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HomeMy WebLinkAbout10-7341r Mortgage Service Center 4001 Leadenhall Road Mt. Laurel, NJ 08054 Attn: Mortgage Mitigation L-? Jane M. Smith, 14 Koser Lane Shippensburg, PA 17257 September 11, 2009 Re: Loan No. 0044744449 Jane M. Smith & Joseph E. Smith, Sr. Dear Representative: Attached is the mortgage modification paperwork. Included is a letter giving full details of our situation. This letter is only an update. On July 8 I requested a mortgage modification. I was told information would be sent to me and I would receive the information within five days. I called five weeks later and was told that it was being processed. When I suggested that the paperwork should be available on line I was told it couldn't be because it had to be processed before it was sent to us. No information had been requested at that time. On August 11 when paying my mortgage payment I discovered that the paperwork and instructions were available through your website. I printed them out and prepared the information you requested and sent them to the fax number provided. When I called yesterday, September 10, I was told that there was nothing ever received and the first request had been denied because there was no financial information. Therefore, I am re-sending the package that was sent on August 12th, including the fax cover sheet from that day. I have updated the bank statements and added my last to payroll advices. 'As ou will notice on the M&T statement I was overdrawn by NO yesterday. This leaves $918 to pay a $1,161 mortgage payment, plus two weeks of gas and groceries. I have been robbing Peter to pay Paul since April when my hours were cut by 25%. 1 was keeping up r, r • oY y sgrorttnfed to i>A You muddy your mortgage payments AN IM?i Or. ?-1`1 19 Act Now! To accept this offer, and see if you qualify for a Home Affordable Modification, fax (856-917- 2816) or send the 9 items fisted below to: Mortgage Service Center 2001 Leadenhall Rd Mail Stop: SV22 - HAMP Processing Mount Laurel, NJ 08054 You must return the requested information no later than 11/07/2009. Use the return envelope provided for your convenience. t 1. Two copies of the enclosed Trial Period Plan signed by all borrowers, 2. Your first month's trial period payment in the amount of $ 758.05, 3. The enclosed Hardship Affidavit completed and signed by all borrowers (no notary required), O 4. A signed and dated copy of the most recently filed IRS Federal Tax form, including all accompanying schedules. 5. A signed and dated copy of the enclosed IRS Form 4506-T (Request for Transcript of Tax Return) for each borrower (borrowers who filed their tax returns jointly may send in one IRS Form 4506-T signed and dated by both of the joint filers), ( 6. Completed Borrower's Financial Statement and Montfdy Expenditures forms (enclosed) for all mortgagors of record. EJ 7. Any utility bill (electric, gas, telephone, etc.) that was sent to your property address within the past 30 days. 1 8. Last two (2) months of bank statements for any and all checking, savings, money market and/or brokerage accounts. O 9. Documentation to verify all of the income of each borrower (including any alimony or child support that you choose to rely upon to qualify). This documentation should Include: For each borrower who is a salaried employee: o copy of the most recent filed federal tax return with all schedules; and V Copy of the two most recent pay stubs. For each borrower who is self-employed: ,J Copy of the most recent filed federal tax return with all schedules, and ? Copy of the most recent quarterly or year-to-date protltlloss statement. For each borrower who has income, such as social security, disability or death benefits, pension, p is assistance, or unemployment: f;>WJGopy of most recent federal tax return with all schedules and W-2 or copies of two most recent Ik n Copy of benefits statement or letter from the provider that states the amount, frequency and duration of the benefit, Social security, disability, death or pension benefits must continue for at least 3 years to be considered qualifying income under this program. Public assistance or unemployment benefits must continue for at least 9 rnonms to be constdereo quatrty?ng income under this program. For each borrower who is relying on alimony or child support as qualifying income: n Copy of divorce decree, separation agreement or other written agreement or decree that states the amount of the alimony or child support anb period of time over which it wig be received. Payments must continue for at least 3 years to be considered qualifying income under this program. LJ Proof of full, regular and timely payments; for example deposit slips, bank statements, court verification or filed federal tax return with all schedules- For each borrower who hats rental income: C1 t • NYVSW IW..VWfW ...Y• WI. WItVVW,yIVVIfIy V{.t INVVK. {?- Supplement Income and Loss. Rental income for qualifying purposes will be 75% of the gross rent. If you have other types of income, cannot locate required documents, or have questions about the documentation required, please contact us at 800-936-8303. You must send in both signed copies of the Trial Period Plan, all required income documentation, and your first trial period payment by 11110712009. If you cannot provide the documentation within the time frame provided, please contact us to request an extension of time to gather your documents. Keep a copy of all documents for your records Don't §MW on l income documentation as copies are acceptable. Your remaining trial period payments in the amount of $ 758.05 per month will be due on or before 12/0112009, 0110112010 and 02101MO. These payments should be sent instead of, not in addition to, your normal monthly mortgage payment. if the trial period payments are made in amounts different from the amount stated your loan may not be modified. If you cannot afford the trial period payments shown above. but want to remain in your home, or if you want to leave your home and avoid foreclosure, please call us at 800-750-2518. We may be able to help you. C1 SL-309-02-E You may be able to make your payments more affordable. Act now to get the help you need! PHH Mortgage October 7. 2009 JANE M SMITH Loan #: 0044744449 JOSEPH M SMITH SR Property Address: 14 KOSER LN 14 KOSER LN SHIPPENSBURG, PA 17257 SHIPPENSBURG, PA 17257 Dear Valued Customer(s): You may qualify for a Home Affordable Modification Trial Period Plan - a way to make your payment more affordable. We have enclosed a customized Home Affordable Modification Trial Period Plan ("Trial Period Plart). If you qualify under the federal govemmenrs Home Affordable Modification Program and comply with the terms of the Trial Period Plan, we will modify your mortgage loan and you can avoid foreclosure. ' PROVIDE THE INFO WE NEED TO HELP YOU Detailed instructions on what you need W do to take advantage of this offer are set forth on the enclosed document entitled "Complete Your Checklist." Generally, you will need to: • Explain the financial hardship that makes it difficult for you to pay your mortgage loan using the Hardship Affidavit (enclosed). • Submit the required documentation of your income. • Make timely monthly trial period payments. The monthly trial period payments are based on the income information that you previously provided to us. They are also our estimate of what your payment will be IF we are able to modify your loan under the terms of the program. If your income documentation does not support the income amount that you previously provided in our discussions, two scenarios can occur: 1) Your monthly payment under the Trial Period Plan may change 2) You may not qualify for this loan modification program if you do not qualify for a loan modification, we will work with you to explore other options available to help you keep your home or ease your transition to a new home. 77771 LET US KNOW THAT YOU ACCEPT THIS OFFER Please let us know no later than 11/07/2009 that you accept the Trial Period Plan. Now is the time to act. We are ready to help you. Please take the steps outlined on the enclosed document "Complete Your Checklist." If you have any questions, please contact us at 800-936-8303. Sincerely, Homeowner Assistance Team ld/ ?? h,/!l IJJJ 1 ti '.SI'ti i' f i. to 'i 4 3P t.a? 4/? Fr SP f y4- .. wK.. ?SRsrs .,??;• .'? _ r is t 9 sC s t s : !' i a s a. ss t.s; sssr8 :;ts Ci i S s yA s 2ss C1 SL-309-02-8 ? . You've got questions. we've got answers. Q. Now long will it take to process my modification request and determine if I qualify for the program? It may take up to 30 days for us to receive and review your documents. We will process your modification request as quickly as possible. Please note, however, that your modification will not be effective unless you meet all of the applicable conditions, including making all trial period payments. Q. What if my trial period payment is less than the payment I currently owe on my loan? We will add the difference between the monthly payment that you currently owe on your loan and the trial period payment to your loan balance and allow you to pay it over the remainder of the modified loan term. 0. What do you do with my first trial period payment If I do not qualify for the program? Your first trial payment will be applied to your existing loan in accordance with the terms of your loan documents. If you don't qualify for the program, we will help you evaluate other options to help you keep your home or ease your transition to a new home. 0. Will a foreclosure occur if I participate in the Home Affordable Modification Program? As long as you comply with the terms of the Trial Period Plan, we will not start foreclosure proceedings or conduct a foreclosure sale if foreclosure proceedings have started. If you fail to comply with the terms of the Trial Period Plan and do not make other arrangements, your loan will be enforced according to its original terms, which quid include foreclosure. Q. What happens to my trial period payments if I do not comply with the terns of the Trial Period Plan? Your trial period payments will be applied to your existing loan according to the terms of your loan documents. 0. If I get a Home Affordable Modification, can my modified loan terms ever revert to the original loan terms? No. This is one of the advantages of the Home Affordable Modification Program. once your loan is modified, the new terms stay in place for the remainder of your ban. 0. Do all borrowers have to sign the Trial Period Plan and other documents? Unless a borrower or co-borrower is deceased or a borrower and co-borrower are divorced, all borrowers who signed the original loan documents or their duly authorized representative(s) must sign the Trial Period Plan, the Modification Agreement and all other required modification documents. If a borrower and co-borrower are divorced and the property has been transferred to one spouse in the divorce decree, the spouse who no longer has an interest in the property in not required to execute the aforementioned documents. Contact your services if it would be difficult or impossible for you to comply with this requirement. 