Retainer Agreement
The following attorney retainer agreement is a required part of your loan modification retainer agreement
THE LAW OFFICE OF THOMAS J. SHERWOOD
11524 EAST US HIGHWAY 92
SUITE 300
SEFFNER, FLORIDA 33584
WWW.TSHERWOODLAW.COM
FINANCIAL ANALYSTS
PHONE NO: (813) 246-5000
TOLL FREE NO: (877) 246-4486
FAX NO: (813) 514-6415
NEGOTIATIONS
PHONE NO: (813) 664-1230
FAX NO: (813) 246-5550
FAX NO: (813) 514-6414
ALL DOCUMENTS MUST BE FAXED TO OUR OFFICE WITHIN 72 HOURS
To:
From:
Email:
Phone:
Re: Legal Documents
THE LAW OFFICE OF THOMAS J. SHERWOOD
11524 EAST US HIGHWAY 92 SUIITE 300 SEFFNER, FLORIDA 33584
PHONE: (813) 246-5000 ******* FAX: (813) 514-6415
Stay in touch: You have retained The Law Office of Thomas J. Sherwood for a brand new start. In order to be most effective, we require prompt communication and documentation throughout the negotiation process. Per your agreement with The Law Offices of Thomas J. Sherwood, we 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 for your financial situation that available funds will permit.
RETAINER AGREEMENT
The Law Office of Thomas J. Sherwood 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 processing in regard to exploring and/or negotiating workout solutions and alternatives to avoid foreclosure. The goal of the Law office Pre-Foreclosure Counseling Program is to provide as many available workout solutions as possible for the homeowner to cure or avoid a default, and to assist the homeowner in choosing the workout solution 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 and processing 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 services:
- Retainer: Under this contract, the client agrees to pay a processing fee to The Law Office of Thomas J. Sherwood in the amount of $___________ (“Retainer”) in consideration for the services provided by the attorney and his designated agents. The retainer fee 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’s office 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 workout solution. Explanation of fees as follows: ($2595 based on 200k or less) ($3095 on 201k – 450k) ($3595) on 451k – 750k) ($4095 on 751k – 1 Million) (above 1 Million is $5095.) ($600.extra on 2nd mortgages). Client acknowledges that the Law office of Thomas J. Sherwood 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 workout solution that the attorney may procure for client. Client further understands all fees to be paid herein shall be placed into the Thomas J. Sherwood Attorney Trust Account and shall be disbursed in accordance with the schedule as stated on page 5 of this Agreement.
- Scope of Representation: The Law Office of Thomas J. Sherwood will provide services for ____________________________________________________________________(“Client”) for the expressed and implied purpose of providing the following Loss Mitigation Services and representation (as defined and referred to in the following (“Description of Services”). This agreement and representation is limited to Loss Mitigation Services for Client and real property address located at _________________________________________________________________________(the “property”). Not included within the scope of our representation are appearances in court, appearances at settlement conferences, answers in response to summons and complaints, overall representation in the foreclosure action, or appeals from any judgments or orders of the court. The Law Office of Thomas J. Sherwood can provide these services to you at an additional cost. Appeals are subject to separate discussion and negotiation between the Law Firm and Client. This agreement also does not cover any services Client may request in connection with any other matter, action , or proceeding.
The representation Client has sought from The Law Office of Thomas J. Sherwood may be time-consuming. In order to provide an understanding of what is involved, the following is the best estimation of the steps involved in the representation:
Description of Services provided under this agreement:
- Examine client’s financial profile and determine if profile fits within eligibility requirements. Collect due diligence analysis of client/lender relationship including review of any and all correspondence to and from existing lender, existing note, existing deed, asset/liability worksheet. Consult with client in regards to financial hardships. Collect all necessary documentation. Collaborate with client on developing hardship letter.
Completion Date: ___________________ (Within 2 business days from agreement date)
- Package file for submission to lender for modification, assign the file to a negotiator. Pull comparable sales and prepare comparative market analysis and property value report. Prepare all asset/liability and income documentation. Review of complete package and consultation with client.
