fine law offices - Loan modification

FINE LAW OFFICES
Charles Fine, Esquire
1111 Route 110; Suite 224
Fanningdale, New York 11735
Tel (631) 773-4504 Fax (631) 577-1934
Dear Client:
Enclosed are the loan modification forms you requested from FEME LAW OFFICES. Congratulations
on your first step toward saving your home and obtaining financial stability. We look forward to working
with you and will make every attempt to ensure the process is as stress free as possible.
Once you have submitted the requested documentation listed below and have submitted your initial
payment, we will process your application immediately. We look forward to representing you in this
matter and will do everything we can to ensure you receive the maximum benefits.
Although we have successfully worked on behalf of our clients with lenders across the country in
reducing interest rates, fixing adjustable rate mortgages, reallocating mortgage arrears and stopping
foreclosures, FINE LAW OFFICES makes no promises in regards to interest rates or terms. This is due
simply to the fact that each individual case will have different variables that may affect the outcome. It is
therefore critical that you provide us with the most accurate information about your situation. This will
assist us in building as strong a case as possible with the maximum amount of leverage to negotiate with.
Please refer to the 'Attorney-Client Agreement' and 'Scope of Services' to review our services. The loan
modification process can take several weeks to several months depending on your situation and your
current lender. If you receive any documentation from your lender during this process, please call your
negotiator immediately and forward it to our office. If you have opted for a payment plan, it is imperative
that your payments are made in a timely fashion to avoid suspension of your file. At no time does FINE
LAW OFFICES recommend our clients to miss mortgage payments.
Homeowner
Please sign to verify you have read the above information.
Best Regards,
FINE LAW OFFICES
I
1.
2.
3.
4.
5.
6.
7.
8.
Complete the Borrower Enrollment Form.
Complete the Financial Worksheet.
Complete the Hardship Letter Worksheet.
Complete and sign the Borrower's Certification & Authorization form.
Complete and sign the Affomej-C/Zm/
Complete and sign the appropriate standard bank/tax forms
If you're going to pay by credit card please complete and sign the credit card authorization form.
Please include the following:
a.
two months checking and savings account statements (all pages)
b.
pay stubs for the last thirty days (note: your lender will require future pay stubs as
your case progresses)
c.
your last 2 years W-2 statements
d.
if self employed - year to date profit and loss statement
e.
if self employed - last 2 years full tax returns (all pages)
f.
rental leases if applicable
g.
if applicable - social security, pension and/or disability statements
h.
your most recent mortgage statement
i.
declaration page of homeowner's insurance policy
j.
property tax bill
k.
any recent utility bill
1.
any documentation that you may feel is relevant (including foreclosure notices)
MONTHLY
EXPENSES
FINANCIAL WORKSHEET
MONTHLY
AMT
BALANCES
INCOME
Mortgage Payment
Gross Salary
Property Taxes / Escrow ?
Overtime
H o m e o w n e r ' s Insurance
Spouse's Gross Salary
Association Fees
Commissions/Tips
Other Mortgages
Bonuses
A u t o m o b i l e Payment
Interest/Dividends
Other A u t o Loan Payment
A l i m o n y / C h i l d Support
A u t o m o b i l e Insurance
Disability
Gasoline
Pension/Retirement
Electricity
Rental Property
Gas/Oil
Other Income
Water / Sewage
TOTAL GROSS INCOME
MONTHLY AMT
0
Garbage
AVAILABLE CASH
Telephone
Cell Phone
Checking
Cable T V
Savings
Credit Cards
A v a i l a b l e Credit
Furniture Loans
A d d i t i o n a l + 3 0 Days
Finance Companies
401
K
TOTAL AVAILABLE
Other Loans
0
Health Insurance ( n o t deducted)
Life Insurance (not deducted)
Total Gross I n c o m e
Taxes (not deducted)
T o t a l Expenses
Donations
DIFFERENCE
Dues/Memberships
I declare that this information is true to the best o f m y
k n o w l e d g e , i n f o r m a t i o n and belief. I realize I w a i v e the
right to any return fee f r o m the Fine L a w O f f i c e should
any o f this i n f o r m a t i o n prove inaccurate o r incomplete.
