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Narrator: Sheila, an audit manager, is in the process of buying her first

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home. Her partner, who is deemed a spousal equivalent for independence

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purposes, has been pushing to use a family friend who works for a

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mortgage broker to find a lender with the best rates, and wants to reach out

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to them now so they can get the process underway. Sheila understands

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there are independence considerations when purchasing a home, but

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before giving her partner the go-ahead to move forward with the family

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friend, she wants to be sure she’s doing the right thing.

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She decides to call Risk Management – Independence.

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Let’s listen to their discussion.

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Independence: Congratulations! Buying your first home is exciting!

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You’re right, there are independence considerations to take

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into account when buying a home. You mentioned that you’re

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planning to use a mortgage broker to help find a lender?

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Sheila: Yes, we have a friend that works for a mortgage broker.

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Independence: Okay, let’s start there. Independence rules apply

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to mortgage brokers too. Did you confirm the restriction

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status of the mortgage broker in KICS?

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Sheila: Oh, I didn’t consider that. If they are restricted,

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does that mean we can’t use them?

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Independence: That’s right. You also can’t use an unrestricted broker

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that sells its loans exclusively to restricted entities.

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Sheila: Hmm…how would I know that?

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Independence: You’re required to make reasonable inquiries of the

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mortgage broker to determine whether the loan may be sold to an

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audit client or its affiliate. Ask questions like “Do you routinely sell your

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mortgages to certain entities?”, and “Who is my loan going to be sold to?”

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If they only sell to restricted entities, you shouldn’t use this broker

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because that could impair your independence.

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Sheila: Ok, I’ll add that to the list of questions to discuss with the broker.

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Independence: Whether you use a mortgage broker or not,

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always check the restriction status of the mortgage lender in KICS

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before closing on the loan. You and your immediate family members

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are not permitted to obtain a loan from a restricted entity.

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Sheila: Right, and when we do close on the loan, I must report

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it in KICS within 14 days of closing on the loan?

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Independence: That’s right. And remember to report the lender, not the

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the servicer. The lender is the financial institution that will lend

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you the funds, and is often a different entity from the loan servicer

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that is, the one that sends you statements and that you make payments to.

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Sheila: Okay, is there anything else to consider?

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Independence: Yes, there are restrictions related to homeowners and

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title insurance as well. Before obtaining a new policy, or modifying an

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existing one, make sure you determine the restriction status of the insurer.

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If it’s an SEC restricted entity, you’ll need to confirm that you’re not

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a Covered Person to the entity.

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Sheila: Okay, so I can obtain a policy from a restricted entity,

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as long as it’s not an SEC restricted entity that I am

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considered a Covered Person for?

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Independence: That’s right. There is one other thing to keep in mind.

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Mortgage lenders often sell their loans to other lenders.

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You should review all notifications you receive about your loan carefully.

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If your loan is sold, you’ll need to report the new lender in KICS

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within 14 days of the effective date of the sale. You have an ongoing

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responsibility to ensure any changes to your loan

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are reported in KICS in a timely manner.

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Sheila: Oh, okay, I’ll look out for that. This has been very helpful. Thank you.

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Independence: You’re welcome! There’s also a resource on the

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Independence portal page that you can use called the

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Independence reminders when purchasing a home. It has information

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about what we discussed today and is a great tool to remind

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you of all your independence considerations throughout this process.

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Narrator: The conversation with Risk Management - Independence

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helped Sheila recognize the independence considerations she has to

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take into account when purchasing a new home. Sheila now has the

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information she needs to move forward. She checked KICS and confirmed

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that the family friend actually works for a restricted mortgage broker.

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She informed her partner that they aren’t permitted to use that broker

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and instead have begun searching for an

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unrestricted mortgage broker and lender.

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