Can this be signed electronically?

Yes. Electronic signatures are enforceable under the federal ESIGN framework and state UETA rules when the parties demonstrate intent, consent, attribution, and retention capability. Use the consumer disclosure where required for consumer-facing financial transactions (ESIGN / UETA principles).

When is notarization required?

Notarization is commonly required for documents being recorded, such as mortgage deeds or certain security instruments. State recording offices set the requirement; if recording is needed, obtain the appropriate notary or remote online notary as permitted by state law.

What if a signer name doesn’t match records?

A name mismatch can block recording or challenge enforceability. Correct the name with an amendment or attach evidence of the signer’s authority; consider a notarized affidavit of identity to reduce downstream issues.

How do I change terms after signing?

Changes require a written amendment signed by all parties. Do not rely on email confirmations alone; execute an amendment with the same evidentiary protections used for the original agreement.

How long must I keep origination files?

Retain records for the loan term plus additional years per regulatory guidance (IRS minimum 3 years, HIPAA six years where applicable); follow industry-specific retention rules and state extensions.

Which platforms meet healthcare or HIPAA needs?

Platforms that offer HIPAA compliance with a Business Associate Agreement and appropriate encryption and access controls are suitable for healthcare-related origination work; verify the vendor’s BAA and technical safeguards before use.

Electronic Signature
Templates
Legal
Loan Origination Agreement

Loan Origination Agreement

This template is fully customizable. Edit the text, fill out the fields, and send it for signature. Give it a try!

LOAN ORIGINATION AGREEMENT

This Loan Origination Agreement ("Agreement") is made and entered into as of by and between Lender Name: , a Entity Type Corporation LLC Individual (hereinafter "Lender"); and Originator Name: , a Corporation LLC Individual (hereinafter "Originator"). Lender and Originator are sometimes referred to individually as a "Party" and collectively as the "Parties."

RECITALS

WHEREAS, Originator is engaged in the business of soliciting, receiving and processing loan applications and facilitating the origination of consumer and commercial loans for sale to investors; and

WHEREAS, Lender desires Originator to originate, underwrite and deliver certain loans in accordance with the standards, pricing and procedures set forth in this Agreement, and Originator desires to originate and deliver such loans to Lender on the terms and conditions set forth herein; and

WHEREAS, the Parties intend that loans originated and delivered hereunder will be purchased by Lender from Originator pursuant to the terms of this Agreement.

NOW, THEREFORE, in consideration of the mutual covenants and agreements contained herein and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the Parties agree as follows:

1. DEFINITIONS

1.1 "Loan" means a loan originated by Originator that meets the criteria set forth in Schedule A and delivered to Lender for purchase. 1.2 "Purchase Price" means the amount payable by Lender for each Loan as determined in Section 6. 1.3 "Delivery Date" means the date on which Originator transfers the Loan documents and all required evidences to Lender. Capitalized terms not defined herein shall have the meanings set forth in Schedule A.

2. APPOINTMENT

2.1 Appointment. Lender hereby appoints Originator, and Originator accepts such appointment, to originate Loans on behalf of Lender in accordance with the terms of this Agreement and the product specifications set forth in Schedule A.

3. ORIGINATION SERVICES

3.1 Origination. Originator shall use commercially reasonable efforts to solicit, receive, process and close Loan applications in accordance with Lender's written underwriting guidelines and the criteria in Schedule A. Originator shall ensure all Loan documentation is complete, accurate and executed by the borrower and any required third parties.

3.2 Underwriting. Originator shall underwrite each Loan in accordance with the underwriting standards in Schedule A and shall make all reasonable inquiries necessary to verify income, collateral and creditworthiness of each borrower. Originator shall not deviate from underwriting standards without prior written approval from Lender.

4. DELIVERY AND PURCHASE

4.1 Delivery. Originator shall deliver to Lender, on or before the Delivery Date for each Loan, the original loan documents, electronic files if required by Lender, and any other documents identified in Schedule A. Delivery shall be accompanied by a loan delivery statement signed by Originator certifying compliance with this Agreement.

4.2 Purchase. Subject to Lender's inspection and approval pursuant to Section 4.3, Lender shall purchase Loans from Originator at the Purchase Price set forth in Section 6. Title to a Loan shall pass to Lender upon acceptance by Lender and payment of the Purchase Price or as otherwise agreed in writing.

4.3 Inspection and Rejection. Lender shall have the right to inspect Loans delivered by Originator and to reject any Loan that materially fails to conform to the representations, warranties or delivery requirements of this Agreement. Rejection shall be in writing and shall specify the basis for rejection. Originator shall cure or repurchase rejected Loans as provided in Section 9.

