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Home Preservation Agreement

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Home Preservation Agreement

This Home Preservation Agreement ("Agreement") is entered into as of Day: Month: Year: by and between:

Client Name:    Property Address:

Preservation Contractor Name:    Contractor Contact:

WHEREAS

WHEREAS, Client is the owner or authorized agent of the Property located at the address set forth above and requires services to preserve, secure, maintain and protect the Property pending disposition, sale or other resolution; and

WHEREAS, Contractor is engaged in the business of providing home preservation, boarding, locksmithing, winterization, debris removal and related preservation services and represents that Contractor has the experience, personnel and insurance necessary to perform such services; and

WHEREAS, Client and Contractor desire to set forth the terms and conditions under which Contractor will perform preservation services at the Property.

SCOPE OF WORK

Contractor shall provide all labor, materials, tools and equipment necessary to perform the services described above in a workmanlike manner consistent with industry standards. Contractor shall obtain and maintain all permits required to perform the Services and shall comply with applicable laws, codes and ordinances.

PAYMENT TERMS

Payments are due in accordance with the Payment Schedule. Invoices not paid within days of invoice date shall incur a late fee of on the outstanding balance, plus any costs of collection, including reasonable attorneys' fees.

TERM AND TERMINATION

Term Commencement Date:    Term Expiration Date:

Either party may terminate this Agreement for cause upon written notice if the other party materially breaches this Agreement and fails to cure the breach within days after receipt of written notice specifying the breach. In addition, either party may terminate without cause upon days' prior written notice to the other party. Upon termination, Client shall pay Contractor for all services performed and costs incurred up to the effective termination date.

CONFIDENTIALITY

Each party acknowledges that during the performance of this Agreement it may receive or have access to Confidential Information of the other party. "Confidential Information" means non-public business, financial, property condition, contractual or personnel information disclosed in connection with this Agreement. Each party agrees to (a) hold Confidential Information in strict confidence, (b) not disclose Confidential Information to third parties except as necessary to perform the Services or as required by law, and (c) use Confidential Information solely for the purposes of performing obligations under this Agreement. Confidential Information shall not include information that is or becomes publicly known through no breach of this Agreement or is independently developed without use of the other party's Confidential Information.

NOTICES

INSURANCE AND INDEMNITY

Contractor shall maintain commercial general liability insurance and workers' compensation insurance as required by law and shall provide certificates of insurance upon request. Contractor shall indemnify, defend and hold harmless Client from and against any claims, losses or liabilities arising out of Contractor's negligence or willful misconduct in performing the Services, except to the extent caused by Client's negligence or breach of this Agreement.

GOVERNING LAW

This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to its conflicts of law principles. Any legal action arising out of or relating to this Agreement shall be brought in the state or federal courts located within that jurisdiction.

ENTIRE AGREEMENT

This Agreement, including any exhibits and attachments expressly incorporated herein, constitutes the entire agreement between the parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements, proposals or representations, whether written or oral. No amendment or modification of this Agreement shall be effective unless in writing and signed by both parties.

MISCELLANEOUS

If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect. Neither party may assign its rights or obligations under this Agreement without the prior written consent of the other party, except that Contractor may assign this Agreement to an affiliate or in connection with a sale of substantially all of its assets.

The parties acknowledge that they have read and understand this Agreement and that they have had the opportunity to consult with counsel prior to execution.

Client

Printed Name:

By:

Date:

Contractor

Printed Name:

By:

Date:

Enter text✕

What a Home Preservation Agreement Is and When to Use It

A Home Preservation Agreement is a contractual arrangement used by mortgage servicers, asset managers, or property owners to engage a vendor for securing, maintaining, and protecting a residential property during default, foreclosure, REO custody, or tenant vacancy. Typical obligations include boarding and securing, winterization, routine property checks, debris removal, and emergency repairs. The agreement defines scope of work, access rights, insurance and indemnity requirements, payment terms, inspection and reporting cadence, and the contract term. It helps preserve asset value, reduce municipal code violations, and document vendor performance and invoicing for servicer records.

Why a Clear Preservation Agreement Matters

A professional Home Preservation Agreement clarifies responsibilities, limits liability, and sets measurable deliverables. It documents required licenses and insurance, aligns expectations for timing and payment, and preserves evidence that work was authorized and completed according to servicer or investor standards.

Why a Clear Preservation Agreement Matters

Who Typically Completes a Home Preservation Agreement

Common parties who prepare or sign these agreements and their practical roles.

  • Mortgage servicers and asset managers who need to protect collateral and comply with investor or HUD standards.
  • Preservation and maintenance contractors who perform boarding, repairs, winterization, and routine oversight tasks on vacant homes.
  • Local property managers and REO vendors responsible for ongoing maintenance, inspections, and coordinating municipal code compliance.

Each party should confirm authority, required documents, and any state-specific authentication before signing.

Typical Signatories and Their Roles

Mortgage Servicer

Operations or asset management lead who executes agreements on behalf of the lender or investor, confirms funding, authorizes vendor access, and enforces reporting requirements. They coordinate with loss mitigation, legal, and insurance teams to ensure work meets preservation standards.

Preservation Contractor

Field supervisor or company owner who holds required licenses and insurance, accepts scope of work, performs services, files invoices and photographic evidence, and maintains a chain of custody for keys and access documentation.

Core Sections to Include in a Professional Agreement

A well-drafted Home Preservation Agreement contains clear operational, legal, and payment terms so both parties can perform and verify services without ambiguity.

Scope of Work

Itemize tasks (boarding, winterization, debris removal, lawn care, minor repairs), acceptance standards, and any exclusions to avoid disputes over responsibility.

Access and Entry

Define how vendors obtain keys, entry protocols, right to enter occupied units, required notifications, and procedures for handling personal property found on site.

