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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!”  

US SignUp Forms 9-9-9

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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!”

 

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Customer Enrollment Package

 

Customer Enrollment Package:

Client’s Name: Kem Moser Case File #: [ ]

[THE U.S. MITIGATION SERVICE] would like to congratulate you on your decision to takecontrol of your financial future and for allowing us to provide you with some of the mosteffective solutions to solving your pending real estate problem. As a valued U.S. MITIGATIONSERVICE customer, you can be assured that we will be available to answer all your questionsand concerns throughout the negotiation process. As you regain control of your personalfinances, [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 inmind 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. Onthe following page you will find an enrollment checklist for your reference. Please followinstructions on the checklist, and be as detailed as possible when filling out the enrollment package. We will first make sure you qualify for a loan modification.

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 completionof your file. We have your preliminary file Therefore, it is important we receive these documentsvia 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 toallow 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 toworking 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 youand your family. As such, each and every one of our owners, employees and affiliates iscommitted to working with your lenders to expedite your loan mediation and get you into amortgage that you can afford. Our client-centered mediators work with you, keeping youabreast 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 negotiatingcreative 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 loanmodification 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 toidentify federal and state legal violations which provide grounds for legal action, should youchoose to pursue it. These negotiators deal with lenders like yours every day and bypass thenormal 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. Whilenearly 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 thanother mitigation companies charge homeowners, The U.S. Mitigation Service pursues everyavenue possible to save your home.Our SOLE focus is on you, the client. As such, we are only concerned about your financialfuture, not the Lender’s. We work for you our client with no up front fees. Our counselors accessyour 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 youwould like to go to step two. And keep in mind if you choose to stop the process there isabsolutely 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 questionor get some peace of mind. We look forward to working with you!Sincerely,

K.Michael KinsesK. Michael Kinses, CEO/Pres.

The U.S. Mitigation Service, LLCOffice 714-683-0500 Fax 714-683-0550  [email protected]*A benefit to your situation is based on a common sense evaluation of where you were and what this process hasdone 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 acceptyour case, we are expecting a favorable outcome.9/2009

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REQUIRED DOCUMENT LIST

First Loan Number: ______________________ Bank’s Name:_____________ 

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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 isEXTREMELY 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 allowtime 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 hardshipclaim, such as medical bills, death certificates, unemployment stubs, and divorce decree, etc. If there is more thanone borrower each person needs to complete a separate form.

   COPIES OF MOST RECENT PAYROLL STUBS- Please provide copies of pay stubs for the month mostrecently worked for both the borrower and co-borrower.▫ (IF SELF EMPLOYED) COPIES OF MOST RECENT FEDERAL INCOME TAX RETURN- Providecopies 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 ANY AUTO PAYMENTS

   COPIES OF ALL INCOME STATEMENTS-

401K/ESOP, RENT INCOME, STOCKS/BONDS, CDs/MONEY MARKET ACCT. 

   COPIES OF HOUSEHOLD UTILITY BILLS

Gas 

Electric 

Water  Telephone – Cell Phone /Home/ Work  

Cable and/or Internet 

   COPIES OF INSURANCE BILLS

Homeowner’s Insurance 

Life Insurance 

Health Insurance 

Auto Insurance 

   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

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All documents included in this package:

Page

Number

Signature

Required

1. Fee Agreement for Research and Analysis 6-8 YES2. Limited Power of Attorney 9 YES3. Monthly Income and Expense Worksheet 10-13 YES4. Hardship Letter 14-16 YES

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Fee Agreement for Research and Analysis

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This Agreement is made and entered into this 4 th Day of December, by and between [THE U.S.MITIGATION SERVICE], and the client [ Kem Moser] residing West Chester, PA subject toand 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 restructuringand lowering borrower’s general debt and real property-secured debt; and

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

NOW THEREFORE in consideration of the foregoing and every term, covenant and conditionhereafter 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. Youmust return all of the documents listed on the checklist within three (3) calendar days uponexecution of this agreement. You must return any follow up documentation requested by uswithin one (1) day of such request. If you fail to submit this documentation within the foregoingtime 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 theCompany that he/she/they will at all times, provide the Company and/or it’s agents withinformation 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 andagainst 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 advancefor the Services as provided herein, [THE U.S. MITIGATION SERVICE] shall promptlyanalyze Client’s financial situation, and perform whatever research the Company determines inits sole discretion is necessary, reasonable or advisable, including but not limitedto practical ways to improve Clients present debt structure. Upon completion of the Company’sanalysis and research efforts, the Company shall engage Client’s lender to initiate a loanmodification on behalf of Client.

[ ]

Third Party Professional Waiver. Client gives the Company permission to access the reports andinformation contained therein. Client(s) authorized [THE U.S. MITIGATION SERVICE] to usea third party professional firm to process the debt restructuring on the Client’s behalf.

