THE HOMEOWNER’S SURVIVAL GUIDE TO

MORTGAGE DEFAULT AND FORECLOSURE

HANDBOOK TO HOPE (H2H)

(COMMUNICATION, MEDIATION AND SETTLEMENT)

(TOOLS, RESOURCES, FORMS FOR MEDIATION AND JUDICIAL FORECLOSURE IN FLORIDA)

By

Dawn M. Rapoport

Attorney at Law
Copyright © 2010 by Dawn M. Rapoport

All rights reserved. Printed and/or created in the United States of America.
No part of this book may be reproduced in any form and by any electronic or
mechanical means including information storage and retrieval systems---
except in the case of brief quotations embodied in critical articles or review--
without permission in writing from the publisher. Purchasers of this book
are granted a limited license to use the forms contained herein for their own
personal use. No claim of copyright is made to any official government
forms reproduced herein.

First Edition 2010

Published by: Self Defense Foreclosure Guide, Inc.

Copy Editor: Diane Howard

Front and back cover design by Jeremy D. Ward and Vivian Theriault
(Jeremy.ward@telijent.com).

Digital document and post production services provided by Telijent

Communications, Inc.

ISBN: 978-0-615-40810-1

This book is designed to provide accurate, authoritative, and useful

information and forms about the subject matter covered. The book is sold
with the understanding that the publisher and author are not engaged in
rendering legal, accounting, or other professional service. If legal advice or
other expert assistance is required, the services of a competent, licensed
professional person should be sought.

— From a Declaration of Principles jointly adopted by a Committee of the

American Bar Association and a Committee of Publishers and Associations.

This book is not a substitute for legal counsel or representation.

Disclaimer required by Florida statutes

ii
Purchasers of this book are also granted the right to use the forms contained
herein for their own personal use only. By purchasing this book, this license
limits you specifically to personal use only and all other copyright laws must
be abided by. No claim of copyright is made in any government form or
other portion of any other form or document that is reproduced in this book.
You are free and encouraged to modify the forms to tailor them to meet your
needs and your specific situation.

The author and publisher attempt to provide the most current information
available. However, the United States and your state and local legislature

and courts create, review, modify, and change laws continuously. By its very

nature, the information in our legal system is continuously changing. You

should seek a local attorney or conduct your own research on the laws
applicable to your situation.

CAUTION
THE INFORMATION AND FORMS CONTAINED IN THIS BOOK ARE GENERAL
IN NATURE. YOU WILL NEED TO LEARN ABOUT THE LOCAL RULES AND
PROCEDURES FOR YOUR COUNTY. FURTHER, THE AUTHOR DOES NOT
MAKE AN EXPRESS OR IMPLIED STATEMENT THAT SHE IS AN EXPERT IN
ANY FIELD OF PRACTICE. YOUR PURCHASE AND USE OF THIS
INFORMATION DOES NOT CREATE ANY ATTORNEY-CLIENT
RELATIONSHIP, NOR IS IT THE RENDERING OF LEGAL ADVICE OR SERVICE.
INDEED, THE USE OF THE FORMS IN THIS BOOK WILL NOT GET YOU
THROUGH AN ENTIRE CASE OF FORECLOSURE LITIGATION BUT THEY ARE
PROVIDED WITH THE INTENT OF GIVING YOU INFORMED AND USEFUL
INFORMATION ONLY, PARTICULALY TO GET TO A SETTLEMENT METHOD
CALLED MEDIATION. USE INFORMATION AT YOUR OWN RISK.

