The PA 3039 form is a legal document utilized primarily in Pennsylvania for mortgage transactions. It provides a comprehensive framework, defining terms, outlining the obligations of borrowers and lenders, and detailing the rights transferred in the property under a mortgage agreement. This form serves as a standardized contract to ensure clarity and uniformity in real estate dealings within the state.
The PA 3039 form, a comprehensive document utilized within Pennsylvania's real estate sector, establishes a uniform set of terms and conditions pertaining to mortgage transactions. At its core, the form serves as a security instrument, outlining the obligations between borrowers and lenders in the context of a mortgage loan. Key components include definitions that clarify terms used throughout the document, borrower and lender information, specifications of the loan, and detailed descriptions of the property in question. Additionally, it includes conditions related to the transfer of rights in the property, the application of payments, and the handling of escrow items, insurance, and community association dues. Moreover, this form discusses various riders that may be attached to accommodate specific terms not covered in the standard agreement. The PA 3039 form also addresses compliance with applicable laws, including the Real Estate Settlement Procedures Act (RESPA), ensuring both parties are aware of their rights and responsibilities under federal and state regulations. With its blend of uniform and jurisdiction-specific clauses, the PA 3039 form is a pivotal document that supports the structured and legal transfer of real estate ownership under a mortgage agreement within Pennsylvania.
After Recording Return To:
______________________
___________________ [Space Above This Line For Recording Data]
____________________
MORTGAGE
DEFINITIONS
Words used in multiple sections of this document are defined below and other words are defined in Sections 3, 11, 13, 18, 20, 21 and 27. Certain rules regarding the usage of words used in this document are also provided in Section 16.
(A)
“Security
Instrument”
means
this
document,
which
is
dated
___________________________, ________, together with all Riders to this document.
(B)
“Borrower” is ____________________________________________________. Borrower
is the mortgagor under this Security Instrument.
(C)
“Lender”
is ______________________________________.
Lender
is a
_______________________
organized
and
existing
under
the
laws
of
______________________.
Lender’s
address
_____________________________________________________________.
Lender is the
mortgagee under this Security Instrument.
(D)
“Note” means
the promissory
note
signed
by
Borrower
_______________________,
_____.
The
Note
states
that Borrower
owes Lender
_______________________________________ Dollars (U.S. $__________________) plus
interest. Borrower has promised to pay this debt in regular Periodic Payments and to pay the debt in full not later than __________________________.
(E) “Property” means the property that is described below under the heading “Transfer of Rights in the Property.”
(F) “Loan” means the debt evidenced by the Note, plus interest, any prepayment charges and
late charges due under the Note, and all sums due under this Security Instrument, plus interest. (G) “Riders” means all Riders to this Security Instrument that are executed by Borrower. The
following Riders are to be executed by Borrower [check box as applicable]:
Adjustable Rate Rider
Condominium Rider
Second Home Rider
Balloon Rider
Planned Unit Development Rider
Other(s)________[specify]
1-4 Family Rider
Biweekly Payment Rider
PENNSYLVANIA--Single Family--Fannie Mae/Freddie Mac UNIFORM INSTRUMENT
Form 3039 1/01 (rev. 2/16) (page 1 of 16)
(H) “Applicable Law” means all controlling applicable federal, state and local statutes, regulations, ordinances and administrative rules and orders (that have the effect of law) as well
as all applicable final, non-appealable judicial opinions.
(I) “Community Association Dues, Fees, and Assessments” means all dues, fees, assessments and other charges that are imposed on Borrower or the Property by a condominium association,
homeowners association or similar organization.
(J) “Electronic Funds Transfer” means any transfer of funds, other than a transaction originated by check, draft, or similar paper instrument, which is initiated through an electronic terminal, telephonic instrument, computer, or magnetic tape so as to order, instruct, or authorize a financial institution to debit or credit an account. Such term includes, but is not limited to, point-of-sale transfers, automated teller machine transactions, transfers initiated by telephone,
wire transfers, and automated clearinghouse transfers.
(K) “Escrow Items” means those items that are described in Section 3.
(L) “Miscellaneous Proceeds” means any compensation, settlement, award of damages, or proceeds paid by any third party (other than insurance proceeds paid under the coverages described in Section 5) for: (i) damage to, or destruction of, the Property; (ii) condemnation or other taking of all or any part of the Property; (iii) conveyance in lieu of condemnation; or
(iv) misrepresentations of, or omissions as to, the value and/or condition of the Property.
(M) “Mortgage Insurance” means insurance protecting Lender against the nonpayment of, or
default on, the Loan.
(N) “Periodic Payment” means the regularly scheduled amount due for (i) principal and
interest under the Note, plus (ii) any amounts under Section 3 of this Security Instrument.
