HomeMy WebLinkAbout10-2732UDREN LAW OFFICES, P.C. ATTORNEY FOR PLAINTIFF
MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID #45362
LORRAINE DOYLE, ESQUIRE - ID #34576
ALAN M. MINATO, ESQUIRE - ID #75860 r%a
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CHANDRA M. ARKEMA, ESQUIRE - ID #203437
LOUIS A. SIMONI, ESQUIRE - ID #200869
-ADAM L. KAYES, ESQUIRE - ID #86408
MARGUERITE L. THOMAS, ESQUIRE - ID #204460 _, zrx
,-
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
'
CHERRY HILL, NJ 08003-3620 = Cn
856-669-5400
pleadings@udren.com
U.S.Bank N.A., in its capacity ;COURT OF COMMON PL EAS
as Trustee for the registered =CIVIL DIVISION
holders of Asset Backed
Securities Corporation Home :Cumberland County
Equity Loan Trust 2004-HE6,
Asset Backed Pass-Through
Certificates, Series 2004-HE6
2650 Ingenuity Drive
Orlando, FL 32826
Plaintiff
V.
Laura J. Hughes
123 7th Avenue, € NO. /U -?73?
New Cumberland, PA 17070
Defendant (s)
COMPLAINT IN MORTGAGE FORECLOSURE
YOU HAVE BEEN SUED IN COURT. If you wish to defend against the
claims set forth in the following pages, you must take action
within twenty (20) days after this Complaint and Notice are served,
by entering a written appearance personally or by attorney and
filing in writing with the Court your defenses or objections to the
claims set forth against you. You are warned that if you fail to
do so the case may proceed without you and a judgment may be
entered against you by the Court without further notice for any
money claimed in the Complaint or for any other claim or relief
requested by the Plaintiff. You may lose money or property or
other rights important to you.
0,99.28
YOU SHOULD TARE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT
HAVE A LAWYER GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS
OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF
YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO
PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL
SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE.
LAWYERS REFERRAL SERVICE
Cumberland Count Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
AVISO
Le han demandado a u.sted en la corte. Si usted quiere defenderse
de estas demandas expuestas en las paginas siguientes, usted tiene
veinte (20) dias de plazo al partir de la fecha de la demanda y la
notificacion. Hace falta ascentar una comparencia escrita o en
persona o con un abogado y entregar a la corte en forma escrita sus
defensas o sus objeciones a las demandas en contra de su persona.
Sea avisado que si usted no se dafiende, la corte tomara medidas y
puede continuar la demanda en contra suya sin previo aviso o
notificacion. Ademas, la corte puede decidir a favor del
demandante y requiere que usted cumpla con todas las provisiones de
esta demanda. Usted puede perder dinero o sus propiedades u otros
derechos importantes para usted.
LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE, SI NO TIENE ABOGADO
O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICIO, VAYA EN
PERSONA O LLAME POR TELEFONO A LA OFICINA CUYA DIRECCION SE
ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR
ASISTENCIA LEGAL.
Cumberland Count Bar Association
2 Liberty Avenue
Carlisle, PA 17013
717-249-3166
800-990-9108
NOTICE
The amount of your debt is as stated in the attached document. The name of the creditor
to whom the debt is owed is as named in the attached document. Unless you notify us within
30 days after receipt of this Notice and the attached document that the validity of the stated
debt, or any portion of it, is disputed, we will assume that the debt is valid. If you do notify
us in writing of a dispute within the 30 day period, we will obtain verification of the debt or
a copy of a judgment against you, and mail it to you. If you do not dispute the debt, it is not
an admission of liability on your part. Also, upon your written request within the 30 day
period, we will provide you with the name and address of the original creditor if different from
the current creditor.
If you notify us in writing within the 30 day period as stated above, we will cease collection
of your debt, or any disputed portion of it, until we obtain the information that is required
and mail it to you. Once we have mailed to you the required information, we will then
continue the collection of your debt.
This law firm is deemed to be a debt collector and this Notice and the attached document is
an attempt to collect a debt, and any information obtained will be used for that purpose.
UDREN LAW OFFICES, P.C.
