Client Debt Service Agreement by fco12696


Client Debt Service Agreement document sample

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									New Customer Enrollment Packet
  (This Packet is designed for the persons who have decided to become a T.W.I.

                             Table of Contents

Instructions for completing customer packet….……….…………………………........3

Client Check List…....……………….…………………………………………………….4

Client Status form ....….………………………………………………………………5-6

Debt to Income Assessment………………………………………………………………7

Debt Assessment Pre-approval…………………………………………………………..8

Application ……………………………………………………………………….……9-10

Debt Service Reduction Agreement ………..………………………….request via fax

Taurian Client Representation Agreement ………….…..………………………..11-12

Mutual Non- Disclosure Agreement …....………………………………………….13-14

Payment Instructions …..…………………………………………………………..…..15

Underwriting Fees Receipt ………………………… ……………………………...….16

Borrowers Authorization Form ….………………….………………………….....17-18

Limited Power of Attorney ………………………….……………………………...19-20

Refund Policy………………………………………………………………………….…21

                        Instructions for Completing Customer Packet

1. Review all paperwork and get all remaining questions answered.

2. Make Client aware that application fee is non-refundable.

3. Email or Fax the following Customer Client Forms to Regional office

       a. Send the following three documents and application fee for Pre-Approval, Good Faith Estimate and

          Terms of new loan.

               i. Completed Application (Social Security number not required)

              ii. Debt Assessment Pre-approval form

             iii. Completed Client Status Form

             iv. Client Pay application fees (See Payment Instructions)

       b. Complete the following documents to complete client package

               i. Taurian Client Representation Agreement

              ii. Debt Service Reduction Agreement

             iii. Mutual Non-Disclosure Agreement

             iv. Power of Attorney document

              v. Borrowers Authorization

             vi. Underwriting Fee Receipt

4. Go over all forms with Independent Representative to confirm forms are correct and completed.

5. Attach a copy of processing fee with package, make deposit and send with file of originals documents to

   Regional Office.

6. Send all original documents to: Corporate Address

                                                  Client Check List

Application Fee ($125.00) Non - Refundable
Client Status Form
Non Disclosure
Taurian Client Representation Agreement
Online Application (optional)
Debt to Income Assessment
Faxed Debt Assessment Pre-Approval Form
Debt Service Reduction Agreement
Power of Attorney document (needed for each debt)
Borrowers Authorization form (needed for each debt)
Original Copy of Bills
The Deed of Trust or Warrantee Deed and or Security Deed– If submitting a mortgage (This can be printed
   out on line at the county register’s office)
Instructions for payment
Payment receipt
Reviewed Underwriting Fee Scale
Underwriting Fee Receipt
Speak with Representative and go over packet, fee structure, proposed process, and time lines.
All payments are to be made by cashiers’ check, money order, online (Pay pal)
Refund Policy

                                   CLIENT STATUS FORM

*This assessment is given so that we will know how to best address your current situation*

** Please print clearly**

Client Name: _______________________ Consultant: _______________________

Co-App: ___________________________ Date: ____________________________

Mortgage: (This applies to 1st and 2nd mortgages, please specify)

   1. What is the amount of your mortgage note?
   2. How long have you had your loan with this debtor?
   3. How many months are you currently behind? Please explain.

   4. Do you have a second mortgage? If so, with whom? Are you current?

   5. Are you currently in foreclosure? Have you received notice of sale/date? Please explain.

   6. The amount of your last payment made and date paid.


   1. What is the amount of your note?
   2. How long have you had your loan with this debtor?
   3. How many months are you behind? Please explain.

   4. The amount of your last payment made and date paid.

   5. Is the auto dealer currently looking for your vehicle?


   1. What is the amount of your note?
   2. How long have you had your loan with this debtor?
   3. How many months are you behind? Please explain.

