Appendix a Sample Foreclosure Prevention Counseling Forms Form Foreclosure by wop26595

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VA, HUD, RHS Mortgages
    Laws and Other Materials Relating to Mortgages Insured by the Department of
         Housing and Urban Development (HUD)
         Selected Statutory Provisions, 12 U.S.C. §§ 1715u, 1735f-14 (Appendix B.2.1)
         Regulations, 24 C.F.R. §§ 203.500 to 203.616
         Servicing Requirements: FHA Single Family Mortgage Loan Sale
         Mortgagee Letters (Correspondence from HUD to Approved Lenders Regarding
                 Policies and Procedure for Mortgage Programs) (Appendix B.2.3)
                 Full Text of 32 Letters, 1996–2006
         Chapter 7 of HUD Handbook 433.01, Rev-5: Administration of Insured Home
                 Mortgages
    Laws and Other Materials Relating to Mortgages Guaranteed by the Department of
         Veterans Affairs



                                                                               xxxiii
        Foreclosures
                 Selected Statutory Provisions, 38 U.S.C. §§ 3710, 3732 (Appendix B.3.1)
                 Regulations, 38 C.F.R. §§ 36.4300 to 36.4336, 36.4346
                 Proposed Rule, Loan Servicing and Claims Procedures Modifications, 70 Fed.
                         Reg. 8471 (February 18, 2005)
                 VA Handbook H26-94-1
                 Servicer Loss Mitigation Program Handbook
                 VA Loan Guaranty Policy Regarding Natural Disasters (Appendix B.3.3)
            Laws and Other Materials Relating to Mortgages Held or Guaranteed by the Rural
                 Housing Service (RHS) (formerly the Farmers Home Administration)
                 Statutory Provisions, 42 U.S.C. §§ 1471, 1472
                 Direct Single Family Housing Loans and Grants Regulations, 7 C.F.R.
                         §§ 3550.4 to 3550.211
                 Rural Housing Loans Regulations, 7 C.F.R. §§ 1980.371 to 1980.399
                 HB-1-3550 DLOS Field Office Handbook (Chapters 1 and 13)
                 HB-2-3550 DLOS Centralized Service Center (Chapters 4 and 5)
                 Loss Mitigation Guidelines for Section 502 Guaranteed Loans
                         RD AN No. 4025 (1980-D) (Nov. 30, 2004)
                         RD AN No. 4061 (1980-D) (Mar. 17, 2005) (acceptable liquidation
                                 fees and costs)
                         RD AN No. 4060 (1980-D) (Mar. 14, 2005) (acceptable foreclosure
                                 time frames)
                         RD AN No. 4165 (1980-D) (Apr. 5, 2006) (loss mitigation program)
                         RD AN No. 4169 (1980-D) (Mar. 29, 2006) (acceptable liquidation
                                 fees & costs)
                         RD AN No. 4068 (1980-D) (Mar. 29, 2006) (acceptable foreclosure
                                 timeframes)

        Mortgage Servicing
            Pleadings—Servicer Abuses
            Summary of State Mortgage Servicing Laws (Appendix E.1)
            Summary of State Payoff Statement Requirements (Appendix E.2)
            Summary of State Mortgage Discharge Laws (Appendix E.3)
            Glossary of Mortgage Servicing Terms (Appendix F)
            Transaction Codes Used in the Accounting Systems of Many Mortgage Servicers
            Home Ownership: Mortgage Servicing Transfers Are Increasing and Causing
                  Borrower Concern (General Accounting Office Report, Nov. 1989)
            Real Estate Settlement Procedures Act (RESPA) Statutory Provisions (Appendix D.2,
                  selected)
            RESPA Regulations, Regulation X, 24 C.F.R. §§ 3500.2 to 3500.21 (Appendix D.3,
                  selected provisions)
            RESPA Arithmetic Steps to Aggregate Analysis, Regulation X, 24 C.F.R. Part 3500,
                  Appendix E (Appendix D.3)

        State Statutes
            Summary    of   State   Foreclosure Laws (Appendix C)
            Summary    of   State   Mortgage Servicing Laws (Appendix E.1)
            Summary    of   State   Payoff Statement Requirements (Appendix E.2)
            Summary    of   State   Mortgage Discharge Laws (Appendix E.3)
            Summary    of   State   Real Estate Tax Abatement Laws (Appendix H)
            Summary    of   State   Condominium Laws (Appendix I)