iii
 TABLE OF CONTENTS

FORWARD……………………………………………………………………………..…… 1

1 USING SELF-HELP LEGAL BOOKS………………………………………….. 2

2 COST/BENEFIT ANALYSIS ………………………….……………………..…. 5

3 LOCAL RULES AND PROCEDURES ……………………………………….. 8

4 INTRODUCTION…………….................................................................. 11

5 MORTGAGE DEFAULTS – HOW WE GOT HERE………………………. 20

6 THE RULES HAVE CHANGED; RECOGNIZE THE TERMS SO YOU CAN

COMMUNICATE……………………………………………………………………. 26

GLOSSARY……………………………………………….…………………………. 28

6.1 Accelerate………………………………………………………………………………………….. 28

6.2 According to our records……………………………………………………………………… 28

6.3 Acquiesce…………………………………………………………………………………………… 28

6.4 Affidavit of Amounts Due and Owing/Indebtedness………………………………. 28

6.5 Alt-A Loans…………………………………………………………………………………………. 29

6.6 Amortizing Loan………………………………………………………………………………….. 29

6.7 Appraisal……………………………………………………………………………………………. 29

6.8 Appraisal Reduction Amount……………………………………………………………….. 29

6.9 ARM Loans…………………………………………………………………………………………. 29

6.10 Asset-Backed Security (ABS)……………………………………………………………….. 30

6.11 Assignment of Mortgage (AOM)……………………………………………………………. 30

6.12 Balloon Loans…………………………………………………………………………………….. 30

6.13 Bankruptcy…………………………………………………………………………………………. 30

6.14 Bond………………………………………………………………………………………………….. 31

6.15 Bond Holder (Investor)………………………………………………………………………… 31

6.16 Borrower……………………………………………………………………………………………. 31

6.17 By Way Of…………………………………………………………………………………………… 31

6.18 Calculate Debt to Income……………………………………………………………………. 32

6.19 Close Date……………………………………………………………………………………….… 32

6.20 Complaint………………………………………………………………………………………….. 32

6.21 Complete…………………………………………………………………………………………… 32

6.22 Conduit………………………………………………………………………………………………. 32

6.23 Conforming Mortgage…………………………………………………………………………. 33

6.24 Consult………………………………………………………………………………………………. 33

6.25 Correspondent………………………………………………………………………………….... 33

6.26 Cram Down………………………………………………………………………………………… 33

6.27 Credit Score……………………………………………………………………………………….. 33

6.28 Deed of Trust - see Mortgage………………………………………………………………. 34

6.29 Default (clerk or court)………………………………………………………………………… 34

6.30 Deficiency Judgment…………………………………………………………………………… 34

6.31 Defendant………………………………………………………………………………………….. 35
6.32 Depositor…………………………………………………………………………………………… 35

6.33 DTI…………………………………………………………………………………………………….. 35

6.34 Extension of Time………………………………………………………………………………. 36

6.35 Fixed Rate Loans……………………………………………………………………………….. 36

6.36 Foreclosure……………………………………………………………………………………….. 36

6.37 Government-Insured Loans………………………………………………………………… 37

6.38 Government-Securitized Loans…………………………………………………………… 37

6.39 Government Sponsored Enterprises (GSE)………………………………………….. 37

6.40 Interrogatories…………………………………………………………………………………… 37

6.41 Junk Fees………………………………………………………………………………………….. 38

6.42 Lender………………………………………………………………………………………………. 38

6.43 Lien Holder………………………………………………………………………………………… 38

6.44 Loan Default……………………………………………………………………………………… 38

6.45 Mediation………………………………………………………………………………………….. 38

6.46 Mortgage………………………………………………………………………………………….. 39

6.47 Mortgage Banker………………………………………………………………………………. 39

6.48 Mortgage Broker……………………………………………………………………………….. 39

6.49 Mortgagor…………………………………………………………………………………………. 39

6.50 Motion………………………………………………………………………………………………. 40

6.51 Net Present Value of the Loan (NPV)…………………………………………………… 40

