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AMID T. BAHADORI (SBN 242351)
:BAHADORI LAW GROUP, PC
2 Park Plaza, Suite 450
Fl L ED
Irvine, CA
92614
Tel: (949)954-8164 APR - 3 2018
Fax: (949) 954-8163
ATB@Bahadorilaw.com ‘ _ H, h
Attorneys for Plaintiff Emdadur Khan
RA
SUPERIOR COURT OF STATE OF CALIFORNIA
COUNTY OF
8?? C#AQRQ
EMDADUR KHAN, C SE NO: 17CV312983
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. PLAINTIFF’S Ex PARTE APPLICATION
Pl am".ff
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FOR A TEMPORARY RESTRAINING
vs. ORDER AND ORDER T0 SHOW CAUSE
12 RE: PRELIMINARY INJUIgCTI%N6
SPECIALIZED LOAN SERVICING MEMORANDUM 0F POINT A
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LLC, a Delaware C01porat10n, QUALITY
. AUTHORITIES;
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DECLARATION OF
EMDADUR KHAN. DECLARATION OF
14 LOAN SERVICING CORP.’ and DOCS AMID T. BAHAbORI RE NOTICE;
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through 10, inclusive [PROPOSED] ORDER
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Defendants Date: 4/3/18
16 Time: 8:15 a.m.
Dept: 9
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21 TO THE DEFENDANTS AND TO THEIR ATTORNEYS OF RECORD:
22 PLAINTIFF EMDADUR KHAN (hereinafter “Plaintiff”) will and hereby does apply to
23 this Court ex pane for a temporary restraining order and for an order requiring Defendants to
24 Show Cause why a preliminary injunction should not issue pending trial in this action, enjoining
25 Defendants and their employees, agents, and persons acting with them 0r on their behalf from
26 conveying, transferring, or selling the subject real property located at 5942 Foligno Way, San
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Jose, CA 95138. Plaintiff will suffer irreparable harm if relief is not granted on an ex parte basis
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and before a regularly—noticed motion can be heard.
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EX PARTE APPLICATION
This application is made pursuant to the provisions of Code of Civil Procedure section
527 on the ground that Plaintiff will suffer irreparable injury if the Defendants are not enjoined
from conveying, transferring, or selling the subject property t0 a third party without knowledge
0f this litigation. The trustee’s sale is to be held on April 4, 2018. Plaintiff has good faith claims
contained in his complaint and will suffer irreparable damage if Defendants are not enjoined
from transfer 01' sale of said property.
Plaintiff has a good faith basis for bringing this ex parte application and is likely to
prevail 0n his claims in this action. If Plaintiff is deprived of the right to litigate this matter while
Defendants are enjoined from transfer or sale of the subject propefly, Plaintiff will suffer the loss
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ofhis primary residence.
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This application is based upon this Notice, the accompanying Memorandum of Points
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and Authorities, the attached declaration of Emdadur Khan, the Declaration of Amid T. Bahadori
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re: Notice, all of the records and files in this action, those matters which are subject to judicial
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notice, and such oral and documentary evidence as may be presented at or before the hearing on
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this application.
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Dated: April 2, 201 8 BAHADORI LAW GROUP, LLP
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By-
AMID T.
:Thfi
fiHADORI
Attorney for Plaintiffs
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EX PARTE APPLICATION
MEMORANDUM OF POINTS AND AUTHORITIES
I. INTRODUCTION
Plaintiff herein repeats and incomorates each and every paragraph above as though fully set
forth herein. Plaintiff purchased the PROPERTY on or about December 18, 1995 for valuable
consideration through a mortgage obtained from NORTH AMERICAN MORTGAGE for
approximately Four Hundred Ninety-Four Thousand and Two Hundred Dollars. He currently
resides therein as his principal residence.
