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Home My WebLink About12-3800.. A KML LAW GROUP, P.C. SUITE 5000 - BNY MELLON INDEPENDENCE CENTER 701 MARKET STREET PHILADELPHIA, PA 19106 (866) 413-2311 BANK OF AMERICA, N.A. 7105 Corporate Drive PTX B-209 Plano, TX 75024 Plaintiff vs. ELIZABETH A. ERB GARY L. ERB JR. Mortgagor(s) and Record Owner(s) 662 Walnut Bottom Road Shippensburg, PA 17257 Defendant(s) CM A nON: MOMAM v Ctvi) At a . 30 NOTICE You have been sued in court. If you wish to defend against the claims set forth in the following pages, you must take action within twenty (20) days after the Complaint and notice are served, by entering a written appearance personally or by attorney and filing in writing with the court your defenses or objections to the claims set forth against you. You are warned that if you fail to do so the case may proceed without you and a judgment may be entered against you by the Court without further notice for any money claim in the Complaint of for any other claim or relief requested by the Plaintiff. You may lose money or property or other rights important to you. YOU SHOULD TAKE THIS PAPER TO YOUR LAWYER AT ONCE. IF YOU DO NOT HAVE A LAWYER OR CANNOT AFFORD ONE, GO TO OR TELEPHONE THE OFFICE SET FORTH BELOW. THIS OFFICE CAN PROVIDE YOU WITH INFORMATION ABOUT HIRING A LAWYER. IF YOU CANNOT AFFORD TO HIRE A LAWYER, THIS OFFICE MAY BE ABLE TO PROVIDE YOU WITH INFORMATION ABOUT AGENCIES THAT MAY OFFER LEGAL SERVICES TO ELIGIBLE PERSONS AT A REDUCED FEE OR NO FEE. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 AVISO Le ban demandado a usted en la corte. Si usted quiere defenderse de estas demandas expuestas en las paginas siguientes, usted tiene veinte (20) dias de plazo al partir de la fecha de la demanda y la notificacion. Hace falta ascentar una comparencia escrita o en persona o con un abogado y entregar a la corte en forma escrita sus defensas o sus objeciones a las demandas en contra de su persona. Sea avisado que si usted no se defiende, la corte tomara medidas y puede continuar la demanda en contra suya sin previo aviso o notificacion. Ademas, la corte puede decider a favor del demandante y requiere que usted cumpla con todas las provisions de esta demanda. Usted puede perder dinero o sus propiedades u otros derechos importantes para usted. LLEVE ESTA DEMANDA A UN ABOGADO IMMEDIATAMENTE. SI NO TIENE ABOGADO O SI NO TIENE EL DINERO SUFICIENTE DE PAGAR TAL SERVICO. VAYA EN PERSONA O LLAM POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA S AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. QTVL? -* Ivf.?SI 4 CIC,I? ? l ?-(f1U 7 t497 (4p gyy - >;OURT OF COMMON PLEAS OF Cumberland COUNTY CIVIL ACTION - LAW ACTION OF MORTGAGE FORECLOSURE POR TELEFONO A LA OFICINA CUYA DIRECCION SE ENCUENTRA ESCRITA ABAJO PARA AVERIGUAR DONDE SE PUEDE CONSEGUIR ASISTENCIA LEGAL. SI USTED NO PUEDE PAGARLE A UN ABOGADO, ESTA OFICINA PUEDE PROVEERE INFORMACION ACERCA AGENCIAS QUE PUEDAN OFRECER SERVICIOS LEGAL A PERSONAS ELIGIBLE AQ UN HONORARIO REDUCIDO O GRATIS. CUMBERLAND COUNTY BAR ASSOCIATION 2 Liberty Avenue Carlisle, PA 17013 LEGAL SERVICES INC 8 Irvine Row Carlisle, PA 17013 717-243-9400 THIS FIRM IS A DEBT COLLECTOR AND WE ARE ATTEMPTING TO COLLECT A DEBT OWED TO OUR CLIENT. ANY INFORMATION OBTAINED FROM YOU WILL BE USED FOR THE PURPOSE OF COLLECTING THE DEBT. RESOURCES AVAILABLE FOR HOMEOWNERS IN FORECLOSURE ACT NOW! Even though your lender (and our client) has filed an Action of Mortgage Foreclosure against you, you still may be able to SAVE YOUR HOME FROM FORECLOSURE. 1). Call an attorney. For referrals to a qualified attorney call either of the following numbers: or 717- 243-9400. 2). Call the Consumer Credit Counseling Agency at 1-800-989-2227 for free counseling. 3). Visit HUD's website www.hud.gov for Help for Homeowners Facing the Loss of Their Homes. 4). Pennsylvania Housing Finance Agency also offers other loan programs that may assist homeowners in default. Please See the PHFA website http://www.phfa.org/consumers/homeowners/real.aspx. 5). Call the Plaintiff (your lender) and ask to speak to someone about Loss Mitigation or Home Retention options. 6). Foreclosure Resource Center: http://www.philadelphiafed.org/foreclosure/ 7). Call or contact our office to request the amount to bring the account current, or payoff the mortgage or request a Loan Workout / Home Retention Package. Call our toll free number at 1-866-413-2311 or via email at homeretentionkkmllawgroup.com. Call Seth at 215-825-6329 or fax 215-825-6429. The figure and/or package you requested will be mailed to the address that you request or faxed if you leave a message with that information. The attorney in charge of our firm's Homeowner Retention Department is David Fein who can be reached at 215-825-6318 or Fax: 215-825-6418. Please reference our Attorney File Number of 112809FC. Para informacion en espanol puede communicarse con Loretta a1215-825-6344. This Action of Mortgage Foreclosure will continue unless you take action to stop it. COMPLAINT IN MORTGAGE FORECLOSURE Plaintiff is BANK OF AMERICA, N.A., 7105 Corporate Drive, PTX B-209 Plano, TX 75024. 