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Contract & Forms

LOAN MODIFICATION
"The difference between a successful person and others is not a lack of strength, not a lack of
knowledge, but rather a lack in WILL." - Vince Lombardi

“As our client we will give you back your WILL!”


Customer Enrollment Package

Client’s Name: Chris Dorio

THE U.S. MITIGATION SERVICE would like to congratulate you on your decision to take
control of your financial future and for allowing us to provide you with some of the most
effective solutions to solving your pending real estate problem. As a valued THE U.S.
MITIGATION SERVICE customer, you can be assured that we will be available to answer all
your questions and concerns throughout the negotiation process. As you regain control of your
personal finances, THE U.S. MITIGATION SERVICE will make this as easy and painless as
possible. Our refund policy is based on that there is no breach of policy with you the client and
keep in mind if we can’t resolve your modification to industry standards we will refund 100% of
your money, GUARANTEED!

The easy enrollment process needs to be completed for us to begin the negotiation process. On
the following page you will find an enrollment checklist for your reference. Please follow
instructions on the checklist, and be as detailed as possible when filling out the enrollment
package.

A checklist has been provided for your convenience showing all documents that are necessary to
begin the process. Please follow the instructions on the checklist to ensure the proper completion
of your file. We have your preliminary file Therefore, it is important we receive these documents
via fax or mail no later than: 3:00pm PST on the second delivery day after receiving this
package. Once again, THE U.S. MITIGATION SERVICE would like to thank you for your
decision to allow us to help you work through this difficult time. To Your Success!

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Thank you for entrusting your home to The U.S. Mitigation Service, LLC! We look forward to
working with you and keeping you in your home. Our goal is to make your mortgage affordable,
not just today but for the life of your loan.

As homeowners ourselves, we recognize the stress that an unaffordable mortgage puts on you
and your family. As such, each and every one of our owners, employees and affiliates is
committed to working with your lenders to expedite your loan mediation and get you into a
mortgage that you can afford. Our client-centered mediators work with you, keeping you
abreast of developments in your case to make this time as stress-free as possible. Unlike
“factory” modification companies that submit the same modification proposal for every client,
our mediators tailor the workout plan to fit your individual loan, even if it means negotiating
creative solutions with your lender. While this takes a bit more time and much more effort,
finding a way to keep you in your home is worth it!

Our client-centered approach isn’t the only thing that differentiates us from other loan
modification companies. In addition to our mediators’ outstanding customer service, The U.S.
Mitigation Service actually retains negotiators on your behalf to perform a mortgage audit to
identify federal and state legal violations which provide grounds for legal action, should you
choose to pursue it. These negotiators deal with lenders like yours every day and bypass the
normal red tape associated with loss mitigation departments. Also, if legal violations are found,
you have a choice of pursuing litigation, thereby maximizing your monetary recovery, or merely
allowing us to use the violations as leverage to get you the best possible modification. While
nearly every one of our clients opt for modification over costly and time consuming litigation,
we let you decide which avenue works best for your situation. For the same price or less than
other mitigation companies charge homeowners, The U.S. Mitigation Service pursues every
avenue possible to save your home.

Our SOLE focus is on you, the client. As such, we are only concerned about your financial
future, not the Lender’s. We work for you our client with no up front fees. Our counselors access
your situation, we do a pre-qual to make sure you actually qualify, and then contact your lender
and go over your file, and then share all of the information with you so you can decide if you
would like to go to step two. And keep in mind if you choose to stop the process there is
absolutely no charge for the work already completed.

