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Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3932. Stay of proceedings when servicemember has notice

(a) Applicability of section. This section applies to any civil action or proceeding, including any child custody proceeding, in which the plaintiff or defendant at the time of filing an application under this section—

(1) is in military service or is within 90 days after termination of or release from military service; and

(2) has received notice of the action or proceeding.

(b) Stay of proceedings.

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3935. Duration and term of stays; codefendants not in service

(a) Period of stay. A stay of an action, proceeding, attachment, or execution made pursuant to the provisions of this Act [sections 3901 to 3915 and 3917 to 4043 of this Appendix] by a court may be ordered for the period of military service and 90 days thereafter, or for any part of that period. The court may set the terms and amounts for such installment payments as is considered reasonable by the court.

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3936. Statute of limitations

(a) Tolling of statutes of limitation during military service. The period of a servicemember’s military service may not be included in computing any period limited by law, regulation, or order for the bringing of any action or proceeding in a court, or in any board, bureau, commission, department, or other agency of a State (or political subdivision of a State) or the United States by or against the servicemember or the servicemember’s heirs, executors, administrators, or assigns.

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3951. Evictions and distress

(a) Court-ordered eviction.

(1) In general. Except by court order, a landlord (or another person with paramount title) may not—

(A) evict a servicemember, or the dependents of a servicemember, during a period of military service of the servicemember, from premises—

(i) that are occupied or intended to be occupied primarily as a residence; and

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 3953. Mortgages and trust deeds

(a) Mortgage as security. This section applies only to an obligation on real or personal property owned by a servicemember that—

(1) originated before the period of the servicemember’s military service and for which the servicemember is still obligated; and

(2) is secured by a mortgage, trust deed, or other security in the nature of a mortgage.

Mortgage Servicing and Loan Modifications: 50 U.S.C. § 4021. Anticipatory relief

(a) Application for relief. A servicemember may, during military service or within 180 days of termination of or release from military service, apply to a court for relief—

(1) from any obligation or liability incurred by the servicemember before the servicemember’s military service; or

(2) from a tax or assessment falling due before or during the servicemember’s military service.

Mortgage Servicing and Loan Modifications: Bankruptcy to Stop Foreclosure

Automatic Stay

  • • Answer to Application for Abandonment of Real Estate
  • • Complaint Seeking Damages for Violation of Automatic Stay and Unfair Trade Practices
  • • Letter to Creditors Giving Notice of Stay
  • • Motion to Reimpose Stay After Relief from Stay Has Been Granted

Claims

Litigated Case

Mortgage Servicing and Loan Modifications: Foreclosure Defense

FHA, VA Loans

  • • Answer to FHA Home Foreclosure
  • • Document Requests re FHA Home Foreclosures
  • • Memo in Opposition to Summary Judgment re FHA Home Foreclosure
  • • Veteran’s Letter to VA Concerning Mortgage Foreclosure

HAMP-Related Defenses and Claims

Failure to Convert Trial to Permanent Modification

Mortgage Servicing and Loan Modifications: Tax Issues

  • • Alternative Letter to Lender’s Attorney That 1099 Notice Not Required
  • • Letter Explaining That No IRS Form 1099 Should Issue on a Contested Liability
  • • Letter to Client re Tax Liability
  • • Letter to Client re Tax Liability (Involving Qualified Principal Residence)
  • • Letter to Lender’s Attorney That 1099 Notice Not Required
  • • Settlement Agreeme

Mortgage Servicing and Loan Modifications: Wrongful Foreclosure, Collection Abuse

  • • Amicus Brief in Case Where Bank Failed to Provide 90-Day Notice of Foreclosure
  • • Brief and Reply Brief Applying FDCPA to Foreclosure of a Deed of Trust
  • • Class Complaint for FDCPA Claims Against Purchaser of Mortgage Loan
  • • Complaint Against Mortgage Servicer for Foreclosing When Promising a Modification
  • • FDCPA Complaint Applying to Foreclosure of a Deed of Trust

Mortgage Servicing and Loan Modifications: FLORIDA

Fla. Stat. § 501.137

Scope: Lenders whose loans are secured by real property in state, who hold escrow funds for payment of taxes or insurance premiums.

Exclusions: None specified.

Transfer Notice Requirements: None specified.

Borrower Inquiries: Not specified.

Escrow Requirements:

Restrictions: None specified.

Mortgage Servicing and Loan Modifications: GEORGIA

Ga. Code Ann. §§ 7-1-1000 through 7-1-1002, 7-6a-1 through 7-6a-13

Scope: Not specified.

Exclusions: None specified.

Transfer Notice Requirements: None specified.

Borrower Inquiries: Not specified.

Escrow Requirements:

Restrictions: None specified.

Mortgage Servicing and Loan Modifications: HAWAII

Haw. Rev. Stat. §§ 454M-1 through 454M-6 (effective July 1, 2010)

Scope: Mortgage servicers, defined as persons responsible for receiving any scheduled periodic payments on residential mortgage loans, including amounts for escrow accounts under RESPA, and for making other payments; includes making payments to borrowers on reverse mortgages. § 454M-1.

Mortgage Servicing and Loan Modifications: IDAHO

Idaho Code §§ 26-2802 through 26-2809, repealed by S.L. 2020, ch. 100, § 2, eff. July 1, 2020

Scope: Not specified.

Exclusions: None.

Borrower Inquiries: Not specified.

Handling of funds: None specified.

Interest: None specified.

Additional Requirements: None specified.

Mortgage Servicing and Loan Modifications: ILLINOIS

205 Ill. Comp. Stat. 5/48.2 (Illinois Banking Act); 205 Ill. Comp. Stat. 635/1 through 635/7 (Residential Mortgage License Act); 765 Ill. Comp. Stat. 910/1 through 910/15 (Mortgage Escrow Account Act); 765 Ill. Comp. Stat. 915/1 (Mortgage Tax Escrow Act)

Scope:

Illinois Banking Act: Residential mortgages.