Medical B i l l s (not insured)
Prescription M e d i c a t i o n s
C h i l d Care
A l i m o n y / C h i l d Support
Tuitions
Applicant Signature
Food/Household
Number o f people in household
Co-Applicant Signature
D r y Cleaning
Uniforms
Other Expenses
Total Expenses & Balances:
0
FIXED or ADJUSTABLE:
0
0
0
0
Date
HOME VALUE:
FINE LAW OFFICES
Charles Fine, Esquire
nil Route 110; Suite 224
Farmingdale, New York 11735
Tel (631) 773-4504 Fax (631)577-1934
Attorney-Client Agreement
Mortgagor:
Mortgagor:
Property Address:
First Mortgage Lender:
Second Mortgage Lender:
Scope of Services
Fine Law Offices shall perform the following loan modification and loss mitigation services for
and on behalf of the mortgagor(s). It is understood by the parties that the list below is
exhaustive, and that not all of the services listed below may be relevant to the mortgagor(s)
loan(s) on the subject property. Additionally, any of the services may be performed out of
sequence as listed here, if appropriate:
PHASE 1
Interview the mortgagor(s), gather and review information about the current loan(s) and terms of
the loan to include:
(1)
A.
B.
Mortgage Loan(s) principal balance, monthly payment amount, mortgage
statements, current interest rate, expected rate and/or payment
adjustments, equity loan(s) payment history and correspondence from
Lender/Servicer(s).
(2) Information about mortgagor(s) income and assets, including: paystubs,
W-2's, 1099 statements, profit and loss statements, benefit awards letters,
retirement and pension benefit statements, annuity statements, child
support and/or alimony payments, federal and state tax returns, schedules
of real estate owned, stock and mutual fund portfolio statements, bank
statements, leases, contribution letters, and any other proof of income.
Assist the mortgagor in preparing a hardship letter.
Prepare and submit to Lender a request for loan modification with
supporting documentation.
PHASE 2
A. The services of Fine Law Offices during this phase focuses upon the vigorous
negotiation of a loan modification offer from Lender to the mortgagor(s). To that end we wiU:
L
2.
3.
Initiate contact with the Lender in order to discuss the content of the
submitted package.
Repeatedly communicate with Lender in order to attempt to negotiate
new and more favorable loan terms on behalf of the mortgagor(s).
Prompdy comply with any request from lender for additional and/or
updated documentation. Mortgagor must comply to our requests
for these documents in a timely manner.
Attempt to successfully accomplish a loan modification and/or work
out assistance for the mortgagor(s).
A SUCCESSFUL LOAN MODIFICATION
A successful loan modification is achieved if we are able to accomplish ANY
of the following:
A.
B.
C.
D.
E.
F.
G.
H.
I.
J.
K.
L.
M.
To bring mortgagor(s) current on an existing mortgage.
To change an adjustable interest rate to a fixed interest rate.
To reduce a fixed interest rate to a lower fixed interest rate.
To reduce the balance of principal of a loan(s).
To reduce adjustable interest rates, including caps.
To arrange for delinquent payment arrearages to be added to
the principal balance of the loan.
To arrange for delinquent payment arrearages to be added to a
longer amortization period.
To arrange for delinquent payment arrearages to be accepted
in an alternative payment plan.
To eliminate or reduce the amount of delinquent payment arrearages.
To arrange for discounted payment in full or to obtain a forbearance
agreement.
To arrange for a trial modification.
To arrange for delivery of a deed in lieu of foreclosure.
To go along with your decision to accomplish a short sale.
SERVICES NOT INCLUDED
The scope of services provided by Fine Law Offices under the terms of this agreement do NOT
include representing the mortgagor(s) before any state or federal court or in any legal
proceedings including, but not limited to, foreclosure actions and bankruptcy proceedings. Fine
Law Offices will gladly represent mortgagor(s) in any foreclosure proceeding, subject to the
execution of a specific retainer agreement for that express purpose. Fine Law Offices will
provide discounted legal fees to those mortgagor(s) who request our representation for such
additional services.
