Disclosure & Terms of Use

Introduction
These “Terms of Use” govern your access and use of ClearPath Lending website.  You should read it carefully before accessing or using this website (“Site”)

Acceptance of Terms
By referencing, using or accessing websites owned by ClearPath Lending, you agree to these “Terms of Use”, including agreeing to indemnify and hold harmless ClearPath Lending from all claims of any nature. These “Terms of Use” may be changed at any time at the sole discretion of ClearPath Lending.

Products and Services
ClearPath Lending offers residential mortgage products. Not all products and services may be available in all states.

Calculators/calculations
Mortgage calculators/calculations which may be provided within websites owned by ClearPath Lending are provided solely for estimation and are hypothetical.  They should not be construed to be legal or financial advice. You are responsible for the accuracy of any estimates and should not rely solely on these calculators. You are responsible for obtaining your own competent legal and financial advice from qualified providers before you make any financial decisions.

Secure Websites
By using, accessing or attempting to access websites owned by ClearPath Lending that require the use of passwords or any other method of authentication or any combination of authentication methods (these are defined as “secure websites”), you are certifying you are the person legally associated with the passwords or method(s) of authentication being used. Unauthorized access, attempted access, use or attempted use of secure websites owned by ClearPath Lending is prohibited and may violate federal and/or state law. Unauthorized access, attempted access, use, or attempted use of secure websites owned by ClearPath Lending may be reported to law enforcement agencies.

No Unlawful or Prohibited Use

As a condition of your use of this Site, you warrant to ClearPath Lending, that you will not use this Site for any purpose that is unlawful or prohibited by these terms, conditions, and notices. If you violate any of these terms, your permission to use the Site automatically terminates.

Proprietary Rights

All materials on this Site, as well as visual appearance, content structure, layout and structure are owned and/or licensed by ClearPath Lending. No unauthorized reproduction, distribution, or transmission of the materials at this Site is permitted without the written permission of ClearPath Lending. All rights reserved.

Links to Other Sites – Limitation of Liability
ClearPath Lending may provide links to or from other web sites over which ClearPath Lending does not have control. You agree that ClearPath Lending is not responsible for any liability resulting from the access to, or use of, sites not owned or controlled by ClearPath Lending. You also agree that ClearPath Lending is not responsible for any content, advertising, or products available through these websites. Further, you agree that ClearPath Lending shall not be responsible or liable, directly or indirectly, for any damage or loss caused, or alleged to be caused by or in connection with the use of websites ClearPath Lending owns.

Monitoring and Blocking
ClearPath Lending reserves the right to monitor your access and use of its websites without notification to you. ClearPath Lending may record or log your use in a manner as set out in ClearPath Lending’s Privacy Policy. You agree that ClearPath Lending reserves the right to terminate and/or block your use or access of its websites for any reason without prior notice to you.

No Minor Use

This website is applicable to and should only be used by persons 18 years of age or older. Access and use of this website by persons under the age of 18 is prohibited.

Indemnification
By linking, referencing, using or accessing websites of ClearPath Lending, you agree to these “Terms of Use”, including agreeing to defend, indemnify and hold harmless ClearPath Lending, its officers, directors, employees, agents, licensors, suppliers and any other third party, without limitation, against all losses, expenses, damages and costs, including reasonable attorneys’ fees, resulting from any violation of these “Terms of Use”.

LIMITATION OF LIABILITY

You use this Site at your own risk. If your use of this Site or the materials therein, and it results in costs accrued, damages to you, your computer, your property, requires maintenance, requires software downloads, the need for servicing or replacing property, equipment or data, ClearPath Lending will not be responsible for those costs.
YOU AGREE THAT YOUR ACCESS TO, AND USE OF, WEBSITES OWNED BY CLEARPATH LENDING AND THE CONTENT THEREOF IS AT YOUR RISK. YOU AGREE, THAT UNDER NO CIRCUMSTANCES SHALL CLEARPATH LENDING BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING FROM VIRUSES, WORMS, TROJAN HORSES OR OTHER CODE THAT HAS CONTAMINATING OR DESTRUCTIVE PROPERTIES OR YOUR REFERENCING, USING, ACCESSING, INABILITY TO USE OR ACCESS OR LINKING TO OR FROM THE WEBSITES OF CLEARPATH LENDING OR ANY ERRORS OR OMISSIONS IN THE CONTENT THEREOF, AND CLEARPATH LENDING MAKES NO WARRANTIES, EXPRESS OR IMPLIED, REGARDING SAME. There are some jurisdictions that do not allow for the exclusion of certain warranties or the limitation or exclusion of liability for consequential or incidental damages; in those jurisdictions, the liability of ClearPath Lending is limited to the greatest extent permitted by law.