6.52 Non-performing Loans……………………………………………………………………….. 40

6.53 Notice of Default……………………………………………………………………………….. 40

6.54 Notice of Sale……………………………………………………………………………………. 41

6.55 Objection…………………………………………………………………………………………… 41

6.56 Option Payment Loans………………………………………………………………………. 41

6.57 Originator………………………………………………………………………………………….. 41

6.58 Piggyback Loans……………………………………………………………………………….. 41

6.59 Plaintiff……………………………………………………………………………………………… 42

6.60 Pooling and Servicing Agreement (PSA)………………………………………………. 42

6.61 Predatory Loans………………………………………………………………………………… 42

6.62 Prime Mortgage…………………………………………………………………………………. 43

6.63 Prime Mortgage Loans……………………………………………………………………….. 43

6.64 Prospectus………………………………………………………………………………………… 43

6.65 Real Estate Mortgage Investment Conduit (REMIC)……………………………… 44

6.66 Request for Admissions……………………………………………………………………… 44

6.67 Request for Production…………………………………………………………………….... 44

6.68 Securitization……………………………………………………………………………………. 45

6.69 Secondary Market Transaction…………………………………………………………… 45

6.70 Seller/Originator/Sponsor………………………………………………………………….. 45

6.71 Servicer…………………………………………………………………………………………….. 45

6.72 Sponsor……………………………………………………………………………………………. 46

6.73 Stipulate…………………………………………………………………………………………… 46

6.74 Subprime Loans………………………………………………………………………………… 46

6.75 Summary Judgment…………………………………………………………………………… 46

6.76 Summons…………………………………………………………………………………………. 47

6.77 Swap………………………………………………………………………………………………… 47
 6.78 Table Funding……………………………………………………………………………………. 47

6.79 Teaser Loans…………………………………………………………………………………….. 47

6.80 Trust…………………………………………………………………………………………………. 47

6.81 Trustee (Document Custodian)…………………………………………………………… 48

6.82 Underwriter……………………………………………………………………………………….. 48

6.83 Yield Spread Premium (YSP)……………………………………………………………….. 48

7 WHAT YOU NEED TO KNOW ABOUT THE FINANCIAL INDUSTRY

AND BANKS……………………………………………………………………… 49

8 LOAN MODIFICATION BASICS……………………………………………. 59

8.1 Forensic Loan Audits………………………………………………………………………….. 63

8.2 Loan Disposition Analysis……………………………………………………………….…… 67

9 MEDIATION BASICS AND SETTLEMENT OPTIONS…………….. 72

9.1 The Loan Default – the first step to foreclosure…………………………………... 79

9.2 Settlement Goals………………………………………………………………………………. 82

9.3 Settlement Options………………………………………………………………………….... 84

a) Loan Modification……………………………………………………………...................... 84
b) Forbearance Agreement……………………………………………………………………. 84
c) Temporary Rate or Payment Reduction……………………………...................... 84
d) Repayment and Loan Reinstatement Plan…………………………………………. 85
e) Refinancing and/or Principal Set Aside Plan………………………………………. 85
f) Reverse Mortgages…………………………………………………………........................ 86
g) Short Sale………………………………………………………………………......................... 87
h) Deed in Lieu of Foreclosure………………………………………………………………… 88
i) Litigation……………………………………………………………………………………………. 88
j) Bankruptcy…………………………………………………………………………………………. 89
k) Leaving the Property………………………………………………………………………...... 89
l) Abandoning the property………………………………………………………………….. 90
 9.4 Settlement Proposal……………………………………………………………………………. 91

10 GENERAL BANKING AND CONSUMER PROTECTION LAWS –

Glass-Steagal Act, Graham Leach Bliley Act, Uniform Commercial
Code, TILA & HOEPA, RESPA, FDCPA & FDUPTA, FHAct, ECOA,
and RICO, ILSA and SEC Act of 1933……………………………….. 93

