Vendors, such as customer support providers, email providers, internet service providers, data storage providers, payment processors, operating systems and other software providers, marketing providers, advertising networks Government entities, courts, and other legal authorities; attorneys, accountants and auditors; ratings agencies; credit bureaus Government-sponsored and other relevant parties to loan transactions, such as Fannie Mae, Freddie Mac and Ginnie Mae

We disclosed Personal Information for the following business or commercial purposes:

Auditing related to counting ad impressions
Helping to ensure security and integrity
Debugging to identify and repair errors
Short-term, transient use
Performing services
Providing advertising and marketing services
Advancing our commercial or economic interests

We do not knowingly collect, sell, or share the Personal Information of consumers under 16 years of age. We do not use Sensitive Personal Information for purposes other than those allowed by the CCPA and its regulations.

Retention of Personal Information

We retain your Personal Information for as long as necessary to fulfill the purposes for which we collect it, such as to provide you with the service you have requested, and for the purpose of satisfying any legal, accounting, contractual, or reporting requirements that apply to us.

Your Rights

If you are a California resident, you have the following rights with respect to your Personal Information:

The right to know what Personal Information we have collected about you, including the categories of Personal Information, the categories of sources from which we collected Personal Information, the business or commercial purpose for collecting, selling, or sharing Personal Information (if applicable), the categories of third parties to whom we disclose Personal Information (if applicable), and the specific pieces of Personal Information we collected about you;
The right to delete Personal Information that we collected from you, subject to certain exceptions;
The right to correct inaccurate Personal Information that we maintain about you;
If we sell or share Personal Information, the right to opt out of the sale or sharing;
If we use or disclose sensitive Personal Information for purposes other than those allowed by the CCPA and its regulations, the right to limit our use or disclosure; and
The right not to receive discriminatory treatment by us for the exercise of privacy rights the CCPA confers.

How to Submit a Request to Know, Delete, and/or Correct

You may submit a request to know, delete, and/or correct through our interactive webform available here or by calling us toll free at (800) 450-2010 Ext. 7100.

As mentioned above, if you are a California resident who has a financial product or service with us, much of the Personal Information that we collect is exempt from the CCPA and, therefore, is not subject to the rights discussed in this "NOTICE TO CALIFORNIA RESIDENTS" section. Your choices and rights with respect to our use and sharing of that information are subject to our U.S. Financial Privacy Notice.

If you are submitting a request on behalf of a California resident, please submit the request through one of the designated methods discussed above. After submitting the request, and if the request is not subject to an exemption or exception, we will require additional information to verify your authority to act on behalf of the California resident.

Our Process for Verifying a Request to Know, Delete, and/or Correct

If we determine that your request is subject to an exemption or exception, we will notify you of our determination. If we determine that your request is not subject to an exemption or exception, we will comply with your request upon verification of your identity and, to the extent applicable, the identity of the California resident on whose behalf you are making such request.

If you maintain a password-protected account, we may verify your identity through existing authentication practices available through your account. Prior to disclosing or deleting the Personal Information, we may ask you to re-authenticate yourself with respect to that account.

If you do not maintain a password-protected account, or if you are an account-holder but we suspect fraudulent or malicious activity with your account, we will verify your identity either to a "reasonable degree of certainty" or a "reasonably high degree of certainty" depending on the sensitivity of the Personal Information and the risk of harm to you by unauthorized disclosure, deletion, or correction as applicable. To do so, we will ask you to verify data points based on information we have in our records concerning you.

Right to Opt Out of Sale or Sharing of Personal Information

If you are a California resident, you have the right to direct us to stop selling or sharing your Personal Information.

You may submit a request to opt out of sales or sharing through our interactive webform available here. If you have enabled privacy controls on your browser (such as a plugin), we will also treat that as a valid request to opt out. Please see the "OPT-OUT PREFERENCE SIGNALS" section above for more information.

Right to Limit Use of Sensitive Personal Information

California residents also have the right to limit our use or disclosure of Sensitive Personal Information if we use it for purposes other than those specified in the CCPA and its regulations. As stated above, we do not currently use or disclose Sensitive Personal Information for purposes other than those allowed by the CCPA and its regulations. However, if you are a California resident, you still may submit a request to limit, and we will record your instructions and incorporate them in the future if our policy changes. You may submit requests to limit through our interactive webform here or by calling us toll free at (800) 450-2010 Ext. 7100.

10. ACCESSIBILITY

We are committed to ensuring this Privacy Policy is accessible to individuals with disabilities. If you are using a screen reader or other auxiliary aid and are having problems viewing this Privacy Policy, please call (800) 450-2010 Ext. 7100 for assistance.

11. MEDIA INFORMATION

We obtain contact details and other personal information regarding media contacts and influencers from a variety of sources, including Cision. If you wish to know about how such information is collected and used, please refer to Cision's privacy policy notice at: www.cision.com/us/legal/privacy-policy/.

12. HOW TO CONTACT US

To contact us for questions or concerns about our privacy policies or practices, please contact us via email at PrivacyRequest@nafinc.com or via telephone at (800) 450-2010 Ext. 7100.

Terms of Use

Last Updated: August 10, 2023

1. APPLICATION OF THESE TERMS OF USE

Your access to and use of any New American Funding, LLC ("Company") website ("Website(s)") or mobile applications (the "Applications," "App," or "Apps"), and any information, documents, tools, products, financial and banking services, realtor services, accounts, and/or other material made available through the Website ("Services"), are subject to the Terms and Conditions of use set forth herein (this "Agreement" or "Terms"). For purposes of this Agreement, (i) the terms "Website" and "Websites" include the Apps; and (ii) "you" or "your" means the person accessing the Website and includes any persons that allow others to provide information about themselves to Company.

THIS AGREEMENT CONSTITUTES A BINDING AGREEMENT BETWEEN YOU AND US. PLEASE READ CAREFULLY THROUGH ALL SECTIONS OF THIS AGREEMENT. YOUR ACCESS TO AND USE OF THE WEBSITES IS SUBJECT TO THIS AGREEMENT AND ALL APPLICABLE LAWS AND WE RESERVE THE RIGHT TO TERMINATE YOUR ACCESS IF YOU VIOLATE THIS AGREEMENT. BY CLICKING ON LINKS WITHIN THE WEBSITES OR WEBPAGES BEYOND THE WEBSITE'S HOMEPAGE, CLICKING ON A BOX OR ICON, OR DOWNLOADING AN APP, YOU ACCEPT OF AND AGREE WITH THESE TERMS WHETHER OR NOT YOU COMPLETE A TRANSACTION WITH COMPANY AND WHETHER OR NOT YOU COMPLETE YOUR TRANSACTION ON THE WEBSITE OR THROUGH OTHER CHANNELS, SUCH AS BY TELEPHONE, EMAIL, FACSIMILE OR OTHERWISE. IF YOU DO NOT AGREE WITH THE TERMS IN THIS AGREEMENT, DO NOT ACCESS OR OTHERWISE USE THE WEBSITES, ANY SERVICES AVAILABLE THROUGH THE WEBSITES, OR ANY INFORMATION CONTAINED ON THE WEBSITES.

MANDATORY ARBITRATION NOTICE AND CLASS ACTION AND JURY TRIAL WAIVER (PLEASE SEE SECTION 22 FOR COMPLETE DETAILS REGARDING MANDATORY ARBITRATION, CLASS ACTION, AND JURY TRIAL WAIVER). This Agreement contains a mandatory (binding) arbitration provision and class action and jury trial waiver clauses. Except for certain types of disputes described in the arbitration section below or where prohibited by applicable law, you agree that disputes between you and us regarding your use of the Websites or Services will be resolved by binding, individual arbitration and you waive your right to participate in a class action lawsuit or class-wide arbitration, including as a class representative. The arbitrator's decision will be subject to very limited review by a court. You will be entitled to a fair hearing but the arbitration procedures are simpler and more limited than rules applicable in court. For more details, please see below.

THIS AGREEMENT ALSO CONTAINS DISCLAIMERS OF WARRANTIES AND LIABILITY (please see Section 15). These provisions form an essential basis of our bargain. In addition to this Agreement, your use of certain Services may be governed by additional terms and conditions. We can change, update, add, or remove provisions of this Agreement at any time by posting the updated Agreement on the Websites. We will make commercially reasonable efforts to notify you of any material changes to this Agreement, however, we are not obligated to. You waive any right you may have to receive specific notice of such changes to this Agreement except for changes to our agreement to arbitration, which is discussed more fully below. Your continued use of the Websites or Services offered in or through the Websites after we have updated this Agreement shall be deemed to constitute acceptance of the then-current Agreement.

