Financial companies choose how they
share your personal information. Federal law gives consumers the right to
limit some but not all sharing. Federal law also requires us to tell you
how we collect, share, and protect your personal information. Please read
this notice carefully to understand what we do.
The types of personal information we
collect and share depend on the product or service you have with us. This
information can include:
- Social Security number and income
- Account balances and payment history
- Your contact information
- Your business history with us
- Credit history and credit bureau scores
All financial companies need to share
customers’ personal information to run their everyday business. In the
section below, we list the reasons financial companies can share their
customers’ personal information; the reasons FundingWay chooses
to share; and whether you can limit this sharing.
For our everyday business purposes—such as
to process your transactions, maintain your account(s), respond to court
orders and legal investigations, or report to credit bureaus
For our marketing purposes— to offer our products and services to you
For joint marketing with other financial companies?
For our affiliates' everyday business purposes - information about your transactions and experiences
For our affiliates' everyday business purposes - information about your creditworthiness?
For our affiliates to market to you?
For non-affiliates to market to you?
If you are a new customer, we can begin sharing your
information 30 days from the date we sent this notice. When you are no
longer our customer, we continue to share your information as
described in this notice.
However, you can contact us at any time to limit our sharing.
Call Toll Free: (888) 986-1280 or Online
Who is providing this notice?
FundingWay, its parent company, assignees and licensors.
How Does FundingWay protect my personal information?
To protect your personal information from unauthorized access and
use, we use security measures that comply with federal law. These measures
include computer safeguards, data encryption, secured files and buildings.
Why can’t I limit all sharing?
Federal law gives you the right to limit only:
- Sharing for affiliates’ everyday business
purposes—information about your creditworthiness
- Affiliates from using your information to
market to you
- Sharing for non-affiliates to market to
State laws and individual companies may give you additional rights to
limit sharing. See below for more on your rights under state law.
What happens when I limit sharing for an account I hold jointly with someone else?
Your choices will apply to everyone on your
account—unless you tell us otherwise.
Companies related by common ownership or control. They can be
financial and nonfinancial companies.
Companies not related by common ownership or control. They can be financial and nonfinancial companies.
Nonaffiliates we share with can include lending institutions named below, their direct and indirect affiliates, as well as other consumer finance companies; financial service providers including insurance companies and motor vehicle dealers and their lending partners; nonfinancial companies such as retailers, aftermarket product providers, co-branded partners, direct marketers, and advertisers.
A formal agreement between non-affiliated financial and nonfinancial companies that together market products or services to you.
Our joint marketing partners include companies such as lending institutions, financial service providers, motor vehicle dealers, insurance companies, aftermarket product providers, co-branded partners, direct marketers, advertisers and retailers.
Your Application Submission
When you complete and submit the application form, you certify that all of the statements in the application are true and complete and are made for the purpose of obtaining credit. You authorize FundingWay to share your application and related information with its lending partner(s) and Finance Lending Institutions in order to complete the processing of your application. You authorize FundingWay its lending partners and Finance Lending Institutions to retain and rely on your application, to access your credit report in order to evaluate your credit application and to verify the information in your application, including income and employment. In addition, you acknowledge that you have read the state-specific notices related to your application and agree to receive Electronic Documents. You further authorize FundingWay’s lending partner(s) and Finance Lending Institutions to disclose any credit decision and related credit decision details to FundingWay and other lending partners. By clicking the 'Submit' button at the bottom of the form, you authorize third-party lending institutions and Finance Lending Institutions to share information in your application, and any other credit information they obtain, with other third parties who may be able to offer or arrange for a direct loan and/or dealer financing. FundingWay, it's Finance Lending Institutions and up to five participating dealers, lenders and other third parties may contact me on any number provided, using automated telephone dialing systems, text and/or pre-recorded messages to expedite my request and present other relevant offers. By clicking the submit button, I am consenting to these methods of contact. Consent is not required as a condition of the services.
