Effective May 27, 2026

Terms of Service

These Terms of Service (Terms) govern your use of moatnoteservicing.com, the Moat lender portal, the Moat borrower portal, and any note-servicing or related services we provide (collectively, the Services). Read them carefully. By using the Services, you agree to these Terms.

1. Who these Terms cover

These Terms are an agreement between you and Moat Note Servicing, LLC (NMLS 1419346), a Texas limited liability company with offices at 1602 N PanAm Expy, San Antonio, TX 78208 (Moat, we, or us). You means the person or entity using the Services. If you use the Services on behalf of a company or other organization, you represent that you have authority to bind that entity to these Terms, and references to you mean both you and that entity.

2. Eligibility and authority

You must be at least 18 years old and have legal capacity to enter contracts. If you act for an entity, you must have authority to bind the entity. You agree to provide accurate information when you create an account, request a consultation, or board a note, and to keep that information current.

3. The Services

We provide mortgage note-servicing and related administrative services to lenders and investors holding notes secured by Texas real estate. Services may include boarding, payment processing, escrow administration, borrower communication, statement and tax reporting, default and foreclosure servicing under Tex. Property Code §51.002, and operation of the lender portal and borrower portal. The specific scope, fees, and term of any servicing engagement are governed by the servicing agreement between Moat and the applicable lender; these Terms supplement and do not replace that agreement.

Texas only. Moat services notes secured by Texas real estate. We are not licensed to service mortgage loans in other states, and nothing on the Services constitutes an offer to do so. Expansion-interest submissions are educational only; specific pricing and availability for other states will be confirmed individually if and when we expand.

Moat acts as your loan servicer (or, for borrowers, the servicer of your lender’s loan), not as your fiduciary, agent for purposes beyond servicing, financial advisor, accountant, or attorney. Information on the Services, including pages about Texas foreclosure, owner financing, RMLO licensing, taxes, and statutory citations, is general information, not legal, tax, or financial advice, and does not create an attorney-client, fiduciary, or advisory relationship. For your specific situation, consult a licensed Texas attorney, tax professional, or financial advisor.

5. Accounts and credentials

You are responsible for the accuracy of your account information and for the security of your credentials (including the lender portal and borrower portal usernames, passwords, and any multi-factor authentication factors). Notify us immediately at customersupport@moatnoteservicing.com if you suspect unauthorized access. You agree not to share, sell, or otherwise transfer your credentials, and not to access accounts that are not yours.

6. Acceptable use

You agree that you will not:

  • Use the Services in violation of applicable law (including the SAFE Act, Texas SML rules, RESPA, TILA, the FDCPA, GLBA, and FTC regulations).
  • Submit loans for servicing that you do not have lawful authority to service or that were originated in violation of applicable Texas RMLO or federal SAFE Act requirements.
  • Submit forged, fraudulent, or materially misleading documentation.
  • Attempt to gain unauthorized access to the Services, other users’ accounts, or any underlying systems.
  • Reverse engineer, scrape, or copy the Services except as expressly permitted.
  • Use the Services to harass, defame, or unlawfully threaten any borrower or other person, or in any manner that would violate the Fair Debt Collection Practices Act.

We may suspend or terminate access for any breach of this section.

7. Fees and payment

For lenders, fees for note servicing are governed by the servicing agreement and the published fee schedule (currently a $150 one-time setup fee per loan, $35 per month per non-escrowed loan, $40 per month per escrowed loan, 50/50 late-fee split, $50 optional expedite onboarding per loan for a 48-hour turnaround, $150 research / correction fee when intake rework is required, plus pass-through third-party costs at cost as incurred; foreclosure coordination, if elected, is quoted separately). Borrowers do not pay Moat directly for servicing; borrower payments are remitted to the lender after deduction of permitted fees as authorized in the loan documents and the servicing agreement.

No payments through the website. The marketing website at moatnoteservicing.com does not process payments. Borrower loan payments are processed through the dedicated payment portal operated on a secure servicing platform. If you are asked to send a payment to any other site or address claiming to be Moat, contact us immediately at (210) 504-8878.

8. Customer responsibilities (lenders)

If you are a lender or investor using the Services, you represent and warrant that:

  • You hold the loans you board with us with full legal authority to enforce them.
  • The loans were originated in compliance with applicable law, including the SAFE Act and Texas RMLO requirements where applicable.
  • The loan documents you provide to us are true, complete, and current.
  • You have provided any privacy notices required by GLBA to the borrowers whose loans you board.
  • You will respond promptly to servicing requests that require lender direction (default declarations, foreclosure instructions, payoff approvals).