2. INFORMATION HANDLING

You consent to Company collecting and sharing your information with 1) its partners to provide you with information about a mortgage loan, real estate and/or home-related products or services that may be of interest to you, and 2) third parties involved in your transaction, such as real estate agents. Information that is shared with Company's partners may only be used by the partners to offer products and services on Company's behalf. To learn more about how we use and protect the privacy of users of the Website, please view Company's Privacy Policy, which is available here.

3. ACCESSING THE WEBSITES AND SERVICES

To access your account on the Websites or with certain Services, we may require you to create a username and password. You agree to follow any requirements that we may have for your username and password (for example, if we have a minimum number of characters, require that a letter be capitalized, or require one of the characters to be a number). For security purposes, you should change your password frequently and you can do so by following the applicable instructions. We recommend that you memorize your password and do not write it down. If you forget your username or password, you may contact us or follow the links available on the sign in page.

You are solely responsible for keeping your password, account numbers, and other account data confidential. You agree not to give your password, or make it available, to any other person. Notwithstanding the foregoing, you acknowledge and agree that if you permit another party to use your username and password to access Services, or otherwise authorize them to use the Services, you are responsible for any and all transactions that the party may make with your account. You agree to notify us immediately if your username and password is compromised or you believe that it may be compromised.

4. SECURITY

You agree that if you access our Services from a computer or mobile device other than your own or if you use your computer in a public place, you will not leave it unattended while using the Services. You agree that, in such situations, you will always log out of your account by clicking the log out button in the top right corner of your screen. You also agree to clear your web browser's cache on a regular basis to remove copies of webpages that may have been temporarily stored. You agree not to provide any of your access information to any person. You shall bear the entire risk for any use thereof, whether you have authorized such use and whether or not you are negligent. If you permit other persons to use your computer or mobile device, login information or any other means to access the Services, you will be held responsible for any transactions they undertake and we will not be liable for any damages resulting to you.

5. AVAILABILITY

You agree and understand that the Websites and Services may not be accessible or may have limited utility over some mobile and internet networks, and that there may be browser or other technical limitations specific to an individual mobile device or computer that will limit or prevent access to your account. We will use reasonable efforts to make the Websites and Services available for your use on a continuous basis. We do not guarantee functionality of the Websites and Services on all mobile devices or computers, on all communication networks, in all geographic regions, or at all times. The Websites and Services may also be temporarily unavailable for regular or emergency system maintenance. We reserve the right to schedule these maintenance periods at any time and without advance notice to you.

6. RESTRICTIONS ON USE

You may only use the Websites for the purposes expressly permitted in this Agreement. You agree that you will not use or attempt to use the Websites for any purpose other than conducting mortgage banking related business with us as our bona fide client, prospective client, business partner, or real estate agent.

You warrant and agree that you will not use the Websites for any purpose that is unlawful or prohibited by federal, state or local law. By accessing or using the Websites, you agree that:

your use of the Websites is subject to and governed by this Agreement;
you will only access or use the Websites and transact business with us if you are at least 18 years of age;
you reside in the United States and the District of Columbia in jurisdictions where Company is licensed to provide mortgage related services;
you will use the Websites solely for the Services offered in the normal course of business;
you will always act in accordance with the law, custom, and in good faith;
you will comply with and be bound by this Agreement as it appears on the Websites each time you access and use the Websites;
each use of the Websites by you indicates and confirms your agreement to be bound by this Agreement; and
this Agreement is a legally binding agreement between you and us that will be enforceable against you.

Without limiting the generality of the foregoing, you may not use or attempt to use the Websites or any part of the Websites for any purpose:

that interferes with or induces a breach of the contractual relationships between Company employees and Company;
that is any way unlawful or prohibited, or that is harmful or destructive to anyone or their property;
that transmits any advertisements, solicitations, schemes, spam, flooding, or other unsolicited Email, unsolicited commercial communications;
that transmits any harmful or disabling computer codes or viruses;
that harvests Email addresses from the Websites;
that transmits unsolicited Email to the Websites or to anyone whose Email address included the domain name of the Websites;
that interferes with Company's network services;
that attempts to gain unauthorized access to Company's network services;
that suggests an express or implied affiliation or broker relationship with Company without express, authorized written permission from the Company;
that impairs or limits Company's ability to operate the Websites or any other person's ability to access and use the Websites;
that uses any methods, means or devices to click on to the Websites or cause a visit to the Websites for the purpose of manipulating the results of any Internet search engine;
that unlawfully impersonates or otherwise misrepresents your affiliation with any person or entity;
that harms minors in any way, including, but not limited to, transmitting or uploading content that violates child pornography laws, child sexual exploitation laws and laws prohibiting the depiction of minors engaged in sexual conduct;
that transmits or uploads pornographic, violent, obscene, sexually explicit, discriminatory, hateful, threatening, abusive, defamatory, offensive, harassing, or otherwise objectionable content or images;
that harms, threatens, harasses, abuses or intimidates another person in any way or involves images or content that depicts, promotes, encourages, indicates, advocates or tends to incite the commission of a crime or other unlawful activities;
that dilutes, devalues, defames, or depreciates Company's name and reputation;
that transmits or uploads any content or images that infringe upon any third party's intellectual property rights or infringe upon any third party's right of privacy; or
that unlawfully transmits or uploads any confidential, proprietary or trade secret information.

This list of prohibited activities provides examples and is not complete or exclusive. We reserve the right to terminate your ability to use the Websites with or without cause and with or without notice, for any reason or no reason, or for any action that we determine is inappropriate or disruptive to the Websites or to any other user of the Websites. We may report to law enforcement authorities any actions that may be illegal, and any reports we receive of such conduct. When legally required or at our discretion, we will cooperate with law enforcement agencies in any investigation of alleged illegal activity on the Websites or on the Internet.

7. INTELLECTUAL PROPERTY

Trademarks, service marks, logos, emblems, slogans, designs and copyrighted works appearing on the Websites are the property of Company or the party that provided them to Company. Company and those third parties retain all rights associated with any of the respective trademarks, service marks, logos, emblems, slogans, designs and copyrighted works appearing on the Websites.

All content, webpages, source code, calculations, products, materials, data, information, text, screens, photos, video, music and sound, functionality, services, design, layout, screen interfaces, "look and feel", design, functionality, and the operation of the Websites (collectively "Content") is the proprietary information of Company or the party that provided or licensed the Content to Company, and is protected by various intellectual property laws, including, but not limited to, copyrights, patents, trade secrets, trademarks, and service marks. All rights associated with the Content are owned by Company, our licensors, or our content providers. Except as otherwise expressly permitted under copyright law, no copying, redistribution, retransmission, publication or commercial or non-commercial exploitation of Content will be permitted without our express, authorized written permission and/or the express, authorized written permission of the copyright owner.

The availability of any Content through the Websites shall under no circumstances constitute a transfer of any copyrights, trademarks, or other intellectual property rights. You do not acquire any license or ownership rights by downloading or viewing any Content or by any other means. You will not in any way copy, reproduce, publish, create derivative works from, perform, upload, post, distribute, transfer, transmit, modify, adapt, reverse engineer, frame in any webpage, or alter the appearance of any Content.

8. USER SUBMISSIONS

The Websites may provide features such as personal webpages or profiles, message boards, and other interactive services (collectively, "Interactive Services") that allow users to upload, post, share, submit, publish, display, or transmit to other users or persons content or materials (collectively, "User Submissions") on or through the Websites.

All User Submissions must comply with the Content Standards set out in Section 9 of this Agreement.

Any User Submissions you post to the Websites will be considered non-confidential and non-proprietary. By providing any User Submissions on the Websites, you grant us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns the right to use, reproduce, modify, perform, display, distribute, and otherwise disclose to third parties any such material for any purpose.

You represent and warrant that:

You own or control all rights in and to the User Submissions and have the right to grant the license granted above to us and our affiliates and service providers, and each of their and our respective licensees, successors, and assigns.
All of you User Submissions do and will comply with this Agreement.

You understand and acknowledge that you are responsible for any User Submissions you submit or contribute and you, not Company, have full responsibility for such content, including its legality, reliability, accuracy, and appropriateness. We are not responsible or liable to any third party for the content or accuracy of any User Submissions posted by you.

If you delete your account, we will stop displaying your User Submissions, but you understand and agree that it may not be possible to completely delete your content from our records, and that your User Submissions may remain viewable elsewhere to the extent that they were copied or stored by other users.

You understand and agree that in performing required technical steps, we may need to make changes to your User Submissions to conform and adapt those User Submissions to the technical requirements of connection networks, devices, services, or media.

