Practice Tools

A guide to using Archive.org to find the version of contract terms posted to a website as of a given date.

 Sallie Mae private loan disability discharge application

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. 

An important new borrower right, effective January 10, 2014, may require a mortgage servicer to cancel or postpone a foreclosure sale when the servicer initiated the foreclosure while still evaluating the homeowner for loss mitigation options or during the 120-day pre-foreclosure waiting period. The borrower or the borrower’s agent may assert this right by sending a notice of error to the servicer. Under the Regulation X provision implementing 12 U.S.C.

Appropriate alterations based on your client’s situation must be made before sending the following sample notice and request.  Only those specific request items that are applicable to your client and needed to assist in representing the client should be included.

See also NCLC's Mortgage Servicing and Loan Modifications.
 

This form written request can be used to obtain from the servicer of the debtor’s mortgage information about the owner of the mortgage. This information is particularly useful in determining the proper party in foreclosure proceedings, for exercising rescission rights, for naming the proper party in bankruptcy lien strip off and claim objection proceedings, and for effectuating service of process on the mortgage owner in litigation matters.

This sample form request for information can be used to seek information about a borrower’s request for loss mitigation.  Under the Regulation X provision implementing 12 U.S.C.

Before July 1, 2006, married individuals were able to consolidate their individual federal student loans made under the William D. Ford Federal Direct Loan Program (“Direct Loan Program”) or the Federal Family Education Loan Program (“FFEL Program”) into a single consolidation loan known as a “joint consolidation loan.” Married individuals who signed a promissory note for a joint consolidation loan agreed to be jointly and severally liable for the entire amount of the joint debt, regardless of any future change in their marital status.