2. The name(s) and address(es) of the Defendant(s) is/are ELIZABETH A. ERB, 662 Walnut Bottom Road, Shippensburg, PA 17257 and GARY L. ERB JR., 662 Walnut Bottom Road, Shippensburg, PA 17257, who is/are the mortgagor(s) and record owner(s) of the mortgaged premises hereinafter described. On September 21, 2007 mortgagor(s) made, executed and delivered a mortgage upon the Property hereinafter described to BANK OF AMERICA, N.A., which mortgage is recorded in the Office of the Recorder of Deeds of Cumberland County on September 25, 2007 as Instrument # 200737216. The Mortgage and Assignment(s) are matters of public record and are incorporated by this reference in accordance with Pennsylvania Rule of Civil Procedure 1019(g); which Rule relieves the Plaintiff from its obligation to attach documents to pleadings if those documents are matters of public record. A loan modification agreement dated April 5th, 2011, is hereto attached as Exhibit "C". 4. The Property subject to the Mortgage is more fully described in the legal description set forth as Exhibit "A" ("Property"). 5. The mortgage is in default because the monthly payments of principal and interest are due and unpaid for January 01, 2012 and each month thereafter and by the terms of the Mortgage, upon default in such payments for a period of one month or more, the entire principal balance and all interest due and other charges are due and collectible. 6. The following amounts are due to Plaintiff on the Mortgage: Principal Balance ..................................................................................$117,406.98 Interest from 12/01/2011 through 04/06/2012 at 5.8750% .......................$2,393.47 Per Diem at 18.84 Late Charges from ...........................................................................................$85.08 Monthly late charge amount at $36.95 Escrow Advances ......................................................................................$1,931.27 Fee Due Advances .........................................................................................$45.00 Suspense Credit ....................................................................................... ($1,033.54) Reasonable Attorney's Fee ........... .............................................................$1,450.00 $122,278.26 If the Mortgage is reinstated prior to a Sheriff's Sale, the Attorney's Fees set forth above may be less than the amount demanded based on work actually performed. Plaintiff reserves the right to request additional attorney's fees if the complexity of the action results in fees in excess of the amount demanded. Further, Plaintiff will request recovery of all costs incurred in this action including, but not limited to, costs of suit, process serving and skip tracing, title searches, recording costs and any other costs of the action in accordance with the mortgage documents and applicable law. Plaintiff is not seeking a judgment of personal liability (or an "in personam" judgment) against the Defendants in this Action but reserves its right to bring a separate Action to establish that right, if such right exists. If Defendants have received a discharge of their personal liability in a Bankruptcy proceeding, this Action of Mortgage Foreclosure is, in no way, an attempt to re-establish the personal liability that was discharged in Bankruptcy, but only to foreclose the Mortgage and sell the Property pursuant to Pennsylvania law. 9. Notice of Intention to Foreclose has been sent to Defendants by certified mail, on the date set forth in the true and correct copy of the Notice attached and incorporated as Exhibit B". WHEREFORE, Plaintiff demands a de terris judgment in mortgage foreclosure in the sum of $122,278.26, together with interest at the rate of 18.84, per day and other expenses, costs and charges incurred by the Plaintiff which are properly chargeable in accordance with the terms of the Note and Mortgage and Pennsylvania law until the Mortgage is paid in full, and for the kreclosurA of the Mortgage and Sheriff s Sale of the Property. By: KML LA GUP, P.C. Mic el 37Keever Pa. ID 56129 Jay E. Kivitz Pa. ID 26769 Lisa Lee Pa. ID 78020 Kristina Murtha Pa. ID 61858 David Fein Pa. ID 82628 Thomas Puleo Pa. ID 27615 Joshua I. Goldman Pa. ID 205047 Jill P. Jenkins Pa. ID 306588 Andrew F. Gornall Pa. ID 92382 Attorneys for Plaintiff VERIFICATION Pau / b xa. , hereby states thaOhshe is Ass 1. 6f V e e. of Bank of America, N.A., Plaintiff in this matter, that 9she is authorized to make this Verification, and verify that the statements made in the foregoing Civil Action in Mortgage Foreclosure are true and correct to the best of knowledge, information and belief. The undersigned understands that this statement is made subject to the penalties of 18 Pa. C.S. Sec. 4904 relating to unsw(?rn falsification to authorities. Date: ? / /o Name: ttu/ ?