This form is intended for creditors who have a deed of trust, mortgage or agreement for sale.
Please complete the applicable portions of this form. The more thorough job you do now the faster we can help.
Your Name:
_________________________________________________________________
Your Address:
_______________________________________________________________
State &
County where you live
_________________________________________________
Phone Number: ___________________ (office)
____________________ (home)
Fax Number: ______________________
E-mail address: _________________________
If you are a new client - who referred you to our office: _______________________________
If applicable, your company's name, address and contact
information. This would be applicable if the debt is
owed to your company, not to you personally.
Full Name of
your company (if this is a corporation/LLC indicate
state of incorporation)
____________________________________________________________________________________
Company Address:
_______________________________________________________________
State &
County where company does business
_________________________________________________
Phone Number: ___________________ (office)
Fax Number: ______________________
E-mail address: _________________________
Full Name of the Debtor(s) ______________________________________________________________
Bankruptcy Case Number: __________________________ Has the debtor filed other bankruptcies? ( ) yes ( ) no
Check the
appropriate box if any of the following were pending a the
time the bankruptcy was filed:
___ a trustee's sale
___ judicial foreclosure
___ forcible entry and detainer
If you know, what you need our firm to do?
___ a motion for relief from the automatic stay
___ a proof of claim
___ objection to Plan of Reorganization
___ objection to discharge
___ general review of bankruptcy issues
___ attend creditor's meeting (341(a))
___ Other -
_____________________________________________________________________
For lenders on
real property: Please provide this
office with the following documents, if they exist:
If the lender is a company - a signed resolution giving the agent for the company authority to sign the necessary documents to proceed with this legal action. Make sure to identify the person authorized to sign the documents and their position with the company.
Copy of the signed and notarized Deed of Trust or Agreement for Sale (with recording information)
Copy of the signed Promissory Note
Copy of any assignments or modifications of the loan documents (with recording information).
Copy of any assignments of Beneficial Interest (with recording information)
If this is a commercial property then include copies of all loan documents, including any assignment of leases and contracts.
Copy of all demand letters for payment, or responses from property owner or the servicer.
Statement of debt as of the date the bankruptcy was filed. Ask your servicer to prepare a reinstate as of the date the bankruptcy was filed and a payoff for the entire loan. If a trustee's sale, foreclosure, repossession or garnishment has been started then ask the person/company for this same information.
A copy of any of the
following that applies to your situation:
___ If a trustee's sale: the notice of trustee's sale, statement of
breach, substitution of trustee
___ if a judicial foreclosure: the complaint, answer, discovery
___ If a garnishment: the complaint, answer (if any) and writ of
garnishment
___ If a repossession: the contract, seizure demand(s), notice of
auction, complaint, answer, judgment.
Copy of
letter from the lender (beneficiary) to the servicer authorizing
their release of information to my office.
In addition we need the
following information:
Location or address for the property
you have a lien or security interest in (include City and zip code):
___________________________________________________________________________________
County where the property is located _____________________________________
What do you believe the property is worth in its current condition? _______________
Is the property 5 raw land 5 residential property 5 commercial property
Is there a mobile home on the property? 5 yes 5 no 5 I do not know
Are the real property taxes current? 5 yes 5 no 5 I do not know
Is there insurance on this property? 5 yes 5 no 5 I do not know
Are you listed as a loss payee on the insurance? 5 yes 5 no 5 I do not know
When you entered into this loan did you purchase a "lender's policy" 5 yes 5 no
Name and address of the
current property owners:
________________________________________________________________________
The last payment received (amount, date and
what month that payment was applied to)
________________________________________________________________________
What is the total amount due each month?
If there is a concurrent payment due please identify each
separate amount and list each lender. Make sure to
include the servicing and title company fees.
_________________________________________________________________________
Have you made any oral or written
agreement(s) with regarding to accepting late or partial
payments? If so, what, when and
how?
_________________________________________________________________________
_________________________________________________________________________
Have you received any bad funds from this
borrower in the last 24 months? If so, how often?
_________________________________________________________________________
Any
problems that you know to exist (including litigation):
______________________________________________________________________________
_________________________________________________________________________
Information about the servicer (IF ANY) of this loan.
Name:_________________________________, Address_________________________________
Phone: ___________________ Fax: __________________ Account number:
_______________
____ Check here if you are servicing your own loan.
If a trustee's sale or
judicial foreclosure has started information about the trustee or
attorney.
Name:_________________________________, Address_________________________________
Phone: ___________________ Fax: __________________ Account number:
_______________
The name, address and
account number of any other lien-holders:
__________________________________________________________________________
_________________________________________________________________________
Monies you were owed on the date that the bankruptcy was filed.
Principle Amount: _______________________
___ payments (number) from _______ (month) to _______
(month) $______/month/year
Default rate of interest from _______(date) to
________(date) totaling $__________
Late charges: (number of months) _________________ totaling
$____________
Monies you have paid to senior liens
___________________________ (name) $_________, plus interest
$_____
Monies you have paid to HOA/taxes/insurance
___________________ (name) $_________ plus interest $_____
Monies you have paid to title company/lawyers
___________________ (name) $_________ plus interest $_____
Other monies you have paid __________________________________ (name) $_________
plus interest $_____
Monies you are owed as of __________ (fill
in date you calculate the following. This date is after the
date that the bankruptcy was filed..
Current Principle Amount: _______________________
___ payments (number) from _______ (month) to _______
(month) $______/month/year
Default rate of interest from _______(date) to
________(date) totaling $__________
Late charges: (number of months) _________________ totaling
$____________
Monies you have paid to senior liens
___________________________ (name) $_________ plus interest
$_____
Monies you have paid to HOA/taxes/insurance
___________________ (name) $_________ plus interest $_____
Monies you have paid to title company/lawyers
___________________ (name) $_________ plus interest $_____
Other monies you have paid __________________________________ (name) $_________
plus interest $_____
PLEASE DO NOT UNDERESTIMATE THE
IMPORTANCE OF FILLING OUT ALL THIS INFORMATION CORRECTLY, ESPECIALLY
QUESTIONS 3 AND 4.
After we receive this information we will prepare documents. We cannot start the process until we have received this information and a retainer. The more thorough you are in filling out this information the faster the process can be started.
If you ask that we file a motion for relief there first must be a 5 day demand letter sent to the Debtor and Debtor's attorney.
VERY IMPORTANT NOTES:
IT IS EXTREMELY IMPORTANT THAT YOU DO NOT TALK TO THE DEBTOR or THEIR ATTORNEY.
IS IS ALSO EXTREMELY IMPORTANT THAT YOU DO NOT ACCEPT ANY MONIES FROM THE DEBTOR WITHOUT FIRST TALKING TO THIS OFFICE.
IF YOU ARE A JUNIOR LENDER MAKE SURE TO TALK TO ME ABOUT KEEPING ALL PAYMENTS TO SENIOR LIEN-HOLDERS CURRENT - THIS MAY OR MAY NOT BE A GOOD IDEA.
MAKE SURE THAT YOU KEEP TRACK OF ALL MONIES YOU SPEND. IF YOU EXPECT TO RECEIVE A REFUND OF THESE MONIES YOU MUST INCLUDE THEM IN THE FIGURES YOU PROVIDE US IN THIS FORM OR A LATER AMENDMENT.