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THE HOMEOWNERS SURVIVAL GUIDE TO

MORTGAGE DEFAULT AND FORECLOSURE

HANDBOOK TO HOPE (H2H)

(COMMUNICATION, MEDIATION AND SETTLEMENT)

(TOOLS, RESOURCES, FORMS FOR MEDIATION AND JUDICIAL FORECLOSURE IN FLORIDA)

By

Dawn M. Rapoport

Attorney at Law


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Copyright 2010 by Dawn M. Rapoport

All rights reserved. Printed and/or created in the United States of America.

No part of this book may be reproduced in any form and by any electronic or

mechanical means including information storage and retrieval systems---

except in the case of brief quotations embodied in critical articles or review--

without permission in writing from the publisher. Purchasers of this book

are granted a limited license to use the forms contained herein for their own

personal use. No claim of copyright is made to any official government

forms reproduced herein.

First Edition 2010

Published by: Self Defense Foreclosure Guide, Inc.

Copy Editor: Diane Howard

Front and back cover design by Jeremy D. Ward and Vivian Theriault

([email protected]).

Digital document and post production services provided by Telijent

Communications, Inc.

ISBN: 978-0-615-40810-1

This book is designed to provide accurate, authoritative, and useful

information and forms about the subject matter covered. The book is sold

with the understanding that the publisher and author are not engaged in

rendering legal, accounting, or other professional service. If legal advice or

other expert assistance is required, the services of a competent, licensed

professional person should be sought.

From a Declaration of Principles jointly adopted by a Committee of the

American Bar Association and a Committee of Publishers and Associations.

This book is not a substitute for legal counsel or representation.

Disclaimer required by Florida statutes


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Purchasers of this book are also granted the right to use the forms contained

herein for their own personal use only. By purchasing this book, this license

limits you specifically to personal use only and all other copyright laws must

be abided by. No claim of copyright is made in any government form or

other portion of any other form or document that is reproduced in this book.

You are free and encouraged to modify the forms to tailor them to meet your

needs and your specific situation.

The author and publisher attempt to provide the most current information

available. However, the United States and your state and local legislature

and courts create, review, modify, and change laws continuously. By its very

nature, the information in our legal system is continuously changing. You

should seek a local attorney or conduct your own research on the laws

applicable to your situation.

CAUTION

THE INFORMATION AND FORMS CONTAINED IN THIS BOOK ARE GENERAL

IN NATURE. YOU WILL NEED TO LEARN ABOUT THE LOCAL RULES AND

PROCEDURES FOR YOUR COUNTY. FURTHER, THE AUTHOR DOES NOT

MAKE AN EXPRESS OR IMPLIED STATEMENT THAT SHE IS AN EXPERT IN

ANY FIELD OF PRACTICE. YOUR PURCHASE AND USE OF THIS

INFORMATION DOES NOT CREATE ANY ATTORNEY-CLIENT

RELATIONSHIP, NOR IS IT THE RENDERING OF LEGAL ADVICE OR SERVICE.

INDEED, THE USE OF THE FORMS IN THIS BOOK WILL NOT GET YOU

THROUGH AN ENTIRE CASE OF FORECLOSURE LITIGATION BUT THEY ARE

PROVIDED WITH THE INTENT OF GIVING YOU INFORMED AND USEFUL

INFORMATION ONLY, PARTICULALY TO GET TO A SETTLEMENT METHOD

CALLED MEDIATION. USE INFORMATION AT YOUR OWN RISK.


