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Articles & Reports
The following articles and reports are free to the public.
12 Ways to Fight Foreclosure of Zombie Second Mortgages
Court Decisions
The following court decisions are free to the public.
Pierre v. Midland Credit Mgmt., 2002 WL 986441 (4th Cir. April 1, 2022) (homeowner had no standing)
Aspen Props. Grp. v. Roberts-Joachim (Conn. Super. Ct. Sept. 22, 2022)
Videos
The following videos are free to the public.
Consumer Action & NCLC's Andrea Bopp Stark, Helping Homeowners Avoid Foreclosure (Feb. 6, 2024)
SC Legal Services & NCLC's Andrea Bopp Stark, Zombie Second Mortgages Video (Oct. 31, 2023)
Video of CFPB Field Hearing on Zombie Mortgages with Director Chopra (Brooklyn, N.Y. April 26, 2023) (Note: Video begins at 46:52. Fast forward to that point for best experience or click here.)
Key Weblinks
The following weblinks are free to the public.
CFPB Guidance to Protect Homeowners from Illegal Collection Tactics on Zombie Mortgages
NCLC Conference Archives
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The following NCLC conference material is free to legal aid, NACA, and recent NCLC conference attendees.
General
Fighting Zombie Second Mortgages (Mortgage Conference 2022)
Fighting Zombie Second Mortgages (two page issue brief)
Handout: Fighting Zombie Second Mortgages (outline)
Mortgage Servicing Claims Chart
Mortgage Strategy Summit: Zombie Mortgages, Successors and Tangled Title, and Loss Mitigation/Homeowners Assistance Fund (CRLC 2022)
NCLC, Fighting Zombie Second Mortgages (two page overview with links)
Back from the Dead: Dealing with Zombie Second Mortgages (Mortgage Conference 2021)
Back from the Dead: Dealing with Zombie Second Mortgages (PowerPoint)
Using the FDCPA to Combat Zombie Second Mortgages (Fair Debt Conference 2022)
Using the FDCPA to Combat Zombie Second Mortgages (PowerPoint)
Fighting Zombie Second Mortgages
Using the Rules of Evidence to Set Up Wins in Mortgage and Foreclosure-Related Trials and in Appeals (CRLC 2019)
Federal Rule of Evidence 201 and Related Materials
Letters
Using the FDCPA to Combat Zombie Second Mortgages (Fair Debt Conference 2022)
Sample Zombie Second Mortgage Letter (proposing settlement of HELOC, where loan was charged off and no statements have been sent)
Sample Zombie Second Mortgage Letter (NOE) (notice of error, requests for information, and debt verification)
Sample Zombie Second Mortgage Letter (request for information)
Sample Second Mortgage Pleading (request for information and notice of error)
Complaints
Fighting Zombie Second Mortgages (Mortgage Conference 2022)
Sample Complaint (state court complaint to cancel second mortgage, injunctive relief under New York law)
Sample Complaint in E.D. Cal. (breach of contract and implied covenant of good faith and fair dealing; Cal. Civ. Code § 2924.17 4; TILA; negligence; UDAP)
Sample Complaint in E.D. Va. (class complaint for failure to notify the assignment)
Sample Complaint in E.D. Pa. (injunctive relief and damages under RESPA and Pa. Loan Interest Protection Law, UDAP, Mortgage Satisfaction Act, and Fair Credit Extension and Uniformity Act)
Sample Complaint in E.D.N.Y. (FDCPA and UDAP claims for collection of time-barred debt)
Using the FDCPA to Combat Zombie Second Mortgages (Fair Debt Conference 2022)
Complaint (Defour v. United Asset Mgmt.) (Va. federal court class complaint for failure to notify of assignment)
Complaint (Kumi v. United Asset Mgmt.) (Ga. federal court seeking FDCPA and TILA damages and injunctive relief)
First Amended Complaint (Baptiste-Elmine v. Richland & Falkowski PLLC) (N.Y. federal court action for collection of time-barred debts of numerous homeowners)
Other Pleadings
Fighting Zombie Second Mortgages (Mortgage Conference 2022)
Sample Bankruptcy Pleading (Mass.) (objection to proof of claim and counterclaims)
Using the FDCPA to Combat Zombie Second Mortgages (Fair Debt Conference 2022)
Motion for TRO (Kumi v. United Asset Mgmt.)
Mortgage Strategy Summit: Zombie Mortgages, Successors and Tangled Title, and Loss Mitigation/Homeowners Assistance Fund (CRLC 2022)
Order for TRO (Kumi v. United Asset Mgmt.)
Sample Complaint Filed with HUD (alleging discrimination in second mortgage)
Back from the Dead: Dealing with Zombie Second Mortgages (Mortgage Conference 2021)
Sample Chapter 13 Lien Strip Order
Conference Videos
The following NCLC conference material is free to legal aid, NACA, and recent NCLC conference attendees.
Fighting Zombie Second Mortgages (Mortgage Conference 2022)
Zombie Second Mortgages (Video)
Using the FDCPA to Combat Zombie Second Mortgages (Fair Debt Conference 2022)
Using the FDCPA to Combat Zombie Second Mortgages (Video)
Back from the Dead: Dealing with Zombie Second Mortgages (Mortgage Conference 2021)
Back from the Dead: Dealing with Zombie Second Mortgages (Video)
Annual Conferences
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The Consumer Law Educational Events Series includes the nation’s preeminent in-person conferences and trainings for consumer attorneys, produced by National Consumer Law Center (NCLC) and the National Association of Consumer Advocates (NACA). The series provides comprehensive training regarding critical issues in consumer law, including the latest developments and trends; strategies and tactics for effectively representing your clients; and opportunities to network with and learn from the leaders in the field.
Click here for more information.
Registration is restricted to those representing consumers.
