Us Shelly Agreement

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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!”

Customer Enrollment Package

Customer Enrollment Package: Client’s Name: Richard & Shelly Westervelt

Case File #: [

]

[THE U.S. MITIGATION SERVICE] would like to congratulate you on your decision to take control of your financial future and for allowing us to provide you with some of the most effective solutions to solving your pending real estate problem. As a valued U.S. MITIGATION SERVICE customer, you can be assured that we will be available to answer all your questions and concerns throughout the negotiation process. As you regain control of your personal finances, [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 in mind 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. On the following page you will find an enrollment checklist for your reference. Please follow instructions 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 completion of your file. We have your preliminary file Therefore, it is important we receive these documents via 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 to allow us to help you work through this difficult time. To Your Success! [

]

Thank you for entrusting your home to The U.S. Mitigation Service, LLC! We look forward to working 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 you and your family. As such, each and every one of our owners, employees and affiliates is committed to working with your lenders to expedite your loan mediation and get you into a mortgage that you can afford. Our client-centered mediators work with you, keeping you abreast 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 negotiating creative 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 loan modification 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 to identify federal and state legal violations which provide grounds for legal action, should you choose to pursue it. These negotiators deal with lenders like yours every day and bypass the normal 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. While nearly 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 than other mitigation companies charge homeowners, The U.S. Mitigation Service pursues every avenue possible to save your home. Our SOLE focus is on you, the client. As such, we are only concerned about your financial future, not the Lender’s. We work for you our client with no up front fees. Our counselors access your 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 you would like to go to step two. And keep in mind if you choose to stop the process there is absolutely 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 question or get some peace of mind. We look forward to working with you! Sincerely,

K.Michael Kinses K. Michael Kinses, CEO/Pres. The U.S. Mitigation Service, LLC Office 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 has done 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 accept your case, we are expecting a favorable outcome. 9/2009

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REQUIRED DOCUMENT LIST First Loan Number: ______________________

Bank’s Name:_____________

]

Second Loan Number: ____________________ Third Loan Number: _____________________

Bank’s Name:_________ Bank’s Name:_______________________________

In order for Loan Modification to begin, you will need to provide us with all the following information. It is EXTREMELY 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 allow time 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 hardship claim, such as medical bills, death certificates, unemployment stubs, and divorce decree, etc. If there is more than one borrower each person needs to complete a separate form.  COPIES OF MOST RECENT PAYROLL STUBS- Please provide copies of pay stubs for the month most recently worked for both the borrower and co-borrower. ▫ (IF SELF EMPLOYED) COPIES OF MOST RECENT FEDERAL INCOME TAX RETURN- Provide copies 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

]

All documents included in this package:

1. 2. 3. 4.

Fee Agreement for Research and Analysis Limited Power of Attorney Monthly Income and Expense Worksheet Hardship Letter

Page Number

Signature Required

6-8 9 10-13 14-16

YES YES YES YES

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Fee Agreement for Research and Analysis

]

This Agreement is made and entered into this 3rd Day of December, by and between [THE U.S. MITIGATION SERVICE], and the client [ Richard & Shelly Westervelt ] residing at 4 Nobile Ln Poughkeepsie, NY 12603-2620 subject to and 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 restructuring and lowering borrower’s general debt and real property-secured debt; and WHEREAS Client wishes to employ [THE U.S. MITIGATION SERVICE] to perform the following services, (“the Services”): (a) analyze Client’s debt situation, (b) research potential debt restructuring options that are or may be available to Client, and (c) present Client with the results of such research. NOW THEREFORE in consideration of the foregoing and every term, covenant and condition hereafter 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. You must return all of the documents listed on the checklist within three (3) calendar days upon execution of this agreement. You must return any follow up documentation requested by us within one (1) day of such request. If you fail to submit this documentation within the foregoing time 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 the Company that he/she/they will at all times, provide the Company and/or it’s agents with information 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 and against 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 advance for the Services as provided herein, [THE U.S. MITIGATION SERVICE] shall promptly analyze Client’s financial situation, and perform whatever research the Company determines in its sole discretion is necessary, reasonable or advisable, including but not limited to practical ways to improve Clients present debt structure. Upon completion of the Company’s analysis and research efforts, the Company shall engage Client’s lender to initiate a loan modification on behalf of Client. [ ]