//? Title: #112809FC - ELIZABETH A. ERB and GARY L. ERB JR. 662 Walnut Bottom Road Shippensburg, PA 17257 Eyt$ hibit A Exhibit A ALL those certain tracts of land with improvements thereon erected, situate in the Village of lees Cross Roads, Southampton 'rownship, Cumberlttnci County, Pennsylvania, more fully bounded and described as follows, LOT NO. 14: BEGINNING on the North by Walnut Bottom Road; on the South by public alley; on the Fast by public alley; and on the West by Lot No. 15; said lot having a frontage "Of 55 feet on the Walnut Bottom Road and extending in depth 247 feet to the alley in tie rear. MU NO. I5: BEGINNING on the North by Walnut Bottom Road, on the South by public affcy, on the Ewo by Lot No. 14, above described; and On the West by land now tar formerly of Jacob Stouffer; said lot having a ftontaW of 55 feet on the Walnut Bottom Road aim extending in depth 247 ','s feet to alley in the rear. Er, hi6it (B *Exhibit has been redacted to remove all personally identifiable information or non-public information Bankof America -400, PRESORT First-Class Mail Home Loans PO Box 9048 U.S. Postage and Temecula, CA 92589-9048 IIIIIIIIIIIIIIIIIIIIII Fees Paid WSO 7196 9006 9295 7471 6594 Send Payments to: P.O. Box 15222 Wilmington, DE 19886-5222 Send Correspondence to: PO Box 5170, MS SV314B Simi Valley. CA 93065 20120131-7 Elizabeth A Erb 662 Walnut Bottom Rd Shippensburg, PA 17257-9648 Zwi . C3_1445 BLQPA114091 081242011 Bankof America Home Loans P.O. Box 942073 Simi Valley, CA 93094-1288 Elizabeth A Erb 662 Walnut Bottom Rd Shippensburg, PA 1 7 257-9648 NOTICE OF INTENT TO FORECLOSE MORTGAGE Este es un aviso importante respecto a su derecho de ocupar su case. Favor de traducirlo de inmediato. (This is an important notice concerning your right to live in your home. Have it translated at once.) Our records indicate that you transferred all or a part of your interest in the above referenced property and/or allowed your mortgage loan to be assumed: however, you were not released from contractual liability for the loan. Therefore, you are still contractually responsible for repayment of this debt. We regret to advise you that this loan is in default, and we are prepared to initiate foreclosure proceedings. The following letter was sent to the current owner of the property: The MORTGAGE held by Fannie Mae (hereinafter we, us or ours) on your property located at 662 Walnut Bottom Rd Shippensburg, PA 17257-9648 IS IN SERIOUS DEFAULT because you have not made the monthly payments for the months of: Monthly Charges: 12/01/2011 Send Payments to: P.O. Box 15222 Wilmington, DE 1 9 8 86-5222 January 31, 2012 Certified Mail: 7196 9006 9295 7471 6594 Return Receipt Requested Regular Mail Account No.41OW09 Property Address: 662 Walnut Bottom Rd Shippensburg, PA 17257-9648 Current Servicer: Bank of America, N.A. $1,948.46 Late charges and other charges have also accrued to this date in the amount of $73.90 Late Charges: 12/01/2011 $73.90 Other Charges: Uncollected Late Charges: Uncollected Costs: Partial Payment Balance: TOTAL DUE: $0.00 $15.00 ($0.00) $2,037.36 The total amount now required to cure this default, or in other words, get caught up in your payments, as of the date of this letter, is $2,037.36. You may cure this default within THIRTY (30) DAYS of the date of this letter, by paying to us the above amount of $2,037.36, plus any additional monthly payments and late charge which may fall due during this period. Such payment must be made either by cash, cashier's check, certified check or money order, and made at Bank of America, N.A. at P.O. Box 15222, Wilmington, DE 19886-5222. If you do not cure the default within THIRTY (30) DAYS, we intend to exercise our right to accelerate the mortgage payments. This means that whatever is owing on the original amount borrowed will be considered due immediately and you may lose the chance to pay off the original mortgage in monthly installments. If full payment of the amount of default is not made within THIRTY (30) DAYS, we also intend to instruct our attorneys to start a lawsuit to foreclose your mortgaged property. If the mortgage is foreclosed your mortgaged property will be sold by the Sheriff to pay off the mortgage debt. If we refer your case to our attorneys, but you cure the default before they begin legal proceedings against you, you will still have to pay the reasonable attorney's fees, actually incurred, up to $50.00. However, if legal proceedings are started against you, you will have to pay the reasonable attorneys fees even if they are over $50.00. Any attorney's fees will be added to whatever you owe us, which may also include our reasonable costs. !f you cure the default within the thirty (30) day period, you will not be required to pay attorney's fees. We may also sue you personally for the unpaid principal balance and all other sums due under the mortgage. If you have not cured This communication is from Bank of America, NA., the servicer of your home loan. This communication is from a debt collector. Please write your accouri number on all checks and correspondence. We may charge you a fee (of up to $40.D0) for any payment returned or rejected by your financial instilution, subject to applicable law. C3 1445 BLQPAI 14091 D82420it Paymard Instructions' Account Number: 09-9 • Make your check payable to Bank of Balance Due for charges listed above: $2,037.36 as of January 31, 2012. Elizabeth A Ertl America, N.A. 662 Walnut Bottom Rd PI-seupdate.-I lnlormA- on lh.