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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.
Complaint for Wrongful Foreclosure (Morford v. Compu-Link Corp.)
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.
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.
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.
Sample Letter Requesting MOE for Non-Borrowing Spouse
This sample letter can be used to request the Mortgage Optional Election (MOE) for a non-borrowing spouse. In addition to the death certificate, marriage certificate, and SSN, it is a good idea to explain the non-borrowing spouse's ownership interest or legal right to remain in the property (even if only under state intestacy laws). Include any applicable citation to state law and attach any relevant documents (such a will naming the non-borrowing spouse' as beneficiary, or an heirship affidavit, if appropriate under state law).
Sample Argument Challenging Fees Added for Reinstatement or Cure
The short argument found in the document can be used to dispute a mortgagee’s attempt to charge additional fees in the reinstatement or cure amount the borrower must pay for a property charge default. The servicer might attempt to include these fees in a reinstatement quote to avoid foreclosure, or in a proof of claim in a Chapter 13 bankruptcy.
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.
Budget Worksheet for Reverse Mortgage
This budget worksheet can be used in a reverse mortgage situation to determine a homeowner’s expenses and income. It can be also used in other contexts.