Last updated March 24, 2013
This Online Privacy Notice (Notice) applies to the FundingWay online interface (i.e., website or mobile application) and any FundingWay affiliate or subsidiary online interface that links to this Notice, (each, a Site, and, collectively, Sites). The term "FundingWay" or "we" or "us" or "our" in this Notice refers to affiliates or subsidiaries of FundingWay that link to this Notice. This Notice describes how Sites may collect, use and share information from or about you and explains how information may be collected and used based on online interactions with our advertisements that appear on the Sites and third party websites.
FundingWay may provide other online interfaces not covered by this Notice. If you visit or access one of these sites, please review the online privacy practices of that site to understand how your online information may be collected, used and shared.
For visitors to this Site, we will use and share any information that we collect from or about you in accordance with the FundingWay Consumer Privacy Notice, which provides choices in the use and sharing of information.
Please note the terms and conditions of this Notice control. By using the Site, you agree to the terms and conditions of this Notice.
Collecting and Using Information
Personal Information We Collect Online
Personal Information means personally identifiable information such as information you provide via forms, surveys, applications or other online fields including name, postal or email addresses, telephone, fax or mobile numbers, or account numbers.
How We Use Personal Information
We may use Personal Information:
- to respond to your inquiries and fulfill your requests;
- to send you important information regarding the Site, changes to terms, conditions, and policies and/or other administrative information;
- to send you marketing communications that we believe may be of interest to you;
- to personalize your experience on the Site by presenting content, ads or offers tailored to you;
- to allow you to apply for products or services (e.g., motor vehicle insurance, credit repair assistance, etc) and evaluate your eligibility for such products or services;
- to verify your identity and/or location (or the identity or location of your representative or agent) in order to allow access to your accounts, conduct online transactions and to maintain measures aimed at preventing fraud and protecting the security of account and Personal Information;
- to allow you to participate in surveys, contests or similar promotions and to administer these activities. Some of these activities have additional rules, which may contain additional information about how Personal Information is used and shared;
- to allow you to use Site financial planning tools (e.g., car payment calculator);
for business purposes, including data analysis, audits, developing and improving products and services, enhancing the Site, identifying usage trends and determining the effectiveness of promotional campaigns;
- for risk control, for fraud detection and prevention, to comply with laws and regulations, and to comply with other legal process and law enforcement requirements.
How Personal Information is Shared
Please see the FundingWay Consumer Privacy Notice for information on how Personal Information may be shared.
Other Information We Collect Online
Other Information is any information other than Personal Information that does not reveal your specific identity or does not directly relate to an individual, such as browser information, information collected through cookies, pixel tags and other technologies, demographic information, other information provided by you such as your date of birth or household income, and aggregated and de-identified data.
Consent for Electronic Documents under the Electronic Signatures in Global and National Commerce Act
I have read the Consent to Electronic Records below and agree to conduct transactions and receive records electronically.
This Consent to Electronic Records informs you of your rights when Records will be provided to you electronically. By consenting, you acknowledge receipt of this Consent to Electronic Records and agree to the electronic delivery of the Records.
Hardware and Software Requirements. The Records will be provided to you either on the Finance Lending Institution’s website, in an email message, or as an attachment to an email message sent to the email address you provide as part of your request, application, or registration. To access the Records, you will need Adobe Acrobat Reader version 7 or higher, and a personal computer or other access device which is capable of accessing the Internet. To retain the Record, your access device must have the ability to either download the Records to your computer’s hard drive or print the Records.
Right to Withdraw Consent, Procedures for Withdrawal and Updating Information. You may withdraw your consent to receive the Records electronically at any time, or update your contact information at any time. You may withdraw consent or update information from CarFinance Capital LLC by emailing ElectronicRecords@CarFinance.com and withdrawing your consent or providing your updated contact information. You may withdraw consent or update information from Santander by calling 855-563-5635 and withdrawing your consent or providing your updated contact information.
Consent Applies to Transaction. Your Consent to Electronic Records applies to the transaction you've requested which may give rise to the obligation to provide the Records and to any other dealings or transactions you may have with Finance Lending Institutions.
