Preview
AFFIDAVIT STATE OF CONNECTICUT
Federal Loss Mitigation Programs SUPERIOR COURT
SD-CL-114 Rev. 8-12 vow jud.ct. gov
Instructions
1. Prepare legibly. Docket number (iravaibicy
2. Submit the original to ihe clerk of court.
Name of case (Plainti v. Defendant)
U.S. BANK, N.A., SUCCESSOR TRUSTEE TO LASALLE BANK NATIONAL ASSOCIATION, ON BEHALF OF THE HOLDERS OF
BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2007-HE3, ASSET-BACKED CERTIFICATES SERIES 2007-HE3 v. DAVID
Jd. CARROLL
Judiclal District ‘Adgress of Cour (Numiber, siaet and tour) Retum date (available)
Litchfield 15 West Street, Litchfield, CT 06759
Your name (Affanty
Monica Nielsen
"Address of properly al issue (Number, street, fawn, stale, 2 cooe)
9 Woodcrest Lane, Lakeville, CT 06039
The undersigned, being duly swom, deposes and says:
1. Lam over the age of eighteen years of age and believe in the obligations of an oath.
2.1am the Document Control Officer (ob title) of Select Portfolio Servicing, Inc.
(Plaintiff or Plaintiff's servicer) and am authorized to sign on behalf of Select Portfolio Servicing, Inc.
(Plaintiff or Plaintiff's servicer).
3. | am familiar with the business records and procedures of Select Portfolio Servicing, Inc.
(Plaintiff or Plaintiff's servicer) with respect to ihe mortgages that it owns and/or services.
4, Based on my review of the business records of Select Portfolio Servicing, Inc.
(Plaintiff or Plaintiffs servicer) and the account of the borrower (ihe word “borrower” includes any and all borrowers and
morigagors of the mortgage loan that is the subject of this case), | have specific knowledge of the loan secured by the
morigage executed by the Defendant(s) in this case.
5. The loan secured by the mortgage for which plaintiff seeks foreclosure is subject to the following (check aif that apply):
The loan is not owned or guaranteed by a Government Sponsored Enterprise (GSE), is not guaranteed or insured by :
any federal agency, and is not serviced by a lender participating in the federal Making Home Affordable Program. (if this
box is checked, no further information regarding this paragraph 5, paragraph 6, or paragraph 7 is required. If this box is
not checked, the appropriate boxes under subparagraphs 5a, 5b and 5c as well as paragraphs 6 and 7 (if applicable)
must be checked.)
5, a. With respect to the following programs under the federal Making Home Affordable Program (MHA) — the Home
Affordable Modification Program (HAMP), the Second Lien Modification Program (2MP), the Home Affordable
Foreclosure Alternatives Program (HAFA), and the Home Affordable Unemployment Program (UP), including any of
such programs adopted by Fannie Mae and Freddie Mac:
The joan is eligible for review under the above programs and a review is pending at this time.
The loan is not eligible for review under the above programs because (check ali that apply and, if any box is checked,
proceed to subparagraph 5b):
(CO The loan's servicer does not participate in MHA.
The property is not owner-occupied, is vacant, is condemned, and/or has more than four units.
(Page 1 of 4)The joan was originated on or after January 1, 2009.
The unpaid principal balance of the toan prior to capitalization of any arrearages, fees, and other costs exceed the
applicable limit:
$729,750 for 4 unit;
$934,200 for 2 units;
$1,129,250 for 3 units; or
$1,403,400 for 4 units.
The foan's servicer does not have the contractual authority to modify the loan under MHA per investor guidelines.
JA The loan is eligible for review under the above programs but the borrower does not quality for the following reasons(s)
‘check all that apply):
Plaintiff or Plaintiff's servicer has made a “Reasonable Effort" to solicit the borrower (as defined under MHA
Handbook Chapter II, Section 2.2.1, as amended from time to time) but:
was unable to establish "Right Party Contact" (as defined under MHA Handbook Chapter II, Section 2.2.2, as
amended from time to time).
ihe borrower advised the Plaintiff or the Plaintiff's servicer that the borrower is not interested in participating in
any of the above programs.
Plaintiff or Plaintiff's servicer has not timely received all documentation necessary to complete a review for loss
mitigation, specifically (check aif that apply):
(7 Proof of current income, specifically
Completed IRS Form 4506-T or 4506T-EZ
[2] Dodd-Frank Certification
Request for Modification and Affidavit Form .
