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Tax Return Review Using Form 91
Case Study Part 1




                         ©2012 Genworth Financial, Inc. All rights reserved.
Objective

       Understand the meaning of “Self Employed”
       ‫‏‬




       Learn to use Freddie Mac’s Form 91 to calculate supportable
       ‫‏‬



       income for self-employed borrowers using tax returns.
       Complete Freddie Mac’s Income Analysis Form 91
       ‫‏‬




           – Calculate Expenses reported on a 2106 (Un-reimbursed Business
             Expenses) Schedule A
           – Calculate income from a Schedule C (Sole Proprietor) or 1099
             Borrower
           – Consideration of Capital Gains & Losses Schedule D
           – Calculating Net Rental Income from Schedule E
           – Calculating income from a Schedule F (Farm)




SEB-Form 91                                  SEB-
                                             Form 91
IRS Form 4506-t
IRS 4506-t or similar forms
‫‏‬



    – Allows lenders to obtain transcripts of
      the tax returns for borrowers for free.
    – Once signed and dated by applicant
      the form is good for 120 days.
    – 4506 or 8821 may also be used in lieu
      of the 4506-t but these forms typically
      cost to execute.
    – Fannie Mae & Freddie Mac policy
      requires the form to be signed at
      application and again at closing if it
      was not executed.
    – Lenders typically may use discretion
      as far as executing it with the IRS but
      Fannie Mae “highly recommends “ it.

                                                      ®Desktop Underwriter is a registered trademark of FannieMae
      www.irs.gov

SEB-Form 91                                     SEB-
                                                2
                                                Form 91
Sample 4506t results




SEB-Form 91
4506T Review
Verify-
‫‏‬



    – Name
    – Address
    – SS#
Review-
‫‏‬



    –   Wages/W-2 Reported Line 7
    –   Alimony Received Line 11
    –   Schedule C Income/Loss Reported Line 12
    –   Scheduled D Capital Gains/Losses Reported Lines 13 & 14
    –   Schedule E Rental, K-1 1065, K-1 1120S, Trust Income/Losses Reported Line 17
    –   Schedule F Farm Income/Loss Reported Line 18
    –   Unemployment Compensation Received Line 19
    –   Alimony Paid Line 31a
    –   Schedule A Itemized Deductions
         • Mortgage Interest Paid
         • Real Estate Tax Deduction
         • 2106 Expenses



SEB-Form 91                                               4
Does your borrower own 25% or more
 of a business?




   Does checking the Self Employed Indicator to yes-
   increase the risk of the loan when evaluated by LP?




SEB-Form 91                        5
Self Employed Indicator




SEB-Form 91
Does your borrower own 25% or more
 of a business?




   Does checking the Self Employed Indicator to yes-
   increase the risk of the loan when evaluated by DU?


                                          No
                 Yes

SEB-Form 91                        7
You’ll Need-




SEB-Form 91
The Case Study…
              The Case Study is a married couple John & Mary
              Homeowner
              Mary receives a W2 & a K 1 from a business she owns
              67% of Zen Today, Inc. She has declared un-reimbursed
              expenses against that income on a #2106.
              Mary also operates a Sole Proprietorship that she
              operates out of their home.
              John owns 58% of an LLC. The LLC files a 1065 and
              issued John a K 1. Recycle Fitness, LLC. He has
              declared un-reimbursed expenses against that income.
              Mary & John also own a Rental Property and a Apple
              Orchard.




SEB-Form 91
Income Analysis Form 91




      This is an interactive tool, you can enter data and
      The website will do the calculations but remember
                  Garbage in Garbage out!




    http://freddiemac.com/learn/uw/form_91.html




SEB-Form 91
Income Analysis Form 91 Cheat Sheet




SEB-Form 91
Income Analysis Form 91
              Individual Tax Return (1040)             2011
              1. W-2 Income from SE




     Are any W2 wages filed? If yes, does the
     borrower own more than 25% of the entity
     that issued the W2?




SEB-Form 91                                  SEB-
                                             Form 91
Form 1040

We will use the 1040 to identify the
if any wages were reported (line
7).Then we will review the
corresponding W2 forms.




               Page 3

 SEB-Form 91
Income Analysis Form 91
              Individual Tax Return (1040)   2011
              1. W-2 Income from SE
     Is Mary Self Employed?




              Page 2


SEB-Form 91
Income Analysis Form 91
         Individual Tax Return (1040)                            2011
         1. W-2 Income from SE




      Page 13             When a Borrower files a K1 it must be reviewed for % of ownership and
                          potential losses!

SEB-Form 91
1120S K1




              Page 35
SEB-Form 91
Income Analysis Form 91
              Individual Tax Return (1040)     2010   2011
              1. W-2 Income from SE          73,500   74,700




              Page 2


SEB-Form 91
Income Analysis Form 91
                                            2010         2011


      2. Form 2106-Employee Business Expenses

                Total Expenses             (-)     0   (-)________
              Depreciation                 (+)     0   (+)________




      Check Schedule A to see if a #2106 form has been
      completed by the borrower.




SEB-Form 91
Did Your Borrower file a Schedule A?
Review Line 40 Entry vs. Standard Deduction Values on Page 2 of 1040
‫‏‬




                  Page 4
    SEB-Form 91
Schedule A Expenses
When a 2106 Worksheet has
been completed you must
review it for total expenses
declared!




              Page 5
SEB-Form 91
2106 Worksheet




                        Line 8 (a+b)= Total Expenses
              Page 15
SEB-Form 91
Income Analysis Form 91


      2. Form 2106-Employee Business Expenses

              Total Expenses               (-) 15,355
              Depreciation                 (+)     0




SEB-Form 91
2106 Worksheet for Mary’s W-2 Wage



   12,455(miles) x .22cents= $2,740 of depreciation




    In 2011 the standard mileage deduction was 51 cents which
    includes 22 cents of depreciation on the vehicle.
    Paper expenses = Qualifying Income!


              Page 16
SEB-Form 91
Depreciation Factor




SEB-Form 91
Income Analysis Form 91
         Individual Tax Return (1040)                      2011
         1. W-2 Income from SE                           74,700

      2. Form 2106-Employee Business Expenses
               Total Expenses                           (-) 15,355          $62,085
               Depreciation                             (+) 2,740



      By offsetting the claimed unreimbursed expenses with the depreciation it
      is now *$15,355- $2,740= $12,615
      By reducing the annual income of $74,700 by the $12,615 will equal the
      qualifying income.
      $74,700- $12,615= $62,085 /12= $5,173 per month
      *Some Investors require the Lender to establish a two year average and
      reduced the Borrower’s income. If a two year average can not be
      documented the annual expense will be used as a monthly liability.