Right to Paper Records and Copies of Records. You have the right to have the Records provided to you in paper form, rather than electronic form. If you wish to obtain the Records in paper form from Car Finance Capital, LLC contact CarFinance by emailing ElectronicRecords@CarFinance.com. If you wish to obtain Records in paper form from Santander contact Santander by calling 855-563-5635. A paper copy of the Record will be provided to you at no charge.
How We Collect and Use Other Information
We and our third-party service providers may collect and use Other Information in a variety of ways, including:
- Through your browser: Certain information is collected by most browsers, such as your Internet Protocol (IP) address, device type, screen resolution, operating system version and internet browser type and version. We use this information to ensure Sites function properly and for security purposes.
- Using cookies: Cookies are pieces of information stored directly on the device you are using. Cookies we use do not contain or capture unencrypted Personal Information. Cookies allow us to collect information such as browser type, time spent on the Site, pages visited, language preferences, and your relationship with us. We use the information for security purposes, to facilitate navigation, to display information more effectively, to personalize/customize your experience while visiting the Site, and to recognize your device to allow your use of our online products and services. We collect statistical information about the usage of the Site in order to continually improve the design and functionality, to monitor responses to our advertisements and content, to understand how visitors use the Site and to assist us with resolving questions regarding the Site. We also utilize cookies for our online advertising purposes. Please see the Advertising section below for more information.
You can refuse to accept these cookies and most devices and browsers offer their own privacy settings for cookies. You will need to manage your cookie settings for each device and browser you use. However, if you do not accept these cookies, you may experience some inconvenience in your use of the Site and some online products and services. You also may not receive customized advertising or other offers from us that may be relevant to your interests and needs.
- Using pixel tags, web beacons, clear GIFs or other technologies: These may be used in connection with some Site pages, mobile applications and HTML-formatted email messages to measure the effectiveness of our communications, the success of our marketing campaigns, compile statistics about usage and response rates, and to assist us in resolving questions regarding use of our Site.
- IP Address: Your IP Address is a number that is automatically assigned to the device that you are using by your Internet Service Provider (ISP). An IP Address is identified and logged automatically in our server log files whenever a user visits the Site, along with the time of the visit and the page(s) that were visited. Collecting IP Addresses is standard practice on the internet and is done automatically by many web sites. We use IP Addresses for purposes such as calculating Site usage levels, helping diagnose server problems, for compliance and security purposes and administering the Site.
- Aggregated and De-identified Data: Aggregated and De-identified Data is data that we may create or compile from various sources, including but not limited to user transactions. This information, which does not identify individual personal information, is used for our business purposes, which may include offering products or services, research, marketing or analyzing market trends, and other purposes consistent with applicable laws.
Lender Specific Information
Your Finance Application may be shared with the following consumer Finance Lending Institutions:
CarFinance Capital LLC
7525 Irvine Center Drive
Irvine, CA 92618
8585 N. Stemmons Freeway
Suite 1100 - North
Dallas, TX 75247
Fair Lending Practices
Regulation B Disclosures
- Alimony, child support, or separate maintenance income need not be revealed if you do not choose to have it considered as a basis for repaying this loan.
Other Finance Lending Institutions used to provide direct or indirect loans to consumers.
Electronic Documentation Consent and Acknowledgement
By completing all the required fields in your application, and selecting “I have read the Privacy Statement, agreement to receive Electronic Documents, and state-specific notices.” and clicking the "Submit Application" button on our Website Application Page, you acknowledge and agree:
- That you can receive documents electronically and can access and retain those documents;
- That you can receive and read email messages sent to the email address in your application;
- That you can access information provided electronically at our website and other web sites related to your application;
- To receive documents electronically and to store or print those documents for your records;
- That the actions described here or on the documents will serve as your electronic signature on any such documents; and
- That you are providing your consent to receive electronic communications from us under the Electronic Signatures in Global and National Commerce Act, and intending that this law apply to your transactions with us.
