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.
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.
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.
This is a sample letter to a reverse mortgage lender asking for more time to respond to a repayment plan because of cognitive disabilities, as a reasonable accommodation of her disabilities under the Fair Housing Act.
This is a sample notice of error and request for information (pursuant to RESPA regulations). The homeowner with a reverse mortgage executed a deed-in-lieu of foreclosure but the lender is still foreclosing on the home. The homeowner also requests information regarding the deed-in-lieu, appraisals, communications, and other items.
This is a sample letter to the homeowner’s doctor asking for a medical opinion relevant to preventing foreclosure of a reverse mortgage. The homeowner may be eligible for an “At Risk Exemption” from HUD for homeowners ages 80+ with “substantiated long-term physical disability.” To qualify for an At Risk Extension it is necessary to have a signed doctor’s letter regarding the client’s condition.
This is a sample request that the lender submit to HUD an at-risk extension and refrain from a foreclosure on a reverse mortgage (as permitted by FHA Mortgagee Letter 15-11), based on the homeowner’s medical condition. This HUD exemption from foreclosure applies for homeowners ages 80+ with “substantiated long-term physical disability.”
This is a sample letter asking for an At Risk Extension on a reverse mortgage based on a long term physical disability. This can prevent foreclosure for homeowners ages 80+ with “substantiated long-term physical disability.”
This is a detailed notice that the consumer is rejecting or in the alternative revoking acceptance of a motor vehicle sale, setting out the defects, repair attempts, and setting out the consumer’s right to return of itemized payments. Alternatives are provided as to the disposition of the vehicle after the rejection or revocation. Other rights of the consumer after rejection or revocation are specified.
After a settlement or otherwise reduction in the amount a consumer owes a creditor, the creditor may send the consumer and the IRS an IRS Form 1099-C indicating that the forgiven debt may be taxable income for the consumer. This letter explains to the creditor why the Form 1099-C should not be sent—that a reduced amount owed per a settlement is not taxable income in this case and that the consequences of sending the 1099-C for the consumer are significant.