Completion Date: ___________________ (Within 4 business days from agreement date)
- Contact lender and submit loan modification package to lender(s) via fax, email, and first class mail. Establish contact with assigned loss mitigation specialist and state the financial hardship case on behalf of client. Request that lender remove client’s phone number from their Collections Department.
Completion Date: ___________________ (Within 7 business days from agreement date)
- Process and re-negotiate the terms of the client’s mortgage(s). This may require several phone calls and correspondence via fax, email, and certified mail. Provide any additional documents as requested. The negotiator will keep the client updated on the status of the workout solution.
Completion Date: __________________________ (Within 4 weeks from agreement date)
- Completion of workout solution and/or similar services. Finalization of all new loan terms. Closing consultation with the client. Provide all closing statements and records to client.
Completion Date: _________________________ (Within 12 weeks from agreement date)
The fee shall be apportioned and disbursed as follows from the trust account:
20% to be disbursed upon completion of (a) above;
20% to be disbursed upon completion of (b) above;
10% to be disbursed upon completion of (c) above;
30% to be disbursed upon completion of (d) above;
20% to be disbursed upon completion of (e) above;
- Successful loss mitigation performance by the company shall have occurred if one or more of the options set forth below are offered:
- Change adjustable interest rate to a fixed interest rate
- Reduce fixed interest rate to a lower fixed interest rate
- Change from an interest only loan to a fixed loan
- Change from a negatively amortized loan to a fixed loan
- Reduce balance of the principal amount of the loan
- Reduce adjustable interest rate / reduce CAPS of adjustable interest rate
- Stop upward adjustment of adjustable interest rate
- Arrange for the delinquent payment amounts to be added to the end of loan
- Arrange for the delinquent payment amounts to be added to a longer loan period
- Arrange for the delinquent payment amounts to be accepted in an alternative payment plan
- Eliminate or reduce the delinquent payment amounts
- Arrange for the lender to accept a discounted pay-off or forbearance
- Arrange for a deed in lieu of foreclosure
- Arrange for a short sale
PLEASE NOTE: THE LAW OFFICE OF THOMAS J. SHERWOOD DOES NOT MAKE ANY PROMISES ON SPECIFIC RATES OR TERMS OF YOUR LOAN RESTRUCTURE OFFER. WE AT NO TIME RECOMMEND HOMEOWNERS TO MISS THEIR MORTGAGE PAYMENTS AT ANY TIME.
- Reasonable Efforts: The Law Office of Thomas J. Sherwood will make reasonable efforts to conclude a “successful workout solution performance” as described above. However, the client acknowledges that the company cannot guarantee that the client’s existing lender(s) will agree to a modification of the loan(s), and that client’s existing lender(s) is not obligated to modify the terms of the loan(s) in any way, and may not agree to any changes in the loan(s). Bankruptcy: The reimbursement of any of the retainer fee paid by client under the provisions of this contract, shall not apply if client seeks or files for bankruptcy protection during the processing of the case, as long as The Law Office of Thomas J. Sherwood performs and complies with the representation and processing of the workout solution.
- 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.
- Limitations: The Law Office of Thomas J. Sherwood 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 or his designated agents 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 pursuant to this contract.
- Timing: Time is of the essence with respect to The Law Office of Thomas J. Sherwood’s processing for a workout solution 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 or his designated agents, 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 refund of any fees, as provided in this contract.
- Client Communication: Many of the communications from The Law Office of Thomas J. Sherwood 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 and his designated agents 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 The Law Office of Thomas J. Sherwood within 24 to 48 hours of the attorney’s office delivery of same. The Law Office of Thomas J. Sherwood 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 processing 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 1 of this contract. The Law Office of Thomas J. Sherwood shall be under no obligation to perform services under this contract until it has been retained.
- Exclusive Authority: The Law Office of Thomas J. Sherwood shall have full and exclusive authority to determine the strategy to perform all processing and negotiations with client’s mortgage lender and client waives any and all claims against or liability on the part of the attorney and his designated agents 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.
