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.
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.
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,
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.
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.
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.
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.
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.
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.
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.