Other: (specity) No yeseonc, be Solicitation S
Ht none of the above reasons for disqualification are checked, please check all that apply under the following
four sub-paragraphs:
5. a. 1. Specific io HAMP:
The subject loan is not a first mortgage loan. (This denial reason applies to HAFA and UP as well).
The total payment on the first mortgage (principal, interest, faxes, insurance, and association fees, if any) is less
than 31% of the borrower's monthly gross income. (This denial reason applies to UP as well, unless the servicer
has waived this requirement; with respect to Fannie Mae and Freddie Mac loans only, this denial reason applies
to HAFA as well; for non-Fannie Mae and Freddie Mac loans, an additional denial reason must also be selected
under HAFA.)
Payment cannoi be feasibly reduced to make it equal to 31% of the borrower's monthly gross income without
requiring excessive forbearance. (if selected, denial reason must also be selected under HAFA).
Net Present Value Calculation does not favor modification. (ff selected, denial reason must also be selected
under HAFA and UP).
J The borrower received a previous modification under HAMP effective (date) and failed to
comply or defaulted. (If selected, denial reason must also be selected under HAFA; but this denial reason
applies to UP as well).
[_] The borrower received a trial plan modification but failed to make each payment by the end of the month in which
it was due. (if selected, denial reason musi also be selected under HAFA; but this denial reason applies to UP as
welll).
Other (specify)
5. a. 2. Specific to HAFA (Complete only if instructed above in sub-paragraph 5.a.1.):
The borrower did not respond to HAFA solicitations.
The borrower communicated that the borrower was not interested in pursuing HAFA.
The borrower did not return the signed Short Sale Agreement.
The borrower did not obtain a contract for sale within the time permitted under the program.
Other (specify)
5. a. 3. Specific to 2MP (Complete only if this is a second lien):
Corresponding first lien has not been modified under HAMP.
2nd lien has an unpaid balance of less than $5,000.
(2 2nd lien has a pre-modification scheduled monthly payment of less than $100.
2nd lien has already been modified under 2MP.
(J 2nd lien does not require payments until the first lien is paid in full
Insured, guaranteed or held by FHA//VA/Rural Development.
Other (specify)
JD-GL-114 Rev. 412
(Page 2 of 4)5. a. 4. Specific to UP:
No borrower was unemployed on the date UP was requested.
No borrower will receive unemployment benefits in ihe month of the UP Forbearance Period Effective Date.
The borrower's delinquency exceeds 12 months of the borrower's scheduled monthly morigage payment, and the
servicer has not waived this requirement.
Other (specify)
5. b. With respect to the Federal Housing Administration (FHA), the United States Department of Veterans Affairs (VA), or
the United States Department of Agriculture (USDA):
The loan is subject to one of the above-listed entities’ loss mitigation programs and a review is pending at this
time.
& The loan is not subject to the above-listed entities’ loss mitigation programs because the loan is not guaranteed, owned,
or insured by any of the entities. (if checked, proceed to subparagraph 5.c.)
The loan is subject to one of the above-listed entities' loss mitigation programs but does not qualify for the following
reason(s) (check aff that apply):
Plaintiff or Plaintiff's servicer has not received any response to solicitations for loss mitigation. (if this box is checked,
no other box under 5.b. needs to checked.)
Plaintiff or Plaintiff's servicer has not timely received all documentation necessary to complete a review for loss
mitigation, specifically: (If this box is checked, no other box under 5b needs to be checked.)
(List all documentation not timely received)
[_] The borrower is showing a deficiency when comparing monthly debt to income. (/f this box is checked, the applicable
boxes under FHA-HAMP, or VA-HAMP need to be checked as weil.)
Property is non-owner occupied. (If this box is checked, no other box under 5.b. needs to be checked.)
Other (specify)
Aiso check all that apply under the following two sub-paragraphs (unless otherwise instructed above):
5. b. 1. Specific to FHA-HAMP:
Payment on the first mortgage is less than 31% of the current gross income.
Payment cannot be feasibly reduced to make it equal to 31% of the borrower's current gross income without
exceeding the partial claim limit.
The borrower received a previous modification under FHA-HAMP and failed to comply or defaulted.
Four full payments have not been made on the subject loan.
The first payment due date from loan origination is less than 12 months ago.
Back-end ratio is greater than 55%.
The borrower qualified for a traditional home retention loss mitigation option but failed to sign and return the
agreement or defaulted on the same.
Other
5. b. 2. Specific to VA-HAMP:
Payment on the first morigage is less than 31% of the current gross income.
Payment cannot be feasibly reduced to make it equal to 31% of the borrower's current gross income requiring
excessive forbearance.
