LOSS MITIGATION CHECK LIST
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LOSS MITIGATION CHECK LIST
1. The Attorney Retainer Agreement _________
2. Power of Attorney ( 2 pages) _________
3. Personal Information Worksheet (1 page) _________
4. Mortgage Information Worksheet (2 pages) __________
5. Tax / Hazard Insurance Information (1 page) __________
6. Credit Authorization (1 page) __________
7. Hardship Questionnaire (1 page) __________
8. Hardship Letter (1 page) __________
9. Financial Statement (1 page) __________
10. Authorization to use income (1 page) __________
11. Audit Questionnaire (2 pages) __________
12. Dos & Don’t (1 page) __________
13. Receipt of Payment (1 page) __________
14. - Copy of most recent property tax bill __________
15. - Copy of most recent hazard insurance bill __________
16. - Copy of W2s for 2006 and 2007 __________
17. - Copy of most current paystubs __________
18. - Copy of tax returns for 2006 and 2007 __________
If self-employed include schedule “C”
19. - Copy of last 2 months bank statements __________
20. - Copy of mortgage coupon(s)
If 1st & 2nd include both coupons ___________
21. - Your loan documents ___________
Durable Power of Attorney
I. PRINCIPAL AND ATTORNEY-IN-FACT
I, ____________________, who resides at___________________________ appoint
the following persons to serve as my attorney-in-fact, to act for me in any lawful way
with respect to the subjects indicated below.
Name : Innovative Development Group, Inc.
and its Employees, Agents, et al and
Javier H. Castillo, Attorney at Law
Address: 1051 E. Alessandro Blvd, Suite 200, Riverside, Ca 92508
Phone 951-413-1544 Fax 951-329-3410
II. EFFECTIVE TIME
This Power of Attorney shall become effective immediately, and shall not be
affected by any subsequent disability or incapacity of the principal. This is a Durable
Power of Attorney.
III. POWERS OF ATTORNEY-IN-FACT
My attorney-in-fact shall have the power to act in my name, place and stead in any way
which I myself could do with respect to the following matters to the extent permitted by
law:
REAL ESTATE TRANSACTIONS:
Perform any and all other acts with respect to real property and interests in real
property that I own to process and secure a Loan Modification and/or Workout Plan, or
any other name identified by lender as any part of Loss Mitigation or process regarding
my current loan/s.
Give, request and receive my personal and financial information, negotiate with my
current lender, mortgage servicer, legal representative, or assignee, or future lender,
mortgage servicer, et al, in order to process and
secure a Loan Modification. This Durable Power of Attorney shall be terminated in
writing at the time of completion of such Loss Mitigation process.
Loan #1 Lender/Servicer and/or future assignee: ___________________________
Loan Number: ______________________
Loan #2 Lender/Servicer and/or future assignee:____________________________
Loan Number:______________________
Last Four Numbers of Social Security:___________
1. Compensation and Reimbursement. My attorney-in-fact shall be entitled
to reasonable compensation for services provided on my behalf pursuant to this Power of
Attorney. My attorney-in-fact shall be reimbursed for all reasonable expenses incurred
relating to his or her responsibilities under this Power of Attorney.
2. Liability of Attorney-in-Fact. All persons or entities who in good faith
endeavor to carry out the provisions of this Power of Attorney shall not be liable to me,
my estate, or my heirs, for any damages or claims arising because of their actions or
inactions based on this Power of Attorney. My estate shall indemnify and hold them
harmless. A successor attorney-in-fact shall not be liable for acts of a prior attorney-
infact.
IN WITNESS WHEREOF, the undersigned has executed this Power of Attorney on the
date set forth below.
Date: __________________
Signature_________________________ Signature_____________________
Print Name:______________________ Print Name:_____________________
ACKNOWLEDGMENT OF NOTARY PUBLIC
State of ________________________ County of _____________________
On this ____ day of ____________, 20____, before me,________________
Notary Public, personally appeared_________________________________
proved to me on the basis of satisfactory evidence to be the person/s whose name is/are
subscribed to the within instrument and acknowledged to me that he/she/they executed
the same in his/her/their authorized capacity and that by his/her/their signature on the
instrument the person/s executed the instrument.
I certify under PENALTY OF PERJURY under the laws of the State of California that
the foregoing paragraph is true and correct.
WITNESS my hand and official seal.