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TABLE OF CONTENTS

FORWARD.. 1

1 USING SELF-HELP LEGAL BOOKS.. 2

2 COST/BENEFIT ANALYSIS .... 5

3 LOCAL RULES AND PROCEDURES .. 8

4 INTRODUCTION.................................................................. 11

5 MORTGAGE DEFAULTS HOW WE GOT HERE. 20

6 THE RULES HAVE CHANGED; RECOGNIZE THE TERMS SO YOU CAN

COMMUNICATE. 26

GLOSSARY.. 28

6.1 Accelerate.. 28

6.2 According to our records 28

6.3 Acquiesce 28

6.4 Affidavit of Amounts Due and Owing/Indebtedness. 28

6.5 Alt-A Loans. 29

6.6 Amortizing Loan.. 29

6.7 Appraisal. 29

6.8 Appraisal Reduction Amount.. 29


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6.9 ARM Loans. 29

6.10 Asset-Backed Security (ABS).. 30

6.11 Assignment of Mortgage (AOM). 30

6.12 Balloon Loans.. 30

6.13 Bankruptcy. 30

6.14 Bond.. 31

6.15 Bond Holder (Investor) 31

6.16 Borrower. 31

6.17 By Way Of 31

6.18 Calculate Debt to Income. 32

6.19 Close Date. 32

6.20 Complaint.. 32

6.21 Complete 32

6.22 Conduit. 32

6.23 Conforming Mortgage. 33

6.24 Consult. 33

6.25 Correspondent.... 33

6.26 Cram Down 33

6.27 Credit Score.. 33

6.28 Deed of Trust - see Mortgage. 34

6.29 Default (clerk or court) 34

6.30 Deficiency Judgment 34

6.31 Defendant.. 35


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6.32 Depositor 35

6.33 DTI.. 35

6.34 Extension of Time. 36

6.35 Fixed Rate Loans.. 36

6.36 Foreclosure.. 36

6.37 Government-Insured Loans 37

6.38 Government-Securitized Loans 37

6.39 Government Sponsored Enterprises (GSE).. 37

6.40 Interrogatories 37

6.41 Junk Fees.. 38

6.42 Lender. 38

6.43 Lien Holder 38

6.44 Loan Default 38

6.45 Mediation.. 38

6.46 Mortgage.. 39

6.47 Mortgage Banker. 39

6.48 Mortgage Broker.. 39

6.49 Mortgagor. 39

6.50 Motion. 40

6.51 Net Present Value of the Loan (NPV) 40

6.52 Non-performing Loans.. 40

6.53 Notice of Default.. 40

6.54 Notice of Sale. 41


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6.55 Objection 41

6.56 Option Payment Loans. 41

6.57 Originator.. 41

6.58 Piggyback Loans.. 41

6.59 Plaintiff 42

6.60 Pooling and Servicing Agreement (PSA). 42

6.61 Predatory Loans 42

6.62 Prime Mortgage. 43

6.63 Prime Mortgage Loans.. 43

6.64 Prospectus 43

6.65 Real Estate Mortgage Investment Conduit (REMIC) 44

6.66 Request for Admissions 44

6.67 Request for Production.... 44

6.68 Securitization. 45

6.69 Secondary Market Transaction 45

6.70 Seller/Originator/Sponsor.. 45

6.71 Servicer.. 45

6.72 Sponsor. 46

6.73 Stipulate 46

6.74 Subprime Loans 46

6.75 Summary Judgment 46

6.76 Summons. 47

6.77 Swap 47


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6.78 Table Funding. 47

6.79 Teaser Loans.. 47

6.80 Trust. 47

6.81 Trustee (Document Custodian) 48

6.82 Underwriter.. 48

6.83 Yield Spread Premium (YSP).. 48

7 WHAT YOU NEED TO KNOW ABOUT THE FINANCIAL INDUSTRY

AND BANKS 49

8 LOAN MODIFICATION BASICS. 59

8.1 Forensic Loan Audits.. 63

8.2 Loan Disposition Analysis. 67

9 MEDIATION BASICS AND SETTLEMENT OPTIONS.. 72

9.1 The Loan Default the first step to foreclosure... 79

9.2 Settlement Goals. 82

9.3 Settlement Options.... 84a) Loan Modification...................... 84b) Forbearance Agreement. 84c) Temporary Rate or Payment Reduction...................... 84d) Repayment and Loan Reinstatement Plan. 85e) Refinancing and/or Principal Set Aside Plan. 85f) Reverse Mortgages........................ 86g) Short Sale......................... 87h) Deed in Lieu of Foreclosure 88i) Litigation. 88j) Bankruptcy. 89k) Leaving the Property...... 89l) Abandoning the property.. 90