All testimonials submitted to us will become and remain our exclusive property, even if the provisions of this Agreement are later modified or terminated. This means that you irrevocably grant to us the unrestricted right (now and in the future, without notice, compensation or other obligation to you or any other person) to use your statement, image, likeness, as they may be used, in any medium, in connection with an advertisement or for any other publicity purpose. You further agree that we may use any percentage or part of your testimonial, image, likeness and/or works, in any way that we see fit, and may exclude your name or use a fictional name or other identifier at our sole discretion.

9. CONTENT STANDARDS

These content standards apply to any and all User Submissions and use of Interactive Services. User Submissions must in their entirety comply with all applicable federal, state, local, and international laws and regulations. Without limiting the foregoing, User Submissions must not:

Contain any material that is defamatory, obscene, indecent, abusive, offensive, harassing, violent, hateful, inflammatory, or otherwise objectionable.
Promote sexually explicit or pornographic material, violence, or discrimination based on race, sex, religion, nationality, disability, sexual orientation, or age.
Infringe any patent, trademark, trade secret, copyright, or other intellectual property or other rights of any other person.
Violate the legal rights (including the rights of publicity and privacy) of others or contain any material that could give rise to any civil or criminal liability under applicable laws or regulations.
Be likely to deceive any person.
Promote any illegal activity, or advocate, promote, or assist any unlawful act.
Cause annoyance, inconvenience, or needless anxiety or be likely to upset, embarrass, alarm, or annoy any other person.
Impersonate any person or misrepresent your identity or affiliation with any person or organization.
Give the impression that they emanate from or are endorsed by us or any other person or entity, if this is not the case.

10. LINKS TO THIRD-PARTY WEBSITES

The Websites may contain links to websites maintained by third parties that are not related to Company. Such links are provided for your convenience and reference only. We do not operate or control in any respect any information, software, products or services available on such websites, and we do not endorse, approve, sponsor or control any such websites' contents, or its sponsoring organization. You acknowledge and agree that the third-party website may have different privacy policies and terms and conditions and/or user guides and business practices than Company, and you further acknowledge and agree that your use of such third-party website is governed by the respective third-party website's privacy policy and terms and conditions and/or user guides. When you leave the Websites for another website, please note that we are not responsible for the accuracy or content of the information provided by that website, nor are we liable for any direct or indirect technical or system issues arising out of your access to or use of third-party technologies or programs available through that website.

We do not permit third-party advertising on the Websites without express written permission from the Company. You will not create links from any website or webpage to the Websites or any webpage therein without our prior written permission.

11. USE OF TECHNOLOGY

Company may request your permission, through a separate consent process, to contact you via phone, whether by live agent or artificial or prerecorded voice, SMS text to your residential or cellular number, whether dialed manually or by auto dialer, or by email, and to send disclosures and communications about a loan inquiry in electronic form through these media.

11.1 Email Policy

Email in General

Our communications to you in email may not accurately represent the entire or final disposition of a matter or constitute our official business, due to brevity or informality. Email is one medium through which information may be exchanged, as when an email message responds to a voice mail. Accordingly, email, by itself, may not accurately reflect the complete communication or our intent as to the subject matter referred to within the communication, nor constitute an official business record of Company. Any official content present in an email communication is qualified in its entirety by any signed writings, which shall govern such content according to their provisions. Also, unless explicitly permitted in a signed writing or necessary by law, the mere receipt of an email by us may not put us on notice, timely or otherwise, of the matters contained within that email.

Confidential Information

The emails we send are confidential (and all attachments to such emails are confidential) and are to be reviewed and/or disclosed to only the individual or entity to whom they are addressed and intended. If you receive an email in error or if it is improperly forwarded to you, the information contained in the email should, at all times, remain confidential and such circumstances shall not authorize you to use or disclose the confidential information. You agree to notify the sender immediately by telephone or email, and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution is strictly prohibited. Emails marked as "Confidential" contain confidential and/or proprietary information that is disclosed under the condition that you treat and maintain such information strictly in a confidential manner and in compliance with all applicable privacy laws and that you ensure such information is not disclosed or used by others, except for the limited and confidential purpose for which it is being provided. By accepting receipt of and/or reviewing confidential information that we provide, you agree to indemnify, defend, and hold us harmless against any and all claims, losses, liabilities, or expenses, including attorneys' fees that we may incur as a result of the unauthorized use or disclosure of confidential information due to your acts or omissions.

Privileged Information

Emails exchanged with or involving our lawyers and legal staff may contain privileged information subject to the attorney-client privilege and/or the attorney work product privilege. Such privileged information shall not be waived if you receive an email in error or if it was improperly forwarded or delivered to you or you otherwise receive such communication by any means. If you are not the intended recipient of privileged information, you agree to notify the sender immediately by telephone or email and delete or destroy the original and any copies. Any unauthorized use, disclosure, reproduction, or distribution of confidential or privileged information is strictly prohibited.

Time Sensitive Instructions & Official Matters; Filters

Do not use email to communicate time-sensitive instructions or official company matters; they may not be received or reviewed by us in a timely manner. Emails are processed through various virus and spam filters which may delay or reject the delivery of an email altogether. Urgent matters should be communicated in person directly with the person of concern via telephone and then confirmed in writing with the appropriate person via fax or email. We reserve the right to block any email source we deem inappropriate.

Business Purposes

Our email facilities are to be used only for conducting business with us. Vendors, suppliers, clients and others receiving email from us may not use our email addresses or contact information (or any other person's email address appearing on or in our email) for any purpose other than corresponding with us for lawful and legitimate business purposes relating to our business. The receipt of an email is not our consent for you to use our email address or contact information for direct marketing purposes or for transfers of data to third parties, and such use is strictly prohibited.

Monitoring of Communications

All emails sent to us or from us may be forwarded, monitored, and/or reviewed by others within Company other than the designated recipient/sender with or without notice to the designated recipient/sender. We may also record or monitor other forms of communications you have with us via the Websites, PC-talk, chat, email, text messages to and from Company-owned cellular devices, and telephone. By using such communication methods, you are consenting to the recording, monitoring, storage, and/or use of the same without further notice.

Unsecured Transmissions

While certain designated areas within our Websites employ technologies to secure your data and the transmissions between you and us, general email uses the Internet, which is an open system, and we cannot provide absolute assurances that all emails (sent or received) are secure, error free, not corrupted, incomplete or virus free and/or that they won't be lost, mis-delivered, destroyed, delayed, intercepted or decrypted by others. We therefore advise against sending sensitive or personally identifiable information over email, and disclaim all liability with regard to emails (and the contents therein) if they are corrupted, lost, destroyed, delayed, incomplete, mis-delivered, intercepted, decrypted or otherwise misappropriated by others.

Viruses

Computer viruses can be transmitted via email through email content, attachments to emails and embedded links. Although our emails are believed to be free of any virus or other defects that might affect computer systems in which they are received and opened, it is your responsibility to ensure that any email you open is virus free. We are not responsible for any loss or damage arising in any way from the receipt, use, storage or transmission of our emails. If we forward an email or reply to a prior email, the contents may have been produced by someone other than us, for which we assume no liability whatsoever. The use of email to introduce any virus, malicious or disabling code, or to otherwise interfere with our email transmissions, telecommunication, or computer networks is prohibited and against the law; violators will be prosecuted to the fullest extent of the law.

In addition to any other disclaimers we make in this Agreement, we disclaim any representation or warranty that our emails are virus free and/or error free. You agree to hold the Company harmless for any loss or damage arising from an email sent or forwarded to you or arising from any email reply or otherwise received by you.

Prohibited Email Content

We prohibit our team members from using email to make or send any type of menacing, defamatory, discriminatory, harassing, offensive or threatening statements or materials, or statements or materials that infringe the copyrights or legal rights of others. Such communications are against our policies and outside the scope of employment of our team members. You agree to hold the Company harmless from any harm, loss, or damage resulting from such communication, and the Company accepts no liability for such communication, and any of our team members responsible for such communication will be personally and solely liable for any damages or other liability arising therefrom. Please report any such violations to our Customer Service Department, 14511 Myford Road, Suite 100, Tustin, CA 92780, or you may call 855-270-7377.

facilities for soliciting any of our team to breach their employment agreements or to interfere with their employment status with us, or which otherwise interferes with our business or economic advantage is strictly prohibited and may result in legal action against you.

11.2 Terms Applicable to Email and Mobile Messaging

Emails are Generally Not Formal Signed Writings; E-Sign Disclosure

Unless explicitly stated otherwise, our emails do not contain or constitute an electronic signature, even if the sender's name appears in the email. An Email communication may not be construed against us as an interest rate lock, an unconditional loan commitment, an unconditional loan approval, an unconditional pre-qualification, an unconditional pre-approval, or any other unconditional offer or agreement to lend. Such documents and agreements are generally sent to clients in formal signed writings from us. Please review our Electronic Consent Agreement for additional information.