10.1 The Glass Steagal Act (GSA) and Graham Leach Bliley Act (GLBA)………… 94

10.2 Uniform Commercial Code, Article 3……………………………………………………. 96

10.3 Truth In Lending Act (TILA)………………………………………………………………….. 102

10.4 Homeowner Equity Protection Act (HOEPA)…………………………………………. 107

10.5 Real Estate Settlement Procedures Act (RESPA)…………………………………. 110

10.6 Fair Debt Collection Practices Act (FDCPA)…………………………………………. 114

10.7 Equal Credit Opportunity Act (ECOA)…………………………………………………… 116

10.8 Fair Housing Act (FHAct)……………………………………………………………………. 118

a) Enforcing the of Fair Housing Laws……………………………………………….. 119

10.9 Federal (and State) Unfair and Deceptive Trade Practices Act (FDUPTA).. 121

10.10 Interstate Land Sales Act (ILSA) (for investors)………………………………….... 123

10.11 Uniform Standards of Appraisal Practice (USPAP)……………………………….. 126

10.12 Helping Tenants in Foreclosure Act of 2009………………………………………. 128

10.13 The Dodd-Frank Wall Street Reform and Consumer Protection Act

The Mortgage Reform Act……………………………………………………………….... 128

11 Issues, Claims and Defenses……………………………………….... 130

11.1 TILA…………………………………………………………………………………………………. 131

11.2 RESPA……………………………………………………………………………………………… 131

 11.3 Unfair Business Practices…………………………………………………………………. 131

11.4 UCC Violations…………………………………………………………………………………. 132

11.5 Fraud………………………………………………………………………………………………. 133

11.6 Negligence……………………………………………………………………………………….. 134

11.7 Breach of Fiduciary Duty…………………………………………………………………… 134

11.8 Breach of Contract………………………………………………………………………….… 135

11.9 Breach of Implied Covenant of Good Faith………………………………………… 135

11.10 Quiet Title……………………………………………………………………………………..…... 136

11.11 Racketeer Influenced and Corrupt Organizations Act (“RICO”)…………….. 139

11.12 Notes on Issues Seen in Florida Foreclosure Cases………………………….…. 141

12 PROCEDURES AND INSTRUCTIONS FOR MEDIATIONS AND

FLORIDA COURT CASES…………………………………………………. 144

APPENDIX A – GENERAL FORMS FOR MEDIATION………………….. 158

APPENDIX B – FLORIDA COURT FORMS…………………………………. 196

CASE STUDIES……………………………………………………………………….. 305

RESOURCES………………………………………………………………………….. 309

ABOUT THE AUTHOR……………………………………………………………… 310

FORWARD – BY DR. GARY LACEFIELD

This Nation’s housing crisis described by many as a tsunami was

created by a rising tide of lender greed and phantom fiscal financial
accountability. Lenders and Wall Street investors are not solely
responsible for this tragedy, as there is plenty of blame to go
around, including you the consumer, the regulators, and yes even
congress. Obviously we cannot change what has happened in the
past, but we can move forward and try to save the homes we are in.
Trying to save your home is a stressful situation to find yourself in.
It is difficult to know who to trust. Do you trust the Lender that
probably helped put you in this situation to begin with? Do you
trust the people who promote that they can cancel your debt and
mortgage note? The airwaves and internet are full of companies
that want to steer you down one path or another. Each of these
groups has one primary interest—and it is not you.
While I have seen many sites and tools to choose from to help “you”
resolve your issues with “your” mortgage, there have been very few
options that spelled out exactly why “I got myself into this situation”
and realistic options to help me understand what is in my best
interest to save my home. I have found that this book meets those
criteria, that it should be considered a universal tool that will be
useful to everyone who uses it. This tool is priceless as it walks you
through the loan processes, terminology, players, and options
available.
As a homeowner, a parent, and a grandparent I believe that the
book is one of the best keys to learning what resources are
available and how to act quickly. This book will provide you with
the tools to take an active stance to save your home. This book
provides HOPE!

1
1 USING SELF-HELP LEGAL BOOKS

There are advantages and disadvantages to doing your own

legal work. When using a self-help law book, you should
recognize this and understand the diligence required when
doing your own legal work.

The cost for legal services can be quite expensive. Because

of this cost, many people look to themselves or non-lawyers
or just give up and do nothing. Particularly when it comes
to foreclosures, people do not want to admit they are in
financial trouble, at least to anyone outside the immediate
family living in the home and, sometimes, not even then.
Further, many courts have a very strange attitude towards
people who do not use attorneys, but this is often because
people simply do not diligently take the time to know how
to communicate with the court and the opposing side.

If you choose to represent yourself in any capacity, there

are some instances where you might be entitled to
money/fees for the work done and for the time you have
spent on your case, but it is not necessarily an absolute. If

2
you want to seek some sort of reimbursement for your
costs, time and efforts in a situation where you might have
otherwise been entitled to attorney’s fees if you had a
lawyer, you need to make sure you bring to the court, an
itemized, detailed accounting of those costs, and your time
and put a value to that time, this way the court, at the very
least, has something to gage whether or not to award you
money as earned for your time spent on the case, just as a
lawyer would.