/s/ Mark J. Udren, Esquire
Woodcrest Corporate Center
111 Woodcrest Road, Suite 200
Cherry Hill, NJ 08003-3620
(856) 669-5400
1. Plaintiff is the Corporation designated as such in the
caption on a preceding page. Plaintiff is the legal holder of the
Mortgage that is the subject of this action. Current assignments of
mortgage of record are as follows.
Assignor: New Century Mortgage Corporation
Assignments of Record to: U.S.Bank N.A. as Trustee
Recording Date: 04/09/08 Document No. 200811113
Plaintiff is in the process of formalizing the assignment of
mortgage in its favor for recording.
2. Defendant(s) is the individual designated as such on the
caption on a preceding page, whose last known address is as set
forth in the caption, and unless designated otherwise, is the real
owner(s) and mortgagor(s) of the premises being foreclosed.
3. On or about the date appearing on the Mortgage
hereinafter described, at the instance and request of Defendant(s),
Plaintiff (or its predecessor, hereinafter called Plaintiff) loaned
to the Defendant(s) the sum appearing on said mortgage, which
Mortgage was executed and delivered to Plaintiff as security for
the indebtedness. Said Mortgage is incorporated herein by
reference in accordance with Pa.R.C.P. 1019 (g).
The information regarding the Mortgage being foreclosed is as
follows:
MORTGAGED PREMISES: 123 7th Avenue
MUNICIPALITY/TOWNSHIP/BOROUGH: New Cumberland
COUNTY: Cumberland
DATE EXECUTED: 06/28/04
DATE RECORDED: 07/06/04 BOOK: 1872 PAGE: 3198
The legal description of the mortgaged premises is attached hereto
and made part hereof.
4. Said Mortgage is in default because the required payments
have not been made as set forth below, and by its terms, upon
breach and failure to cure said breach after notice, all sums
secured by said Mortgage, together with other charges authorized by
said mortgage itemized below, shall be immediately due.
5. After demand, the Defendant(s) continues to fail or
refuses to comply with the terms of the Mortgage as follows:
(a) by failing or refusing to pay the installments of
principal and interest when due in the amounts indicated
below;
(b) by failing or refusing to pay other charges, if any,
indicated below.
6. The following amounts are due on the said Mortgage as of
02/08/10:
Principal of debt due $95,134.25
Unpaid Interest at 4.950
from 09/01/09 to 02/08/10
(the per diem interest accruing on
this debt is $13.08 and that sum
should be added each day after 02/08/10) 2,051.96
Title Report 325.00
Court Costs (anticipated, excluding
Sheriff's Sale costs) 280.00
Escrow Overdraft/(Balance)
(The monthly escrow on this account
is $116.17 and that sum should
be added on the first of each
month after 02/08/10) 2,406.21
Late Charges
(monthly late charge of $21.52
should be added in accordance
with the terms of the note
each month after 02/08/10) 107.60
Property Inspection 10.50
Property Valuation 111.00
Suspense Balance (454.16)
Attorneys Fees (anticipated and actual
to 5% of principal) 4,756.71
TOTAL
$104,729.07
7. The attorney's fee set forth above are in conformity with
the mortgage documents and Pennsylvania law, and will be collected
in the event of a third party purchaser at Sheriff's Sale. If the
mortgage is reinstated prior to the sale, reasonable attorney's
fees will be charged in accordance with the reduction provisions of
Act 6, if applicable.
8. The combined notice specified by the Pennsylvania
Homeowner's Emergency Mortgage Assistance Program, Act 91 of 1983
and Notice of Intention to Foreclose under Act 6 of 1974 has been
sent to each defendant, via certified and regular mail, in
accordance with the requirements of those acts, on the date
appearing on the copy attached hereto as Exhibit "A", and made part
hereof, and defendant(s) have failed to proceed within the time
limits, or have been determined ineligible, or Plaintiff has not
been notified in a timely manner of Defendant(s) eligibility.
WHEREFORE, the Plaintiff demands judgment, in rem, against
the Defendant(s) herein in the sum of $104,729.07 plus interest,
costs and attorneys fees as more fully set forth in the Complaint,
and for foreclosure and sale of the Mortgaged premises.
UDREN LAW OFYTCF , P/: C.
