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  • McDermott v. Countrywide 3 of 3

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    Peter G. Miller
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    Judge Marilyn Shea-Stonum, the chief judge of the U.S. bankruptcy court in northern Ohio, is requiring that Countrywide Home Loans, now part of Bank of America, complete a special form each time it seeks a foreclosure in Ohio. The Judge’s requirement comes after finding that Countrywide had sought to foreclose a home despite the fact that the borrower, O’Neal, had previously paid off the mortgage. Additionally, Countrywide continued to seek monthly payments even though it no longer held the mortgage. The purpose of the form is to show how much is actually owed to the lender in the event of a foreclosure claim. In addition to the form — which is a summary of the foreclosure claim — invoices and other documentation are required to justify claim requests. The form created by the judge is attached. This is the third of three files which should be read. Source: For real estate news and information please see OurBroker.com.

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    Judge Marilyn Shea-Stonum, the chief judge of the U.S. bankruptcy court in northern Ohio, is requiring that Countrywide Home Loans, now part of Bank of America, complete a special form each time it seeks a foreclosure in Ohio. The Judge’s requirement comes after finding that Countrywide had sought to foreclose a home despite the fact that the borrower, O’Neal, had previously paid off the mortgage. Additionally, Countrywide continued to seek monthly payments even though it no longer held the mortgage. The purpose of the form is to show how much is actually owed to the lender in the event of a foreclosure claim. In addition to the form — which is a summary of the foreclosure claim — invoices and other documentation are required to justify claim requests. The form created by the judge is attached. This is the third of three files which should be read. Source: For real estate news and information please see OurBroker.com.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
    Flag for inappropriate content
    280 views4 pages

    McDermott v. Countrywide 3 of 3

    Uploaded by

    Peter G. Miller
    Judge Marilyn Shea-Stonum, the chief judge of the U.S. bankruptcy court in northern Ohio, is requiring that Countrywide Home Loans, now part of Bank of America, complete a special form each time it seeks a foreclosure in Ohio. The Judge’s requirement comes after finding that Countrywide had sought to foreclose a home despite the fact that the borrower, O’Neal, had previously paid off the mortgage. Additionally, Countrywide continued to seek monthly payments even though it no longer held the mortgage. The purpose of the form is to show how much is actually owed to the lender in the event of a foreclosure claim. In addition to the form — which is a summary of the foreclosure claim — invoices and other documentation are required to justify claim requests. The form created by the judge is attached. This is the third of three files which should be read. Source: For real estate news and information please see OurBroker.com.

    Copyright:

    Attribution Non-Commercial (BY-NC)
    Download as PDF, TXT or read online from Scribd
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    of 4

    EXHIBIT A

    UNITED STATES BANKRUPTCY COURT


    NORTHERN DISTRICT OF OHIO
    EASTERN DIVISION AT AKRON

    In re: ) Case No. <00-00000>


    )
    <NAME OF DEBTOR(S)>, ) Chapter < 7 > < 11 > < 13 >
    )
    Debtor(s). ) Judge Shea-Stonum
    )
    ) ADDENDUM TO PROOF OF CLAIM

    I. LOAN DATA

    A. IDENTIFICATION OF COLLATERAL (check all that apply):

    G Real Estate <ADDRESS>

    G Residential
    G Commercial

    B. VALUE OF COLLATERAL: _______________________________________

    C. SOURCE OF COLLATERAL VALUATION: _________________________

    D. ORIGINAL LENDER: ______________________________________________

    E. CURRENT NOTE HOLDER OR NON-HOLDER WITH THE RIGHTS OF A

    HOLDER:_____________________________________________________

    F. CURRENT LOAN SERVICER:_________________________________.

    BUSINESS CONTACT:________________________________

    Telephone Number:____________________________

    Fax Number:__________________________________

    E-mail:_________________________________________.

    Payments should be made payable to:__________.

    Address to which payments are to be sent:______________.