- Notice of Foreclosure: Client shall notify The Law Office of Thomas J. Sherwood 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 workout solution 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 of any fees under the provisions of this contract.
- Governing Law: This contract shall be interpreted according to the laws of the State of Florida. 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.
- During the modification process it’s imperative that ALL communications both written and verbal be shared with the Law Office of Thomas J. Sherwood. 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. You have authorized (authorization) The Law Office of Thomas J. Sherwood to speak, process, and negotiate the workout solution on your behalf.
- Termination of Agreement: Either the client or The Law Office of Thomas J. Sherwood may terminate this agreement at any time for any reason upon written notice to the other party. At the time of termination, all earned but unpaid fees for completed services (as set forth and described in above provision of this agreement) become due and payable.
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 Date
________________________________________ _________________________________
Client Date
AUTHORIZATION TO RELEASE INFORMATION
Date: __________________________________ Loan #: ________________________________________
I, We ___ _______________________________________ residing at _______________
______ ________________________________________________________________, hereby appoint:
The Law Office of Thomas J. Sherwood and his designated agents Roxanna I. Rodriguez, Connie Adams, Nicole Dennewitz, and Juan Pacheco as my attorney-in-fact (my “agent”) to act for me and in my name (in any way I could act in person) with respect to the following powers, as defined in “Statutory Short Form Power of Attorney for Subject Real Estate Property” (including all amendments).
(a) Real Estate Transactions.
(b) Financial Institution Transactions.
(c) Property Insurance
(d) Tangible Personal Property Taxes.
(e) Real Estate Foreclosure Work Out.
Please be advised that this is a written permission and authorization to discuss the above referenced mortgage loan account and other related mortgages with 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.
To protect our client’s rights, we must insist that you do the following. Immediately cease and desist from any further phone or mail contact in connection to subject property. Our client would like to resolve this matter amicably.
Please contact The Law Office of Thomas J. Sherwood
This written authorization will remain effective for one calendar year from date of execution and or I notify my mortgage company in writing that this authorization is no longer valid.
PLEASE retain THIS INFORMATION IN YOUR SYSTEM
_______________________________________ _____________________________________ _______________________
Client Social Security Number Date
_______________________________________ _____________________________________ _______________________
Client Social Security Number 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 number, and fax number.
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_______________________________________________________________________
ARE THERE LIENS ON YOUR HOME OTHER THAN YOUR MORTGAGE?
(CIRCLE ONE) YES NO
IF YES, PLEASE LIST;_________________________________________________________
_____________________________ ___________________________
Signature Date
_____________________________ ___________________________
Signature Date
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 Date
___________________________________ ________________________________ __________________
Print Name Signature Date
CONTRIBUTION LETTER
Date: ________________________________________________________
To: ___________________________________________________________________________________________________
Loan Number: _____________________________________________
I/We, _____________________________________________________________________________________ do hereby
acknowledge that we have available the amount of $_______________________________________ that can/will be used towards the contribution/down payment amount that may be requested by our lender for our loan modification.
___________________________________ _______________________________ __________________
Print Name Signature Date
___________________________________ ________________________________ __________________
Print Name Signature Date
Payment Information and Authorization:
All payments will be processed as a direct debit (ACH) from your bank account and placed into the attorney trust account. The debit will appear as The Law Office of Thomas J. Sherwood. All debits will be processed on the dates agreed upon below, unless other arrangements have been made. Any and all changes to the payment plan below must be requested in writing. The processing of your file will begin upon receipt of initial payment. Funds will be withdrawn from the attorney trust account in stages of completion as outlined in paragraph 2 of this agreement, and will be deemed as earned upon receipt.