Thereafter, Plaintiff refinanced the loan with various lenders from about 1998 through 2005,
including a September 22, 2005 refinance through METROCITI MORTGAGE, LLC in the
10 amount of One Million Two Hundred Fifty One Thousand and Two Hundred Fifty Dollars
11 “$ 1 ,25 1 ,250.00”) (“Note”).
12 Plaintiff stayed current on the Note until 2009 when Plaintiff experienced a significant loss of
13 income because of a major drop 0f business. He reluctantly fell behind on the Note at that time
14 which caused him to seek loss mitigation through his then servicer, EMC.
15 From 2010 through 2012, Plaintiff worked directly with EMC and JP MORGAN CHASE
16 BANK, N.A. (“CHASE”) to modify his loan, which began a long run with EMC and CHASE in
17 which these servicers repeatedly asked for the same documentation and information, losing
18 documents eveiy time they were provided and simply “closing” the file without decision.
19 On or about October 2015, while Plaintiff was in review for a loan modification with
20 CHASE, the servicing rights were transferred to SLS, which resulted in SLS failing to carry out
21 the open loan modification application, thus referring it for a foreclosure sale to be conducted by
22 QUALITY, the foreclosure trustee. Despite multiple attempts to modify the loan, SLS has
23 denied the modification without any basis even though Plaintiff’s income meets the modification
24 criteria. Specifically, SLS has claimed that Plaintiff’s income was not high enough but once
25 Plaintiffmeets the income threshold, SLS again moves the target without any plausible rhyme or
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27 Plaintiff appeared for deposition in this matter and went through the history and
28 documentation regarding his loan modification attempts with Defense counsel and it became
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EX PARTE APPLICATION
clear that Plaintiff had been submitting and re-submitting documents for a number of years,
increasing income through contributions as required but still ending up with the same
determination. From the evaluation of the documents, it became clear that Defendant has not
properly calculated Plaintiff’s income in that they would treat the contributions that Plaintiff
received from his children as gross income even though that contribution was truly net as it was
not taxed. Calculations such as these led Plaintiff t0 determine that Defendant has not been
evaluating Plaintiffin good faith for a loan modification.
Most recently, Plaintiff submitted a new application for loan modification in January 2018
reflecting a change in financial circumstances (increased income that would help him obtain a
10 modification) and received a letter of receipt/confirmation from Defendant indicating that
11 Plaintiff is still in the process of a pending loan modification. Please see attached to Declaration
12 of Amid T. Bahadori as Exhibit l, a true and correct copy of correspondence from SLS dated
13 1/19/18. At this point, plaintiff’s modification is still pending, however, Defendant is dual
14 tracking a foreclosure and is attempting to sell Plaintiff’s house on 4/4/ 18 in contravention of the
15 CA Homeowner Bill 0f Rights (as updated in 20 1 8). Plaintiff respectfully requests that this court
16 issue Temporary Restraining Order blocking said sale and setting the matter for an OSC re:
17 Preliminary Injunction.
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19 II. LEGAL AUTHORITY
20 A. PLAINTIFF’S REQUEST FOR A TEMPORARY RESTRAINING ORDER
21 MAY BE GRANTED BEFORE MATTER IS HEARD ON NOTICE.
22 A Temporary Restraining Order may be granted where the applicant shows that “great or
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irreparable injury will result to the applicant before the matter is heard on notice” and the
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applicant has, within a reasonable time prior to the application, informed the opposing party or
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opposing party’s counsel of the time and location when the application will be made. (See C.C.P.
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§527 (c).) The concept of notice under Code of Civil Procedure section 527 is satisfied when
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defendant is told when and where Plaintiff will apply for relief. (Hewlett v. Squaw Valley Ski
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Corp, (1997) 54 CA.4”‘ 499, 534.) Because the threat of irreparable harm, a Temporary
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EX PARTE APPLICATION
Restraining Order may be sought by way of ex parte application. (See C.C.P. §527(c)(2).) As
demonstrated by the Declaration of Amid T. Bahadori, the requisite notice was provided to the
Defendants in this matter, as required by California Rule of Court 3. 1204.