This book is written to provide an alternative to the most-

often complicated and confusing legal quagmire found
regarding foreclosures. We have attempted to make many
of the explanations of the law as simple and easy to
understand as possible and provided forms that should be
easy to modify and use. Naturally, unlike an attorney
advising an individual client, this book does not cover every
conceivable possibility to challenge your debt, save your
home, or apply for government programs. But, rest assured,
you are not alone, and you are not the only one seeking to
find an answer or help.

Many turn to the internet for research and information.

However, there are few resources which provide not only
information, but the tools to use that information, and
instructions on how to use those tools, like this book does.

3
In fact, this book will direct you to many outside resources
which provide far more detailed information than found
within these pages. This book is pertinent now because the
numbers of foreclosures are staggering and people need
help.

4
2 COST/BENEFIT ANALYSIS

Whenever you purchase a product or service, you face

different levels of quality, quantity and price. Your decision
to make that purchase is based upon an analysis of the cost
versus the benefit received and your willingness to pay for
the quality you desire.

When deciding to do your own legal work, you must use the
same cost/benefit analysis. Although many legal situations
are very straightforward without the need for complicated
legal analysis, foreclosure or residential mortgage debt
related cases can be very complicated. There are also many
ways to interpret legal questions regarding mortgage debt
related issues. The existing books or resources in the
foreclosure-related arena are hundreds of pages long and
often without true usefulness other than simply being
informative. In order to keep this book simple and useful,
case and statute explanations have been condensed.

This simplified resource does not necessarily address every

situation, detail or nuance that might apply to special or

5
unusual circumstances in foreclosure actions such as forged
documents, multiple entities involved suing for the same
debt, a creditor suing the wrong person, or fraudulent
documents created in contradiction of the law just to pursue
a default or foreclosure against you (to name just a few),
and you might also come before a judge that doesn’t agree
with the author. Further, this book is not represented as a
complete guide, soup to nuts, as might be available in other
types of self-help books such as one for doing your own
divorce or will. But it does provide relevant and useful
information, resources and tools regarding communication
with the banks and courts and others related to this specific
matter, to challenge the amount of your debt, the validity of
your debt, to whom it is owed, and provides some forms,
letters and form documents that you should find useful to
get to and through mediation, settlement and some Florida
court processes.

When you decided to use this self-help book and either do

your own legal work, or look to non-lawyers to do it for you,
a cost/benefit analysis shows your choice to be more cost
effective and more beneficial than doing nothing and losing
your home.

When weighing the benefits as to the costs of self help,

consider that you may actually save money and effort

6
because an attorney will not have to charge you to
straighten out disconnected efforts.

7
3 LOCAL RULES AND PROCEDURES

It is also extremely important to recognize that a book

which covers the law in general or in a specific state cannot
possibly address every single procedural issue or matter for
every jurisdiction (the location of your case, person, and
subject). The constitutional right to due process,
procedurally and substantively, also varies from state to
state. Some of the forms provided herein will address
federal laws that are incorporated into a state’s laws and
procedures, but they might not address a specific local
jurisdiction’s procedures.

In particular, many states and local county jurisdictions are

implementing new procedures to help alleviate the
foreclosure nightmare, while some are not. For example,
every county has started new procedures to comply with
the Florida Supreme Court’s Administrative Order on
Foreclosures requiring or permitting mediation. And, 20
states besides Florida have started some form of mediation
program – to be discussed below. Thus, always keep in

8
mind that you should look to your local County Clerk of
Court or Federal, State and local County Attorney Bar
Association to seek help, and guidance to the local rules and
procedures. While the goal may be to serve and guide the
public, some information can be confusing, such as, credit
counseling by people without proper licensing and
uneducated about your true rights in court. Too often, this
exhausts money and time which can lead to more
frustration and takes the fight out of you.