Below is the Payment Arrangement:
Total Charges due: $_____________________________
Payment amount to be debited monthly via ACH from:
Name of Bank: _______________________________________________________________________________________
Account No: ___________________________________ Routing No: _______________________________________
PAYMENT PLAN:
1st Payment Amount - _____________________ Date of ACH Debit: __________________________
2nd Payment Amount – ____________________ Date of ACH Debit: ________________________
3rd Payment Amount- ____________________ Date of ACH Debit: ________________________
4th Payment Amount- _____________________ Date of ACH Debit: ________________________
Print Name: ______________________________________
Auth. Signature____________________________________ Date________________________
THE LAW OFFICE OF THOMAS J. SHERWOOD
11524 EAST US HIGHWAY 92 SUIITE 300 SEFFNER, FLORIDA 33584
PHONE: (813) 246-5000 ***** FAX: (813) 246-5550
ACH AUTHORIZATION FORM
First Name: _______________________________________ Last Name: __________________________________
Property Address: ___________________________________________________________________________________
City: ___________________________________ State: ______________________ Zip Code: ____________________
Home Phone: ____________________________________ Cell Phone: _____________________________________
Email Address: _______________________________________________________________________________________
Bank Name: __________________________________________________________________________________________
Routing Number: _________________________________ Account Number: ____________________________
Payment Amount: __________________________________________________
I/We, ______________________________________________________________________________________ authorize The Law Office of Thomas J. Sherwood to auto draft our bank account above every month for our monthly payment according to our payment plan schedule.
___________________________________ _______________________________ __________________
Print Name Signature Date
___________________________________ ________________________________ __________________
Print Name Signature Date
ADDITIONAL LEGAL SERVICES REQUEST
I am aware that The Law Office of Thomas J. Sherwood is only representing me with respect to loss mitigation services listed in the signed scope of representation and service agreement. I understand that I may need to seek outside counsel for any foreclosure action taken against me. The Law Office of Thomas J. Sherwood is not responsible for responding to any motion papers, court appearances, settlement conferences, or anything relating to any foreclosure actions or bankruptcy filings. The Law Office of Thomas J. Sherwood instructs all clients to respond to motions and/or summons and complaints immediately or to hire a law firm to provide these services. Please request in writing a consultation with Thomas J. Sherwood regarding any additional services or representation. An additional fee may be incurred for additional services.
___________________________________ _______________________________ __________________
Print Name Signature Date
___________________________________ ________________________________ __________________
Print Name Signature Date
DISCLOSURE NOTICE
The modification process may vary depending on your bank, and your current mortgage situation. The process of negotiating with the loss mitigation department and/or bank appointed negotiator regarding Client’s file on one of Law Firm’s loss mitigation services or resolutions (I.E. loan modification offer, loan restructure, loan forbearance offer, short sale negotiation, short refinance negotiation, suspension of a foreclosure sale date, deed in lieu of foreclosure, or cash-for-keys negotiation), may take a few weeks to several months to complete and receive a modification offer. It should be understood that the lender may deny your loan restructure several times before the desired result is ultimately achieved.
___________________________________ _______________________________ __________________
Print Name Signature Date
___________________________________ ________________________________ __________________
Print Name Signature Date
THE LAW OFFICE OF THOMAS J. SHERWOOD 11524 EAST US HIGHWAY 92 SUIITE 300 SEFFNER, FLORIDA 33584 PHONE: (813) 246-5000 FAX: (813) 246-5550
POWER OF ATTORNEY
DATE: __________________________________________
TO: ______________________________________________________________________________________________
RE: Account in the name of :
__________________________________________________________________________________________________
LOAN NUMBER: _______________________________________________________________________________
I/We ___________________________________________________________________ as the Principal(s) do hereby appoint The Law Office of Thomas J. Sherwood and his designated agents Roxanna I Rodriguez, Connie Adams, Nicole Dennewitz, Juan Pacheco (11524 East Highway 92 Suite 300; Seffner, Florida 33584 (813) 246-5000 (877) 246-4486) as my/our ATTORNEY-IN-FACT with full power and authority to perform each and every act which may be necessary or convenient to execute the following tasks as fully and for all intents and purposes as I/we might or could do if personally present, hereby ratifying and confirming all that my/our ATTORNEY-IN-FACT shall lawfully do or cause to be done in my name or behalf, to wit:
TO INTERCEED, INTERVENE, MEDIATE, NEGOTIATE, OR ARBITRATE THE SETTLEMENT OF ANY AND ALL OF MY/OUR REAL ESTATE FORECLOSURE WORK OUT, LOAN MODIFICATION, WORKOUT SOLUTIONS,REAL ESTATE TRANSACTIONS, FINANCIAL INSTITUTION TRANSACTIONS, PROPERTY INSURANCE, TANGIBLE PERSONAL PROPERTY TAXES. CREDITOR CLAIMS, DISPUTES, SUITS, JUDGMENTS, OR LIENS.
