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Usevicz v. Weltman Weinberg & Reis, Co. of Mich., 2023 WL 1928495 (E.D. Mich. Feb. 10, 2023).

Dennis v. Rushmore Loan Mgmt. Services, L.L.C., 2017 WL 11708231 (C.D. Cal. Aug. 8, 2017).

Walker v. CMG Mortg., Inc., 2022 WL 3213842 (E.D. Pa. Aug. 9, 2022).

Hamilton v. U.S. Bank Nat’l Ass’n, 2022 WL 17368815 (C.D. Cal. Oct. 14, 2022).

Herrera v. Bank of Am., N.A., 2015 WL 13945899 (S.D. Fla. Dec. 29, 2015).

Allen v. Ocwen Loan Servicing, L.L.C., 2019 WL 13254112 (N.D. Cal. June 12, 2019).

Ward v. NPAS, Inc. (Ward II), 63 F.4th 576 (6th Cir. 2023).

Banayan v. Specialized Loan Servicing, L.L.C., 2019 WL 13257999 (C.D. Cal. Feb. 4, 2019).

Cardin v. NewRez L.L.C., 2022 WL 16540183 (N.D. Ill. Oct. 28, 2022).

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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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Post-August 4, 2014, Sample Notice of Error for Non-borrowing Spouse

For post-August 4, 2014 loans where NBS was named as an Eligible Non-Borrowing Spouse in the loan docs, this sample NOE can be used to dispute the servicer’s failure to evaluate the NBS for the deferral period, or improper denial based on failure to meet the requirement of establishing ownership or legal right to remain in the property within 90 days of the borrower’s death.