Fill and Sign the Foreclosure Prevention Toolkitpine Tree Legal Assistance Form

© 2016 - U.S. Legal Forms, Inc. HOME FORECLOSURE PREVENTION PACKAGE Control No. US-P111-PKG U.S. Legal Forms™ thanks you for your purchase of a Home Foreclosure Prevention Package. This package is an important tool to help you avoid losing your home to foreclosure. This package provides many different tools for a homeowner prevent foreclosure of a home. The forms cover various means to obtain assistance at all stages of the foreclosure process.TABLE OF CONTENTS I. Form List with descriptions II. Descriptions of Forms III. Legal Document Storage information IV. Tips on Completing the Forms V. Disclaimer I. FORM LIST With your Home Foreclosure Prevention Package, you will find the forms that will help you prepare for and protect yourself from having your home foreclosed upon. Included in your package are the following forms: 1. Letter to Lender for Produce the Note Request 2. Offer by Borrower of Deed in Lieu of Foreclosure 3. Motion to Dismiss Foreclosure Action and Notice of Motion 4. Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief 5. Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust 6. Qualified Written RESPA Request to Dispute or Validate Debt 7. Request to Lender or Loan Servicer for Loan Modification Due to Financial Hardship - Requesting Change to Fixed Rate of Interest of Adjustable Rate 8. Hardship Letter to Mortgagor or Lender to Prevent Foreclosure 9. Sample Letter for Short Sale Request to Lender 10. MHA Request for Short Sale II. DESCRIPTIONS OF FORMS Brief descriptions of the forms contained in your U.S. Legal Forms™ Home Foreclosure Prevention Package are found below. Letter to Lender for Produce the Note Request - This form may be used to ask a lender to produce the original loan document. For example, in cases of foreclosure, a homeowner may request the mortgagor to produce the note as part of a defense to a foreclosure action. Offer by Borrower of Deed in Lieu of Foreclosure - A deed in lieu of foreclosure is a method sometimes used by a lienholder on property to avoid a lengthy and expensive foreclosure process, with a deed in lieu of foreclosure a foreclosing lienholder agrees to have the ownership interest transferred to the bank/lienholder as payment in full. The debtor basically deeds the property to the bank instead of them paying for foreclosure proceedings. Therefore, if a debtor fails to make mortgage payments and the bank is about to foreclose on the property, the deed in lieu of foreclosure is an option that chooses to give the bank ownership of the property rather than having the bank use the legal process of foreclosure. Motion to Dismiss Foreclosure Action and Notice of Motion - The Federal Rules of Civil Procedure (which most states have adopted in one form or another), state in effect that it is not necessary to file an answer to a complaint until a motion to dismiss has been ruled upon by the court. One way to begin arguing against the plaintiff’s foreclosure action without filing an answer addressing the entire complaint is to file a motion to dismiss based on the plaintiff’s inability to bring the lawsuit in the first place. Defendants can state that the plaintiff has not shown it even owns the mortgage and therefore has no claim to any of the defendant borrower's property. If the plaintiff does not have a right to collect the mortgage payments and foreclose, it is not the party in interest and may not legally bring a foreclosure lawsuit against the owner. If the mortgage or note with assignment proof is not attached to the complaint, the plaintiff may have trouble showing it is legally allowed to foreclose on the subject property. Simply filing a copy of the original mortgage or deed of trust may not suffice. Some courts have held that the plaintiff must produce evidence that it is the current owner and assignee of the original note and mortgage. No matter what defenses are set forth in the motion to dismiss, defendants need to be aware that this tactic only puts the foreclosure on hold until the motion can be ruled upon. It does not stop foreclosure entirely, and the defendant will need to file an answer if the motion is denied. Petition or Complaint to Enjoin Nonjudicial Foreclosure Sale and for Declaratory Relief - This form is used to seek injunctive relief under the court’s equitable powers when foreclosure would be inequitable and work irreparable injury, and the complainant has no adequate remedy at law. A declaratory judgment is also requested to have the court determine the rights and obligations between the parties. Petition to Enjoin Foreclosure Sale and Seeking Ascertainment of Amount Owed on Note and Deed of Trust - The courts have inherent power to restrain the sale of mortgaged premises in foreclosure proceedings, but are reluctant to exercise such power except where it is shown that particular circumstances, extrinsic to the instrument, would render its enforcement in this manner