Practice Tools

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.

This document can be used to help keep track of any calls related to a pending loss mitigation application.  In addition, it is helpful to keep track of all letters received from the servicer by writing the date received on the envelope, and keeping the envelope and letter stapled together. 

Altering a certain charge that may be assessed to a public service company; providing for the recovery of certain costs through rates; establishing an energy salesperson license for certain persons that offer or sell electricity supply agreements or gas supply agreements to customers in the State; establishing an energy vendor license for certain persons that provide energy sales services in the State; prohibiting a certain electricity supplier from marketing electricity as green power unless certain conditions are met; etc.

This is a sample co-counseling agreement between two law firms.  It covers general cooperation and terms, attorney fees under a fee-shifting award or a common fund recovery, costs and expenses, right to terminate the agreement, and appeals and separate legal actions.