But most importantly, remember that this is a general

handbook and that you should not expect to obtain all of the
information and resources you need solely from it. It
should serve as a guide. You also might need to change the
layout of a document or use slightly different language. In
general, the book and the forms in Appendix A are focused
on what you can do to participate in active mediation and
the consumer protection laws and concepts address federal
civil and criminal laws and communicating with the banks,
courts, attorneys and others in a general nature. The forms
in Appendix B are specifically focused on use in Florida
courts. The consumer protection laws and concepts
address national laws and communicating with the banks,
courts and others in a general nature. I also suggest that if
you have been in a trial modification program, you should

9
file a request/motion with the court for a temporary
restraining order against the debt collector, servicer and
loan owner during the modification trial period and then
ask the court for an order to show cause why the trial
should not be made permanent.

This book is to help you communicate with the court, bank,

and mediator, properly and effectively. Probably the one
mistake people most often make is to think that just
because another court has ruled a certain way on the issue
before them, that the same will happen for their case.
Another common mistake is to use the wrong language.
Often, you are left with an unfavorable or even harmful
ruling that contradicts to your interests. Even though you
might have the right idea, if you do not communicate it
properly to the court, then you do not do yourself a service
and you actually might harm your situation. You need to
know how to communicate with the court in legal language,
which is not always in layman’s terms. All too often,
complex legal forms or language can be misused or laws
may have changed. It is always imperative to look to your
local rules, practices, and procedures in addition to using
this book as a guide.

10
4 INTRODUCTION

Foreclosures are one of the nation’s leading issues. Millions

of people are affected because shelter is a basic necessity of
life. Previously, the American Dream was to save up your
money and to own your own home someday. However,
whether you own or rent, it is likely that at some point you
will be faced with a mortgage default or foreclosure issue,
whether you know it or not! Well, the American Dream is
literally at stake here and your fate previously was held by
the banking entities that managed your loan payments,
which have programmed their computers and calculated
and accounted for payments incorrectly and have run the
formula for the new government modification programs
incorrectly. These problems have lead to serious delays that
homeowners have experienced and often left you, the
homeowner facing a foreclosure. With this book, you will
find a comprehensive guide (not intended to complete) to
determining for yourself what your options are. Do not wait
for government programs that may or may not provide
relief, read this book, get educated, empowered and take
action!
11
Current foreclosure statistics show that case filings are still
increasing, but bank repossessions are slightly dropping.
Do not be fooled by the numbers in the news. The number
one foreclosure and real estate tracking site, RealtyTrac
rates the top 20 cities with foreclosures as of July 2010 are
located in California, Nevada, Florida, and Arizona.

However, there is hope.

There are two kinds of foreclosure processes which vary

state by state; they are judicial and non-judicial; meaning, a
foreclosure in non-judicial state does not require court
action where a foreclosure in a judicial state requires court
action. There are 37 states that follow the non-judicial
foreclosure process, the remaining states are judicial. And,
in 21 of the states, whether judicial or non-judicial, a
settlement program has been started. Tables for state-by-
state identification for foreclosure process and mediation
programs are contained in Appendix A. But, even in some of
those states where foreclosure is non-judicial, it is possible
to get the bank to a mediation or settlement negotiation
conference (as noted above).

Let me say it again - MEDIATION – NEGOTIATION – IS AN

OPTION IN 21 STATES!!!!! The Opportunity is Here! You
Just Need to Know About It and Make Sure to Request It!
The states that have mediation or settlement programs
12
available now are: California, Connecticut, Delaware, Florida,
Hawaii, Illinois, Indiana, Kentucky, Maryland, Maine,
Michigan, Nevada, New Jersey, New Hampshire, New Mexico,
New York, Ohio, Oregon, Pennsylvania, Rhode Island, and
Wisconsin.

So, if you live in one of these states, you definitely need to

read this book, and get to a mediation or settlement
conference, and for everyone in the other states, this book is
still a helpful guide to a loan default and to seek a mediation
or settlement conference in a prepared, organized, and
educated fashion. The key to that preparation is outlined in
this book.

In the following chapters, you will find a more detailed

discussion about default and foreclosure solutions, as well
as mediations in each of the states that have programs.
Then you can better use the recommendations to prepare,
develop reasonable expectations, and hopefully obtain a
resolution to your mortgage default situation.

Do not let fear paralyze you. Do not give up.

Knowing your rights gives you power. And, knowing the

proper way to communicate with the court and having
reasonable expectations will empower you to have the

13
leverage you need to negotiate with the banks and put
reasonable options before the court, the mediator and the
bank.