BY : / - -' A
Attorneys--or Pl intiff
MARK J. UDREN, ES
CHANDRA M. ARKEMA, ESQUIRE
LOUIS A. SIMONI, ESQUIRE
ADAM L. KAYES, ESQUIRE
MARGUERITE L. THOMAS, ESQUIRE
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Ocwen Loan Servicing, LLC
P.O. Box 24737
West Palm Beach, Florida 33
ocwEN
(Do not send correspondence
November 28, 2009
416-4737
or payments to the above address) WWW.OC'WEN.COM
VIA First Class Mail
VIA Certified Mail (return receipt requested)
Certified Number: 71069017515129856544
Reference Code: 0910
Laura J. Hughes
123 7th Avenue
New Cuaberland, PA 17070-0000
Loan Number: 33667445
Property Address: 123 7th Avenue, New Cuaberland, PA 17070-0000
PLEASE SEE THE ENCLOSED DOCUMENT
EXHIBITA
DACT91.15
This communication is from a debt collector attempting to collect a debt; anv information obtained will be used_for- that purpose.
However, if the debt is in active bankruptcy or has been discharged through banla-uptcv, this communication is not intended as and
does not constitute an attempt to collect a debt
e
Ocwen Loan Servicing, LLC
P.O. Box 24737
West Palm Beach, Florida 3.3416-4737
o c W E N (Do not send correspondence or payments to the above address) «'WW.(K'WEN.CQN4
APPENDIX A
November 28, 2009
ACT 91 NOTICE
TAKE ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgag e on your home is in default, and the lender intend s to foreclose Specific
information about t he nature of the default is provided in the attached pages
The HOMEOWNE R'S MORTGAGE ASSIS TANCE PROGRAM (HEMAP) may be able to help to save your home This
Notice uWains how the program works.
To see if HEMAP can help, you must ME ET WITH A CONSUMER CRED IT COUNSELIN G AGENCY WITHIN
THIRTY (39) DAY S OF THE DATE OF THIS NOTICE Take this Notice with you when you me et with the Counseling
A en .
The name address and phone number of C onsumer Credit Counseling Agencies serving your Coun ty are listed at the end
of this Notice. If you have any questions. you may call the Pennsylvania Housing Finance Agemcy to ll free at
(800) 342-2397 (Pers ons with impaired hearin g can call (717) 780-1869),
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA NOTIFICACION,
OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA AGENCIA (PENNSYLVANIA
HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO MENCIONADO ARRIBA. USTED PUEDE
SER ELEGIBLE PARA UN PRESTAMO POR EL PROGRAMA LLAMADO "HOMEOWNER'S
EMERGENCY MORTGAGE ASSISTANCE PROGRAM" EL CUAL PUEDE SALVAR SU CASA DE LA
PERDIDA DEL DERECHO A REDEMM SU HIPOTECA.
HOMEOWNER'S NAME(S): Laura J. Hughes
PROPERTY ADDRESS: 123 7th Avenue
New Cuaberland, PA 17070-0000
LOAN ACCT. NO.: 33667445
ORIGINAL LENDER: NEW CENTURY MORTGAGE CORPORATION
CURRENT LENDER/SERVICER: OCWEN
DACT91.15
This communication is from a debt collector attempting to collect a debt; anv information obtained will be used for- that purpose.
However, if the debt is in active bankruptcy or has been discharged through banlauptcv, this communication is not intended as and
does not constitute an attempt to collect a debt
e
,
Ocwen Loan Servicing, LLC
Q P.O. Box 24737
West Palm Beach, Florida 3.3416-4 737
0 o w E N (Do not send correspondence or payments to the above address) WWWOL`XVFN.CON4
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS.
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE
ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
OCCUR WITHIN THE NEXT (30) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE ASSISTANCE
YOU MUST BRING YOUR MORTGAGE UP TO DATE THE PART OF THIS NOTICE CALLED"HOW TO CURE
YOUR MORTGAGE DEFAULT" EXPLAINS HOW TO BRING YOUR MORTGAGE UP TO DATE
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency listed
at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this meeting. TIC
names, addresses and telephone numbers of designated consumer credit counseling agencies for the county in which the
property is located are set forth at the end of this Notice It is only necessary to schedule one face-to-face meeting. Advise
your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this
Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable to
resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's Emergency
Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's Emergency Assistance
Program Application with one of the designated consumer credit counseling agencies listed at the end of this Notice. Only
consumer credit counseling agencies have applications for the program and they will assist you in submitting a complete
application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or postmarked within thirty
(30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW
THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST YOUR
HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by the
Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60) days
to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued against
you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania Housing
Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance).