        Credit Math Software
            Consumer Law Math


xxxiv
CD-Rom Contents
   NCLC APR Program (2005 Version)

Foreclosure Pleadings and Forms
   Sample Foreclosure Prevention Counseling Forms
         Sample Foreclosure Prevention Intake Form (Appendix A.1)
         Default and Delinquency Counseling Checklist (Appendix A.2)
         Sample Authorization to Release Information (Appendix A.3)
         Information Request for Loan Servicer (Appendix A.4)
         Homeowner’s Checklist for Avoiding Foreclosure (Appendix A.6)
   Challenging Mortgage Servicing Abuses
         Sample Qualified Written Request Under RESPA Sent by Consumer (Appendix
                  A.5.1)
         Sample Qualified Written Request Under RESPA Sent by Attorney (Appendix
                  G.1)
         Sample Qualified Written Request Under RESPA After Bankruptcy Filing
                  (Appendix G.2)
         Sample Complaint Against Mortgage Servicer Based on Violations of RESPA
                  and FDCPA (Appendix J.6.1)
         Sample Complaint Against Mortgage Servicer for an Accounting and for
                  Violation of RESPA and FDCPA (Appendix J.6.2.1)
         Plaintiff’s Proposed Findings of Fact and Conclusions of Law Against
                  Mortgage Servicer for an Accounting and for Violation of RESPA and
                  FDCPA (Appendix J.6.2.2)
         Complaint Detailing How Mortgage Servicer Misstated the Payment Amount
                  Due
         Proposed Finding of Fact and Conclusions of Law Where Servicer Misstated
                  Payment Amount Due
         Settlement Agreement with Mortgage Servicing Company to Resolve Billing
                  Errors
         Plaintiff’s Memorandum for Partial Summary Judgment for Failure to Respond
                  to QWR
         Amended Class Action Complaint
         Plaintiff’s First Set of Interrogatories
         Plaintiff’s Class-Related Interrogatories
         Plaintiff’s First Document Request Directed to First Defendant
         Plaintiff’s First Document Request Directed to Second Defendant
         Plaintiff’s Brief in Opposition to First Defendant’s Motion to Dismiss
         Plaintiff’s Brief in Opposition to Second Defendant’s Motion to Dismiss
         Joint Motion for Preliminary Approval of Settlement and Approval of the
                  Manner and Form of Notice
         Settlement Agreement and Release
         Notice of Proposed Class Action Settlement
         Order Preliminarily Approving Settlement and Approving Form of Notice
         Complaint
         Motion for Temporary Injunction
         Complaint—Failure to Respond to Billing Error Claims
   Truth in Lending Rescission
         Memorandum in Support of Motion to Redeem (Appendix J.4)
         Notice of Rescission (Truth in Lending, Appendix D)
         Sample Complaint for TIL Rescission (Truth in Lending, Appendix E.3)
         Sample Complaint for HOEPA Rescission and Damages (Truth in Lending,
                  Appendix E.4)
         Multi-Plaintiff Complaint for TIL and HOEPA Rescission and Damages
         Class Action Complaint Regarding Truth in Lending Right of Rescission


