This is a checklist that Doucet Gerling provides to its clients to walk through many possible defenses to foreclosure. It takes some time to complete, but is helpful for the firm. It enables you to input data surrounding a pending foreclosure to help us identify whether any particular issues warrant further investigation. While this is designed to cover most situations, you should review your individual situation with your attorney prior to proceeding to ensure all angles are covered.
Please try to complete this questionnaire within the next 3 days.
Skip Over Any Question that You Do not Understand or Cannot Answer. Leave Those Blank.
(Blank if Foreclosure is Not Loan Related)
(Blank if Foreclosure is Not Loan Related.)
A broker's bad actions can be imputed onto the lender via agency law. The current holder can be liable for their conduct by not being a HIDC.
Go to:
https://www.sec.gov/edgar/searchedgar/companysearch.html
Search the name of the company named as trustee, then look for the particular trust. Click on the one you want and open the document called Prospectus.
Open the Complete Submission File and click Ctrl+F on your keyboard to search for:
POOLING AND SERVICING AGREEMENT
Scroll down a little and find the Cutoff Date and Closing Date for this trust.
ABA, forced placed insurance, notice of servicing transfers, how to do one of these, 4 months behind
Sec 34, 32, nominal damages, form resission, finance charge rescission, etc, also not sending statements, not providing payoff quote, signed outside presence, form blank, not given docs on date of closing, emailed docs day later, sign doc waiving right to rescind, payoff quote, not timely crediting payments