Preview
AFFIDAVIT STATE OF CONNECTICUT
Tederal Loss Mitigation Programs SUPERIOR COURT
JD-CL-114 Rev. 3-12 www,jud.ct.gov
Instructions
1. Prepare legibly.
2, — Submit the original to the clerk of court.
Name of Case (Plaintiff v. Defendant) Docket Number
OneWest Bank, FSB vs. THE WIDOWERS, HEIRS, AND/OR CREDITORS OF THE
ESTATE OF DOROTHY M SHELTON, et al.
Judicial District Address of Court (Number, Street and Town) Return Date
Litchfield 15 West Street, Litchfield, CT 06759
Your Name (affiant) Rosa Olmos Fraire
Address of property at issue (Number, street, town, state, zip code)
56 Greene Avenue, North Canaan, CT 06018
The undersigned, being duly sworn, hereby deposes and says:
1. lam over the age of eighteen years of age and believe in the obligations of an oath:
2. lamthe __AssistantSecretarv (ob title) of OneWest Bank, FSB (Plaintiff or Plaintiffs servicer) and am authorized to sign on behalf
of OneWest Bank, FSB (Plaintiff or Plaintiff s servicer).
3, | am familiar with the business records and procedures of OneWest Bank, FSB (Plaintiff or Plaintiff s servicer) with respect to the
mortgages that it owns and/or services.
4. Based on my review of the business records of OneWest Bank, FSB (Plaintiff or Plaintiff's servicer) and the account of the borrower (the
word "borrower" includes any and all borrowers and mortgagors of the mortgage loan that is the subject of this case), | have specific
knowledge of the loan secured by the mortgage 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):
Q_ 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. ((f 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:
Q_ The loan is eligible for review under the above programs and a review is pending at this time.
Q_ The loan is not eligible for review under the above programs because (check all that apply and, if any box is checked, proceed to
subparagraph 5b):
Q_ The loan's servicer does not participate in MHA.
Q_ The property is not owner-occupied, is vacant, is condemned, and/or has more than four units.
Q_ The loan was originated on or after January 1, 2009.
Q_ The unpaid principal balance of the loan prior to capitalization of any arrearages, fees, and other costs exceed the applicable
limit:
$729,750 for 1 unit;
$934,200 for 2 units;
$1,129,250 for 3 units; or
$1,403,400 for 4 units.
Q_ The loan's servicer does not have the contractual authority to modify the loan under MHA per investor guidelines.
Q_ The loan is eligible for review under the above programs but the borrower does not qualify for the following reason(s) (check all
that apply):
Q_ 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:
Q_ was unable to establish Right Party Contact (as defined under MHA Handbook Chapter II, Section 2.2.2, as amended
from time to time).
Q_ the borrower advised the Plaintiff or the Plaintiffs servicer that the borrower is not interested in participating in any of the
above programs.
Q_ Plaintiff or Plaintiff's servicer has not timely received all documentation necessary to complete a review for loss mitigation,
specifically (check all that apply):
(Page 1 of 4)Proof of current income, specifically.
Completed IRS Form 4506-T or 4506T-EZ
Dodd-Frank Certification
Request for Modification and Affidavit Form
Other: (specify)
coooo
If none of the above reasons for disqualification are checked, please check all that apply under the following
four sub-paragraphs:
§.a.1. Specific to HAMP:
Q The subject loan is not a first mortgage loan. (This denial reason applies to HAFA and UP as well).
Q_ The total payment on the first mortgage (principal, interest, taxes, insurance, and association fees, if any) is less than 31% of
the borrower's monthly gross income. (This denial reason applies fo 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.)
Q Payment cannot 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).
Q_ Net Present Value Calculation does not favor modification. (If selected, denial reason must also be selected under HAFA and
UP).
Q_ The borrower received a previous modification under HAMP effective (date) and failed to comply or defaulted. (/f
selected, denial reason must also be selected under HAFA; but this denial reason applies to UP as well).