0. Could my trial period payment be more than my current payment? Yes. For example, if your current payment does not include an escrow payment and you are now requited to make monthly escrow payments, your trial perioq payment Could be higher than your current payment. Note, however, that the increase in your payment under these circumstances would be offset by other tax and insurance bills you would no longer have to pay directly as we will pay those for you out of your escrow account. C 1 SL-309-02-8 • Jas what you need to know about the Nome Affordable Modification program. NO FEES. There are no fees under the Home Affiwnfabile Modiftadon Program. TRIAL PERIOD PLAN/MODIFICATION AGREEMENT. The Trial Period Plan is the first step. Once we are able to confirm your income and eligbility for the program, we will finalize your modified loan terms and send you a loan modification agreement ("Modification Agreement'), which will reflect the terms of your modified loan. In addition to successfully completing the trial period, you will need to sign and promptly return to us both copies of the Modification Agreement or your loan can not be modified. NEW PRINCIPAL BALANCE. Past due amounts as of the end of the trial period, including unpaid interest, real estate taxes, insurance premiums and certain assessments paid on your behalf to a third party, will be added to your mortgage loan balance (the "Past Due Arrearage Amount"). If you fulfill the terms of the trial period including, but not limited to, making the trial period payments, we will waive ALL unpaid late charges at the end of the trial period. ESTIMATED MONTHLY PAYMENT. At this time, we are not able to calculate precisely the Past Due Arrearage Amount or the amount of the modified loan payment that will be due after successful completion of the trial period. However, based on information we currently have, your trial period payment should be close to your modified loan payment. As we near the end of the trial period, we will calculate any past due amount to determine your new permanent monthly payment and other modified loan terms. ESCROW ACCOUNT. The terms of your Trial Period Plan and your Modification Agreement will require the servicer to set aside a portion of your new monthly payment in an escrow account for payment of your property taxes, insurance premiums and other required fees. Your current loan may also require escrows. If it does not, the previous waiver of escrows is cancelled under your Trial Period Plan. The Mortgage Service Center will draw on this account to pay your real estate taxes and insurance premiums as they come due. Please note that your escrow payment amount will adjust if your taxes, insurance premiums and/or assessment amounts change, so the amount of your monthly payment that the servicer must place in escrow will also adjust as permitted by law. This means that your monthly payment may change. Your initial monthly escrow payment will be $ 161.5. ESCROW SHORTAGE. There may be an escrow shortage in your escrow account due to the timing of your tax and insurance payments in the amount of $ 630.38. You may pay this amount over a 5 year (60 months) period. This monthly payment has already been included in the monthly escrow payment stated above. N you wish to pay the total shortage now in a lump sum, please contact us. BORROWER INCENTIVE. If your monthly mortgage payment (principal, interest, property taxes, hazard insurance, flood insurance, condominium association fees and homeowner's association fees, as applicable, but excluding mortgage insurance) is reduced through the Home Affordable Modification Program by six percent or more and if you make your monthly mortgage payments on time, you will accrue a monthly benefit equal to the lesser of: (i) $83.33 or (ii) one-half of the reduction in your monthly mortgage payment. As long as your mortgage ban does not become 90 days delinquent, we will apply your accrued monthly benefit to your mortgage loan and reduce your principal balance after each of the first through fifth anniversaries of the month in which the Trial Period Plan is executed. If your modified mortgage loan ever becomes 90 days delinquent, you will lose all accrued but unapplied principal reduction benefits and will no longer be eligible to accrue additional principal reduction benefits even if the mortgage loan is later brought current. CREDIT COUNSELING. If you have very high levels of debt you will be required to obtain credit counseling under the Home Affordable Modification Program. CREDIT REPORTING. If you are more than 30 days past due on your mortgage as of the date of this letter, during the trial period we will report your loan as delinquent to the credit reporting agencies even if you make your trial period payments on tire. HOWLIVer, after your ban is modified, we will only report the loan as delinquent if the modified payment is not received in a timely manner. If you are less than 31 days past due on your mortgage as of the date of this letter, during the trial period, we will report your loan as "current" if your trial payments are made on time. C 1 SL-309-02-8 Investor Loan # 4005521265 HOME AFFORDABLE MODIFICATION TRIAL PERIOD PLAN (Step One of Two-Step Documentation Process) Trial Period Plan Effective Date: November 1, 2009 Borrower JANE M SMITH /JOSEPH E SMITH SR Lender ("Lender"): PHH Mortgage Corporation Date of first lien Security Instrument ("Mortgage°) and Note ("Note"): July 27, 2007 Loan Number: 0044744449 Property Address ("Property"): 14 KOSER LN, SHIPPENSBURG, PA 17257 If 1 am in compliance with this Trial Period Plan (the "Plan") and my representations in Section 1 continue to be true in all material respects, then the Lender will provide me with a Home Affordable Modification Agreement ("Modification Agreement"), as set forth in Section 3, that would amend and supplement (1) the Mortgage on the Property, and (2) the Note secured by the Mortgage. The Mortgage and Note together, as they may previously have been amended, are referred to as the "Loan Documents." Capitalized terms used in this Plan and not defined have the meaning given to them in the Loan Documents. If I have not already done so, I am providing confirmation of the reasons I cannot afford my mortgage payment and documents to permit verification of all of my income (except that I understand that I am not required to disclose any child support or alimony unless I wish to have such income considered) to determine whether I quality for the offer described in this Plan (the *Ofter°). I understand that after I sign and return two copies of this Plan to the Lender, the Lender will send me a signed copy of this Plan if I qualify for the Offer or will send me written notice that I do not qualify for the Offer. This Plan will not take effect unless and until both 1 and the Lender sign it and Lender provides me with a copy of this Plan with the Lender's signature. My Representations. 1 certify, represent to Lender and agree: A. I am unable to afford my mortgage payments for the reasons indicated in my Hardship Affidavit and as a result, (i) I am either in default or believe I will be in default under the Loan Documents in the near future, and (ii) I. do not have sufficient income or access to sufficient liquid assets to make the monthly mortgage payments now or in the near future; B. I live in the Property as my principal residence, and the Property has not been condemned; C. There has been no change in the ownership of the Property since I signed the Loan Documents. D. I am providing or already have provided documentation for all income that I receive (and I understand that I am not required to disclose any child support or alimony that I receive, unless I wish to have such income considered to qualify for the Offer); E. Under penalty of perjury, all documents and information I have provided to Lender pursuant to this Plan, including the documents and information regarding my eligibility for the program, are true and correct; and F. If Lender requires me to obtain credit counseling, I will do so. If there is more than one Borrower or Mortgagor executing this document, each is referred to as T. For purposes of this document words signifying the singular (such as 1") shat include the phaaf (such as `5 ve') and vase versa where appropriate. 2. The Trial Period Plan. On or before each of the following due dates, 1 will pay the Lender the amount set forth below (`Trial Period Payment"), which includes payment for Escrow Items, including real estate taxes. insurance premiums and other fees, if any, of U_S. $758.05. Trial Period Pa ent # Trial Period Payment Due Date On or Before 1 $ 758.05 11/01/2009 2 $ 758.05 12/01/2009 3 $ 758.05 01/01/2010 4 $ 758.05 02/01/2010 The Trial Period Payment is an estimate of the payment that will be required under the modified loan terms, which will be finalized in accordance with Section 3 below. During the period (the "Trial Period") commencing on the Trial Period Effective Date and ending on the earlier of: (i) the first day of the month following the month in which the last Trial Period Payment is due (the "Modification Effective Date") or (n) termination of this Plan, I understand and acknowledge that: A. TIME IS OF THE ESSENCE under this Plan; B. Except as set forth in Section 2.C. below, the Lender will suspend any scheduled foreclosure sale, provided I continue to meet the obligations under this Plan, but any pending foreclosure action will not be dismissed and may be immediately resumed from the point at which it was suspended if this Plan terminates, and no new notice of default, notice of intent to accelerate, notice of acceleration, or similar notice will be necessary to continue the foreclosure action, all rights to such notices being hereby waived to the extent permitted by applicable law; C. If my property is located in Georgia, Hawaii, Missouri, or Virginia and a foreclosure sale is currently scheduled, the foreclosure sale will not be suspended and the lender may foreclose if 1 have not made each and every Trial Period Payment that is due before the scheduled foreclosure sale. If a foreclosure sale occurs pursuant to this Section 2.C., this agreement shall be deemed terminated; D. The Lender will hold the payments received during the Trial Period in a non-interest bearing account until they total an amount that is enough to pay my oldest delinquent monthly payment on my loan in full. If there is any remaining money after such payment is applied, such remaining funds will be held by the Lender and not posted to my account until they total an amount that is enough to pay the next oldest delinquent monthly payment in full; E. When the Lender accepts and posts a payment during the Trial Period it will be without prejudice to, and will not be deemed a waiver of, the acceleration of the loan or foreclosure action and related activities and shall not constitute a cure of my default under the Loan. Documents unless such payments are sufficient to completely cure my entire default under the Loan Documents; F. If prior to the Modification Effective Date, (i) the Lender does not provide me a fully executed copy of this Plan and the Modification Agreement; (ii) I have not made the Trial Period payments required under Section 2 of this Plan; or (iii) the Lender determines that my representations in Section 1 are no longer true and correct, the Loan Documents will not be modified and this Plan will terminate. In this event, the Lender will have all of the rights and remedies provided by the Loan Documents, and any payment I make under this Plan shall be applied to amounts I owe under the Loan Documents and shall not be refunded to me; and Documents will not be modified unless and until (i) 1 meet all of the conditions required for modification, (n) I receive a fully executed copy of a Modification Agreement, and (iii) the Modification Effective Date has passed. 