-rs. sideofthm-upon. . Don't send cash • Please -dude coupon with your Shippensburg, PA 17257-9648 AdtMiond' Payment Pdni BLQPAI For all ful'. month payment periods, gdlyf interest is calculatedonamonthly basis. III IIIIIII"'I'I Fscow IIII'III 'III I" I I'I I"I I IIII I' II I Accordingly, interest for all full months, II I I I I I II I I II I II including February, is calculated as N.A. Bank of America 301360 of annual interest, irrespective of , F- PO BOX 15222 the actual number of days in the month. For partial months, interest is calculated fora' Wilmington, DE 19886-5222 1 daily on the basis of a 365 day year. 1-800-669-0152 871610409900000203736000203736 1: 58 6 9 900 581:8 7 16 10 40 911' the default within the thirty (30) day period and foreclosure proceedings have begun, you still have the right to cure the default and prevent the sale at any time up to one hour before the Sheriff's foreclosure sale. You may do so by paying the total amount of the unpaid monthly payments plus any late or other charges then due, as well as the reasonable attorney's fees and costs connected with the foreclosure sale [and perform any other requirements under the mortgage]. It is estimated that the earliest date that such a Sheriffs sale could be held would be approximately six (6) months from the date of this Notice. A notice of the date of the Sheriff sale will be sent to you before the sale. Of course, the amount needed to cure the default will increase the longer you wait- You may find out at any time exactly what the required payment will be by calling us at the following number. 1-800-669-0102. This payment must be in cash, cashier's check, certified check or money order and made payable to us at the address stated above. You should realize that a Sheriffs sale will end your ownership of the mortgaged property and your right to remain in it. If you continue to live in the property after the Sheriffs sale, a lawsuit could be started to evict you. You have additional rights to help protect your interest in the property. YOU HAVE THE RIGHT TO SELL THE PROPERTY TO OBTAIN MONEY TO PAY OFF THE MORTGAGE DEBT, OR TO BORROW MONEY FROM ANOTHER LENDING INSTITUTION TO PAY OFF THIS DEBT. [YOU MAY HAVE THE RIGHT TO SELL OR TRANSFER THE PROPERTY SUBJECT TO THE MORTGAGE TO A BUYER OR TRANSFEREE WHO WILL ASSUME THE MORTGAGE DEBT, PROVIDED THAT ALL THE OUTSTANDING PAYMENTS, CHARGES AND ATTORNEY'S FEES AND COSTS ARE PAID PRIOR TO OR AT THE SALE, [AND THAT THE OTHER REQUIREMENTS UNDER THE MORTGAGE ARE SATISFIED]. CONTACT US TO DETERMINE UNDER WHAT CIRCUMSTANCES THIS RIGHT MIGHT EXIST]. YOU HAVE THE RIGHT TO HAVE THIS DEFAULT CURED BY ANY THIRD PARTY ACTING ON YOUR BEHALF. If you cure the default, the mortgage will be restored to the same position as if no default had occurred. However, you are not entitled to this right to cure your default more than three times in any calendar year. Bank of America, N.A., the servicer of your home loan, is required by law to inform you that this communication is from a debt collector. This communication is from Bank of America, N.A., the servicer of your home loan. E-mail use: Providing your e-mail address below will allow us to send you information on your account. Account Number: 871610409 Elizabeth A Erb E-mail address' How we post your payments: All accepted payments of principal and interest will be applied to the longest outstanding installment due, unless otherwise expressly prohibited or limited by law. If you submit an amount in addition to your scheduled monthly amount, we will apply your payments as follows: (i) to outstanding monthly payments of principal and interest, (ii) escrow deficiencies, (iii) late charges and other amounts you owe in connection with your loan and (N) to reduce the outstanding principal balance of your loan. Please specify if you want an additional amount applied to future payments, rather than principal reduction. Postdated checks: Postdated checks will be processed on the date received unless a loan counselor agrees to honor the date written on the check as a condition of a repayment plan. Options are Available to Help You Avoid Foreclosure Call the number on the enclosed notice to learn more. When you call, please have your income and expense information available so we can discuss which option(s) could work for you. Options to consider if your goal is to stay in your home Home A federal government program that allows you to repay the loan on newly agreed upon terms, which Affordable may include lowering the interest rate, placing past due amounts at the end of the loan, and/or Modification extending the term of the loan. You may be eligible for this program if you meet the following Program requirements: (RAMP) The home is your primary residence and you currently live in it. . The amount you owe on the first mortgage is equal to or less than $729,750 for a single-family home, $934,200 for a 2 unit property, $1,129,250 for a 3 unit property or $1,403,400 for a 4 unit property . You have experienced a hardship that has impacted your income. For example, a significant increase in your mortgage payment OR reduction in your income OR other hardship. . Your mortgage was obtained before Jan. 1, 2009. Your payment on your first mortgage (including principal, interest, taxes, insurance and homeowner's association dues, if applicable) is more than 31 % of your current gross income. To calculate this, divide your first mortgage payment by your gross income (income before taxes). Loan If you can bring your loan payments up to date, we will accept the funds needed to bring the loan up Reinstatement to date until the day of your foreclosure sale. Repayment A temporary agreement which allows for the repayment of the unpaid, past due amount along with Plan regular mortgage payments. This may include principal, interest, fees, and/or costs assessed to your loan. Temporary An agreement whereby we agree not to proceed with foreclosure and/or collection of payments for a Forbearance period of time, to allow you to re-establish your ability