SEB-Form 91
Depreciation Factor
Automobile Depreciation
‫‏‬




If a borrower claims a “standard mileage” deduction, the business
‫‏‬



miles driven should be multiplied by the depreciation factor for the
appropriate year, and the calculated amount added to the borrower’s
cash flow.
If a borrower claims an “actual depreciation expense” deduction, the
‫‏‬



amount the borrower claimed should be added to the borrower’s cash
flow.
‫‏‬




SEB-Form 91                             26
2106 Expenses
Nonreimbursed Employee Expenses
When a borrower has nonreimbursed business expenses, such as classroom supplies,
‫‏‬



uniforms, meals, gasoline, automobile insurance, and/or automobile taxes, the lender must
determine the borrower’s recurring monthly debt obligation for such expenses by developing a
24-month average of the expenses, using information from the borrower’s IRS Form 1040
including all schedules (Schedule A and IRS Form 2106) and net out any automobile
depreciation claimed on IRS Form 2106.
Consequently, when calculating the total debt-to-income ratio, the 24-month average for
‫‏‬



nonreimbursed expenses should be subtracted from the borrower’s stable monthly income,
unless such expenses are automobile lease payments or automobile loan payments, in which
case they are to be considered part of the borrower’s recurring monthly debt obligations. If
there is not a 24-month history of such expenses, the lender should develop an annualized
monthly average for the expenses and add this calculated amount to the borrower’s monthly
debt obligations.

    2012 Selling Guide
    Part B, Origination Through Closing
    Subpart B3, Underwriting Borrowers
    Chapter B3-6, Liability Assessment
    B3-6-05, Monthly Debt Obligations (05/24/2011)
    Title: B3-6-05, Monthly Debt Obligations (05/24/2011) Copy To Clipboard Document ID: 900c5f08-5ce1-4919-9db6-4303b8658cf0 Copy To Clipboard Document Name:
    003707958@partb_origthruclosing!b3_underwriteborrowers!b3_6_liabilityassess!b1_b0134 Copy To ClipboardClose



SEB-Form 91                                                                                   27
Income Analysis Form 91

      3.Schedule C- Sole Proprietorship          2011


Net Profit or Loss                        (+)    0
Nonrecurring Other (Income)               (-)    0
Depletion                                 (+)    0
Depreciation                              (+)    0
Meals & Entertainment Exclusion            (-)   0
Amortization/Casualty Loss                (+)    0
Business Use of Home                       (+)   0




 SEB-Form 91
Schedule C Sole Proprietor




              Page 7
SEB-Form 91
SEB-Form 91
Income Analysis Form 91

3.Schedule C- Sole Proprietorship    2011
  Net Profit or Loss                (+)24,040
  Nonrecurring Other (Income)        (-)     0
  Depletion                         (+)     0
  Depreciation                      (+)     0
  Meals & Entertainment Exclusion    (-)    0
  Amortization/Casualty Loss         (+)    0
  Business Use of Home              (+)     0




SEB-Form 91
Schedule C Sole Proprietor
Is “Other Income” Regular & Reoccurring?
Is a Gas or Fuel Credit?




              Page 7
SEB-Form 91
Income Analysis Form 91

3.Schedule C- Sole Proprietorship    2011

  Net Profit or Loss                (+)24,040
  Nonrecurring Other (Income)       (-) 2,876
  Depletion                         (+)     0
  Depreciation                      (+)     0
  Meals & Entertainment Exclusion    (-)    0
  Amortization/Casualty Loss        (+)     0
  Business Use of Home              (+)     0




SEB-Form 91
Schedule C Sole Proprietor Part II




              Page 7
SEB-Form 91
Income Analysis Form 91

3.Schedule C- Sole Proprietorship    2011

  Net Profit or Loss                (+)24,040
  Nonrecurring Other (Income)       (-) 2,876
  Depletion                         (+)     0
  Depreciation                      (+)     0
  Meals & Entertainment Exclusion    (-)    0
  Amortization/Casualty Loss        (+)     0
  Business Use of Home              (+)     0




SEB-Form 91
Schedule C Sole Proprietor Part II

                       4562 or page 2 part IV of
                       Schedule C


                        Start with what is on line 13
                        first, if no ratio issue…move on!




              Page 7
SEB-Form 91
Schedule C page 2




 Business miles from 44a (13,863) x .22 cents (depreciation factor)
 = $3,049 in depreciation!
              Page 8
SEB-Form 91
Form 4562 page 1




          Page 19
SEB-Form 91
Form 4562 page 2




 Business miles from line 13 (13,863) x .22 cents (depreciation
 factor) = $3,049 in depreciation!


              Page 20
SEB-Form 91
Schedule C Sole Proprietor Part II



                                           4562 or page 2

                                   3,049




                4,877 + $3,049 = $7,926 Total Depreciation




              Page 7
SEB-Form 91
Car & Truck Expense Worksheet




                                                          Shows the Interest included in
                                                          the Total reported on Line #9 on
                                                          Sch. C.




 This worksheet will not be included in the “Client Copy” but can be retrieved from the tax preparer


SEB-Form 91                                                      42
Borrower Debt
Fannie Mae 2012 Selling Guide B3-6-05, Monthly Debt Obligations (05/24/2011)
‫‏‬




Business Debt in Borrower’s Name
‫‏‬


W hen a self-employed borrower claims that a monthly obligation that appears on his or her personal credit report is being paid
‫‏‬



by the borrower’s business, the lender must confirm that it verified that the obligation was actually paid out of company funds
and that this was considered in its cash flow analysis of the borrower’s business.
The account payment does not need to be considered as part of the borrower’s individual recurring monthly debt obligations if:
‫‏‬




the account in question does not have a history of delinquency,
‫‏‬




the business provides acceptable evidence that the obligation was paid out of company funds (such as 12 months of canceled
‫‏‬



company checks), and
the lender’s cash flow analysis of the business took payment of the obligation into consideration.
‫‏‬




The account payment does need to be considered as part of the borrower’s individual recurring monthly debt obligations in any
‫‏‬



of the following situations:
If the business does not provide sufficient evidence that the obligation was paid out of company funds.
‫‏‬




If the business provides acceptable evidence of its payment of the obligation, but the lender’s cash flow analysis of the
‫‏‬



business does not reflect any business expense related to the obligation (such as an interest expense—and taxes and
insurance, if applicable—equal to or greater than the amount of interest that one would reasonably expect to see given the
amount of financing shown on the credit report and the age of the loan). It is reasonable to assume that the obligation has not
been accounted for in the cash flow analysis.
If the account in question has a history of delinquency. To ensure that the obligation is counted only once, the lender should
‫‏‬



adjust the net income of the business by the amount of interest, taxes, or insurance expense, if any, that relates to the account
in question.