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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 programcost as payment in advance for the Services.

Client Advised to Seek Counsel. By virtue of their signature hereunder, Client acknowledges thathe/she/they understand that [THE U.S. MITIGATION SERVICE] are not attorneys, and do notgive legal advice. At no point does [THE U.S. MITIGATION SERVICE] or its in-house counselsell or represent to sell any legal services. The legal department at [THE U.S. MITIGATIONSERVICE] 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 toacting on any recommendation provided to Client by the Company.

Entire Agreement. This Agreement constitutes the entire agreement between the parties. [THEU.S. MITIGATION SERVICE] makes no warranty, express or implied, as to the fitness of anyrecommendation it may make to Client arising out of this Agreement. Except for cause, Clientunconditionally waives any right of action against [THE U.S. MITIGATION SERVICE], itsofficers, 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 followingany 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 notacted upon in whole or in part by Client.

Gender. Whenever used in this Agreement, the singular shall include the plural, the plural shallinclude 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 purposesincluding 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 bereferences 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 timefor performance.

[ ]

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

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Agreement Received. By virtue of their signatures below, Client acknowledges that he/she hasread, understands and agrees to every term, covenant and condition of this Agreement and thathe/she has received a true and complete copyhereof, 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 sameinstrument.

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 ModificationAgreement 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 modificationapplication. 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 understoodthat a copy of this form will also serve as authorization. The information the Company obtains isonly 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 AMORTGAGE PAYMENT IN EXCHANGE FOR THE COST OF A LOANMODIFICATION PROGRAM. I UNDERSTAND THAT A LOAN MODIFICATIONREQUEST MAY NOT HALT ANY FORECLOSURE OR DEBT COLLECTIONPROCEEDINGS. SHOULD ANY AGENT, AFFILIATE, SALESPERSON, OR OTHERWISE,HAVE INADVERTENTLY, ACCIDENTLY, WILLFULLY, OR OTHERWISE, HAVECOMMUNICATED ANYTHING CONTRARY TO THE AFOREMENTIONED TO ME, IUNDERSTAND 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 [THEU.S. MITIGATION SERVICE] [1648 S. CLEMENTINE ST. ANAHEIM, CAL. 92802-2901],[866-802-7932], as my attorney in fact, with full power and authority to represent me innegotiating 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 confidentialcredit and account information from creditors, credit reporting agencies, and other third partieswho are involved with my credit issues. I (we) further authorize [THE U.S. MITIGATIONSERVICE] to release a copy of this Limited Power of Attorney to my creditors.

Lender Name: ____________________________Acct. # _________________________ 

Client’s Name: __ Kem Moser 

Spouse/ Cosigner’s Name:_ ________ 

  West Chester, PA

Client’s Date of Birth:____________ Spouse/ Cosigners Date of Birth:______________ 

Client’s SSN:___________________ Spouse/ Cosigners SSN:____________________ 

AuthorizationtoReleaseInformation

To Whom It May Concern:

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I/We hereby fully authorize you to release to The U.S. Mitigation Service, LLC and any and allemployees, associates, assignees, or partners of these entities , including but not limited to anyattorneys retained on my behalf, any and all information that they may require, including but notlimited 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; taxreturn 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 abovenamed. 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 West Chester, PA

Thank you,

  Name: Signature:

Social Security # - -

  Name: Signature:

Social Security # - -

Client’s Signature:_______________________________ Date:___________________ 

Client’s Signature:_______________________________ Date:___________________ 

 

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Monthly Income and Expense Worksheet

HomeOwner Info Co-Owner InfoName:

Social Security Number:Mailing Address:City, Sate, Zip

Home Phone #

Work Phone #

Cell Phone #

Best Time To CallNo. of Dependents:

No. of Occupants:Employer:City, State, ZipPhoneOccupation:

Years: Months: Years: Months:

Property Address:Is this property a rental?

Yes No

Do you currently reside in theproperty

Yes No

If no, when did you last occupy theproperty?

Date: _____________________________ 

Is the property currently listed for sale?

Yes No

Realtor’s Name:

Realtor’s Phone #:

 

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[ ] 

Income Information

Type HomeOwner Co-Owner Total

Monthly NET $ $ $Overtime $ $ $Commission $ $ $Bonus $ $ $Rental Income $ $ $Social Security $ $ $Child Support $ $ $Alimony $ $ $Disability $ $ $Unemployment $ $ $Other Income $ $ $

Asset Information

Type HomeOwner Co-Owner TotalChecking $ $ $Savings $ $ $Co. Retirement $ $ $401K $ $ $IRA $ $ $Stocks $ $ $

Bonds $ $ $CD’s/MoneyMarket

$ $ $

Other Security $ $ $Other Property $ $ $Notes Paid to You $ $ $Personal Property $ $ $Vehicle #1

