About Zombie Second Mortgages
As the name suggests, zombie mortgages can be terrifying. They rise from the dead, appear without warning, and seize homes. And they are appearing now more than ever. These resources explain what they are, why they are now such a problem, and ways homeowners can stop foreclosures of zombie mortgages.
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Articles—free to the public
12 Ways to Fight Foreclosure of Zombie Second Mortgages
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Conference Archives—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—free to those attending that specific conference
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)
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Related Forthcoming Conferences—restricted to those representing consumers
June 5–6, 2023| Philadelphia
Consumer Rights Litigation Conference and Class Action Symposium
October 26-29 | Chicago
Related Treatises—requires subscription to treatise
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Home Foreclosures (2023 Second Edition)
5.3 Statute of Limitations Defenses
Chapter 12: Second Mortgages
12.2 Statutes of Limitations and Second Mortgage Foreclosures
12.3 Authority to Foreclose a Second Mortgage
12.4 TILA and RESPA Claims Related to Second Mortgages
12.5 Loss Mitigation Options to Junior Mortgages
12.6 Contract-Based Claims and Defenses
12.7 Defenses and Claims Based on State UDAP Statutes
12.8 Laches and Equitable Defenses to Second Mortgage Foreclosures
12.9 State Law Foreclosure Requirements
12.10 State Laws That Specifically Regulate Second Mortgages
12.11 Using Bankruptcy for Second Mortgages
12.12 Deficiency Claim Issues Special to Second Mortgages
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Mortgage Servicing and Loan Modifications
(2023 Digital Second Edition online; print book 2023 Second Edition forthcoming)
4.2.5 Periodic Mortgage Statements
4.2.7 Mortgage Transfer of Ownership Notices
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Fair Debt Collection (2022 Tenth Edition)
4.7.3.4 Enforcement of Security Interests As Debt Collection
4.7.5.2.3 FDCPA Coverage of Mortgage servicers, foreclosure trustees, foreclosure law firms
Pleadings and Discovery—requires subscription to Home Foreclosures
Federal Court Complaint Concerning Zombie Debt (Richland & Falkowski) (complaint against foreclosure law firm concerning time-barred collection and threatened foreclosure of second mortgage debt)
Virginia Federal Court Class Action Complaint Concerning Zombie Mortgage Debt Collection (United Asset Management) (collection of waived fees and interest; no notice of assignment; deceptive collections; violation of state foreclosure law)
Georgia Federal Court Complaint Concerning Zombie Debt (United Asset Management) (wrongful foreclosure; breach of contract; FDCPA; and TILA)
California State Complaint for Wrongful Foreclosure Regarding Zombie Debt (Wilmington Savings) (no loan statements sent; claimed amount inaccurate and unsupported)
Federal Court Complaint Where Assignee of Second Mortgagee Improperly Charged Interest (Interstate TD Investments) (loan assigned to unlicensed entity that used improper interest rate; no statements; failure to correct errors and satisfy the mortgage; aggressive collections)
Brief Arguing Defendant Coerced Plaintiffs Into Arbitration Agreement
Key Weblinks—open to public
CFPB Guidance to Protect Homeowners from Illegal Collection Tactics on Zombie Mortgages
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.)
Court Decisions—open to public
Using the FDCPA to Combat Zombie Second Mortgages (Fair Debt Conference 2022)
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)