SEB-Form 91                                                                 43
Income Analysis Form 91

3.Schedule C- Sole Proprietorship    2011

  Net Profit or Loss                (+)24,040
  Nonrecurring Other (Income)        (-) 2,876
  Depletion                         (+)     0
  Depreciation                      (+) 7,926
  Meals & Entertainment Exclusion    (-)    0
  Amortization/Casualty Loss        (+)     0
  Business Use of Home              (+)     0




SEB-Form 91
Schedule C Sole Proprietor Part II




              Page 7
SEB-Form 91
Income Analysis Form 91

3.Schedule C- Sole Proprietorship    2011

  Net Profit or Loss                (+)24,040
  Nonrecurring Other (Income)        (-) 2,876
  Depletion                         (+)     0
  Depreciation                      (+) 7,926
  Meals & Entertainment Exclusion    (-) 3,050
  Amortization/Casualty Loss        (+)     0
  Business Use of Home              (+)     0




SEB-Form 91
Schedule C




    Part V Casualty Losses & Amortization are added back to qualifying income!




              Page 8
SEB-Form 91
Income Analysis Form 91

3.Schedule C- Sole Proprietorship    2011

  Net Profit or Loss                (+)24,040
  Nonrecurring Other (Income)        (-) 2,876
  Depletion                         (+)     0
  Depreciation                      (+) 7,926
  Meals & Entertainment Exclusion    (-) 3,050
  Amortization/Casualty Loss        (+) 1,471
  Business Use of Home              (+)     0




SEB-Form 91
Schedule C Sole Proprietor Part II




              Page 7
SEB-Form 91
8829 Business Use of Home




                Page 17
As the percentage of usage increases a more critical look at the collateral is required. Additional home owners
insurance coverage may also be required. If the transaction is a purchase for a new primary residence will the
Gross Sales of the business be impacted on the relocation of the business?

  SEB-Form 91
8829 Business Use of Home




      Line #14 Casualty Losses, Interest and Real Estate Taxes may be added back to
      qualifying income!




              Page 17
SEB-Form 91
8829 Business Use of Home




      Line #41 Depreciation may be added back to qualifying income!
      $2,825 + N/A= $2,825 your underwriter may only allow this amount to be added
      back.


              Page 17
SEB-Form 91
Income Analysis Form 91

3.Schedule C- Sole Proprietorship    2011

  Net Profit or Loss                (+)24,040
  Nonrecurring Other (Income)        (-) 2,876
  Depletion                         (+)     0
  Depreciation                      (+) 7,926
  Meals & Entertainment Exclusion    (-) 3,050
  Amortization/Casualty Loss        (+) 1,471    $30,336
  Business Use of Home              (+) 2,825




SEB-Form 91
Income Analysis Form 91
                                                2011
     4. Schedule D- Capital Gains & Losses
                                                Recurring Capital Gains
              (Loss)                            (+)     0

     5. Form 4797- Sales of Business Property   (+/-)    0



     6. Form 6252- Installment Sale Income
                 Principal Payments Received    (+)      0




Line 6




SEB-Form 91
Schedule D




     You have already negated the -$3,000 from the front page of the 1040.




              Page 9
SEB-Form 91
Schedule D




    $3,000 is the maximum allowable write-off if married filing a joint return. Next
    year the remaining $56101 will carry over.
    Does losing money on an investment and writing that loss off on paper impact
    the borrower’s cash flow? Does it impact their ability to make a mortgage
    payment?



              Page 10
SEB-Form 91
#6252 Installment Sale          Schedule D



                                        Taxable Income $_______




        #4797 Sales Business Property


        4797 may report onto
        Sch.D or directly to 1040!
                                                1040
                                        Line 13 Capital Gain/Loss
                                        Sch.D $_________

                                        Line 14 OtherGain/Loss #4797
                                        $_________


SEB-Form 91
Form 4797




No Example in Case Study
SEB-Form 91
Form 6252




No Example in Case Study
SEB-Form 91
Income Analysis Form 91
                                                2011
     4. Schedule D- Capital Gains & Losses



     5. Form 4797- Sales of Business Property   (+/-)   0



     6. Form 6252- Installment Sale Income
              Principal Payments Received       (+)     0




SEB-Form 91
Income Analysis Form 91
   7.Schedule E- Supplemental Income & Loss
                                                   2011


         Gross Rents & Royalties             (+)          0
         Total Expenses                      (-)          0
         Amort/Cas Loss/Nonrec Loss, Depr    (+)          0
         Insurance, Mtg Interest, RE Taxes   (+)          0



 Line7




SEB-Form 91
Schedule E- Rental




              Page 12
SEB-Form 91
Income Analysis Form 91
   7.Schedule E- Supplemental Income & Loss
                                                2011


         Gross Rents & Royalties             (+) 18,600
         Total Expenses                      (-)      0
         Amort/Cas Loss/Nonrec Loss, Depr    (+)      0
         Insurance, Mtg Interest, RE Taxes   (+)      0



 Line7




SEB-Form 91
Schedule E- Rental




              Page 12
SEB-Form 91
Income Analysis Form 91
   7.Schedule E- Supplemental Income & Loss
                                                2011


         Gross Rents & Royalties             (+) 18,600
         Total Expenses                      (-) 27,454
         Amort/Cas Loss/Nonrec Loss, Depr    (+)      0
         Insurance, Mtg Interest, RE Taxes   (+)      0



 Line7




SEB-Form 91
Schedule E- Rental




              Page 12
SEB-Form 91
Income Analysis Form 91
   7.Schedule E- Supplemental Income & Loss
                                                2011


         Gross Rents & Royalties             (+) 18,600
         Total Expenses                      (-) 27,454
         Amort/Cas Loss/Nonrec Loss, Depr    (+) 11,168
         Insurance ,Mtg Interest, RE Taxes   (+)      0



 Line7




SEB-Form 91
Schedule E- Rental




              Page 12
SEB-Form 91
Income Analysis Form 91
   7.Schedule E- Supplemental Income & Loss
                                                2011


