Consent to use electronic records and signatures
From time to time, Guild Mortgage Company (“we” or “us”) is required by law to provide you with certain notices, disclosures, and other documents “in writing,” which means that you have a right to receive that information on paper. We need your consent to provide you with this information electronically, instead. We also need your general consent to use electronic records and signatures in our relationship with you. Please read the information below carefully and thoroughly. If you can access this information electronically and agree to be bound by these terms and conditions, please check the box or click the button to proceed.
Your Consent Covers All Records Provided to You
Unless your consent is withdrawn in accordance with the procedure described herein, you agree that we will provide to you in electronic format all notices, disclosures, authorizations, acknowledgements, and other records which we make available and/or are legally required to make available during the course of our origination and servicing of your mortgage loan (“Communications”). These Communications include, without limitation, appraisals and disclosures or notices required under state, local, and federal law, together with all rules and regulations that implement the same, and rules, regulations, and ordinances applicable to the mortgage loan application, origination, and servicing processes. We may also use electronic signatures and obtain them from you on any Communication. All Communications that we provide to you in electronic format will be through (i) email; (ii) attachments to email; (iii) by accessing a website that we will designate in an email, text message, or other electronic notice we send at the time the information is available; (iv) the DocuSign, Inc. electronic signing system (“DocuSign”); and/or (v) the eOriginal SmartSign® Web Signature Service (collectively, the “electronic delivery system”). To the extent that applicable law or our agreement with you requires you to give us a written notice, you must still provide such notice to us on paper unless we specifically notify you as to how you may electronically deliver it to us. Additionally, there may be certain written Communications that we are not legally permitted to deliver to you electronically, even with your consent. So long as required by law, we will continue to deliver those Communications to you on paper. However, if the law changes in the future and permits any of those Communications to be delivered in electronic format, this consent will automatically cover those Communications as well.
Your Right to Request Paper Copies
You may request paper or non-electronic records by submitting your request at any time in accordance with the section entitled “Procedures for Requesting Paper Copies, Withdrawing Consent, and Updating Your Contact Information” herein. You will not be charged a fee for paper copies. You may also download and print documents, including this consent, that we send to you through the electronic delivery system.
Your Right to Withdraw Consent
You may withdraw your consent to receive electronic Communications at any time in accordance with the section entitled “Procedures for Requesting Paper Copies, Withdrawing Consent, and Updating Your Contact Information” herein. Your withdrawal of consent will become effective within a reasonable period of time after our receipt of it.
Conditions and Consequences of Withdrawing Consent
Your withdrawal of consent to receive electronic Communications from us may result in delayed delivery of services and hinder our ability to timely complete transactions with you. You will not be charged a fee for withdrawing your consent; however, there may be fees charged to you as a result of transactional delays directly or indirectly arising from, related to, or associated with your withdrawal.
Hardware and Software Requirements
To access and retain the electronic Communications that we provide to you through the electronic delivery system, you must have the minimum following hardware, software, and capabilities:
- A personal computer or other device which is capable of accessing the Internet;
- A connection to the Internet;
- Browsers: Latest stable release (except where noted) of Internet Explorer® (8.0 or above, DocuSign compatibility mode is supported only for 9.0 and above); Windows Edge; Mozilla® Firefox®, Safari™; Google Chrome®;
- Mobile Web Signing: Apple iOS® 7.0 or above. Android™ 4.0 or above;
- Mobile Applications: Apple iOS® 8.0 and above; Android™ 4.0 and above; Windows 8.1 and above; Windows 10; Windows Phone 8.1;
- Screen Resolution: 1024 x 768 minimum;
- Enabled Security Settings: Allow per session cookies;
- A valid email address and any plug-ins necessary to access potentially encrypted communications;
- A current version of a program that accurately reads and displays Portable Document Format (PDF) files, such as Adobe Acrobat Reader;
- A printer capable of printing text screens, should you wish to print and retain records on paper; and
- Electronic storage, should you wish to retain records in electronic form.
We reserve the right to change these minimum requirements at any time or to discontinue support of any hardware or software if, in our sole opinion, it suffers from a security flaw or other flaw that makes it unsuitable for use with our services. We will notify you if our hardware or software requirements change, only if such change creates a material risk that you will not be able to access or retain a subsequent electronic Communication that is the subject of this consent disclosure. Continuing to use our services after receiving notice of a change is reaffirmation of your consent.
Procedures for Requesting Paper Copies, Withdrawing Consent, and Updating Your Contact Information
Requesting Paper Copies: You must send a request to receive paper or non-electronic records by emailing your loan officer and, in the body of your email, stating your full name, email address, mailing address where you would like the paper records to be delivered, and telephone number. Withdrawing Your Consent: You must send your withdrawal of consent by emailing your loan officer and, in the body of your email, stating your full name, email address, mailing address where you would like subsequent paper records to be delivered, and telephone number. Updating Your Contact Information: It is your responsibility to provide us with, and to keep current, the primary email address at which you wish to receive electronic communications. You can update your primary email address by emailing your loan officer and, in the body of your email, providing both your previous email address and your new email address.
Termination/Changes
We reserve the right, in our sole discretion, to discontinue sending you electronic Communications, or to terminate or change the terms and conditions on which we provide electronic Communications. We will provide you with notice of any such termination or change as required by law.
Updated 4.29.2020