   4. The amount of your last payment made and date paid.

I certify that the follow statements are true and correct:

Client Signature: ______________________ Date: ________________

Client Signature: ______________________ Date: _____________

                     Debt to Income Assessment

Total Monthly Debt

Mortgage     _______________
Credit Cards _______________
Auto Loans _______________


Gas      _______________
Electric _______________
Water _______________
Garbage _______________


Auto    _______________
Home    _______________
Health _______________
Life   _______________


Gas             _______________
Grocery          _______________
Entertainment     _______________
Childcare        _______________
Other           _______________

Total Monthly Debt __________

Total Monthly Salary

Weekly          _______________
Bi-Weekly       _______________
Monthly         _______________

Additional Income

Social Security _______________
Child Support _______________
Other          _______________
Other          _______________

Total Monthly Income __________

                                           T.W.I. FINANCIAL INC .
APPLICANT INFORMATION                                              CLIENT NUMBER

Date:              Name:                                   DOB:              SSN: (DO NOT INCLUDE SSN#)

Address:                                      City:                      State:             Zip:

Home Phone:                                  Cell Phone:                          Office Phone:

Own      Rent   (Please circle)              Monthly payment or rent:             How long?
                                            EMPLOYMENT INFORMATION

Current employer:                                          Supervisor:

Employer address:                                                                 How long?

City:                             State:                                          Zip Code:

Phone:                                       Email:                               Fax:
                                             Hourly Salary (Please
Position:                                                                         Annual income:
Name of a closest relative not residing with you:                                        Phone:

Name:                              SSN: (DO NOT INCLUDE SSN#)              Phone:
Current address:

City:                                        State:                               ZIP Code:
                                  EMPLOYMENT INFORMATION (CO-APPLICANT)

Current employer:                                              Supervisor:

Employer address:                                                                 How long?
City:                             State:                                          Zip Code:

Phone:                                       Email:                               Fax:
                                             Hourly Salary (Please
Position:                                                                         Annual income:
                             CREDIT CARDS (ADDITIONAL CARDS ON NEXT PAGE)
Name:                                                             Account:                         Balance:
                                           T.W.I. FINANCIAL INC .

                                              MORTGAGE AND AUTO LOANS
                                                                     Account:                    Balance:
Name:                                             Address:

                                         OTHER LOANS, DEBTS, OR OBLIGATIONS
Description:                                                         Account:                   Balance:

I authorize T.W.I. Financial, INC. to verify the information provided on this form as to my credit and employment

Signature of applicant                                                                           Date

Signature of co-applicant, if for joint account                                                  Date

  Worldwide Incorporated                             1138 Germantown Parkway Cordova, Tennessee 38016
                                                                                     Fax 866.307.4401

                                Taurian Client Representation Agreement

This agreement is made between Taurian Worldwide Inc., (Taurian) and,
_____________________________________________________________________, afterward referred to as “I”
or “me”. I freely volunteer to abide by the following provisions:

I engage in the professional services of Taurian to provide debt management in negotiating a repayment
plan with my creditors, referred to as the Debt Management Plan, or (“DMP”). I understand that the DMP
serves the dual role of helping me repay my debts and helping the debtors collect the money owed them.

I. Disclosure and Release of Information
I understand that I am responsible for disclosing to Taurian accurate information, to the best of my
knowledge, about all of my creditors and sources of income. I have full authority to provide the
information regarding my debts, and no consent or approval of any other party is required for my
participation in the DMP.

I hereby expressly authorize Taurian, its employees, or agents to:

   1. Disclose any information concerning my financial condition and status, including but not limited to
      income, debts, creditors, earnings, assets, phone numbers, and residential and work addresses to
      any creditor listed by me and to other unaffiliated financial institutions unless I give written
      direction to the contrary or as otherwise required by law; and
   2. Obtain whatever financial information concerning me as Taurian deems necessary from any
      creditors; and
   3. Obtain a copy of my credit report in order to enable Taurian to better assess my financial situation
      and thereby increase its ability to assist me in the negotiation of my debt. As a result, an inquiry
      will appear on my report. All information contained in my credit report will be considered
      confidential and used for legitimate business purposes under the Fair Credit Reporting Act.

II.     Services
I authorize Taurian to act on my behalf and take any action it considers necessary and proper to protect my
interests in connection with the negotiation of my debts. However, it is understood that there are no
warranties regarding a successful outcome of the negotiation or the length of time required to complete a
DMP or consider a matter and that any representations made by Taurian or its staff are opinions only. I
am employing Taurian for its counseling services. Taurian will use its best efforts although no specific
result is guaranteed. I understand that assistance rendered by Taurian includes credit counseling,
negotiations, and a DMP. Taurian does not provide specific legal advice as such advice may be rendered
only by an attorney. I understand that Taurian will negotiate with such creditors as are listed on the Client
Questionnaire and which I provided. Taurian shall use its best efforts to reduce the interest, principle, or
monthly payment amount as appropriate under the circumstances to allow me to restructure the debts.
III. Fees
For the consulting services of Taurian to represent me in the negotiation of certain debts on my behalf, I
agree to pay Taurian a one-time fee of $__________________
for such services.