         Gross Rents & Royalties             (+) 18,600
         Total Expenses                      (-) 27,454
         Amort/Cas Loss/Nonrec Loss, Depr    (+) 11,168
         Insurance ,Mtg Interest, RE Taxes   (+) 14,166

                                             = $16,480



= $16,480 /12= $1,373 -Mtg Payment $1,679
                  = $305 Net Rental Loss
SEB-Form 91
Income Analysis Form 91


   8. Schedule F- Profit or Loss from Farming     2011
         Net Profit or Loss                     (+)   0
         Non-Tax Portion Coop & CCC Payments    (+)   0
         Nonrecurring Other (Income) Loss       (-)   0
         Depreciation                           (+)    0
         Amort/Casualty Loss/Non Loss           (+)    0
         Business Use of home                   (+)    0




Line 8



SEB-Form 91
Schedule F




              Page 14
SEB-Form 91
Income Analysis Form 91


   8. Schedule F- Profit or Loss from Farming     2011
         Net Profit or Loss                     (+) 15,132
         Non-Tax Portion Coop & CCC Payments    (+)    0
         Nonrecurring Other (Income) Loss       (-)    0
         Depreciation                           (+)     0
         Amort/Casualty Loss/Non Loss           (+)     0
         Business Use of home                   (+)     0




Line 8



SEB-Form 91
Cash Flow Analysis 1084




        3a $8,000 – 3b $4,000= $4,000 non- taxable income
        $4,000 x 125% = $5,000 of Gross Income




              Page 14
SEB-Form 91
Income Analysis Form 91


   8. Schedule F- Profit or Loss from Farming     2011
         Net Profit or Loss                     (+) 15,132
         Non-Tax Portion Coop & CCC Payments    (+) 5,000
         Nonrecurring Other (Income) Loss       (-)    0
         Depreciation                           (+)     0
         Amort/Casualty Loss/Non Loss           (+)     0
         Business Use of home                   (+)     0




Line 8



SEB-Form 91
Schedule F




              Page 14
SEB-Form 91
Income Analysis Form 91


   8. Schedule F- Profit or Loss from Farming     2011
         Net Profit or Loss                     (+) 15,132
         Non-Tax Portion Coop & CCC Payments    (+) 5,000
         Nonrecurring Other (Income) Loss       (-) 10,000
         Depreciation                           (+)     0
         Amort/Casualty Loss/Non Loss           (+)     0
         Business Use of home                   (+)     0




Line 8



SEB-Form 91
Schedule F

                        4562




              Page 14
SEB-Form 91
Income Analysis Form 91


   8. Schedule F- Profit or Loss from Farming     2011
         Net Profit or Loss                     (+) 15,132
         Non-Tax Portion Coop & CCC Payments    (+) 5,000
         Nonrecurring Other (Income) Loss       (-) 10,000
         Depreciation                           (+)     0
         Amort/Casualty Loss/Non Loss           (+)     0
         Business Use of home                   (+)     0




Line 8



SEB-Form 91
Schedule F




              Page 14
SEB-Form 91
Income Analysis Form 91


   8. Schedule F- Profit or Loss from Farming     2011
         Net Profit or Loss                     (+) 15,132
         Non-Tax Portion Coop & CCC Payments    (+) 5,000
         Nonrecurring Other (Income) Loss       (-) 10,000
         Depreciation                           (+)     0
         Amort/Casualty Loss/Non Loss           (+)     0    $10,132
         Business Use of home                   (+)     0




Line 8



SEB-Form 91
1040 Income Section




Always subtract line 20b as this is the taxable amount of social security…it’s self employed income and
should be entered on your 1003 separately. (-) 20b

                Page 3
  SEB-Form 91                                                 81
Using Nontaxable Income
Fannie Mae 2012 Selling Guide B3-3.1-04, Using Nontaxable Income to Adjust the
‫‏‬



Borrower’s Gross Income (04/01/2009)
Using Nontaxable Income to Adjust the Borrower’s Gross Income
‫‏‬




The lender should give special consideration to regular sources of income that may be
‫‏‬



nontaxable, such as child support payments, Social Security benefits, disability
retirement payments, workers’ compensation benefits, certain types of public
assistance payments, and food stamps.
The lender must verify that the particular source of income is nontaxable.
‫‏‬



Documentation that can be used for this verification includes award letters, policy
agreements, account statements, or any other documents that address the nontaxable
status of the income.
If the income is verified to be nontaxable, and the income and its tax-exempt status are
‫‏‬



likely to continue, the lender may develop an “adjusted gross income” for the borrower
by adding an amount equivalent to 25% of the nontaxable income to the borrower’s
income.
If the actual amount of federal and state taxes that would generally be paid by a wage
‫‏‬



earner in a similar tax bracket is more than 25% of the borrower’s nontaxable income,
the lender may use that amount to develop the adjusted gross income, which should be
used in calculating the borrower’s qualifying ratio.


SEB-Form 91                                         82
1040 Income Section


Like all non-SEB income if you document the income source is regular & recurring with a probable
future it may be added to the income screen.


In this example the applicant has received $8,891 in benefits and $7,557 of it was taxable as indicated in
(20b) this indicates that only the difference of 20a and 20b is tax free.
$8,891
-$7,557                                               $7,557
=$1,334 tax exempt                  =$1,334 x 125%= $1,667
                                                      $9,224 total income




              Page 3
SEB-Form 91                                                    83
Freddie Mac Form 90 Verbal Verification of
Employment
Freddie Mac Verbal Verification of
‫‏‬



Employment
    – As per Freddie Mac Bulletin 2009-18
      sellers are required to verbally verify
      employment for certain borrowers
      using Form 90 or a similar form
    – Be sure if using a different form, it
      captures the required information as
      per the Freddie Mac Seller
    – As per Freddie Mac Bulletin 09-27
      sellers are required to obtain the
      Verbal VOE not more than 10
      Business days prior to the Note Date
      rather than 10 calendar days



    http://freddiemac.com/learn/qr.html

SEB-Form 91                                     SEB-
                                                84
                                                Form 91
Legal Disclaimer
  Genworth Mortgage Insurance is happy to provide you with these training
  ‫‏‬



  materials. While we strive for accuracy, we also know that any discussion of laws
  and their application to particular facts is subject to individual interpretation,
  change, and other uncertainties. Our training is not intended as legal advice, and
  is not a substitute for advice of counsel. You should always check with your own
  legal advisors for interpretations of legal and compliance principles applicable to
  your business.