1 further understand and agree that the Lender will not be obligated or bound to make any moMimition of the Loan Documents if I fail to meet any one of the requirements under this Plan. 3. The Modtfication. I understand that once Lender is able to determine the final amounts of unpaid interest and any other delinquent amounts (except late charges) to be added to my loan balance and after deducting from my loan balance any remaining money held at the end of the Trial Period under Section 2.13. above, the Lender will determine the new payment amount. If I comply with the requirements in Section 2 and my representations in Section 1 continue to be true in all material respects, the Lender will send me a Modification Agreement for my signature which will modify my Loan Documents as necessary to reflect this new payment amount and waive any unpaid late charges accrued to date. Upon execution of a Modification Agreement by the Lender and me, this Plan shall terminate and the Loan Documents, as modified by the Modification Agreement, shall govern the terms between the Lender and me for the remaining term of the loan. 4. Additional Agreements. I agree to the following: A. That all persons who skated the Loan Documents or their authorized representative(s) have signed this Plan, unless a borrower or co-borrower is deceased or the Lender has waived this requirement in writing. B. To comply, except to the extent that they are modified by this Plan, with all covenants, agreements, and requirements of Loan Documents, including my agreement to make all payments of taxes, insurance premiums, assessments, Escrow Items, impounds, and all other payments, the amount of which may change periodically over the term of my loan. C. That this Plan constitutes notice that the Lender's waiver as to payment of Escrow Items, if any, has been revoked, and I have been advised of the amount needed to fully fund my Escrow Account_ D. That all terms and provisions of the Loan Documents remain in full force and effect, nothing in this Plan shall be understood or construed to be a satisfaction or release in whole or in part of the obligations contained in the Loan Documents. The Lender and I will be bound by, and will comply with, all of the terms and provisions of the Loan Documents. E. Notwithstanding anything herein to the contrary, if my final two Trial Period Payments are received by Servicer after the close of business on the 15th calendar day of the last month of the Trial Period but before the end of the Trial Period, I agree that the Trial Period shall be extended by one calendar month (the "Additional Trial Period"). I agree to abide by all terms and provisions of this Trial Period Plan during the Additional Trial Period. In addition, I agree to make a Trial Period Payment in the amount of $ 758.05 no more than 30 days after the last due date listed in the chart in Section 2 above. In Witness Whereof, the Lender and I have executed this Plan. Lender (Seal) 0-13-6) By: Date Date C1S4-309-02-8 Home Affordable Modification Program Hardship Affidavit Borrower Name (firA middle, Co-Borrower Name (fast, mid Property Street Address: Property City, ST, Zip: Servicer: Loan Number: Date of Birth: ta" ? 9?1'17 Date of Birth: jl In order to qualify for f Ad 's ("Servicee) offer to enter into an agreement to modify my ban under the federal govemmenYs Home Affordable Modification Program (the "Agreement'), (lwe amiare submk&q this form to the Servicer and indicating by my/our checkmarks (*e) the one or more events that contribute to my/our difficulty making payments on mylour mortgage loan. SWIMW coaan ftw NO Yes ? E] PQ My income has been reduced or lost. For example: unemployment, underemployment, reduced job hours, reduced pay, or a decline in self- employed business earnings. 1 have provided details below under Explanation.' Yes No Yes No ( ? Pq ? My household financW circumstances have changed. For example: death in family, serious or chronic illness, permanent or short-term disability, increased family responsibilities (adoption or birth of a child, taking care of elderly relatives or other family members). I have provided details below under Explanation.' Yes Yes No ? Q? ? My expenses have increased. For example: monthly mortgage payment has increased or will increase, high mew and health-cane costs, uninsured losses (such as those due to fires or natural disasters), unexpectedly high utility bills, increased real property taxes. 1 have provided details below under 'Explanation." Yes No es No ? ? My cash reserves are insufficient to maintain the payment on my mortgage loan and cover basic living expenses at the same time. Cash reserves include assets such as cash, savings, money market funds, marketable stocks or bonds (excluding retirement accounts). Cash reserves do not include assets that serve as an emergency fund (generally equal to three times my monthly debt payments). I have provided details below under "Explanation.' Yes No Yes No ? t9 ? X My monthly debt payments are excessive, and I am overextended with my creditors. I may have used credit cards, home equity loans or other credit to make my monthly mortgage payments. I have provided details below under "Explanation 'e5 Yes El No ? Nr There are other reasons llwe cannot make our mortgage payments. i have provided details below under "Explanation " Lordship Affidati it Page 1 of April 2004 GI SL-309-02-8 The following information is mWested by the federal government m order to monitor compliance with federal statutes that prohibit diumminabon in housing. You are not required to fah this Information, but are encouraged to do so. The law provides that a lender or sercicer may not discriminate either on the basis of this information, or on whether you choose to furnish it If you fmnish the information, please provide loth ethnicity and race. For race, you may check more than one designatiom If you do not furnish ethnicity, race, or sex, the leader or servicer is required t0 note the information on the basis of visual observation or surname if you have made this request for a loan modification in person. If you do not wish to furnish the information, please check the box below. BORROWER 1 do not 110 to kmish Utis ittlorrrtabOrt r do not V ft 10 forlish titt5 llfornlabon Ethrtiehy Kspank or LAW IR Not Hispanic or Labno Elfpieity: hispanic or LAW Not Hispanic or Ladno Race: American Man or Alaska Native O Asian ? lilac[ or Ahkan AnwIcan ? Native Hawaiian or other Pacific islander white Race: American Man or Alaska Native ? Asian ? Nadi or Mdm American ? Nabre Hawaiian or Otirer Padk Islander 5Q while sex: Female sex: Female TO be Comp k6d by hRUriewrr hierviewer`s Name oft or type) NanelAdMess of kd&*Ws Employer Fa0e4D43 a WeMew biervtetterr's SON&" Date tllafl - - M TdMho ne Interviewer's Phone Mmt w (r4jde area node) Itiernet Borrower/Co-Borrower Acknowtedttement 1. Under penalty of perjury, I/we certify that all of the infatuation in this affidavit is truthful and the event(s) identified above has/have contributed to my/our need to modify the terms of my/our mortgage loan. 2. Uwe understand and acknowledge the Servicer may investigate the accuracy of my/our statements, may require melus to provide supporting documentation, and that knowingly submitting false information may violate Federal law. 3. Uwe understand the Servicer will pull a current credit report on all borrowers obligated on the Note. 4. I/we understand that if Uwe have intentionally defaulted on my/our existing mortgage, engaged in fraud or misrepresented any fact(s) in connection with this Hardship Affidavit, or if l/we do not provide all of the required documentation, the Servicer may cancel the Agreement and may pursue foreclosure on my/our home. 5. Vwe certify that my/our property is owner-occupied and I/we have not received a condemnation notice. 6. Uwe certify that I/we am/are willing to commit to credit counseling if it is determined that mylour financial hardship is related to excessive debt. 7. I/we certify that Uwe am/are willing to provide all requested documents and to respond to all Servic er communication in a timely manner. Itwe understand that time is of the essence. Hardship Affidavit Page 2 of 4 April 2009 Cl SL-309-02-8 Jane M. Smith 14 Koser Lane Shippensburg, PA 17257 October 6 , 2009 Mortgage Service Center 4001 Leadenhall Road Mt. Laurel, NJ 08054 Attn: Mortgage Mitigation Supervisor Re: Loan No. 0044744449 Jane M. Smith & Joseph E. Smith, Sr. Dear Representative: On September 10th I talked to Gabriel Sanchez about the fact that I had a mortgage modification request pending, with the first request being made on July'8th, and that I was not able to come up with the entire $1,161 for the mortgage payment, however I could pay the payment of $1002 and pay the remainder required for the escrows on the 25th. I was told that I could not make a "partial payment." I should just hold that amount and send in the entire payment on the 25th. When I asked about possibly waiving the late fee I was told I needed to pay the entire amount and then make a request to waive the late fee. When I made my payment by internet on the 27th I could only pay the amount which included the $50 late fee. I made the payment with the late fee. Today (October 6th) I called again, since there is now another payment due, and spoke to Tenali and asked about the status of the mortgage modification and about reversing the late fee I paid in September. She said that the mortgage modification was in the second stage of review but that since I paid the late fee that it could not be refunded or reversed. I explained that I was told that I should pay it, I had no choice but to pay it because it would not accept any other number on the payment, and I was following the instructions of the person I had talked to previously. Tenali informed m ?? ,r 0 that she was right and the other person was wrong and there was nothing could be done about it. .I am requesting that this late fee be reversed since the followed the instructions of Gabriel Sanchez. Hopefully I will receiving something shortly on the mortgage modification since my first request was on July Sth. Sincerely, Jane M. Smith 2001 Bishops Gate Boulevard Tel 866-483-3151 Mt. Laurel NJ 08054 Fax 856-917-8300 October 23, 2009 Loan Number: 0044744449 JANE M SMITH JOSEPH E SMITH SR 14 KOSER LN SHIPPENSBURG, PA 17257 Re: Home Affordable Modification Review Dear JANE M SMITH and JOSEPH B SMITH SR: On March 4, 2009, the Federal Government enacted a new mortgage loan modification program (Home Affordable Modification Plan) as part of the Homeowner Affordability and Stability Plan (HASP). As your servicer, we are required to review all delinquent loans for a Home Affordable Modification if your loan is invested by Fannie Mae or Freddie Mac and is over 31 days delinquent. We are also required to review loans that are less than 31 days delinquent when the borrower seeks assistance due to an imminent threat of default. After a review of your loan and information that you have previously provided to us, we have determined that you are not eligible to participate in this program for the reason listed below: In reviewing your current monthly mortgage payment of $1,153.91, we have determined that you are not eligible for the Home Affordable Modification Plan. In order to be eligible, your total monthly mortgage payment would need to be greater than 31V of your total monthly gross income of $4,043.75, which you