(O) “RESPA” means the Real Estate Settlement Procedures Act (12 U.S.C. §2601 et seq.) and its implementing regulation, Regulation X (12 C.F.R. Part 1024), as they might be amended from
time to time, or any additional or successor legislation or regulation that governs the same subject matter. As used in this Security Instrument, “RESPA” refers to all requirements and restrictions that are imposed in regard to a “federally related mortgage loan” even if the Loan does not qualify as a “federally related mortgage loan” under RESPA.
(P) “Successor in Interest of Borrower” means any party that has taken title to the Property, whether or not that party has assumed Borrower’s obligations under the Note and/or this Security
Instrument.
Form 3039 1/01 (rev. 2/16) (page 2 of 16)
TRANSFER OF RIGHTS IN THE PROPERTY
This Security Instrument secures to Lender: (i) the repayment of the Loan, and all renewals, extensions and modifications of the Note; and (ii) the performance of Borrower’s covenants and
agreements under this Security Instrument and the Note. For this purpose, Borrower does hereby mortgage, grant and convey to Lender the following described property located in the
_____________________________________
______________________________________:
[Type of Recording Jurisdiction]
[Name of Recording Jurisdiction]
which currently has the address of __________________________________________________
[Street]
________________________________, Pennsylvania _______________(“Property Address”):
[City]
[Zip Code]
TOGETHER WITH all the improvements now or hereafter erected on the property, and all easements, appurtenances, and fixtures now or hereafter a part of the property. All
replacements and additions shall also be covered by this Security Instrument. All of the foregoing is referred to in this Security Instrument as the “Property.”
BORROWER COVENANTS that Borrower is lawfully seised of the estate hereby conveyed and has the right to mortgage, grant and convey the Property and that the Property is unencumbered, except for encumbrances of record. Borrower warrants and will defend generally the title to the Property against all claims and demands, subject to any encumbrances of record.
THIS SECURITY INSTRUMENT combines uniform covenants for national use and non-uniform covenants with limited variations by jurisdiction to constitute a uniform security instrument covering real property.
UNIFORM COVENANTS. Borrower and Lender covenant and agree as follows:
1.Payment of Principal, Interest, Escrow Items, Prepayment Charges, and Late Charges. Borrower shall pay when due the principal of, and interest on, the debt evidenced by
Form 3039 1/01 (rev. 2/16) (page 3 of 16)
the Note and any prepayment charges and late charges due under the Note. Borrower shall also pay funds for Escrow Items pursuant to Section 3. Payments due under the Note and this Security Instrument shall be made in U.S. currency. However, if any check or other instrument received by Lender as payment under the Note or this Security Instrument is returned to Lender unpaid, Lender may require that any or all subsequent payments due under the Note and this Security Instrument be made in one or more of the following forms, as selected by Lender:
(a)cash; (b) money order; (c) certified check, bank check, treasurer’s check or cashier’s check, provided any such check is drawn upon an institution whose deposits are insured by a federal agency, instrumentality, or entity; or (d) Electronic Funds Transfer.
Payments are deemed received by Lender when received at the location designated in the Note or at such other location as may be designated by Lender in accordance with the notice provisions in Section 15. Lender may return any payment or partial payment if the payment or partial payments are insufficient to bring the Loan current. Lender may accept any payment or partial payment insufficient to bring the Loan current, without waiver of any rights hereunder or prejudice to its rights to refuse such payment or partial payments in the future, but Lender is not obligated to apply such payments at the time such payments are accepted. If each Periodic Payment is applied as of its scheduled due date, then Lender need not pay interest on unapplied funds. Lender may hold such unapplied funds until Borrower makes payment to bring the Loan current. If Borrower does not do so within a reasonable period of time, Lender shall either apply such funds or return them to Borrower. If not applied earlier, such funds will be applied to the outstanding principal balance under the Note immediately prior to foreclosure. No offset or claim which Borrower might have now or in the future against Lender shall relieve Borrower from making payments due under the Note and this Security Instrument or performing the covenants and agreements secured by this Security Instrument.
2.Application of Payments or Proceeds. Except as otherwise described in this Section 2, all payments accepted and applied by Lender shall be applied in the following order of priority: (a) interest due under the Note; (b) principal due under the Note; (c) amounts due under Section 3. Such payments shall be applied to each Periodic Payment in the order in which it became due. Any remaining amounts shall be applied first to late charges, second to any other amounts due under this Security Instrument, and then to reduce the principal balance of the Note.
If Lender receives a payment from Borrower for a delinquent Periodic Payment which includes a sufficient amount to pay any late charge due, the payment may be applied to the delinquent payment and the late charge. If more than one Periodic Payment is outstanding, Lender may apply any payment received from Borrower to the repayment of the Periodic Payments if, and to the extent that, each payment can be paid in full. To the extent that any excess exists after the payment is applied to the full payment of one or more Periodic Payments, such excess may be applied to any late charges due. Voluntary prepayments shall be applied first to any prepayment charges and then as described in the Note.
