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1.1.3 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 in Appendix A through Appendix C. 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.

An attempt has also been made to identify the statutes relevant to mortgage servicing in all fifty states and the District of Columbia. Appendix D summarizes state laws regulating servicers and the servicing of mortgage loans.1

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

Appendix F lists sample 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 www.nclc.org/library. Discovery, memoranda, motions, and trial documents are also included.

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

Footnotes

  • 1 {1} State foreclosure laws that impose servicing requirements on servicers are summarized in Appx. D, infra.