And, most importantly, what you do not know will hurt you!
You could lose your home for no more reason than simply
because you did not do anything because you did not know
you could!

Only YOU can take action to help yourself!

A lot of information is published and available to explain
what went wrong, but what does that mean to you, right
now? Because of the nature of predatory brokers, realtors,
lenders, and people in general promising you the world and
not being able to change a thing, there is little guidance for a
homeowner/borrower, especially if you are an investor that
got duped in an investment scam; except to hire a lawyer
you might not be able to afford, sell your house, refinance
your house or get guidance from a non-profit organization.
The information that is out in the internet world is often
inapplicable to specific local jurisdictions, like here in
Florida, and you need to understand some of the basics in
the complex legal system regarding foreclosures, even if it
just helps you get to a lawyer.

This book is also written to help the grassroots movement

in this country achieve change and transformation of the
14
social and psychological trauma as people are left not
knowing what to do, when to do it or how.

SAVE YOUR FAMILY.

SAVE YOUR HOME.
SAVE YOUR SANITY.
The social stigma of not paying your mortgage is GONE!
Whether or not something happened that caused you to go
in to default on your loan payments, society is finally
recognizing that there has been significant fraud, corporate
malfeasance, and corporate self-dealing and you do not
have to be a victim. There are numerous cases all over the
country where judges recognize this. For example, in the
July 3, 2010 Opinion/Order by Judge Paul A. Magnuson in
Case 6:08-cv-01791-PAM-KRS, FDIC as Receiver for New
South Federal Savings Bank v. Nwaneri, et al, Judge
Magnuson states that the bank acted recklessly in lending
money on a stated income loan.

The bank’s position will always be that it is you that took

the loan, signed a loan application, were negligent, and did
not pay. But that is simply not always the case and if you
want to keep your home or property, the complex world of
loan defaults and foreclosures is not something you should
be afraid of anymore! So, read on, learn, and take action!

15
YOU have a voice, and it needs to be heard.
Each individual situation varies. It is possible to uncover
violations in your loan transaction and the servicing of your
loan. It is possible to access the right information,
determine if your expectations are reasonable, and learn
how to present them. If you know this information, at least
investigate your loan history, then, you might have some
leverage. And, if you are one of the people that have been in
a government sponsored loan modification program for a
trial period and it has not been made permanent, then you
might want to think about hiring a lawyer and/or filing for a
temporary injunction order against the bank from
proceeding in a foreclosure action or sale against you.

The goal here is to be a voice of reason and compromise;

and get you and the bank to the table through the processes
and court programs available. This book provides
information that will empower you to learn about your
rights and help you help yourself.

The lack of ability to get information to homeowners to

defend themselves is a main problem and concern. That is
why this book is written. It provides:

1. General information about using self help

books

2. Identifying the cost/benefit

16
3. Acknowledgment of direction to local rules
and procedures

4. Introduction

5. Mortgage Default and The System – How we

got here

6. Glossary/Terminology to help guide you

with your communication with the court,
from plain English to Legalese and Legalese
to plain English

7. Financial Industry Basics – Securitization

8. Loan Modification Basics including loan

origination audits, accounting/escrow
matters and the loan disposition analysis
(Net Present Value Test) you need to take
the fate of your situation back in to your
hands

9. Mediation Basics, pre - and post - suit

settlement and foreclosure options

10. Description of General Banking and

Consumer Protection laws

11. Issues, claims and defenses for foreclosure

cases

12. Description and introduction to and of

general concepts of Florida judicial
foreclosure procedure and court legal
documents

17
 13. Appendix A – general financial forms and
other documents for you to gather and to use
in mediation or negotiation with the bank

14. Appendix B – Florida generic court forms

This book is not all there is, the website,

www.selfdefenseforeclosure.com will be an ongoing
resource for hope, information and tools for you to use and
keep you updated as to the federal and state laws and cases
develop and change;

a place where you can go to find the book in

other languages,
a place you can log in to and create your own
forms to use,
a place for suggestions and updates
a place where you can continue to go to find
that you are not alone, we welcome people to tell
their stories, whether previous successes or messes,
and
a place to find peace of mind that you can stay
focused and educated.
Just keep in mind that this book also does not address in
detail the issues that you may run in to in court.