Servicer has determined that foreclosure would be more advantageous to the VA than modification under VA-HAMP
because: (Specify)
The borrower qualified for a traditional home retention loss mitigation option but failed to sign and return the
agreement or defaulted on the same.
Other
SD-CL-114 Rev. 3:12
{Page 3 of 4)5. c. With respect to the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage
Corporation (Freddie Mac):
The loan is subject to review under one of the above entities’ loss mitigation programs and a review is pending
at this time.
The loan is not subject to review under one of the above entities' loss mitigation programs because the loan is not
owned or guaranteed by Fannie Mae or Freddie Mac. (if checked, proceed io paragraph 6)
The loan is subject to review under one of the above entities’ loss mitigation programs but does not qualify for the
following reason(s) (check all that apply):
Note: all applicable information pertaining to HAMP and/or HAFA is set forth above in sub-paragraphs 5.a.1. and
5.a.2. and is incorporated by reference into this sub-paragraph as well.
FX Plaintiff or Plaintiff's servicer has not received any response to solicitations for loss mitigation.
Plaintiff or Plaintiff's servicer has not timely received all documentation necessary to complete a review for loss
mitigation, specifically:
(List all documentation not timely received)
Other reasons for.non-owner occupied property
Other reasons for owner occupied property
6. (Compleie if only written denial letter was sent). if the borrower has been denied assistance under any of the above
referenced foreclosure avoidance programs, the borrower has been notified separately in writing of any denial as detailed
above by way of a letter dated (insert date of letter).
Check Only If Applicable:
7. (J The borrower's time for seeking review of the decision to deny participation in any applicable loss mitigation program
has expired: the borrower has no pending applications pursuant to any loss mitigation program listed above; and the
borrower is not currently participating in a trial or other temporary period of a loss mitigation program.
; fA idress wh ied (Number, street, town, siale, zip code)
Signature of Affant Document Control ¢ fice: re staned (Ne See Cee
ol ¢ BRIS S$ West Temple
Molle _- Maples fyielgen Salk lake Coby, UT gyi
Date signed | Signed (Notary Public)
K
Siqued by) Monica Nie/lSen
Subscribed and sworn
io before me on;
May 3e-2e/y | Moy Zaze}
Notary Public Stale of Utdh DOC. CONTROL OFFICER
8) my Commission Expires on:
201
Salt Lake
Utah
SD-CL-114 Rev. 3-42
(Page 4 of 4)
Preview
AFFIDAVIT STATE OF CONNECTICUT Federal Loss Mitigation Programs SUPERIOR COURT SD-CL-114 Rev. 8-12 vow jud.ct. gov Instructions 1. Prepare legibly. Docket number (iravaibicy 2. Submit the original to ihe clerk of court. Name of case (Plainti v. Defendant) U.S. BANK, N.A., SUCCESSOR TRUSTEE TO LASALLE BANK NATIONAL ASSOCIATION, ON BEHALF OF THE HOLDERS OF BEAR STEARNS ASSET BACKED SECURITIES I TRUST 2007-HE3, ASSET-BACKED CERTIFICATES SERIES 2007-HE3 v. DAVID Jd. CARROLL Judiclal District ‘Adgress of Cour (Numiber, siaet and tour) Retum date (available) Litchfield 15 West Street, Litchfield, CT 06759 Your name (Affanty Monica Nielsen "Address of properly al issue (Number, street, fawn, stale, 2 cooe) 9 Woodcrest Lane, Lakeville, CT 06039 The undersigned, being duly swom, deposes and says: 1. Lam over the age of eighteen years of age and believe in the obligations of an oath. 2.1am the Document Control Officer (ob title) of Select Portfolio Servicing, Inc. (Plaintiff or Plaintiff's servicer) and am authorized to sign on behalf of Select Portfolio Servicing, Inc. (Plaintiff or Plaintiff's servicer). 3. | am familiar with the business records and procedures of Select Portfolio Servicing, Inc. (Plaintiff or Plaintiff's servicer) with respect to ihe mortgages that it owns and/or services. 4, Based on my review of the business records of Select Portfolio Servicing, Inc. (Plaintiff or Plaintiffs servicer) and the account of the borrower (ihe word “borrower” includes any and all borrowers and morigagors of the mortgage loan that is the subject of this case), | have specific knowledge of the loan secured by the morigage executed by the Defendant(s) in this case. 5. The loan secured by the mortgage for which plaintiff seeks foreclosure is subject to the following (check aif that apply): The loan is not owned or guaranteed by a Government Sponsored Enterprise (GSE), is not guaranteed or insured by : any federal agency, and is not serviced by a lender participating in the federal Making Home Affordable Program. (if this box is checked, no further information regarding this paragraph 5, paragraph 6, or paragraph 7 is required. If this box is not checked, the appropriate boxes under subparagraphs 5a, 5b and 5c as well as paragraphs 6 and 7 (if applicable) must be checked.) 