provided to us on or about 10/06/2009. If you believe the information used to make this determination is inaccurate, please contact us immediately at 800-936-8303. We will work with you to explore other options that may be available to you. Our goal is to help you through this difficult time. A Homeowner Assistance representative will contact you within 30 days to discuss your situation and see what other foreclosure alternatives may be available for you. Sincerely, Donna Sharples Director, Home Affordable Modification Team LM049 002 Loan Number: 0044744449 Log in to MortgageQuestions.com -your servicing mebsite connection. n ? ht ERA YOOTOAOE 2001 Bishops Gate Boulevard Mt. Laml NJ 08054 February 16, 2010 Jane M Smith Joseph S Smith Sr 14 Moser Ln Shippensburg, PA 17257 • Tat 866-483-3151 Fax 856-917-8300 Loan Number: 0044744449 _ - Notice of -incomplete Application -for- -Rome--Affardable -Modifi-cation- Program-- Dear Jane M Smith : Thank you for your interest in the Home Affordable Modification Program (RAMP). We acknowledge receipt of your financial package requesting consideration for a loan workout. A preliminary review of the documents you submitted indicates that supplemental information is needed to process your request. The following items are still outstanding: - Signed tax return - 2nd month of bank statement for M&T account You may send these missing items to our HAW Underwriting Team using any one of the following methods: - Fax at 856-917-2816 - Mail at 2001 Bishops Gate Blvd, Mail Stop SV-51, Mt. Laurel, NJ 08054 - Email at www.mortgageVestions.com Upon receipt of all documents and information, we will continue evaluating your request for assistance. If we do not receive all of the requested documents and information, we will not be able to give further consideration to your request and will discontinue processing your application. You will then need to comply with the terms and conditions of your current mortgage. If you are not able to gather all of the information requested, or will not be able to provide all of this documentation and information to us by 02/23/2010, please contact our Homeowner s Assistance team immediately at 1-800-936-8303. Sincerely, Sharon Means HAMP Underwriting HM004 6MM Log in to MonVageQuestgioAacom -your servicing website connection. • Jane M. Smith 14 Koser Lane Shippensburg, PA 17257 April 8, 2010 ERA Mortge Attn: Ho owner's Assistance 2001 Bishops Gate Rd. Mt. Laurel, MD 08054 Fax No. : 856-917-2816 Re: Loan No. 0044744449 Dear Ms. Means: I have been looking for my 2008 tax returns and have not been able to find them. You have a signed consent for you to get them from IRS. I have made calls on several occasions to the number in the letter and have not been able to hold for the long period needed and when I have made my payments I have brought this subject up to the person making the payment and they say I need to talk to your department. I am attaching the latest two months of our M & T bank statement. This is only available on line since I am signed up for on-line only statements. I have just received our 2009 tax returns and am attaching a copy of the Federal return. As you can see, this adds more to the problems we already have since we have a balance owing of almost $2,700. We have made the requested payments, plus one, under the agreement and we are requesting that the mortgage modification be finalized. Sincerely, Jane M. Smith • a ELPING YOU STAY IN YOUR HOME. Mortgage Service Center 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 June 30, ZU10 JANE M SMITH JOSEPH E SMITH SR 14 KOSER LN SHIPPENSBURG. PA 17257 Dear JANE M SMITH and JOSEPH E SMITH SR: LJ Alv 7: ., MAKING H()."41 AFFORDABL-E Loan Number: 0044744449 Your request for a Home Affordable Modification Plan (RAMP) was carefully considered and we regret that we are unable to approve your request at this time. Our decision is based on the following reason(s): yo,Er curre ii Inonthly h0U,ir1g expense, which irr-iurles the rttonthly principal and interest payment on yutir first lien mortgage loan plus property taxes, hazard insurance, and homeowner's dues (if any, is ss ti-,w i c r equal to 31 ° of your gross monthly income (your income before taxes and other >> + ,,r vl?tch. vv e vefiied as 55430.86. Your mousing expense must he greater than 311/0 of your 91'(65 inc;iltinly income to be eligible for this program. Our a: l !on was based in whole or in part on information obtained in a report from the consun,er _)rtin4 arienci€3s i;tii-d helow. You have a right under the Fair Credit Reporting Act to know the iin-itio % contc`ri tFr it? Y'our credit file at tll GOIlSUmer reporting agency. The reporting agencies played no part in our recision and are !.enable to supply specific reasons why we have denied credit to yo;_i. You 4ilso have tl',' right to a free copy of your credit report from the reporting agencies, if you r-,quest it 1o later than 60 rl;- ys after you receive this notice. In addition, if you find tt,_at any information contained in the report you, receive is inaccurate or incomplete, you have a right to dispute the matter with the reporting agency. Equifax PO Box 740241 Atiania, 1'IA 303-14-U241 1-800-685-1111 If you believe the information used to make this determination is inaccurate, please contact our HAMP team immediately at 800-936-8303. Otherwise, we will work with you to explore other options that may be available to you. For example, if your financial hardship is temporary, we may be able to help you keep your home and avoid foreclosure via a repayment plan or a loan modification. If you are experiencing a long-term or permanent financial hardship, we may be able to help you avoid foreclosure as well, but it may require selling your home (pre-foreclosure or short sale) or voluntarily giving up the deed to your property (deed-in-lieu). _9 For additional assistance, HUV sponsors housing counseling agencies througlat the country that can provide you advice on foreclosure alternatives, budgetary issues, and even assistance with understanding this notice (simply ask for'MHA HELP'.) There is no fee for this service. If you would like assistance, you can contact a HUD-approved housing counselor at the HOPE Hotline number which is 1-888-995-HOPE. We also provide links to valuable Homeowner's Assistance resources on our web site. We encourage you to visit. As always, please contact the Homeowner's Assistance Department if you have any questions or need additional information about our Homeowner Assistance Programs. Sincerely, Mike Danlag Vice President Home Affordable Modification Team NOTICE: The Federal Equal Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is: Federal Trade Commission Equal Credit Opportunity Washington, DC 20580 • Windows Live Hotmail Print Message Page 1 of 1 -, • • Re: In reference to this web site From: Customer Service (MBS) (Customer.Service@mortgagesvcs.com) Sent: Fri 9/17/101:43 PM To: yappymutts@hotmaii.com Dear Valued Customer, Thank you for your inquiry. You will receive a response from one of our Customer Service Specialists within 24-48 business hours. Monday through Friday. Please do not respond to this message. Sincerely, Mortgage Service Center TRACIUNG NUMBER: A00001992724-00009402626 This response powered by Brightware. -----Original Message----- From: yappymutts@hotmaii.com To: CUSTOMERSERVICE Subject: In reference to this web site A Question Comment from Jane Smith Loan Number 0044744449 Phone Number 717-532-5307 I need to have a breakdown of how my payments were distribued between June of 2009 and currently. For example how much to principal, how much to interest, how much to escrows and how much to "Advance." Please advise if you will give this information by mail or email. Either is acceptable to me. I have tried to request this information over the phone but all I do is get passed back and forth and no one can help. This message originated from MortgageQuestions.com Business source MortgageQuestions.com http://b1157w.blul 57.mail.live.com/maillPrintMessages.aspx?cpids=181734af-c283-11 df... 11/13/2010 Windows Live Hotmail Print V age is Page 1 of 2 RE: In reference to this web site From: Customer Service (MBS) (Customer.Service@mortgagesvcs.com) Sent: Thu 9/23/10 3:58 PM To: yappymutts@hotmail.com Dear Jane Smith, Thank you for using our email service. In reference to your request to re-post the statements for the past 12 months, please be advised that those information are made available on www.mortgagequestions.com under Statement tab, select Activity and you will be able to view your payment activity such as payments received and even escrow disbursements. From that page you can click any transaction even for the past 12 months to view and even print out the details. Once you click the underlined payment description, another window will pop up showing that specific transaction and will see how it was applied accordingly. If you have any further questions or concerns, please let us know. Sincerely, Ana Michele Trajano e5ervice Specialist Mortgage Service Center -----Original Message----- From: yappymutts@hotmail.com Sent: Friday, Sep 17 2010 01:43 PM To: customerservice Subject: In reference to this web site A Question Comment from Jane Smith Loan Number 4449 Phone Number 717-532-5307 I need to have a breakdown of how my payments were distribued between June of 2009 and currently. For example how much to principal, how much to interest, how much to escrows and how much to "Advance." http:llb1157w.blul 57.mail.live.com/maillPrintMessages.aspx?cpids-e3f83858-c74c-11 df-... 11/13/2010 Windows Live Hotmail Print Message Page 2 of 2 Please advise if you will give this information by mail or email. Either is acceptable to me. I have tried to request this information over the phone but all I do is get passed back and forth and no one can help. This message originated from MortgageQuestions.com Business source MortgageQuestions.com http://b1157w.blul 57.mail.live.com/mail/PrintMessages.aspx?cpids=e3f83858-c74c-11 df-... 