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Mortgage Litigation Application

By filling out the application below we cannot guarantee that the law firm will accept you as a client until you speak to an attorney

 

Borrower

First Name
Middle Initial
Last Name
Adress
City
State
Zip
Home Phone
Cell Phone
Email

Coborrower

First Name
Middle Initial
Last Name
Adress
City
State
Zip
Home Phone
Cell Phone
Email

Person of Interest

Is borower married?
Who is your spouse?
Was borrower married when he purchased the property
Whos physically resides in the property?
What names are listed on the Deed of Trust?
What names are listed on the Title?

Subject Property

What is the status pyament on the mortgage?
What is the foreclosure status?
Date as pertains to foreclosure status?

Banking Information

Who was the Broker/Agent/Office with whom he worked?
Who is the lender listed on the Deed of Trust?
Is MERS listed as a beneficiary on the Deed of Trust?

Servicer

Who is your monthly statements payable to?
Past servicer? Has anyone else tried to collect payment from client?

Mers

Who is the servicer listed?
Who is the investor listed?
Is account active or inactive?

Client History

Are you now in or have you filed Bankruptcy since you took out this loan with this lender?
When did you file?
Chapter 7 or 13?
Has Chapter 13 plan been confirmed?
Is the case still pending?
Was the case dismissed or discharged?

Loan Modification

Have you applied for a loan modification?
When did you apply?
How many times have you applied for loan modification?
What is the status of your application?
What kind of loan modification terms were offered?
Did you accept the loan modification proposal?
How did you accept?
Why did you decline the loan modification terms?
What were the reasons stated for denial of your application for loan modification?
Has the loan modification process been stressful for you?
Has the loan modification process been stressful for others living in your residence?

Causes of Action

Is your loan a negative amortization loan? (Do your minimum payments pay all interest due on the loan or is unpaid interest added to the principal balance of the loan?)
Is your loan an adjustable rate mortgage?
What is your mortgage rate?

Negligence/Origination

Did you work directly with the bank or with a broker?
Was the broker honest about the terms of the loan?
What were the terms of the loan?
Were you told you were being placed in a favorable loan?
Did you have good credit and steady income?
Were the terms of your loan changed at signing?
Did you feel as if you had to go through with the new terms after they were changed?

Negligence/Servicing

Has it always been clear to you the party with whom you can communicate in regard to your mortgage payments? (Please be specific about which banks you have worked with and the problems particular to working with each.)
Has it been easy to communicate with your bank?
Any other problems with the servicing of your loan?

Intentional/Negligent Infliction of Emotional Distress

How have you been treated by bank phone operators and other employees of the bank when you call?
Have your calls gone unanswered?
Have your messages been returned?
Did the bank tell you to stop payments for a loan mod?
Did the bank string you along for months or years only to deny you a loan modification?
Did the bank string you along for months or years only to give you a loan modification that was of no assistance to you?
Did the bank make you send in the same documentation several times?
Have you had questions about the amount of the monthly payment demanded?
Have you requested an accounting or explanation of the payment amount?
Have you been foreclosed?
Are you now facing foreclosure?
Has the foreclosure been stressful for you?
Has the foreclosure been stressful for others living in your residence?

Rescission - Mistake - Void Agreement

When you negotiated your mortgage agreement, did you know your loan could be packed up into mortgage backed securities and sold to multiple investors?
Did you know that you would no longer have a 'lender' with whom you could communicate?
Did you know that you would be working with a loan servicer and not a lender?
Did you know that loan servicers have different incentives in the handling of your loan than do lenders?

General Wellbeing - Loan Modification and Foreclosure Affects

How have you suffered with regard to the process of Loan Modification and/or Foreclosure?
How is your financial wellbeing as pertains to Loan Modification and/or Foreclosure?
How is your emotional wellbeing?
How is your overall mental wellbeing in regard to the loan modification and/or foreclosure?

Final Comments

Is there anything else you have not discussed that you think is relevant to your case?


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