Mortgage Servicing Litigation Guide
by the National Consumer Law Center©
A. Checklists and Charts
- Checklist for Tracking Compliance with the RESPA Loss Mitigation Rules (MS Word)
- Checklist for reviewing RESPA Loss Mitigation Notices to Borrowers (PDF)
- Mortgage Servicing Claims Chart (PDF)
- Call Log for Pending Loss Mitigation Application (MS Word)
B. Sample Qualified Written Requests
- Sample RFI About a Loss Mitigation Application (MS Word)
- Sample RFI to Obtain Identity of Mortgage Owner (PDF)
- Sample NOE and RFI for a Client Who has Filed for Bankruptcy (MS Word)
- Sample NOE for Dual Tracking Violations (PDF)
- Sample Second NOE (Jeff Golant) (PDF)
C. Sample Complaints
- Complaint regarding loss mitigation; failure to get to complete app, timely evaluate – Mary and Steve Client (MS Word)
- Complaint regarding failure to respond to a QWR/identify holder of a loan – Bonnie Walters (MS Word)
- Complaint regarding failure to timely credit payments, send monthly statements, respond to NOE re payment application –Jane and John Doe (MS Word)
- Complaint raising RESPA claims on behalf of a successor in interest – Complaint in Frank v. JP Morgan Chase (PDF)
- Complaint regarding failure to correct an error – Renfroe v. Nationstar (PDF)
- Complaint regarding failure to respond to a QWR identifying loan mod error – Sutton v. Citi (PDF)
- Complaint regarding failure to respond to a QWR and FCRA Claims –White v. Green Tree (PDF)
- Complaint regarding payment application and QWR – Hastings v. Ocwen (PDF)
D. Legal Authority and Argument
- Brief on RESPA Damages Issues (MS Word)
- Brief on Negligent Servicing (MS Word)
- Brief regarding dual tracking/complete application – Alexander v. Driscoll (PDF)
- Brief regarding loss mitigation rules – Johnson v. Ocwen (PDF)
- Making the Most of NOEs and RFIs (PDF)
- Stopping Foreclosures with the RESPA Servicing Rules (PDF)
- Servicing Transfers During Loss Mitigation (PDF)
- Payment Application Issues (PDF)
E. Sample Discovery Requests
- Interrogatories in a case involving failure to respond to a QWR asking for identity of the loan holder (MS Word)
- Requests for Production in a case involving failure to respond to a QWR asking for identity of the loan holder (MS Word)
- Requests for Admission in a case involving failure to respond to a QWR asking for identity of the loan holder (MS Word)
- Interrogatories in a case involving payment application issues (MS Word)
- Requests for Production in a case involving payment application issues (MS Word)
- Requests for Admission in a case involving payment application issues (MS Word)