  GENWORTH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES,
  ‫‏‬



  EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF
  MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH
  RESPECT TO THESE MATERIALS AND THE RELATED TRAINING. IN NO
  EVENT SHALL GENWORTH BE LIABLE FOR ANY DIRECT, INDIRECT,
  INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND
  WHATSOEVER WITH RESPECT TO THE TRAINING AND THE MATERIALS.

  ‫‏‬




©2012 Genworth Financial, Inc. All rights reserved.   85

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Self-Employed Borrower: Case Study Part I: Completing the Form 91 with Personal Tax Returns (Webinar Slides)

  • 1. Tax Return Review Using Form 91 Case Study Part 1 ©2012 Genworth Financial, Inc. All rights reserved.
  • 2. Objective Understand the meaning of “Self Employed” ‫‏‬ Learn to use Freddie Mac’s Form 91 to calculate supportable ‫‏‬ income for self-employed borrowers using tax returns. Complete Freddie Mac’s Income Analysis Form 91 ‫‏‬ – Calculate Expenses reported on a 2106 (Un-reimbursed Business Expenses) Schedule A – Calculate income from a Schedule C (Sole Proprietor) or 1099 Borrower – Consideration of Capital Gains & Losses Schedule D – Calculating Net Rental Income from Schedule E – Calculating income from a Schedule F (Farm) SEB-Form 91 SEB- Form 91
  • 3. IRS Form 4506-t IRS 4506-t or similar forms ‫‏‬ – Allows lenders to obtain transcripts of the tax returns for borrowers for free. – Once signed and dated by applicant the form is good for 120 days. – 4506 or 8821 may also be used in lieu of the 4506-t but these forms typically cost to execute. – Fannie Mae & Freddie Mac policy requires the form to be signed at application and again at closing if it was not executed. – Lenders typically may use discretion as far as executing it with the IRS but Fannie Mae “highly recommends “ it. ®Desktop Underwriter is a registered trademark of FannieMae www.irs.gov SEB-Form 91 SEB- 2 Form 91
  • 5. 4506T Review Verify- ‫‏‬ – Name – Address – SS# Review- ‫‏‬ – Wages/W-2 Reported Line 7 – Alimony Received Line 11 – Schedule C Income/Loss Reported Line 12 – Scheduled D Capital Gains/Losses Reported Lines 13 & 14 – Schedule E Rental, K-1 1065, K-1 1120S, Trust Income/Losses Reported Line 17 – Schedule F Farm Income/Loss Reported Line 18 – Unemployment Compensation Received Line 19 – Alimony Paid Line 31a – Schedule A Itemized Deductions • Mortgage Interest Paid • Real Estate Tax Deduction • 2106 Expenses SEB-Form 91 4
  • 6. Does your borrower own 25% or more of a business? Does checking the Self Employed Indicator to yes- increase the risk of the loan when evaluated by LP? SEB-Form 91 5
  • 8. Does your borrower own 25% or more of a business? Does checking the Self Employed Indicator to yes- increase the risk of the loan when evaluated by DU? No Yes SEB-Form 91 7
  • 10. The Case Study… The Case Study is a married couple John & Mary Homeowner Mary receives a W2 & a K 1 from a business she owns 67% of Zen Today, Inc. She has declared un-reimbursed expenses against that income on a #2106. Mary also operates a Sole Proprietorship that she operates out of their home. John owns 58% of an LLC. The LLC files a 1065 and issued John a K 1. Recycle Fitness, LLC. He has declared un-reimbursed expenses against that income. Mary & John also own a Rental Property and a Apple Orchard. SEB-Form 91
  • 11. Income Analysis Form 91 This is an interactive tool, you can enter data and The website will do the calculations but remember Garbage in Garbage out! http://freddiemac.com/learn/uw/form_91.html SEB-Form 91
  • 12. Income Analysis Form 91 Cheat Sheet SEB-Form 91
  • 13. Income Analysis Form 91 Individual Tax Return (1040) 2011 1. W-2 Income from SE Are any W2 wages filed? If yes, does the borrower own more than 25% of the entity that issued the W2? SEB-Form 91 SEB- Form 91
  • 14. Form 1040 We will use the 1040 to identify the if any wages were reported (line 7).Then we will review the corresponding W2 forms. Page 3 SEB-Form 91
  • 15. Income Analysis Form 91 Individual Tax Return (1040) 2011 1. W-2 Income from SE Is Mary Self Employed? Page 2 SEB-Form 91
  • 16. Income Analysis Form 91 Individual Tax Return (1040) 2011 1. W-2 Income from SE Page 13 When a Borrower files a K1 it must be reviewed for % of ownership and potential losses! SEB-Form 91
  • 17. 1120S K1 Page 35 SEB-Form 91
  • 18. Income Analysis Form 91 Individual Tax Return (1040) 2010 2011 1. W-2 Income from SE 73,500 74,700 Page 2 SEB-Form 91
  • 19. Income Analysis Form 91 2010 2011 2. Form 2106-Employee Business Expenses Total Expenses (-) 0 (-)________ Depreciation (+) 0 (+)________ Check Schedule A to see if a #2106 form has been completed by the borrower. SEB-Form 91
  • 20. Did Your Borrower file a Schedule A? Review Line 40 Entry vs. Standard Deduction Values on Page 2 of 1040 ‫‏‬ Page 4 SEB-Form 91
  • 21. Schedule A Expenses When a 2106 Worksheet has been completed you must review it for total expenses declared! Page 5 SEB-Form 91
  • 22. 2106 Worksheet Line 8 (a+b)= Total Expenses Page 15 SEB-Form 91
  • 23. Income Analysis Form 91 2. Form 2106-Employee Business Expenses Total Expenses (-) 15,355 Depreciation (+) 0 SEB-Form 91
  • 24. 2106 Worksheet for Mary’s W-2 Wage 12,455(miles) x .22cents= $2,740 of depreciation In 2011 the standard mileage deduction was 51 cents which includes 22 cents of depreciation on the vehicle. Paper expenses = Qualifying Income! Page 16 SEB-Form 91