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

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 program cost as payment in advance for the Services. Client Advised to Seek Counsel. By virtue of their signature hereunder, Client acknowledges that he/she/they understand that [THE U.S. MITIGATION SERVICE] are not attorneys, and do not give legal advice. At no point does [THE U.S. MITIGATION SERVICE] or its in-house counsel sell or represent to sell any legal services. The legal department at [THE U.S. MITIGATION SERVICE] 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 to acting on any recommendation provided to Client by the Company. Entire Agreement. This Agreement constitutes the entire agreement between the parties. [THE U.S. MITIGATION SERVICE] makes no warranty, express or implied, as to the fitness of any recommendation it may make to Client arising out of this Agreement. Except for cause, Client unconditionally waives any right of action against [THE U.S. MITIGATION SERVICE], its officers, 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 following any 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 not acted upon in whole or in part by Client. Gender. Whenever used in this Agreement, the singular shall include the plural, the plural shall include 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 purposes including 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 be references 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 time for performance. [

]

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

Agreement Received. By virtue of their signatures below, Client acknowledges that he/she has read, understands and agrees to every term, covenant and condition of this Agreement and that he/she has received a true and complete copy hereof, 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 same instrument. 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 Modification Agreement 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 modification application. 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 understood that a copy of this form will also serve as authorization. The information the Company obtains is only 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 A MORTGAGE PAYMENT IN EXCHANGE FOR THE COST OF A LOAN MODIFICATION PROGRAM. I UNDERSTAND THAT A LOAN MODIFICATION REQUEST MAY NOT HALT ANY FORECLOSURE OR DEBT COLLECTION PROCEEDINGS. SHOULD ANY AGENT, AFFILIATE, SALESPERSON, OR OTHERWISE, HAVE INADVERTENTLY, ACCIDENTLY, WILLFULLY, OR OTHERWISE, HAVE COMMUNICATED ANYTHING CONTRARY TO THE AFOREMENTIONED TO ME, I UNDERSTAND THAT THEIR STATEMENTS MAY BE, ERRONEOUS, INCORRECT, AND NOT THE ADVISE OR RECOMMENDATION OF THE COMPANY. .

Borrower Signature ________________________________ Date____________ Co-Borrower Signature _____________________________ Date____________

Limited Power of Attorney

I (we) hereby appoint [THE U.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 in negotiating 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 confidential credit and account information from creditors, credit reporting agencies, and other third parties who are involved with my credit issues. I (we) further authorize [THE U.S. MITIGATION SERVICE] to release a copy of this Limited Power of Attorney to my creditors. Lender Name: ____________________________Acct. # _________________________ Client’s Name: __

Richard & Shelly Westervelt______

Spouse/ Cosigner’s Name:_ Phyllis Jackson

Address:__

________

4 Noble.Ln

City Poughkeepsie, State NY Zipcode 12603-2620

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

Spouse/ Cosigners SSN:____________________

A uthorizationtoR eleaseInform ation To Whom It May Concern: I/We hereby fully authorize you to release to The U.S. Mitigation Service, LLC and any and all employees, associates, assignees, or partners of these entities, including but not limited to any attorneys retained on my behalf, any and all information that they may require, including but not limited 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; tax return 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 above named. 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 4 Nobile Ln Poughkeepsie, NY 12603-2620 . Date: 12-3-2009 Thank you, Name:

Signature: Social Security #

-

Name: Social Security #

-

Signature: -

-

Client’s Signature:_______________________________

Date:___________________

Client’s Signature:_______________________________

Date:___________________

Monthly Income and Expense Worksheet HomeOwner Info

Co-Owner Info

Name: Social Security Number: Mailing Address: City, Sate, Zip Home Phone # Work Phone # Cell Phone # Best Time To Call No. of Dependents: No. of Occupants: Employer: City, State, Zip Phone Occupation: Years:

Months:

Years:

Months:

Property Address: Is this property a rental? Yes

No

Do you currently reside in the property

If no, when did you last occupy the property?