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9.4 Settlement Proposal. 91

10 GENERAL BANKING AND CONSUMER PROTECTION LAWS

Glass-Steagal Act, Graham Leach Bliley Act, Uniform Commercial

Code, TILA & HOEPA, RESPA, FDCPA & FDUPTA, FHAct, ECOA,and RICO, ILSA and SEC Act of 1933.. 93

10.1 The Glass Steagal Act (GSA) and Graham Leach Bliley Act (GLBA) 94

10.2 Uniform Commercial Code, Article 3. 96

10.3 Truth In Lending Act (TILA).. 102

10.4 Homeowner Equity Protection Act (HOEPA). 107

10.5 Real Estate Settlement Procedures Act (RESPA). 110

10.6 Fair Debt Collection Practices Act (FDCPA). 114

10.7 Equal Credit Opportunity Act (ECOA) 116

10.8 Fair Housing Act (FHAct). 118

a) Enforcing the of Fair Housing Laws.. 119

10.9 Federal (and State) Unfair and Deceptive Trade Practices Act (FDUPTA).. 121

10.10 Interstate Land Sales Act (ILSA) (for investors).... 123

10.11 Uniform Standards of Appraisal Practice (USPAP).. 126

10.12 Helping Tenants in Foreclosure Act of 2009. 128

10.13 The Dodd-Frank Wall Street Reform and Consumer Protection Act

The Mortgage Reform Act.... 128

11 Issues, Claims and Defenses.... 130

11.1 TILA. 131

11.2 RESPA 131


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11.3 Unfair Business Practices. 131

11.4 UCC Violations. 132

11.5 Fraud. 13311.6 Negligence .. 134

11.7 Breach of Fiduciary Duty 134

11.8 Breach of Contract. 135

11.9 Breach of Implied Covenant of Good Faith 13511.10 Quiet Title..... 13611.11 Racketeer Influenced and Corrupt Organizations Act (RICO).. 13911.12 Notes on Issues Seen in Florida Foreclosure Cases.. 141

12 PROCEDURES AND INSTRUCTIONS FOR MEDIATIONS AND

FLORIDA COURT CASES. 144

APPENDIX A GENERAL FORMS FOR MEDIATION.. 158

APPENDIX B FLORIDA COURT FORMS. 196

CASE STUDIES.. 305

RESOURCES.. 309

ABOUT THE AUTHOR 310


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FORWARD BY DR. GARY LACEFIELD

This Nations housing crisis described by many as a tsunami was

created by a rising tide of lender greed and phantom fiscal financial

accountability. Lenders and Wall Street investors are not solely

responsible for this tragedy, as there is plenty of blame to go

around, including you the consumer, the regulators, and yes even

congress. Obviously we cannot change what has happened in the

past, but we can move forward and try to save the homes we are in.

Trying to save your home is a stressful situation to find yourself in.

It is difficult to know who to trust. Do you trust the Lender that

probably helped put you in this situation to begin with? Do you

trust the people who promote that they can cancel your debt and

mortgage note? The airwaves and internet are full of companies

that want to steer you down one path or another. Each of these

groups has one primary interestand it is not you.

While I have seen many sites and tools to choose from to help youresolve your issues with your mortgage, there have been very few

options that spelled out exactly why I got myself into this situation

and realistic options to help me understand what is in my best

interest to save my home. I have found that this book meets those

criteria, that it should be considered a universal tool that will be

useful to everyone who uses it. This tool is priceless as it walks you

through the loan processes, terminology, players, and options

available.

As a homeowner, a parent, and a grandparent I believe that the

book is one of the best keys to learning what resources are

available and how to act quickly. This book will provide you with

the tools to take an active stance to save your home. This book

provides HOPE!


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1 USING SELF-HELP LEGAL BOOKSThere are advantages and disadvantages to doing your own

legal work. When using a self-help law book, you should

recognize this and understand the diligence required when

doing your own legal work.

The cost for legal services can be quite expensive. Because

of this cost, many people look to themselves or non-lawyers

or just give up and do nothing. Particularly when it comes

to foreclosures, people do not want to admit they are in

financial trouble, at least to anyone outside the immediate

family living in the home and, sometimes, not even then.