NOTICE TO CEASE AND DESIST and REQUEST FOR DISCLOSURE
A. TO THIRD-PARTY COLLECTORS OR AGENTS: In accordance with the Fair Debt Collection Practices Act, I/we demand and direct that you, and specifically any collection agency, attorney, credit bureau, or any sub-agent thereof, are specifically instructed NOT TO COMMUNICATE WITH ME/US BY ANY MEDIA AT MY/OUR PLACE OF EMPLOYMENT, PLACE OF BUSINESS, OR RESIDENCE.
B. TO ORIGINAL CREDITORS and THIRD PARTY COLLECTORS, OR AGENTS THEREOF: I/we demand all future communications on any credit matter to be directed to my/our ATTORNEY-IN-FACT. Further, I/we demand that you contact my/our ATTORNEY-IN-FACT at the address and phone set forth above to begin communications designed to settle any credit or debt claim you have against me/us.
THE LAW OFFICE OF THOMAS J. SHERWOOD 11524 EAST US HIGHWAY 92 SUIITE 300 SEFFNER, FLORIDA 33584 PHONE: (813) 246-5000 FAX: (813) 246-5550
C. NOTICE OF DUTY TO COMMUNICATE WITH ATTORNEY-IN-FACT: Be it further known and understood that I/we hold the position that under the applicable State laws of agency, the Fair Debt Collections Practice Act, and the Fair Credit Reporting Act that any failure or refusal by you to recognize this power of attorney or to work with my/our ATTORNEY-IN-FACT in settlement of payment or validity of debt on this account will constitute a refusal to work with me/us and, if you so choose, you do so at your own risk of liability or forfeiture or rights.
D. AUTHORITY TO DISCLOSE INFORMATION: All persons directly or constructively in receipt of this document, or any agent thereof, are specifically authorized to disclose, talk about, convey documents to, or otherwise provide my/our ATTORNEY-IN-FACT, anything and any and all information that they could or would otherwise provide or disclose to me/us including, but not limited to, any personal or confidential information.
E. AUTHORITY TO ACCEPT COPY: I/we endorse the use of copies and/or facsimile transmissions of this power of attorney or any other communication sent by me/us or my/our ATTORNEY-IN-FACT.
F. REQUEST FOR DISCLOSURE OF INFORMATION: I/we dispute that I/we owe the amount claimed by you as indicated by your records on the above-referenced account. However, this document is not an admission of debt or a promise to pay. To facilitate settlement, I/We request that the following information regarding the above-referenced account be forwarded as soon as possible to my/our ATTORNEY-IN-FACT.
1. Date the account opened.
2. Copy of original credit contract.
3. Dates of all additions to principal owed and amounts thereof.
4. Copy of original signature of debtor for all transactions where credit, cash, or goods were
given to debtor.
Signed: ______________________________________________ Date: _______________________
Signed: _____________________________________________ Date: _______________________
NOTARY SIGNATURE: ___________________________________________
SEAL:______________________
COMMISSION EXPIRES: _________________________________________
REQUIRED DOCUMENTS - FAX TO: (813) 514-6415
- Hardship letter. (Please explain the reason(s) why and how you fell behind on your mortgage loan including date(s) and events).
- 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 return for 2009 and 2010 with page 2 signed and dated. Include your W2 forms.
- Proof of other income such as SSI, income, child support.(award letters, divorce decree)
- 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 + HOA 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.
Date: ________________________ Signature:_______________________________________________________