11/13/2010 Windows Live Hotmail Print Message Page 1 of 1 Re: In reference to this web site From: Customer Service (MBS) (Customer.Service@mortgagesvcs.com) Sent: Fri 9/17/101:34 PM To: yappymutts@hotmail.com Dear Valued Customer, Thank you for your inquiry. You will receive a response from one of our Customer Service Specialists within 24-48 business hours. Monday through Friday. Please do not respond to this message. Sincerely, Mortgage Service Center TRACIUNG NUMBER: A00001992714-00009402580 This response powered by Brightware. -----Original Message----- From: yappymutts@hotmail.com To: CUSTOMERSERVICE Subject In reference to this web site A Question Comment from Jane Smith Loan Number 0044744449 Phone Number 717-261-3851 I have been advised I have been charaged a late fee on my account. Please tell me how I should make a payment I can t do it on the internet because it is not serviceable. I called on Sept. 15 at 1115, I got put on hold to talk to three different departments and nobody would take a payment At 1158 I told the fourth person I talked to that my husband had just called my cell phone, that he had fallen and needed me to take him to the hospital to be checked. He said he would be right back. He put me on hold for 10 more minutes before I hung up because I had to get my husband to the hospital. I also advised all of the people that I was at work and had to get off the phone. they put me on hold and it was a total of from 1115 to 12 12 on the phone trying to make a payment. I have been on the phone today from 12 50 until now 130 and am continuing to hold. One person came on ardound 105 and asked "How can I help you?" I replied, "I need to make a payment," and I have been on the phone for another half hour with no response. Please tell me how to make a payment and can you give me any reason why I should have to pay a late fee when I spent over an hour trying to make a payment on time. This message originated from MortgageQuestions.com Business source MortgageQuestions.com http://b1157w.blul57.mail.live.com/maillPrintMessages.aspx?cpids=c7fOl O78-c281-11 df... 11/13/2010 Windows Live Hotmail Print Message Page 1 of 2 • • RE: In reference to this web site From: Customer Service (MBS) (Customer.Service@mortgagesvcs.com) Sent: Thu 9/23/10 3:00 PM To: yappymutts@hotmail.com Dear Ms. Smith, Thank you for using our email service, we hope you find the following information helpful. First and foremost I apologize for any inconveniences you have experienced and hope your husband is ok. You can mail the late fee payment to: Mortgage Service Center 4001 Bishops Gate Blvd. Mail Stop SV 19 Mt. Laurel NJ 08054 Please reference your loan number and indicate apply to fees. If you have any further questions or concerns, please let us know. Sincerely, Terrea Conners Customer Service Email Staff Mortgage Service Center -----Original Message- From: yappymutts@hotmail.com Sent: Friday, Sep 17 2010 01:33 PM To: customerservice Subject: In reference to this web site A Question Comment from Jane Smith Loan Number 4449 Phone Number 717-261-3851 I have been advised I have been charaged a late fee on my account. Please tell me how I should make a payment. I can t do it on the internet because it is not serviceable. I called on Sept. 15 at 1115, I got put on hold to talk to three different departments and nobody would take a payment. At 1158 I told http://b1157w.blu l 57.mail.live.comlmaillPrintMessages.aspx?cpids=e l 3b01 e9-c744- l l df... 11/13/2010 Windows Live Hotmail Print Message Page 2 of 2 the fourth person I talked to that my husband had just called my cell phone, that he had fallen and needed me to take him to the hospital to be checked. He said he would be right back. He put me on hold for 10 more minutes before I hung up because I had to get my husband to the hospital. I also advised all of the people that I was at work and had to get off the phone. they put me on hold and it was a total of from 1115 to 1212 on the phone trying to make a payment. I have been on the phone today from 12 50 until now 130 and am continuing to hold. One person came on ardound 105 and asked "How can I help you?" I replied, "I need to make a payment," and I have been on the phone for another half hour with no response. Please tell me how to make a payment and can you give me any reason why I should have to pay a late fee when I spent over an hour trying to make a payment on time. This message originated from MortgageQuestions.com Business source MortgageQuestions.com http://b1157w.blul57.mail.live.com/maillPrintMessages.aspx?cpids=e 13b01 e9-c744-11 df... 11/13/2010 Windows Live Hotmail Print Message Page 1 of 2 • RE: In reference to this web site From: Customer Service (MBS) (Customer.Service@mortgagesvcs.com) Sent: Thu 9/23/10 3:58 PM To: yappymutts@hotmaii.com Dear Jane Smith, Thank you for using our email service. In reference to your request to re-post the statements for the past 12 months, please be advised that those information are made available on www.mortgagequestions.com under Statement tab, select Activity and you will be able to view your payment activity such as payments received and even escrow disbursements. From that page you can click any transaction even for the past 12 months to view and even print out the details. Once you click the underlined payment description, another window will pop up showing that specific transaction and will see how it was applied accordingly. If you have any further questions or concerns, please let us know. Sincerely, Ana Michele Trajano eService Specialist Mortgage Service Center -----Original Message----- From: yappymutts@hotmail.com Sent: Friday, Sep 17 2010 01:43 PM To: customerservice Subject: In reference to this web site A Question Comment from Jane Smith Loan Number 4449 Phone Number 717-532-5307 I need to have a breakdown of how my payments were distribued between June of 2009 and currently. For example how much to principal, how much to interest, how much to escrows and how much to "Advance." http:llb1157w.blul 57.mail.live.com/maillPrintMessages.aspx?cpids=;e3 f83858-c74c-11 df-... 11/13/2010 Windows Live Hotmail Print Message Page 2 of 2 • • Please advise if you will give this information by mail or email. Either is acceptable to me. I have tried to request this information over the phone but all I do is get passed back and forth and no one can help. This message originated from MortgageQuestions.com Business source MortgageQuestions.com http://b1157w.blul 57.mail.live.com/maillPrintMessages.aspx?cpids=e3f83858-c74c-11 df-... 11/13/2010 HELPING YOU STAY IN YOUR HOME. Mortgage Service Center 2001 Bishops Gate Blvd. Mount Laurel, NJ 08054 July 16, 2010 JANE M SMITH JOSEPH E SMITH SR 14 KOSER LN SHIPPENSBURG, PA 17257 Dear JANE M SMITH and JOSEPH E SMITH SR: MAKING HOW AFFORDABLE Loan Number: 0044744449 Your request for a Home Affordable Modfication Plan (RAMP) was carefully considered and we regret that we are unable to approve your request at this time. Our decision is based on the following reason(s): Yu,jr current monthly housing expense, which includes the monthly principal and interest payment on your first lien mortgage loan plus property taxes, hazard insurance. and homeowner's dues (if any) is less than or equal to 31 % of your gross monthly income (your income before taxes and other deductions) which, we verified as $5439.86. Your housing expense must be greater than 31 % of your gross monthly income to be eligible for this program. Our decision was based in whole or in part on information obtained in a report from the consumer mporting agencies listed below. You have a right under the Fair Credit Reporting Act to know the information contained in your credit file at the consumer reporting agency. The reporting agencies played no part in our decision and are unable to supply specific reasons why we have denied credit to you. You also have the right to a free copy of your credit report from the reporting agencies, if you request it no later than 60 days after you receive this notice. In addition, if you find that any information contained in the report you receive is inaccurate or incomplete, you have a right to dispute the matter with the reporting agency. Equifax PO Box 740241 Atlanta, GA 30374-0241 1-800-685-1111 If you believe the information used to make this determination is inaccurate, please contact our HAMP team immediately at 800-936-8303. Otherwise, we will work with you to explore other options that may be available to you. For example, if your financial hardship is temporary, we may be able to help you keep your home and avoid foreclosure via a repayment plan or a loan modification. If you are experiencing a long-term or permanent financial hardship, we may be able to help you avoid foreclosure as well, but it may require selling your home (pre-foreclosure or short sale) or voluntarily giving up the deed to your property (deed-in-lieu). For additional assistance, HUD sponsors housing counseling agencies throughout the country that can provide you advice on foreclosure alternatives, budgetary issues, and even assistance with understanding this notice (simply ask for "MHA HELP" .) There is no fee for this service. If you would like assistance, you can contact a HUD-approved housing counselor at the HOPE Hotline number which is 1-888-995-HOPE. We also provide links to valuable Homeowner's Assistance resources on our web site. We encourage you to visit. As always, please contact the Homeowner's Assistance Department if you have any questions or need additional information about our Homeowner Assistance Programs. Sincerely, Mike Danlag Vice President Home Affordable Modification Team NOTICE: The Federal Equal Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, age (provided the applicant has the capacity to enter into a binding contract); because all or part of the applicant's income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is: Federal Trade Commission Equal Credit Opportunity Washington, DC 20580 r • PHH Mortgage Services 4001 Leadenhall Road Mt Laurel, New Jersey 08054 07/710010 JANE SMITH JOSEPH SMITH SR 14 KOSP.R I.N SHIPPENSBURG. PA 17257 Loan No: 0044744449 Property address: 14 KOSER LN SHIPPENSBURG. PA 17257 Dear Customer: Tel 800-750-2518 Fax 856-917-2935 Your request for hardship assistance was reviewed and we are pleased to inform you that you qualify for a Homesaver Advance. The Homesaver Advance is an unsecured personal loan designed to help bring your loan current while allowing you to repay the advance over 15 years at a fixed rate of 5% with no payment or interest accrual for the first six months. Enclosed is a promissory note agreement with terms to advance $7,463.58 bringing your loan current through the 08/01/2010 payment. Your normal mortgage payment will resume with the 09/01/2010 payment but your first payment to repay the advance is not due until 04/01/2011. Please complete the following steps to sign and return your Homesaver Promissory Note no later than 08/02/2010. **Steps to complete the Homesaver Advance" I . All borrowers must sign (2) original copies of the enclosed Promissory Note. The duplicate copy is for your records. Two (2) original copies must be returned to the address listed below. 2. The Promissory Note must be signed in BLACK ink 3. The enclosed Certification document must be signed 4. The contribution amount of $0 will be used in addition to the advance amount to bring your loan current. This payment MUST be in the form of CERTIFIED FUNDS. Mailing non-certified funds may result in the cancellation and rejection of the Homesaver Advance proposal. 5. Please return all contribution funds and the signed promissory notes to the following address: Mortgage Service Center Attn: Loss Mitigation/HSA Mail Stop SV-21 4001 Leadenhall Road Mt. Laurel, NJ 08054 Upon the Promissory Note becoming binding and effective, your loan will be brought current according to the reinstatement schedule: Log in to MortgageQuestimmeom -your servicing website connection. • PHH Mortgage Services 4001 Leadenhall Road Mt Laurel. New Jersey 08054 **Promissory Note Terms** Promissory Note Balance Interest rate: APR: Repayment amount: First Payment due: Last Payment Due: $7,463.58 5% 4.64% $10,508.21 10/01/2010 09/012025 Tel 800-750-2518 Fax 856-917-2935 The following is a breakdown of how your advance and contribution will be used to bring your account current: **Reinstatement Schedule * Mortgage payments: 11/01/2009-08/01/2010 $11539.10 Escrow Advances: $76.96 Attorney Fees/costs, if applicable $0 Recoverable Advances, if applicable Error! Not a valid link.