Any application of payments, insurance proceeds, or Miscellaneous Proceeds to principal due under the Note shall not extend or postpone the due date, or change the amount, of the Periodic Payments.
3.Funds for Escrow Items. Borrower shall pay to Lender on the day Periodic
Payments are due under the Note, until the Note is paid in full, a sum (the “Funds”) to provide for payment of amounts due for: (a) taxes and assessments and other items which can attain priority over this Security Instrument as a lien or encumbrance on the Property; (b) leasehold
Form 3039 1/01 (rev. 2/16) (page 4 of 16)
payments or ground rents on the Property, if any; (c) premiums for any and all insurance required by Lender under Section 5; and (d) Mortgage Insurance premiums, if any, or any sums
payable by Borrower to Lender in lieu of the payment of Mortgage Insurance premiums in accordance with the provisions of Section 10. These items are called “Escrow Items.” At
origination or at any time during the term of the Loan, Lender may require that Communit y Association Dues, Fees, and Assessments, if any, be escrowed by Borrower, and such dues, fees and assessments shall be an Escrow Item. Borrower shall promptly furnish to Lender all notices of amounts to be paid under this Section. Borrower shall pay Lender the Funds for Escrow Items
unless Lender waives Borrower’s obligation to pay the Funds for any or all Escrow Items. Lender may waive Borrower’s obligation to pay to Lender Funds for any or all Escrow Items at
any time. Any such waiver may only be in writing. In the event of such waiver, Borrower shall pay directly, when and where payable, the amounts due for any Escrow Items for which payment
of Funds has been waived by Lender and, if Lender requires, shall furnish to Lender receipts evidencing such payment within such time period as Lender may require. Borrower’s obligation
to make such payments and to provide receipts shall for all purposes be deemed to be a covenant and agreement contained in this Security Instrument, as the phrase “covenant and agreement” is
used in Section 9. If Borrower is obligated to pay Escrow Items directly, pursuant to a waiver, and Borrower fails to pay the amount due for an Escrow Item, Lender may exercise its rights under Section 9 and pay such amount and Borrower shall then be obligated under Section 9 to repay to Lender any such amount. Lender may revoke the waiver as to any or all Escrow Items at any time by a notice given in accordance with Section 15 and, upon such revocation, Borrower shall pay to Lender all Funds, and in such amounts, that are then required under this Section 3.
Lender may, at any time, collect and hold Funds in an amount (a) sufficient to permit Lender to apply the Funds at the time specified under RESPA, and (b) not to exceed the maximum amount a lender can require under RESPA. Lender shall estimate the amount of Funds due on the basis of current data and reasonable estimates of expenditures of future Escrow Items or otherwise in accordance with Applicable Law.
The Funds shall be held in an institution whose deposits are insured by a federal agency, instrumentality, or entity (including Lender, if Lender is an institution whose deposits are so insured) or in any Federal Home Loan Bank. Lender shall apply the Funds to pay the Escrow Items no later than the time specified under RESPA. Lender shall not charge Borrower for holding and applying the Funds, annually analyzing the escrow account, or verifying the Escrow Items, unless Lender pays Borrower interest on the Funds and Applicable Law permits Lender to make such a charge. Unless an agreement is made in writing or Applicable Law requires interest to be paid on the Funds, Lender shall not be required to pay Borrower any interest or earnings on the Funds. Borrower and Lender can agree in writing, however, that interest shall be paid on the Funds. Lender shall give to Borrower, without charge, an annual accounting of the Funds as required by RESPA.
If there is a surplus of Funds held in escrow, as defined under RESPA, Lender shall account to Borrower for the excess funds in accordance with RESPA. If there is a shortage of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by RESPA, and Borrower shall pay to Lender the amount necessary to make up the shortage in accordance with RESPA, but in no more than 12 monthly payments. If there is a deficiency of Funds held in escrow, as defined under RESPA, Lender shall notify Borrower as required by
Form 3039 1/01 (rev. 2/16) (page 5 of 16)
RESPA, and Borrower shall pay to Lender the amount necessary to make up the deficiency in accordance with RESPA, but in no more than 12 monthly payments.
Upon payment in full of all sums secured by this Security Instrument, Lender shall promptly refund to Borrower any Funds held by Lender.
4.Charges; Liens. Borrower shall pay all taxes, assessments, charges, fines, and impositions attributable to the Property which can attain priority over this Security Instrument, leasehold payments or ground rents on the Property, if any, and Community Association Dues, Fees, and Assessments, if any. To the extent that these items are Escrow Items, Borrower shall pay them in the manner provided in Section 3.