to make the required payments. Agreement Loan Repay the loan on newly agreed upon terms, which may include lowering the interest rate, placing Modification amounts past due at the end of the loan, and/or extending the term of the loan. (non-HAMP) Partial Claim If you have a Federal Housing Administration (FHA) loan and your payments are past due but you (FHA loans are now able to make your regular monthly mortgage payment, this program is designed to bring your Only) loan up to date by creating a second mortgage/lien on your property for the amount that is past due. Options to consider if you cannot or do not wish to stay in your home Home Designed to help borrowers who are eligible for the Home Affordable Modification Program (HAMP) Affordable but were unsuccessful in securing a permanent modification through the program. HAFA provides the Foreclosure option of a short sale and, if unsuccessful, a deed in lieu of foreclosure. A short sale is a transaction Alternatives in which you sell your property for less than the total amount owed on the loan (subject to agreement Program by your servicer/lender/investor), resulting in the release of our lien on your home and avoidance of (HAFA) foreclosure. A deed in lieu of foreclosure is a transaction in which you agree to voluntarily transfer ownership of your property to us in order to avoid foreclosure. Short Sale/ Offered to borrowers who are not eligible for HAMP or other home retention alternatives. With a short Preforeclosure sale, you sell your property for less than the total amount owed on the loan (subject to agreement by Sale your servicer/lender/investor), resulting in the release of our lien on your home and avoidance of (non-HAFA) foreclosure. Deed in Lieu of Offered to borrowers not eligible for HAMP or other home retention alternatives, and who were not Foreclosure able to sell the property through a short sale. With a deed in lieu of foreclosure, you agree to (non-HAFA) voluntarily transfer ownership of your property to us in order to avoid foreclosure. U We are here to help you. Please call us today. 7196 9006 9295 7471 6594 Hay Opciones Disponibles Para Ayudarle a Evitar la Ejecucion Hipotecaria Llame al numero que aparece en la notificaci6n adjunta para obtener mas informaci6n Cuando Ilame, tenga la informacion de sus ingresos y gastos disponibles para que podamos discutir cual opci6n(es) pueden funcionar para usted. Opciones a considerar si su objetivo es permanecer, en su casa Home Affordable Un programa del gobierno federal que le permite pagar el pr6stamo bajo los nuevos t6rminos Modification acordados, que pueden incluir la reducci6n de la tasa de inter6s, agregando la cantidad adeudada Program (HAMP) at final del pr6stamo, y / o extender el plaza del pr6stamo. Usted puede ser elegible para este programa si cumple con los siguientes requisitos: • La casa es su residencia principal y actualmente vive en ella. . La cantidad adeudada en la primera hipoteca debe ser igual o menos que $729,750 d6lares para una vivienda unifamiliar, $934,200 d6lares para una propiedad de 2 unidades, $1,129,250 d6lares para una propiedad de 3 unidades o $1,403,400 para una propiedad de 4 unidades Ha experimentado una dificultad que ha afectado sus ingresos. Par ejemplo, un aumento significativo en su pago hipotecario O reducci6n de sus ingresos U otras dificultades. • Obtuvo su hipoteca antes del 01 de enero 2009. . Su pago de la primera hipoteca (incluyendo principal, inter6s, impuestos, seguro y cuotas de asociaci6n de propietarios, si se aplica) debe ser mas del 31 % de sus ingresos brutos actuates. Para calcular esto, divida su pago hipotecario par sus ingresos brutos (ingresos antes de impuestos). Restablecimiento Si usted puede traer sus pagos del pr6stamo hipotecario al dia, se le aceptaran los fondos del Pr6stamo necesarios para que el pr6stamo este al dia hasta la fecha de la venta judicial. Plan de Pago Un acuerdo temporal que permite el pago de la cantidad adeudada, cantidad del pago atrasado junto con los pagos regulares de la hipoteca. Esto puede incluir principal, inter6s, honorarios y/o costos aplicados a su pr6stamo. Acuerdo Un acuerdo par el cual nos comprometemos a no proceder con la ejecuci6n hipotecaria y/o Temporal de colecci6n de pagos par un periodo de tiempo, para permitirle que restablezca su habilidad de Tolerancia hacer [as pagos requeridos. Modificaci6n de Pagar el pr6stamo bajo los nuevos t6rminos acordados, que puede incluir la reducci6n de la tasa Pr6stamo de inter6s, agregando la cantidad adeudada al final del pr6stamo, y/o extender el plaza del (no por medio pr6stamo. de HAMP) Reclamo Parcial Si usted tiene un pr6stamo de la Administraci6n Federal de Vivienda (FHA) y sus pagos est6n (solamente vencidos, pero ahora puede hacer sus pagos regulares mensuales de la hipoteca, este programa prestamos de la esta disenado para que su pr6stamo este al dia mediante la creaci6n de una segunda hipoteca / FHA) gravamen sabre su propiedad par la cantidad adeudada. Opciones a considerar si no puede o no desea quedarse en su casa :: ['% :>".E " >< >€>?>...... . . _...... ::........ Home ..: .::::.::.:.: _...... - . Diseriado para ayudar a los prestatarios que son elegibles para el Programa de Home Affordable Affordable Modification (HAMP), pero no tuvieron 6xito en obtener una modificaci6n permanence a trav6s del Foreclosure programa. HAFA ofrece la posibilidad de una yenta corta y, si no tiene 6xito, una entrega de Alternatives escritura para evitarjuicio hipotecario. Una venta corta es una transacci6n en la que usted vende su Program propiedad par menos de la cantidad adeudada en el pr6stamo (sujeto a previo acuerdo de su (HAFA) administrador / prestamista / inversionista), resultando en la liberaci6n de nuestro derecho de retenci6n sabre su propiedad y evitar la ejecuci6n hipotecaria. Una entrega de escritura para evitar juicio hipotecario es una transacci6n en la que usted est6 de acuerdo de transferir voluntariamente las escrituras de su propiedad a nosotros con el fin de evitar la ejecuci6n hipotecaria. Yenta Corta/ Se ofrece a los prestatarios que no son elegibles para HAMP u otras alternativas de retenci6n de Venta antes de hogar. Con una yenta corta, usted vende su propiedad par menos de la cantidad total adeudada en Ejecucion el pr6stamo (sujeto a un acuerdo par su administrador / prestamista / inversionista), resultando en la Hipotecaria (no liberaci6n de nuestro derecho de retenci6n sabre su propiedad y evitando la ejecuci6n hipotecaria. por medio de HAFA) Entrega de Se ofrece a los prestatarios que no son elegibles para HAMP u otras alternativas de retenci6n de Escritura Para hogar, y que no pudieron vender la propiedad a trav6s de una yenta corta. Con una entrega de Evitar Juicio escritura para evitar juicio hipotecario, usted esta de acuerdo a transferir volunlariamente las Hipotecario escrituras de su propiedad a nosotros para evitar la ejecuci6n hipotecaria. (no por medio de HAFA) Estamos aqui para ayudarle. Por favor IlAmenos hoy. Exhibit C RECORDING REQUESTED BY: BAC Home Loans Servicing, LP Attri Home Retention Division, CA6-939-01-43 400 National Way Simi Valley, CA 93065 Loan #: M409 --------------- - ----SPACE ABOVE THIS LINE FOR RECORDER'S LOAN MODIFICATION AGREEMENT (Fixed Interest Rate) This Loan Modification Agreement ("Agreement"), made this 5th day of April 2011, between GARY L ERB JR, ELIZABETH A ERB (the "Borrower(s)") and BAC Home Loans Servicing, LP (Lender), amends and supplements (1) the Mortgage, Deed of Trust, or Deed to Secure Debt (the Security Instrument), dated the 21 st day of September 2007 and in the amount of $111,920.00 and (2) the Note bearing the same date as, and secured by, the Security Instrument, which covers the real and personal property described in the Security Instrument and defined therein as in the'Property', located at 662 WALNUT BOTTOM RD, SHIPPENSBURG, PA 17257. SAME AS IN SAID SECURITY INSTRUMENT In consideration of the mutual promises and agreements exchanged, the parties hereto agree as follows (notwithstanding anything to the contrary contained -in the Note or Security Instrument): 1. As of the 1st day of June 2011, the amount payable under the Note or Security Instrument (the "Unpaid Principal Balance") is U.S. $118,846.50, consisting of the amount(s) loaned to the Borrower by Lender, which may include, but are not limited to, any past due principal payments, interest, fees and/or costs capitalized to date. All costs and expenses incurred by Lender in connection with this Agreement, including recording fees, title examination, and attorney's fees, shall be paid by the Borrower and shall be secured by the Security Instrument, unless stipulated otherwise by Lender. 2. The Borrower promises to pay the Unpaid Principal Balance, plus interest, to the order of the Lender. Interest will be charged on the Unpaid Principal Balance at the yearly rate of 5.875% from the 1 st day of May 2011. The Borrower promises to make monthly payments of principal and interest of U.S. $738.98 beginning on the 1st day of June 2011, and continuing thereafter on the same day of each succeeding month until principal and interest are paid in full. If on the 1 st day of October 2037 (the "Maturity Date"), the Borrower still owes amounts under the Note and Security Instrument, as amended by this Agreement, the Borrower will pay these amounts in full on the Maturity Date. 3. If all or any part of the Property or any interest in the Property is sold or transferred (or if Borrower is not a natural person and a beneficial interest in Borrower is sold or transferred) without Lender's prior written consent, Lender may require immediate payment in full of all sums secured by the Security Instrument. If Lender exercises this option, Lender shall give Borrower notice of acceleration. The notice shall provide a period of not less than 30 days from the date the notice is delivered or mailed within which Borrower must pay all sums secured by the Security Instrument. If Borrower fads to pay these sums prior to the expiration of this period, Lender may invoke any remedies permitted by the Security Instrument without further notice or demand on Borrower. 