These are all reasons not only to buy the book, get educated,
empower yourself to take action, but also possibly seek an
at attorney or other professional, for licensed and regulated
assistance. Your home is the most important investment

18
you will make. Take action and make affirmative steps to
protect it and your life and family; JUST DON’T GIVE UP!

19
 APPENDIX A

STATE BY STATE FORECLOSURE PROCESS TABLE……………………………….. 159

STATE BY STATE MEDIATION PROCESS TABLE…………………………………... 162

HOMEOWNER CHECKLIST………………………………………………………………… 164

FINANCIAL FORMS……………………………………………………………………………. 167

REQUEST FOR APPROVAL OF SHORT SALE – HAFA FORM…………………. 178

IRS FORM 4506 REQUEST FOR TRANSCRIPT OF TAX RETURN……………. 183

FAIR DEBT COLLECTION PRACTICES ACT NOTICE OF DEBT DISPUTE…. 186

RESPA QUALIFIED WRITTEN REQUEST…….……………………………………….. 191

159
 APPENDIX B – FLORIDA COURT FORMS
Florida law and procedure on foreclosures is a series of complex dealings, including the complex
nature of procedural requirements and severe results, serious consideration should be given to
seeking the assistance of an attorney. This author chose specifically not to include certain court
documents because of their complexity and believes the forms provided give a person a fighting
chance to make a presence in court and get a resolution in their favor rather than the typical
severe result of foreclosure and judgment.

FDPCA NOTICE OF DEBT DISPUTE……………………………………………………….. 198

NOTICE OF FILING DEBT DISPUTE WITH THE COURT……………………….….. 203

MOTION FOR EXTENSION OF TIME TO RESPONSE………………………………. 205

MOTION TO STRIKE/DISMISS UNVERIFIED OR IMPROPERLY VERIFIED

COMPLAINT…………………………………………………………………….….………………. 208

QUALIFIED WRITTEN REQUEST AND DEBT DISPUTE – TO SERVICER AND

LAW FIRM……………………………………………………………………………………………. 212

LETTER RESPONSE TO BANKS REGARDING LETTER OF VERIFICATION..…. 217

MOTION TO DISMISS……………………………………………………………………………. 221

MOTION TO ABATE OR DISMISS PROCEEDINGS………………………..…………. 232

ANSWER - GENERAL AND SPECIFIC ADMIT OR DENY

ALLEGATIONS OF COMPLAINT AND AFFIRMATIVE DEFENSE………….……. 239

NOTICE OF HEARING………………….……………………………………………….………. 256

NOTICE THAT HOME HAS NOT BEEN ABANDONED..........…………………….. 259

197
MOTION TO REFER CASE TO MEDIATION……………………………………………. 261

CHECKLIST and NOTICE OF NON-COMPLIANCE and PARTICIPATION in

MEDIATION……………………………………………………………………………………..…. 264

MOTION TO SET ASIDE DEFAULT AND AFFIDAVIT IN SUPPORT…………... 267

REQUEST FOR PRODUCTION………………………………………………………………. 273

BORROWER’S REQUEST FOR PLAINTIFF’S DISCLOSURE OF INFORMATION

FOR PLAINTIFF’S DISCLOSURE OF INFORMATION FOR EDIATION………… 283

DEFENDANT’S MOTION TO DISMISS OR ABATE/FLA. STAT. § 57.011…… 286

DEFENDANT’S RESPONSE IN OPPOSITION TO SUMMARY JUDGMENT AND

AFFIDAVIT IN SUPPORT………………………………………………………..……………… 289

PROPOSED ORDER IN BLANK……………………………………………………………….. 294

OBJECTION AND AFFIDAVIT OF THIRD PARTY TENANT ENTITLED TO STAY OF

“WRIT OF POSSESSION”………………………………………………………………………… 297

TENANT’S MOTION TO ENFORCE LEASE AND/OR DETERMINE FAIR MARKET

RENTS…………………………………………………………………………………………………… 301

198