5, a. With respect to the following programs under the federal Making Home Affordable Program (MHA) — the Home Affordable Modification Program (HAMP), the Second Lien Modification Program (2MP), the Home Affordable Foreclosure Alternatives Program (HAFA), and the Home Affordable Unemployment Program (UP), including any of such programs adopted by Fannie Mae and Freddie Mac: The joan is eligible for review under the above programs and a review is pending at this time. The loan is not eligible for review under the above programs because (check ali that apply and, if any box is checked, proceed to subparagraph 5b): (CO The loan's servicer does not participate in MHA. The property is not owner-occupied, is vacant, is condemned, and/or has more than four units. (Page 1 of 4)The joan was originated on or after January 1, 2009. The unpaid principal balance of the toan prior to capitalization of any arrearages, fees, and other costs exceed the applicable limit: $729,750 for 4 unit; $934,200 for 2 units; $1,129,250 for 3 units; or $1,403,400 for 4 units. The foan's servicer does not have the contractual authority to modify the loan under MHA per investor guidelines. JA The loan is eligible for review under the above programs but the borrower does not quality for the following reasons(s) ‘check all that apply): Plaintiff or Plaintiff's servicer has made a “Reasonable Effort" to solicit the borrower (as defined under MHA Handbook Chapter II, Section 2.2.1, as amended from time to time) but: was unable to establish "Right Party Contact" (as defined under MHA Handbook Chapter II, Section 2.2.2, as amended from time to time). ihe borrower advised the Plaintiff or the Plaintiff's servicer that the borrower is not interested in participating in any of the above programs. Plaintiff or Plaintiff's servicer has not timely received all documentation necessary to complete a review for loss mitigation, specifically (check aif that apply): (7 Proof of current income, specifically Completed IRS Form 4506-T or 4506T-EZ [2] Dodd-Frank Certification Request for Modification and Affidavit Form . Other: (specity) No yeseonc, be Solicitation S Ht none of the above reasons for disqualification are checked, please check all that apply under the following four sub-paragraphs: 5. a. 1. Specific io HAMP: The subject loan is not a first mortgage loan. (This denial reason applies to HAFA and UP as well). The total payment on the first mortgage (principal, interest, faxes, insurance, and association fees, if any) is less than 31% of the borrower's monthly gross income. (This denial reason applies to UP as well, unless the servicer has waived this requirement; with respect to Fannie Mae and Freddie Mac loans only, this denial reason applies to HAFA as well; for non-Fannie Mae and Freddie Mac loans, an additional denial reason must also be selected under HAFA.) Payment cannoi be feasibly reduced to make it equal to 31% of the borrower's monthly gross income without requiring excessive forbearance. (if selected, denial reason must also be selected under HAFA). Net Present Value Calculation does not favor modification. (ff selected, denial reason must also be selected under HAFA and UP). J The borrower received a previous modification under HAMP effective (date) and failed to comply or defaulted. (If selected, denial reason must also be selected under HAFA; but this denial reason applies to UP as well). [_] The borrower received a trial plan modification but failed to make each payment by the end of the month in which it was due. (if selected, denial reason musi also be selected under HAFA; but this denial reason applies to UP as welll). Other (specify) 5. a. 2. Specific to HAFA (Complete only if instructed above in sub-paragraph 5.a.1.): The borrower did not respond to HAFA solicitations. The borrower communicated that the borrower was not interested in pursuing HAFA. The borrower did not return the signed Short Sale Agreement. The borrower did not obtain a contract for sale within the time permitted under the program. Other (specify) 5. a. 3. Specific to 2MP (Complete only if this is a second lien): Corresponding first lien has not been modified under HAMP. 2nd lien has an unpaid balance of less than $5,000. (2 2nd lien has a pre-modification scheduled monthly payment of less than $100. 