Law is complex and subject to changes from state and federal courts, agencies and congress.

We attempt to keep our sample documents up to date, but we do not guarantee that they are current or appropriate for the facts and circumstances of your case.

I. FORECLOSURE CASES - DEFENSIVE ACTIONS:

A. Responses to Complaint/Pleadings Open
1. Motions to Quash Service of Process: 1.1 Traditional [and cancel sale] 1.2 Bad address for service 1.2.A Affidavit in Support 1.3 Bank not authorized to do business in Florida 1.4 Lack of Time of Service and ID of Server on Summons 2. Motions to Dismiss: 2.1 Federal pre-default issues 2.2 Notice issues 2.3 Reverse Mortgage

B. Closing Pleadings
10. Answers: 10.1 With PSA material [unverified] 10.2 With Rescission material [unverified] 10.3 Traditional [verified] 10.4 Reverse Mortgage [verified] 10.5 With Common Affirmative Defense facts (excellent answer!)

C. Pleadings Closed - Defendants Dispositive Motions

20. Motions for Judgment on the Pleadings or Alternatively, for Summary Judgment 20.1 Reverse Mortgage 20.1.A. Proposed Order - Judgment on the Pleadings 20.1.B. Proposed Order - Summary Judgment

D. Discovery
25. Request for Production 25.1 Request for Production [LIBOR discovery] 25.11 Notice of Service of Request for Production 26. Request for Admissions 26.1 Request for Admissions [LIBOR discovery] 26.11 Notice of Service of Request for Admissions 27. Interrogatories 27.1 Interrogatory 27.11 Notice of Service of Interrogatory Here are the steps to process these once you have modified them appropriately: 1) 2) 3) 4) 5) 6) 7) 8) Print these out. Sign them where your name appears. Get another person to sign the certificate of service. Put the appropriate Notice of Service on top of the particular discovery document (Interrogatory, Admissions or Request for Production) to complete one set. Make two copies of the original set. Staple each set at the top left. File the original and get one copy time stamped by the clerk. Have that other person mail out the remaining set to the opposing attorney with the correct address given in the certificate of service. (Don't use the address provided in the sample as it's for a different case.)

Print these out. Sign them where your name appears. Get another person to sign the certificate of service. Put the appropriate Notice of Service on top of the particular discovery document (Interrogatory, Admissions or Request for Production) to complete one set. Make two copies of the original set. Staple each set at the top left. File the original and get one copy time stamped by the clerk. Have that other person mail out the remaining set to the opposing attorney with the correct address given in the certificate of service. (Don't use the address provided in the sample as it's for a different case.)

E. Post Judgment Action

If a judgment of foreclosure has issued against you, then you lost the case. If titlehas not yet changed - you still own the property, then you may be able to bring a motion to set aside the judgment and cancel the sale. You must also be aware that if you want to appeal the judgment of foreclosure to a higher court, you must file a Notice of Appeal within 30 days of the judgment. You can't just file a Notice of Appeal and expect that to be all that needs to be done - you also have to have a good reason to appeal and then follow that Notice of Appeal with the correct documents to conclude your appeal. 30. Motion to Set Aside Judgment and Cancel Sale: 30.1 Emergency Motion 30.2 Extrinsic Fraud 30.3 Denied Hearing 30.4 Misled by bank [loan modification instead of fight the case]

II. CREDIT CARD CASES - DEFENSIVE ACTIONS

60. Motions to Dismiss 60.1 Very Broad Motion to Dismiss

III. OFFENSIVE ACTIONS:

100 Federal Fair Debt Collection Practices Act (FDCPA) [with Florida Act] 100.1 Federal Complaint 100.2 Small Claims Complaint [Florida]

IV. LOAN MODIFICATION

It is possible to get a modification of interest and even principal reductions. Banks often won't tell you this, but if you have substantial debt in addition to your mortgage, then you may have to eliminate that debt in order to get a loan modification. There are two principal ways to eliminate that debt - cut deals with the creditors for reduced payment or file a chapter 7 bankruptcy and wipe it out. For example, you may have applied for a HAMP loan modification and been denied for having too much other debt. So, file a chapter 7 petition in bankruptcy, wipe out that other debt and then apply again for a HAMP loan modification. When you talk to the bank, you will be told that in order to apply, you only need to provide 2 months of bank statements and pay stubs and 2 years of tax returns a hardship letter and a utility bill. Wrong. Ultimately, after you have gone around and around in circles trying to please the bank, you will realize that in order to apply for HAMP, you really need: I. II. III. IV. V. VI. VII. HAMP Application; Six months of bank statements (all your accounts); Six months of pay stubs; A Hardship Letter; A detailed breakdown of your monthly expenses (6 months); The last 3 years of tax returns; and, The past 6 months of utility bills.

Mail these into the bank via certified mail, return receipt. When the bank sends you a response, it will state they didn't receive all the documents. You must contact the bank immediately and assert that all the materials requested were sent, and that you want the fax number so you can send them in again. Also, resend all of the materials again via certified mail, return receipt. Almost all loan modifications are denied before they are processed based on these bogus claims that you didn't send in the requested information.This will be a somewhat agonizing process repeated over and over, but eventually, if you stay on top of it, you will be processed for a loan modification. Though loan modifications are incredibly time consuming, we have gotten some substantial principal reductions (in excess of 50%) and interest rate reductions to market value.