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Answer and Counterclaims as to Reverse Mortgage (Reverse Mortgage Funding v. Miles)

This is a 2019 defense to a foreclosure action on a reverse mortgage and counterclaims by a class of consumers against the reverse mortgage lender, filed by Mehri & Skalet and Legal Counsel for the Elderly in Superior Court for the District of Columbia.  The reverse mortgage lender ignored the provision set out in the deed of trust and federal law that non-borrowing spouses are entitled to a deferral of due and payable status when the borrower spouse dies, as long as they continue living in their homes.  Claims involve breach of contract, bad faith, unclean hands,

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Reply Supporting Motion to Dismiss Cross-Claim (Reverse Mortgage Solutions v. HUD)

This is a case involving a pre-2014 reverse mortgage.  This is a reply pleading by HUD in support of its motion to dismiss the homeowner’s cross-claim against HUD in the Wilson case.  HUD’s initial brief and the homeowner’s reply brief are also included as a companion material to this treatise. The spouse of a now-deceased borrower on a HUD insured reverse mortgage challenged HUD’s pre-2014 reverse-mortgage insurance program requirements as either unlawful or arbitrary.

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HUD Memo Supporting Motion to Dismiss Homeowners' Cross-Claim (Reverse Mortgage Solutions v. HUD)

This is a case involving a pre-2014 reverse mortgage.  This is a reply pleading by the HUD in support of its motion to dismiss the homeowner’s cross-claim against HUD in the Wilson case.  HUD’s initial brief and the homeowner’s reply brief are also included as a companion material to this treatise. The spouse of a now-deceased borrower on a HUD insured reverse mortgage challenged HUD’s pre-2014 reverse-mortgage insurance program requirements as either unlawful or arbitrary.

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Homeowners' Response to HUD's Motion to Dismiss Crossclaim (Reverse Mortgage Solutions v. HUD)

This is a case involving a pre-2014 reverse mortgage.  This is the consumer’s pleading in Wilson in response to HUD’s motion the homeowner’s crossclaim against HUD. HUD’s brief and reply brief are also included as a companion material to this treatise. The spouse of a now-deceased borrower on a HUD insured reverse mortgage challenged HUD’s pre-2014 reverse-mortgage insurance program requirements as either unlawful or arbitrary and that the crossclaim is moot.

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Complaint, Spaulding v. HUD (N.D. Ga. Sept. 14, 2018)

This is a 2018 complaint brought by Atlanta Legal Aid against HUD in federal court in the Northern District of Georgia involving an APA challenge involving a pre-2014 HECM reverse mortgage.  The claim is that HECM regulations do not sufficiently protect surviving spouses who are not listed on a reverse mortgage, so as to allow the surviving spouse to stay in the home.

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Sample Allegations re Spouse's Title or Right to Remain

These two sample allegations could be added to a complaint challenging HUD’s pre 2014 MOE (mortgage option election) requirement that the spouse obtain good, marketable title or legal right to remain in the property within 90 days of the borrower’s death.

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Complaint, Morford v. Compu-Link Corp. (Cal. Super. Ct. Jan. 7, 2019)

This is a 2019 complaint filed by Legal Services of Northern California in California Superior Court involving a reverse mortgage.  Soon after the plaintiff’s husband’s death, the plaintiff applied to the creditor to stay in her home through the MOE (mortgage option election) program. However, defendants erroneously denied her application and instead started the foreclosure process. The complaint seeks to stop the imminent foreclosure sale and compel defendants to honor her MOE application and allow her to remain living in her home.

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Complaint for Wrongful Foreclosure (Morford v. Compu-Link Corp.) (with exhibits)

 This is a 2019 complaint filed by Legal Services of Northern California in California Superior Court involving a reverse mortgage.  Soon after the plaintiff’s husband’s death, the plaintiff applied to the creditor to stay in her home through the MOE (mortgage option election) program. However, defendants erroneously denied her application and instead started the foreclosure process. The complaint seeks to stop the imminent foreclosure sale and compel defendants to honor her MOE application and allow her to remain living in her home.