Insurance and Indemnity

Specify required coverage types and limits, certificate of insurance delivery, and indemnification language to allocate liability for damage or injury.

Payment and Invoicing

Set unit prices, travel or mobilization fees, invoice submission format, supporting evidence required, and payment timing or holdback provisions.

Inspection and Reporting

Require photographic evidence, inspection checklists, timestamps, and cadence of reports to the servicer or asset manager for verification.

Termination and Remedies

Outline breach, cure periods, contract termination rights, remedies for incomplete or defective work, and dispute resolution procedures.

Essential Data Fields for Administrative and Compliance Use

Property Address: Full street address
Owner Name: Legal owner or mortgagee
Mortgage Account: Loan or reference number
Scope Code: Preservation task code
Vendor License: State license ID
Insurance Cert: Carrier and policy number

Step-by-Step: Completing a Home Preservation Agreement

Follow these sequential steps to prepare, execute, and put preservation services into effect with minimal friction.

  • 01
    Review Requirements: Confirm investor, servicer, or HUD standards before drafting.
  • 02
    Gather Documents: Collect insurance certificates, licenses, and loan reference numbers.
  • 03
    Complete Form: Populate fields, attach scope checklist, and add photos when needed.
  • 04
    Sign and Distribute: Execute signatures and send copies to all stakeholders.

Typical Preservation Work Flow from Request to Closeout

A standard operational flow clarifies handoffs and ensures documentation supports invoicing and portfolio reporting.

  • Initiate Request: Servicer issues work order with reference number and access instructions.
  • Assign Vendor: Select vendor based on location, license, and capacity.
  • Perform Work: Contractor completes tasks, gathers photos, and uploads reports.
  • Report & Invoice: Submit inspection report and invoice for approval and payment.

Configuring a Digital Preservation Workflow

Set up consistent digital templates, authentication, and storage so each job produces auditable records for servicing and investor review.

Field Configuration
Authentication Email + SMS code
Template Pre-fill SOW and pricing fields
Notifications Alert servicer and vendor on status
Storage PDF with audit trail in cloud

Technical and Platform Considerations for eSigning and Records

Consider integrations, file formats, and authentication levels when choosing tools to execute preservation agreements and retain evidence.

  • Integrations: Salesforce, NetSuite, Google Workspace
  • Formats: PDF and DOCX supported
  • Security: TLS and AES-256 encryption

Common Timeframes and Processing Expectations

Typical operational deadlines reduce disputes — document them in the agreement and enforce consistently.

Vendor Response Window:

Vendor must acknowledge work order within 48 hours.

Work Completion Target:

Complete emergency boarding within 24–72 hours; non-emergencies 5–10 business days.

Invoice Submission:

Submit invoice with evidence within 30 days of job completion.

Payment Timing:

Servicer typically pays within 30–45 days of approved invoice.

Dispute Period:

Raise discrepancies within 15 business days of invoice receipt.

Key Risks and Contractual Consequences of Errors

Property Damage: Vendor liable for negligent damage
Regulatory Fines: Municipal code violations risk fines
Contract Termination: Material breaches can trigger termination
Payment Withholding: Disputed or incomplete work may delay payment
Vacancy Loss: Delayed preservation increases vandalism risk
Insurance Void: Noncompliance can void coverage

Practical Tips for Accurate and Efficient Completion

Adopt standardized templates, require evidence, and use digital tools to reduce processing time and contractual ambiguity.

Standardize Scope Templates
Use pre-approved scope-of-work templates with clear line items and unit pricing to speed approvals and reduce disputes; standardization helps vendors and servicers match expectations and accelerates invoice processing.
Require Photo Evidence
Mandate time-stamped, geotagged photos for boarding, repairs, and inspections so each invoice has verifiable supporting documentation to reduce payment disputes and provide evidence in claims or audits.
Verify Insurance Up Front
Obtain and validate certificates of insurance and endorsements before work begins; include minimum limits and additional insured language to protect the servicer and investor interests.
Use Secure eSigning
Adopt an eSignature platform that provides an audit trail, encryption, and integration with servicing systems to shorten execution time while preserving admissible records.

Real-World Examples of Digital Preservation Workflows

Organizations using digital execution and structured templates report clearer evidence trails and faster vendor onboarding.

Optica Ventures LLC

Optica centralized preservation documentation for remote properties to reduce confusion across vendors and servicers.

  • They used digital templates and photo reporting to standardize jobs.
  • "The interface is simple and easy-to-use for our team; more importantly, it is just as easy for our customers." — Brian Fitzgibbons, COO

Martin Properties

A regional manager consolidated preservation orders to one template and automated distribution to preferred vendors.

  • This reduced turnaround time and duplicate work orders.
  • "I can process and execute all of these documents online with 100% compliance and built-in security. Whether on mobile or working offline, I can get forms back to their necessary parties efficiently." — Tim Martin, Founder

eSignature Vendor Pricing and Feature Snapshot for Preservation Agreements

Basic pricing and feature availability for common eSignature platforms useful when executing and storing preservation agreements and accompanying evidence.

signNow DocuSign Adobe Sign PandaDoc HelloSign
Starting Price $8/user/mo $15/user/mo $14/user/mo $19/user/mo $15/user/mo
Free Trial 7-day trial Varies Varies Varies Varies
Bulk Send Yes Yes Yes Yes Varies
Audit Trail Yes Yes Yes Yes Yes
HIPAA Compliant Yes Yes Yes No No
Envelope Cap No cap 100 envelopes/user/year Varies Varies Varies

Frequently Asked Questions About Home Preservation Agreements

Answers to common legal, operational, and technical questions encountered when preparing or executing a Home Preservation Agreement.


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