                                                                               xxxv
        Foreclosures
                  Motion for Class Certification
                  Memorandum Supporting Motion for Class Certification
                  Reply to Brief Opposing Plaintiff’s Motion for Class Certification
                  Order Certifying Class
                  Reply to Motion for Order to Redefine Plaintiff Class
                  Notice of Rescission
                  Complaint for Rescission
                  TIL Rescission in Bankruptcy Court
                  Plaintiff’s Motion for Partial Summary Judgment
                  Memorandum in Support of Plaintiff’s Motion for Partial Summary Judgment
                  Affidavit in Support of Summary Judgment
                  Complaint Objecting to Secured Claim and Seeking to Enforce Truth in
                           Lending Rescission
                  Alternate Complaint Objecting to Secured Claim on the Basis of Truth in
                           Lending
            High Rate Home Equity Loans—HOEPA Litigation
                  NCLC’s HOEPA Fees and Points Worksheet
                  Multi-Plaintiff Complaint for TIL and HOEPA Rescission and Damages
                  Second Amended Class Action Complaint Alleging Practice of Extending
                           Credit Without Regard to Consumers’ Ability to Pay
                  Memorandum in Support of Motion for Class
                  Brief in Opposition to Defendant’s Motion to Dismiss
                  Complaint Alleging Loan Flipping
                  First Set of Interrogatories
                  First Request for Production of Documents
                  Second Amended Complaint Alleging Violation of HOEPA
                  Plaintiff’s First Request for Production of Documents
                  Subpoena Duces Tecum with Schedule
                  Plaintiff’s Memorandum in Opposition to Motion to Dismiss
                  Report of Expert Witness
                  Plaintiff’s Memorandum in Support of Motion for Class Certification
                  Class Action Complaint Challenging False Threat of Foreclosure
                  Request for Admission
                  First Request for Production of Documents
                  Plaintiffs’ Motion for Partial Summary Judgment
                  Plaintiffs’ Reply Memorandum
            Abusive Lending Practices
                  Complaint Alleging Scheme to Defraud Elderly Homeowner
                  Amended Complaint Alleging Scam against Elderly Homeowner
                  Application for Temporary Restraining Order and Memorandum
                  Interrogatories Propounded on Mortgagee
                  Complaint Seeking Rescission of Deed in Sale/Leaseback Scam
                  Complaint Alleging Loan Flipping
                  Combined Answer, Counterclaim, and Third-Party Complaint
                  Motion to Compel Discovery and Extend Time to Complete Discovery;
                           Memorandum
                  Order Granting Relief
                  Motion for Sanctions
                  Supplemental Support Memorandum
                  Opposition to Motions for Summary Judgment
                  Homeowner’s Affidavit
                  Second Answer, Counterclaim, and Third-Party Complaint
                  Objection to Settlement of Predatory Mortgage Lending Class Action
                  Complaint—Overreaching Loan Scheme
                  Document Request—Overreaching Loan Scheme


xxxvi
CD-Rom Contents
         Memorandum in Opposition to Motion to Dismiss—Overreaching Loan
                  Scheme
   RESPA Litigation: Yield Spread Premiums
         Amended Complaint Alleging Violations of RESPA
         Interrogatories to Lender
         Request for Production of Documents
         Motion for Summary Judgment and Brief
         Plaintiff’s Reply Brief
         Plaintiff’s Response to Defendant’s Motion for Summary Judgment
   Challenging Land Installment Sales Contracts
         Complaint Involving Installment Land Sales Contract with First-Time
                  Homeowner
         Answer, Affirmative Defenses, and Counterclaims to an Eviction Action by
                  Home Buyer in Connection with a Bond-For-Deed Contract
         Complaint to Determine Nondischargeability of Debt Filed by an Installment
                  Land Contract Buyer in the Seller’s Bankruptcy
         Memorandum of Law to Set Aside Foreclosure on an Oral Land Installment
                  Contract As Occurring Without Notice to the Buyer or an Opportunity
                  to Defend
         Complaint
         First Request for Production of Documents to Seller
         Memorandum in Support of Motion for Class Certification
         Plaintiff’s Motion for Summary Judgment
         Memorandum in Support of Plaintiff’s Motion for Summary Judgment
         Reply to Defendant’s Motion for Summary Judgment
   Foreclosure Defense
         Answer with TILA and RESPA Affirmative Defenses (Appendix J.2.1)
         Answer with Defense Based on Lender’s Failure to Comply with Servicing
                  Guidelines (Appendix J.2.2)
         Discovery Requests and Request to Admit in Case with TILA and RESPA
                  Defenses (Appendix J.2.3)
         Complaint to Enjoin Foreclosure and Bring Affirmative Causes of Action
                  (Appendix J.3.1)
         Memorandum in Support of Preliminary Injunction Stopping Foreclosure
                  (Appendix J.3.2)
         Memorandum in Support of Application for Preliminary Injunction (Appendix
                  J.3.3)
         Interrogatories and Requests for Production of Documents from Broker
                  (Appendix J.3.4)
         Interrogatories and Request for Production of Documents from Lender
                  (Appendix J.3.5)
         Complaint for Fraud Against Home Improvement Contractor (Appendix J.5.1)
         Sample Complaint and Quiet Title Action Against Home Improvement
                  Contractor That Forged a Mortgage (Appendix J.5.2)
         Action Challenging MERS as Plaintiff (Appendix J.7)
         Sample Complaint for Wrongful Foreclosure (Appendix J.9)
         Answer, Counterclaim, and Third Party Complaint
         Answer, Counterclaim, and Third Party Complaint
         Counterclaimant’s Response to Counterdefendant’s Motion to Dismiss
         Defendant’s § 2-619 Motion to Dismiss
         Defendant’s/Counterclaimants’ Motion for Entry of Document Preservation
                  Order
         Proposed Order
   Foreclosure of Federally Financed Housing