I understand that, if any pre-agreed, payment arrangement is over (30) days late, unless Taurian agrees in
writing to reschedule payment or amount, I shall be in default of this Agreement and Taurian may
discontinue its representation and fee will be non-refundable.

IV. Exclusivity
I agree to not use or consult with any other debt management or debt consulting firm while this contract is
in effect and for (30) days thereafter. The only effective way to cancel this contract is through written
notice delivered to an agent or Taurian or by Taurian to the client.

V.     Copies Act as Originals
A duplicate copy of this Agreement has the same legal force as the original copy.

VI. Jurisdiction and Venue
I expressly agree that the exclusive jurisdiction of any dispute with Taurian in any way relating to this
agreement or performance there under will be governed by the laws of the State of Tennessee. I further
agree and expressly consent to the exercise of personal jurisdiction and venue of the federal, district, and
state courts of Shelby County Tennessee in connection with any such dispute, including any claim
involving Taurian or its affiliates, subsidiaries, employees, contractors, officers, directors, shareholders, or

VII. Attorneys Fees
If any action at law or in equity is necessary to enforce the terms of this Agreement, the prevailing party
shall be entitled to reasonable attorney’s fees, costs and expenses in addition to any other relief to which
such prevailing party may be entitled.

VIII. Severability
If any provision or provisions of this Agreement shall be held to be invalid, illegal, unenforceable or in
conflict with the law or any jurisdiction, the validity, legality and enforceability or the remaining
provisions shall not in any way be affected or impaired thereby.

IX. Entire Agreement
This Agreement constitutes the entire understanding and Agreement between the parties with respect to
the subject matter hereof and supersedes any prior agreements or understandings between the parties with
respect to the subject matter hereof.

Customer’s Signature_____________________          Date______________________

     Worldwide Incorporated                                             1138 Germantown Parkway Cordova, Tennessee 38016
                                                                                                        Fax 866.307.4401

                                       MUTUAL NONDISCLOSURE AGREEMENT

Each undersigned party (the “Receiving Party”) understands that the other party (the “Disclosing Party”) has disclosed or may
disclose information relating to (i) [specific business information to be disclosed] or (ii) the Disclosing Party’s business
(including, without limitation, computer programs, names and expertise of employees and consultants, know-how, formulas,
processes, ideas, inventions (whether patentable or not) schematics and other technical, business, financial, customer and
product development plans, forecasts, strategies and information), which to the extent previously, presently, or subsequently
disclosed to the Receiving Party is hereinafter referred to as “Proprietary information” of the Disclosing Party.

Notwithstanding the foregoing, nothing will be considered “Proprietary Information” of the Disclosing Party unless either (1) it
is first disclosed in tangible form and is conspicuously marked “Confidential,” “Proprietary” or the like or (2) it is first disclosed
in non-tangible form and orally identified as confidential at the time of disclosure and is summarized in tangible form
conspicuously marked “Confidential” within thirty (30) days of the original disclosure.

In consideration of the parties’ discussions and any access the Receiving Party may have to Proprietary Information of the
Disclosing Party, the Receiving Party hereby agrees as follows:

1.   Use of Proprietary Information. The Receiving Party agrees:

     (a.) to hold the Disclosing Party’s Proprietary Information in confidence and to take reasonable precautions to protect such
          Proprietary Information (including, without limitation, all precautions the Receiving Party employs with respect to its
          confidential materials),

     (b.) to not divulge any such Proprietary Information or any information derived therefore to any third person (except
          consultants, subject to the conditions stated below),

     (c.) to make any use whatsoever at any time of such Proprietary Information except to evaluate internally whether to enter
          into the currently contemplated agreement with the Disclosing Party, and

     (d.) not to copy or reverse engineer any such Proprietary Information.