FundingWay advertises on pages within the Sites (including mobile) as well as on other websites and mobile apps not affiliated with FundingWay. Information collected by us or our advertising service providers through cookies and other technologies includes the number of people who look at each of the pages on the Sites, search engine referrals, browsing patterns within the Sites, and responses to advertisements and promotions on the Sites and on websites where we advertise.
Advertising on our Sites
FundingWay advertises our products and services on pages within the Sites. These advertisements may take the form of banner ads, splash ads, and other formats.
Relationship based advertising
FundingWay may customize content and advertisements for our products and services on the Sites we own. In order to make the content and advertising as informative and useful as possible, we may use information about your relationship with us.
Online Behavioral Advertising
We may also use advertising service providers to help us determine which of our advertisements are most likely to be of interest to you using certain Other Information such as web pages visited, search keywords entered, or your activities on our Site. We limit access and collection of information for specific purposes by advertising service providers.
FundingWay may contract with advertising companies to advertise our products and services on websites and mobile apps not affiliated with us. We may use Aggregated and De-identified Data and information provided by you to these third party websites to select which of our advertisements or offers may appeal to you, display them to you and monitor your responses. Third Party websites are not subject to FundingWay Privacy Notices. Please visit the individual websites for additional information on their data and privacy practices and opt-out policies.
Some of our customized ads are behavioral advertising, and may be served using data collected through cookies and other technologies by third party websites. Cookies placed on our behalf by these companies, do not contain or capture Personal Information. We limit companies that place our ads from using information for any purpose other than to assist us in our advertising efforts.
Linking to other sites
We may provide links to third party websites, such as credit bureaus, service providers or merchants. If you follow links to websites not affiliated or controlled by FundingWay, you should review their privacy and security policies and other terms and conditions, as they may be different from those of our Sites. FundingWay does not guarantee and is not responsible for the privacy or security of these websites, including the accuracy, completeness, or reliability of their information.
Social media sites
To protect Personal Information from unauthorized access and use, we use security measures that comply with applicable federal and state laws. These measures may include device safeguards and secured files and buildings as well as oversight of our third party service providers to ensure information remains confidential and secure. Our websites utilize 256-bit SSL encryption, or the highest level of protection offered for Internet communications, to encrypt your information. Personally Identifiable Information such as your social security number is further encrypted within our database(s).
Protecting children’s privacy online
The Site is not directed to individuals under the age of thirteen (13), and we request that these individuals do not provide Personal Information through the Site. We do not knowingly collect information from children under 13. Visit the Federal Trade Commission website for more information about the Children's Online Privacy Protection Act (COPPA).
Updates to this Privacy Notice
This Online Privacy Notice is subject to change. Please review it periodically. If we make changes to the Online Privacy Notice, we will revise the “Last Updated” date at the top of this Notice. Any changes to this Notice will become effective when we post the revised Notice on the Site. Your use of the Site following these changes means that you accept the revised Notice.
California | Vermont | Maine | New York | Ohio | Rhode Island | Wisconsin | Delaware |
For California Applicants
Other than for our everyday business purposes, we will not share your personal information with nonaffiliates or affiliates without first giving you additional privacy choices.
For Vermont Applicants
Other than for our everyday business purposes, we will not share the following without first giving you additional privacy choices: (i) personal information with nonaffiliates; and (ii) personal information about your creditworthiness with affiliates or joint marketing partners.
For Maine Applicants
You have the right of free choice in the selection of the agent and insurer through or by which insurance in connection with a loan is to be placed.
Obtaining insurance products from a particular agent or broker does not affect credit decisions by the lender.
For New York Applicants
A consumer report may be requested in connection with your application. Upon your request, we will tell you whether or not the consumer report was
requested and give you the name and address of the consumer reporting agency that furnished the report.
For Ohio Applicants
The Ohio laws against discrimination require that all creditors make credit equally available to all creditworthy customers and that credit reporting
agencies maintain separate credit histories on each individual upon request. The Ohio Civil Rights Commission administers compliance with this law.