DACT91.15
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose.
However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and
does not constitute an attempt to collect a debt
Ocwen Loan Servicing, -LLC
P.O. Box 24737
O West Palm Beach, Florida 3.3416-4737
O C W E N (Do not send correspondence or payments to the above address) WWW.OC'WEN.COM
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date).
NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 123 7th
Avenue, New Cuaberland, PA 17070-0000
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts
are now past due:
2 payments in the amount of $ 546.50 from October 01, 2009 through November 28. 2009
DETAIL SUMMARY :
Principal and Interest ................................. $ 860.66
Interest Arrearage ..................................... $ 0.00
Escrow .................................................. $ 878.28
Late Charges ........................................... $ 86.08
Insufficient Funds Charges ........................... $ 0.00
Fees / Expenses ........................................ $ 11.08
Suspense Balance (CREDIT) ........................ $ 454.16
Interest Reserve Balance (CREDIT) ................ $ 0.00
TOTAL DUE .......................................... $ 1,381.94
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY
PAYING THE TOTAL AMOUNT :PAST DUE TO THE LENDER, WHICH IS $1,381.94, PLUS ANY MORTGAGE
PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments
must be made either by Money Gram Cashier's Check Certified Check or Money Order made payable and sent to:
OCWEN
P.O. BOX 6440
CAROL STREAM, IL 601974"0
IF YOU DO NOT CURE THE DEFAULT-- If you do not cure the default within THIRTY (30) DAYS of the date of this
Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire outstanding
balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in monthly
installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender also intends
to instruct its attorneys to start legal action to foreclose upon your mortgaged prop.
IF THE MORTGAGE IS FORECLOSED UPON - The mortgaged property will be sold by the Sheriff to pay off the
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begins legal
proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to
$50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender,
which may also include other reasonable costs. If you cure the default within the THIRTY (30) DAY period. you will not
be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all other
sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and prevent
the sale at any time up to one hour before the Sheriff s Sale You may do so by paving the total amount then past due
requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your mortgage to
the same position as if you had never defaulted.
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff's Sale of the
mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the
actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will
increase the longer you wait. You may find out at any time exactly what the required payment or action will be by
contacting the servicer.
DACT91.15
This communication is from a debt collector attempting to collect a debt; arty information obtained will be used for that purpose.
However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and
does not constitute an attempt to collect a debt
Ocwen Loan Servicing, LLC
P.O. Box 24737
O' West Palm Beach, Florida 33416-4737
C C W E N (Do not send correspondence or payments to the above address.) WWW.0C`WEN.C'QM
HOW TO CONTACT THE SERVICER:
Name of Servicer: OCWEN
Address: P.O. BOX 24737
WEST PALM BEACH, FL 33416-4737
Phone Number: 800-310-9229
Fax Number: 407-737-6300
Contact: Early Intervention Dept
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriff's Sale, a lawsuit to remove you
and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or
transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees and
costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW
MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF
YOU CURE THE DEFAULT. (HOWEVER, YOU DO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE
THAN THREE (3) TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
DACT91.15
This communication is from a debt collector attempting to collect a debt; any information obtained will be used for that purpose.
However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not intended as and
does not constitute an attempt to collect a debt
Ocwen Loan Servicing, LLC
P.O. Box 24737
O O W E N Vest Palm Beach, Florida 33416-4737
(Do not send correspondence or payments to the above address.) W'W W.OC'WLN.C(>Nl.
