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McDermott v. Countrywide 3 of 3

McDermott v. Countrywide 3 of 3

Ratings: (0)|Views: 90|Likes:
Published 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.
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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Published by: Peter G. Miller on Sep 03, 2009
Copyright:Attribution Non-commercial

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09/03/2009

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EXHIBIT A
UNITED STATES BANKRUPTCY COURTNORTHERN DISTRICT OF OHIOEASTERN DIVISION AT AKRONIn 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
CommercialB.VALUE OF COLLATERAL: _______________________________________C.SOURCE OF COLLATERAL VALUATION: _________________________D.ORIGINAL LENDER: ______________________________________________E.CURRENT NOTE HOLDER OR NON-HOLDER WITH THE RIGHTS OF AHOLDER:_____________________________________________________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
AdjustableJ.CURRENT INTEREST RATE: _______________________________________
G
Fixed
G
AdjustableK.ORIGINAL MONTHLY PAYMENT AMOUNT: _______________________L.CURRENT MONTHLY PAYMENT AMOUNT: ________________________M.THE MONTHLY PAYMENT <INCLUDES AN ESCROW AMOUNT OF$_________ FOR REAL ESTATE TAXES, PROPERTY INSURANCE,OTHER> OR < DOES NOT INCLUDE AN ESCROW AMOUNT>.N.DATE LAST PAYMENT RECEIVED: _________________________________O.AMOUNT OF LAST PAYMENT RECEIVED: ___________________________P.AMOUNT HELD IN SUSPENSE ACCOUNT:_________________________Q.NUMBER OF PAYMENTS DUE: __________________________________
II.AMOUNT ALLEGED TO BE DUE AS OF THE PETITION DATE
Description of Charge(attach invoice and proof of payment for items H through K)TotalAmount of ChargesNumberof ChargesIncurredDatesChargesIncurredA.PRINCIPAL$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 statecontractual basis for recovering theamount from the debtor)$
TOTAL OF PRE-PETITION DEBT: $________________III.AMOUNT OF ALLEGED POST-PETITION DEFAULT
Description of Charge(attach invoice and proof of payment for items H through K)TotalAmount of ChargesNumber of ChargesIncurredDatesChargesIncurredA.PRINCIPAL$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

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