Governing Law; Severability
These “Terms of Use” are governed by the laws of the State of California with jurisdiction and venue being in Orange County, California. You agree that your referencing, using or accessing websites of ClearPath Lending constitutes your acceptance of the jurisdiction of State or Federal courts in Orange County, California and that legal action brought against or by you must be brought in State or Federal courts in Orange County, California.
In the event any of the provisions of these “Terms of Use” shall be determined by a court of competent jurisdiction to be invalid, any such provision determined to be invalid shall not affect the validity of the remaining provisions.

Fair Lending Policy

ClearPath Lending does not discriminate against any applicant or discourage anyone on a prohibited basis from submitting an application. To assure that our employees have a clear and unequivocal statement of our commitment to a nondiscriminatory method of doing business, we have adopted the following fair lending policy. Employees must be thoroughly familiar with this policy and follow it.

ClearPath Lending its directors, executives and managers recognize the importance and significance of an articulated fair lending policy. The foregoing policy statement is considered to be a core element of the company’s operational business plan. As appropriate and in accordance with the company’s business model, the anti-predatory policy and procedures described herein shall apply to all residential mortgage transactions and represent the full scope of products, property types and geographic locations. The foregoing policies and procedures shall be distributed to all employees on an inter-departmental level. The anti-predatory lending policy shall be strictly enforced on all service delivery channels, including but not limited to: in-person applications, telephone applications, web-based applications and mail applications.

ClearPath Lending has instituted corporate-wide technology systems and workflow processes to ensure compliance to the Dodd-Frank Wall Street Reform and Consumer Protection Act, state-specific consumer disclosures and federal fair lending laws, including: the Equal Credit Opportunity Act (ECOA), Fair Housing Act (FHAct), Fair Credit Reporting Act (FCRA), Home Owners Equity Protection Act (HOEPA), Flood Disclosure Act, Home Mortgage Disclosure Act (HMDA), Real Estate Settlement Procedures Act (RESPA), Truth in Lending Act (TILA), Mortgage Disclosure Improvement Act (MDIA), Appraiser Independence and the Fair and Accurate Transactions Act (FACTA), including the most recent amendment to FACTA regarding Red Flags to identify, detect and mitigate identity theft.

The fair lending program shall comply with the most recently published rules of the Consumer Financial Protection Bureau (CFPB) including, but not limited to, self-examination steps following the procedures outlined in the “Interagency Guidelines for Self-assessment.”

Various state laws also govern fair lending, including New York Executive Law § 296-a, which makes it an unlawful discriminatory practice for any creditor to discriminate on the basis of race, creed, color, national origin, age, sex, marital status, disability, familial status, sexual orientation, or military status; to discriminate on a prohibited basis in the granting, withholding, extending or renewing, or in fixing the rates, terms or conditions of any form of credit; to use any form of application for credit or use or make any record or inquiry which expresses, directly or indirectly, any limitation, specification, or discrimination as to a prohibited bases; to make any inquiry of an applicant concerning his or her capacity to reproduce, or his or her use or advocacy of any form of birth control or family planning; to refuse to consider sources of an applicant’s income or to subject an applicant’s income to discounting, in whole or in part, because of a prohibited basis or childbearing potential; or to discriminate against a married person because such person neither uses nor is known by the surname of his or her spouse.

We make sure that our scoring system is empirically derived and statistically sound and uses no prohibited basis other than age as a predictive factor.

We train our loan personnel in the principles of fair processing and underwriting.

Our Quality Control Department regularly reviews both our loan underwriting standards and the business practices by which we implement them to determine whether they ensure equal lending opportunity and reports to management.

We periodically review our loan portfolio and applications to make sure that we are serving the community adequately and on a nondiscriminatory basis in light of the community’s demographic characteristics and credit demands.

We conspicuously display the poster in a public area of each of our facilities stating that we are ascribing to the Equal Housing Act. Additionally, on all forms of advertisements, regardless of media, we include the Equal Housing Opportunity logo and/or the Equal Housing Opportunity slogan.

Loyalty Program 

This loyalty program is only valid after your first loan funds with ClearPath Lending. Eligibility for the Loyalty Program begins after your first three payments are made on your new loan. Eligibility is also subject to having no credit inquiries from any other mortgage lender for the first 120 days after your loan closes with ClearPath Lending. Market conditions do apply to the loyalty offer. If prevailing market rates at the time of your Loyalty Program eligibility are higher than your existing interest rate, the loyalty offer will not apply.

Changes To Agreement

ClearPath Lending may modify this Agreement at any time, and such modifications shall be effective immediately upon posting of the modified Agreement. Accordingly, you agree to review the Agreement periodically, and your continued access or use of this Site shall be deemed your acceptance of the modified Agreement.