November 28, 2009
VIA First Class Mail
VIA Certified Mail (return receipt requested)
Certified Number: 71069017515129856537
Reference Code: 0910
Laura J. Hughes
123 7th Avenue
New Cumberland, PA 17070-0000
Loan Number: 33667445
Property Address: 123 7th Avenue, New Cuaberland, PA 17070-0000
PLEASE SEE THE ENCLOSED DOCUMENT
DACT91.15
This communication is from a debt collector attempting to collect a debt; any information obtained will be used. for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
C
Ocwen Loan Servicing, LLC
P.O. Box 24737
O `'_° C W E ".W... E N West Palm Beach, Florida 33416-4737
(Do not send correspondence or payments to the above address.) WWW.QCWEN.t`QM
APPENDIX A
November 28, 2009
ACT 91 NOTICE
TAKE. ACTION TO SAVE
YOUR HOME FROM
FORECLOSURE
This is an official notice that the mortgage on your home is in default and the lender intends to foreclose Specific
information about the nature of the default is provided in the attached pages
The HOMEOWNER'S MORTGAGE ASSISTANCE PROGRAM (HEMAP) may be able to help to save your home
This Notice explains how the program works.
To see if HEMAP can help, you must MEET WITH A CONSUMER CREDIT COUNSELING AGENCY WITHIN
THIRTY (30) DAYS OF THE DATE OF THIS NOTICE Take this Notice with you when you meet with the Counseling
Agency.
The name address and phone number of Consumer Credit Counseling Agencies serving your County are listed at the
end of this Notice If you have any questions you may call the Pennsylvania Housing Finance Agency toll free at
(800) 342-2397 (Persons with paired hearing can call (717) 780-1869).
This Notice contains important legal information If you have any questions representatives at the Consumer Credit
Counseling Agency maybe able to help explain it You may also want to contact an attorney in your area. The local bar.
association may be able to help you find a laws
LA NOTIFICACION EN ADJUNTO ES DE SUMA IMPORTANCIA, PUES AFECTA SU DERECHO A
CONTINUAR VIVIENDO EN SU CASA. SI NO COMPRENDE EL CONTENIDO DE ESTA
NOTIFICACION, OBTENGA UNA TRADUCCION INMEDIATAMENTE LLAMANDO A ESTA
AGENCIA (PENNSYLVANIA HOUSING FINANCE AGENCY) SIN CARGOS AL NUMERO
MENCIONADO ARRIBA. USTED PUEDE SER ELEGIBLE PARA UN PRESTAMO POR EL
PROGRAMA LLAMADO "HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM"
EL CURL PUEDE SALVAR SU CASA DE LA PERDIDA DEL DERECHO A REDIMIR SU HIPOTECA.
HOMEOWNER'S NAME(S):. Laura J. Hughes
PROPERTY ADDRESS: 123 7th Avenue
New Cuaberland, PA 17070-0000
LOAN ACCT. NO.: 33667445
ORIGINAL LENDER: NEW CENTURY MORTGAGE CORPORATION
CURRENT LENDER/SERVICER: OCWEN
DACT91.15
This communication is fi-om a debt collector attempting to collect a debt; any information obtained will be used, for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
V
:.....................
Ocwen Loan Servicing, LLC
P.O. Box 24737
.0 C W ... E - N West Palm Beach, Florida 33416-4737
O C W E
(Do not send correspondence or payments to the above address.) W Ww'.0CWEN.C0M
HOMEOWNER'S EMERGENCY MORTGAGE ASSISTANCE PROGRAM
YOU MAY BE -ELIGIBLE FOR FINANCIAL ASSISTANCE WHICH CAN SAVE YOUR HOME FROM
FORECLOSURE AND HELP YOU MAKE FUTURE MORTGAGE PAYMENTS
IF YOU COMPLY WITH THE PROVISIONS OF THE HOMEOWNER'S EMERGENCY MORTGAGE
ASSISTANCE ACT OF 1983 (THE "ACT"), YOU MAY BE ELIGIBLE FOR EMERGENCY MORTGAGE
ASSISTANCE:
IF YOUR DEFAULT HAS BEEN CAUSED BY CIRCUMSTANCES
BEYOND YOUR CONTROL,
IF YOU HAVE A REASONABLE PROSPECT OF BEING ABLE TO PAY YOUR
MORTGAGE PAYMENTS, AND
IF YOU MEET OTHER ELIGIBILITY REQUIREMENTS ESTABLISHED BY
THE PENNSYLVANIA HOUSING FINANCE AGENCY.
TEMPORARY STAY OF FORECLOSURE -Under the Act you are entitled to a temporary stay of foreclosure on
your mortgage for thirt y (30) days from the date of this Notice Dur ing that time you must arrange and attend a "face-
to-face" meeting with o ne of the consumer c redit counseling agenci es listed at the end of this Notice THIS MEETING.