$0 Additional mortgage payments $1153.91 Misc. - Suspense Funds $4152.48 Total contribution amount HomeSaver Advance $0 $7,463.58 Please allow 7 to 10 days from the time we receive your signed promissory note and contribution, if applicable, for the reinstatement process to be completed. NOTE: If applicable, your total mortgage payment may change due to changes in your escrow account. In the event that the transaction costs above are less than indicated, any additional amount paid will be applied to reduce the unpaid principal balance of your loan. We look forward to receiving the required documents and funds prior to the deadline noted above. Thank you for your cooperation. If you have any questions regarding the Loan Modification documents or the process in general, please call 1-800-750-2518. Sincerely, Loss Mitigation Department Please be advised that all collection and or foreclosure action may continue until your loan is paid current or until you receive written notification that collection and or foreclosure action has been suspended or canceled. 0 Log in to MortgageQuestions com --- your servicing website connection. Loan Number: 0044744449 Investor Number. 4005521265 HortgSaver Advance's TRUT"-LENDING DISCLOSURE STATEMENT AND PROMISSORY NOTE 14 KOBER LX SHIPPE111681 . PA irm Flarope tygAddress This is a eonsuaw credit bmrsaetiort. ANNUAL PERCENTAGE RATE FINANCE CHARGE Amount Financed Total of Payments The amo rd I wig have Paymay Schedule: Number of Akn" Payments are Due payments Payments of MOM* begi nira. The cost of my The dollar The amount of paid aaer 1 have made alt 6 s0 101011 mote) credit as a amount the credit provided payments as scheduled. 173 $60.39 04101I2011(e) yearly rate. credit will cost to me or on my 1 560.74 09/01f2025(e) me, behalL 4.61%(s) $3.044.63 $7.463.58 $10.506.21 Late Charge: S a payment is not received by the and of thirty (30) Calendar days alter the ditate it is due, 1 will be charged the lesser of Five Dollars ($5.00) or Four Percent (4%) of the part of the payment 6wt is late. Prepayment: if you pay off this loan early, you wig not have to pay a penalty. See below for an adddionaf information about nonpayrneryL and defiRAL any required mmy in fug before the scheduled date. (e): The Annual Percentage Rate and the payment dates are estimated based on the, assumption OW I will sign and return this Note at least forty (40) days before the first payment date shown above. 1 understand that any further delay in returning the signed Nate may delay my due dates, and as explained below, may void this Note and the Lender's offer. Itemization of Amount Financed: The entire Amount Financed will be applied to my mortgage account with the Lender. 1. BORROWER'S PROMISE TO PAY, In ream for a ban that I have received, 1 promise to pay the Amount Financed shown above (this amount is also caged "Principar), Pius interest, to the order of the Lender. The Lender is PHH Morkwaa with an address at 4001 Leadenhall Road Mt. Laurel. NJ 08054. 1 will make all payments under this Note in the form of cash, cheek or money order to Lender at this address. I understand that the Lender m ley transfer this, Note. 2. PAYMENTSANTEREST: During the fast sun maths from this, date of Use Nola, no interest will be charged on the Principal balance and no payments will be due. Interest will be charged at She yearly rate of 5% beginning onto fret day of the month after sic full calendar months (i.e., not counting any partial months) have elapsed from the data of this Note. Interest will continue IhereaAer until the Maturity Daft (as hereinafter defrted). Beginning one month from the date interest begins to accrue and on to twat of each m ordh Shareafter, I will pay principal and interest as slated above. 1 will make these payments every month until 1 have paid erg of the Principal and draw and any other charges described below that 1 may owe under this Note. Each complete monthly payment wit be applied as of its Scheduled due dale and will be applied to interest before Principal. If, on the Maturity Date, I still owe amounts under this Note, 1 wit pay those amounts in pull an But date. 09101t2025 is the earfest to occur of (i) the date the Property is sold or transferred other then by operation of law; or (i) the date that the last mor hly payment is due under the payment schedule set forth above. The interest rate I will pay both before and after any default described if Section 3(8) of this Note shat be 5%. 1 have the right to make payments of Principal at any time before they are due without paying a Prepayment charge. A payment of Principal orgy is known as a "Prepayment". When I make a Prepayment, I win tell Vie Lender in writing that 1 am doing so. For Prepayments made more Snap 30 days prior to my first scheduled monthly payment, Lender will apply the Prepayment solely to Principal, unless I instruct In Lender in writing to apply the Prepayment to tha next scheduled monthly payment. For Prepayments mare within 30 days prior to or arty time after my first scheduled monthly payment dam, i I do not tell the Lender to apply a Prepayment solely to Pnrx* 1, Lefler will apply the Prepayment as the next scheduled payment. 1 may not designate a payment as a Prepayment if 1 have not made all the monthly paymens due under the Nile. N I matte a partial Prepayment, there wig be no changes in the due date or in the amount of my monthly payment. 3. BORROWER'S FAILURE To PAY AS REQUIRED (A) Lafa Charge for Overdue Payments: If the Larder has not received the fun amount of any monthly payment by the end of thirty (30) calendar days after the date it is due, I will pay a fate charge equal to the lesser of Five Dollars (55.00) or Four Percent (4%) of the pat of the payment that is late. (B) Default If I do not pay the full amount of each monthly payment on the date It is due. I will be in default. If 1 sigh this Note in Iowa or Wisconsin, I,wig be in default only if an amount greater then one hunt payment has remained unpaid for more than 10 days after the scheduled or deferred due dales, or the fist or lest payment is not paid within 40 days of its scheduled or deferred due dale, or i 1 breach a covenant of this Note that materially impairs my ability to pay amounts due under Sus Note. Subject to pry notice rsgtiranents and any right to cure which may be provided under applicable law, the Lender may sad me a written notice telling me Soo! if 1 do not pay the overdue amoui by a certain date, the Lender may require me to pay immediately the full amount of principal which has not been paid and all de interest that I owe on that amount That date must be at least 30 days after the date on which the notice is mailed to me or delivered by other means. Even t, at a time when i am in default, the Lender dues not require me to pay immediately in full as described above, subject to any notice or are rights required under applicable law, the Lender wit still have the right to do so if I am in default at a later time, If the Lender has required me to pay immodsfey in full as described herein, the Larder will have the right to be paid back by me for all of its costs and expenses in enforcing this Note to the extent not prohibited by applicable law. Those expenses include, for example, reasonable aftomeys' fees, aSfaugh no atoneys' fees will be contacted in 10wa, Wisconsin or West Virginia. Attorneys' fees in Maine will not exceed 15% of the unpaid debt. 4. G1VWG OF NOTICES: Unless applicable law requires a ddferad malhrid, any notice that must be given to me under this Note will be given by delivering it or by mailing it by fist class mad to me at the Property Address above or at a different address g I give the Lender a notice of my different address. Any notice that must be given to the Lerch under this Note will be given by delivering it or by mailing it by first class mail to the Lender at the address stated in Section 1 above or at a different address t t am given a notice of that different address. By providing the contact information in this Note, I hereby consent to the Lender's use of such information to contact me 5. OBLIGATIONS OF PERSONS UNDER TITS NOTE: It more than ore person signs this Note, each person is fully and personally obligated to keep all of the promises made in this Note, including the promise to pay the fun smo nt owed. The Lender may enforce its rights under this Note against each person individually or against all of us together. This meats that any one of us may be required to pay all of the amounts owed under this Note. 6. WAIVERS: 1 and any other person who has obligations under this Note waive to rights of Presentment and Notice of Dishonor. "Presentment" means the rot to require the Lender to demand Payment of amounts due. 'Notice or Dishonor" means the right to require the Lender to give notice to other persons that amounts due have not been paid. 7. NO BROKER: I state Mat no person performed any cot as a broker in connection with the ban evidenced by this Note. 8. REPRESENTATION, CERTIFICATION AND INSTRUCTIONS: 1 hereby represent, ceffiy wW instruct Lender as olows: (A) Proceeds: t understand and agree that Lender shag apply the proceeds of this Note to my delinquent first lien mortgage ban (the "First Lien Loan") to fully reinstate such ban; (B) Financial intonation: AN financial information provided by me to tender is, as of this date, true. accurate and complete; (C) No Previous HomsSaver Advamx on the First Lien Lock I have root previously obtained a HomeSaver Advance ("HSA') in connection with the First Lien Loan; (D) No More than One Outstanding HSA: I have no more that one outstanding HSA (in connection with another first lien mortgage ban); (E) No HSA Related to a Sold Property: 1 do rot have an active, unpaid HSA loan that was issued in connection with a property that has previously been sold; (F) No Active Bankruptcy: I am neither currently involved in nor anticipate being involved in an active bankruptcy proceeding; (G) Previously Discharged Chapter 7: The Fist Lion Loan has not been previously discharged in a Chapter 7 bankruptcy proceeding, or, i the Fist Lien Loan was discharged in a Chapter 7 bankruptcy Woceed% I have actively reaffirmed the Fast Lien Loan debt; (H) (der Termination Dad: I understand Set the Note will be void and of no affect ad the offer by the Lender to reinstate the First Lien Loan and delay payment of delinquent amounts due win terminate unless Lender receives a fury executed ropy of this Note by the Offer Termination Dale shown below on this Note; (1) Foreclosure of the First Lion: 1 understand and agreei let a foreclosure of the Fist Lien Loan will have no impact upon this Note; notwithstanding any such foreclosure. I small std be fully obligated an th s Note, (J) Indemdty: I am fully aware that Lender is reyig on my representations and cenbcaft set font in this Section in accepting this Note and extending ova pursuant to this Note. 1 hereby agree to indemnify and defend Lender and held Lender harmess from and against any and aft loss, cost, expense, liability or damage that Lender sutlers as a result of any inaccuracy in tha statements herein certified; and (K) Carrectons 9 thus Note is 1061- misplaced, misstated, wummffslelyr reflects the true a correct terms and conditions of the Loan or is incomplete, upon request of Lender, 1 win comply with LandOes request to execute, acknowledge, initial, and deliver to Lender any documentation Lender deems necessary to replace or correct the im misplaced, misstated. ru cc rate or incomplete Note. MULTISTATE HOMESAVER ADVANCE PROMISSORY NOTE-Single Family-Fannie Mae UNIFORM INSTRUMENT Form 3721 3109 Ref. No. (page 1 of 2) Loan Number. 