9. Confidentiality

Each party will protect the other party’s confidential information with the same care it uses for its own confidential information, and no less than reasonable care. Confidential information includes loan files, customer lists, technical information, fee schedules, and any information marked confidential or that a reasonable person would understand to be confidential. The confidentiality obligation does not apply to information that is public through no fault of the receiving party, was lawfully known before disclosure, is independently developed, or is required to be disclosed by law or court order.

10. Third-Party Integrations

Moat may enable you to connect the Moat platform to third-party applications and services, including QuickBooks, HubSpot, Notion, and Podio, and may build custom integrations at your request (collectively, Third-Party Services). Third-Party Services are provided by independent third parties and are not owned, operated, or controlled by Moat. By enabling or requesting any integration, you agree that:

  1. No responsibility for third parties. Moat does not control and is not responsible or liable for the availability, accuracy, functionality, security, or performance of any Third-Party Service, or for any act or omission of any third-party provider.
  2. Governed by the third party’s terms. Your use of any Third-Party Service is governed solely by the agreement, privacy policy, and security practices between you and that provider. You are solely responsible for reviewing and complying with those terms. Moat is not a party to them.
  3. Your data and connections are your responsibility. You are solely responsible for deciding whether to enable an integration, for configuring and maintaining it, for the security of your credentials, API keys, and accounts, and for the accuracy and legality of any data transmitted to or from a Third-Party Service. Moat does not control how a Third-Party Service accesses, uses, stores, or protects your data once it leaves the Moat platform.
  4. Security of third-party connections. Moat maintains reasonable security measures for its own platform. Moat makes no representation or warranty regarding the security of any Third-Party Service and has no liability for any breach, loss, or unauthorized access that occurs on or through a Third-Party Service or its systems. Responsibility for the security of a third-party connection rests entirely with you and your third-party provider.
  5. “As is.” Third-Party Services and integrations are provided “as is” and “as available,” without warranty of any kind, express or implied, including merchantability, fitness for a particular purpose, and non-infringement. Moat does not warrant that any integration will be uninterrupted, error-free, or secure.
  6. Limitation of liability. To the maximum extent permitted by law, Moat will have no liability arising out of or relating to any Third-Party Service or your use of any integration, including any lost data, lost profits, or indirect, incidental, special, or consequential damages.
  7. Changes. Moat may modify, suspend, or discontinue any integration at any time, with or without notice and without liability, including if a provider changes or removes its API.
  8. No endorsement. Moat’s support for an integration does not imply endorsement of, or any partnership or agency relationship with, the third-party provider.

11. Intellectual property

The Services, including the website, software, content, logos, and trademarks, are owned by Moat or its licensors and are protected by intellectual-property laws. We grant you a limited, non-exclusive, non-transferable, revocable license to use the Services for their intended purpose, subject to these Terms. You retain all rights in the loan documents and data you submit; you grant Moat a license to use that information as needed to provide the Services.

12. Disclaimers

EXCEPT AS EXPRESSLY STATED IN A SEPARATE WRITTEN SERVICING AGREEMENT, THE SERVICES ARE PROVIDED “AS IS” AND “AS AVAILABLE.” MOAT DISCLAIMS ALL WARRANTIES, EXPRESS, IMPLIED, AND STATUTORY, INCLUDING IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, ACCURACY, AND NON-INFRINGEMENT. WE DO NOT WARRANT THAT THE SERVICES WILL BE UNINTERRUPTED, ERROR-FREE, SECURE, OR THAT INFORMATION ON THE SERVICES IS COMPLETE OR CURRENT. STATUTORY CITATIONS, LEGAL ANALYSIS, AND TIMELINES ON THE SERVICES ARE GENERAL INFORMATION; YOU ARE RESPONSIBLE FOR CONFIRMING THE CURRENT LAW WITH A LICENSED TEXAS ATTORNEY.