MORTGAGOR(S) DUTIES
Mortgagor(s) agree to be truthful with us, to cooperate, and to keep us informed of any new
information or developments which may come to their attention, such as increase/decrease in
income or loss of employment, which may impact the within request for modification.
Mortgagor(s) shall abide by the terms of this agreement and shall make payments of fee
installments in a timely maimer. Mortgagor(s) will keep us advised as to any changes in address,
telephone numbers, and whereabouts. MORTGAGOR MUST PROMPLY NOTIFY US OF
THE RECEIPT OF A NOTICE OF DEFAULT; NOTICE OF SALE; SUMMONS AND
COMPLAINT; or ANY OTHER NOTICE OR LEGAL PROCEEDING. THE FAILURE TO
GIVE US SUCH TIMLEY NOTICE CAN ADVERSELY AFFECT MORTGAGOR(S)
INTERESTS AND OUR ABILITY TO PERFORM OUR SERVICES AND MAY
POTENTIALLY TERMINATE THIS AGREEMENT. Under no circumstances is mortgagor(s)
to deal directly with Lender after we are retained.
Fine Law Offices reserves the right to discontinue any and all work on the modification if
mortgagor(s) interfere in this process. Mortgagor(s) also agree to promptly comply with our
requests for updated and further documentation.
FEE SCHEDULE
The mortgagor(s) agree to pay Fine Law Offices a flat fee in the sum of $
.
Said sum to be payable as follows:
Upon execution of this agreement, the sum of $
On or before
, the sum of $
.
,
On or before
, the sum of $
.
Mortgagor(s) acknowledges that if installments are not paid as set forth above, we may suspend
work on the matter and/or close out the file until the outstanding delinquent payment is made.
Mortgagor(s) agrees that notwithstanding the timetable set forth above, once we achieve a
successful result, the entire balance shall be and payable.
DISCHARGE AND WITHDRAWAL
The Mortgagor(s) may discharge us at any time. Said discharge shall be by overnight or certified
mail, retum receipt requested. Fine Law Offices may withdraw with either Mortgagor(s) consent
or for good cause. Good cause shall include: Mortgagor(s) failure to comply with the terms of
this agreement; Mortgagor(s) refusal to cooperate or failure to follow our advice with respect to a
material matter, fact or circumstance that would render our continuing representation unlawful or
unethical.
DISCLAIMER OF GUARANTEE
Loan modifications, forbearance agreements and any other agreement to modify existing
mortgage terms are done solely at the discretion of the Lender/Servicer that owns and/or services
the subject loan(s). Accordingly, Fine Law Offices cannot make any guarantee that
Mortgagor(s) will be given a loan modification or any other agreement that may mitigate their
financial obligation.
Notwithstanding that. Fine Law Offices, will at all times diligently represent the mortgagor'(s)
best interests and will at all times act as an advocate for Mortgagor(s).
USE OF EXPERTS AND PROCESSING ASSISTANTS
During the processing of Mortgagor(s) modification request. Fine Law Offices may utilize the
services of LD Consulting Services, Inc., a loss mitigation processing company. That Company
will provide the following services, including but not limited to: pre-qualifying mortgagor(s);
compiling all information and documents relevant to the loans for which requests to modify will
be sent; submitting all relevant documents; and maintaining status on the request(s), including
updating all materials. That Company also advised Fine Law Offices as to the internal policies
and procedures of the various Lenders/Servicers in order to assist us in providing an optimal
strategy for Mortgagor(s). Fine Law Offices will directly oversee that Company in the
processing of the Mortgagor'(s) file.
INCOME TAX CONSEQUENCES
Fine Law Offices advises Mortgagor(s) that there may be adverse income tax consequences
associated with obtaining a loan modification or other successful loss mitigation result. Fine
Law Offices renders no advice regarding income tax issues and we advise Mortgagor(s) to see a
consultation with a qualified tax expert or certified public accountant.