Q_ 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 must also be selected under HAFA; but this denial reason applies to UP as well).
Q_ Other (specify)
5.a.2. Specific to HAFA (Complete only if instructed above in sub-paragraph §.a.1.):
Q_ The borrower did not respond to HAFA solicitations.
Q_ The borrower communicated that the borrower was not interested in pursuing HAFA.
Q_ The borrower did not return the signed Short Sale Agreement.
Q_ The borrower did not obtain a contract for sale within the time permitted under the program.
Q_ 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.
2nd lien has a pre-modification scheduled monthly payment of less than $100.
2nd lien has already been modified under 2MP.
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)
coocooco
5.a.4. Specific to UP:
Q_No borrower was unemployed on the date UP was requested.
Q__No borrower will receive unemployment benefits in the month of the UP Forebearance Period Effective Date.
Q_ The borrower's delinquency exceeds 12 months of the borrower's scheduled monthly mortgage payment, and the servicer has.
not waived this requirement.
Q_ Other (specify)
5.b. With respect to the Federal Housing Administration (FHA), the United States Department of Veterans Affairs (VA), or the United States
o oOo oo
Department of Agriculture (USDA):
The loan is subject to one of the above-listed entities' loss mitigation programs and a review is pending at thistime.
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
all 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.)
Q__ Plaintiff or Plaintiff's servicer has not timely received all documentation necessary to complete a review for loss mitigation,
(Page 2 of 4)specifically: (if this box is checked, no other box under 5b needs to be checked.)
(List all documentation not timely received)
Q_ The borrower is showing a deficiency when comparing monthly debt to income. (If this box is checked, the applicable boxes
under FHA-HAMP, or VA-HAMP need to be checked as well.)
Q Property is non-owne ~“suinied MIF thie hav ie phanbarl mn athe taco ton rt 1) eked.)
1 Reverse Mortgage - no monthly payments and
Other (specify) as borrower is deceased > 34 Property no longer occupied
Also check all that apply under the following two sub-paragraphs (unless otherwise instructed above): |
5.b.1. Specific to FHA-HAMP:
Q Payment on the first mortgage is less than 31% of the current gross income.
Q_ Payment cannot be feasibly reduced to make it equal to 31% of the borrower's current gross income without exceeding the partial ;
claim limit. ‘
Q_ The borrower received a previous modification under FHA-HAMP and failed to comply or defaulted. |
Q_ Four full payments have not been made on the subject loan, :
Q_ The first payment due date from loan origination is less than 12 months ago.
Q_ Back-end ratio is greater than 55%.
Q_ The borrower qualified for a traditional home retention loss mitigation option but failed to sign and return the agreement or defaulted
on the same.
Q > Other.
5.b.2. Specific to VA-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 requiring excessive
forbearance.
Servicer has determined that foreclosure would be more advantageous to the VA than modification under VA-HAMP because:
(Specify)
o oo
Q_ The borrower qualified for a traditional home retention loss mitigation option but failed to sign and return the agreement or
defaulted on the same.
Q_ Other.
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 to 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. .
Q__ Plaintiff or Plaintiff's servicer has not received any response to solicitations for loss mitigation. !
Q 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)
!
(Page 3 of 4)h Other reasons for non-owner occupied property
Reverse Mortgage - no monthi
as borrower faeces onttly Payments and property no longer occupyed
1 Other reasons for owner occupied property
Check Only If Applicable:
6. (Complete 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).
7.1 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.