13. Limitation of liability

TO THE MAXIMUM EXTENT PERMITTED BY LAW, IN NO EVENT WILL MOAT BE LIABLE FOR ANY INDIRECT, INCIDENTAL, SPECIAL, CONSEQUENTIAL, EXEMPLARY, OR PUNITIVE DAMAGES, INCLUDING LOST PROFITS, LOST REVENUE, LOST DATA, OR BUSINESS INTERRUPTION, ARISING OUT OF OR RELATING TO THE SERVICES OR THESE TERMS, EVEN IF MOAT WAS ADVISED OF THE POSSIBILITY OF SUCH DAMAGES. MOAT’S TOTAL LIABILITY ARISING OUT OF OR RELATING TO THESE TERMS OR THE SERVICES, IN AGGREGATE AND FOR ALL CLAIMS, WILL NOT EXCEED THE GREATER OF (A) THE FEES ACTUALLY PAID BY YOU TO MOAT IN THE TWELVE (12) MONTHS PRECEDING THE FIRST EVENT GIVING RISE TO LIABILITY OR (B) ONE THOUSAND U.S. DOLLARS ($1,000). THIS SECTION DOES NOT LIMIT LIABILITY FOR FRAUD OR FOR ANY LIABILITY THAT BY LAW CANNOT BE LIMITED.

14. Indemnification

You will indemnify, defend, and hold harmless Moat and its officers, directors, employees, and agents from and against any claims, losses, damages, liabilities, costs, and expenses (including reasonable attorney fees) arising out of or relating to (i) your breach of these Terms, (ii) the loans you board with us, including any claim by a borrower that the loan was originated or held in violation of law, (iii) information you provide to us, (iv) your violation of any law, and (v) your use of any Third-Party Service. Moat will give you prompt notice of any claim and reasonable cooperation in the defense; Moat may participate in the defense with counsel of its choice at its own expense.

15. Term and termination

These Terms remain in effect while you use the Services. We may suspend or terminate your access to the Services at any time, with or without cause and with or without notice. You may stop using the Services at any time. Termination of these Terms does not terminate any separate servicing agreement; termination of a servicing agreement is governed by its own terms. Sections 4 (no fiduciary / no legal advice), 8 (customer reps), 9 (confidentiality), 10 (third-party integrations), 11 (IP), 12 (disclaimers), 13 (liability), 14 (indemnification), 16 (governing law), 17 (dispute resolution), and any other section that by its nature should survive, will survive termination.

16. Governing law and venue

These Terms are governed by the laws of the State of Texas, without regard to its conflict-of-laws principles. The exclusive venue for any dispute arising out of or relating to these Terms or the Services is the state or federal courts located in Bexar County, Texas, and the parties consent to the personal jurisdiction of those courts.

17. Dispute resolution

Before filing any formal dispute, you agree to first contact us at customersupport@moatnoteservicing.com with a written description of the dispute and to give us 30 days to attempt resolution in good faith. If the dispute is not resolved within that period, the parties may pursue resolution in the courts identified in section 16. Nothing in this section limits either party’s right to seek injunctive relief in a court of competent jurisdiction.

18. Changes to the Services and these Terms

We may modify the Services and these Terms from time to time. When we make material changes to these Terms, we will update the effective date and, where reasonable, notify users by email or through the portals. Continued use after the effective date constitutes acceptance of the updated Terms. If you do not agree to a change, stop using the Services.

19. Force majeure

Neither party will be liable for any failure or delay in performance to the extent caused by an event beyond its reasonable control, including acts of God, natural disasters, war, terrorism, labor disputes, internet or utility outages, or government action, provided the affected party gives prompt notice and uses commercially reasonable efforts to mitigate.

20. Miscellaneous

  • Notices. Notices to Moat must be in writing to 1602 N PanAm Expy, San Antonio, TX 78208, or to customersupport@moatnoteservicing.com. Notices to you may be sent to the email or mailing address in your account or the most recent contact you provided.
  • Assignment. You may not assign or transfer these Terms without our prior written consent. We may assign these Terms in connection with a merger, sale, or reorganization.
  • Entire agreement. These Terms, together with the Privacy Policy and any separate servicing agreement, constitute the entire agreement between you and Moat with respect to the Services.
  • Severability. If any provision is held unenforceable, the remaining provisions remain in full effect.
  • No waiver. Our failure to enforce any provision is not a waiver of our right to enforce it later.
  • Headings. Headings are for convenience only and do not affect interpretation.
  • Independent contractors. The parties are independent contractors. Nothing in these Terms creates a partnership, joint venture, agency, or employment relationship.

21. How to contact us

Moat Note Servicing, LLC
1602 N PanAm Expy, San Antonio, TX 78208
Phone: (210) 504-8878
Email: customersupport@moatnoteservicing.com
NMLS ID: 1419346