--------------------------------------------------
Notary Public
My Commission Expires: _____________
PERSONAL INFORMATION WORKSHEET
Borrowers Name: ________________________________________
Borrowers Social Security Number: _________________________
Home Phone: ______________________ Cell Phone:____________________
Work Phone: _____________________ Other Phone:_____________________
Date of birth: _________________
Marital Status Single____ Married____ Divorced____ How long ?________
Dependants Qty: _______ Ages: __________________________
E-mail address: _______________________________________________
Language Preference: English____ Spanish______ Other explain: __________
Co-Borrowers Name: ________________________________________
Co-Borrowers Social Security Number: _________________________
Home Phone: _______________________ Cell Phone: ___________________
Work Phone: _______________________ Other Phone: ___________________
Date of birth: _______________________
E-mail address: ______________________________________________
PROPERTY PHYSICAL INFORMATION WORKSHEET
Address: _______________________________________________________
City: _______________________________ St: ______ Zip: _____________
No. Bedroom(s): _______ No. Bathroom(s): _________
Sq. Ft. Living Space Est.: ____________ Yr. Built: ____ _____
MORTGAGE INFORMATION WORKSHEET
Client Name: _________________________________________________
Property Address: _____________________________________________
City: _____________________________ St.:_______ Zip: ____________
1st position loan
Lender: _________________________Type of loan: ______________________
Loan Status: Current______ Late(s)___ If late how many months _________
If adjustable, has the loan adjusted? Yes_______ No_________
If not when will it adjust? Date: _________________
2nd position loan
Lender: ________________________Type of loan: _____________________
Loan Status: Current_________ Late(s)______________
If late how many months _________
If adjustable, has the loan adjusted? Yes________ No_______
If not when will it adjust? Date: _________________
What monthly mortgage payment are you comfortable in paying?
Must be a reasonable amount! $________________________
We do not guarantee that we can have the lender reduce the payment to match your
request, but we strive to achieve this payment or better.
MORTGAGE / FINANCIAL INFORMATION
Have you previously discussed with your lender your financial situation?
Yes_______ No_________
Have you previously arranged for or have been qualified for:
Forbearance Yes_____ No_____ Loan Modification Yes____ No_______
If so, when was this arranged? Date: _________________
If you have, did you pay as promised? Yes_________ No_________
If so, please provide all documentation that was submitted to your lender.
If made other arrangements with your lender please provide a brief description.
_________________________________________________________________
_________________________________________________________________
________________________________________________________________________
__________________________________________________________
Are there other individuals who are assisting with your house payment?
Yes______ No_______
If yes, please list and provide relationship:
_________________________________________________________________
_________________________________________________________________
________________________________________________________________________
__________________________________________________________
Do you have other form(s) of income other than what you have listed on the
“Financial Worksheet” ? Yes____ No________
If yes, please list:
_______________________________________________________________
________________________________________________________________________
__________________________________________________________
TAX & HAZARD INFORMATION WORKSHEET
PROPERTY TAX INFORMATION
Impounded Yes______ No_________
If yes, what is the annual amount? __________________
Are the property taxes current? Yes______ No__________
If no, unpaid balance amount is: ____________________________
HAZARD INSURANCE INFORMATION
Impounded Yes_______ No_________
If yes, what is the annual amount? __________________
Are the hazard insurance payments current? Yes______ No________
If no, unpaid balance amount is: ____________________________
CREDIT AUTHORIZATION
TO WHOM IT MAY CONCERN:
Authorization is hereby granted to Innovative Development Group, Inc. to obtain any
and all information regarding my employment, bank accounts and financial obligations
including mortgage loans, auto, personal and home improvement loans, revolving charge
and credit union accounts. This authorization to obtain information is further extended to
include all other credit matters which may be in connection with our application for a real
estate loan. In order to obtain the aforementioned information this form and our
signatures may be reproduced or photocopied and that copy shall be as effective consent
as the original which we have signed. Our signatures below acknowledge our consent for
Innovative Development Group, Inc. to obtain a credit report and property appraisal
and our responsibility to pay for costs incurred in obtaining them.