Further, many courts have a very strange attitude towards

people who do not use attorneys, but this is often because

people simply do not diligently take the time to know how

to communicate with the court and the opposing side.

If you choose to represent yourself in any capacity, there

are some instances where you might be entitled to

money/fees for the work done and for the time you have

spent on your case, but it is not necessarily an absolute. If


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you want to seek some sort of reimbursement for your

costs, time and efforts in a situation where you might have

otherwise been entitled to attorneys fees if you had a

lawyer, you need to make sure you bring to the court, an

itemized, detailed accounting of those costs, and your time

and put a value to that time, this way the court, at the very

least, has something to gage whether or not to award you

money as earned for your time spent on the case, just as a

lawyer would.

This book is written to provide an alternative to the most-

often complicated and confusing legal quagmire found

regarding foreclosures. We have attempted to make many

of the explanations of the law as simple and easy to

understand as possible and provided forms that should be

easy to modify and use. Naturally, unlike an attorney

advising an individual client, this book does not cover every

conceivable possibility to challenge your debt, save your

home, or apply for government programs. But, rest assured,

you are not alone, and you are not the only one seeking to

find an answer or help.

Many turn to the internet for research and information.

However, there are few resources which provide not only

information, but the tools to use that information, and

instructions on how to use those tools, like this book does.


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In fact, this book will direct you to many outside resources

which provide far more detailed information than found

within these pages. This book is pertinent now because the

numbers of foreclosures are staggering and people need

help.


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2 COST/BENEFIT ANALYSISWhenever you purchase a product or service, you face

different levels of quality, quantity and price. Your decision

to make that purchase is based upon an analysis of the cost

versus the benefit received and your willingness to pay for

the quality you desire.

When deciding to do your own legal work, you must use the

same cost/benefit analysis. Although many legal situations

are very straightforward without the need for complicated

legal analysis, foreclosure or residential mortgage debt

related cases can be very complicated. There are also many

ways to interpret legal questions regarding mortgage debt

related issues. The existing books or resources in the

foreclosure-related arena are hundreds of pages long and

often without true usefulness other than simply being

informative. In order to keep this book simple and useful,

case and statute explanations have been condensed.

This simplified resource does not necessarily address every

situation, detail or nuance that might apply to special or


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unusual circumstances in foreclosure actions such as forged

documents, multiple entities involved suing for the same

debt, a creditor suing the wrong person, or fraudulent

documents created in contradiction of the law just to pursue

a default or foreclosure against you (to name just a few),

and you might also come before a judge that doesnt agree

with the author. Further, this book is not represented as a

complete guide, soup to nuts, as might be available in other

types of self-help books such as one for doing your own

divorce or will. But it does provide relevant and useful

information, resources and tools regarding communication

with the banks and courts and others related to this specific

matter, to challenge the amount of your debt, the validity of

your debt, to whom it is owed, and provides some forms,

letters and form documents that you should find useful to

get to and through mediation, settlement and some Florida

court processes.

When you decided to use this self-help book and either do

your own legal work, or look to non-lawyers to do it for you,

a cost/benefit analysis shows your choice to be more cost

effective and more beneficial than doing nothing and losing

your home.

When weighing the benefits as to the costs of self help,

consider that you may actually save money and effort


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because an attorney will not have to charge you to

straighten out disconnected efforts.


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3 LOCAL RULES AND PROCEDURESIt is also extremely important to recognize that a book

which covers the law in general or in a specific state cannot

possibly address every single procedural issue or matter forevery jurisdiction (the location of your case, person, and

subject). The constitutional right to due process,

procedurally and substantively, also varies from state to

state. Some of the forms provided herein will address

federal laws that are incorporated into a states laws and

procedures, but they might not address a specific local

jurisdictions procedures.

In particular, many states and local county jurisdictions are

implementing new procedures to help alleviate the

foreclosure nightmare, while some are not. For example,

every county has started new procedures to comply with

the Florida Supreme Courts Administrative Order onForeclosures requiring or permitting mediation. And, 20

states besides Florida have started some form of mediation

program to be discussed below. Thus, always keep in


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mind that you should look to your local County Clerk of

Court or Federal, State and local County Attorney Bar

Association to seek help, and guidance to the local rules and

procedures. While the goal may be to serve and guide the

public, some information can be confusing, such as, credit

counseling by people without proper licensing and

uneducated about your true rights in court. Too often, this

exhausts money and time which can lead to more

frustration and takes the fight out of you.

