Initial Pleadings, Forms and Notices
Checklists and Charts
Mortgage Servicing Claims Chart (NCLC 2024). Listing claims, whether they are privately enforceable, statute of limitations, remedies.
Mortgage Servicing Coverage Chart (CFPB). Coverage and exemptions for various claims (residential, principal residence, closed-end, open-end, reverse mortgages).
Call Log for Pending Loss Mitigation Application. This can be used to keep track of phone calls related to the client’s loss mitigation application, in part for purposes of calculating damages.
Sample NOEs & RFIs
Note: You will find sample NOEs and RFIs for Zombie Second Mortgage cases in our Zombie Second Mortgage Hot Topics Page.
Sample RFI About a Loss Mitigation Application
Sample RFI to Obtain Identity of Mortgage Owner
Sample NOE and RFI for a Client Who has Filed for Bankruptcy
Sample NOE for Dual Tracking Violations
NCLC Analysis: Making the Most of NOEs and RFIs
Complaints
NOE & RFI Cases related to payment application, escrow, etc.
Note: You will find sample complaints for Zombie Second Mortgage cases, in our Zombie Second Mortgage Hot Topics Page.
Complaint, Dubridge v. Ocwen Loan Serving (Mich. Cir. Ct. June 25, 2013). Complaint asserting RESPA NOE claims over escrow and payment dispute. This is a Michigan state court complaint brought in 2013 by Legal Aid of Western Michigan against Ocwen, a mortgage servicer, for failing to properly service the mortgage loan after a loan modification, including improperly computing the loan balance, improper debt collection practices, and failing to reply timely to a qualified written request. This complaint was filed by John Smith of Legal Aid of Western Michigan.
Complaint, Hastings v. Ocwen Loan Servicing (D. Md. Aug. 4, 2014). Complaint involving RESPA claims for failure to correct a servicing error related to payment application issues. The case was litigated by Phillip Robinson, Consumer Law Center LLC.
Violations of the RESPA Loss Mitigation Rules
Sample Complaint Regarding Loss Mitigation Rule Violations. Complaint regarding loss mitigation rule violations, failure to get to a complete application, failure to timely evaluate a complete application. Sample based on a complaint crafted by Legal Services of South Central Michigan.
NOE & RFI Claims related to Loss Mitigation
Complaint, Markovski v. Community Loan Servicing L.L.C. (D.N.J. 2023). Loss mitigation, trial plan and modification implementation. RESPA (NOE & RFI), UDAP, breach of contract, covenant of good faith and fair dealing, specific allegations of harm. Case was filed by Javier Merino, DannLaw.
Complaint, Kobler v. PHH Mortg. Corp. (D.N.J. 2023. Mishandling of loan modification implementation: RESPA NOE, pattern and practice, breach of contract, breach of covenant of good faith and fair dealing. Case was filed by Javier Merino, DannLaw.
Complaint, Janice v. Truist Fin. Corp. (D.N.J. 2024). Mishandling of modification, escrow disputes, deferral transition. RESPA NOE. Case was filed by Javier Merino, DannLaw.
Complaint, Anderson v. Statebridge Co. (W.D. Mich. Nov. 17, 2021). Complaint asserting RESPA (QWR and NOE) violations. Case litigated by John Smith, Legal Aid of Western Michigan.
Complaint, Frank v. JP Morgan Chase (N.D. Cal. Apr. 12, 2016). Complaint raising successor issues, good faith and fair dealing, negligence, UDAP, RESPA. Highlights the intersection between RESPA and UDAP, as well as negligence (breach of the duty of care) in mortgage servicing. Case litigated by attorney Kari Rudd from Bay Area Legal Aid in California.
Related decision: Frank v. J.P. Morgan Chase Bank, N.A., 15-CV-05811-LB, 2016 WL 3055901 (N.D. Cal. May 31, 2016).
Complaint, McGahey v. Fed. Nat'l Mortg. Ass'n (D. Me. July 31, 2017) (Fannie Mae). Second Amended Complaint raising RESPA (QWR, NOE) and UDAP claims involving HAMP misconduct, liability of principal. This is a 2017 federal court complaint in the Maine district court concerning a homeowner who was given an unaffordable loan modification and the servicer subsequently misrepresented the homeowner’s eligibility for a further modification that would have been affordable under HAMP. The claim is that this conduct by the servicer is fraudulent, and violates RESPA and the state UDAP and state credit statutes, and the conduct is attributable to the servicer’s principal, Fannie Mae. The case was brought by the Molleur Law Office and by Gary Goldberg, Esq.