For Wisconsin Applicants
Wisconsin law provides that no provision of a marital property agreement, a unilateral statement under the marital property law, or a court decree,
will adversely affect a creditor?s interests unless the creditor, prior to the time the credit is granted, is furnished with a copy of the agreement,
statement or decree or has actual knowledge of the adverse provision. If you are making this application individually and not jointly with your spouse,
you understand that Wisconsin law requires that your spouse be given notice of this credit obligation.
For Rhode Island Applicants
Credit Reports may be obtained in connection with this application for credit
For Delaware Applicants
Notification - Every licensee shall furnish to every applicant, a copy of this regulation at the time when such application is made. Posting of this
regulation in the office of the licensee in a place both prominent and easily visible to all potential applicants shall satisfy this requirement.
An explanation as to the contents and limitations contained herein shall satisfy this requirement when transactions occur telephonically. An informational
screen containing these limitations with an affirmative acknowledgement by the consumer, prior to application, shall satisfy this requirement for internet transactions.
- A lender may charge and collect interest in respect to a revolving credit plan or closed-end loan at such a daily, weekly monthly, annual, or other periodic
percentage rate or rates as the agreement governing the plan or loan provides, or as established in the manner provided in such agreement. Periodic interest
may be calculated on a revolving credit plan using any balance computation method provided for in the agreement governing the plan. Periodic interest may be
calculated on a closed-end loan by way of simple interest or such other method as the agreement governing the loan provides.
- If the agreement governing the revolving credit plan or closed-end loan so provides, the periodic percentage rate or rates of interest may vary in accordance
with a schedule or formula. Such periodic percentage rate or rates may vary from time to time as the rate determined in accordance with such schedule or formula
varies and such periodic percentage rate or rates, as so varied, may be made applicable to all or any part of the outstanding unpaid indebtedness or outstanding
unpaid amounts. In the case of revolving credit, such rate shall become applicable on or after the first day of the billing cycle that contains the effective date
of such variation. In the case of closed-end loan transactions, such rate may be made applicable to all or any part of the outstanding unpaid amounts on and after
the effective date of such variation. Without limitation, a permissible schedule or formula hereunder may include provisions in the agreement governing the revolving
credit plan or closed-end loan agreement for a change in the periodic percentage rate or rates of interest applicable to all or any part of outstanding unpaid
indebtedness or outstanding unpaid amounts, whether by variation of the then applicable periodic percentage rate or rates of interest, variation of an index or
margin or otherwise, contingent upon the happening of any event or circumstance specified in the plan or agreement, which event or circumstance may include the
failure of the borrower to perform in accordance with the terms of the revolving credit plan or loan agreement.
- Additional Fees and Charges; limitations - If the agreement governing the plan or loan so provides, in addition to, or in lieu of, interest at a periodic percentage rate or rates permitted by Chapter 22, Title 5 of the Delaware Code, the licensee may charge and collect the following fees and charges, subject to the limitations provided below, in respect to revolving credit plans or closed-end loans:
- Revolving Credit - with respect to a borrower, a lender may charge, collect, or receive one or more of the following fees and charges under plans subject to the
provisions of Subchapter II, Chapter 22, Title 5 of the Delaware Code:
- periodic charges - a daily, weekly, monthly, annual or other periodic charge, in such amount or amounts as the agreement may provide for the privileges made available to the borrower under the plan;
- transaction charges - a transaction charge or charges in such amount or amounts as the agreement may provide for each separate purchase or loan under the plan;
- minimum charges - a minimum charge, in such amount or amounts as the agreement may provide for each daily, weekly, monthly, annual or other scheduled billing
period under the plan during any portion of which there is an outstanding unpaid indebtedness under the plan;
- fees for services rendered or reimbursement of expenses - reasonable fees for services rendered or for reimbursement of expenses incurred in good faith by the
licensee or its agent in connection with such loan, including without limitation, commitment fees, official fees and taxes, premiums or other charges for any guarantee
or insurance protecting the licensee against the borrower's default or other credit loss, or costs incurred by reason of examination of title, inspection, recording
and other formal acts necessary or appropriate to the security of the loan, filing fees, attorney's fees, and travel expenses. In the event a borrower defaults under
the terms of a plan, the licensee may, if the borrower's account is referred to an attorney (not a regularly salaried employee of the licensee) or to a third party
for collection and if the agreement governing the revolving credit plan so provides, charge and collect from the borrower a reasonable attorney's fee. In addition,
following a borrower's default, the licensee may, if the agreement governing the plan so provides, recover from the borrower all court, alternative dispute resolution
or other collection costs (including, without limitation, fees and charges of collection agencies) actually incurred by the licensee;
- overlimit charges - a charge in such amount or amounts as the agreement may provide, for each daily, weekly, monthly, annual or other scheduled billing period under
the plan during any portion of which total outstanding indebtedness exceeds the credit limit established under the plan;
- delinquency charges - a late or delinquency charge upon any outstanding unpaid installment payments or portions thereof under the plan which are in default;
provided, however, that no more than 1 such late or delinquency charge may be imposed in respect of any single such installment payment or portion thereof regardless
of the period during which it remains in default; and provided further, however, that for the purpose only of the preceding provision all payments by the borrower
shall be deemed to be applied to satisfaction of installment payments in the order in which they become due.