Borrower shall promptly discharge any lien which has priority over this Security Instrument unless Borrower: (a) agrees in writing to the payment of the obligation secured by the lien in a manner acceptable to Lender, but only so long as Borrower is performing such
agreement; (b) contests the lien in good faith by, or defends against enforcement of the lien in, legal proceedings which in Lender’s opinion operate to prevent the enforcement of the lien while
those proceedings are pending, but only until such proceedings are concluded; or (c) secures from the holder of the lien an agreement satisfactory to Lender subordinating the lien to this Security Instrument. If Lender determines that any part of the Property is subject to a lien which can attain priority over this Security Instrument, Lender may give Borrower a notice identifying the lien. Within 10 days of the date on which that notice is given, Borrower shall satisfy the lien or take one or more of the actions set forth above in this Section 4.
Lender may require Borrower to pay a one-time charge for a real estate tax verification and/or reporting service used by Lender in connection with this Loan.
5.Property Insurance. Borrower shall keep the improvements now existing or
hereafter erected on the Property insured against loss by fire, hazards included within the term “extended coverage,” and any other hazards including, but not limited to, earthquakes and
floods, for which Lender requires insurance. This insurance shall be maintained in the amounts (including deductible levels) and for the periods that Lender requires. What Lender requires pursuant to the preceding sentences can change during the term of the Loan. The insurance
carrier providing the insurance shall be chosen by Borrower subject to Lender’s right to disapprove Borrower’s choice, which right shall not be exercised unreasonably. Lender may
require Borrower to pay, in connection with this Loan, either: (a) a one-time charge for flood zone determination, certification and tracking services; or (b) a one-time charge for flood zone determination and certification services and subsequent charges each time remappings or similar changes occur which reasonably might affect such determination or certification. Borrower shall also be responsible for the payment of any fees imposed by the Federal Emergency Management Agency in connection with the review of any flood zone determination resulting from an objection by Borrower.
If Borrower fails to maintain any of the coverages described above, Lender may obtain insurance coverage, at Lender’s option and Borrower’s expense. Lender is under no obligation
to purchase any particular type or amount of coverage. Therefore, such coverage shall cover
Lender, but might or might not protect Borrower, Borrower’s equity in the Property, or the contents of the Property, against any risk, hazard or liability and might provide greater or lesser coverage than was previously in effect. Borrower acknowledges that the cost of the insurance coverage so obtained might significantly exceed the cost of insurance that Borrower could have obtained. Any amounts disbursed by Lender under this Section 5 shall become additional debt of
Form 3039 1/01 (rev. 2/16) (page 6 of 16)
Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
All insurance policies required by Lender and renewals of such policies shall be subject to Lender’s right to disapprove such policies, shall include a standard mortgage clause, and shall
name Lender as mortgagee and/or as an additional loss payee. Lender shall have the right to hold the policies and renewal certificates. If Lender requires, Borrower shall promptly give to Lender all receipts of paid premiums and renewal notices. If Borrower obtains any form of insurance coverage, not otherwise required by Lender, for damage to, or destruction of, the Property, such policy shall include a standard mortgage clause and shall name Lender as mortgagee and/or as an additional loss payee.
In the event of loss, Borrower shall give prompt notice to the insurance carrier and Lender. Lender may make proof of loss if not made promptly by Borrower. Unless Lender and Borrower otherwise agree in writing, any insurance proceeds, whether or not the underlying
insurance was required by Lender, shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender’s security is not lessened. During such
repair and restoration period, Lender shall have the right to hold such insurance proceeds until
Lender has had an opportunity to inspect such Property to ensure the work has been completed to
Lender’s satisfaction, provided that such inspection shall be undertaken promptly. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such insurance proceeds, Lender shall not be required to pay Borrower any interest or earnings on such proceeds. Fees for public adjusters, or other third
parties, retained by Borrower shall not be paid out of the insurance proceeds and shall be the sole obligation of Borrower. If the restoration or repair is not economically feasible or Lender’s
security would be lessened, the insurance proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such insurance proceeds shall be applied in the order provided for in Section 2.
If Borrower abandons the Property, Lender may file, negotiate and settle any available insurance claim and related matters. If Borrower does not respond within 30 days to a notice from Lender that the insurance carrier has offered to settle a claim, then Lender may negotiate and settle the claim. The 30-day period will begin when the notice is given. In either event, or if Lender acquires the Property under Section 22 or otherwise, Borrower hereby assigns to Lender
(a)Borrower’s rights to any insurance proceeds in an amount not to exceed the amounts unpaid under the Note or this Security Instrument, and (b) any other of Borrower’s rights (other than the right to any refund of unearned premiums paid by Borrower) under all insurance policies covering the Property, insofar as such rights are applicable to the coverage of the Property. Lender may use the insurance proceeds either to repair or restore the Property or to pay amounts
unpaid under the Note or this Security Instrument, whether or not then due.