Complaint, Renfroe v. Nationstar Mortg. (S.D. Ala. Oct. 10, 2014). Amended Complaint with RESPA (NOE and RFI duty to investigate) claims. This is a 2014 federal court complaint in the Southern District of Alabama against a mortgage servicer for failing to properly credit mortgage payments and then failing to investigate such errors or provide requested information. The case was brought by Underwood and Riemer.
Related decision at: Renfroe v. Nationstar Mortg., L.L.C., 822 F.3d 1241 (11th Cir 2016).
Related briefs:
Appellant’s brief, 2015 WL 1508770 (11th Cir.).
Appellant’s reply brief, 2015 WL 3424811 (11th Cir.).
Complaint, Tanasi v. CitiMortgage, Inc. (D. Conn. Aug. 19, 2016). Complaint involving RESPA loss mitigation rule violations, inadequate response to RFI and NOE, negligence, UDAP. Case brought by Connecticut Fair Housing Center, attorney Jeff Gentes.
Related decision at: Tanasi v. Citimortgage, 2016 WL 11048311 (D. Conn. 2016) (RESPA servicing claim dismissed).
Complaint, Wilson v. Bank of America (E.D. Pa Apr. 30, 2014). Complaint with RESPA (“reasonable investigation” for NOE & RFI) and UDAP claims, loan modification. Case litigated by Irv Ackelsberg.
Related decision at: Wilson v. Bank of America, 2014 WL 12772146 (E.D. Pa. April 30, 2014).
Wrongful Foreclosure & Bad Faith Servicing Conduct (Predominantly State Law Claims)
Complaint, Breen v. Midfirst Bank (D. Conn. May 2024). Complaint raises problems with application of payments, escrow, UDAP, related Reg. X, and breach of contract claims. Litigated by Lorraine Martinez Bellamy and Jeff Gentes, Conn. Fair Housing.
Complaint, Tremalgio v. PHH Corp. (D. Conn. Apr. 2023). Loss mitigation-related UDAP, RESPA, harm related to implementation of loan modification. Case brought by Jeff Gentes, Connecticut Fair Housing Center.
Complaint, Koontz v. Wells Fargo (W. Va. Cir. Ct. June 24, 2010). West Virginia state court complaint for breach of contract, lack of good faith in exercising right to sell under deed of trust, plus origination claims, to stop a nonjudicial foreclosure. Complaint was filed against a mortgage lender and servicer for issuing a predatory loan and then advising the homeowner in financial difficulty to fall behind on mortgage payments to obtain a loan modification. The lender/servicer then refused to process the loan modification. The servicer, while reassuring the homeowner that the modification was being processed, sent the home into foreclosure. Mountain State Justice brought the action on behalf of the homeowner.
Complaint, Hannigan v Bank of America (D. Mass. Mar. 19, 2013). Complaint alleging failure to implement loan modification, raising breach of contract, negligence, promissory estoppel, and UDAP against both servicer and loan owner. Complaint contains detailed factual allegations, permanent loan modification issues, 93A (Mass UDAP) and negligence and contractual claims. The complaint was filed by Culik Law.
Related decision at Hannigan v. BOA et al, 2014 WL 8388851 (D. Mass. Jan. 2014)
Complaint, Mertilus v. Bank of Am. (D. Mass. Feb. 2014). Complaint with trial payment plan (TPP) claims against servicer and loan owner for breach of contract, promissory estoppel, and UDAP; HAMP conversion breach of contract and 93A (deceptive practices). The complaint was filed by Culik Law.
Related decision: Mertilus v. Bank of America Beatrice et al, 2014 WL 8726572 (D.Mass. Feb. 2014).
Complaint, Wilkins v. Wells Fargo (E.D. Va. Mar. 8, 2017). This is a 2017 second amended complaint filed in the Eastern District of Virginia seeking to unwind the foreclosure of a home that had a VA mortgage loan and where the loan holders and servicers did not follow VA regulations in foreclosing on the home. The foreclosure occurred while a mortgage modification application was pending. The pleadings were drafted by the Law Office of Henry McLaughlin.
Related decision at: Wilkins v Wells Fargo Bank, N.A., 2:15CV566, 2016 WL 6775692, (ED Va Nov. 15, 2016)
Second Class Complaint, Wigod v. Wells Fargo Bank (N.D. Ill. July 3, 2012). Trial modification conversion claims, breach of contract, promissory estoppel, fraudulent misrepresentation, UDAP.
Related decision at: 673 F.3d 547 (7th Cir. 2012)
DISCOVERY
Document Requests, Interrogatories, and Requests for Admission
Sample ESI Document Retention Letter. This is a sample of a letter typically sent at the beginning of litigation, or pre-litigation, advising the Defendant to preserve all relevant documents and electronic records. This ESI preservation letter is related to Notices of Error sent to the servicer. Letter drafted by Thomas Cox.