- returned check charges - a returned check charge may be assessed to consumers, in such amount or amounts as the agreement may provide, provided the amount(s)
of such charges are customary and reasonable for checks that are returned unpaid.
- termination fees - a charge in such amount or amounts as the agreement may provide to terminate revolving credit plan.
- charges incurred in connection with real estate secured transactions - in the case of revolving credit secured by real estate such additional charges as
outlined in item (3)(c) of this regulation may also be collected within the limitations stated therein.
- Closed-end Credit - with respect to a borrower, a lender may charge, collect, or receive one or more of the following fees for loans subject to the provisions
of Subchapter III, Chapter 22, Title 5 of the Delaware Code:
- fees for services rendered or reimbursement of expenses - reasonable fees for services rendered or for reimbursement of expenses incurred in good faith by the
licensee or its agent in connection with such loan, including without limitation, commitment fees, official fees and taxes, premiums or other charges for any
guarantee or insurance protecting the licensee against the borrowers default or other credit loss, or costs incurred by reason of examination of title, inspection,
recording and other formal acts necessary or appropriate to the security of the loan, filing fees, attorney's fees, and travel expenses. In the event a borrower
defaults under the terms of the loan, the licensee may, if the borrower's account is referred to an attorney (not a regularly salaried employee of the licensee)
or to a third party for collection and if the agreement governing, or the bond, note or other evidence of, the loan so provides, charge and collect from the borrower
a reasonable attorney's fees. In addition, following a borrower's default, the licensee may, if the agreement governing, or the bond, note or other evidence of, the
loan so provides, recover from the borrower all court, alternative dispute resolution or other collection costs (including, without limitation, fees and charges of
collection agencies) actually incurred by the licensee;
- deferral charges - a deferral charge may be assessed to a borrower in accordance with an agreement to permit the borrower to defer installment payments of a loan;
- delinquency charges - if the agreement governing the loan so provides, a late or delinquency charge may be imposed upon any outstanding unpaid installment payment
or portions thereof under the loan agreement which are in default; provided, however, that no more than 1 such delinquency charge may be imposed in respect of any
single such installment payment or portion thereof regardless of the period during which it remains in default; and provided further that no such delinquency charge
may exceed 5% of the amount of any such installment or portion thereof in default;
- returned check charge - if the agreement governing the loan so provides, a returned check charge may be assessed to consumers for checks that are returned unpaid
provided the amount(s) of such charges are customary and reasonable.
- charges incurred in connection with real estate secured transactions - in the case of closed end credit secured by real estate such additional charges as outlined
in item (3)(c) of this regulation may also be collected within the limitations stated therein.