6.Occupancy. Borrower shall occupy, establish, and use the Property as Borrower’s
principal residence within 60 days after the execution of this Security Instrument and shall continue to occupy the Property as Borrower’s principal residence for at least one year after the
date of occupancy, unless Lender otherwise agrees in writing, which consent shall not be
Form 3039 1/01 (rev. 2/16) (page 7 of 16)
unreasonably withheld, or unless extenuating circumstances exist which are beyond Borrower’s control.
7.Preservation, Maintenance and Protection of the Property; Inspections. Borrower shall not destroy, damage or impair the Property, allow the Property to deteriorate or commit waste on the Property. Whether or not Borrower is residing in the Property, Borrower shall maintain the Property in order to prevent the Property from deteriorating or decreasing in value due to its condition. Unless it is determined pursuant to Section 5 that repair or restoration is not economically feasible, Borrower shall promptly repair the Property if damaged to avoid further deterioration or damage. If insurance or condemnation proceeds are paid in connection with damage to, or the taking of, the Property, Borrower shall be responsible for repairing or restoring the Property only if Lender has released proceeds for such purposes. Lender may disburse proceeds for the repairs and restoration in a single payment or in a series of progress
payments as the work is completed. If the insurance or condemnation proceeds are not sufficient to repair or restore the Property, Borrower is not relieved of Borrower’s obligation for the
completion of such repair or restoration.
Lender or its agent may make reasonable entries upon and inspections of the Property. If it has reasonable cause, Lender may inspect the interior of the improvements on the Property. Lender shall give Borrower notice at the time of or prior to such an interior inspection specifying such reasonable cause.
8.Borrower’s Loan Application. Borrower shall be in default if, during the Loan
application process, Borrower or any persons or entities acting at the direction of Borrower or with Borrower’s knowledge or consent gave materially false, misleading, or inaccurate
information or statements to Lender (or failed to provide Lender with material information) in
connection with the Loan. Material representations include, but are not limited to, representations concerning Borrower’s occupancy of the Property as Borrower’s principal
residence.
9.Protection of Lender’s Interest in the Property and Rights Under this Security
Instrument. If (a) Borrower fails to perform the covenants and agreements contained in this Security Instrument, (b) there is a legal proceeding that might significantly affect Lender’s
interest in the Property and/or rights under this Security Instrument (such as a proceeding in bankruptcy, probate, for condemnation or forfeiture, for enforcement of a lien which may attain priority over this Security Instrument or to enforce laws or regulations), or (c) Borrower has
abandoned the Property, then Lender may do and pay for whatever is reasonable or appropriate to protect Lender’s interest in the Property and rights under this Security Instrument, including
protecting and/or assessing the value of the Property, and securing and/or repairing the Property. Lender’s actions can include, but are not limited to: (a) paying any sums secured by a lien which
has priority over this Security Instrument; (b) appearing in court; and (c) paying reasonable attorneys’ fees to protect its interest in the Property and/or rights under this Security Instrument,
including its secured position in a bankruptcy proceeding. Securing the Property includes, but is not limited to, entering the Property to make repairs, change locks, replace or board up doors and windows, drain water from pipes, eliminate building or other code violations or dangerous conditions, and have utilities turned on or off. Although Lender may take action under this Section 9, Lender does not have to do so and is not under any duty or obligation to do so. It is agreed that Lender incurs no liability for not taking any or all actions authorized under this Section 9.
Form 3039 1/01 (rev. 2/16) (page 8 of 16)
Any amounts disbursed by Lender under this Section 9 shall become additional debt of Borrower secured by this Security Instrument. These amounts shall bear interest at the Note rate from the date of disbursement and shall be payable, with such interest, upon notice from Lender to Borrower requesting payment.
If this Security Instrument is on a leasehold, Borrower shall comply with all the provisions of the lease. If Borrower acquires fee title to the Property, the leasehold and the fee title shall not merge unless Lender agrees to the merger in writing.