>
Signat Met
Assistant SéGrotary
Address where signed (Number, street, town, state, zip code)
2900 Esperanza Crossing, Austin, TX 78758
PbsclBOPERNNTEEAS
before me on:
NOV 0 4 2018
Date:
NOV 04 2013
Signed (Notary Public)
Lik Dub
JD-CL-114 Rev. 3-12
JUDITH L. PROBST
NOTARY PUBLIC
State of Texas
Comm, Exp, 04-30-2015
(Page 4 of 4)
Preview
AFFIDAVIT STATE OF CONNECTICUT Tederal Loss Mitigation Programs SUPERIOR COURT JD-CL-114 Rev. 3-12 www,jud.ct.gov Instructions 1. Prepare legibly. 2, — Submit the original to the clerk of court. Name of Case (Plaintiff v. Defendant) Docket Number OneWest Bank, FSB vs. THE WIDOWERS, HEIRS, AND/OR CREDITORS OF THE ESTATE OF DOROTHY M SHELTON, et al. Judicial District Address of Court (Number, Street and Town) Return Date Litchfield 15 West Street, Litchfield, CT 06759 Your Name (affiant) Rosa Olmos Fraire Address of property at issue (Number, street, town, state, zip code) 56 Greene Avenue, North Canaan, CT 06018 The undersigned, being duly sworn, hereby deposes and says: 1. lam over the age of eighteen years of age and believe in the obligations of an oath: 2. lamthe __AssistantSecretarv (ob title) of OneWest Bank, FSB (Plaintiff or Plaintiffs servicer) and am authorized to sign on behalf of OneWest Bank, FSB (Plaintiff or Plaintiff s servicer). 3, | am familiar with the business records and procedures of OneWest Bank, FSB (Plaintiff or Plaintiff s servicer) with respect to the mortgages that it owns and/or services. 4. Based on my review of the business records of OneWest Bank, FSB (Plaintiff or Plaintiff's servicer) and the account of the borrower (the word "borrower" includes any and all borrowers and mortgagors of the mortgage loan that is the subject of this case), | have specific knowledge of the loan secured by the mortgage 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): Q_ 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. ((f 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: Q_ The loan is eligible for review under the above programs and a review is pending at this time. Q_ The loan is not eligible for review under the above programs because (check all that apply and, if any box is checked, proceed to subparagraph 5b): Q_ The loan's servicer does not participate in MHA. Q_ The property is not owner-occupied, is vacant, is condemned, and/or has more than four units. Q_ The loan was originated on or after January 1, 2009. Q_ The unpaid principal balance of the loan prior to capitalization of any arrearages, fees, and other costs exceed the applicable limit: $729,750 for 1 unit; $934,200 for 2 units; $1,129,250 for 3 units; or $1,403,400 for 4 units. Q_ The loan's servicer does not have the contractual authority to modify the loan under MHA per investor guidelines. Q_ The loan is eligible for review under the above programs but the borrower does not qualify for the following reason(s) (check all that apply): Q_ 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: Q_ was unable to establish Right Party Contact (as defined under MHA Handbook Chapter II, Section 2.2.2, as amended from time to time). Q_ the borrower advised the Plaintiff or the Plaintiffs servicer that the borrower is not interested in participating in any of the above programs. Q_ Plaintiff or Plaintiff's servicer has not timely received all documentation necessary to complete a review for loss mitigation, specifically (check all that apply): (Page 1 of 4)Proof of current income, specifically. Completed IRS Form 4506-T or 4506T-EZ Dodd-Frank Certification Request for Modification and Affidavit Form Other: (specify) coooo If none of the above reasons for disqualification are checked, please check all that apply under the following four sub-paragraphs: §.a.1. Specific to HAMP: Q The subject loan is not a first mortgage loan. (This denial reason applies to HAFA and UP as well). Q_ The total payment on the first mortgage (principal, interest, taxes, insurance, and association fees, if any) is less than 31% of the borrower's monthly gross income. (This denial reason applies fo 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.) Q Payment cannot 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). Q_ Net Present Value Calculation does not favor modification. (If selected, denial reason must also be selected under HAFA and UP). Q_ The borrower received a previous modification under HAMP effective (date) and failed to comply or defaulted. (/f selected, denial reason must