CRA Certification to Secondary Users

Mortgage CRA: Contract 2 of 2

  • 1. The undersigned consumer reporting agency member ("CRA") of the National Credit Reporting Association, Inc. ("NCRA") agrees to furnish existing consumer reports to the hyperlinked list of joint or secondary users ("Users") for the sole purposes of qualifying, approving, and/or underwriting mortgage loan applications.

  • 2. CRA certifies that is has an existing contractual relationship with the original end-users of consumer reports entitling such original end-user to access the consumer report requested. CRA certifies that such contractual relationship includes limitations in which such end-users shall use each consumer report only for a one-time use and shall hold the report in strict confidence, and not disclose the consumer report to any third parties; provided, however that User may, but is not required to, disclose the report to the subject of the report.

  • 3. CRA certifies that it has existing relationships with other CRAs that may include Trans Union, Equifax Information Services, and Experian Information Solutions (collectively, "national CRAs"). CRA further certifies that CRA is aware of and complies with any and all regulations, policies, requirements, and procedures instituted by the national CRAs.

     

  • 4. CRA certifies that it will comply with all federal, state and local statutes, regulations and rules applicable to consumer credit information, including, without limitation the FCRA, including any changes enacted to the FCRA during the term of this Agreement, the Gramm Leach Bliley Act and any updates, revisions or impending regulations, any state or local laws governing the disclosure of consumer credit information, and any regulations or limitations promulgated by the national CRAs.. Specifically, CRA certifies that it will furnish a consumer report:

    - In accordance with the written instructions of the consumer to whom it relates

    - In connection with a credit transaction involving the consumer on whom the information is to be furnished and involving the extension of credit to, or review or collection of an account of, the consumer

    - In connection with the underwriting of insurance involving the consumer

    - As a potential investor or servicer, or current insurer, in connection with a valuation of, or an assessment of the credit or prepayment risks associated with, an existing credit obligation

    CRA certifies that it will allow the national CRAs to have the right to audit records of CRA that are relevant to the provision of services set forth in this agreement. CRA will maintain copies of all written authorizations for a minimum of five years from the date of inquiry and provide User copies upon request. CRA will notify one of the national CRAs within 24 hours of any breach of security if personal information of consumers was, or is reasonably believed to have been, acquired by an unauthorized person
    5. CRA certifies that it will fully support and implement policies that protect the confidential nature of information furnished by and through CRA and insure that respect for consumers' rights to privacy are maintained. CRA will implement strict security procedures designed to ensure that its employees and agents use the services and the credit information in accordance with this Agreement and for no purposes other than is permitted by this Agreement.

    6. No information furnished by CRA is guaranteed nor is CRA in any way responsible for such information.

    7. This certification shall continue in force without any fixed date of termination, subject to cancellation upon thirty (30) days prior written notice. 8. CRA understands that certain consumer credit information delivered to User by CRA is obtained from the nationwide CRAs, each of which impose different conditions on the acquisition, use and disposal of such information. CRA also understands that 15 U.S.C. 1681 et seq. also requires certain other responsibilities for consumer reporting agencies, and certifies that it will abide by those responsibilities with regards to these joint use/secondary use reports as defined in the end-user agreements reference in paragraph three (3) above.

    8. 15 U.S.C. 1681 et seq. PROVIDES THAT ANY PERSON WHO KNOWINGLY AND WILLFULLY OBTAINS INFORMATION ON A CONSUMER FROM A CONSUMER REPORTING AGENCY UNDER FALSE PRETENSES SHALL BE FINED UNDER TITLE 18, UNITED STATES CODE, IMPRISONED NOT MORE THAN TWO YEARS, OR BOTH.

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