10.Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan, Borrower shall pay the premiums required to maintain the Mortgage Insurance in effect. If, for any reason, the Mortgage Insurance coverage required by Lender ceases to be available from the mortgage insurer that previously provided such insurance and Borrower was required to make separately designated payments toward the premiums for Mortgage Insurance, Borrower shall pay the premiums required to obtain coverage substantially equivalent to the Mortgage Insurance previously in effect, at a cost substantially equivalent to the cost to Borrower of the Mortgage Insurance previously in effect, from an alternate mortgage insurer selected by Lender. If substantially equivalent Mortgage Insurance coverage is not available, Borrower shall continue to pay to Lender the amount of the separately designated payments that were due when the insurance coverage ceased to be in effect. Lender will accept, use and retain these payments as a non-refundable loss reserve in lieu of Mortgage Insurance. Such loss reserve shall be non-refundable, notwithstanding the fact that the Loan is ultimately paid in full, and Lender shall not be required to pay Borrower any interest or earnings on such loss reserve. Lender can no longer require loss reserve payments if Mortgage Insurance coverage (in the amount and for the period that Lender requires) provided by an insurer selected by Lender again becomes available, is obtained, and Lender requires separately designated payments toward the premiums for Mortgage Insurance. If Lender required Mortgage Insurance as a condition of making the Loan and Borrower was required to make separately designated payments toward the
premiums for Mortgage Insurance, Borrower shall pay the premiums required to maintain Mortgage Insurance in effect, or to provide a non-refundable loss reserve, until Lender’s
requirement for Mortgage Insurance ends in accordance with any written agreement between
Borrower and Lender providing for such termination or until termination is required by Applicable Law. Nothing in this Section 10 affects Borrower’s obligation to pay interest at the
rate provided in the Note.
Mortgage Insurance reimburses Lender (or any entity that purchases the Note) for certain losses it may incur if Borrower does not repay the Loan as agreed. Borrower is not a party to the Mortgage Insurance.
Mortgage insurers evaluate their total risk on all such insurance in force from time to time, and may enter into agreements with other parties that share or modify their risk, or reduce losses. These agreements are on terms and conditions that are satisfactory to the mortgage insurer and the other party (or parties) to these agreements. These agreements may require the mortgage insurer to make payments using any source of funds that the mortgage insurer may have available (which may include funds obtained from Mortgage Insurance premiums).
As a result of these agreements, Lender, any purchaser of the Note, another insurer, any
reinsurer, any other entity, or any affiliate of any of the foregoing, may receive (directly or indirectly) amounts that derive from (or might be characterized as) a portion of Borrower’s payments for Mortgage Insurance, in exchange for sharing or modifying the mortgage insurer’s
Form 3039 1/01 (rev. 2/16) (page 9 of 16)
risk, or reducing losses. If such agreement provides that an affiliate of Lender takes a share of the insurer’s risk in exchange for a share of the premiums paid to the insurer, the arrangement is often termed “captive reinsurance.” Further:
(a)Any such agreements will not affect the amounts that Borrower has agreed to pay for Mortgage Insurance, or any other terms of the Loan. Such agreements will not increase the amount Borrower will owe for Mortgage Insurance, and they will not entitle Borrower to any refund.
(b)Any such agreements will not affect the rights Borrower has – if any – with respect to the Mortgage Insurance under the Homeowners Protection Act of 1998 or any other law. These rights may include the right to receive certain disclosures, to request and obtain cancellation of the Mortgage Insurance, to have the Mortgage Insurance terminated automatically, and/or to receive a refund of any Mortgage Insurance premiums that were unearned at the time of such cancellation or termination.
11. Assignment of Miscellaneous Proceeds; Forfeiture. All Miscellaneous Proceeds
are hereby assigned to and shall be paid to Lender.
If the Property is damaged, such Miscellaneous Proceeds shall be applied to restoration or repair of the Property, if the restoration or repair is economically feasible and Lender’s security
is not lessened. During such repair and restoration period, Lender shall have the right to hold
such Miscellaneous Proceeds until Lender has had an opportunity to inspect such Property to ensure the work has been completed to Lender’s satisfaction, provided that such inspection shall
be undertaken promptly. Lender may pay for the repairs and restoration in a single disbursement or in a series of progress payments as the work is completed. Unless an agreement is made in writing or Applicable Law requires interest to be paid on such Miscellaneous Proceeds, Lender
shall not be required to pay Borrower any interest or earnings on such Miscellaneous Proceeds. If the restoration or repair is not economically feasible or Lender’s security would be lessened,
the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower. Such Miscellaneous Proceeds shall be applied in the order provided for in Section 2.
In the event of a total taking, destruction, or loss in value of the Property, the Miscellaneous Proceeds shall be applied to the sums secured by this Security Instrument, whether or not then due, with the excess, if any, paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is equal to or greater than the amount of the sums secured by this Security Instrument immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the sums secured by this Security Instrument shall be reduced by the amount of the Miscellaneous Proceeds multiplied by the following fraction: (a) the total amount of the sums secured immediately before the partial taking, destruction, or loss in value divided by (b) the fair market value of the Property immediately before the partial taking, destruction, or loss in value. Any balance shall be paid to Borrower.
In the event of a partial taking, destruction, or loss in value of the Property in which the fair market value of the Property immediately before the partial taking, destruction, or loss in value is less than the amount of the sums secured immediately before the partial taking, destruction, or loss in value, unless Borrower and Lender otherwise agree in writing, the
Form 3039 1/01 (rev. 2/16) (page 10 of 16)
Filling out the PA 3039 form, a mortgage document, can be a crucial task for homeowners. This form is an agreement between the borrower and the lender, detailing the legal obligations of both parties regarding the mortgage loan. It outlines various definitions, covenants, and conditions related to the mortgage agreement. Following a step-by-step guide can help ensure that all necessary information is correctly provided, thereby avoiding potential issues or delays in the mortgage process.