Est. Value: $ Balance: $ Payment: $

Vehicle #2Est. Value: $ Balance: $ Payment: $

Life Insurance –

Cash Value

$ $ $

Other $ $ $

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[ ]

Debt Information

Type Creditor Account Number Payment Balance

Mortgage 1st Mortgage 2nd

Mortgage 3rd

LiensJudgmentsAuto LoanAuto LoanAuto LoanPersonalLoanStudentLoan

Debt Information Continued

Type Creditor Account Number Payment Balance

Credit CardCredit CardCredit CardCredit CardCredit CardCredit Card

Credit CardCredit CardCredit CardCredit CardCredit CardOther Other Other Other 

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[ ]

Expenses Information

Food $ House Phone $Gas $ Cell Phone $

Electric $ Transportation $Water $ Auto Insurance $Sanitation $ Gasoline $Child Support $ Cable $Alimony $ Internet $Child Day Care $ Dining $Parking $ Movie $Tuition $ Prescription Drugs $Medical Expenses $ Charity $Property Taxes $ Entertainment $Homeowner’s Ins. $ Other $

I (we) agree that the financial information provided is an accurate statement of my (our) financial status. I (we) understand and acknowledge that any actiontaken by the lender of my (our) mortgage loan on my (our) behalf will be madestrict reliance financial information provided. My (our) signature (s) below grantthe holder of my (our) mortgage the authority to confirm the information I (we)have disclosed in this financial statement, to verify it is accurate by ordering acredit report.

Client’s Signature:_______________________________ Date:___________________ 

Client’s Signature:_______________________________ Date:___________________ 

The US Mitigation Service LLC is a full service company working in conjunction withThe Mortgage Broker Incorporated a California Corporation both located in Anaheim,California. Practicing in modifications, real estate, mortgage, reverse mortgage, and debtreduction.

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

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Personal Data Form

Privacy Statement: This information is being used to perform preliminary qualifications. The Social Security Number is used as a unique identifier. Anyinformation contained within this Personal Data Form may be forwarded to your lender, loan service, their attorney and any applicable organization.3/24/09

Borrower: Co-Borrower: Date:

Social Security #: - - Social Security #: - -

Property Address: Home Phone: ( ) -

City: Work Phone: ( ) -

State: Zip Code: Cell Phone: ( ) -

Mailing Address: (If Different) Fax: ( ) -

Email:

Lender Name: 2nd Mrtg Lender/Lien:

Loan #: 2nd Loan #:

Loan Type (FHA/VA/Conventional) __ Type of Loan(FHA/VA/Conventional) _______ 

Lender Phone: ( ) - 2nd

Lender Phone: ( ) -

Interest Rate: ______ Interest Rate:_____  

Fixed? ARM? Neg Am? _____ Fixed? ARM? Neg Am?____  

Borrower’s Employer: _______________ Co-Borrower’s Employer: _______________ 

Address: _______________________ Address: ________________________________ 

Years Employed: ________________ Years Employed: _________________________ 

Hourly Wage_____ OR Salary: _____ Hourly Wage_____ OR Salary: ___________ 

 Net Income: _____________________ Net Income: ____________________________ 

Have you received a Notice of Default? YES / NO Have you received a Notice

of Sale? YES / NO

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Are You in Foreclosure: YES / NO Do You Have a Sale Date: YES /

 NO

1st Mortgage Payment: $ # Months Behind: Months

Arrears: $

2nd Mortgage Payment: $ # Months Behind: Months

Arrears: $

Are Property Taxes and Insurance Escrowed: YES / NO Monthly Tax: $_____ Monthly

Insurance: $___ 

Have You Ever Filed Bankruptcy: YES / NO

Are You CURRENTLY in Bankruptcy: YES / NO

Type of Bankruptcy: Chapter 7 Chapter 13

Filing Date:

Did You Buy the House after Filing: YES / NO

Did You Reaffirm the Mortgage: YES / NO

Discharge Date:

Was the Discharge W/O Restriction: YES / NODo You Have the Discharge Letter: YES / NO

Have you made any previous arrangements with your mortgage holder?  _________When? ___________ What happened to that arrangement? ________________________________________________________________________  ________________________________________________________________________ 

 ________________________________________________________________________  _______________________________________ 

Have You Refinanced Since the Original Loan: YES / NO Date:

9/09

In your opinion, what is the MOST your monthly mortgage could be andstill be affordable? (NOTE: This is NOT the amount for which we will

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negotiate; we will work for a much lower payment, if possible). _______________________________ 

How Much Do You Have Available Towards the Delinquency as of Today: (A) $ _____ 

How Much Money Will You Have Available in the Next 45 Days: (B) $

Total Amount Available: (A + B) $

By signing this form, I certify that the information provided in this application is true andcorrect to the best of my/our knowledge, information and belief.

 Client Signature

 Client Name Date

 Client Signature

 Client Name Date

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