tsherwoodlaw.com - home loan modifications
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Sample Modification Package

The following loan modification package includes all forms required by the Law Firm of Thomas J. Sherwood!

The Modification Center

About your new start program…
You must provide all required documents to us within 24 to 72 hours:

Per your agreement with The Modification Center, Thomas J. Sherwood will use all reasonable efforts to obtain the best loss mitigation option available to you. To enable us to act quickly, it is necessary that we receive all requested documents and information within 24 to 72 hours. Upon The attorney’s office receipt of the required documentation, a Transaction Coordinator will contact you to verify its completeness, as well as inform you of any additional information needed to begin its discussions/negotiations with your lender.

Your income to expense ratio must be relevant and warrant proceeding forward with the mortgage loan modification process. Self-employed borrowers, who are unable to produce paychecks or pay stubs, must provide a certified profit and loss statement for the prior 6 months. Your income may include contributions from family members or other loved ones who are not listed on the loan, provided that you obtain a written statement from each such individual confirming the amounts and dates of their contributions.

All funds required by your lender must be available in order to begin the program:

It is necessary for the attorney to know the precise amount of funds that you will have available, within a given date or time, prior to the attorney’s commencing the negotiation process with your lender. This information will enable the attorney to recommend and/or pursue other alternatives should the funds available be insufficient to enter into a program. Each lender generally has its own set of guidelines with respect to the qualification and terms of repayment plans and loan modifications. Many times lenders will request a minimal down payment, the amount of which will be dependent upon the history of your loan and the information disclosed on your financial worksheet. For conventional loans, the lender may ask for a greater down payment as a prerequisite to approval for its loss mitigation program. Whichever the case, Thomas J. Sherwood will negotiate to obtain the best possible option your financial situation and available funds will permit.

Stay in touch:

You have retained Thomas J. Sherwood. In order to be most affective, we require prompt communication and documentation throughout the negotiation process.

Please return all of the items requested below immediately!

Fax to (813) 246-5550

  • Hardship letter. (Please explain the reason(s) why and how you fell behind on your mortgage loan including date(s) and events).
  • Income & expense list. (please list all borrower monthly incomes and expenses)
  • Your 2 most recent paycheck stubs.
  • All pages of the last two months bank account statements. (Example- If current month is December we need November and October)
  • 1040 forms of your FEDERAL (Not State) tax returns for 2007 and 2008 and your W2′s.
  • Proof of other income such as SSI, income, child support, 401k, IRA, etc.
  • One mortgage statement. (any month)
  • Proof of Contribution. (If you receive money from family on a regular basis, please explain how you are related and what amount you receive each month.)
  • Current utility bill + property tax bill + homeowner’s insurance bill
  • If self-employed also include: Profit and loss statements and bank statements for the past 6 months
  • This client agreement including all required signatures
  • ANY AND ALL DOCUMENTS YOU HAVE RECEIVED FROM YOUR MORTGAGE COMPANY OR FORECLOSING ATTORNEY.

Signature: ____________________________________________________

RETAINER AGREEMENT

For Questions or Comments:
813.612.5697 – 877.246.4486

Thomas J. Sherwood Esq.
“Modification Center”

11524 E. US Highway 92
Suite 300
Seffner, Fl 33584

The Law Office of Thomas J. Sherwood’s Modification Center offers counseling for homeowners;

A) whose properties are threatened by foreclosure,
B) Owe more on their homes than they are currently worth and
C) Are in adjustable rate mortgages and can no longer afford their payments.

The attorney’s office provides solutions in regard to exploring and/or negotiating options and alternatives to avoid foreclosure. The goal of the Law office Pre-Foreclosure Counseling Program is to provide as many available options as possible for the homeowner to choose from to cure or avoid a default, and to assist the homeowner in choosing the option that is best suited to their particular circumstances.

By signing this document, the undersigned customer,___________________ (“Client”) and the attorney are entering into a binding agreement (the “Contract”) for the provision of the attorney’s consulting services, with respect to avoiding default and/or foreclosure proceedings affecting the Client’s property located at:
Street Address: _____________________________________________
City, State, Zip ____________________________________________ (Hereinafter referred to as the “Property”).
The attorney and Client (hereinafter referred to individually and collectively referred to as the “Party,” or “Parties,” respectively) hereby agree to the following terms respecting the provision of Thomas J. Sherwood’s Modification Center services:

