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1.1.2 The Appendices

This treatise includes a number of appendices covering federal laws and regulations, state law, sample pleadings and practice aids. Federal laws, regulations, and other administrative materials that affect mortgage foreclosure are reprinted at Appendices A through D. Appendix A contains the mortgage servicing provisions and related regulations of the Real Estate Settlement Procedures Act, the Truth in Lending Act, and selected provisions of the Servicemembers Civil Relief Act. Appendix B contains laws and regulatory materials relating to federally insured or guaranteed mortgages, and Appendix C includes federal agency guidelines on workouts including loan modifications. Appendix D contains federal statutes and regulations relating to reverse mortgages.

An attempt has also been made to identify the statutes relevant to foreclosure in all fifty states and the District of Columbia at Appendices E through I. Appendix E summarizes state laws regulating servicers of mortgage loans. Appendix F summarizes all state foreclosure laws; Appendices G and H summarize state real estate tax abatement laws and state tax lien sale laws, and Appendix I summarizes state laws governing foreclosures on condominiums. The text of the treatise includes detailed citations listing other relevant state statutes.

The appendices also include a variety of pleadings and practice aids. Appendix J includes sample foreclosure prevention counseling forms, such as a sample intake form, sample authorizations and letters to obtain information and a sample qualified written request.

Appendix K lists sample foreclosure pleadings, discovery, and other litigation materials. These materials include sample affirmative defenses to foreclosure, a motion challenging standing to pursue foreclosure, a sample complaint for wrongful foreclosure, a sample action to enjoin a foreclosure, and sample complaints against home improvement contractors, mortgage servicers, and participants in a foreclosure rescue scam, and are available as part of the online version of this treatise available at Discovery, memoranda, motions, and trial documents are also included.

Appendix L is a glossary of mortgage, foreclosure, and mortgage servicing terms. Appendix M is a list of useful web links.

Appendix N provides a summary of individual state laws relating to reverse mortgages.