ENTIRE AGREEMENT
This agreement contains the entire agreement between the parties. No other agreement,
statement or promise made on or before the effective date of this agreement will be binding on
either party.
ARBITRATION
In the event that a dispute arises between us relating to the payment of our fees, Mortgagor(s)
may have the right to arbitration of the dispute pursuant to Part 137 of the Rules of the Chief
Administrator of the Courts, a copy of which will be provided upon request.
Date:
Mortgagor:
Mortgagor:
Fine Law Offices
By:
FINE LAW OFFICES
Charles Fine, Esquire
1111 Route 110; Suite 224
Farmingdale, New York 11735
Tel (631) 773-4504 Fax (631) 577-1934
FEE SCHEDULE
TOTAL FEE
$_
PAYABLE AS FOLLOWS
Initial Retainer in the sum of$
due upon execution of your retainer
Second Installment in the sum of $_
due on
Final Installment in the sum of $_
due on
Kindly mal(e all checlcs or money orders payable to CHARLES FINE, ESQ.
You have been given a copy of this Fee Schedule and agree to the above terms. If payments are
not received as set forth above, ALL work will be SUSPENDED. In addition, there will be a
reinstatement fee of $395.00 to re-activate the file.
NAME
Print:
Signature:
Date:
Checks-By-Phone | Written Authorization
Customer Information as stated on checking account
First Name
Last Name
Street Address:
City:
State:
Zip:
Home Phone:
Work Phone:
Customer's Bank and Payment Information:
Bank Name:
Routing Number (9 digits):
Account Number:
Payment Authorization:
Signature:_
,
Date:
I authorize The Law Office of Charles Fine to process my Check-By-Phone payment as an electronic
funds transfer or paper draft and to debit my account for the amount of the transaction as stated
below on the date indicated. A Copy of each check processed will be forwarded to the Customer above.
Date:
Check-By-Phone Amount: $ .
Date
Check-By-Phone Amount: $ _
Date:
Check-By-Phone Amount: $
FINE LAW OFFICES
Charles Fine, Esquire
nil Route 110; Suite 224
Farmingdale, New York 11735
Tel (631) 773-4504 Fax (631) 577-1934
PARTY AUTHORIZATION
Date:
to
or until an agreement has been reached.
To Whom It May Concern:
I,
, give my permission for you to release any and all
information regarding my account(s) to FINE LAW OFFICES and L.D. CONSULTING
SERVICES INC. and any of their Loss Mitigation & Workout Department Agents including
but not limited to Linda Cowan, Shawna Johnson, Jan Kabas, Josephine Mirasola, Lori Mucaria,
Ryan Quadrel, Alberto Soliz regarding my property located at:
You may discuss anything that relates to this property up to and including: mortgage(s), liens or
judgments, medical information, credit reports, or bankruptcy processes. This authorization may
be duplicated and/or sent via facsimile transmission. It is a continuing authorization for said
parties to receive this information until such time as I notify you that it has been revoked.
Borrower 1:
Signature:
D.O.B:
Phone #:
SS#:
Borrower 2:
Signature:
D.O.B:
Phone #:
SS#:
Mortgage 1:
Mortgage 2:
Loan
Loan #:_
Request for Transcript of Tax Return
4506-T
OMB No. 1545-1872
(Rev. January 20TO)
•• Request may be rejected if the form is incomplete or illegible.
Department of the Treasury
Internal Revenue Service
Tip. U s e F o r m 4S06-T to order a transcript or other retum infonmation free of charge. See the product list below. You can also call 1 -800-829-1040 to
order a transcript. If you need a copy of your retum, use F o r m 4506, R e q u e s t for C o p y of Tax R e t u r n . There is a fee to get a copy of your retun>.
la
1b First social security number on tax return or
Name shown on tax return. If a joint return, enter the name shown first.
employer identification number (see instructions)
2a (f a joint retum, enter spouse's name shown on tax retum.