  1. Retainer. In consideration for the services provided by the attorney under this Contract, Client agrees to pay the law office of Thomas J. Sherwood’s Modification Center the sum of ______________, (“Retainer”), which can be paid by Client in a lump sum or installments, upon execution of this Contract. Client acknowledges that the Retainer is intended to cover the attorney office’s costs and labor in performing its services under this Contract and that no portion of the Retainer is intended to be used for, nor shall it be applied towards payment of any portion of the Client’s mortgage indebtedness or as any part of the Client’s foreclosure relief plan. Explanation of fees as follows: ( $2500 base on 200k or less) ($3000 on 201k – 450k) ($3500 on 451k – 750k) ($4000 on 751k – 1 Million) (above 1 Million is $5000) ( the flat rate in MD, NJ and PA is $3000, due to increased compliance laws). ($800 extra on 2nd mortgages). Client acknowledges that the Law office of Thomas J. Sherwood’s Modification Center is not, and shall not be responsible for Client’s inability to raise any monies that may be required to be paid by Client in order to qualify or perform under any foreclosure relief option that the attorney may procure for Client. Client agrees that the aforesaid retainer shall be deemed to be earned upon receipt.
  2. Explanation of Services. Client retains Thomas J. Sherwood’s Modification Center to provide a proposal for relief of client loan default from client’s mortgage lender and modification of terms and conditions of client’s current mortgage. The client’s property in question is located at: _________________________________________________.
  3. Guarantee of Results. Thomas J. Sherwood’s Modification Center guarantees that he will obtain results for the client as set forth in paragraph two herein, otherwise the client will receive up to a20% Money Back Guarantee.
  4. Credit Report. Customer specifically authorizes the attorney office to obtain a credit report if, in the attorney office opinion and discretion, determines that such a report will be useful in assisting the attorney office to perform its duties under this contract.
  5. Limitations. Thomas J. Sherwood’s Modification Center cannot guarantee that client will cure his or her mortgage default and/or that the client will avoid foreclosure. Under no circumstances will the attorney be responsible for the loss of the client’s home. The attorney’s liability, if any, to the client shall not exceed the total of the fees paid by client to the attorney’s pursuant to this contract.
  6. Timing. Time is of the essence with respect to Thomas J. Sherwood’s Modification Center negotiation for mortgage relief on behalf of the client. Accordingly, Client agrees that it shall respond to all requests for information and documentation received by Client from the attorney, after the first 48 hours following the Client’s execution of this Contract, within three (3) calendar days from the date that the request is delivered to Client (whether such request is made via telephone conversation or message, e-mail or facsimile transmission). In the event that the attorney’s office request for information is made by regular mail (via the United States Postal Service) only, Client shall respond to such request within five (5) days of the date of such request. A breach of this provision by the Client shall result in a revocation of the guarantee provided in this Contract.
  7. Client Communication. Many of Thomas J. Sherwood’s Modification Center communications with Client will be made via e-mail, due to the speed and efficiency of such communications (provided that the Client has provided the attorney’s office with an e-mail address upon execution of this Contract). Accordingly, the Client agrees to provide the attorney’s office with an e-mail that the Client can access on a no less than daily basis (provided that Client has an e-mail address) and that said Client will check Client’s incoming e-mail no less than once per day to determine if any information requests or updates have been received by Client within the prior 24 hours. Client waives any liability on the part of the attorney’s office resulting from or arising out of the Client’s failure to receive any information or request from attorney’s office (or Client’s delay in responding to the same) in the event of the Client’s failure to comply with this provision. Upon Client’s execution of this Agreement, Client shall designate what manner of delivery of documents to Client that Client wishes the attorney to use (i.e., fax, email, or regular mail (via United States Postal Service, etc.). The attorney’s office shall deliver to Client (via Client’s chosen method of delivery) a set of forms (and completion regarding the same), immediately upon Client’s execution of this Contract. It shall be the Client’s responsibility to return all fully completed forms to Thomas J. Sherwood’s Modification Center within 24 to 48 hours of the attorney’s office delivery of same. Thomas J. Sherwood’s Modification Center will package and arrange Client’s information in whatever manner or order deemed by the attorney to be most effective for the purpose of the attorney’s negotiations with Client’s mortgage lender. The attorney shall not be deemed to have been retained until the attorney’s office has received this signed Contract, Client’s fully completed forms, and the retainer fee due under Paragraph 2 of this Contract. Thomas J. Sherwood’s Modification Center shall be under no obligation to perform services under this Contract until it has been retained.
