CONSENT FOR USE OF ELECTRONIC RECORDS AND SIGNATURES
Certain statutes, regulations, and rules of law require us to provide information to you "in writing," which means you are entitled to receive the information on paper. The Electronic Signatures in Global and National Commerce Act (E-Sign Act) allows us to provide this information to you electronically through Fay Servicing, LLC’s website, with your consent, instead of providing the information on paper. Your consent is also required to use electronic signatures in our relationship with you. Before you can obtain services or access information electronically, you must review and consent to the terms outlined below.
In this consent:
"We", "our" and "us" refer to Fay Servicing, LLC and all of its subsidiaries, and any person or entity who provides services or information accessed through Fay Servicing, LLC’s website.
"You" and "your" refer to the person giving this consent, and also each additional borrower on the account and anyone else authorized on the account. "Account" refers to the underlying mortgage loan account(s) we service.
"Communications" refer to any borrower agreements or amendments thereto, billing statements, disclosures, notices, transaction history, privacy policies, and all other information related to the Account, including but not limited to information that we are required by law to provide to you in writing, or that you sign and agree to at our request.
Your consent for the use of electronic records and signatures. At our discretion, the Communications we provide to you, or that you sign or agree to, may be in an electronic form, and we may discontinue sending paper Communications to you, unless and until you withdraw your consent as described below.
We may also use electronic signatures and obtain them from you as part of our transactions with you. We may, at our discretion, provide you with any Communication in writing, even if you have chosen to receive it electronically.
If the law or your loan documents require you to give us written notice, you must provide notice to us on paper, unless we specifically tell you how you may provide notice to us electronically in another Communication.
We will deliver Communications to you in writing even if you consent to receive those Communications electronically, if the law prohibits electronic delivery of those Communications to you.
Providing electronic Communications to you. All Communications we provide to you electronically will be provided by access to a website designated by us, unless you withdraw your consent to receive Communications electronically. We may send email notification at the time an electronic Communication is available to you. You could be required to demonstrate the ability to access an electronic Communication on our designated website before you are given the option of not receiving any such email notifications. In the event that any term of this consent conflicts with our privacy statement concerning your option to opt out of receiving email notification, the terms of this consent govern
Withdrawal of your consent. You have the right to withdraw your consent to receive Communications electronically at any time. If you are receiving Communications electronically, the withdrawal of your consent may result in the inability to view and retain such Communications electronically. Withdrawal of your consent to receive Communications electronically may also cause paper Communications to be mailed only to certain borrowers on the Account via the U.S. Postal Service or other delivery service. To withdraw consent, log into www.fayservicing.com, click on "Statements and Documents," then select "e-Statement Registration" to change your delivery preference, or contact us at 1-800-495-7166. At our option, we may treat your provision of an invalid email address, or the subsequent malfunction of a previously valid email address, as withdrawal of your consent to receive Communications electronically. We will not impose a fee to process the withdrawal of your consent to receive Communications electronically. Your withdrawal of consent will become effective after we have had a reasonable opportunity to act upon it.
You must maintain a valid email address with us. You must promptly notify us of any change in your email address. You may update your email address by logging into www.fayservicing.com, clicking on "My Profile," then selecting "My Contact Info," or contact us at 1-800-495-7166
Requesting paper copies of Communications. We will not send you a paper copy of any Communication which is available electronically unless you request it or we otherwise deem it appropriate to do so. You can obtain a paper copy of an electronic Communication by printing it yourself or by requesting that we mail you a paper copy. To request a paper copy of a Communication, contact us at 1-800-495-7166. We will not charge any fee for such copy.
Hardware and Software Requirements. To receive and retain Communications electronically, you must have access to:
Change in our hardware and software requirements. If our hardware or software requirements change, and that change would create a material risk that you would not be able to view or retain your Communications electronically, we will give you notice of the revised hardware or software requirements. Continuing to view and retain electronic Communications after receiving notice of the change is reaffirmation of your consent.