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United States Consumer Law Attorney Fee Survey Report (2019)

Since 1999, Ronald Burdge, a Dayton Ohio consumer attorney,  has been producing and publishing the free U.S. Consumer Law Attorney Fee Survey Report, the only national survey of consumer law practitioners in the United States. Its methodologies have been independently peer reviewed and supported by the National Association of Legal Fee Analysis.

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Complaint in Motter v. Synergetic Communications, Inc. (2023)

This is a 2023 FDCPA complaint that pleads facts to support constitutional Article III standing in federal court. The complaint specifies concrete injury from an invasion of privacy and the time and expense of having his attorney send defendants a letter.  The complaint was drafted by the Illinois firm of Philipps & Philipps and the Missouri firm of the Callahan Law Firm.

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Class Complaint in Mack v. Resurgent Capital Services (2023)

This is a 2023 FDCPA class class complaint dealing with a consumer disputing a debt and asking for verification.  When the account was collected by a second agency, the consumer's requests were ignored and a new letter was sent. The complaint was drafted by the Illinois firms of Philipps & Philipps and SMITHMARCO.

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Complaint in Holloway v. Firstsource Advantage (2023)

This is a 2023 FDCPA complaint that takes care to plead facts to support constitutional Article III standing in federal court. The complaint specifies the plaintiff's concrete injury from an invasion of her privacy, seclusion, and the right to counsel; from her emotional distress; and from the cost to her of additional time, money, and effort to assert her rights. The complaint was drafted by the Illinois firm of Philipps & Philipps.

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CFPB Guidance re Collection of Time-Barred Zombie Mortgages

This CFPB advisory opinion, 88 Fed. Reg. 26475 (May 1, 2023) and effective May 1, 2023, explains that the FDCPA and Regulation F prohibit a debt collector from suing or threatening to sue to collect a time-barred debt. Accordingly, a debt collector who brings or threatens to bring a state court foreclosure action to collect a time barred mortgage debt may violate the FDCPA and Regulation F.

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CFPB, Zombie Second Mortgages: When Collectors Come For Long Forgotten Home Loans

This CFPB blog explaining consumer rights when a debt collector contacts consumers regarding a zombie second mortgage.

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What Is a Zombie Second Morgage

This CFPB consumer education file explains to consumers what a zombie second mortgage is.

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Sample Letter to HUD Explaining Systemic Issues

This is a sample letter to HUD asking it to reopen a housing discrimination case where a reverse mortgage lender systematically refuses to provide accommodations to homeowners with disabilities to allow them more time to request an

“at risk extension” on overdue property taxes or other charges.

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Verified Motion to Set Aside Default and for Leave to File an Answer and Affirmative Defenses (CIT Bank v. Delander)

This is motion to set aside a default judgment on a foreclosure action concerning a reverse mortgage and leave to file an answer and defenses. The excusable neglect is based on the homeowner’s age and cognitive difficulties.

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Amended Notice of Taking Deposition Duces Tecum (CIT Bank v. Lofton)

This is a notice of taking the Florida deposition of a corporate representative in a case involving an attempt to foreclose on a reverse mortgage based on non-occupancy where the property was in fact occupied, including a list of documents that the deponent should bring and be prepared to describe.

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Motion for Punitive Damages (Nationstar Mortgage v. Spencer)

This is a Florida motion to add a claim for punitive damages to existing counterclaims that allege various torts in a case where the lender attempted to foreclose on a reverse mortgage based on non-occupancy where the property was in fact occupied, where the lender should clearly have known the property was occupied.

NCLC, What States Can Do to Reduce Property Tax Foreclosures (Oct. 10, 2023)

As homeowners struggle to recover from the pandemic and deal with soaring inflation, some risk losing their homes to a strict and often rapid tax lien foreclosure process. As many as 8.5 million homeowners could become delinquent on their property taxes in 2023. The U.S. Supreme Court recently ruled in Tyler v. Hennepin County that it is unconstitutional for a local government to take a home in a property tax foreclosure and keep the homeowner’s equity after the tax debt and costs are paid.

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Sample of Error Demand Letter re Occupancy

This is a sample notice of error from a homeowner (pursuant to RESPA regulations).  The notice asks the reverse mortgage lender to stop either acceleration or foreclosure of the reverse mortgage because, despite the lender’s claims, the property is in fact occupied.  The notice provides evidence of that occupancy.

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Notice of Taking Deposition of Corporate Representative (CIT Bank v. Lofton)

This is a notice of taking the Florida deposition of a corporate representative in a case involving an attempt to foreclose on a reverse mortgage based on non-occupancy where the property was in fact occupied, including a list of documents that the deponent should bring and be prepared to describe.

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Request for Admissions (NationStar Mortgage v. Thompson)

This is a request for admissions sent by a Florida homeowner to the reverse mortgage lender seeking the lender’s admission that the home was in fact occupied, despite the lender taking actions as if the home was unoccupied.

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Sample Affidavit of Occupancy

This is a sample affidavit stating that the homeowner is occupying a residence. This sample affidavit can be used to verify that the borrower is occupying the home in connection with a mortgagee’s acceleration of the debt or attempted foreclosure based on non-occupancy. It can be helpful to also attach any supporting documents, such as utility bills, to show that the property is occupied. The servicer may also want the borrower to sign their standard occupancy form.

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Sample Request for Information (MOE Status Details)

This is a sample notice of error and request for information (pursuant to RESPA regulations).  This sample can be used to request information from a servicer about the status of an MOE (Mortgagee Optional Election) assignment, particularly where it appears HUD may not have approved a request for assignment, and the advocate is trying to determine the reason.

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Affidavit of Heirship (Financial Freedom)

This is a lender’s standard form affidavit of heirship filled in by the homeowner.

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Sample Tolling, Forbearance, and Release Agreement (Georgia)

This is a 15-page blank standard form agreement suitable for where a surviving spouse is not on a reverse mortgage to keep the survivor in the house after the passing of the other spouse.

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Reply Supporting Motion to Dismiss Cross-Claim (Reverse Mortgage Solutions v. HUD)

This is a case involving a pre-2014 reverse mortgage.  This is a reply pleading by 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.