also be selected under HAFA; but this denial reason applies to UP as well). Q_ 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 must also be selected under HAFA; but this denial reason applies to UP as well). Q_ Other (specify) 5.a.2. Specific to HAFA (Complete only if instructed above in sub-paragraph §.a.1.): Q_ The borrower did not respond to HAFA solicitations. Q_ The borrower communicated that the borrower was not interested in pursuing HAFA. Q_ The borrower did not return the signed Short Sale Agreement. Q_ The borrower did not obtain a contract for sale within the time permitted under the program. Q_ 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. 2nd lien has a pre-modification scheduled monthly payment of less than $100. 2nd lien has already been modified under 2MP. 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) coocooco 5.a.4. Specific to UP: Q_No borrower was unemployed on the date UP was requested. Q__No borrower will receive unemployment benefits in the month of the UP Forebearance Period Effective Date. Q_ The borrower's delinquency exceeds 12 months of the borrower's scheduled monthly mortgage payment, and the servicer has. not waived this requirement. Q_ Other (specify) 5.b. With respect to the Federal Housing Administration (FHA), the United States Department of Veterans Affairs (VA), or the United States o oOo oo Department of Agriculture (USDA): The loan is subject to one of the above-listed entities' loss mitigation programs and a review is pending at thistime. 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 all 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.) Q__ Plaintiff or Plaintiff's servicer has not timely received all documentation necessary to complete a review for loss mitigation, (Page 2 of 4)specifically: (if this box is checked, no other box under 5b needs to be checked.) (List all documentation not timely received) Q_ The borrower is showing a deficiency when comparing monthly debt to income. (If this box is checked, the applicable boxes under FHA-HAMP, or VA-HAMP need to be checked as well.) Q Property is non-owne ~“suinied MIF thie hav ie phanbarl mn athe taco ton rt 1) eked.) 1 Reverse Mortgage - no monthly payments and Other (specify) as borrower is deceased > 34 Property no longer occupied Also check all that apply under the following two sub-paragraphs (unless otherwise instructed above): | 5.b.1. Specific to FHA-HAMP: Q Payment on the first mortgage is less than 31% of the current gross income. Q_ Payment cannot be feasibly reduced to make it equal to 31% of the borrower's current gross income without exceeding the partial ; claim limit. ‘ Q_ The borrower received a previous modification under FHA-HAMP and failed to comply or defaulted. | Q_ Four full payments have not been made on the subject loan, : Q_ The first payment due date from loan origination is less than 12 months ago. Q_ Back-end ratio is greater than 55%. Q_ The borrower qualified for a traditional home retention loss mitigation option but failed to sign and return the agreement or defaulted on the same. Q > Other. 5.b.2. Specific to VA-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 requiring excessive forbearance. Servicer has determined that foreclosure would be more advantageous to the VA than modification under VA-HAMP because: (Specify) o oo Q_ The borrower qualified for a traditional home retention loss mitigation option but failed to sign and return the agreement or defaulted on the same. Q_ Other. 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 to 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. . Q__ Plaintiff or Plaintiff's servicer has not received any response to solicitations for loss mitigation. ! Q 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) ! (Page 3 of 4)h Other reasons for non-owner occupied property Reverse Mortgage - no monthi as borrower faeces onttly Payments and property no longer occupyed 1 Other reasons for owner occupied property Check Only If Applicable: 6. (Complete 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). 7.1 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. > Signat Met Assistant SéGrotary Address where signed (Number, street, town, state, zip code) 2900 Esperanza Crossing, Austin, TX 78758 PbsclBOPERNNTEEAS before me on: NOV 0 4 2018 Date: NOV 04 2013 Signed (Notary Public) Lik Dub JD-CL-114 Rev. 3-12 JUDITH L. PROBST NOTARY PUBLIC State of Texas Comm, Exp, 04-30-2015 (Page 4 of 4)