Borrow Name ___________________________________________
Address ___________________________________________
City, State, Zip __________________________________
SSN __________________
Date of Birth_____________________________________________
Signature ___________________________________________
Co-Borrow Name___________________________________________
Address___________________________________________
City, State, Zip__________________________________
SSN__________________
Date of Birth_____________________________________________
Signature_____________________________
Date_________________ Date_________________
Hardship Letter Questionnaire
Mortgage Changes
Yes___ No____ From$ ________To$ _________Dates_______ Dates________
Mortgage increase From____________ To_____________
Escrow Account Increase ? Yes_____ No_____ From________ To________
Other:________________________________________________________
Employment Changes
Current occupation: Yes_____ No_____ Dates________ Dates__________
Employment hours reduced? Yes ______No______
Work Hrs From________ To__________
Unemployed? From__________ To__________
Returned to work when? From_____________ To_____________
Working part time? Work Hrs From___________ To____________
Working full time? Work Hrs From____________ To_____________
Employment hours reduced due to: Work Hrs From__________ To__________
Relocating Laid Off Close Out Work Hrs From__________ To___________
Sickness Accident Death/Family Work Hrs From__________ To_______
Estimate when going back to work______Work Hrs From________To_________
Other Work Hrs From_______ To___________
Work Hrs From_________ To________________
Inability to work due to Medical/Accident Yes____ No_______
Description Dates_______________
Borrower Illness: Yes________ No________
CoBorrower Illness:Yes _______No_________
Close family member illness :Yes______ No________
Estimated total expenses paid$______________________
Other: Physical therapy$________________________
Continous health expenses not covered$______________________
Other________________________________________________________
Death in the Family Yes_______ No___________
Description Dates______________________________________________
Borrower: __________CoBorrower:_____________
Close family member:___________Estimated total expenses paid:_________
Other__________________
Unexpected Expenses/Estimate Amount Yes______ No________
Description________ Dates_______________
Vehicle Repairs/Purchases $______________
Home expensive repairs $________________
Victim of fraud, burglary, robbery $______________
Insurance claims, losses $________________________
Travel for family emergencies $________________________
Other________________________________________
HARDSHIP LETTER
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
________________________________________________________________________
Audit Questionnaire
Borrowers Name ___________________________
Disclosures
When you applied for the loan did you sign the credit application:
YES______________ NO_________________________ N/A____________
Within three days that you signed the application did you receive disclosures or
any other documentation? : YES_________ NO________ N/A________
Did your loan officer or anyone else explain to you the terms of your loan prior to
you signing the documentation? : YES_________ NO_______ N/A________
Did you signed in front of a Notary Public? : YES_______ NO_____ N/A_______
When you signed the loan documentation did you receive a thorough explanation? :
YES_______ NO_______ N/A_________
Did the person that executed the loan negotiate the terms in English? :
YES______ NO__________ N/A_________
Did you understand the terms of your loan? : YES_______ NO_______ N/A________
Cancellation
If this was a refinance only, did anyone explain to you that you could:
1. cancel within three days YES_____ NO________ N/A_________
2. how to cancel this loan or what form to use YES______ NO_______ N/A_______
3. where and when to send it YES_______ NO_______ N/A_______
If this is a refinance, did anyone tell you that it was too late to cancel? :
YES_____ NO_____ N/A______
Terms
Did anyone tell you how much your payment was going to be? :
YES______ NO_______ N/A________
If interest only payment, did anyone tell you that you were paying
interest only? : YES________ NO_______ N/A_________
Did you know that you did not have an escrow account for taxes
& insurance? : YES__________ NO____________ N/A________
Does your loan have a prepayment penalty, did anyone tell you that
you had a prepayment penalty? : YES_______ NO_______ N/A_________
If two, three or five years ARM, did anyone tell you that your payment
was going up in two, three or five years? : YES______ NO_____ N/A_________
Did you believe that you had a 30 year fixed loan? : YES____ NO____ N/A_____
Did anyone tell you that in two, three, or five years you would have more equity and you
could refinance again? : YES______ NO_______ N/A________
Were you promised a low payment and found that later that your payment was higher? :
YES_______ NO_________ N/A__________
Pick-a-pay, did you know that the payment did not cover your minimum payment? :
YES_________ NO __________N/A___________
Did you know that your principal balance was going to increase every month?
YES_______ NO_____________ N/A____________
DO’S & DON’TS
DO NOT CONTACT YOUR LENDER
DO NOT ANSWER ANY INCOMING PHONE CALLS FROM YOUR LENDER
DO NOT ANSWER ANY WRITTEN LETTERS FROM YOUR LENDER
DO NOT HAVE ANY TELEPHONE COMMUNICATION WITH YOUR
LENDER. ALL TELEPHONE COMMUNICATION WITH YOUR LENDER
MUST BE A CONFERENCE CALL FROM US, WITH YOU,AND THE
LENDERS REPRESENTATIVE AND OUR REPRESENTATIVE ALL ON THE
PHONE AT THE SAME TIME.DO SEND US ALL CORRESPONDENCE FROM
YOUR LENDER WE CANNOT PROMISE THE OUTCOME, OR THE RESULT
WE CANNOT STATE HOW LONG THE PROCESS WILL TAKE, SOME AS
QUICK AS 2 WEEKS OTHERS UP TO 4 MONTHS, DEPENDS ON THE
LENDER AND YOU. WE CAN ONLY STATE THAT WE WILL DO
EVERYTHING WITHIN OUR POWER TO SOLVE YOUR ISSUES AND TO PUT YOU IN A
BETTER FINANCIAL POSITION.