But most importantly, remember that this is a general

handbook and that you should not expect to obtain all of the

information and resources you need solely from it. It

should serve as a guide. You also might need to change the

layout of a document or use slightly different language. In

general, the book and the forms in Appendix A are focused

on what you can do to participate in active mediation and

the consumer protection laws and concepts address federal

civil and criminal laws and communicating with the banks,

courts, attorneys and others in a general nature. The forms

in Appendix B are specifically focused on use in Florida

courts. The consumer protection laws and concepts

address national laws and communicating with the banks,

courts and others in a general nature. I also suggest that if

you have been in a trial modification program, you should


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file a request/motion with the court for a temporary

restraining order against the debt collector, servicer and

loan owner during the modification trial period and then

ask the court for an order to show cause why the trial

should not be made permanent.

This book is to help you communicate with the court, bank,

and mediator, properly and effectively. Probably the one

mistake people most often make is to think that just

because another court has ruled a certain way on the issue

before them, that the same will happen for their case.

Another common mistake is to use the wrong language.

Often, you are left with an unfavorable or even harmful

ruling that contradicts to your interests. Even though you

might have the right idea, if you do not communicate it

properly to the court, then you do not do yourself a service

and you actually might harm your situation. You need to

know how to communicate with the court in legal language,

which is not always in laymans terms. All too often,

complex legal forms or language can be misused or laws

may have changed. It is always imperative to look to your

local rules, practices, and procedures in addition to using

this book as a guide.


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4 INTRODUCTIONForeclosures are one of the nations leading issues. Millions

of people are affected because shelter is a basic necessity of

life. Previously, the American Dream was to save up your

money and to own your own home someday. However,

whether you own or rent, it is likely that at some point you

will be faced with a mortgage default or foreclosure issue,

whether you know it or not! Well, the American Dream is

literally at stake here and your fate previously was held by

the banking entities that managed your loan payments,

which have programmed their computers and calculated

and accounted for payments incorrectly and have run the

formula for the new government modification programs

incorrectly. These problems have lead to serious delays that

homeowners have experienced and often left you, the

homeowner facing a foreclosure. With this book, you will

find a comprehensive guide (not intended to complete) to

determining for yourself what your options are. Do not wait

for government programs that may or may not provide

relief, read this book, get educated, empowered and take

action!


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Current foreclosure statistics show that case filings are still

increasing, but bank repossessions are slightly dropping.

Do not be fooled by the numbers in the news. The number

one foreclosure and real estate tracking site, RealtyTrac

rates the top 20 cities with foreclosures as of July 2010 are

located in California, Nevada, Florida, and Arizona.

However, there is hope.

There are two kinds of foreclosure processes which vary

state by state; they are judicial and non-judicial; meaning, a

foreclosure in non-judicial state does not require court

action where a foreclosure in a judicial state requires court

action. There are 37 states that follow the non-judicial

foreclosure process, the remaining states are judicial. And,

in 21 of the states, whether judicial or non-judicial, a

settlement program has been started. Tables for state-by-state identification for foreclosure process and mediation

programs are contained in Appendix A. But, even in some of

those states where foreclosure is non-judicial, it is possible

to get the bank to a mediation or settlement negotiation

conference (as noted above).

Let me say it again - MEDIATION

NEGOTIATION

IS AN

OPTION IN 21 STATES!!!!! The Opportunity is Here! You

Just Need to Know About It and Make Sure to Request It!

The states that have mediation or settlement programs


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available now are: California, Connecticut, Delaware, Florida,

Hawaii, Illinois, Indiana, Kentucky, Maryland, Maine,

Michigan, Nevada, New Jersey, New Hampshire, New Mexico,

New York, Ohio, Oregon, Pennsylvania, Rhode Island, and

Wisconsin.

So, if you live in one of these states, you definitely need to

read this book, and get to a mediation or settlement

conference, and for everyone in the other states, this book is

still a helpful guide to a loan default and to seek a mediation

or settlement conference in a prepared, organized, and

educated fashion. The key to that preparation is outlined in

this book.