inequitable and work irreparable injury, and that complainant has no adequate remedy at law. Furthermore, a party must show a probable right of recovery in order to obtain a temporary injunction of a foreclosure action. Qualifed Written RESPA Request to Dispute or Validate Debt - This letter is a qualified written request in compliance with and under the Real Estate Settlement Procedures Act, 12 U.S.C. Section 2605(e). This form asked a lender, such as a mortgagor, to validate a disputed debt. Request to Lender or Loan Servicer for Loan Modification Due to Financial Hardship - Requesting Change to Fixed Rate of Interest of Adjustable Rate - A loan workout is a series of steps taken by a lender with a borrower to resolve the problem of delinquent loan payments. Steps can include rescheduling loan payments into lower installments over a longer period of time so that the entire outstanding principal is eventually repaid. One of the items lenders often ask for during the loan workout or loan modification process is a hardship letter. A hardship letter is a written explanation as to what has caused you to fall behind on your mortgage. Some of the hardships that that lenders consider during the loan workout process are the following: Illness; Loss of Job; Reduced Income; Failed Business; Job Relocation; Death of Spouse or Co- Borrower; Incarceration; Divorce; Military Duty; and Damage to Property (e.g., natural disaster or fire). Hardship Letter to Mortgagor or Lender to Prevent Foreclosure - This is a hardship letter that may be sent to a lender to prevent foreclosure by requesting their assistance with a short sale, loan modification, refinance, repayment plan, reinstatement, forbearance, or deed in lieu. Examples of hardship explanations are provided. Sample Letter for Short Sale Request to Lender - This is a sample letter that may be sent to a lender to prevent foreclosure by requesting their agreement to a short sale. The letter may be customized to suit your needs. MHA Request for Short Sale - This form is used by a homeowner/borrower to request approval from a lender for a short sale under the Making Home Affordable Program. If you need additional information, please visit www.uslegalforms.com and look up forms by subject matter. You may also wish to visit our legal definitions page at http://definitions.uslegal.com/ III. LEGAL DOCUMENT STORAGE Once you prepare legal documents and forms in your U.S. Legal Forms™ Home Foreclosure Prevention Package, it is highly recommended that you keep forms together. An optional USLegal Life Documents Organizer – small or large size is available for purchase from www.uslegalforms.com to help store you legal documents. Legal documents should also be kept in a very secure place such as a bank safe deposit box or personal home safe. You may wish to tell your attorney or a family member about the location of your Legal Life Documents Package in the event you are unable to communicate it to them when needed. IV. TIPS ON COMPLETING THE FORMS The form(s) in this packet may contain “form fields” created using Microsoft Word or Adobe Acrobat (“.pdf” format). “Form fields” facilitate completion of the forms using your computer. They do not limit your ability to print the form “in blank” and complete with a typewriter or by hand. It is also helpful to be able to see the location of the form fields. Go to the View menu, click on Toolbars, and then select Forms. This will open the Forms toolbar. Look for the button on the Forms toolbar that resembles a shaded letter “a”. Click this button and the form fields will be visible. By clicking on the appropriate form field, you will be able to enter the needed information. In some instances, the form field and the line will disappear after information is entered. In other cases, it will not. The form was created to function in this manner. V. DISCLAIMER These materials were developed by U.S. Legal Forms, Inc. based upon statutes and forms for the subject state. All information and Forms are subject to this Disclaimer: All forms in this package are provided without any warranty, express or implied, as to their legal effect and completeness. Please use at your own risk. If you have a serious legal problem, we suggest that you consult an attorney in your state. U.S. Legal Forms, Inc. does not provide legal advice. The products offered by U.S. Legal Forms (US LF) are not a substitute for the advice of an attorney. THESE MATERIALS ARE PROVIDED “AS IS” WITHOUT ANY EXPRESS OR IMPLIED WARRANTY OF ANY KIND INCLUDING WARRANTIES OF MERCHANTABILITY, NONINFRINGEMENT OF INTELLECTUAL PROPERTY, OR FITNESS FOR ANY PARTICULAR PURPOSE. IN NO EVENT SHALL U.S. LEGAL FORMS, INC. OR ITS AGENTS OR OFFICERS BE LIABLE FOR ANY DAMAGES WHATSOEVER (INCLUDING WITHOUT LIMITATION DAMAGES FOR LOSS OR PROFITS, BUSINESS INTERRUPTION, LOSS OF INFORMATION) ARISING OUT OF THE USE OF OR INABILITY TO USE T HE MATERIALS, EVEN IF U.S. LEGAL FORMS, INC. HAS BEEN ADVISED OF THE POSSIBILITY OF SUCH DAMAGES.