Our email shall be deemed Content and subject to the restrictions set forth herein with respect to Content. The only official publishable public statements that can be attributed to us are statements issued by our CEO, President, or Chief Operating Officer.

Negligent Misstatement

In addition to the other disclaimers made in this Agreement, we disclaim any and all responsibility, including responsibility based on negligence or negligent misstatement, for the accuracy, completeness, or reliability of data or information contained in or furnished through email and we make no warranties, express or implied, with respect to such data or information. By using or interacting with the Website and/or reviewing information that we provide, you agree to hold us harmless against any and all claims, losses, liabilities, damages, or expenses, including attorney's fees that you may incur as a result of any negligence or negligent misstatement.

Complaints

Any email complaints should be directed to New American Funding, 14511 Myford Road, Suite 100, Tustin, CA 92780, Attention: Customer Service Department, or you may call 855-270-7377.

12. TERMS APPLICABLE TO ONLINE AND MOBILE BANKING

We offer online and mobile banking services that allow you to make payments on your mortgage loan faster. Our online and mobile banking services allow you to set up monthly payments to be paid automatically or you can make one-time payments for your current payment. The term "Mobile Banking" means the Services that you may access on your Mobile Device through our App. "Mobile Device" means a cell phone, smartphone, tablet, handheld, or wearable communication device that satisfies the hardware and software specifications we require. The term "Online Banking" means the product or service you may access or enroll in through the Websites, including the Mobile Banking services. Please note that not every service available through Online Banking may be available through Mobile Banking and vice versa.

12.1 Services

The Websites provide several electronic banking services that allow you to manage your loan accounts from your home or office on your computer or Mobile Device. These services include, but are not limited to: (i) viewing current loan information and reviewing transaction history; (ii) paying your loans online; (iii) setting up monthly payments; (iv) financial tools; and (v) communicating directly with us through online banking secure messages. When you enroll in our Online Banking service, you will automatically have access to our Mobile Banking service. To use our Mobile Banking service, you must download the App to your Mobile Device. Our Mobile Banking service provides several electronic banking services that allow you to manage your personal accounts from anywhere, anytime, with a compatible and supported Mobile Device.

12.2 Enrollment

To enroll in the Online Banking and/or Mobile Banking services, you must have a mortgage loan with us, and you must complete our New User Registration form online. You will be asked to provide us with certain information including your: (i) loan number; (ii) Social Security number; and (iii) email address.

To sign up for your account, you will create a username and password. You will also be asked to select three security questions and answers to reset your username and password as necessary. Your enrollment in the Services may not be approved if we cannot verify your identity or other necessary information.

It is solely your responsibility to ensure that your contact information is current and accurate. This includes, but is not limited to, your mailing address, phone number, and email address. You may change your contact information through your account on the Website. You must provide all computer and telephone equipment, and software (other than the software we provide) that you need to access the Services. From time to time we may require that you upgrade your computer or Mobile Device software to ensure the proper operation of the Services. You agree to promptly load any such upgrades.

12.3 Account Review

You may review information regarding your consumer loans with us, including your transaction history. Any balances shown will include a date as of which the balance is shown. This balance may not be your actual balance, because it may not include payments in progress.

You are in the best position to discover and report any discrepancies involving your account. You agree to review your account information regularly and when we make your statements available to you. You also agree to notify us as soon as possible of any error, discrepancy, or unauthorized transaction you discover.

12.4 Mortgage Loan Payment

You may submit requests that we transfer funds from your personal bank account to make either one-time or recurring monthly payments on the mortgage loans you have with us. To make a one-time payment, you will provide your bank name, routing number, account number, and account type to us. Your payment must be submitted prior to the cut-off time disclosed on your mortgage statement to ensure it is posted on the same day.

To schedule recurring monthly payments, you will submit the payment effective date (when the auto drafting begins) and the draft date (day of the month when the draft is executed). You may provide an additional payment to the principal if you choose. To set up a recurring payment, you will provide your bank name, routing number, account number, and account type with us. Once set up, we will automatically draft your scheduled payments from your personal bank account. These payments will be deducted monthly unless enrollment is cancelled or the consumer loan is paid in full.

12.5 Stop Payments

You may delete payments through your online account if the payments are still pending verification. After you submit your payment, you may only cancel it by contacting us at the contact information located at https://www.newamericanfunding.com/myloan/ at least one full business day prior to the scheduled payment draft date.

12.6 Late Payments

If you are late on your loan payments, you may be eligible for a repayment plan, loan modification or other loss mitigation option, or you may make a promise to pay statement. The promise to pay statement requires you to choose a next pay date, promising that you can make the current payment prior to the next pay date. If you do not make the scheduled payment, the plan will be broken.

To be eligible for a repayment plan, loan modification or other loss mitigation option, you will need to submit a Request for Mortgage Assistance, which can be found at https://www.newamericanfunding.com/myloan/#paymentrelief.

12.7 Loan Calculator

The Services may provide you with a loan calculator to calculate information such as: the monthly principal payment amount required to pay off your loan by a specific date; when your loan balance will reach the desired loan to value ratio; the effect of making additional monthly principal payments; and the effect of making a lump sum principal payment. We do not guarantee the accuracy of the loan calculators provided on the Websites. Projections are calculated with hypothetical figures that are entered by you with no verification from us. There is no guarantee that the projections given are accurate for your specific situation and can even be achieved. You should seek personal advice from a qualified financial professional.

12.8 Third-Party Aggregation Services

The Websites do not support third-party aggregation services which access your account information in an automated manner. We are not responsible for the use or disclosure of any personal information accessed by any company or person to whom you provide your username and password. If you provide your username and password to a third-party aggregation services provider, we will consider that you have authorized all transactions or actions initiated by such access information you provide, whether or not you were aware of a specific transaction or action. If you decide to revoke the authority you have given to an aggregation website, we strongly recommend that you change your username and password to ensure that the aggregation website cannot continue to access your account information. We also strongly recommend that you use caution and ensure that the third-party aggregation services provider has appropriate policies and practices to protect the privacy and security of any information you provide or to which they are gaining access.

13. MONITORING

We reserve the right, but do not have an obligation, to monitor use of the Websites. In addition, we reserve the right to collect, maintain, indefinitely store, and use (at our sole discretion and without limitation and in compliance with applicable law and our applicable privacy policies or notices) any or all data from your use of or interaction with the Websites including, but not limited to data input by you and analytical data on the functioning, operation, use, and use patterns on, with, and of the Websites. By your use of the Websites, you acknowledge, understand, and agree that we are not obligated to monitor, collect, store, maintain, or return any data from your use of or interaction with the Website and shall not have any liability for the failure to do so.

We use cookies and other technologies provided by third-party vendors to collect information on your use of the Websites, such as pages visited, links clicked, non-sensitive information entered, and mouse movements. This information enables us to build and maintain our service based on user feedback and interaction with our Websites. We also collect information more commonly collected such as the referring URL, browser, operating system, and Internet Protocol ("IP") address. By agreeing to this Agreement, you consent to our use of these cookies and technologies.

14. INDEMNITY

As a condition of use of the Websites and our Services, you agree to hold harmless, defend, and indemnify Company and our affiliates, and all of our and our affiliates, vendors, licensors, employees, officers, directors, agents and representatives, from and against any and all liabilities, expenses (including attorneys' fees), losses, and damages arising out of claims resulting from your use of the Websites, including without limitation any claims alleging facts that if true would constitute your breach of this Agreement or any provision herein, including any use of Content other than as expressly authorized by this Agreement.

15. DISCLAIMERS OF WARRANTIES

The Websites, including all Content, additions, changes and/or improvements, are provided "as-is". It is your responsibility to evaluate the accuracy, completeness, or usefulness of any information, opinion, advice or other content available through the Websites.

To the fullest extent permissible under applicable law, Company disclaims all warranties, express or implied, including, but not limited to, all implied warranties of merchantability, fitness for a particular purpose, title and non-infringement with respect to the Websites. Company makes no representation or warranty regarding the content or operation of the Websites, webpages, or use thereof. The webpages' content on or available through the Websites could include inaccuracies or typographical errors and could become inaccurate because of developments occurring after their respective dates of preparation or publication. Company shall have no obligation to maintain the currency or accuracy of any webpage content on or available through the Websites.