0044744449 Investor Number 4005521265 9. STATE-SPECIFIC NOTICES AND TERMS. California: ON this box Is checked, this Loan is made Pursuant to tie California Fiance Leaders Law. Division 9 (cormrendne with Section 22000) of the Financial Code. The Larder's License Number Is: . You understand that you may make any amount of payment in advance at arty time. You may males a fur prepayment or a partial prepayment at any time without paying any penalty. If YOU make a partial prepayment, there will be no delays in the due dates of your ma" psynorits, and no change b the amount of you monthly payments (excW for the amount of your final monn.ly payment), hrJep we agree in writing to arose do** or ciarnges. FOR INFORMATION CONTACT THE DEPARTMENT OF CORPORATIONS, STATE OF CALIFORNIA Mme: If M Note Is sigrrd in Maryland, it is yovemed by Tile 12. Sub0a If of On Maryland Commercial Law Article Missouri If this Note is signed in Missouri, oral agreements or commitments to loan money, extend credit or to forbear from enforcing repayment of a debt including promises to extend or renew such debt are not enforceable. To protect you (borrower(s)) and us (creditor) from misunderstanding or disappointment, any agreements we reach covering such matters are contained in this writing, which is the complete and exclusive statement of the agreement between us, except as we may later agree in writing to modify it. Now ff this Nor is signed in New Hampshire, reasonable attorney's tap shell be awarded to me if I prevail in (a) any action, suit or proceeding brought by the Lender or (b) an action brought by me: mild N 1 seocesstully assert a prtW defense or set-off, recoupment or counterclaim to an action brought by the tender, the count may withbaid from ea Lmrda? the entire mount of such portion of the attonW a fees as the court considers equitable. QW. If Lander is a registrant under the Ohio Second Mortgage Loan Act or a licensee under the Ohio Small Loan Act, this loan Is made under the Intin,"t Laws of the State of Ohio. Pennsylvania: If Oft Note is signed in Pennsylvania, this is a contract under seal and may be errferced under 42 Pa.C_S. § 5529(b) (relay" to brarnty yew iknitation). Soudn Dalkote If this Note is signed in South Dakota, any knnpropristim in making qds ban or In Wan practices may be referred to the South Dakota bivieion of Banking. Such a referral may be made In writing to the 0 rlelert at 217'6 west Missouri Avenue, Pierre, South Dakota 57501 or by telephone to (1505) 773-3421. Texas: For Texas moktents, If you are in default, we may rapnire you to pay as you owe at once. We don't have to give you notice that we intend to demand or are demanding knmedire payment of as eat you owe. YO: If this tote is signed in Utah, as required by Utah law,1 am hereby retitled dot a negative credit report reflecting an my creak record may be submitted to a credit reporting agency if 1 fail to fullM tits tens of my credit obfgedons. This Note is a final expression of the agreement between the Larder and me, and tills Nobs may not be contradicted by evidence of any alleged end agrsrnent. For purposes of the following -NOTICE TO 00-813NER.' "you"refms to tie co-signer(s), M any. NOTICE TO CO-SIGNER: YOUR SIGNATURE ON THIS NOTE FANS THAT YOU ARE EQUALLY LIABLE FOR REPAYMENT OF THIS LOAN. IF THE BORROWER DOES NOT PAY. THE LENDER HAS A LEGAL RIGHT TO COLLECT FROM YOU. WITNESS THE HAND(S) AND SEAL(S) OF THE UNDERSIGNED BELOW. For purposes of the following NOTICES TO CONSUMER, "you" refers to Borrower(s). NOTICE TO CONSUMER: 1. DO NOT SIGN THIS PAPER BEFORE YOU READ IT. 2. YOU ARE ENTITLED TO A COPY OF THIS PAPER. 3. YOU MAY PREPAY THE UNPAID BALANCE AT ANY TIME WITHOUT PENALTY AND MAY BE ENTITLED TO RECEIVE A REFUND OF UNEARNED CHARGES IN ACCORDANCE WITH LAW. CAUTION - IT IS IMPORTANT THAT YOU THOROUGHLY READ THE CONTRACT BEFORE YOU SIGN IT. The following notice is required by Wisconsin law. NOTICE TO CONSUMER: (a) DO NOT SIGN THIS BEFORE YOU READ THE WRITING ON THE REVERSE SIDE, EVEN IF OTHERWISE ADVISED. (b) DO NOT SIGN THIS IF R CONTAINS ANY BLANK SPACES. (c) YOU ARE ENTITLED TO AN EXACT COPY OF ANY AGREEMENT YOU SIGN. {d) YOU HAVE THE RIGHT AT ANY TIME TO PAY IN ADVANCE THE UNPAID BALANCE DUE UNDER THIS AGREEMENT AND YOU MAY BE ENTITLED TO A PARTIAL REFUND OF THE FINANCE CHARGE (Seal) Borrower (Sea1) Banohner JANE SMITH JOSEPH SMITH SR Printed Name Printed Name Borrower Notice Address, r different than Property Address Date 7172613851 Phone Number Cell Phone Number E-mail Address Offer Date: 0712312010 Otter Termination Date: 10 MULTISTATE HOMESAVER ADVANCE PROWSSORY NOTE-Single Family-Fannie Mae UNIFORM INSTRUMENT Form 3721 3109 (page 2 of 2) ERA Mortgage is WHAT YOU NEED TO KNOW ABOUT OUR SERVICING OF YOUR MORTGAGE General Written Correspondence All general written correspondence should be mailed to the following address: ERA Mortgage Customer Service P.O. Box 5452 Mount Laurel, NJ 08054 Please see attached Notice of Assignment, Sale or Transfer of Servicing Rights for the special P.O. Box to make a qualified written request as required under the Real Estate Settlement Procedures Act (RESPA). All tax bills should be mailed to the following address: ERA Mortgage , Tax Department P.O. Box 5455 Mount Laurel, NJ 08054 2. Reporting Information to Credit Bureaus We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. 3. Automatic Mortgage Payments `- If you have not elected to utilize our convenient automatic payment system, we encourage you to do so. Under this program, we will automatically draft your mortgage payment each month from the bank account designated by you. This program provides you with the following conveniences: - Never be charged a late penalty - Get rid of the monthly check-writing chore - No worry about checks lost or delayed in the mail - Save postage and cost of checks - Payments are made even when you are away from home - No coupon books/bills Each year, we will inform you in writing of the change in your monthly payments, and provide you with our escrow analysis of your account. Our automatic drafting system is easy, convenient and reliable. You will have no more headaches or worries about getting your payments to us on time. That will be our responsibility. If you want to take advantage of this benefit or would like more information, please contact our Customer Service Department. 4. Additional Principal Payments Your mortgage documents provide you with the right to make additional principal payments at any time. These additional principal payments must be designated as such on your payment coupons or if they are mailed separately, you must notify us in writing of your intention to have the payment applied to principal only. In order for ERA Mortgage to efficiently and accurately process these additional principal payments when they are mailed with your regular payment, you must complete your payment coupon correctly. Our procedure is to apply any additional funds received to your escrow account unless we are notified differently. Please indicate on your coupon the amount of additional funds that you wish to have applied against your principal balance and total the amounts on the coupon. The total amount on the coupon must equal the amount of your check. On the next page is an example of the correct method of completing your payment coupon when additional principal funds are mailed. 06412051 (05.12.06) Pap! 1 of 4 ? ? 0 0 ERA HOME LOANS Dear Jane M Smith, Joseph E Smith SR Congratulations on obtaining your new mortgage. We are pleased to have this opportunity to serve you and to provide you with friendly, efficient and informative service. Below is some general information that will be helpful to you. WHAT YOU NEED TO KNOW BEFORE MAKING YOUR FIRST MORTGAGE PAYMENT Monthly Payment Your payment coupon book or Automatic Monthly Payment Withdrawal (Automatic Check Clearinghouse or ACH) information will be mailed to you within the next few weeks. If you have selected ACH, you must pay your mortgage with this temporary coupon (attached below) until you have been notified that your ACH is activated. If you have not selected ACH, and you do not receive your coupon book before your first payment is due, please use the coupon (attached below) to make your first payment. Your first payment is due on 09/01/2007 and consists of the following: Principal and Interest Hazard Insurance Escrow Real Estate Taxes Escrow Private Mortgage Insurance Escrow Other Total Estimated Mortgage Payment $ 1,002.92 $ 31.00 $ 132.27 $ 0.00 $ 1,166.19 This estimated payment could change if changes in your loan amount or monthly escrows occur during your loan closing. The Mortgage Service Center may process your checks or drafts electronically, at first presentment and any re-presentments, by transmitting the amount of the check, routing number, account number and check serial number to your financial institution. Please be advised that your account maybe debited as soon as the same day we receive your payment. Your paid check may not be returned with your bank statement. If you would like to opt out of this program or if you have any questions, please call customer service. Reporting Information to Credit Bureau We may report information about your account to credit bureaus. Late payments, missed payments, or other defaults on your account may be reflected in your credit report. ------------------------------------------------------------------------------------------ FIRST COUPON LOAN NUMBER 0044744449 Jane M Smith, Joseph E Smith SR ERA Mortgage FIRST PAYMENT DUE 09/01/2007 Principal and Interest Hazard Insurance Escrow Real Estate Taxes Escrow ANY PAYMENT RECEIVED IN EXCESS OF FUNDS DUE, UNLESS DESIGNATED, WILL BE APPLIEDTO THE ESCROW ACCOUNT. Please make check payable to: ERA Mortgage ATTN: Payment Processing Center Mortgage Services Center, P.O. Box 371458 Pittsburgh, PA 15250-7458 Private Mortgage Insurance Escrow $ 1,002.92 31.00 $ 132.27 $ 0.00 Other Total Estimated Mortgage Payment $ 1,166.19 USE THIS COUPON IF4YOUR COUPON BOOK IS NOT RECEIVED BEFORE YOUR FIRST PAYMENT DUE DATE 067S7SS (04.06.07) VV • 0 ,?Ir? ERA NCGTGAGE 2001 Bishops Gate Boulevard Mt. Laurel NJ 08054 November 16, 2010 Jane M Smith Joseph E Smith Sr 14 Koser In Shippensburg PA 17257 0 Tel 866-483-3151 Fax 856-917-8300 Loan Number: 0044744449 Property Address: 14 Koser Ln Shippensburg PA 17257 _ --_-__ __Dea? Custon_?er(s3_; ?_ Enclosed please find your check number 0777, dated 11/8/2010, in the amount of $1153.91. This check is being returned by us because: Insufficient amount to clear default. Currently, your loan is due for the 03-01-10 payment. The total amount required to bring your loan current is $ 10,737.07. Please remit this amount to us as soon as possible to the above referenced address, Attn: Mail Stop SV-19. If you have any further questions, please contact me at 1-800-330-0423. Sincerely, Mortgage Service Center CM037 mtlal t£ S..aaf .S? W2M3 0777 swa a. "* lO 1034 eew Sfr..rh, pr! lTt'3? Date G f?tTl 33? S.'?Ot / e ?aY to the sr der of s a m liars `" . M&T BAW AMW aurvr aoroc mss coAw+r - k ?? mem • Recent Activity Applied Date Due Date Description Unpaid Late Charges: • Amount 08/172010 Escrow Funds Owed to ServKw ------- -..__...... ............ $714.46 .. - .............. -......... -..... ----- 08f172010 ------ -__...- - - ..-._.? ---------- Payment of School Tax ----------------- ............ - -- -$1,223.29 .................. --- - --- -- - .-.... ' ----- 07272010 - -- -- - ----------------- ....... 111012009 ....... Payment Received ;Y~ "_ 51. t5"s.91 - - - - - ----- 07272010 ------ - 120012009 Payment Received $0.00 _..-_.. ? _ _... -_.,._..,.._. . 07272010 .. 010012010 Payment Received $0.00 07/2,112010 028312010 Payment Received 50.00 07272010 Repayment of Escrow Funds to Servicer - -- -595.13 -_--------------------- ------ --...._...