Any employee or consultant given access to any such Proprietary Information must have a legitimate “need to know” and shall
be similarly bound in writing. Without granting any right or license, the Disclosing Party agrees that the foregoing clauses (a),
(b), (c) and (d) shall not apply to any information that the Receiving Party can document (1) is (or through no improper action or
inaction by the Receiving Party or any affiliate, agent, consultant or employee) generally available to the public, or (2) was in its
possession or known by it prior to receipt from the Disclosing Party, or (3) was rightfully disclosed to it by a third party without
restriction, provided the Receiving Party complies with any restrictions imposed by the third party, or (4) was independently
developed without use of any Proprietary Information of the Disclosing Party by employees of the Receiving Party who have
had no access to such information. The Receiving Party may make disclosures required by court order, provided the Receiving
Party uses reasonable efforts to limit disclosure and to obtain confidential treatment or a protective order and has allowed the
Disclosing Party to participate in the proceeding.
2. Return of Proprietary information, immediately upon (i) the decision by either party not to enter into the agreement
     contemplated by paragraph 1, or (ii) a request by the Disclosing Party at any time (which will be effective if actually
     received or three days after mailed first class postage prepaid to the Receiving Party), the Receiving Party will turn over the
     Disclosing Party all Proprietary Information of the Disclosing Party and all documents or media containing any such
     Proprietary information and any and all copies or extracts thereof.
3.   Disclosure. Except to the extent required by law, neither party shall disclose the existence or subject matter of the
     negotiations or business relationship contemplated between the parties.

4.   Miscellaneous. The Receiving Party acknowledges and agrees that due to the unique nature of the Disclosing Party’s
     Proprietary Information, there can be no adequate remedy at law for any breach of its obligations hereunder, that any such
     breach may allow the Receiving Party or third parties to unfairly compete with the Disclosing Party resulting in irreparable
     harm to the Disclosing Party, an therefore, that upon any such breach or any threat thereof, the Disclosing Party shall be
     entitled to appropriate equitable relief in addition to whatever remedies it might have at law and to be indemnified by the
     Receiving Party from any loss or harm, including, without limitation, attorneys’ fees, in connection with any breach or
     enforcement of the Receiving Party’s obligations hereunder or the unauthorized use or release of any such Proprietary
     Information. The Receiving Party will notify the Disclosing Party in writing immediately upon the occurrence of any such
     unauthorized release or other breach of which it is aware. In the event that any of the provisions of this Agreement shall be
     held by a court or other tribunal or competent jurisdiction to be illegal, invalid or unenforceable, such provisions shall be
     limited or eliminated to the minimum extent necessary so that this Agreement shall otherwise remain in full force and effect.
     This Agreement shall be governed by the law of the State of [State] without regard to the conflicts of law provisions thereof.
     This Agreement supersedes all prior discussions and writing and constitutes the entire agreement between the parties with
     respect to the subject matter hereof. The prevailing party in any action to enforce this Agreement shall be entitled to costs
     and attorneys’ fees. No waiver or modification of this Agreement will be binding upon either party unless made in writing
     and signed by a duly authorized representative of such party and no failure or delay in enforcing any right will be deemed a
     waiver. This Agreement shall be construed as to its fair meaning and not strictly for or against either party.

In witness whereof, the parties have executed this Agreement as of the ____ day of _________, 20___

TAURIAN WORLDWIDE INC. And, or its affiliates                     CLIENT(S)
(Disclosing Party)                                                (Receiving Party)

         By: ____________________________         __________________________Print


                                            Payment Instructions

Corporate Office for TWI Financial:
Client Processing Fees should be handled as followed:

Acceptable Payment Forms:
Money orders, Cashier Checks or cash deposit

Make Bank Deposits & Wire Transfers To:
Bank…………..…. Regions Bank
Acct: Name ……. TWI Financial, Inc.
Rout #: ………….
Acct #: …………. 0082639914

Please fax a copy of deposit slips, wire receipt, or on-line transactions to

Note: Process may be delayed if payment is made in the form of a personal check. In this case process will not begin
until check has posted the account.

Note: No Personal Checks Accepted at Corporate Office.

                                          UNDERWRITING FEE

DATE: ____________

CLIENT: ________________________________


AMOUNT DUE: __________________

AMOUNT PAID: _________________

REMAINING BALANCE: _______________DUE DATE: __________________

Buy signing this form the client hereby accepts all terms of the agreement and agrees to the no refund policy associated with this
                                                 receipt signed by you the client.

CLIENT: ___________________________            DATE: ______________________

CO-APPLICANT:_____________________               DATE: ______________________

CONSULTANT: _______________________ DATE: ______________________

                      BORROWERS’ AUTHORIZATION

A sample of the Borrower’s Authorization is shown on the following page. The
Representative will edit the following items on the Authorization before presenting it to a
client for signature:

  1. The Loan Servicing Company
  2. The Date
  3. The loan number and property address
  4. Customer (s) name (s) in body of authorization
  5. Customer name, SSN# and DOB

The document as written has been reviewed by legal staff and therefore cannot be created
as a generic form

                       BORROWERS’ AUTHORIZATION
DELIVERED VIA FAX: 817-665-7234

November 14, 2008

Re: Loan Number: 12345678970-012
Property Address: 1234 Anywhere Lane – Conyers, GA 30094

To whom it may concern:

This form is being used to request payoff information for the borrower mention below, please fax
information to (866) 307-4401.