After completing and signing the form, it should be returned to the indicated address for recording. The recording of this document is a critical step, as it officially establishes the mortgage agreement in public records. Properly filled and recorded, the PA 3039 form serves as a legal foundation for the mortgage, protecting the rights and interests of both the borrower and the lender.
What is the purpose of the PA 3039 form?
The PA 3039 form, specifically designed for Pennsylvania, is utilized as a mortgage document that outlines the terms and agreements between a borrower and a lender regarding a loan secured by real estate. This comprehensive form includes definitions, borrower and lender information, the mortgage agreement, and other related terms to ensure clarity and legal compliance for both parties involved in the transaction.
Who needs to sign the PA 3039 form?
The borrower, identified within the document, is required to sign the PA 3039 form. Additionally, if there are any riders (amendments or addendums) to the security instrument, those must also be executed by the borrower. The lender or a representative may also sign the document, although the primary requirement is the borrower's signature.
What are "Riders" in the context of the PA 3039 form?
Riders refer to amendments or addendums attached to the PA 3039 form that modify or supplement the standard terms of the mortgage agreement. They can address specific circumstances or requirements related to the loan, such as adjustable rates, condominium ownership, second home designation, or planned unit development features, among others. The appropriate boxes should be checked on the form to indicate which, if any, riders are attached.
What does "Escrow Items" mean on the form?
Escrow Items on the PA 3039 form refer to expenses that the borrower must fund in advance, to be held in an escrow account managed by the lender. These can include property taxes, homeowners insurance premiums, mortgage insurance premiums, and any community association dues, fees, and assessments. The lender uses these funds to pay the aforementioned expenses on behalf of the borrower to ensure they are paid on time.
How are payments applied according to the PA 3039 form?
Payments made by the borrower are applied first to any interest due under the note, then to the principal, followed by amounts due for escrow items, if applicable. Any additional funds may be applied to late charges, other fees under the Security Instrument, and then to reduce the principal balance of the note. The specifics of the application can vary if late charges or more than one period's payment is in arrears.
Is it mandatory to include property insurance and mortgage insurance details on the PA 3039 form?
Yes, it is mandatory to include details regarding property insurance and, if applicable, mortgage insurance on the PA 3039 form. Property insurance protects the physical property from damages, while mortgage insurance protects the lender from losses if the borrower defaults on the loan. The specifics of these insurances, including the requirement for the borrower to pay for them, must be detailed in the agreement.
What happens if a borrower fails to make payments as per the PA 3039 form?
If a borrower fails to make payments as specified in the PA 3039 form, the lender has the right to proceed with foreclosure on the property. This entails the legal process by which the lender can take possession of the property to recover the owed debt. Before reaching this stage, lenders often provide notice and opportunities to cure the default and may impose late fees as specified in the mortgage agreement.
Can modifications be made to the PA 3039 form after it's signed?
Modifications to the PA 3039 form and the mortgage agreement it represents typically require agreement from both the borrower and the lender. Any modifications must be made in writing and executed with the same formality as the original agreement. Common modifications can include changes to interest rates, payment schedules, or the addition of riders to address changes in the borrower's or property's status.
How are community association dues, fees, and assessments handled?
Community association dues, fees, and assessments are considered escrow items under the PA 3039 form. Borrowers may be required to fund these expenses in their escrow account, from which the lender will make payments on behalf of the borrower. This ensures that such dues and assessments are paid promptly, protecting the interests of the community association and the lender.
What is the role of electronic funds transfer in the PA 3039 form?
Electronic funds transfer (EFT) is highlighted in the PA 3039 form as a recommended method for the borrower to make payments. Utilizing EFT ensures that payments are processed efficiently and on time, reducing the risk of late payments. The form outlines the conditions under which EFT may be used for payments, including any specifics related to processing times and the acceptance of these transfers by the lender.
Filling out the PA 3039 form, also known as the Pennsylvania Uniform Instrument Form for mortgages, plays a critical role in securing a mortgage for a property. However, errors in completing this form can lead to potential delays or complications in the mortgage process. Here are nine common mistakes:
Not returning the form to the correct address after recording, as specified at the top of the form. It's essential to ensure that the form reaches the intended recipient to avoid processing delays.
Incorrectly defining terms or missing definitions. The form requires specific terms to be defined accurately in multiple sections (A through P), which if overlooked, can lead to misunderstandings or a misinterpretation of the agreement.