  8. Refund of Retainer. In the event that the Client has complied with all of his or her obligations hereunder and the Attorney is unable to obtain any of the results as stated in paragraph 2 of this agreement, then the Attorney shall refund ALL FEES. Client’s right to receive a refund of fees shall be forfeited in the event of any of the following:
    1. The Client’s failure to fully, completely and timely perform all of the Client’s duties under this Contract, or if the actions or inaction of Client hinders or delays Thomas J. Sherwood’s Modification Center performance;
    2. Thomas J. Sherwood’s Modification Center determination that any of the information provided to the attorney’s office by the Client is false or untruthful; however, the attorney may, at its option, relieve the Client of such a breach if it is further determined that the Client’s delivery of such false or incorrect information was due to the innocent mistake of the Client;
    3. Client’s failure to make initial contribution/down payment required by the Client’s mortgage lender(s) within the time specified by said lender;
    4. Client’s cancellation of this Contract before the date that the attorney has completed its negotiations with the Client’s mortgage lender.
  9. Exclusive Authority. Thomas J. Sherwood’s Modification Center shall have full and exclusive authority to determine the negotiation strategy and to perform all negotiations with Client’s mortgage lender and Client waives any and all claims against or liability on the part of the attorney’s office based upon any decision made by the attorney in the exercise of such discretion and authority. Client agrees that, from the date of execution of this Agreement, if the Client shall communicate with Client’s mortgage lender regarding any discussions, negotiations or offers related to the resolution or cure of the Client’s mortgage default or delinquency client shall immediately notify the attorney of any discussions or options client’s mortgage company has provided within 24 hours after communication. Said prohibition shall continue until such time that the attorney has completed its negotiations with the mortgage lender, the Client has accepted a proposal from the Client’s mortgage lender and the foreclosure process has been stopped or rescinded, or until the date of termination of this Contract, whichever occurs sooner. A breach of this provision by the Client shall result in the client’s forfeiture of the refund provisions said forth in paragraph 7.
  10. Notice of Foreclosure. Client shall notify the attorney office of Thomas J. Sherwood’s Modification Center of Client’s receipt of any notice of default or foreclosure sale within twenty-four (24) hours of Client’s receipt of same, including the date, if any, of any noticed sale of the Property. Should the Client fail to so notify the attorney’s office of Client’s receipt of either of the aforementioned notices within 24 hours affect the attorney’s ability to obtain a foreclosure relief proposal for the Client, or result in an inability of the attorney to stop the foreclosure sale of the Property, then said failure of the Client to comply with this provision shall result in the Client’s forfeiture of the refund provisions said forth in paragraph 7.
  11. Governing Law. This Contract shall be interpreted according to the laws of the state in which the Property is located regardless of its conflict of laws. Any controversy or claim arising out of or relating to the attorney’s services provided pursuant to this Contract, or any claimed act, omission of breach by the attorney or Client, shall be resolved by arbitration administered by the American Arbitration Association or other arbitration resources as otherwise mutually agreed upon in writing the Parties. The Parties acknowledge that this agreement evidences a transaction involving interstate commerce. The United States Arbitration Act shall govern the interpretation, enforcement, and proceedings pursuant to the arbitration clause in this Contract.
  12. During the modification process it’s imperative that ALL communications both written and verbal be shared with the Law Office of Thomas J. Sherwood’s Modification Center. Any and all correspondence must be sent to our offices upon receipt. It is not uncommon for the lender to attempt direct contact with the borrower. If verbal contact is attempted, it is imperative that you inform the lender’s agent that you have retained the Law Office of Thomas J. Sherwood to process and negotiate your modification and hereby request that all communications be made with the Law Office of Thomas J. Sherwood’s Modification Center. You have authorized (authorization) the Law Office of Thomas J. Sherwood’s Modification Center to speak, negotiate the modification on your behalf.