In the following chapters, you will find a more detailed

discussion about default and foreclosure solutions, as well

as mediations in each of the states that have programs.Then you can better use the recommendations to prepare,

develop reasonable expectations, and hopefully obtain a

resolution to your mortgage default situation.

Do not let fear paralyze you. Do not give up.

Knowing your rights gives you power. And, knowing the

proper way to communicate with the court and having

reasonable expectations will empower you to have the


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leverage you need to negotiate with the banks and put

reasonable options before the court, the mediator and the

bank.

And, most importantly, what you do not know will hurt you!

You could lose your home for no more reason than simply

because you did not do anything because you did not know

you could!

Only YOU can take action to help yourself!

A lot of information is published and available to explain

what went wrong, but what does that mean to you, right

now? Because of the nature of predatory brokers, realtors,

lenders, and people in general promising you the world and

not being able to change a thing, there is little guidance for a

homeowner/borrower, especially if you are an investor that

got duped in an investment scam; except to hire a lawyer

you might not be able to afford, sell your house, refinance

your house or get guidance from a non-profit organization.

The information that is out in the internet world is often

inapplicable to specific local jurisdictions, like here in

Florida, and you need to understand some of the basics in

the complex legal system regarding foreclosures, even if itjust helps you get to a lawyer.

This book is also written to help the grassroots movement

in this country achieve change and transformation of the


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social and psychological trauma as people are left not

knowing what to do, when to do it or how.

SAVE YOUR FAMILY.

SAVE YOUR HOME.

SAVE YOUR SANITY.

The social stigma of not paying your mortgage is GONE!

Whether or not something happened that caused you to go

in to default on your loan payments, society is finally

recognizing that there has been significant fraud, corporate

malfeasance, and corporate self-dealing and you do not

have to be a victim. There are numerous cases all over the

country where judges recognize this. For example, in the

July 3, 2010 Opinion/Order by Judge Paul A. Magnuson in

Case 6:08-cv-01791-PAM-KRS, FDIC as Receiver for New

South Federal Savings Bank v. Nwaneri, et al, Judge

Magnuson states that the bank acted recklessly in lending

money on a stated income loan.

The banks position will always be that it is you that took

the loan, signed a loan application, were negligent, and did

not pay. But that is simply not always the case and if you

want to keep your home or property, the complex world ofloan defaults and foreclosures is not something you should

be afraid of anymore! So, read on, learn, and take action!


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YOU have a voice, and it needs to be heard.

Each individual situation varies. It is possible to uncover

violations in your loan transaction and the servicing of your

loan. It is possible to access the right information,

determine if your expectations are reasonable, and learn

how to present them. If you know this information, at least

investigate your loan history, then, you might have some

leverage. And, if you are one of the people that have been in

a government sponsored loan modification program for a

trial period and it has not been made permanent, then you

might want to think about hiring a lawyer and/or filing for a

temporary injunction order against the bank from

proceeding in a foreclosure action or sale against you.

The goal here is to be a voice of reason and compromise;

and get you and the bank to the table through the processes

and court programs available. This book provides

information that will empower you to learn about your

rights and help you help yourself.

The lack of ability to get information to homeowners to

defend themselves is a main problem and concern. That is

why this book is written. It provides:

1. General information about using self helpbooks

2. Identifying the cost/benefit


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3. Acknowledgment of direction to local rulesand procedures

4. Introduction5. Mortgage Default and The System How we

got here

6. Glossary/Terminology to help guide youwith your communication with the court,

from plain English to Legalese and Legalese

to plain English

7.

Financial Industry Basics Securitization

8. Loan Modification Basics including loanorigination audits, accounting/escrow

matters and the loan disposition analysis

(Net Present Value Test) you need to take

the fate of your situation back in to your

hands

9.