During this process, it is essential for you to feel comfortable with the process and with your
mediator. Please do not hesitate to contact us at any time, even if it’s just to ask a quick question
or get some peace of mind. We look forward to working with you!
Sincerely,
K.Michael Kinses
K. Michael Kinses, CEO/Pres.
The U.S. Mitigation Service, LLC
Office 714-683-0500 Fax 714-683-0550 michaelk@thesmartmtg.com
*A benefit to your situation is based on a common sense evaluation of where you were and what this process has
done to help to lessen your hardship in these unique times. Each file is based on its own merits which reflects in the
offer from your lender, as such we can not deal in exacts on the outcome. We can share some of our past
experiences but in law we can not guarantee to guarantee. In closing, for our company to accept
your case, we are expecting a favorable outcome. 9/2009
REQUIRED DOCUMENT LIST

First Loan Number: ______________________ Bank’s Name:_______________________________

Second Loan Number: ____________________ Bank’s Name:_______________________________


Third Loan Number: _____________________ Bank’s Name:_______________________________

In order for Loan Modification to begin, you will need to provide us with all the following information. It is
EXTREMELY important to submit a complete package because missing information will delay the processing of
your request. Please check of each item as you complete it and/ or gather it for your package.

Please rush this info to your [U.S. MITIGATION SERVICE] representative as quickly as possible. Please allow
time for the processing of your paperwork. Loan modification is carefully achieved through correspondence with
your lender.

Please attach this sheet to the front of your request package.


 EXPLANATION OF FINANCIAL HARSHIP- This form allows you to explain in detail the reason behind your
financial situation. In addition to filling out this form you will need to provide any and all proof of your hardship
claim, such as medical bills, death certificates, unemployment stubs, and divorce decree, etc. If there is more than
one borrower each person needs to complete a separate form.

 COPIES OF MOST RECENT PAYROLL STUBS- Please provide copies of pay stubs for the month most
recently worked for both the borrower and co-borrower.
▫ (IF SELF EMPLOYED) COPIES OF MOST RECENT FEDERAL INCOME TAX RETURN- Provide
copies of original and dated tax returns, including all schedules, for the most recent tax year for both borrowers.

 COPIES OF YOUR MOST RECENT BANK STATEMENTS- Please provide copies of the last 3 months bank
statements for all accounts, please provide ALL pages front and backs if necessary. If you need help obtaining your
statements either online or by phone see your representative for help.

 MORTGAGE COUPONS- Include all correspondence from the lender about late payments or foreclosure action.
 MORTGAGE NOTE
 COPIES OF ALL INCOME STATEMENTS-
 401K/ESOP, RENT INCOME, STOCKS/BONDS, CDs/MONEY MARKET ACCT.

 COPIES OF YOUR MOST RECENT CREDIT CARD BILLS/STATEMENTS


 COPIES OF REAL ESTATE TAX BILLS
 COPIES OF ANY ADDITIONAL PAYMENTS SUCH AS ALIMONY/CHILD SUPPORT, etc.
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Loss Mitigation Assistance Package

All documents included in this package:

Page Signature
Number Required

1. Fee Agreement for research and analysis 6-8 YES

2. Limited Power of Attorney 9 YES

3. Authorization Form 10 YES

4. Monthly income and expense worksheet 11-14 YES

5. Personal data 15-17 YES

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Fee Agreement for Research and Analysis
This Agreement is made and entered into this day of, January 13, 2010, by and between THE
U.S. MITIGATION SERVICE, and the client [Chris Dorio] residing at:104 James St.,
Cholchester, CT 06415
subject to and conditioned on the terms set forth below.

RECITALS:

WHEREAS THE U.S. MITIGATION SERVICE is in the business of providing an analysis of


real estate debt, secured or otherwise, income and the examining the potential for restructuring
and lowering borrower’s general debt and real property-secured debt; and

WHEREAS Client wishes to employ THE U.S. MITIGATION SERVICE to perform the
following services, (“the Services”): (a) analyze Client’s debt situation, (b) research potential
debt restructuring options that are or may be available to Client, and (c) present Client with the
results of such research.