You acknowledge and agree that Company is not, and shall not be, responsible for the results of any defects that may exist in the Websites or their operation. Company makes no representation or warranty that: (i) the operation of the Websites will meet your or any other user's requirements; (ii) access to the Websites will be uninterrupted, timely, secure, or free of errors, viruses or other harmful components; or (iii) any defects in the Website will be corrected. You agree that you, and not Company, will bear the entire cost of all servicing, repair, correction or restoration that may be necessary for your data, software programs or computer equipment because of any viruses, errors or other problems you may have as a result of using, visiting, or interacting with the Websites.

16. TERMINATION OF USE

You acknowledge and agree that Company may, at any time, in its sole discretion, limit, modify, suspend, or terminate your access, use of, or interaction with the Websites with or without cause and with or without delivering notice or explanation to you. This right is in addition to all other rights and remedies available to Company under this Agreement and those provided by law.

17. SUBSCRIPTION AND CANCELLATION

Company reserves the right to implement a subscription term and fee for the use of its Websites and any Services. Company further reserves the right to offer different types of subscriptions and fees. Company reserves the right to implement a subscription fee and term at any time by providing notice to you on the Websites.

If a subscription fee and term is implemented, you will receive written confirmation when your subscription offer has been accepted. Processing of an application or fee for a subscription does not signify acceptance of the subscription offer.

Unless specifically stated otherwise in any subscription offer or other promotion pertaining to your specific subscription, you have the right to cancel your subscription at any time. Cancellation shall take effect at the end of the then-current subscription period and no refunds, credits, or exchanges will be provided for that subscription period. You may exercise your option to cancel through the use of the digital tools on the Websites, or by contacting us directly.

18. LIMITATION OF LIABILITY

Neither Company nor its subsidiaries, affiliates, vendors, or licensors (or any of their employees, agents, officers or directors) shall be held liable for any direct, indirect, punitive, incidental, special or consequential damages or other injury, harm, or damage arising out of or in any way connected with the use or the inability to use the Websites or with the delay or inability to use the Websites, or for any information, software, products and services obtained through the Websites, including but not limited to reliance by you on any information obtained through or from the Websites, or that result from mistakes, omissions, interruptions, deletion of files or emails, errors, defects, viruses, worms, trojan horses, trap doors, back doors, easter eggs, time bombs, cancelbots or other code or computer programming routines that contain contaminating or destructive properties or that are intended to damage, detrimentally interfere with, surreptitiously intercept or expropriate any system, data or personal information, delays in operation or transmission, or any failure of performance, whether or not resulting from acts of god, communications failure, theft, destruction or unauthorized access to our records, programs or services, or otherwise arising out of the use of the Websites, whether resulting in whole or in part, from breach of contract, tortious conduct, negligence, strict liability or otherwise, even if Company and/or our affiliates, vendors and/or licensors have been advised of the possibility of damages.

Applicable law may not allow the exclusion of certain warranties or the limitation or exclusion of liability for incidental or consequential damages. Accordingly, some of the above limitations or exclusions may not apply to you. However, in no event shall the collective total liability of Company and its subsidiaries, affiliates, vendors, or licensors (or any of their employees, agents, or directors) to you for damages, losses, and causes of action (whether in contract, tort, or otherwise) exceed One Hundred Dollars ($100). In no way does this Agreement require New Jersey consumers to waive any rights otherwise protected under the Truth-in-Consumer Contract, Warranty and Notice Act.

19. REASONABLE EFFORTS

While Company will use commercially reasonable efforts to have your application fully processed and closed on or before any applicable rate lock expiration date (if any) and/or anticipated closing date, some processes are not under our reasonable control. For instance, and without limitation, Company cannot be responsible for delays in loan approval or closing due to any of the following: the untimely receipt of an acceptable appraisal; the untimely receipt of required documentation; your existing home not selling; or matters disclosed by a title commitment or survey.

20. DISCLOSURES AND LICENSES

For disclosures, please visit: https://www.newamericanfunding.com/legal/advertising-disclosures/.

For our licensing information, please visit: https://www.newamericanfunding.com/legal/state-licensing/.

21. COPYRIGHT INFRINGEMENT

Company is committed to protecting copyrights and expects you to do the same. The Digital Millennium Copyright Act of 1998 (the "DMCA") provides recourse for copyright owners who believe that material appearing on the Internet infringes their rights under U.S. copyright law. If you believe in good faith that any material used or displayed on Company Websites infringes your copyright, you (or your agent) may send us a notice requesting that the material be removed, or access to it blocked. If you believe that any material on Company Websites infringes a copyright, or any valid intellectual property right, please provide the following information to Company:

A physical or electronic signature that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed;
Identification of the copyrighted work claimed to have been infringed, or, if multiple copyrighted works on Company Websites are intended to be covered by a single notification, a complete list of such works and details or descriptions as to their locations within the Websites;
Identification of the material that is claimed to be infringing or to be the subject of infringing activity and that is to be removed or access to which is to be disabled, and information reasonably sufficient to permit us to locate the material;
Information reasonably sufficient to permit us to contact the complaining party, such as an address, telephone number, and, if available, an electronic mail address at which the complaining party may be contacted;
A statement that you have a good faith belief that use of the material in the manner complained of is not authorized by the copyright owner, its agent, or the law; and
A statement that the information in the notification is accurate, and under penalty of perjury, that you are authorized to act on behalf of the owner of an exclusive right that is allegedly infringed.

Please provide this information to Company Legal Department, who can be reached as follows:

By Mail:
New American Funding
Attn: Legal Department
14511 Myford Road, Suite 100
Tustin, CA 92780

By E-Mail:
legalnoticesandlawsuits@nafinc.com

Due to IT concerns, attachments cannot be accepted on notices sent via e-mail. Accordingly, any notification of infringement submitted electronically with an attachment will not be received or processed.

22. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

In the event that we are not able to resolve a dispute, and with the exception of the claims for injunctive relief by us as described above and otherwise set forth herein, you hereby agree that either you or we may require any dispute, claim, or cause of action ("Claim") between you and us or any third parties arising out of use of the Site, the Services, and any other actions with us (whether based in contract, tort, statute, fraud, misrepresentation, or any other legal theory) to be arbitrated on an individual (non-class) basis. However, both parties retain the right to seek relief in a small claims court (or a state court equivalent) for a Claim within the scope of its jurisdiction so long as the small claims action does not seek to certify a class, combine the claims of multiple persons, recover damages in excess of the limit for a small claim under applicable state law or is not transferred, removed, or appealed from small claims court to any different court. Additionally, if you are a California resident, you retain the right to obtain public injunctive relief from any court with proper jurisdiction.

THERE IS NO JUDGE OR JURY IN ARBITRATION, AND COURT REVIEW OF AN ARBITRATION AWARD IS VERY LIMITED. ADDITIONALLY, ANY ARBITRATION OF A DISPUTE WILL BE ON AN INDIVIDUAL BASIS, AND, THEREFORE, YOU UNDERSTAND AND AGREE THAT YOU ARE WAIVING THE RIGHT TO PARTICIPATE AS A CLASS REPRESENTATIVE OR CLASS MEMBER IN A CLASS ACTION LAWSUIT. AS PART OF THIS WAIVER, YOU AGREE THAT YOU WAIVE THE RIGHT TO ACT AS A PRIVATE ATTORNEY GENERAL IN AN ARBITRATION; THAT EXCEPT AS OTHERWISE PROVIDED IN THIS ARBITRATION AGREEMENT, CLAIMS BROUGHT BY OR AGAINST YOU MAY NOT BE JOINED OR CONSOLIDATED WITH CLAIMS BROUGHT BY OR AGAINST ANY OTHER PERSON; AND THE ARBITRATOR SHALL HAVE NO AUTHORITY TO CONDUCT A CLASS-WIDE ARBITRATION, PRIVATE ATTORNEY GENERAL ARBITRATION OR MULTIPLE-PARTY ARBITRATION.

You and we agree that your use of the Services involves interstate commerce, and that this arbitration agreement shall be interpreted and enforced in accordance with the Federal Arbitration Act (FAA) set forth in Title 9 of the U.S. Code to the fullest extent possible, notwithstanding any state law to the contrary, regardless of the origin or nature of the Claims at issue. The arbitrator must follow, to the extent applicable: (i) the substantive law of the state in which we entered into the transaction giving rise to this arbitration agreement; (ii) the applicable statutes of limitations; and (iii) claims of privilege recognized at law. The arbitrator will not be bound by federal, state or local rules of procedure and evidence or by state or local laws concerning arbitration proceedings.

If either you or we elect to arbitrate a Claim, the dispute shall be resolved by binding arbitration administered under the applicable rules of the American Arbitration Association ("AAA"). Either you or we may elect to resolve a particular Claim through arbitration, even if the other party has already initiated litigation in court related to the Claim, by: (a) making written demand for arbitration upon the other party, (b) initiating arbitration against the other party, or (c) filing a motion to compel arbitration in court.