5. FEES, PRICING AND PAYMENT

5.1 Purchase Price. The Purchase Price for each Loan shall be calculated as the Loan principal balance multiplied by . Adjustments for fees, reserves or other charges shall be applied as set forth in Schedule B.

5.2 Fees. Originator shall be entitled to origination fees and other compensation set forth in Schedule B. Fees shall be earned only upon successful purchase by Lender and payment shall be made within days after purchase, unless otherwise agreed in writing.

6. REPRESENTATIONS AND WARRANTIES

6.1 Originator Representations. Originator represents and warrants to Lender that, as of the Delivery Date for each Loan: (a) the Loan documents are genuine and complete; (b) all information provided to Lender is true, correct and not misleading in any material respect; (c) the Loan meets the credit, collateral and documentation standards set forth in Schedule A; and (d) no brokerage or finder’s fee payable by Lender exists except as disclosed in writing prior to delivery.

6.2 Lender Representations. Lender represents and warrants to Originator that Lender has all requisite power and authority to enter into this Agreement and to purchase Loans hereunder, and that funds used to purchase Loans will be derived from lawful sources.

7. COVENANTS AND COMPLIANCE

7.1 Compliance with Laws. Each Party shall perform its obligations under this Agreement in compliance with all applicable federal, state and local laws, rules and regulations, including applicable consumer protection, privacy and usury laws.

7.2 Record Retention. Originator shall retain complete and accurate records related to each Loan for a period of not less than years and shall make such records available to Lender upon reasonable request.

8. INDEMNIFICATION

8.1 Indemnity by Originator. Originator shall indemnify, defend and hold harmless Lender and its affiliates from and against any and all losses, liabilities, costs and expenses (including reasonable attorneys' fees) arising out of or relating to: (a) any breach of Originator's representations, warranties or covenants; (b) fraud, misrepresentation or negligence by Originator or its agents; or (c) any failure to deliver complete loan documentation as required by this Agreement.

8.2 Indemnity by Lender. Lender shall indemnify Originator for losses arising from Lender’s breach of its representations and warranties or from Lender’s willful misconduct.

9. REPAIRS, REPURCHASES AND REMEDIES

9.1 Cure. Upon notice of a defect or breach for a Loan, Originator shall have a period of days to cure the defect to Lender’s reasonable satisfaction. 9.2 Repurchase. If Originator fails to cure within the cure period, Originator shall repurchase the Loan at the Purchase Price plus accrued interest and reasonable expenses within days after demand.

10. CONFIDENTIALITY

10.1 Confidential Information. Each Party shall treat as confidential all non-public information disclosed by the other Party relating to business operations, customers, pricing, underwriting models and loan files, and shall not disclose such information except as required by law or with the prior written consent of the disclosing Party.

11. INSURANCE

11.1 Insurance. Originator shall maintain and provide evidence of insurance coverage customary in the industry, including errors and omissions insurance with limits not less than and such other insurance as agreed by the Parties.

12. TERM AND TERMINATION

12.1 Term. This Agreement shall commence on the Effective Date and continue for a period of years, unless earlier terminated as provided herein.

12.2 Termination for Cause. Either Party may terminate this Agreement for cause upon written notice if the other Party materially breaches any representation, warranty or covenant and fails to cure such breach within thirty (30) days after receipt of written notice.

13. NOTICES

All notices, requests, demands and other communications required or permitted under this Agreement shall be in writing and addressed as follows:

Lender Contact Originator Contact

14. MISCELLANEOUS

14.1 Governing Law. This Agreement shall be governed by and construed in accordance with the laws of the State of without regard to conflict of law principles.

14.2 Entire Agreement. This Agreement, including the Schedules attached hereto, constitutes the entire agreement between the Parties with respect to the subject matter hereof and supersedes all prior and contemporaneous agreements and understandings, whether written or oral.

14.3 Severability. If any provision of this Agreement is held invalid or unenforceable, the remaining provisions shall remain in full force and effect and shall be construed to effectuate the Parties' intent.

14.4 Amendments and Waiver. No amendment, modification or waiver of any provision of this Agreement shall be effective unless in writing and signed by both Parties. No waiver of any default shall constitute a waiver of any subsequent default.

14.5 Counterparts. This Agreement may be executed in counterparts, each of which shall be deemed an original and all of which together shall constitute one and the same instrument.