  • 26. Income Analysis Form 91 Individual Tax Return (1040) 2011 1. W-2 Income from SE 74,700 2. Form 2106-Employee Business Expenses Total Expenses (-) 15,355 $62,085 Depreciation (+) 2,740 By offsetting the claimed unreimbursed expenses with the depreciation it is now *$15,355- $2,740= $12,615 By reducing the annual income of $74,700 by the $12,615 will equal the qualifying income. $74,700- $12,615= $62,085 /12= $5,173 per month *Some Investors require the Lender to establish a two year average and reduced the Borrower’s income. If a two year average can not be documented the annual expense will be used as a monthly liability. SEB-Form 91
  • 27. Depreciation Factor Automobile Depreciation ‫‏‬ If a borrower claims a “standard mileage” deduction, the business ‫‏‬ miles driven should be multiplied by the depreciation factor for the appropriate year, and the calculated amount added to the borrower’s cash flow. If a borrower claims an “actual depreciation expense” deduction, the ‫‏‬ amount the borrower claimed should be added to the borrower’s cash flow. ‫‏‬ SEB-Form 91 26
  • 28. 2106 Expenses Nonreimbursed Employee Expenses When a borrower has nonreimbursed business expenses, such as classroom supplies, ‫‏‬ uniforms, meals, gasoline, automobile insurance, and/or automobile taxes, the lender must determine the borrower’s recurring monthly debt obligation for such expenses by developing a 24-month average of the expenses, using information from the borrower’s IRS Form 1040 including all schedules (Schedule A and IRS Form 2106) and net out any automobile depreciation claimed on IRS Form 2106. Consequently, when calculating the total debt-to-income ratio, the 24-month average for ‫‏‬ nonreimbursed expenses should be subtracted from the borrower’s stable monthly income, unless such expenses are automobile lease payments or automobile loan payments, in which case they are to be considered part of the borrower’s recurring monthly debt obligations. If there is not a 24-month history of such expenses, the lender should develop an annualized monthly average for the expenses and add this calculated amount to the borrower’s monthly debt obligations. 2012 Selling Guide Part B, Origination Through Closing Subpart B3, Underwriting Borrowers Chapter B3-6, Liability Assessment B3-6-05, Monthly Debt Obligations (05/24/2011) Title: B3-6-05, Monthly Debt Obligations (05/24/2011) Copy To Clipboard Document ID: 900c5f08-5ce1-4919-9db6-4303b8658cf0 Copy To Clipboard Document Name: 003707958@partb_origthruclosing!b3_underwriteborrowers!b3_6_liabilityassess!b1_b0134 Copy To ClipboardClose SEB-Form 91 27
  • 29. Income Analysis Form 91 3.Schedule C- Sole Proprietorship 2011 Net Profit or Loss (+) 0 Nonrecurring Other (Income) (-) 0 Depletion (+) 0 Depreciation (+) 0 Meals & Entertainment Exclusion (-) 0 Amortization/Casualty Loss (+) 0 Business Use of Home (+) 0 SEB-Form 91
  • 30. Schedule C Sole Proprietor Page 7 SEB-Form 91
  • 32. Income Analysis Form 91 3.Schedule C- Sole Proprietorship 2011 Net Profit or Loss (+)24,040 Nonrecurring Other (Income) (-) 0 Depletion (+) 0 Depreciation (+) 0 Meals & Entertainment Exclusion (-) 0 Amortization/Casualty Loss (+) 0 Business Use of Home (+) 0 SEB-Form 91
  • 33. Schedule C Sole Proprietor Is “Other Income” Regular & Reoccurring? Is a Gas or Fuel Credit? Page 7 SEB-Form 91
  • 34. Income Analysis Form 91 3.Schedule C- Sole Proprietorship 2011 Net Profit or Loss (+)24,040 Nonrecurring Other (Income) (-) 2,876 Depletion (+) 0 Depreciation (+) 0 Meals & Entertainment Exclusion (-) 0 Amortization/Casualty Loss (+) 0 Business Use of Home (+) 0 SEB-Form 91
  • 35. Schedule C Sole Proprietor Part II Page 7 SEB-Form 91
  • 36. Income Analysis Form 91 3.Schedule C- Sole Proprietorship 2011 Net Profit or Loss (+)24,040 Nonrecurring Other (Income) (-) 2,876 Depletion (+) 0 Depreciation (+) 0 Meals & Entertainment Exclusion (-) 0 Amortization/Casualty Loss (+) 0 Business Use of Home (+) 0 SEB-Form 91
  • 37. Schedule C Sole Proprietor Part II 4562 or page 2 part IV of Schedule C Start with what is on line 13 first, if no ratio issue…move on! Page 7 SEB-Form 91
  • 38. Schedule C page 2 Business miles from 44a (13,863) x .22 cents (depreciation factor) = $3,049 in depreciation! Page 8 SEB-Form 91
  • 39. Form 4562 page 1 Page 19 SEB-Form 91
  • 40. Form 4562 page 2 Business miles from line 13 (13,863) x .22 cents (depreciation factor) = $3,049 in depreciation! Page 20 SEB-Form 91
  • 41. Schedule C Sole Proprietor Part II 4562 or page 2 3,049 4,877 + $3,049 = $7,926 Total Depreciation Page 7 SEB-Form 91
  • 42. Car & Truck Expense Worksheet Shows the Interest included in the Total reported on Line #9 on Sch. C. This worksheet will not be included in the “Client Copy” but can be retrieved from the tax preparer SEB-Form 91 42
  • 43. Borrower Debt Fannie Mae 2012 Selling Guide B3-6-05, Monthly Debt Obligations (05/24/2011) ‫‏‬ Business Debt in Borrower’s Name ‫‏‬ W hen a self-employed borrower claims that a monthly obligation that appears on his or her personal credit report is being paid ‫‏‬ by the borrower’s business, the lender must confirm that it verified that the obligation was actually paid out of company funds and that this was considered in its cash flow analysis of the borrower’s business. The account payment does not need to be considered as part of the borrower’s individual recurring monthly debt obligations if: ‫‏‬ the account in question does not have a history of delinquency, ‫‏‬ the business provides acceptable evidence that the obligation was paid out of company funds (such as 12 months of canceled ‫‏‬ company checks), and the lender’s cash flow analysis of the business took payment of the obligation into consideration. ‫‏‬ The account payment does need to be considered as part of the borrower’s individual recurring monthly debt obligations in any ‫‏‬ of the following situations: If the business does not