If this is a consumer-purpose transaction, the applicable rules will be the AAA's Consumer Arbitration Rules. The applicable AAA rules and other information about arbitrating a claim under AAA, including how to submit a dispute to arbitration, may be obtained by visiting its website at https://www.adr.org/ or by calling 1-800-778-7879. If AAA will not serve as the administrator of the arbitration, and you and we cannot then agree upon a substitute arbitrator, you and we shall request that a court with proper jurisdiction appoint an arbitrator. However, we will abide by the applicable AAA rules regardless of the forum. Arbitration shall be conducted in the county and state where you accepted these Terms, you reside, or another reasonably convenient place to you as determined by the arbitrator, unless applicable laws require another location. Judgment on the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. Except as provided in applicable statutes, the arbitrator's award is not subject to review by the court and it cannot be appealed. The parties will have the option to request and receive a statement of reasons for the arbitration award.

If you elect to file the arbitration, and this is a consumer-purpose transaction, you will pay the filing fee to the extent required by AAA's Consumer Arbitration Rules but not to exceed the cost of filing a lawsuit. Any amount above what it would cost you to file a lawsuit, we will pay. All other arbitration fees and expenses shall be allocated to us according to AAA rules. Except for the arbitration fees and expenses, each party shall pay its own costs and fees incurred (including attorneys' fees), unless the arbitrator allocates them differently in accordance with applicable law. This paragraph applies only if this is a consumer-purpose transaction.

Notwithstanding anything to the contrary in these Terms, and except as otherwise set forth in this paragraph, the agreement to arbitration may be amended by us only upon advance notice to you. If we make any amendment to this agreement to arbitration (other than renumbering the agreement to align with any other amendment to the Terms) in the future, that amendment shall not apply to any claim that was filed in a legal proceeding or action against us prior to the effective date of the amendment. The amendment shall apply to all other Claims governed by this agreement to arbitration that have arisen or may arise between you and us. However, we may amend this agreement to arbitration and not provide you notice; in that case, the amendments will not apply to you and the agreement to arbitration contained in these Terms to which you agreed will continue to apply to you and us as if no amendments were made.

If any part of this arbitration provision is invalid, all other parts of it remain valid. However, if the class action limitation is invalid, then this arbitration provision is invalid in its entirety, provided that the remaining Terms shall remain in full force and effect. This arbitration provision will survive the termination of your use of the Site, the Services, and any other actions with us.

You may reject this arbitration provision within thirty (30) days of accepting the Terms by emailing us at legalnoticesandlawsuits@nafinc.com and including in the subject line "Rejection of Arbitration Provision."

Without waiving the foregoing arbitration agreement, this Agreement and its provisions shall be construed, interpreted, governed, and applied in accordance with the laws of the State of California, excluding its conflict of law principles.

23. OTHER TERMS

This Agreement (which hereby incorporates by reference any other provisions applicable to use of the Websites) constitutes the entire agreement between you and us and it supersedes all prior or contemporaneous communications, promises and proposals, whether oral, written or electronic, between you and us with respect to the Websites and information, software, products and services associated with it.

You may not assign, delegate or transfer this Agreement or your rights or obligations hereunder, in any way (by operation of law or otherwise) without Company's prior written consent. Company may transfer, assign, or delegate this Agreement and our rights and obligations hereunder without consent.

If any part of this Agreement is determined to be invalid or unenforceable pursuant to applicable law including, but not limited to, the warranty disclaimers and liability limitations set forth above, then the invalid or unenforceable provision will be deemed superseded by a valid enforceable provision that most closely matches the intent of the original provision, and the remainder of the Agreement shall continue in effect.

Company's Websites and Apps may use the Google Maps API, Google Places API Google Geocoding API, Google Geolocation API, Google Street View Static API, Google Maps Elevation API, and/or other Google offerings. By using Company's Websites and Apps, you are bound by Google's Terms of Service .

No agency, partnership, joint venture, or employment is created as a result of this Agreement and you do not have any authority of any kind to bind Company in any respect whatsoever.

A printed version of this Agreement and of any notice given in electronic form shall be admissible in a legal proceeding based upon or relating to this Agreement to the same extent and subject to the same conditions as other business documents and records originally generated and maintained in printed form. All rights not expressly granted herein are reserved.

PLEASE PRINT AND RETAIN A COPY OF THIS AGREEMENT FOR YOUR RECORDS.

Advertising Disclosures

These disclosures relate to recent advertisements on the internet by or through New American Funding:

The advertised loan is a 30-year Fixed Rate Loan with a 30-year fully amortizing term. The interest rate is 6.625% for 360 months. The disclosed APR is based on the payment of 3.000 discount points. For a $726,200 loan, there is a 6.945% APR with a monthly principal and interest payment of $4,650 for 360 months. Interest rate quoted assumes a purchase with 45 day lock pricing at 60% loan-to-value (LTV), a minimum FICO score of 740 on a primary residence. The actual interest rate, APR and payment may vary based on the specific terms of the loan selected, verification of information, your credit history, the location and type of property, and other factors as determined by Lender. Not available in all states. Payments shown do not include taxes or insurance, actual payment obligations will be greater. Not all applicants will qualify. Rates and terms are effective 9:00AM PST on 4/19/2024 and are subject to change without notice.

The advertised loan is a 15-year Fixed Rate Loan with a 15-year fully amortizing term. The interest rate is 6.000% for 180 months. The disclosed APR is based on the payment of 3.000 discount points. For a $726,200 loan, there is a 6.516% APR with a monthly principal and interest payment of $6,129for 180 months. Interest rate quoted assumes a purchase with 45 day lock pricing at 60% loan-to-value (LTV), a minimum FICO score of 740 on a primary residence. Interest rate quoted assumes a purchase of a primary residence. The actual interest rate, APR and payment may vary based on the specific terms of the loan selected, verification of information, your credit history, the location and type of property, and other factors as determined by Lender. Not available in all states. Payments shown do not include taxes or insurance, actual payment obligations will be greater. Not all applicants will qualify. Rates and terms are effective 9:00AM PST on 4/19/2024 and are subject to change without notice.

This is a VA program. Current guidelines for VA Financing can be found at https://www.benefits.va.gov/homeloans/index.asp. The advertised loan is a VA 30-year Fixed Rate Loan with a 30-year fully amortizing term. The interest rate is 6.250% for 360 months. The disclosed APR is based on the payment of 3.000 discount points. For a $726,200 loan, there is a 6.922% APR with a monthly principal and interest payment of $4,472 for 360 months. Interest rate quoted assumes a purchase with 45 day lock pricing at 100% loan-to-value (LTV), a minimum FICO score of 740 on a primary residence. The actual interest rate, APR and payment may vary based on the specific terms of the loan selected, verification of information, your credit history, the location and type of property, and other factors as determined by Lender. Not available in all states. Payments shown do not include taxes or insurance, actual payment obligations will be greater. Not all applicants will qualify. Rates and terms are effective 9:00AM PST on 4/19/2024 and are subject to change without notice.

The advertised loan is an FHA 30-year Fixed Rate Loan with a 30-year fully amortizing term. The interest rate is 6.250% for 360 months. The disclosed APR is based on the payment of 3.000 discount points. For a $726,200 loan, there is a 7.484% APR with a monthly principal and interest payment of $4,472 for 360 months. Interest rate quoted assumes a purchase at 80% loan-to-value (LTV), a minimum FICO score of 740 on a primary residence. The actual interest rate, APR and payment may vary based on the specific terms of the loan selected, verification of information, your credit history, the location and type of property, and other factors as determined by Lender. Not available in all states. Payments shown do not include taxes, hazard insurance, or mortgage insurance; actual payment obligations will be greater. Not all applicants will qualify. Rates and terms are effective 09:00AM PST on 4/19/2024 and are subject to change without notice.

Reverse Mortgage - Borrower must pay required taxes and insurance

Refinance: By refinancing your existing loan, your total finance charges may be higher over the life of the loan

Your Consent to Do Business Electronically
(The Electronic Consent Agreement)

Please read the following important information. By signing this Agreement, you are agreeing that you have reviewed this Electronic Consent Agreement and consent to transaction business using electronic communications, to receive notices and disclosures electronically, and to utilize electronic signatures instead of using paper documents.

The loan for which you are applying involves various disclosures, records, and documents ("Loan Documents"), including this Electronic Consent Agreement. The purpose of this Electronic Consent Agreement is to obtain Your consent to receive certain Loan Documents from Us in electronic form rather than in paper form. With Your consent, You will also be able to sign and authorize these Loan Documents electronically, rather than on paper.