4. Borrower also will comply with all other covenants, agreements, and requirements of the Security Instrument, including without limitation, Borrower's covenants and agreements to make all payments of taxes, insurance premiums, assessments, escrow items, impounds, and all other payments that Borrower is obligated to make under the Security Instrument; however, the following terms and provisions are forever canceled, null and void, as of the date specified In paragraph No. 1 above: (a) all terms and provisions of the Note and Security Instrument of any) providing for, implementing, or relating to, any change or adjustment in the rate of interest payable under the Note, including, where applicable, the Timely Payment Rewards rate reduction, as described in paragraph 1 of the Timely Payment Rewards Addendum to Note and paragraph A.1. of the Timely Payment Rewards Rider. By executing this Agreement, Borrower waives any Timely Payment Rewards rate reduction to which Borrower may have otherwise been entitled; and (b) all terms and provisions of any adjustable rate rider, or Timely Payment Rewards Rider, where applicable, or other instrument or document that is affixed to, wholly or partially incorporated into, or is part of, the Note or Security Instrument and that contains any such terms and provisions as those referred to in (a) above. 5. The Borrower will make such payments at PO Box 515503, Los Angeles, CA 90051-6803 or at such other place as the Lender may require. 6. Nothing in this agreement shall be understood or construed to be a satisfaction or release in whole or in part of the Note and Security Instrument. Except as otherwise specifically provided in this Agreement, the Note and Security Instrument will remain unchanged, and the Borrower and Lender will be bound by, and comply with, all terms and provisions thereof, as amended by this Agreement 7. In consideration of this Modification, Borrower agrees that if any document related to the Security Instrument, Note and/or Modification is lost, misplaced, misstated, inaccurately reflects the true and correct terms and conditions of the loan as modified, or is otherwise missing, Borrower(s) will comply with Lender's request to execute, acknowledge, initial and deliver to Lender any documentation Lender deems necessary. If the original promissory note is replaced the Lender hereby indemnifies the Borrower(s) against any loss associated with a demand on the original note. All documents Lender requests of Borrower(s) shall be referred to as Documents. Borrower agrees to deliver the Documents within ten (10) days after receipt by Borrower(s) of a written request for such replacement. BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N.A Lam# W09 Page 1 of 2 As evidenced by their signatures below, the Borrower and the Lender agree-to the foregoing. G RB JR Date ELIZABETH A RB Date STATE OF PA County OF UYY1l On Pro n 'ii ) ra?tt Before me, ) X' jjr.? Notary Public, personally appeared personalty known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) Ware 'subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/herriheir authorized capacity(les), and that by his/her/their signatures (s) on the instrument the person(s), or entity up ¢.ehalf of which the person(s) acted, executed the instrument. MNIONINELTH OF PENNSYLVANIA NOTARIAL SEAL WITNESS my hand and official seal. Signature), No k OFBOF.,pj i WARREN. Notary pubr- My ., Curnbsdarrd County Explms November8, 2013 Do Not Write Below This Line. THIS SECTION IS FOR INTERNAL BANK OF AMERICA HOME LOANS SERVICING, LP USE ONLY By: STATE OF County OF On Before me, Notary Public, personally appeare personally known to me (or proved to me on the basis of satisfactory evidence) to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that he/she/they executed the same in his/her/their authorized capacity(les), and that by his/herAheir signatures (s) on the Instrument the person(s), or entity upon behalf of which the person(s) acted, executed the instrument WITNESS my hand and official seal. Signature Dated: BAC Home Loans Servicing, LP is a subsidiary of Bank of America, N A Loan, 409 Page 2 of 2 i IN THE COURT OF COMMON PLEAS OF CUMBERLAND COUNTY, PENNSYLVANIA r= BANK OF AMERICA, N.A. - r .. Plaintiff 3 vs. Case No. ` - G ELIZABETH A. ERB ` GARY L. ERB JR. Defendant(s) NOTICE OF RESIDENTIAL MORTGAGE FORECLOSURE DIVERSION PROGRAM You have been served with a foreclosure complaint that could cause you to lose your home. If you own and live in the residential property which is the subject of this foreclosure action, you may be able to participate in a court-supervised conciliation conference in an effort to resolve this matter with your lender. If you do not have a lawyer, you must take the following steps to be eligible for a conciliation conference. First, within twenty (20) days of your receipt of this notice, you must contact MidPenn Legal Services at (717) 243-9400 extension 2510 or (800) 822-5288 extension 2510 and request appointment of a legal representative at no charge to you. Once you have been appointed a legal representative, you must promptly meet with that legal representative within twenty (20) days of the appointment date. During that meeting, you must provide the legal representative with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your legal representative complete a financial worksheet in the format attached hereto, the legal representative will prepare and file a Request for Conciliation Conference with the Court, which must be filed with the Court within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. If you are represented by a lawyer, you and your lawyer must take the following steps to be eligible for a conciliation conference. It is not necessary for you to contact MidPenn Legal Service for the appointment of a legal representative. However, you must provide your lawyer with all requested financial information so that a loan resolution proposal can be prepared on your behalf. If