2b S e c o n d social security number if joint tax return
3
Current name, address (Including apt., room, or suite no.), city, state, and ZIP code
4
Previous address shown on the fast return filed if different from line 3
5
If the transcript or fax information is to be mailed to a third party (such as a mortgage company), enter the third party's name, address,
and telephone number. The IRS has no control over what the third party does with the tax information.
'
Cautton. If the trmscript is being mailed to a third party, ensure that you have filled in tine 6 and line 9 tiefore signing. Sign and date the form once you
have fitted in these lines. Completing these steps helps to protect your privacy.
6
a
b
Transcript requested. Enter the tax form number here (1040, 1065, 1120, etc.) and check the appropriate box below. Enter only one tax fonri
number per request K
Return Transcript, which includes most of the line items of a tax retum as fifed with the IRS. A tax retum transcript does not reflect
changes made to the account after the return is processed. Transcripts are onfy available for the following returns: Form 1040 series,
Fonri 1065, Form 1120, Fonn 1T20A, Fomi 1120H, Form 1120L, and Form 1120S. Retum transcripts are available for the current year
and returns processed during, the prior 3 processing years. Most requests wW be processed within 10 business days
D
Account Transcript, which contairvs information on the financial status of the account, such as payments made on the account, penalty
assessments, and adjustments made by you or the IRS after the retum was fifed. Retum information is limited to items such as fax liability
and estimated tax payments. Account transcripts are avaKatrfe for most returns, fvfost requests will be processed within 30 calendar days. .
O
R e c o r d of Account, which is a combination of line item information and later adjustments to the account. Available for current year and
3 prior tax years. Most requests will be processed within 30 calendar days
D
7
Verification of Nonfiling, which is proof from the IRS that you did not tile a retum for the year. Cun-ent year requests are only available
after June 15th. There are no availability restrictions on prior year requests. Most requests wiH be processed within 10 business days. .
D
8
Form W-2, Form 1099 series. Form 1098 series, or Form 5498 series transcript. The IRS can provide a transcript that includes data from
these information retums. State or local information is not included with the Form W-2 information.. The IRS may be able to provide this
transcript information for up to 10 years. Information for the cun-ent year is generally not availabfe until the year after it is filed with the IRS.
For example, W-2 infomiation for 2007, Wed in 2008, will not be available from the IRS until 200ff. If you need W-2 information for retirement
purposes, you should contact the Social Security Administration at 1-800-772-1213. Most requests wHI be processed within 45 days . . .
c
D
Caution^. If you need a copy of Form W-2 or Form 1099, you should first contact the payer. To get a copy of the Form W-2 or Form 1099 filedwith your return, you must use Form 4506 and request a copy of your return, which includes all attachments.
9
Y e a r or period requested. Enter the ending date of the year or period', using the mm/dd/yyyy format. If you are requesting more than four
years or periods, you must attach another Form 4506-T. For requests relating to quarterty tax retums, such as Form 941, you must enter
each quarter or tax period separately.
Signature of taxpayer(s). I declare that I am either the taxpayer whose name is shown on line l a or 2a, or a person authorized to obtain the tax
informaUon requested. If the request applies to a joint retum, either husband or wife must sign, tf signed by a corporate officer, partner, guardian, fax
matters partner, executor, receiver, administrator, trustee, or party other than the taxpayer, I certify that ( have the authority to execute
Form 4506-T on behalf of the taxpayer. Note. For transcripts tieing sent to a third party, this form must tie received within 120 days of signature date.
Telephone number of taxpayer on.
line l a or 2a
Sign
Here
Signature (see instructions)
rrtfe (if line l a
Date
above is a corporation, partnership, estate, or trust)
Spouse's signature
For Prhracy Act and Paperwork Reduction Act Notice, see page 2.
Date
Cat. No. 37667N
Form
4506-T
(Rev. 1-2010)
SECTION 9: BORROWER AND CO-BORROWER ACKNOWLEDGEMENT AND AGREEMENT
1.
I certify that all of the information in this RMA is truthful and the hardship(5) identified above has contributed to submission o f this request for m o r t g a g e
relief
2.