Before We can engage in this transaction electronically, it is important that You understand Your rights and responsibilities. Please read the following and affirm Your consent to conduct business with Us electronically. For purposes of this Electronic Consent Agreement, "eDisclosures" means the Loan Documents related to this transaction that are provided electronically, "You" and "Your" mean the borrower(s) under the applicable loan to which such Loan Documents apply, and "We", "Our" and "Us" mean the applicable mortgage broker(s), loan processor(s) or mortgage banker(s) with whom You are transacting business for such loan(s).

Your Consent

Your consent to participate in this transaction electronically will apply to all Loan Documents for the applicable loans for which You are applying. If You provide Your consent by clicking the "I agree" button at the bottom of the page, We will conduct this transaction electronically, instead of providing You with the Loan Documents in paper form.
If a document related to Your loan is not available in electronic form, a paper copy will be provided to You free of charge.
Conducting this transaction electronically is an option. If You choose not to accept receipt of eDisclosures, paper Loan Documents will be mailed to You.
If You do not consent to receive these Loan Documents electronically, You will be provided with copies of the Loan Documents in paper form. Additionally:
You will not be required to pay a fee for receiving paper copies of the Loan Documents.

Withdrawal of Consent

If You originally consent to receive eDisclosures, but later withdraw Your consent, You will not be required to pay a fee for withdrawing consent and receiving paper copies of the Loan Documents.
You have the right to withdraw Your consent at any time. By declining or revoking Your consent to receive eDisclosures, We will provide You with the Loan Documents in paper form.
If You originally consent to receive eDisclosures, but later decide to withdraw Your consent, You can do so by notifying Us at 855-270-7377 or by written letter addressed to Customer Service Department, New American Funding, 14511 Myford Road, Suite 100, Tustin, CA 92780.

Obtaining Paper Copies

After Your consent is given, You may request from Us paper copies of Your Loan Documents. Please send this request to Us at 855-270-7377 or Customer Service Department, New American Funding, 14511 Myford Road, Suite 100, Tustin, CA 92780.
If You request paper copies of the Loan Documents You will not be required to pay a fee for receiving paper copies of the Loan Documents.

System Requirements

The following are the minimum computer software and hardware requirements necessary to access/receive and retain eDisclosures electronically:

Personal computer or other device which is capable of accessing the Internet
Web browser (Current versions of Mozilla Firefox, Chrome, Edge, Safari)
Adobe Acrobat Reader® (visit http://get.adobe.com/reader/ if you need to download the latest version) or other equivalent software
An active internet email address
A printer or the ability to download and save information to your personal computer or device

If the software or hardware requirements change in the future, and You are unable to continue receiving eDisclosures, paper copies of such Loan Documents will be mailed to You once You notify Us that You are no longer able to access the eDisclosures because of the changed requirements. We will use commercially reasonable efforts to notify You before such requirements change. If You choose to withdraw Your consent upon notification of the change, You will be able to do so without penalty.

How We Can Reach You

You must promptly notify Us if there is a change in Your email address or in other information needed to contact You electronically. You can contact Us at 855-270-7377 or by sending a letter to Us addressed to Customer Service Department, New American Funding, 14511 Myford Road, Suite 100, Tustin, CA 92780.
We will not assume liability for non-receipt of notification of the availability of eDisclosures in the event Your email address on file is invalid; Your email or Internet service provider filters the notification as "spam" or "junk mail"; there is a malfunction in Your computer, browser, Internet service and/or software; or for other reasons beyond Our control.

On-Time Closing Guarantee - Terms and Conditions

New American Funding (NAF) provides an on-time closing guarantee, subject to the following terms and conditions:

NAF must receive from the borrower a copy of a fully executed purchase agreement for a specific residential real property located in a state where NAF is licensed to originate mortgage loans. The fully executed purchase agreement must identify a specific closing date not to occur sooner than thirty (30) calendar days after the date that the purchase agreement is received by NAF, and the specified closing date cannot be moved to a sooner date at any time. The fully executed purchase agreement must identify no contingencies that extend more than ten (10) calendar days after the purchase agreement is received by NAF, except for a contingency that (i) relates to the approval of borrower for financing on application made to NAF, or (ii) relates to the borrower selling a primary residence on or before the specified closing date in the purchase agreement. The specified closing date in the purchase agreement for borrower’s loan must be a day that NAF is open for business, excluding specifically all Saturdays, Sundays and federal holidays.
Borrower must fully complete and sign a standard loan application with NAF for a first lien position mortgage loan on the residential real property identified in the fully executed purchase agreement not more than sixty (60) calendar days prior to the date that the purchase agreement is received by NAF. The specific residential real property cannot change prior to the specified closing date in the purchase agreement. The application and all supporting documentation, whether submitted with the application or at any other time, cannot contain any fraudulent or misleading information or representations. Once the completed and signed application is received by NAF, there cannot be any change in borrower’s employment or any other change in borrower’s loan qualifying information that has an adverse effect on borrower’s qualifying eligibility, in NAF's sole discretion. No assignment of the purchase agreement or substitute borrower is eligible for this offer. If more than one borrower, all of these terms and conditions relate separately to each borrower.
Borrower must return to NAF all required signed disclosures and a signed Intent to Proceed document within three (3) business days after the fully executed purchase agreement is received by NAF.
Each borrower must completely satisfy all loan program requirements and conditions for approval at least eight (8) business days prior to the specified closing date in the fully executed purchase agreement.
NAF’s offer of an on-time closing guarantee is void if closing is delayed beyond the specified closing date in the fully executed purchase agreement first delivered to NAF due to the acts or omissions of either the seller(s) or borrower(s); the acts, omissions, negligence or malfeasance of another party not the seller, borrower or NAF; any delay by a government agency in delivering any item or approval necessary for closing; or any natural disaster or an extraordinary event or circumstance beyond the control of the parties (including, among others, weather or catastrophic event, war, strike, riot, crime, or act of terrorism). Likewise, the offer of an on-time closing guarantee is void if, at least five (5) days prior to the specified closing date in the fully executed purchase agreement, the appraised value of the real property identified in the purchase agreement does not equal or exceed the sales price identified in the purchase agreement, or any required repairs or other work identified in the appraisal is not complete. Further, the on-time closing guarantee is void if a contingency for the sale of borrower’s primary residence is not clear prior to or at the closing specified in the fully executed purchase agreement.
The offer is void where prohibited by applicable law or investor requirements. The offer is also void in the event that, due to re-disclosure prior to closing, federal or state regulatory requirements require any waiting period that extends beyond the specified closing date in the fully executed purchase agreement.

NAF reserves the right to amend or terminate its on-time closing guarantee at any time, with or without notice; however, a borrower remains eligible to receive the terms and conditions of the on-time closing guarantee available on the date that NAF has received both (i) a fully executed purchase agreement with a closing date not less than thirty (30) calendar days from NAF’s receipt for a specific residential real property located in a state where NAF is licensed to originate mortgage loans, and (ii) fully completed and signed standard loan application documents. Other restrictions may apply, so please contact NAF for specific details at the time of submitting the required documents.

This is not an offer to lend or to extend credit, nor is this a guaranty of loan approval or commitment to lend. The information here may not be up-to-date and may no longer be accurate. Consumers must independently verify the accuracy and currency of the on-time closing guarantee terms and conditions. All of the above terms and conditions are subject to the borrower(s) satisfying all underwriting guidelines and loan approval conditions and providing an acceptable property, appraisal and title report.

Program and Property Exclusions

USDA loans
Mortgage Revenue Bond Programs
Bank-owned properties and Short Sale Transactions
Brokered Loan Transactions
Refinance Transactions
Reverse Mortgage Transactions
Renovation Loan Transactions
Jumbo loans
NAF employee loans
Non-warrantable condominiums
All properties located in a flood zone
Manufactured homes
Non-QM Loans
Down Payment Assistance Loans

New American Funding
www.newamericanfunding.com • NMLS #6606

State Disclosures for Serviced Loans

The disclosures below apply to loans serviced by New American Funding.

Errors, Disputes, and Information Requests - Notices of errors, disputes and information requests must be submitted to New American Funding in writing at New American Funding, Attn: Complaints Department, P.O. Box 170581, Austin, TX 78717-0031.

NEVADA PROPERTY OWNERS - For Collection purposes, New American Funding, LLC’s Nevada Collection Agency License number is CAX10014, and New American Funding, LLC’s Compliance Manager Certificate Identification Number is CM12639.

NEW YORK PROPERTY OWNERS - Please be advised that we do business in the state of New York using the following business name: New American Funding, LLC.