MUST OCCUR WITH IN THE NEXT (30 ) DAYS IF YOU DO NOT APPLY FOR EMERGENCY MORTGAGE
ASSISTANCE YOU MUST BRING YO UR MORTGAGE U P TO DATE THE PART OF THIS NOTICE
CALLED"HOW TO C URE YOUR MORT GAGE DEFAULT" E XPLAINS HOW TO BRING YOUR MORTGAGE
UP TO DATE.
CONSUMER CREDIT COUNSELING AGENCIES - If you meet with one of the consumer credit counseling agency
listed at the end of this notice, the lender may NOT take action against you for thirty (30) days after the date of this
meeting. The names addresses and telephone numbers of designated consumer credit counseling agencies for the county
in which the property is located are set forth at the end of this Notice. It is only necessary to schedule one face-to-face
meeting. Advise your lender immediately of your intentions.
APPLICATION FOR MORTGAGE ASSISTANCE - Your mortgage is in default for the reasons set forth later in this
Notice (see following pages for specific information about the nature of your default.) If you have tried and are unable
to resolve this problem with the lender, you have the right to apply for financial assistance from the Homeowner's
Emergency Mortgage Assistance Program. To do so, you must fill out, sign and file a completed Homeowner's
Emergency Assistance Program Application with one of the designated consumer credit counseling agencies listed at the
end of this Notice. Only consumer credit counseling agencies have applications for the program and they will assist you
iu.submitting 4 completg application to the Pennsylvania Housing Finance Agency. Your application MUST be filed or
eked within#hirty (30) days of your face-to-face meeting.
YOU MUST FILE YOUR APPLICATION PROMPTLY. IF YOU FAIL TO DO SO OR IF YOU DO NOT FOLLOW
THE OTHER TIME PERIODS SET FORTH IN THIS LETTER, FORECLOSURE MAY PROCEED AGAINST
YOUR HOME IMMEDIATELY AND YOUR APPLICATION FOR MORTGAGE ASSISTANCE WILL BE DENIED.
AGENCY ACTION - Available funds for emergency mortgage assistance are very limited. They will be disbursed by
the Agency under the eligibility criteria established by the Act. The Pennsylvania Housing Finance Agency has sixty (60)
days to make a decision after it receives your application. During that time, no foreclosure proceedings will be pursued
against you if you have met the time requirements set forth above. You will be notified directly by the Pennsylvania
Housing Finance Agency of its decision on your application.
NOTE: IF YOU ARE CURRENTLY PROTECTED BY THE FILING OF A PETITION IN BANKRUPTCY, THE
FOLLOWING PART OF THIS NOTICE IS FOR INFORMATION PURPOSES ONLY AND SHOULD NOT BE
CONSIDERED AS AN ATTEMPT TO COLLECT THE DEBT.
(If you have filed bankruptcy you can still apply for Emergency Mortgage Assistance).
DACT91.15
This communication is from a debt collector attempting to collect a debt; any information obtained will be used, for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
c=
....... _...........:..
0 Ocwen Loan Servicing, LLC
P.O. Box 24737
West Palm Beach, Florida 33416-4737
ocweN
(Do not send correspondence or payments to the above address.) WWW.OCWEN.COM
HOW TO CURE YOUR MORTGAGE DEFAULT (Bring it up to date)
NATURE OF THE DEFAULT -The MORTGAGE debt held by the above lender on your property located at: 123 7th
Avenue, New Cuaberland, PA 17070-0000
IS SERIOUSLY IN DEFAULT because:
YOU HAVE NOT MADE MONTHLY MORTGAGE PAYMENTS for the following months and the following amounts
are now past due:
2 payments in the amount of $ 546.50 from October 01. 2009 through November 28. 2009
DETAIL SUMMARY :
Principal and Interest .................................
Interest Anearage .....................................
Escrow ..................................................
Late Charges ...........................................
Insufficient Funds Charges ...........................
Fees / Expenses ........................................
Suspense Balance (CREDIT) ........................
Interest Reserve Balance (CREDIT) ................
TOTAL DUE ..........................................