I understand and acknowledge that the Servicer, the U.S. D e p a r t m e n t o f the Treasury, the owner or guarantor of my mortgage loan, or their respective
agents may investigate the accuracy of my statements, may require m e t o provide additional supporting d o c u m e n t a t i o n and that knowingly s u b m i t t i n g
false i n f o r m a t i o n may violate Federal and other applicable law.
3.
I authorize and give permission to the Servicer, the U.S. Department of the Treasury, and their respeaive agents, t o assemble and use a current consumer
report on all borrowers obligated on the loan, t o investigate each borrower's eligibility for MHA and the accuracy of m y statements and any d o c u m e n t a t i o n
that I provide in c o n n e c t i o n w i t h my request for assistance. I understand that these consumer reports may include, w i t h o u t limitation, a credit report, and be
assembled a n d used at any point during the application process t o assess each borrower's eligibility thereafter.
4.
I understand t h a t if I have intentionally defaulted on my existing mortgage, engaged in fraud or if it is determined that any of m y statements or any
information c o n t a i n e d in the documentation that I provide are materially false and that I was ineligible for assistance under MHA, the Servicer, t h e U.S.
Department o f the Treasury, or their respective agents may terminate m y participation in MHA, including any right t o future benefits and incentives that
otherwise w o u l d have been available under the program, and also may seek other remedies available at law and in equity, such as recouping any benefits oi
incentives previously received.
5.
I certify that any property for which I am requesting assistance is a habitable residential property that is not s u b j e a t o a c o n d e m n a t i o n notice.
5.
I certify t h a t I a m w i l l i n g t o provide all requested documents and t o respond to all Servicer communications in a timely m a n n e r I understand that time is of
the essence.
7.
I understand that the Servicer will use the information I provide t o evaluate my eligibility for available relief options and foreclosure alternatives, b u t the
Servicer is n o t o b l i g a t e d t o offer me assistance based solely on the representations in this d o c u m e n t or other d o c u m e n t a t i o n submitted in connection with
my request.
8.
I am willing t o c o m m i t t o credit counseling if it is determined that my financial hardship is related t o excessive debt.
9.
If I am eligible for assistance under MHA, and I accept and agree t o all terms of an MHA notice, plan, or agreement, I also agree that the terms of this
A c k n o w l e d g m e n t and Agreement are incorporated into such notice, plan, or agreement by reference as if set forth therein in full. My first timely payment, if
required, f o l l o w i n g m y servicer's determination and notification o f m y eligibility or prequalification for MHA assistance will serve as my acceptance o f the
terms set forth in t h e notice, plan, or agreement sent to me.
10. I understand t h a t m y Servicer will c o l l e a and record personal i n f o r m a t i o n that I submit in this RMA and d u r i n g the evaluation process, including, b u t n o t
limited to, m y name, address, telephone number, social security n u m b e r , credit score, income, payment history, g o v e r n m e n t m o n i t o r i n g information, and
information a b o u t m y account balances and aaivity. I understand and consent t o the Servicer's disclosure o f my personal information and the terms of any
MHA notice, plan or agreement t o the U.S. Department o f t h e Treasury and its agents, Fannie Mae and Freddie Mac in c o n n e a i o n w i t h their responsibilities
under MHA, companies that perform support services in c o n j u n a i o n w i t h MHA, any investor, insurer, guarantor, or servicer that owns, insures, guarantees, oi
services m y first lien or subordinate lien (if applicable) mortgage loan(s) and t o any HUD-certified housing counselor.
11.
I consent t o b e i n g contacted concerning this request for m o r t g a g e assistance at any e-mail address or cellular or m o b i l e telephone number I have provided
to the Servicer This includes text messages and telephone calls t o m y cellular or mobile telephone.
The undersigned certifies under penalty of perjury that all statements in this d o c u m e n t are true and c o r r e a .
Borrower Signature
Social Security N u m b e r
Date of Birth
Date
Co-borrower Signature
Social Security N u m b e r
Date o f Birth
Date
Page 6 of 7
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