SCHEDULE A — LOAN CRITERIA (SUMMARY)

SCHEDULE B — FEES AND RESERVES

Lender

Party Label:

By:

Date:

Originator

Party Label:

By:

Date:

What a Loan Origination Agreement Is and when it applies

A Loan Origination Agreement sets out the terms, conditions, and responsibilities for creating a loan between a lender and a borrower. It documents the application, underwriting conditions, interest and repayment terms, fees, collateral or security interests, disclosures, and closing requirements. The agreement is used across consumer, commercial, and real estate lending to memorialize obligations before funding and to allocate risk. When executed properly it supports compliance, underwriting, and post-closing servicing while creating an auditable record of the parties’ commitments and conditions precedent to disbursement.

Why a clear Loan Origination Agreement matters

A well-drafted origination agreement reduces operational risk, clarifies borrower and lender obligations, documents fees and conditions, and provides evidence for regulatory and tax purposes. Clear terms speed underwriting, reduce disputes, and support compliance where electronic execution and secure recordkeeping are used.

Typical parties who prepare or sign this agreement

Common users span lender teams, brokers, counsel, and borrower representatives involved in application and closing.

Commercial and consumer lenders — Banks, credit unions, and nonbank lenders preparing loan terms and conditions.
Mortgage brokers and loan officers — Draft and coordinate disclosures and closing conditions with title and escrow.
Borrowers and counsel — Corporate and individual borrowers review terms, confirm collateral, and supply documentation.

Roles overlap in many transactions; assigning responsibilities and signatory authority reduces delays and helps ensure the agreement is enforceable.

Who typically signs and why

Loan Officer

A loan officer or originator signs to confirm lender approval processes were followed and to attest that underwriting conditions were checked. Their signature ties internal workflows to the executed agreement and helps establish chain-of-custody for the lender's compliance record.

Borrower Representative

An authorized borrower signatory—an individual or corporate officer—signs to accept loan terms, representations, and security interests. Accurate signer identity is critical for enforceability and for downstream perfection of collateral or recording.

Core sections to include in a professional Loan Origination Agreement

A complete agreement groups commercial terms, legal promises, and operational conditions so each party understands obligations before funding and how disputes or defaults are handled.

Parties

Identify full legal names and entity types for lender, borrower, and any guarantors; include addresses and contact points for notices and service.

Loan Terms

Specify loan amount, interest rate (fixed or variable), amortization schedule, maturity, prepayment terms, and late fee mechanics in clear numeric detail.

Fees and Costs

List origination fees, processing fees, third-party fees (appraisal, recording, flood), escrow requirements, and which party bears each cost.

Representations and Warranties

Include borrower statements about authority, credit information accuracy, absence of undisclosed liens, and any covenants required during the loan term.

Security and Collateral

Describe collateral, perfection steps, priority, UCC filings, deed recording steps, and required insurance coverage where applicable.

Conditions Precedent

List documentation, approvals, title conditions, inspections, and any governmental consents required before disbursement or closing.

Step-by-step: completing and executing the agreement

Follow this sequence to prepare, review, and finalize the origination agreement with minimal rework.

01

Prepare Application: Gather IDs, financials, title info, and disclosure documents required for underwriting.
02

Verify Identity: Confirm signer identity using government ID, KBA, or multi-factor authentication for e-signatures.
03

Attach Supporting Docs: Include appraisal, credit report, business docs, insurance certificates, and UCC collateral exhibits.
04

Execute and Record: Obtain signatures, perform any required notarizations, and record documents where required for priority.

How to set up an online origination workflow

Configure fields, signer order, and authentication to match internal controls and regulatory needs before sending.

Field \| Configuration	Field name \| Behavior or validation
Signature Type	Electronic signature \| Audit trail and timestamp required
Authentication	Email + SMS OTP \| Required for borrower signers
Conditional Fields	Show collateral section only if security checkbox selected
Notifications	Auto-reminders \| Send at 3, 7, and 14 days

Typical electronic execution flow for origination documents

An e-signature workflow streamlines distribution, authentication, and collection while preserving an audit trail.

Upload Document: Sender uploads final PDF or template to the signing platform.
Assign Roles: Define signer roles, sequence, and required fields.
Request Signatures: Send email or link; include consent disclosure for consumer transactions.
Finalize Record: Platform issues completed PDF and certificate of completion with audit data.

Technical and platform considerations for eSubmission

Select platform settings that meet authentication, storage, and integration requirements for your workflow.

Authentication Options: Email, SMS OTP, or knowledge-based verification supported
Integration Needs: Connectors for CRM and document storage (Salesforce, NetSuite, Box)
File Formats: Accept PDF, DOCX, and produce ISO-compatible signed PDFs

Ensure chosen settings meet regulatory needs (e.g., consumer consent) and that signed records are retained in tamper-evident storage with access controls.

Typical timelines and milestone deadlines in origination

Timelines vary by loan type; below are common milestone targets lenders track from application through funding.