                                                                                xxxvii
          Foreclosures
                    Complaint in Bankruptcy Objecting to Secured Claims for Failure to Comply
                             with TILA and HUD Mortgage Servicing Requirements
                    Veteran’s Letter to VA Concerning Mortgage Foreclosure
                    FHA Home Foreclosures
              Challenging the Standing of MERS to Foreclose in Its Own Name
                    Amicus
                    Amicus (Expanded)
                    Motions to Dismiss
                    Memoranda in Support of Motion to Dismiss
                    Order of Dismissal
              Challenging Foreclosure Attorney Fees and Costs
                    Plaintiffs’ Memorandum in Support of Partial Summary Judgment
                    Defendant’s Opposition to Plaintiffs’ Motion for Partial Summary Judgment
                    Plaintiffs’ Reply
                    Order
              Foreclosure Rescue Scams
                    Sample Complaint Involving Fraudulent Transfer of Title (Appendix J.8.1)
                    Sale-Leaseback Transaction
                             Sample Complaint (Appendix J.8.2.1)
                             Response to Motion to Dismiss (Appendix J.8.2.2)
                             Request for Discovery (Appendix J.8.2.3)
                             Motion for Consolidation (Appendix J.8.2.4)
                             Response to Motion for Use and Occupancy (Appendix J.8.2.5)
                    Homeowners’ Response to Motion for Use and Occupancy Pending Trial
                    Homeowners’ Amended Complaint to Quiet Title and for Other Relief
                    Homeowner’s Response to Defendants’ Motion to Strike or Dismiss
                    Homeowner’s First Set of Interrogatories and Requests for Production of
                             Documents
                    Federal Court Complaint
                    Interrogatories to Rescue Scammer’s Lender
                    Document Requests to Rescue Scammer’s Lender
                    Complaint
                    Interrogatories and Document Requests
                    Memorandum Opposing Motion to Dismiss
                    Application for a TRO and Preliminary Injunction
                    Memorandum of Law in Support of TRO Application
                    Homeowner’s Affidavit Supporting the Complaint
                    Second Homeowner’s Affidavit Supporting the Complaint
                    Third Homeowner’s Affidavit Supporting the Complaint
                    Amended Complaint
                    Memorandum of Law in Support of Preliminary Injunction
                    Permanent Injunction and Final Judgment
                    Opposition to Scammer’s Motion to Dismiss, Colorado v. Searle
                    Consumer’s Amended Answer, Counterclaim, and Third Party Complaint,
                             Home Sellers v. Moore (NV)
                    Amended Complaint to Set Aside a Deed, Other Relief, Smith v. Byrd (DC)
                    Sample Settlement Agreement, Edgecomb v. Allen (FL)
                    U.S. Home and Realty Corp. v. Lehnartz and Cummings, Opinion & Order
              Cancellation of Indebtedness
                    Letter Explaining That No IRS Form 1099 Should Issue on a Contested
                             Liability
              Bankruptcy Pleadings for Foreclosure Cases
                    Debtor’s Chapter 13 Plan
                    Chapter 13 Plan Providing for Liquidation of Debtor’s Interest in Residence
                    Letter to Creditors Giving Notice of Stay