provide sufficient evidence that the obligation was paid out of company funds. ‫‏‬ If the business provides acceptable evidence of its payment of the obligation, but the lender’s cash flow analysis of the ‫‏‬ business does not reflect any business expense related to the obligation (such as an interest expense—and taxes and insurance, if applicable—equal to or greater than the amount of interest that one would reasonably expect to see given the amount of financing shown on the credit report and the age of the loan). It is reasonable to assume that the obligation has not been accounted for in the cash flow analysis. If the account in question has a history of delinquency. To ensure that the obligation is counted only once, the lender should ‫‏‬ adjust the net income of the business by the amount of interest, taxes, or insurance expense, if any, that relates to the account in question. SEB-Form 91 43
  • 44. Income Analysis Form 91 3.Schedule C- Sole Proprietorship 2011 Net Profit or Loss (+)24,040 Nonrecurring Other (Income) (-) 2,876 Depletion (+) 0 Depreciation (+) 7,926 Meals & Entertainment Exclusion (-) 0 Amortization/Casualty Loss (+) 0 Business Use of Home (+) 0 SEB-Form 91
  • 45. Schedule C Sole Proprietor Part II Page 7 SEB-Form 91
  • 46. Income Analysis Form 91 3.Schedule C- Sole Proprietorship 2011 Net Profit or Loss (+)24,040 Nonrecurring Other (Income) (-) 2,876 Depletion (+) 0 Depreciation (+) 7,926 Meals & Entertainment Exclusion (-) 3,050 Amortization/Casualty Loss (+) 0 Business Use of Home (+) 0 SEB-Form 91
  • 47. Schedule C Part V Casualty Losses & Amortization are added back to qualifying income! Page 8 SEB-Form 91
  • 48. Income Analysis Form 91 3.Schedule C- Sole Proprietorship 2011 Net Profit or Loss (+)24,040 Nonrecurring Other (Income) (-) 2,876 Depletion (+) 0 Depreciation (+) 7,926 Meals & Entertainment Exclusion (-) 3,050 Amortization/Casualty Loss (+) 1,471 Business Use of Home (+) 0 SEB-Form 91
  • 49. Schedule C Sole Proprietor Part II Page 7 SEB-Form 91
  • 50. 8829 Business Use of Home Page 17 As the percentage of usage increases a more critical look at the collateral is required. Additional home owners insurance coverage may also be required. If the transaction is a purchase for a new primary residence will the Gross Sales of the business be impacted on the relocation of the business? SEB-Form 91
  • 51. 8829 Business Use of Home Line #14 Casualty Losses, Interest and Real Estate Taxes may be added back to qualifying income! Page 17 SEB-Form 91
  • 52. 8829 Business Use of Home Line #41 Depreciation may be added back to qualifying income! $2,825 + N/A= $2,825 your underwriter may only allow this amount to be added back. Page 17 SEB-Form 91
  • 53. Income Analysis Form 91 3.Schedule C- Sole Proprietorship 2011 Net Profit or Loss (+)24,040 Nonrecurring Other (Income) (-) 2,876 Depletion (+) 0 Depreciation (+) 7,926 Meals & Entertainment Exclusion (-) 3,050 Amortization/Casualty Loss (+) 1,471 $30,336 Business Use of Home (+) 2,825 SEB-Form 91
  • 54. Income Analysis Form 91 2011 4. Schedule D- Capital Gains & Losses Recurring Capital Gains (Loss) (+) 0 5. Form 4797- Sales of Business Property (+/-) 0 6. Form 6252- Installment Sale Income Principal Payments Received (+) 0 Line 6 SEB-Form 91
  • 55. Schedule D You have already negated the -$3,000 from the front page of the 1040. Page 9 SEB-Form 91
  • 56. Schedule D $3,000 is the maximum allowable write-off if married filing a joint return. Next year the remaining $56101 will carry over. Does losing money on an investment and writing that loss off on paper impact the borrower’s cash flow? Does it impact their ability to make a mortgage payment? Page 10 SEB-Form 91
  • 57. #6252 Installment Sale Schedule D Taxable Income $_______ #4797 Sales Business Property 4797 may report onto Sch.D or directly to 1040! 1040 Line 13 Capital Gain/Loss Sch.D $_________ Line 14 OtherGain/Loss #4797 $_________ SEB-Form 91
  • 58. Form 4797 No Example in Case Study SEB-Form 91
  • 59. Form 6252 No Example in Case Study SEB-Form 91
  • 60. Income Analysis Form 91 2011 4. Schedule D- Capital Gains & Losses 5. Form 4797- Sales of Business Property (+/-) 0 6. Form 6252- Installment Sale Income Principal Payments Received (+) 0 SEB-Form 91
  • 61. Income Analysis Form 91 7.Schedule E- Supplemental Income & Loss 2011 Gross Rents & Royalties (+) 0 Total Expenses (-) 0 Amort/Cas Loss/Nonrec Loss, Depr (+) 0 Insurance, Mtg Interest, RE Taxes (+) 0 Line7 SEB-Form 91
  • 62. Schedule E- Rental Page 12 SEB-Form 91
  • 63. Income Analysis Form 91 7.Schedule E- Supplemental Income & Loss 2011 Gross Rents & Royalties (+) 18,600 Total Expenses (-) 0 Amort/Cas Loss/Nonrec Loss, Depr (+) 0 Insurance, Mtg Interest, RE Taxes (+) 0 Line7 SEB-Form 91
  • 64. Schedule E- Rental Page 12 SEB-Form 91
  • 65. Income Analysis Form 91 7.Schedule E- Supplemental Income & Loss 2011 Gross Rents & Royalties (+) 18,600 Total Expenses (-) 27,454 Amort/Cas Loss/Nonrec Loss, Depr (+) 0 Insurance, Mtg Interest, RE Taxes (+) 0 Line7 SEB-Form 91
  • 66. Schedule E- Rental Page 12 SEB-Form 91
  • 67. Income Analysis Form 91 7.Schedule E- Supplemental Income & Loss 2011 Gross Rents & Royalties (+) 18,600 Total Expenses (-) 27,454 Amort/Cas Loss/Nonrec Loss, Depr (+) 11,168 Insurance ,Mtg Interest, RE Taxes (+) 0 Line7 SEB-Form 91
  • 68. Schedule E- Rental Page 12 SEB-Form 91
  • 69. Income Analysis Form 91 7.Schedule E- Supplemental Income & Loss 2011 Gross Rents & Royalties (+) 18,600 Total Expenses (-) 27,454 Amort/Cas Loss/Nonrec Loss, Depr (+) 11,168 Insurance ,Mtg Interest, RE Taxes (+) 14,166 = $16,480 = $16,480 /12= $1,373 -Mtg Payment $1,679 = $305 Net Rental Loss SEB-Form 91