- Real Estate Secured Transactions - with respect to a borrower, a lender may charge, collect, or receive one or more of the following fees and charges subject to
the limitations herein, for loans subject to the provisions of Subchapters II (Revolving Credit) and III (Closed-End Credit), Chapter 22, Title 5 of the Delaware Code
when such loans are secured by real estate:
- loan origination points - points charged to the borrower on the lender's behalf for any purpose other than to reduce the periodic interest rate applicable to the
mortgage loan may not exceed 10% of the principal amount of the loan. Such points may be deducted from the gross proceeds of the loan. For purposes of this regulation
"gross proceeds" is the amount financed as defined in Federal Reserve Regulation Z;
- loan discount points - points charged to the borrower as a function of rate for the purpose of reducing the periodic interest rate applicable to the mortgage loan.
Such points may be deducted from the gross proceeds of the loan;
- property appraisal fees - property appraisal fees shall be limited to the amount paid to a third party for such appraisal and shall be limited to those amounts
that are customary and reasonable;
- credit report fees - credit report fees shall be limited to the actual cost of the report if paid to a third party, not an employee of the lender or affiliate.
Such amounts shall be customary and reasonable;
- mortgage loan broker compensation fees - mortgage loan broker compensation may be deducted from the gross proceeds of the loan. Such amounts shall reasonably
reflect the value of the goods, services and facilities provided;
- tax certification and service fees - fees for agreements to provide certification of the current tax status of the property as well as fees for ongoing
monitoring and notice to the lender of all tax and improvement lien payments as they become due shall be limited to those amounts actually expended for such
purposes. Such amounts shall be customary and reasonable;
- flood hazard certification or determination fees - determination fees may be charged for determining whether the property is or will be located in a
special flood hazard area. This fee may also include the cost of life-of-loan monitoring. Such amounts shall be customary and reasonable;
- title abstract/search/examination and title insurance premiums - title insurance and/or cost of a title certificate search, examination and
binder shall be limited to those amounts actually expended for such purposes. Such amounts shall be customary and reasonable and may, at the borrower's
discretion, include owner's coverage in addition to lender's coverage;
- legal fees - legal fees incurred in securing or closing a loan shall be limited to amounts actually paid to an attorney not in the employ of the
lender, its parent, or affiliate, and such charges shall not exceed those which are customary and reasonable;
- recording/satisfaction fees - recording/satisfaction fees shall be limited to those actually expended by the lender to any governmental authority
for protection of interest in collateral tendered. The State Bank Commissioner may approve the payment of alternative fees for this purpose provided
the amount of said fee (payable by the borrower) shall not exceed the amount which would be payable to any governmental authority for protection of
interest in collateral tendered;
- property survey fees - property survey fees to obtain a drawing that delineates the exact boundaries of a property, including lot lines and placement
of improvements on the property, shall be limited to those amounts actually expended for such purposes. Such amounts shall be customary and reasonable;
- pest inspection fees - pest inspection fees to cover inspections for terminates or other pest infestation on the property shall be limited to those
amounts actually expended for such purposes. Such amounts shall be customary and reasonable;
- fees incidental to loan closing - other fees and charges including but not limited to: odd days interest, hazard and mortgage insurance premiums,
escrow reserves, lender's inspection fees, mortgage insurance application fees, assumption fees, underwriting fees, document preparation fees, settlement
or closing fees, notary fees, funding fees, fees for lead based paint or other inspections and overnight mail fees may be charged and such amounts shall
be customary and reasonable;
- prepayment penalties - a charge in such amount or amounts as the agreement so provides imposed in connection with the payoff and termination of a
revolving credit plan or closed end loan secured by real estate;
- notwithstanding the provisions of this item (3)(c) of this regulation, licensed Lenders who are making mortgage loans pursuant to the rules,
regulations, guidelines and/or loan forms established by the State of Delaware or federal governmental or quasi-governmental entity (including,
without limitation, the Federal Housing Administration, the Government National Mortgage Association, the Federal National Mortgage Association
and the Federal Home Loan Mortgage Corporation) shall be permitted to charge and collect any fees, charges or sums prescribed to be charged and
collected in connection with a mortgage loan originated pursuant to a lending program conducted or supervised by any such entity.
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