$ 860.66
$ 0.00
$ 878.28
$ 86.08
$ 0.00
$ 11.08
$ 454.16
$ 0.00
$ 1,381.94
HOW TO CURE THE DEFAULT - You may cure the default within THIRTY (30) DAYS of the date of this notice BY
PAYING THE TOTAL AMOUNT PAST DUE TO THE LENDER, WHICH IS $1,381.94, PLUS ANY MORTGAGE
PAYMENTS AND LATE CHARGES WHICH BECOME DUE DURING THE THIRTY (30) DAY PERIOD. Payments
must be made either by Money Gram Cashier's Check Certified Check or Money Order made payable and sent to:
OCWEN
P.O. BOX 6440
CAROL STREAM, IL 60197-6440
IF YOU DO NOT CURE THE DEFAULT - If you do not cure the default within THIRTY (30) DAYS of the date of
this Notice, the lender intends to exercise its rights to accelerate the mortgage debt. This means that the entire
outstanding balance of this debt will be considered due immediately and you may lose the chance to pay the mortgage in
monthly installments. If full payment of the total amount past due is not made within THIRTY (30) DAYS, the lender,
also intends to instruct its attorneys to start legal action to foreclose upon your mortgaged Property.
l A.&ll+tl &TGAGE i FORECLOSED UPON -- The mortgaged property wilt" be-sold by the SherW
mortgage debt. If the lender refers your case to its attorneys, but you cure the delinquency before the lender begifis legal
proceedings against you, you will still be required to pay the reasonable attorney's fees that were actually incurred up to
$50.00. However, if legal proceedings are started against you, you will have to pay all reasonable attorney's fees actually
incurred by the lender even if they exceed $50.00. Any attorney's fees will be added to the amount you owe the lender,
which may also include other reasonable costs. If you cure the default within the THIRTY (301 DAY ep riod you will not
be required to pay attorney's fees.
OTHER LENDER REMEDIES - The lender may also sue you personally for the unpaid principal balance and all
other sums due under the mortgage.
RIGHT TO CURE THE DEFAULT PRIOR TO SHERIFF'S SALE - If you have not cured the default within the
THIRTY (30) DAY period and foreclosure proceedings have begun, you still have the right to cure the default and
prevent the sale at anytime to one hour before the Sheriffs Sale You may do so by _paving the total amount then
past due plus any late or other charges then due reasonable attorney's fees and costs connected with the foreclosure
sale and any other costs connected with the Sheriff's Sale as specified in writing by the lender and by performing any.
other requirements under the mortgage. Curing your default in the manner set forth in this notice will restore your
mortgage to the same position as if you had never defaulted.
DACT9115
This communication is fi-om a debt collector attempting to collect a debt; any information obtained will be used for that
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
Ocwen Loan Servicing, LLC
P.O. Box 24737
0 C W E N West Palm Beach, Florida 33416-4737
(Do not send correspondence or payments to the above address.) u'WW.OCWEN.CON
EARLIEST POSSIBLE SHERIFF'S SALE DATE - It is estimated that the earliest date that such a Sheriff s Sale of the
mortgaged property could be held would be approximately six (6) months from the date of this Notice. A notice of the
actual date of the Sheriffs Sale will be sent to you before the sale. Of course, the amount needed to cure the default will
increase the longer you wait. You may find out at any time exactly what the required payment or action will be by
contacting the servicer.
HOW TO CONTACT THE SERVICER:
Name of Servicer: OCWEN
Address: P.O. BOX 24737
WEST PALM BEACH, FL 33416-4737
Phone Number: 800-310-9229
Fax Number: 407-737-6300
Contact: Early Intervention Dept
EFFECT OF SHERIFF'S SALE - You should realize that a Sheriffs Sale will end your ownership of the mortgaged
property and your right to occupy it. If you continue to live in the property after the Sheriffs Sale, a lawsuit to remove
you and your furnishings and other belongings could be started by the lender at any time.
ASSUMPTION OF MORTGAGE - You may or X may not (CHECK ONE) sell or transfer your home to a buyer or
transferee who will assume the mortgage debt, provided that all the outstanding payments, charges and attorney's fees
and costs are paid prior to or at the sale and that the other requirements of the mortgage are satisfied.