Application Received:

Acknowledgement within 1–3 business days of submission.

Underwriting Decision:

Conditional approval commonly within 5–30 business days depending on documentation.

Closing Date:

Set mutually; allow time for title, payoff, and final disclosures.

Funding Date:

Funding typically occurs on or shortly after closing once conditions are satisfied.

Post-Closing Deliverables:

Final documents delivered to servicing within 5–15 business days on many workflows.

Essential data elements required in the agreement

Borrower ID: SSN or TIN

Loan Amount: Principal amount

Interest Terms: Rate and frequency

Collateral: Detailed description

Repayment Dates: Schedule specifics

Disclosures: All required notices

Common pitfalls when preparing a Loan Origination Agreement

Using informal or abbreviated names that do not match formation or ID documents, which can invalidate perfection steps or title recordings.
Leaving conditional fields blank instead of stating 'N/A' or 'Not applicable', causing ambiguity during closing and underwriting checks.
Failing to attach required exhibits (insurance, appraisals, UCC description) so conditions precedent cannot be satisfied on schedule.
Skipping a clear signer authority statement for corporate borrowers, which can result in post-closing challenges to enforceability.

Key risks and potential consequences of errors

Misstated Income: Loan default risk

Incorrect Name: Title/recording defects

Missing Notarization: Recording rejection

Incomplete Collateral: Loss of priority

Late Filings: Regulatory penalties

Unauthorized Signer: Enforceability challenges

Practical examples from real customers using electronic workflows

These brief examples show how digital execution and clear templates reduced friction in real origination scenarios.

Optica Ventures LLC — COO

Optica streamlined document exchange with a simple interface that customers could use from any device.

Implementation reduced manual follow-up emails and re-submissions.
As a result, the team maintained consistent records and improved turnaround without adding complexity to customer communications.

Martin Properties — Founder

Martin Properties processed loan-related documents fully online across agents and clients.

They eliminated paper-based courier delays.
The firm reported faster closings, consistent compliance with signature and notary steps, and improved customer experience when working across mobile and desktop.

Practical tips to prepare a clean, enforceable origination agreement

Adopt a consistent template, validate signer authority, and confirm all attachments before requesting signatures to reduce rework.

Standardize Templates

Use a controlled template library with versioning and pre-approved clause sets so each agreement includes required disclosures and state-specific language.

Confirm Signer Authority

Obtain corporate resolutions or power-of-attorney evidence where an entity signs; document signer title and authority within the agreement.

Validate Key Data

Check legal names, TINs, property descriptions, and payoff figures before sending to avoid recording or payment errors.

Preserve Audit Trail

Retain signed PDFs with certificates, IP and timestamp logs, and any authentication artifacts required for later validation.

eSignature vendor comparison for loan origination workflows

Basic pricing and feature differences to consider for high-volume loan origination signing and compliance requirements; signNow appears first for comparison.

	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 free trial	Varies by plan	Varies by plan	Varies by plan	Varies by plan
Bulk Send	Yes (premium)	Yes	Yes	Yes	No
Audit Trail	Yes	Yes	Yes	Yes	Yes
HIPAA Compliant	Yes (BAA available)	Yes	Yes	No	No

Frequently asked questions about Loan Origination Agreements

Answers to common execution, notarization, and retention questions encountered during origination and closing.

Need help? Contact support

Can this be signed electronically?
Yes. Electronic signatures are enforceable under the federal ESIGN framework and state UETA rules when the parties demonstrate intent, consent, attribution, and retention capability. Use the consumer disclosure where required for consumer-facing financial transactions (ESIGN / UETA principles).
When is notarization required?
Notarization is commonly required for documents being recorded, such as mortgage deeds or certain security instruments. State recording offices set the requirement; if recording is needed, obtain the appropriate notary or remote online notary as permitted by state law.
What if a signer name doesn’t match records?
A name mismatch can block recording or challenge enforceability. Correct the name with an amendment or attach evidence of the signer’s authority; consider a notarized affidavit of identity to reduce downstream issues.
How do I change terms after signing?
Changes require a written amendment signed by all parties. Do not rely on email confirmations alone; execute an amendment with the same evidentiary protections used for the original agreement.
How long must I keep origination files?
Retain records for the loan term plus additional years per regulatory guidance (IRS minimum 3 years, HIPAA six years where applicable); follow industry-specific retention rules and state extensions.
Which platforms meet healthcare or HIPAA needs?
Platforms that offer HIPAA compliance with a Business Associate Agreement and appropriate encryption and access controls are suitable for healthcare-related origination work; verify the vendor’s BAA and technical safeguards before use.

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