NOW THEREFORE in consideration of the foregoing and every term, covenant and condition
hereafter set forth, THE U.S. MITIGATION SERVICE and Client do hereby understand,
covenant and agree as follows:

Provide Complete and Truthful Information. THE U.S. MITIGATION SERVICE has delivered
to you a loan modification “checklist” concurrently with the delivery of this Agreement. You
must return all of the documents listed on the checklist within three (3) calendar days upon
execution of this agreement. You must return any follow up documentation requested by us
within one (1) day of such request. If you fail to submit this documentation within the foregoing
time frame, your file is subject to a default delay and cancellation after 72 hour and you will not
be entitled to a refund of your service cost. Client expressly represents and warrants to the
Company that he/she/they will at all times, provide the Company and/or it’s agents with
information that is complete and accurate and true to the best of their knowledge and belief.
Client hereby agrees to defend and hold harmless the Company and/or it’s agents from and
against any liability of any nature whatsoever arising out of or in connection with Client’s
breach, in whole or in part, of the representations and warranties herein contained.

Performance of Services. Upon receipt of all information from Client and payment in advance
for the Services as provided herein, THE U.S. MITIGATION SERVICE shall promptly analyze
Client’s financial situation, and perform whatever research the Company determines in its sole
discretion is necessary, reasonable or advisable, including but not limited to
practical ways to improve Clients present debt structure. Upon completion of the Company’s
analysis and research efforts, the Company shall engage Client’s lender to initiate a loan
modification on behalf of Client.
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Third Party Professional Waiver. Client gives the Company permission to access the reports and
information contained therein. Client(s) authorized THE U.S. MITIGATION SERVICE to use a
third party professional firm to process the debt restructuring on the Client’s behalf.

Fees for Services, For and in consideration of the foregoing, Client agrees to pay to THE U.S.
MITIGATION SERVICE upon execution of this Agreement, the sum as agreed for the program
cost as payment in advance for the Services.

Client Advised to Seek Counsel. By virtue of their signature hereunder, Client acknowledges that
he/she/they understand that THE U.S. MITIGATION SERVICE are not attorneys, and do not
give legal advice. At no point does THE U.S. MITIGATION SERVICE or its in-house counsel
sell or represent to sell any legal services. The legal department at THE U.S. MITIGATION
SERVICE and its processing firm at all times represents the Company ONLY and not its clients.
THE U.S. MITIGATION SERVICE urges Client to seek the advice of an attorney before
entering into this and any other contract with the Company or any other third party and prior to
acting on any recommendation provided to Client by the Company.

Entire Agreement. This Agreement constitutes the entire agreement between the parties. THE
U.S. MITIGATION SERVICE makes no warranty, express or implied, as to the fitness of any
recommendation it may make to Client arising out of this Agreement. Except for cause, Client
unconditionally waives any right of action against THE U.S. MITIGATION SERVICE, its
officers, directors, employees, agents, brokers and assigns, at law, equity or any other cause of
action for any reason, directly, indirectly or proximately believed to arise out of this Agreement,
for any damages of any nature whatsoever that Client may incur by reason of Client following
any recommendation of the Company or Client’s failure to follow any recommendation of the
Company , whether any singular, concurrent or series of recommendations are acted upon or not
acted upon in whole or in part by Client.

Gender. Whenever used in this Agreement, the singular shall include the plural, the plural shall
include the singular, and the neutral gender shall include the male and female as well as a trust,
company, corporation, or other legal domestic foreign entity, all as the context and meaning of
this Agreement may require.

Headings. The paragraph titles and headings contained in this Agreement are inserted as a matter
of convenience and for ease of reference only, and shall be disregarded for all other purposes
including the construction or enforcement of Agreement or any of its provisions.
Cross-references. All cross-references in this Agreement, unless specifically directed to another
agreement document, refer to provisions in this Agreement and shall not be deemed to be
references to the overall agreement or to any other agreements or documents.

Time Essence. Time is of the essence of every provision of this Agreement that specifies a time
for performance.

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Facsimile Signatures. The parties mutually understand and agree that signature of a facsimile
copy of this Agreement shall be deemed an original for all lawfully enforceable purposes.

Agreement Received. By virtue of their signatures below, Client acknowledges that he/she has
read, understands and agrees to every term, covenant and condition of this Agreement and that
he/she has received a true and complete copy
hereof, effective the date first above written.

Counterpart Execution. This Agreement may be executed in one or more counterparts, each of
which shall deemed an original, but all of which together shall constitute one and the same
instrument.