Failing to check the appropriate boxes for Riders. The form lists several riders (Adjustable Rate Rider, Condominium Rider, etc.) that must be executed if applicable. Overlooking this detail can result in an incomplete or inaccurate legal document.
Incompletely filling out the borrower and lender information. Comprehensive details including the full legal names and addresses are crucial for the validity of the mortgage contract.
Omitting details about the property under the "Transfer of Rights in the Property" section. Complete and accurate description of the property is necessary for clear identification and to avoid future disputes.
Not specifying the loan amount and terms correctly. The form requires clear information on the debt amount, interest, and repayment terms under the "Note" definition.
Failure to indicate community association dues, fees, and assessments (Section I) accurately. These financial obligations can significantly affect the borrower’s ability to pay the mortgage and must be accurately reported.
Incorrect application of payments or proceeds. Section 2 outlines the payment priorities and the process for the application of voluntary prepayments. Misunderstanding or misapplying these can affect loan balances and interest.
Improper handling of escrow items as described in Section 3. Incorrect calculation or mismanagement of escrow for taxes, insurance, and other items can lead to a shortage, surplus, or deficiency that complicates the financial management of the property.
Avoiding these mistakes when completing the PA 3039 form not only streamlines the mortgage application process but also ensures legal compliance with both state and federal regulations governing real estate transactions. Attention to detail and thoroughness in filling out this form can prevent potential legal issues and simplify the home buying process.
When working with the Pennsylvania Form 3039, a comprehensive understanding and utilization of various other legal documents often ensure smoother transactions and adherence to applicable laws and regulations. These documents, ranging from those ensuring legal validity of the transaction to those protecting the rights and obligations of the involved parties, vary in purpose and necessity. Below is a breakdown of key documents often used alongside Form 3039 for a secure and compliant mortgage process.
Each document plays a vital role in the broader context of completing a mortgage transaction, safeguarding both the lender's investment and the borrower's rights and responsibilities. Proper utilization of these documents not only ensures legal compliance but also promotes transparency and trust in the efficacy of the real estate and financial systems within Pennsylvania.
The PA 3039 form is similar to the Deed of Trust used in some states as a means to secure a real estate transaction. Both serve as security instruments that tie a borrower's obligation to repay a loan to the ownership of real property. In detail, the PA 3039 form outlines specific definitions, agreements, and covenants between the borrower and lender, including the borrower's promise to repay the loan, the property's description, and the conditions under which the lender can take possession if the borrower fails to meet their obligations. Similarly, the Deed of Trust involves three parties – the borrower (trustor), the lender (beneficiary), and a neutral third party (trustee) who holds the property's title until the loan is repaid or otherwise resolved. Both documents are recorded in the county where the property is located, serve as a lien against the property, and outline procedures for foreclosure in case of default.
Another document the PA 3039 form resembles is the Mortgage Agreement. Both documents are used to secure a loan with real estate and include information about the borrower, lender, property description, and loan details. The PA 3039 form, like a typical Mortgage Agreement, sets forth the terms under which the property is mortgaged to the lender as security for the loan and the borrower's obligations, including payment of principal, interest, and escrow items, and the lender's rights in the event of the borrower's default. While their purposes are nearly identical - to provide a legal framework that secures a loan with property - the terminology and specific clauses may vary based on jurisdictional laws and lender practices. Yet, both serve as critical documents in the home buying process, ensuring that the lender has a legal claim to the property if the borrower does not fulfill their repayment obligations.
When filling out the PA 3039 form, which is a vital document for securing a mortgage, it is crucial to approach it with the utmost care and attention to detail. To assist you, here is a guide on what to do and what not to do during this process:
Approaching the PA 3039 form with diligence and caution will facilitate a smoother mortgage process and help protect your interests as you navigate through the complexities of home ownership.
Understanding the PA 3039 form and the process it encompasses can sometimes lead to misconceptions. It's important to clear these up to ensure you're well-informed about your mortgage and its requirements. Here are eight common misconceptions:
Clearing up these misconceptions can help you navigate your mortgage process with more confidence and understanding. Always feel free to ask for clarification on any terms or conditions you're unsure about.
Filling out and using the Pennsylvania Form 3039, a standardized mortgage form, requires attention to several important details to ensure compliance and accuracy. Here are key takeaways that individuals should keep in mind:
Each section of PA Form 3039 is designed to protect the interests of both the borrower and the lender, while also ensuring clarity on the obligations, rights, and definitions pertinent to the mortgage agreement. It's important for all parties to review and understand these details before completing the form.
What Was Pennsylvania Named After - The form has a section dedicated to certifications and licenses, enabling individuals to showcase their qualifications for specific roles or activities.
Pw 382 Pennsylvania - By completing form PW 382, individuals in Pennsylvania can provide a thorough account of their workplace injuries, specifically if they involve falls, burns, or medical negligence.