By signing below, the Parties herein agree to the terms specified above.

Thomas J. Sherwood: _________________________________ Date: _______________

THIS IS A LEGALLY BINDING CONTRACT, READ IT CAREFULLY BEFORE SIGNING:

Client Signature:

_________________________________ Date: _______________

Client Signature:

_________________________________ Date: _______________

AUTHORIZATION

Mortgage Company: _____________________________
Loan #__________________________

Please be advised that this is a written permission and authorization to discuss the above referenced mortgage loan account and other related mortgages to the Law Office of Thomas J. Sherwood (herein after called the designated agents). I understand that I will be fully responsible for reviewing any information that is provided or sent by my mortgage company to my designated agents.

This written authorization will remain effective until I specifically notify my mortgage company in writing that this authorization is no longer valid.

PLEASE NOTE THIS INFORMATION IN YOUR SYSTEM

Thomas J. Sherwood
and his designated agents
11524 Hwy 92 E., Suite 300
Seffner, Fl 33584

TOLL FREE (877) 246-5552

(Borrower’s printed name)________________________________________________

Borrower’s Signature ____________________________________________________

Social Security #________________________ Date: ___________________________

(Co-borrower’s printed name)______________________________________________

Co-Borrower’s Signature__________________________________________________

Social Security #_______________________________ Date: _____________________

Foreclosing Attorney Information

If you have received a letter of communication or legal correspondence from a foreclosing attorney or legal counsel representing your lender. It is vital for us to have the attorney’s name, address, phone #, and fax #.

PLEASE PROVIDE THE FOLLOWING INFORMATION:

Attorney’s Name (Law Firm):____________________________________________________
Address:____________________________________________________________________
Attorney’s Phone #:____________________________________________________________
Attorney’s Fax#:______________________________________________________________

DO YOU HAVE A SALE DATE? (CIRCLE ONE) YES NO

IF YES, PLEASE PROVIDE US WITH THE DATE AND TIME:
DATE_______________________________________________________________________
TIME_______________________________________________________________________

ARE THERE LIENS ON YOUR HOME OTHER THAN YOUR MORTGAGE?
(CIRCLE ONE) YES NO

IF YES, PLEASE LIST:
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________

Signature:____________________________________________________________________

Signature:____________________________________________________________________

HARDSHIP LETTER

Loan # _________________________________

Please explain the reason(s) why and how you fell behind on your mortgage loan including the dates(s) and events.

____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________
____________________________________________________________________________

Print Name: ___________________________________

Signature: ___________________________________

Print Name: ___________________________________

Signature: ___________________________________

Payment Information and Authorization:

All payments will be addressed to Thomas J. Sherwood in the form of automatic withdraw or Credit card/Debit Card authorization

Upon sending this agreement, you must pay promptly for us to begin negotiating on your behalf. If you are going to make a partial or full payment with a credit card, please enter the card information below. If you prefer an automated withdraw from your bank account please complete the Authorization for debit below.

Please fill in your desired payment arrangement below.

Total Charges due $_____________________________

Amount to be paid upon execution of contract( 1st payment) $____________________

Total amount to be paid by Debit/Credit Card $_____________________________

Total amount to be paid by automatic withdraw $_____________________________

[Amt/Date(s)] $_______________,$________________,$_______________,$_______________.

___________________________________________________________________________

Credit card authorization

Credit Card #: _______________________________________Credit Card type_________________

Name on Card_______________________________________ Expiration_____________________

Security Code________________(3 or 4 digits) Billing phone #_____________________________

Billing Address____________________________________________________________________

The payment listed above is authorized for assessment and processing by Thomas J. Sherwood, Attorney.

Auth. Signature____________________________________ Date________________________

AUTHORIZATION TO DEBIT BANK ACCOUNT

Please transfer payments from my Checking Account in accordance to the SCHEDULE OF FEES set forth.

TOTAL CHARGES- Retainer fee total $ _______________

Bank Name: _________________________________________________

Bank Address:________________________________________________

Routing Number: (nine digits) __________________________

Account Number: ____________________________________

Customer Information

Name (as it appears on check)

___________________________________________

Address City State Zip

__________________________________________________

_____________________________________________________

Amount of Debit Date of Debit (schedule)

1st debit-__________________Date:_____________________

2nd debit-_________________ Date: ______________________

3rd debit-__________________Date: ______________________

4th debit__________________ Date:_______________________

CUSTOMER SERVICE Notice:

I herby authorize The Law of Office of Thomas J. Sherwood to initiate debit entries to my xx checking or xx savings account at the financial institution named above (my “Primary Bank Account”), in the amount(s) and on or after the date(s) set forth above, and to debit the same to my Primary Bank Account. I represent that my Primary Bank Account exists; that I own it; and that I will maintain sufficient funds in it to permit the debits to clear on the applicable dates.

This authorization shall remain in full force and effect until the above referenced payments have been made or I give a written termination notice to the Law office of Thomas J. Sherwood that affords it a reasonable period of time to act on it. Any such notice, and any other written notice that is provided for in this Application or the Agreement, shall be sent to The law office of Thomas J. Sherwood’s customer service at the address set forth in the Agreement. In addition, I understand that The Law offices of Thomas J. Sherwood may terminate this authorization by providing me with a written notice at least ten (10) days prior to the actual termination.

Applicant Signature Date FOR OFFICE USE ONLY

Signature: _____________________________ Date:____________________

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