NORTH CAROLINA PROPERTY OWNERS - For collection purposes, New American Funding, LLC address for mailing payments is: P.O. BOX 170581, Austin, TX 78717-0031 and the physical address is: 8201 N FM 620 Suite 120, Austin, TX 78726. The North Carolina Collection Agency Permit Number is: 513660430.

OREGON PROPERTY OWNERS - Borrowers: The Oregon Division of Financial Regulation (DFR) oversees residential mortgage loan servicers who are responsible for servicing residential mortgage loans in connection with real property located in Oregon and persons required to have a license to service residential mortgage loans in this state. If you have questions regarding your residential mortgage loan, contact your servicer at 800-893-5304. To file a complaint about unlawful conduct by an Oregon licensee or a person required to have an Oregon license, call DFR at 888-877-4894 or visit dfr.oregon.gov.

TEXAS PROPERTY OWNERS - COMPLAINTS REGARDING THE SERVICING OF YOUR MORTGAGE SHOULD BE SENT TO THE DEPARTMENT OF SAVINGS AND MORTGAGE LENDING, 2601 NORTH LAMAR, SUITE 201, AUSTIN, TX 78705. A TOLL-FREE CONSUMER HOTLINE IS AVAILABLE AT 877-276-5550. A complaint form and instructions may be downloaded and printed from the Department's website at www.sml.texas.gov or obtained from the Department upon request by mail at the address above by telephone at its toll-free consumer hotline listed above, or by email at smlinfo@sml.texas.gov.

Cookie Policy

Effective Date: April 18, 2023

Like many other companies, New American Funding, LLC (“NAF,” “we,” “our,” or “us”) uses cookies and other tracking technologies (such as pixels) (collectively, “Cookies”) when you visit our website (“Site”), and use the services provided through our Site (collectively, “Services”). This Cookie Policy explains how we use Cookies and how you can manage them. Please review our Privacy Policy to learn more about our privacy practices.

This Cookie Policy covers the following topics:

1. COOKIES AND ONLINE TRACKING TECHNOLOGIES WE USE

“Cookies” are small files of information that are stored by your web browser software on your computer hard drive, mobile or other devices (e.g., smartphones or tablets).

We may use the following types of Cookies:

Strictly Necessary Cookies

These Cookies are necessary for the website to function and cannot be switched off in our systems. They are usually only set in response to actions made by you which amount to a request for services, such as setting your privacy preferences, logging in or filling in forms. You can set your browser to block or alert you about these Cookies, but some parts of the Site will not then work. These Cookies do not store any personally identifiable information.

We use Google reCAPTCHA, a free service provided by Google, Inc., to protect our Site from spam and abuse. Google reCAPTCHA uses advanced risk analysis techniques to decipher humans and bots. Google reCAPTCHA works differently depending on what version is deployed. For example, you may be asked to check a box indicating that you are not a robot or Google reCAPTCHA may detect abusive traffic without user interaction. Google reCAPTCHA works by transmitting certain types of information to Google, such as the referrer URL, IP address, visitor behavior, operating system information, browser and length of the visit, cookies, and mouse movements. Your use of Google reCAPTCHA is subject to Google’s Privacy Policy and Terms of Service. More information as to Google reCAPTCHA and how it works is available here.

Performance Cookies

These Cookies allow us to count visits and traffic sources so we can measure and improve the performance of our Site. They help us to know which pages are the most and least popular and see how visitors move around the Site. If you do not allow these Cookies we will not know when you have visited our Site and will not be able to monitor its performance.

We use Google Analytics, a web analytics service provided by Google, Inc. Google Analytics uses Cookies or other tracking technologies to help us analyze how users interact with the Site and Services, compile reports on their activity, and provide other services related to their activity and usage. The technologies used by Google may collect information such as your IP address, time of visit, whether you are a returning visitor, and any referring website. The information generated by Google Analytics will be transmitted to and stored by Google and will be subject to Google’s privacy policies . To learn more about Google’s partner services and to learn how to opt out of tracking of analytics by Google, click here.

We may use Cookies and similar technologies third-party vendors provide to collect information on your use of the Site, such as pages visited, links clicked, non-sensitive information entered, and mouse movements. This information enables us to build and maintain our service based on user feedback and interaction with our Site. We also collect information more commonly collected such as the referring URL, browser, operating system, and Internet Protocol (“IP”) address.

Functional Cookies

These Cookies enable the website to provide enhanced functionality and personalization. They may be set by us or by third party providers whose services we have added to our pages. If you do not allow these Cookies, then some or all of the Services may not function properly.

Targeting Cookies

These Cookies may be set through our Site by our advertising partners. They may be used by those companies to build a profile of your interests and show you relevant advertisements on other websites. If you do not allow these Cookies, you will experience less targeted advertising.

Social Media Cookies

These Cookies are set by a range of social media services that we have added to the Site to enable you to share our content with your friends and networks. They are capable of tracking your browser across other websites and building a profile of your interests. This may impact the content and messages you see on other websites you visit. If you do not allow these Cookies, you may not be able to use or see these sharing tools.

2. HOW YOU CAN MANAGE COOKIES

Browser Settings

You can block Cookies by changing your Internet browser settings to refuse all or some Cookies. If you choose to block all Cookies (including essential Cookies) you may not be able to access all or parts of the Site.

You can find out more about Cookies and how to manage them by visiting www.AboutCookies.org or www.AllAboutCookies.org.

Platform Controls

You can opt out of Cookies set by specific entities by following the instructions found at these links:

Adobe: https://www.adobe.com/privacy/opt-out.html
Google: https://adssettings.google.com
Facebook: https://www.facebook.com/about/ads
LinkedIn: https://www.linkedin.com/psettings/guest-controls/retargeting-opt-out
Microsoft: https://account.microsoft.com/privacy/ad-settings/
Twitter: https://twitter.com/personalization
Yahoo: https://policies.yahoo.com/xa/en/yahoo/privacy/topics/opt-outfaq/

Advertising Industry Resources

You can understand which entities have currently enabled Cookies for your browser or mobile device and how to opt out of some of those Cookies by accessing the Network Advertising Initiative’s website or the Digital Advertising Alliance’s website. For more information on mobile specific opt-out choices, visit the Network Advertising Initiative’s Mobile Choices website .

Please note that these opt-out mechanisms are specific to the device or browser on which they are exercised. Therefore, you will need to opt out on every browser and device that you use.

3. HOW TO CONTACT US

To contact us with questions or concerns about our privacy policies or practices, please email PrivacyRequest@nafinc.com.

Privacy Policy

Privacy Policy

INTRODUCTION

1. PERSONAL DATA WE COLLECT

2. HOW WE USE YOUR PERSONAL DATA

3. HOW WE SHARE YOUR PERSONAL DATA

4. THIRD PARTY SERVICES

5. OPT-OUT PREFERENCE SIGNALS

6. SECURITY

7. THIRD PARTY LINKS

8. CHILDREN'S PRIVACY

9. NOTICE TO CALIFORNIA RESIDENTS

10. ACCESSIBILITY

11. MEDIA INFORMATION

12. HOW TO CONTACT US

Terms of Use

1. APPLICATION OF THESE TERMS OF USE

2. INFORMATION HANDLING

3. ACCESSING THE WEBSITES AND SERVICES

4. SECURITY

5. AVAILABILITY

6. RESTRICTIONS ON USE

7. INTELLECTUAL PROPERTY

8. USER SUBMISSIONS

9. CONTENT STANDARDS

10. LINKS TO THIRD-PARTY WEBSITES

11. USE OF TECHNOLOGY

11.1 Email Policy

11.2 Terms Applicable to Email and Mobile Messaging

12. TERMS APPLICABLE TO ONLINE AND MOBILE BANKING

12.1 Services

12.2 Enrollment

12.3 Account Review

12.4 Mortgage Loan Payment

12.5 Stop Payments

12.6 Late Payments

12.7 Loan Calculator

12.8 Third-Party Aggregation Services

13. MONITORING

14. INDEMNITY

15. DISCLAIMERS OF WARRANTIES

16. TERMINATION OF USE

17. SUBSCRIPTION AND CANCELLATION

18. LIMITATION OF LIABILITY

19. REASONABLE EFFORTS

20. DISCLOSURES AND LICENSES

21. COPYRIGHT INFRINGEMENT

22. MANDATORY ARBITRATION AND CLASS ACTION AND JURY TRIAL WAIVER

23. OTHER TERMS

Advertising Disclosures

Your Consent to Do Business Electronically(The Electronic Consent Agreement)

Your Consent

Withdrawal of Consent

Obtaining Paper Copies

System Requirements

How We Can Reach You

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