This agreement may only be modified or amended by a written agreement signed by a corporate
officer of the Company and you. If you have any questions regarding this Loan Modification
Agreement for Research and Analysis, please contact your Loan Modification Agent.

I hereby authorize the Company to verify my past present employment earnings records, bank
accounts, stock holdings, and other asset balances that are needed to process my modification
application. I further authorize the Company to order a consumer credit report and verify other
credit information, including past and present mortgage and landlord references. It is understood
that a copy of this form will also serve as authorization. The information the Company obtains is
only to be used the processing of my application for a loan modification.

BY INITIALING BELOW, I HEREBY ACKNOWLEDGE THAT I HAVE NOT BEEN


ADVISED BY THE COMPANY, ANY OF AGENTS, AND/OR AFFILIATES TO FOREGO A
MORTGAGE PAYMENT IN EXCHANGE FOR THE COST OF A LOAN
MODIFICATION PROGRAM. I UNDERSTAND THAT A LOAN MODIFICATION
REQUEST MAY NOT HALT ANY FORECLOSURE OR DEBT COLLECTION
PROCEEDINGS. SHOULD ANY AGENT, AFFILIATE, SALESPERSON, OR OTHERWISE,
HAVE INADVERTENTLY, ACCIDENTLY, WILLFULLY, OR OTHERWISE, HAVE
COMMUNICATED ANYTHING CONTRARY TO THE AFOREMENTIONED TO ME, I
UNDERSTAND THAT THEIR STATEMENTS MAY BE, ERRONEOUS, INCORRECT,
AND NOT THE ADVISE OR RECOMMENDATION OF THE COMPANY.
.

Borrower Signature ________________________________ Date____________

Co-Borrower Signature _____________________________ Date____________

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Limited Power of Attorney

I (we), _______________________________________________________ hereby appoint


THE U.S. MITIGATION SERVICE, 1648 S. CLEMENTINE ST., ANAHEIM, CA 92802-2901,
866-802-7932, as my attorney in fact, with full power and authority to represent me in
negotiating the validity, reduction, settlement, and payment as may be required, of accounts
owed to my creditors.

I (we) also authorize THE U.S. MITIGATION SERVICE to request and receive confidential
credit and account information from creditors, credit reporting agencies, and other third parties
who are involved with my credit issues. I (we) further authorize THE U.S. MITIGATION
SERVICE to release a copy of this Limited Power of Attorney to my creditors.

Lender Name: ____________________________Acct. # _________________________

Client’s Name: __________________________________________

Spouse/ Cosigner’s Name: n/a_________________________________________________

Address:________________________________________________________________

City:____________________________ State:_________________ Zip:__________

Client’s Date of Birth:____________ Spouse/ Co-signers Date of Birth:______________

Client’s SSN:___________________ Spouse/ Co-signers SSN:____________________

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A
uthorizationtoR
eleaseInform
ation

To Whom It May Concern:

I/We hereby fully authorize you to release to The U.S. Mitigation Service, LLC and any and all
employees, associates, assignees, or partners of these entities, including but not limited to any
attorneys retained on my behalf, any and all information that they may require, including but not
limited to: my loan note; documentation regarding the application for, origination of, and/or
transfer or assignment of my note; any and all communications, or documentation thereof,
regarding or pertaining to my loan; loan balance(s); payoff(s); any and all credit transactions; tax
return information and documentation; loan reinstatement negotiations and/or communications;
loan transfer; or loan inquiry. I/We further authorize any documents to be delivered to the above
named. This document may be reproduced as required to acquire references from more than one
source.

Be further informed that this authorization will remain effective until I specifically notify your
Loss Mitigation Department in writing that this authorization is of no longer in force or effect.

Please make the appropriate notification in your system to reflect this authorization.

Lender: Loan #

Property Address:

Date:

Thank you,

Name: Signature:

Social Security # - -

Name: Signature:

Social Security # - -

Client’s Signature:_______________________________ Date:___________________

Client’s Signature:_______________________________ Date:___________________

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