you and your lawyer complete a financial worksheet in the format attached hereto, your lawyer will prepare and file a Request for Conciliation Conference with the Court, which must be filed within sixty (60) days of the service upon you of the foreclosure complaint. If you do so and a conciliation conference is scheduled, you will have an opportunity to meet with a representative of your lender in an attempt to work out reasonable arrangements with your lender before the mortgage foreclosure suit proceeds forward. IF YOU WISH TO SAVE YOUR HOME, YOU MUST ACT QUICKLY AND TAKE THE STEPS REOUIRED BY THIS NOTICE. THIS PROGRAM IS FREE. _ 6/14/2012 Date Cumberland County Residential Mortgage Foreclosure Diversion Program Financial Worksheet Date Cumberland County Court of Common Pleas Docket # BORROWER REQUEST FOR HARDSHIP ASSISTANCE "ro complete-your request for hardship assistance, your lender must consider your circumstances to determine possible options while working with your Please provide the following information to the best of your knowledge: Borrower name(s): Property Address: City: Is the property for sale? Realtor Name: Borrower Occupied? Mailing Address (if different). City: Phone Numbers: Email: # of people in household: State: Zip: Yes ? No ? Listing date: Price: $ _ Realtor Phone: Yes No Home: Cell: Mailing Address; City: Phone Numbers: Home: Cell: State:-Zip: -- Office: Other: Office: Other: State: Zip: Email- # of people in household: How long? First Mortgage Lender: Type of Loan.: Loan Number: Date You Closed Your Loan: Second Mortgage Lender: Type of Loan: Loan Number: Total Mortgage Payments Amount: $ Date of Last Payment: Primary Reason for Default: How long? Included Taxes & Insurance: Is the loan in Bankruptcy? Yes [] No ? If yes, provide names, location of court, case number & attorney: Assets 1-Iome: Other Real Estate: Retirement Funds: Investments: Checking: Savings: Other: Amount Owed: Value: Automobile #1: Model: Amount owed: Automobile #2: Model: Amount owed: Value: Value: Year: Year: Other transportation (automobiles, boats, motorcycles): Model: _ Year. Amount owed: Value Monthly Income Name of Employers: 1 2. Additional Income Description (not wages): 1. monthly amount: 2. monthly amount: Borrower Pay Days: Co-Borrower Pay Days: Monthly Expenses: (Please only include expenses you are currently paying) EXPENSE AMOUNT EXPENSE AMOUNT Mortgage Food 2 M e Utilities Car Pa ens Condo/Nei . Fees Auto Insurance Med. not covered Auto fuel/re irs Other prop, a meat Install. Loan Payment Cable TV Child 5u rt/Alim. Sanding Money Da /Child Care/Tuit, Other Expenses Amount Available for Monthly Mortgage Payments Based on Income & Expenses: Have you been working with a Housing Counseling Agency? Yes P, No if yes, please provide the following information: Counseling Agency: Counselor: Phone (Office): Fax: Ismail: Have you made application for Homeowners Emergency Mortgage Assistance Program (HEMAP) assistance? Yes ? No If yes, please indicate the status of the application: Have you had any prior negotiations with your tender or lender's loan servicing company to resolve your delinquency? Yes ? No [] If yes# please indicate the status of those negotiations: Please provide the following information, if know, regarding your lender or lender's loan servicing company: Lender's Contact (Name): Servicing Company (Name): Contact: Phone: Phone: Uwe. $ authorize the above named to uselrefer this information to my lender/servicer for the sole purpose of evaluating my financial situation for possible mortgage options. UWe understand that Uwe am/are under no obligation to use the services provided by the above named Borrower Signature Date Co-Borrower Signature Date Please forward this document along with the following information to lender and lender's counsel: Proof of income -V( Past Z bank statements Y Proof of any expected income for the last 45 days Copy of a current utility bill Letter explaining reason for delinquency and any supporting documentation (hardship letter) V Listing agreement (if property is currently on the market) SHERIFF'S OFFICE OF CUMBERLAND COUNTY Ronny R Anderson Sheriff Jody S Smith Chief Deputy Richard W Stewart Solicitor u; I H PRO C iAgyp, 'THO 2012 JUL 16 AM 8: 48 CUMBFRLAN€l COUN PENNSYLVANIA ?4titi??tp of ?C?ur+4rrf?h? OFPCEOP-E 5"ERIFF Bank of America, NA vs. Case Numbei Elizabeth A. Erb (et al.) 2012-3800 SHERIFF'S RETURN OF SERVICE 06/25/2012 06:36 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 5, 2012 at 1836 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Gary Lee Erb, Jr., by making known unto Elizabeth Erb, Wife of Defen ar at 662 Walnut Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents an at the same time handing to her personally the said true and correct copy of the same. RT 06/25/2012 06:36 PM - Robert Bitner, Deputy Sheriff, who being duly sworn according to law, states that on June 5, 2012 at 1836 hours, he served a true copy of the within Complaint in Mortgage Foreclosure, upon the within named defendant, to wit: Elizabeth A. Erb, by making known unto herself personally, at 662 Wal u Bottom Road, Shippensburg, Cumberland County, Pennsylvania 17257 its contents and at the same tiin( handing to her personally the said true and correct copy of the same. SHERIFF COST: $64.00 June 28, 2012 SO ANSWERS, R ANDERSON, SHERIFF o) CoUrtYSUite Shenfl. Ieieosoft Irr.