Discovery Requests, Davis v. The Money Source, Inc. (D. Conn. 2021). Homeowner’s discovery requests (combined interrogatories and document requests) to defendant servicer. Loss mitigation, fees, property inspections. Case litigated by Jeff Gentes, Connecticut Fair Housing Center.
Walters v. Select Portfolio Servicing, Inc. (N.D. Ga. Mar. 15, 2016). Sample discovery requests in a case involving failure to respond to a QWR asking for the identity of the loan holder. Case litigated by Sarah Mancini, Atlanta Legal Aid.
Interrogatories
Requests for Production
Requests for Admission
Doe v. Fannie Mae (N.D. Ga. Apr. 2016). Sample discovery requests from a case involving failure to properly apply payments and failure to provide a timely and accurate payoff quote. Case litigated by Rachel Scott, Atlanta Legal Aid.
Interrogatories
Requests for Production
Requests for Admission
Motions to Compel
Motion to Compel Production, Wigod v. Wells Fargo Bank (N.D. Ill. Aug. 24, 2012). Motion to compel answers to request for production of documents, including loan modification data and servicer’s training material.
Reply Supporting Motion to Compel Answers, Wigod v. Wells Fargo Bank (N.D. Ill. Nov. 12, 2012). Reply to Defendant’s Opposition to Motion to Compel Production of Documents.
Motion to Compel Answers to Interrogatories, Wigod v. Wells Fargo Bank (N.D. Ill. Sept. 28, 2012). Motion to compel answers to interrogatories, investor guidelines motion to compel further answers to interrogatories.
Motion and Memo to Compel Deposition, Wigod v. Wells Fargo Bank (N.D. Ill. June 13, 2012). Motion to compel Rule 30(b)(6) deposition over loan modification review procedures.
DISPOSITIVE MOTIONS
Briefs and Arguments Related to Motions to Dismiss
Sample Argument on RESPA Damages. Section of a Brief on RESPA Damages Issues (statutory damages, pattern and practice, actual damages, causation issues).
Sample Argument on Negligent Servicing. Section of a Brief on Negligent Servicing (relying mostly on Michigan law).
Opposition to Motion to Dismiss, Johnson v. Ocwen Loan Servicing (D. Md. Nov. 5, 2015). Brief Regarding Statutory Authority for RESPA loss mitigation rules. Brief explains the statutory authority for the RESPA Regulation X loss mitigation and QWR rules and explains that certain case law predating the CFPB’s 2014 rule is now outdated. Case litigated by Phillip Robinson, Consumer Law Center LLC.
Opposition to Motion to Dismiss Complaint, Hannigan v. Bankr of Am. (D. Mass. Feb. 19, 2014). Opposition to motion to dismiss Case alleging failure to implement loan modification, raising breach of contract, negligence, promissory estoppel, and UDAP against servicer and loan owner. Case involves detailed facts, permanent loan mod issues, UDAP (Mass 93A), negligence, and breach of contract.
Memo Opposing Motion to Strike, Bank of Am. v. Izzo (Conn. Super. Ct. Apr. 13, 2015). Memorandum in opposition to motion to strike counterclaim in judicial foreclosure, arguing misconduct in implementing HAMP, claims for breach of contract, promissory estoppel, negligence, negligent infliction of emotional distress, and UDAP.
Second Memo Opposing Motion to Dismiss, Tanasi v. CitiMortgage (D. Conn. Oct. 7, 2016). Memorandum in Opposition to M&T Bank’s Motion to Dismiss.
Memo Opposing Motion to Dismiss, Tanasi v. CitiMortgage (D. Conn. Oct. 7, 2016). Memorandum in Opposition to CitiMortgage’s Motion to Dismiss RESPA loss mitigation, RFI, and NOE rules, negligence, UDAP. RESPA servicing claims ultimately dismissed. Case litigated by Jeff Gentes.
Opposition to Motion to Dismiss, Turbeville v. JPMorgan Chase Bank (C.D. Cal. Feb. 7, 2011). Brief in Opposition to motion to dismiss complaint. Complaint raised HAMP TPP claims of breach of contract, UDAP. Opinion allows UDAP claims under several state statutes; mostly favorable decision at 2011 WL 7163111 (C.D. Cal. April 4, 2011).
Plaintiff’s Brief in Opposition to Motion to Dismiss, Wilson v. Bank of America, N.A. 2014 WL 12772146 (E.D. Pa. July 30, 2014). Memorandum of Law in Opposition to Motion to Dismiss Complaint with claims under RESPA (“reasonable investigation” for NOE & RFI) involving loan modification.