I, Jone Helpmenow & James Helpmenow , give written permission and authorization to provide
any and all information pertaining to the loan mentioned above, including but not limited to,
payoff and reinstatement amounts, arrears as well as financial history, judgments/liens, escrow
balances and general status to TUARIAN WORLD WIDE INC.

Thank you for your prompt response,

Jane HelpmeNow                       SS#                                  DOB

James HelpmeNow                      SS#                                  DOB

                           SPECIFIC POWER OF ATTORNEY

A sample of the Power of Attorney (POA) is shown on the following page. The
Representative will edit the following items on the Power of Attorney before
presenting it to a client for signature:

  1. The State and County information is upper left of page
  2.                                           to county and state where the property
       Forsyth County, State of GEORGIA – changed
       or asset is located or county where you live.
  3. The name RAMON AGUILAR is to be changed to client name
  4. The Loan Servicing Company Name and loan number
  5. The date DECEMBER 31, 2009 changed to a date six months form the date POA is
  6. The name HELPME NOW changed to client name
  7. The form is to be printed on Legal paper.

   The document as written has been reviewed by legal staff and as such cannot be
                             created as a generic form

State of Georgia
County of Forsyth

                                SPECIFIC POWER OF ATTORNEY

                                                RAMON AGUILAR,
 Resident of Forsyth County, State of GEORGIA, do hereby nominate, constitute and appoint

                                                    TUARIAN WORLDWIDE INC.
As my true and lawful attorney-in-fact for me and in my name, place and stead, and for my use and benefit to
do all of the following things and exercise all of the following powers, to-wit:

   (1) To discuss and negotiate all matters relating to all debts and accounts listed below:

       Loan Servicing Company: SUNTRUST MORTGAGE -- Account Numbers: 00000000-000

Upon such terms and conditions as my said attorney-in-fact shall in his/her sole discretion deems acceptable,

   (2) To execute any and all rights to cancel, certificates of non-recession or any and all other documents
   necessary or required in the judgment of my said attorney-in-fact in order to close the loan in my name and
   for and my behalf;

        Said attorney-in-fact shall have the power to execute in my name and on my behalf any and all
documents of whatever kind necessary to exercise the power granted to him/her by this instrument, and my
said attorney-in-fact shall have full power and authority to do and perform any and all and every act and
everything whatever requisite and necessary to be done in my behalf as fully to all intents and purpose as I
might or could do if personally present.

       This power of attorney shall not be affected by my disability or incompetence. This Power shall expire
on DECEMBER 31, 2009 unless earlier revoked by written instrument executed by me. All persons may rely
upon this Special Power of Attorney as being in full force and effect.

       IN WITNESS WHEREOF, I have hereunto set my hand and affixed my seal, this ______ day of
_________________, 20______.

______________________________________ (SEAL)           __________________________________ (SEAL)
       HELPME NOW                                                    HELPME NOW

Signed, Sealed and Delivered in the presence of:    _________________________________________
                                                             Unofficial Witness

____________________________________Notary Public My Commission Expires:

                            TWI Financial Refund Policy
Due to the nature of the services that we provide, and the costs associated with providing them, refunds will
only be offered under the following conditions:

   1.) All customers will be granted a 3-day Right of Rescission to cancel their contract after the package has
       been accepted with TWI. In this case the customer will receive a full refund without questions and
       without exception.

   2.) TWI is unable to acquire debt, refinance into a zero percentage fixed interest rate, and, or reduce the
       debt at or above the agreed percentage presented on the GFE.

The process takes 90-120 days to complete as long as all the paperwork submitted is complete, without errors
and omissions, and submitted with proper payment. Any of these things can delay the process and cause the
process to exceed the expected time frames given above. In the event TWI experiences delays that are caused
by situations beyond their control such as natural disasters, fire, death, etc. the time lines may need to be
extended within reason.

In the event a refund has to be issued the expected refund time will be 30 days from the date of approval.

______________________________       __________________
Client                                      Date

______________________________       ___________________
Client                                      Date


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