2nd lien has already been modified under 2MP. (J 2nd lien does not require payments until the first lien is paid in full Insured, guaranteed or held by FHA//VA/Rural Development. Other (specify) JD-GL-114 Rev. 412 (Page 2 of 4)5. a. 4. Specific to UP: No borrower was unemployed on the date UP was requested. No borrower will receive unemployment benefits in ihe month of the UP Forbearance Period Effective Date. The borrower's delinquency exceeds 12 months of the borrower's scheduled monthly morigage payment, and the servicer has not waived this requirement. Other (specify) 5. b. With respect to the Federal Housing Administration (FHA), the United States Department of Veterans Affairs (VA), or the United States Department of Agriculture (USDA): The loan is subject to one of the above-listed entities’ loss mitigation programs and a review is pending at this time. & The loan is not subject to the above-listed entities’ loss mitigation programs because the loan is not guaranteed, owned, or insured by any of the entities. (if checked, proceed to subparagraph 5.c.) The loan is subject to one of the above-listed entities' loss mitigation programs but does not qualify for the following reason(s) (check aff that apply): Plaintiff or Plaintiff's servicer has not received any response to solicitations for loss mitigation. (if this box is checked, no other box under 5.b. needs to checked.) Plaintiff or Plaintiff's servicer has not timely received all documentation necessary to complete a review for loss mitigation, specifically: (If this box is checked, no other box under 5b needs to be checked.) (List all documentation not timely received) [_] The borrower is showing a deficiency when comparing monthly debt to income. (/f this box is checked, the applicable boxes under FHA-HAMP, or VA-HAMP need to be checked as weil.) Property is non-owner occupied. (If this box is checked, no other box under 5.b. needs to be checked.) Other (specify) Aiso check all that apply under the following two sub-paragraphs (unless otherwise instructed above): 5. b. 1. Specific to FHA-HAMP: Payment on the first mortgage is less than 31% of the current gross income. Payment cannot be feasibly reduced to make it equal to 31% of the borrower's current gross income without exceeding the partial claim limit. The borrower received a previous modification under FHA-HAMP and failed to comply or defaulted. Four full payments have not been made on the subject loan. The first payment due date from loan origination is less than 12 months ago. Back-end ratio is greater than 55%. The borrower qualified for a traditional home retention loss mitigation option but failed to sign and return the agreement or defaulted on the same. Other 5. b. 2. Specific to VA-HAMP: Payment on the first morigage is less than 31% of the current gross income. Payment cannot be feasibly reduced to make it equal to 31% of the borrower's current gross income requiring excessive forbearance. Servicer has determined that foreclosure would be more advantageous to the VA than modification under VA-HAMP because: (Specify) The borrower qualified for a traditional home retention loss mitigation option but failed to sign and return the agreement or defaulted on the same. Other SD-CL-114 Rev. 3:12 {Page 3 of 4)5. c. With respect to the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation (Freddie Mac): The loan is subject to review under one of the above entities’ loss mitigation programs and a review is pending at this time. The loan is not subject to review under one of the above entities' loss mitigation programs because the loan is not owned or guaranteed by Fannie Mae or Freddie Mac. (if checked, proceed io paragraph 6) The loan is subject to review under one of the above entities’ loss mitigation programs but does not qualify for the following reason(s) (check all that apply): Note: all applicable information pertaining to HAMP and/or HAFA is set forth above in sub-paragraphs 5.a.1. and 5.a.2. and is incorporated by reference into this sub-paragraph as well. FX Plaintiff or Plaintiff's servicer has not received any response to solicitations for loss mitigation. Plaintiff or Plaintiff's servicer has not timely received all documentation necessary to complete a review for loss mitigation, specifically: (List all documentation not timely received) Other reasons for.non-owner occupied property Other reasons for owner occupied property 6. (Compleie if only written denial letter was sent). if the borrower has been denied assistance under any of the above referenced foreclosure avoidance programs, the borrower has been notified separately in writing of any denial as detailed above by way of a letter dated (insert date of letter). Check Only If Applicable: 7. (J The borrower's time for seeking review of the decision to deny participation in any applicable loss mitigation program has expired: the borrower has no pending applications pursuant to any loss mitigation program listed above; and the borrower is not currently participating in a trial or other temporary period of a loss mitigation program. ; fA idress wh ied (Number, street, town, siale, zip code) Signature of Affant Document Control ¢ fice: re staned (Ne See Cee ol ¢ BRIS S$ West Temple Molle _- Maples fyielgen Salk lake Coby, UT gyi Date signed | Signed (Notary Public) K Siqued by) Monica Nie/lSen Subscribed and sworn io before me on; May 3e-2e/y | Moy Zaze} Notary Public Stale of Utdh DOC. CONTROL OFFICER 8) my Commission Expires on: 201 Salt Lake Utah SD-CL-114 Rev. 3-42 (Page 4 of 4)