Mediation Basics, pre - and post - suitsettlement and foreclosure options

10.Description of General Banking andConsumer Protection laws

11.Issues, claims and defenses for foreclosurecases

12.Description and introduction to and ofgeneral concepts of Florida judicial

foreclosure procedure and court legal

documents


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13.Appendix A general financial forms andother documents for you to gather and to use

in mediation or negotiation with the bank

14.Appendix B Florida generic court formsThis book is not all there is, the website,

www.selfdefenseforeclosure.com will be an ongoing

resource for hope, information and tools for you to use and

keep you updated as to the federal and state laws and cases

develop and change;

a place where you can go to find the book in

other languages,

a place you can log in to and create your own

forms to use,

a place for suggestions and updates

a place where you can continue to go to find

that you are not alone, we welcome people to tell

their stories, whether previous successes or messes,

and

a place to find peace of mind that you can stay

focused and educated.

Just keep in mind that this book also does not address in

detail the issues that you may run in to in court.

These are all reasons not only to buy the book, get educated,

empower yourself to take action, but also possibly seek an

at attorney or other professional, for licensed and regulated

assistance. Your home is the most important investment


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you will make. Take action and make affirmative steps to

protect it and your life and family; JUST DONT GIVE UP!


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APPENDIX A

STATE BY STATE FORECLOSURE PROCESS TABLE.. 159

STATE BY STATE MEDIATION PROCESS TABLE... 162

HOMEOWNER CHECKLIST 164

FINANCIAL FORMS. 167

REQUEST FOR APPROVAL OF SHORT SALEHAFA FORM. 178

IRS FORM 4506 REQUEST FOR TRANSCRIPT OF TAX RETURN. 183

FAIR DEBT COLLECTION PRACTICES ACT NOTICE OF DEBT DISPUTE. 186

RESPA QUALIFIED WRITTEN REQUEST... 191


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APPENDIX B FLORIDA COURT FORMS

Florida law and procedure on foreclosures is a series of complex dealings, including the complex

nature of procedural requirements and severe results, serious consideration should be given to

seeking the assistance of an attorney. This author chose specifically not to include certain court

documents because of their complexity and believes the forms provided give a person a fighting

chance to make a presence in court and get a resolution in their favor rather than the typical

severe result of foreclosure and judgment.

FDPCA NOTICE OF DEBT DISPUTE.. 198

NOTICE OF FILING DEBT DISPUTE WITH THE COURT... 203

MOTION FOR EXTENSION OF TIME TO RESPONSE. 205

MOTION TO STRIKE/DISMISS UNVERIFIED OR IMPROPERLY VERIFIED

COMPLAINT... 208

QUALIFIED WRITTEN REQUEST AND DEBT DISPUTE TO SERVICER AND

LAW FIRM. 212

LETTER RESPONSE TO BANKS REGARDING LETTER OF VERIFICATION... 217

MOTION TO DISMISS. 221

MOTION TO ABATE OR DISMISS PROCEEDINGS... 232

ANSWER - GENERAL AND SPECIFIC ADMIT OR DENY

ALLEGATIONS OF COMPLAINT AND AFFIRMATIVE DEFENSE.. 239

NOTICE OF HEARING... 256

NOTICE THAT HOME HAS NOT BEEN ABANDONED............ 259


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MOTION TO REFER CASE TO MEDIATION. 261

CHECKLIST and NOTICE OF NON-COMPLIANCE and PARTICIPATION in

MEDIATION... 264

MOTION TO SET ASIDE DEFAULT AND AFFIDAVIT IN SUPPORT... 267

REQUEST FOR PRODUCTION. 273

BORROWERS REQUEST FOR PLAINTIFFS DISCLOSURE OF INFORMATION

FOR PLAINTIFFS DISCLOSURE OF INFORMATION FOR EDIATION 283

DEFENDANTS MOTION TO DISMISS OR ABATE/FLA. STAT. 57.011 286

DEFENDANTS RESPONSE IN OPPOSITION TO SUMMARY JUDGMENT AND

AFFIDAVIT IN SUPPORT.. 289

PROPOSED ORDER IN BLANK.. 294

OBJECTION AND AFFIDAVIT OF THIRD PARTY TENANT ENTITLED TO STAY OF

WRIT OF POSSESSION 297

TENANTS MOTION TO ENFORCE LEASE AND/OR DETERMINE FAIR MARKET

RENTS 301


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