xxxviii
CD-Rom Contents
         Complaint Seeking Damages for Violation of Automatic Stay and Unfair Trade
                  Practices
         Answer to Application for Abandonment of Real Estate
         Motion to Reimpose Stay After Relief from Stay Has Been Granted
         Proof of Secured Claim by Debtor
         Motion to Sell Property Free and Clear of Liens
         Debtor’s Motion to Redeem Property Pursuant to 11 U.S.C. § 722
         Objection to Proof of Claim
         Complaint Objecting to Secured Claims for Failure to Comply with TILA and
                  HUD Mortgage Servicing Requirements
         Complaint Objecting to Secured Claim and Seeking to Enforce Truth in
                  Lending Rescission
         Alternate Complaint Objecting to Secured Claim on the Basis of Truth in
                  Lending Rescission
         Judgment Order Disallowing Secured Claim
         Complaint Objecting to Secured Claim on the Basis of Usury and Warranty
                  Defenses
         Complaint or Motion to Determine Value of Security and Creditor’s Allowed
                  Secured Claim
         Qualified Written Request Under RESPA to Obtain Mortgage Loan Information
         Motion to Avoid Judicial Lien on Residential Real Estate
         Order Avoiding Lien on Residential Real Estate
         Complaint to Set Aside Foreclosure Sale for Less Than Reasonably Equivalent
                  Value and to Remedy Mortgagee’s Contempt
         Complaint Challenging Misapplication of Mortgage Payments in Chapter 13
                  Case
         TIL Rescission in Bankruptcy Court
         Amended Complaint to Determine the Validity and/or Extent of a Secured
                  Claim
         Plaintiff’s Memorandum in Opposition to Motion to Dismiss
         Plaintiff’s Supplemental Memorandum in Opposition to Motion to Dismiss
         Plaintiff’s Request for Production of Documents from Owner
         Plaintiff’s Request for Production of Documents from Broker
         Plaintiff’s Request for Production of Documents from Lender
         Plaintiff’s Interrogatories to Defendant Owner
         Plaintiff’s Interrogatories to Defendant Broker
         Plaintiff’s Interrogatories to Defendant Lender
         Plaintiff’s Memorandum in Support of Motion to Compel Production of
                  Documents
         Plaintiff’s Memorandum in Opposition to Motion to Defendant’s Motion for
                  Summary Judgment
         Plaintiff’s Pre-Trial Memorandum
         Joint Pre-Trial Memorandum
         Affidavit of Expert
         Plaintiff’s Opposition to Motion in Limine
         Plaintiff’s Proposed Findings of Fact
         Plaintiff’s Post-Trial Memorandum
         Amended Order
         Complaint Against Mortgage Servicer for Disregarding Chapter 13 Plan
                  Provisions
         Challenging Mortgage in Chapter 13 Bankruptcy
   Fair Debt Collection Litigation
         FDCPA Complaint Applying to Foreclosure of a Deed of Trust
         Brief Applying FDCPA to Foreclosure of a Deed of Trust
         Reply Brief Applying FDCPA to Foreclosure of a Deed of Trust


                                                                               xxxix
     Foreclosures

     Word Pleadings and Forms on CD-Rom
         Sample Foreclosure Prevention Counseling Forms
         Challenging Mortgage Servicing Abuses
         Truth in Lending Rescission
         High Rate Home Equity Loans—HOEPA Litigation
         Abusive Lending Practices
         RESPA Litigation: Yield Spread Premiums
         Challenging Land Installment Sales Contracts
         Foreclosure Defense
         Foreclosure of Federally Financed Housing
         Challenging the Standing of MERS to Foreclose in Its Own Name
         Challenging Foreclosure Attorney Fees and Costs
         Foreclosure Rescue Scams
         Cancellation of Indebtedness
         Bankruptcy Pleadings for Foreclosure Cases
         Fair Debt Collection Litigation

     Reports, Links
         NCLC Foreclosure Rescue Scam Report
         HUD, The Sustainability of Homeownership: Factors Affecting the Duration of
             Homeownership and Rental Spells
         Web Links (Appendix L)

     Foreclosures Appendices on CD-Rom
         Table of Contents
         Appendix A, Sample Foreclosure Prevention Counseling Forms and Qualified Written
               Requests Under RESPA
         Appendix B, Selected Statutes and Regulations Pertaining to Mortgages Held or
               Insured by the Federal Government
         Appendix C, Summary of State Foreclosure Laws
         Appendix D, Selected Federal Statutes and Regulations Affecting Mortgage Servicing
         Appendix E, Summary of State Mortgage Servicing Laws
         Appendix F, Glossary of Mortgage Servicing Terms
         Appendix G, Servicing Forms and Practice Aids
         Appendix H, Summary of State Real Estate Tax Abatement Laws
         Appendix I, Summary of State Condominium Laws
         Appendix J, Sample Foreclosure Pleadings and Other Litigation Documents
         Appendix K, Foreclosure Pleadings Found on the CD-Rom
         Appendix L, Web Links
         Index
         Quick Reference to the Consumer Credit and Sales Legal Practice Series
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