  • 70. Income Analysis Form 91 8. Schedule F- Profit or Loss from Farming 2011 Net Profit or Loss (+) 0 Non-Tax Portion Coop & CCC Payments (+) 0 Nonrecurring Other (Income) Loss (-) 0 Depreciation (+) 0 Amort/Casualty Loss/Non Loss (+) 0 Business Use of home (+) 0 Line 8 SEB-Form 91
  • 71. Schedule F Page 14 SEB-Form 91
  • 72. Income Analysis Form 91 8. Schedule F- Profit or Loss from Farming 2011 Net Profit or Loss (+) 15,132 Non-Tax Portion Coop & CCC Payments (+) 0 Nonrecurring Other (Income) Loss (-) 0 Depreciation (+) 0 Amort/Casualty Loss/Non Loss (+) 0 Business Use of home (+) 0 Line 8 SEB-Form 91
  • 73. Cash Flow Analysis 1084 3a $8,000 – 3b $4,000= $4,000 non- taxable income $4,000 x 125% = $5,000 of Gross Income Page 14 SEB-Form 91
  • 74. Income Analysis Form 91 8. Schedule F- Profit or Loss from Farming 2011 Net Profit or Loss (+) 15,132 Non-Tax Portion Coop & CCC Payments (+) 5,000 Nonrecurring Other (Income) Loss (-) 0 Depreciation (+) 0 Amort/Casualty Loss/Non Loss (+) 0 Business Use of home (+) 0 Line 8 SEB-Form 91
  • 75. Schedule F Page 14 SEB-Form 91
  • 76. Income Analysis Form 91 8. Schedule F- Profit or Loss from Farming 2011 Net Profit or Loss (+) 15,132 Non-Tax Portion Coop & CCC Payments (+) 5,000 Nonrecurring Other (Income) Loss (-) 10,000 Depreciation (+) 0 Amort/Casualty Loss/Non Loss (+) 0 Business Use of home (+) 0 Line 8 SEB-Form 91
  • 77. Schedule F 4562 Page 14 SEB-Form 91
  • 78. Income Analysis Form 91 8. Schedule F- Profit or Loss from Farming 2011 Net Profit or Loss (+) 15,132 Non-Tax Portion Coop & CCC Payments (+) 5,000 Nonrecurring Other (Income) Loss (-) 10,000 Depreciation (+) 0 Amort/Casualty Loss/Non Loss (+) 0 Business Use of home (+) 0 Line 8 SEB-Form 91
  • 79. Schedule F Page 14 SEB-Form 91
  • 80. Income Analysis Form 91 8. Schedule F- Profit or Loss from Farming 2011 Net Profit or Loss (+) 15,132 Non-Tax Portion Coop & CCC Payments (+) 5,000 Nonrecurring Other (Income) Loss (-) 10,000 Depreciation (+) 0 Amort/Casualty Loss/Non Loss (+) 0 $10,132 Business Use of home (+) 0 Line 8 SEB-Form 91
  • 81. 1040 Income Section Always subtract line 20b as this is the taxable amount of social security…it’s self employed income and should be entered on your 1003 separately. (-) 20b Page 3 SEB-Form 91 81
  • 82. Using Nontaxable Income Fannie Mae 2012 Selling Guide B3-3.1-04, Using Nontaxable Income to Adjust the ‫‏‬ Borrower’s Gross Income (04/01/2009) Using Nontaxable Income to Adjust the Borrower’s Gross Income ‫‏‬ The lender should give special consideration to regular sources of income that may be ‫‏‬ nontaxable, such as child support payments, Social Security benefits, disability retirement payments, workers’ compensation benefits, certain types of public assistance payments, and food stamps. The lender must verify that the particular source of income is nontaxable. ‫‏‬ Documentation that can be used for this verification includes award letters, policy agreements, account statements, or any other documents that address the nontaxable status of the income. If the income is verified to be nontaxable, and the income and its tax-exempt status are ‫‏‬ likely to continue, the lender may develop an “adjusted gross income” for the borrower by adding an amount equivalent to 25% of the nontaxable income to the borrower’s income. If the actual amount of federal and state taxes that would generally be paid by a wage ‫‏‬ earner in a similar tax bracket is more than 25% of the borrower’s nontaxable income, the lender may use that amount to develop the adjusted gross income, which should be used in calculating the borrower’s qualifying ratio. SEB-Form 91 82
  • 83. 1040 Income Section Like all non-SEB income if you document the income source is regular & recurring with a probable future it may be added to the income screen. In this example the applicant has received $8,891 in benefits and $7,557 of it was taxable as indicated in (20b) this indicates that only the difference of 20a and 20b is tax free. $8,891 -$7,557 $7,557 =$1,334 tax exempt =$1,334 x 125%= $1,667 $9,224 total income Page 3 SEB-Form 91 83
  • 84. Freddie Mac Form 90 Verbal Verification of Employment Freddie Mac Verbal Verification of ‫‏‬ Employment – As per Freddie Mac Bulletin 2009-18 sellers are required to verbally verify employment for certain borrowers using Form 90 or a similar form – Be sure if using a different form, it captures the required information as per the Freddie Mac Seller – As per Freddie Mac Bulletin 09-27 sellers are required to obtain the Verbal VOE not more than 10 Business days prior to the Note Date rather than 10 calendar days http://freddiemac.com/learn/qr.html SEB-Form 91 SEB- 84 Form 91
  • 85. Legal Disclaimer Genworth Mortgage Insurance is happy to provide you with these training ‫‏‬ materials. While we strive for accuracy, we also know that any discussion of laws and their application to particular facts is subject to individual interpretation, change, and other uncertainties. Our training is not intended as legal advice, and is not a substitute for advice of counsel. You should always check with your own legal advisors for interpretations of legal and compliance principles applicable to your business. GENWORTH EXPRESSLY DISCLAIMS ANY AND ALL WARRANTIES, ‫‏‬ EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION WARRANTIES OF MERCHANTABILITY AND FITNESS FOR A PARTICULAR PURPOSE, WITH RESPECT TO THESE MATERIALS AND THE RELATED TRAINING. IN NO EVENT SHALL GENWORTH BE LIABLE FOR ANY DIRECT, INDIRECT, INCIDENTAL, PUNITIVE, OR CONSEQUENTIAL DAMAGES OF ANY KIND WHATSOEVER WITH RESPECT TO THE TRAINING AND THE MATERIALS. ‫‏‬ ©2012 Genworth Financial, Inc. All rights reserved. 85