FOR LOAN MODIFICATIONS;
WE DO NOT PROMISE A SPECIFIC INTEREST RATE,WE DO NOT PROMISE A SPECIFIC
TERM,WE DO NOT PROMISE A PRINCIPAL DECREASE.
IF YOU CURRENTLY CAN AFFORD TO MAKE YOUR HOUSE PAYMENTS, THEN PLEASE
CONTINUE. WE WILL NOT INSTRUCT, SUGGEST OR ENCOURAGE ANY HOMEOWNER TO
NOT MAKE YOUR HOUSE PAYMENTS OR TO MAKE YOUR PAYMENTS LATE. WE DO
PROMISE TO MAKE THE BEST EFFORT TO SAVE YOUR HOME. YOU ARE WELCOME TO
CALL OR E-MAIL REQUESTS AS TO THE STATUS OF YOUR FILE.
I have read, understand and agree to the above docume nt
__________________________________________ ________________________________________
Borrower Borrower
_________________________________________ ________________________________________
Printed Printed
Date _______________________________
ATTORNEY-CLIENT LIMITED SCOPE FEE AGREEMENT
The Law Offices of Javier H. Castillo (“Attorney”) and __________________________
_______________________________________(“client” or “Clients”) hereby agree that Attorney will
provide legal services to client on the terms set forth below.
1. SCOPE OF SERVICES. Client hires Attorney for the limited purpose of attempting to obtain
a loss mitigation solution for the following property:
___________________________________________________________________
Attorney will attempt to obtain a loss mitigation solution that it appropriate to client’s situation
including loan modification, loan restructuring, short-sale authorization, or deed- in lieu of foreclosure
authorization. Attorney or his staff will also discus with Client alternative options to loss mitigation.
Services in any matter not described above will require a separate written agreement.
Attorney may, in his discretion, associate other lawyers within or outside his firm to assist in this matter,
and may also contract whit third parties to provide assistance in aid of the above services.
2. CLIENT’S DUTIES. Clients agrees to: a) be truthful with Attorney, to cooperate, to keep
Attorney immediately informed of any information or developments which may come to Client’s
attention, and to keep Attorney advised of Client’s address, telephone number and whereabouts: b)
remain accessible to Attorney within 24 hours notice so that Attorney can provide good faith, timely,
responsive service to both Client and Client’s lender/investor; c) provide Attorney with all documents
and information requested in a timely manner; and d) while Attorney is representing Client, Attorney
prefers that Client refer all lender calls to Attorney.
In the event Client has or receives a NOTICE OF TRUSTEE SALE, or any other lender or
related correspondence, Client agrees to immediately forward notice to Attorney
3. FEES. Client agrees to pay a retainer fee of $________________________
A. Refund: The client is guaranteed that within 180 days after the client pays the entire retainer fee that
if no loss mitigation solution is offered to the client then the client is due a 100% refund.
B. Cancellations: This fee includes a non –refundable portion of $1,000.00, earned upon receipt of fee.
In addition a calculation of hours worked will be performed at the rate of $250.00 per hour and deducted
from any remaining funds, the client will then receive the balance. The entire fee is due and payable
prior to any service being performed.
4. DISCLAIMER OF GUARANTEE AND ESTIMATES. Nothing in this Agreement and
nothing in Attorney’s statements to Client will be construed as a promise or guarantee about the
outcome of matter. Attorney makes no such promises or guarantees. Attorney’s comments about the
outcome of the matter are expressions of opinion only.
5. NO CREDIT OR TAX ADVICE. Client understands and acknowledges that no guarantees or
promises are made as to Client’s credit rating as a result of actions taken under this Agreement or
otherwise. Client further understands and acknowledges that Attorney is not providing tax advice, and
therefore makes no guarantees or promises regarding any tax consequences of actions taken under this
Agreement or otherwise. Client is advised to consult a tax professional if s/he has any questions
regarding taxes.
6. ENTIRE AGREEMENT. This Agreement contains the entire agreement of the parties. No
other agreement, statement, or promise made on or before the effective date of this Agreement will be
binding on the parties.
7. SEVERABILITY. If any provision in this Agreement is held by a court of competent
jurisdiction or other tribunal to be invalid, void, or unenforceable, the remaining provisions will
nevertheless continue in full force without being impaired or invalidated in any way.
8. JURISDICTION AND VENUE. This agreement will be governed by and construed in
accordance with the laws of the State of California. Venue and jurisdiction shall exist exclusively in the
State of California and Federal Courts serving Riverside County.
Dated:______________ ______________________________________
(Signature of Client)
______________________________________
(Print Name)
Dated:______________ ______________________________________
(Signature of Client)
______________________________________
Javier H. Castillo, Esq.
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