YOU MAY ALSO HAVE THE RIGHT:
TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT OR TO BORROW
MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT.
TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF.
TO HAVE THE MORTGAGE RESTORED TO THE SAME POSITION AS IF NO DEFAULT HAD OCCURRED, IF
YOU CURE THE DEFAULT. (HOWEVER, YOUDO NOT HAVE THIS RIGHT TO CURE YOUR DEFAULT MORE
THAN THREE (3) TIMES IN ANY CALENDAR YEAR.)
TO ASSERT THE NONEXISTENCE OF A DEFAULT IN ANY FORECLOSURE PROCEEDING OR ANY OTHER
LAWSUIT INSTITUTED UNDER THE MORTGAGE DOCUMENTS.
TO ASSERT ANY OTHER DEFENSE YOU BELIEVE YOU MAY HAVE TO SUCH ACTION BY THE LENDER.
TO SEEK PROTECTION UNDER THE FEDERAL BANKRUPTCY LAW.
CONSUMER CREDIT COUNSELING AGENCIES SERVING YOUR COUNTY
DACT91.15
This communication is from a debt collector attempting to collect a debt; any information obtained wit[ oe usea jor inar
purpose. However, if the debt is in active bankruptcy or has been discharged through bankruptcy, this communication is not
intended as and does not constitute an attempt to collect a debt
E
V E R I F I C A T I O N
The undersigned, hereby states that he/she is the attorney for
the Plaintiff, a corporation unless designated otherwise; that
he/she is authorized to make this Verification and does so because
of the exigencies regarding this matter, and because Plaintiff must
verify much of the information through agents, and because he/she
has personal knowledge of some of the facts averred in the
foregoing pleading; and that the statements made in the foregoing
pleading are true and correct to the best of his/her knowledge,
information and belief and the source of his information is public
records and reports of Plaintiff's agents. The undersigned
understands that this statement herein is made subject to the
penalties of 18 Pa.C.S. Section 4904 relating to unsworn
falsification to authorities.
LAW OFFICES, P.C.
BY:
Att7J. Plaintiff
MARSQUIRE
STUE UIRE
LOR, ES RE
ALA, ESQUI
CHA. EMA, ESQU E
LOUIS A. SIMONI, ESQUIRE
ADAM L. KAYES, ESQUIRE
MARGUERITE L. THOMAS, ESQUIRE
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UDREN LAW OFFICES, P.C.
MARK J. UDREN, ESQUIRE - ID #04302
STUART WINNEG, ESQUIRE - ID #45362
LORRAINE DOYLE, ESQUIRE - ID #34576
ALAN M. MINATO, ESQUIRE - ID #75860
CHANDRA M. ARKEMA, ESQUIRE - ID #203437
ADAM KAYES, ESQUIRE - ID #86408
MARGUERITE THOMAS, ESQUIRE - ID #204460
WOODCREST CORPORATE CENTER
111 WOODCREST ROAD, SUITE 200
CHERRY HILL, NJ 08003-3620
856-669-5400 pleadings@udren.com
U.S.Bank N.A., in its capacity `:COURT OF COMMON PLEAS
as Trustee for the registered :CIVIL DIVISION
holders of Asset Backed `:Cumberland County
Securities
Corporation Home Equity Loan
Trust 2004-HE6, Asset Backed :NO. 10-2732
Pass-Through Certificates,
Series 2004-HE6
2650 Ingenuity Drive
Orlando, FL 32826
Plaintiff
V.
Laura J. Hughes
Defendant(s)
PRAECIPE TO MARK SETTLED, DISCONTINUED AND ENDED
TO THE PROTHONOTARY:
Please mark the above captioned matter SETTLED, DISCONTINUED
ATTORNEY FOR PLAINTIFF
E n *rt3 r,??.
r-D
and ENDED.
Dated: September 9, 2010
UDREN
P. C.
MJU# 10010170-1
BY:
Att?tib PTA,-n i+ff
MARK J UD EN, ESQUIRE
STUAR WI EG, ESQUIRE
LORRA NE D YLE, ESQUIRE
ALAN . MIN TO, ESQUIRE
CHAND M. JkRKEMA, ESQUIRE
ADAM KA ESQUIRE
MARGUERITE THOMAS, ESQUIRE