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Form 1 Pre-Filing Notification to Creditors of Representation (Bankruptcy Basics)

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Form 2 Notification to Creditor Seeking Information As to Account (Bankruptcy Basics)

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Form 3 Letter to Client Requesting More Information (Bankruptcy Basics)

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Form 4 Initial Consultation Agreement and Acknowledgment of Receipt of Disclosures (Bankruptcy Basics)

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Form 5 Notice Required by 11 U.S.C. § 527(a) (Bankruptcy Basics)

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Form 6 Notice Required by 11 U.S.C. § 527(b)

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Form 7 Debtor’s Motion for Temporary Waiver of Credit Counseling Requirement Based on Exigent Circumstances (Bankruptcy Basics)

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Form 8 Motion for Exemption from Credit Counseling and Financial Education Requirement Based on Incapacity, Disability, or Active Military Duty (Bankruptcy Basics)

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Form 9 Motion and Order for Extension of Time to File Schedules and Other Required Documents (Bankruptcy Basics)

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Form 10 Motion and Order for Extension of Time to File Chapter 13 Schedules and Other Required Documents

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Form 11 Motion and Order for Additional Time to File Chapter 13 Schedules, Other Documents and Information Required Under 11 U.S.C. § 521(a)(1) (Bankruptcy Basics)

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Form 12 Motion to Excuse Filing of Lost or Unavailable Payment Advices (Bankruptcy Basics)

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Form 13 Statement Regarding Payment Advices (Bankruptcy Basics)

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Form 14 Motion to Keep Prior Name Confidential

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Form 15 Application and Order for Waiver of Miscellaneous Fees

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Form 16 Chapter 7 Bankruptcy Information Sheet and Checklist from Attorney to Debtor

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Form 17 Debtor’s Amendment of Schedules

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Form 18 Application and Order for Waiver of Filing Fee to Amend Debtor’s Schedule of Creditors

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Form 19 Letter to Creditors Giving Notice of Stay

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Form 20 Motion for Continuation of Automatic Stay in Case Filed Within One Year After Dismissal of Prior Bankruptcy Case

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Form 21 Motion to Invoke Automatic Stay in Case Filed Within One Year After Dismissal of Two Prior Bankruptcy Cases

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Form 22 Motion for Relief from In Rem Order Entered in Prior Case

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Form 23 Motion to Reimpose Stay After Relief from Stay Has Been Granted

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Form 24 Letter Demanding Turnover of Property

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Form 25 Complaint Seeking Turnover of Property

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Form 26 Plaintiff’s Motion for Temporary Restraining Order and Preliminary Injunction

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Form 27 Proposed Order for Preliminary Relief in Complaint for Turnover of Property

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Form 28 Motion for Enforcement of Turnover Order and to Hold Defendant in Contempt of Court

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Form 29 Letter to Utility Company Giving Notice of Stay and Requirements of 11 U.S.C. § 366

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Form 30 Complaint to Enjoin Termination of Utility Service for Nonpayment of Deposit by Debtor Current on Her Utility Payments

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Form 31 Complaint Seeking Reconnection of Utility Service and Damages

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Form 32 Motion for Modification of Security Deposit for Utility Service

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Form 33 Letter Advising Belatedly-Added Creditor of Meeting of Creditors

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Form 34 Statement Explaining Debtor’s Failure to Provide Tax Return to Trustee or Creditors

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Form 35 Statement That Documents Required to Be Brought to Meeting of Creditors Do Not Exist or Are Not In Debtor’s Possession

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Form 36 Chapter 7 Section 341(a) Meeting Questions

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Form 37 Section 341(a) Questions from United States Trustee Chapter 7 Handbook

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Form 38 Statement of Information Required by 11 U.S.C. § 341

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Form 39 Debtor’s Motion to Redeem Property Pursuant to 11 U.S.C. § 722

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Form 40 Agreement for Redemption of Property

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Form 41 Request for Information and Notice of Error Under RESPA to Obtain Mortgage Loan Information and Dispute Account Error

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Form 42 Request for Information under RESPA to Obtain Identity of Mortgage Owner