    NAME OF CREDITOR’S ATTORNEY:__________________

    Telephone Number:____________________________

    Fax Number:__________________________________

    08-05031-mss Doc 98-1 FILED 07/31/09 ENTERED 07/31/09 15:26:22 Page 1 of 4


    E-mail:_______________________________________

    G. DATE OF LOAN: __________________________________________________

    H. ORIGINAL PRINCIPAL AMOUNT DUE UNDER NOTE:_________________

    I. ORIGINAL INTEREST RATE ON NOTE: _____________________________

    G Fixed

    G Adjustable

    J. CURRENT INTEREST RATE: _______________________________________

    G Fixed

    G Adjustable

    K. ORIGINAL MONTHLY PAYMENT AMOUNT: _______________________

    L. CURRENT MONTHLY PAYMENT AMOUNT: ________________________

    M. THE MONTHLY PAYMENT <INCLUDES AN ESCROW AMOUNT OF

    $_________ FOR REAL ESTATE TAXES, PROPERTY INSURANCE,

    OTHER> OR < DOES NOT INCLUDE AN ESCROW AMOUNT>.

    N. DATE LAST PAYMENT RECEIVED: _________________________________

    O. AMOUNT OF LAST PAYMENT RECEIVED: ___________________________

    P. AMOUNT HELD IN SUSPENSE ACCOUNT:_________________________

    Q. NUMBER OF PAYMENTS DUE: __________________________________

    II. AMOUNT ALLEGED TO BE DUE AS OF THE PETITION DATE

    Description of Charge Total Number Dates

    (attach invoice and proof of Amount of of Charges Charges

    payment for items H through K) Charges Incurred Incurred

    A. PRINCIPAL $
    B. INTEREST $

    2
    08-05031-mss Doc 98-1 FILED 07/31/09 ENTERED 07/31/09 15:26:22 Page 2 of 4
    EXHIBIT A

    C. TAXES $
    D. INSURANCE $
    E. LATE FEES $
    F. NON-SUFFICIENT FUNDS FEES $
    G. PAY-BY-PHONE FEES $
    H. BROKER PRICE OPINIONS $
    I. FORCE-PLACED INSURANCE $
    J. PROPERTY INSPECTIONS $
    K. OTHER CHARGES $

    (describe in detail and state

    contractual basis for recovering the

    amount from the debtor)

    TOTAL OF PRE-PETITION DEBT: $________________

    III. AMOUNT OF ALLEGED POST-PETITION DEFAULT

    Description of Charge Total Number of Dates

    (attach invoice and proof of Amount of Charges Charges

    payment for items H through K) Charges Incurred Incurred

    A. PRINCIPAL $
    B. INTEREST $
    C. TAXES $
    D. INSURANCE $
    E. LATE FEES $
    F. NON-SUFFICIENT FUNDS FEES $
    G. PAY-BY-PHONE FEES $
    H. BROKER PRICE OPINIONS $
    I. FORCE-PLACED INSURANCE $

    3
    08-05031-mss Doc 98-1 FILED 07/31/09 ENTERED 07/31/09 15:26:22 Page 3 of 4
    J. PROPERTY INSPECTIONS $
    K. OTHER CHARGES $

    (describe in detail and state the

    contractual basis for recovering the

    amount from the debtor)

    TOTAL OF POST-PETITION DEBT: $_______________

    IV. TOTAL INDEBTEDNESS

    A. TOTAL PRE-PETITION DEBT (from section II): $_________________

    B. TOTAL POST-PETITION DEBT (from section III): $_________________

    C. LESS AMOUNT HELD IN SUSPENSE: $_________________

    TOTAL PRE-PETITION AND POST-PETITION


    INDEBTEDNESS OF DEBTOR(S) OWED TO MOVANT
    AS OF THE DATE OF THIS MOTION, <DATE>: $________________

    V. AN ITEMIZED, PLAIN ENGLISH PAYMENT HISTORY FROM THE


    INCEPTION OF THE LOAN FORWARD IS ATTACHED TO THIS
    WORKSHEET AS EXHIBIT 1.

    This Worksheet was prepared by:

    ______________________________________
    <Signature>
    <Name>
    <Title>
    <Street Address>
    <City, State and Zip Code>
    <Phone Number>

    4
    08-05031-mss Doc 98-1 FILED 07/31/09 ENTERED 07/31/09 15:26:22 Page 4 of 4

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