Terms of the AHPS Automatic Drafting Agreement:
Timing of Drafts: Please allow 5-7 business days prior to the date on which drafting is requested to begin.
Please continue to make normal scheduled monthly mortgage payments until drafting begins. If your request is not timely received, AHPS may be unable to process your request and no drafting may occur. If you (“Mortgagor”) are uncertain if your request to commence automatic drafting was received in time, call toll free to (866) 247-8326 to verify the status of the request.
Payment Changes: Monthly mortgage payment amounts may be subject to change. If your monthly payment includes collection of funds for payment of taxes, insurance, or other escrow items, the monthly amount collected for these purposes is subject to change based on corresponding changes to taxes, insurance, other escrow items, or other changes in applicable law. Additionally, if your mortgage has an adjustable interest rate, that may also cause changes in your monthly mortgage payment. You will be notified in advance of any such changes due to escrow or an adjustable interest rate.
If you elect to draft the amount of your monthly mortgage payment and your monthly payment amount changes due to a change in escrow, applicable interest rate, or other factor as required under the terms of your loan documents or applicable law, the amount drafted will adjust to remain equal to your monthly payment amount.
If you elect to draft an amount other than your monthly mortgage payment, and your contractual payment changes to an amount over the amount you specified on the form above, your participation in the automatic drafting program will be cancelled. Otherwise, all funds rec
Additional Amounts Submitted: If you choose to draft a monthly amount other than the monthly mortgage payment, all funds received will be applied to outstanding balances according to the terms of the loan agreement.
Cancellation by Mortgagor: You may cancel by providing notice of your intent to cancel at least 10 business days prior to a draft date to stop the payment. Cancellation must be in writing. AHPS can provide no assurance that a cancellation request received less than 10 business days prior to a scheduled draft date can be processed and will have no liability with respect thereof.
Cancellation by AHPS: AHPS may cancel your participation, effective immediately, at any time for any reason, upon written notice. If an automatic payment has been returned due to non-sufficient funds for two recent payments, all future automatic payment drafting may be canceled. If AHPS receives notice that your bank account has been closed or frozen or is an invalid number, further drafting may be canceled. If a payment was stopped or claimed unauthorized, further drafting may be canceled. It is the mortgagor’s responsibility to inform AHPS of any changes in bank account information or financial institution information which may affect automatic drafting.
Non-Sufficient Funds (“NSF Fees”): A payment returned as non-sufficient or insufficient may be assessed a fee which will be added to the amounts due under the terms of the mortgage loan agreement. If there are unavailable funds in the bank account on the date of the scheduled payment, Mortgagor agrees to pay all associated NSF Fees and to make the payment by means other than automatic drafting
Certain Mortgages Ineligible for Automatic Drafting: Certain mortgages may not be eligible for automatic drafting, including home equity lines of credit, construction loans, reverse mortgages, loans with irregular draft dates, and defaulted mortgage loans.
Authorization: The undersigned hereby authorizes AHP Servicing LLC to debit on a recurring monthly basis the above referenced bank/credit union account for the specified amount, including applicable principal, interest, taxes, insurance, escrow amounts, and fee amounts, as required by the mortgage loan agreement and to initiate, if necessary, credit entries and adjustments for any debit entries in error to Mortgagor’s bank/credit union account. Furthermore, Mortgagor authorizes the above referenced bank/credit union to credit and/or debit the referenced amount to facilitate these transactions.
Mortgagor understands that because this is an electronic transaction, these funds may be withdrawn as soon as this authorization is submitted. AHPS will not give next day notice to Mortgagor of receipt of an ACH item. However, AHPS will continue to notify Mortgagor of the receipt of payments in the periodic statement, if applicable. The terms of this agreement do not constitute a modification of the terms of the mortgage loan agreement.
Mortgagor understands that this authorization may be in effect until Mortgagor notifies AHPS in writing of intent to discontinue automatic drafting in accordance with the cancellation provisions above.
IMPORTANT LEGAL INFORMATION
AHP Servicing LLC is a debt collector. This letter is an attempt to collect a debt and any information obtained will be used for that purpose. To the extent your original obligation was discharged or is subject to an automatic stay of bankruptcy under Title 11 of the United States Code, this notice is for compliance with non-bankruptcy law and/or informational purposes only and does not constitute an attempt to collect a debt or to impose personal liability for such obligation. Nothing in this letter (including our use of the words “your,” “loan,” “mortgage,” or “account”) means that you’re required to repay a debt that’s been discharged. Any payment you make on the account is voluntary, but we may still have rights under the security instrument, including the right to foreclose on the property. If you are represented by an attorney, please refer this letter to your attorney and provide us with the attorney’s name, address, and telephone number.