Yes

Date: _____________________________

No

Is the property currently listed for sale?

Realtor’s Name:

Yes

Realtor’s Phone #:

No

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[ Income Information Type Monthly NET Overtime Commission Bonus Rental Income Social Security Child Support Alimony Disability Unemployment Other Income

HomeOwner

Co-Owner

$ $ $ $ $ $ $ $ $ $ $

$ $ $ $ $ $ $ $ $ $ $

Total $ $ $ $ $ $ $ $ $ $ $

Asset Information Type Checking Savings Co. Retirement 401K IRA Stocks Bonds CD’s/Money Market Other Security Other Property Notes Paid to You Personal Property Vehicle #1 Vehicle #2 Life Insurance – Cash Value Other

HomeOwner

Co-Owner

Total

$ $ $ $ $ $ $ $

$ $ $ $ $ $ $ $

$ $ $ $ $ $ $ $

$ $ $ $

$ $ $ $

$ $ $ $

Est. Value: $

Balance: $

Payment: $

Est. Value: $

Balance: $

Payment: $

$

$

$

$

$

$

12

]

[

Debt Information Type

Creditor

Account Number

Payment

Balance

Payment

Balance

st

Mortgage 1 Mortgage 2nd Mortgage 3rd Liens Judgments Auto Loan Auto Loan Auto Loan Personal Loan

Student Loan Debt Information Continued Type

Creditor

Account Number

Credit Card Credit Card Credit Card Credit Card Credit Card Credit Card Credit Card Credit Card Credit Card Credit Card Credit Card Other Other Other Other

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]

[

Food Gas Electric Water Sanitation Child Support Alimony Child Day Care Parking Tuition Medical Expenses Property Taxes Homeowner’s Ins.

$ $ $ $ $ $ $ $ $ $ $ $ $

Expenses Information House Phone Cell Phone Transportation Auto Insurance Gasoline Cable Internet Dining Movie Prescription Drugs Charity Entertainment 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 action taken by the lender of my (our) mortgage loan on my (our) behalf will be made strict reliance financial information provided. My (our) signature (s) below grant the 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 a credit report.

Client’s Signature:_______________________________

Date:___________________

Client’s Signature:_______________________________

Date:___________________

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

"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

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P ersonalD ataF orm Privacy Statement: This information is being used to perform preliminary qualifications. The Social Security Number is used as a unique identifier. Any information 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:

Social Security #:

-

-

Date:

Social Security #:

-

Property Address:

Home Phone: (

)

-

City:

Work Phone: (

)

-

Cell Phone:

(

)

-

Fax:

()

-

State:

Zip Code:

Mailing Address: (If Different)

-

Email:

Lender Name:

2nd Mrtg Lender/Lien:

Loan #:

2nd Loan #:

Loan Type (FHA/VA/Conventional) __ (FHA/VA/Conventional) _______ Lender Phone: (

)

-

Type of Loan 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

of Sale? YES / NO 15

Have you received a Notice

Are You in Foreclosure:

YES / NO

Do You Have a Sale Date:

YES /

NO 1st Mortgage Payment: $

# Months Behind:

Months

# Months Behind:

Months

Arrears: $ 2nd Mortgage Payment: $ 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 / NO Do 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 and still be affordable? (NOTE: This is NOT the amount for which we will 16

negotiate; we will work for a much lower payment, if possible). _______________________________ How Much Do You Have Available Towards the Delinquency as of Today: _____ How Much Money Will You Have Available in the Next 45 Days: Total Amount Available:

(A) $

(B) $ (A + B) $

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

Client Signature Client Name

Date

Client Signature Client Name

Date

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