- - -- - 07106/2010 - -- - --------------- Escrow Fiends Owed to Servicer $9513 -------------- 0710612010 - Payment of Homeowners Insurance . . . -$422 -_.._......... ... .. .. _ -------- --- -------- ---- -------- -- ......... 05/212010 - ._..... ..... . ...------ ---- -------- .------------- --------- 11101200= -------- --___... - - ...... .. --- --------------- ---- -------- _.............. _....... Payment Received ....._ ._ _ . ---- _ ; . $758.05 -- -- 04/122010 - - 111012009 - Payment Received ........... _.. $1,58-05 _. ._....._..... - - ...... ------ - ---- 04/06/2Q10 ................. - ----._... ---- - Payment of City Tax - $261.95 _ __ - . _-_- -. _ _................ .............. _..._..... 0311212010 - _ -- ------- -.._...--- 11/312009 -- - - -- -- - --- -.- _ -__..__.._-_ Payment Received _ . ...?-.- - , $758.05 024122010 11101/Z009 Pahl ent Received $758.05 -----.- _ ..................... .. 011082010 1 U0t2009 __....... --------- Payment Received ----------- ------.-- -- - __ -? ..- $758.05 ----__.- 12129120M - - -- - -------- -- 1010112009 •----. Payment Received $0.00 - 124142009 -- 10101/2009 -.-.-----._- -..- Payment Received $758.05 10/1`.12009 148312009 --- - --- - - - - Payment Received .. .. _...... . _ . _ .. $158.09 .... 017.912009 09/0172009 ----... Payment Received .._...._.__....... -........ _.. ....... ..... $1,153 91 09/292009 10/0112009 . Payment Received $50.14 081172009 ...... .. .............. Payment of School Tax 41.184.99 . . 08/132009 - 081012009 ---._....._._........ _.................... -----.......... ------ Payment Received ..... ..... . ._...-----.--.._..- - -... _ ...._..... :._ ............ _ $1,161.28 07/2312009 .......... _..._.. - - ._..._.. ...._............. ----- Escrow Funds Disbursed to Borrower --- -$118.8 ? 071132009 - -- 071012009 - -- - - - - -- - - ------- -..._............... ---- -- Payment Received _ - - -...---- ----? - _ $1,161.28 071072009 --- ---- -------_.-._...----- - - - - - - -- ----... Payment of Homeovrtiers Insurance -$380 06/112009 ........... ...._._.. -----. 061012009 ...._- _ -- ------- Payment Received $1,16128 --- - ----- 051132009 _.......... 051012009 _ _---._.., Payment Received ___ :?-- $1,161.28 041152009 Payment of City Tax -$261.95- 04/132009 041012009 P aytne<tt Received sd x $1,161.28 03 I220(39 031012009 Pavment Received 51.161 28 ntps://www.mortgagequestions-com/home/I 5882/landscape9j 0 11 }.*t S.` wae?i 0 7 3 9 ? ?etw as /, pi[ tsus p l IV ? !/b D ? t7t?! -?i07 = r ?U? Ddlars ®.??C? w?N????wwxxrsrmr+wr Axnx? b 7 +:03&302955+: ?39 -OCIGO0ii53gW J 3A`'?i=? "It am m 0 0 a w a S m 004474 4449 12-01-10 161.86 01-10 Jane M Smith F ` Joseph E Smith Sr 12-16-10 $1,212.00 Have questions? Need answers? AWffMK PRR VU Cao online at www.mwt939equesti0n9.o0rrf ADDtiIORAt ESCROW uUECHARSES MAKE CHECKS PAYABLE TO: ERA Mortgage TOTER P.O. Sox 371458 TOTALPAYMERr FUlfDS ro o ES ANDULWE DTHEN `ToPRtNCi?N LESS YOU Pittsburgh, PA 15250-7458 . . 1,>=-ite ywr ban oES16NLS'EO'7nERYasD y""'' ItttiLllL??LI?LI?II?ttltt?Itl?J?i?Ll?ih?1?61?J?lftoll -s enclose A coupon each payment. - xsiane"s`ss s days s "ay for 00 954 0044744449 0000121200 0000116186 4 . '. ait delivery. Mortgage Rates Fall Again Page 1 of 2 0 0 Mortgage Rates, News & Advice Since 1995 Search Here ' Refinance Home Equity News Mortgage Calculator Compare Loans & Rates Professional Services Home » Mortgage News » 2009 > October > Mortgage Rates Fall Again - Contact Us I Glossary Mortgage Rates Fall Again See Todoq's Rates By-Kirk Haverkamp i Wad, 10/07/2009 Loan Type Link to this page 4' Get widgets 4 Print © Facebook --1 RSS Home Refinance Like Be ft first of your friends eo Roe this. Mortgage applications surged to their highest level since last spring, as 30-year interest rates remained below 5 percent for the third consecutive week, according to the weekly survey by the Mortgage Bankers Association. 3-12% a x,12% lowest Applications jumped a seasonally adjusted 16.4 percent from the previous week, driven by No Hidden Fees. Refl an 18.2 percent increase in refinance applications, which hit their highest level since mid- & Save Now! Fast May. Mortgage applications for home purchases were up by 13.2 percent for the week Online Quotes- No Credit Check ending Oct. 2, to their highest level since January. HomeRefinance. Loenfteduce:c 3.25% Fixed The average interest rate on 30-year fixed rate mortgages fell slightly, to 4.89 percent, Rafloom Refinance Now and down from 4.94 percent, with an average of 1.13 points paid, for mortgages with an 80 Save - No SSN Rqd percent loan-to-value. It's the lowest the rate has been since mid-May, toward the tail end Save Heeree Quotes of last spring's refinancing frenzy. MortgageRates.SmartQuote.a Todav's Mortaaae The current 30-year rate is less than three-tenths of a percentage point above the survey's a" all-time low of 4.61, which was reported in late March. The MBA has been conducting the Search Current Rates & Fees Online. No weekly survey since 1990. Registration Needed! Start Now. Despite the current run of sub- 5 percent rates, mortgage application activity has been Mortgage.Bankrate.wm sonommomm uneven in recent weeks. Both refinance and purchase applications fell the previous week, 3.7% FXXI!D despite another small drop in interest rates, on the heels of another big jump in applications $160,000 mortgage for $547/mo. Free. No two weeks ago. on. Get a Vie ! Mortgage refinancings made up just under two-thirds of all mortgage applications for the RefinanceRates.LendGo.com Foreclosure week, up slightly from the week before. SM Elm Know in 60 Seconds If It's generally expected that interest in purchase applications will remain strong for a least you Qualify. Save another month, as buyers rush to beat the Nov. 30 deadline for closing on home purchases Home, Lower Payment & Rate. to qualify for the $8,000 first-time homebuyer tax credit. Though there have been some LenderAld.org/Free-Help indications that Congress may extend the credit, perhaps in modified form, that is by no means certain. National Rates Interest rates on 15-year fixed rate mortgages also fell slightly, to 4.32 percent, down from Loan Type Today 4.34 percent. Conversely, the rate on one-year adjustable rate mortgages jumped to 6.56 30 yr fixed 4.21 percent, up from 6.40 the week before. Adjustable rate mortgages accounted for 6.1 15 yr fixed 3.79 percent of all mortgage applications, down from 6.2 percent the week before. 5/1 ARM 3.29 Compare Rates » Rates may contain points Start here to compare mortgage rates from top lenders in our network ' Browse Mortgage Rates More Mortgage Articles e . ;. Rates By State Builder Confidence Rises as New Home Starts Fall select your stele http://www.mortgageloan.com/moftage-xutes-fall-again-3506 10/4/2010 IN THE COURT OF COMMON PLEAS OF THE NINTH JUDICIAL DISTRICT, PENNSYLVANIA CUMBERLAND COUNTY BRANCH JANE M. SMITH and JOSEPH E. SMITH, Sr., Plaintiffs, Vs. PHH MORTGAGE CORPORATION, A/K/A ERA HOME LOANS, Defendant. CIVIL ACTION - LAW NO. 2010 - 07341 CERTIFICATE OF SERVICE Pursuant to Local Rules of the 9th Judicial District this is to certify that: in this case a true copy of the Complaint has been served upon PHH Mortgage Corporation, a/k/a ERA HOME LOANS, by the following means and dates stated. Proof of Delivery is attached. PHH Mortgage Corporation 3000 Leadenhall Road Mt. Laurel, NJ 08054 Date: November 24, 2010 Via: UPS I verify that the statements made in Certificate are true and correct:. I understand false statements herein are made subject to the penalties of 18 Pa.C.S.A. Section 4904 relating unsworn falsification to authorities. i 1 :11;Iy S 1330 0101 3J;.J.J? o? ,, J0 this that to e Smith, /vL ?SgA P ainti.ff osep Smith, r. Plaintiff UPS: Tracking Information Proof of Delivery Dear Customer, This notice serves as proof of delivery for the shipment listed below. Tracking Number: 1Z74W9134261997702 Service: GROUND Special Instructions: SIGNATURE REQUIRED Weight: 1.10 Lbs Shippe"illed On: 11124!2010 Delivered On: 11/29/2010 9:15 A.M. Delivered To: MOUNT LAUREL, NJ, US Signed By: NELSON Location: MAIL ROOM Thank you for giving us this opportunity to serve you. Sincerely, UPS Tracking results provided by UPS: 12/05/2010 5:54 P.M. ET Page 1 of 1 http://wwwapps.ups.com/WebTrackhWprosessPOD?lineData--LAWNSIDE%5EKM%5E... 12/5/2010 _ PILED-OFICc f THE PRCT, IOI' M T15 ;' 2010 DEC 21 PM 1: o7 CUMBERLAND COUN ! PENNSYLVANIA, PHELAN HALLINAN & SCHMIEG, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Jane M. Smith Joseph E. Smith, Sr. Plaintiffs V. PHH Mortgage Corporation, a/k/a Era Home Loans Defendant TO THE PROTHONOTARY: Court of Common Pleas Civil Division Cumberland County NO. 10-7341-Civil ENTRY OF APPEARANCE Kindly enter my appearance in the above captioned matter as counsel for Defendant, PHH Mortgage Corporation, a/k/a Era Home Loans. AN & SCHMIEG IZ o ?- Date Lauren R. Tabas, Esquire Attorney for Defendant PHELAN HALLINAN & SCHMIEG, LLP Lauren R. Tabas, Esquire, I.D. No. 93337 One Penn Center, Suite 1400 1617 John F. Kennedy Boulevard Philadelphia, PA 19103-1814 (215) 563-7000 Jane M. Smith Joseph E. Smith, Sr. Plaintiffs V. PHH Mortgage Corporation, a/k/a Era Home Loans Defendant Court of Common Pleas Civil Division Cumberland County NO. 10-7341-Civil CERTIFICATE OF SERVICE I hereby certify that a true and correct copy of the Entry of Appearance was served upon the following interested parties via first class mail on the date indicated below: Jane M. Smith Joseph E. Smith, Sr. 14 Koser Lane Shippensburg, PA 17257 PHF1E HALT TNAN__& SCHMIEG,. LLP Azo'? Date Lauren R. Tabas, Esquire Attorney for Defendant PHELAN HALLINAN & SCHMIEG, LLP BY: Lauren R. Tabas, ESQUIRE Identification No. 93337 One Penn Center at Suburban Station 1617 JFK Boulevard, Suite 1400 Philadelphia, PA 19103-1814 (215) 563-7000 Jane M. Smith Joseph E. Smith Sr. Plaintiffs V. PHH Mortgage Corporation, a/k/a ERA Home Loans Defendant C ° --a ?? ? rnJ Attorney for Plaintiff o r.) C3 C-n w- ® off ' c, , CD x-' COURT OF COMMON PLEAS CIVIL DIVISION NO. 10-7341-Civil CUMBERLAND COUNTY CERTIFICATION OF SERVICE I hereby certify a true and correct copy of the foregoing Stipulation was served by regular mail on the persons listed below: Jane M. Smith Joseph E. Smith, Sr. 14 Koser Lane Shippensburg, PA 17257 ' L'I I) Date Attorney for Plaintiff IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY Jane M. Smith and Joseph E. Smith, Sr. I Plaintiffs I I VS. 1 I PHH Mortgage Corporation, a/k/a I ERA Home Loans Defendant I I Stipulation L Qb A ND NOW, this day of , 2010 it is hereby agreed by and between Jane M. Smith and Joseph E. Smith, Sr. (hereinafter "Pl '), and PHH Mortgage Corporation a/k/a ERA Home Loans (hereinafter "Defendant") by and through counsel Lauren R. Tabas, Esquire, as follows: WHEREAS, Plaintiff commenced this action by filing a complaint on November 24, 2010; 1. Defendant shall have until February 1, 2011 to respond to Plaintiff's Complaint. COURT OF COMMON PLEAS CIVIL DIVISION CUMBERLAND COUNTY NO. 10-7341 - CIVIL 2. This Stipulation represents the whole agreement of the parties who, intending to be legally bound, have executed it by and through the undersigned duly authorized counsel or have had the opportunity to consult with counsel. 3. This Stipulation may be executed each of which shall be considered an original. 4. This Stipulation is effective upon xecution. Date: ' auren R. Tabas, Esquire Attorney for the Defendant Date: *-DQC o2 7y A 0/0 Date: "Dsc . a7, cxa Plaintiff