Granting a preliminary injunction requires consideration of two key factors: (l) the
likelihood that Plaintiff will prevail on the merits, and (2) the interim harm that Plaintiff is likely
to sustain if the injunction is denied as compared to the harm the defendant is likely to suffer if
the injunction is granted. (14859 Moorpark Homeownser’s Assn v. VRT C0rp., (1998) 63 Cal.
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App. 1396, 1402.) The more likely it is that Plaintiff will ultimately prevail, the less severe the
irreparable injury that needs to be alleged to secure the issuance of a preliminary injunction. (Id._
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at 1407.)
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Here, Plaintiff’s claim for a preliminary injunction is based on the grounds that if
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Defendant is able to proceed forward with the scheduled trustee’s sale, that Plaintiff will suffer
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irreparable damage by losing his primary residence where he resides with his family. Plaintiff
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seeks to maintain the status quo while the underlying suit proceeds fowvard regarding the failure
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of Defendants to honor their representations that Plaintiff was and is currently being evaluated to
17 modify the underlying mortgage. (Continental Baking C0. v. Katz (1968) 68 C.2d 512, 528.)
18 B. PLAINTIFF HAS ESTABLISHED THE PROBABLE VALIDITY OF HIS
19 CLAIMS AGAINST DEFENDANTS INCLUDING VIOLATION OF THE
20 CALIFORNIA HOMEOWNERS BILL OF RIGHTS.
21 Plaintiff has established the probable validity of his claims by showing (1) that he is the
22 owner of the subject Property which is his primary dwelling, subject t0 a Deed ofTrust. Plaintiff
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applied for a loan modification with Defendant and Defendant’s predecessors and has diligently
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provided documents to support the granting of a modification. From the outset, Plaintiff was
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assured that his house was not in foreclosure and would not be in foreclosure while the loan
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modification application was being processed. The loan modification process is still ongoing as
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of this date and Plaintiff has made every effort to comply with SLS’ demands for documents. As
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of April 2, 2018, Plaintiff‘s loan modification is still pending with SLS and has neither been
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EX PARTE APPLICATION
granted nor rejected. (Id.) This dual tracking that SLS is doing is in violation 0f the Cal Civil
Code Sections 2923.5, et seq., also known as the California Homeowner Bill of Rights, which
prohibits dual tracking 0f homeowners’ loans where a foreclosure is still pursued despite a
pending loan modification evaluation. In the instant case, Plaintiff never received a
determination in response t0 his appeal to modification that he submitted but the bank is still
foreclosing. This dual tracking is in violation of California law and provides a basis for which
this TRO should be granted. Moreover, Defendant’s dual tracking is part of a pattern where they
have continued to keep foreclosure sale dates pending while Plaintiff has been in an active loan
modification evaluation. Plaintiff was essentially forced into this position because not only has
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Defendant failed to properly process Plaintiff’s loan modification applications but it has also
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refused t0 accept a short sale evaluation, simply stating that Defendant is not interested in
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evaluating Plaintiff for a short-sale.
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A claim has probable validity where “it is more likely than not that Plaintiff will obtain a
judgment against the Defendant on that claim.” (Code 0f Civil Procedure section 481.190.)
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Plaintiff has provided sufficient evidence through the declaration attached herewith t0 support
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17 the probable validity of his claims.
18 C. DEFENDANT’S SALE TO A THIRD PARTY WILL RENDER ANY
19 JUDGMENT IN THIS CASE INEFFECTUAL.
20 An injunction may be granted in the following when it appears, during the litigation, that
21 a party to the action procuring or suffering to be
is doing, 0r threatens, or is about to do, or is
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done, some act in Violation of the rights of another party to the action respecting the subject
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action, and tending to render the judgment ineffectual. (See C.C.P. §526(a)(3).) Plaintiff would
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suffer great irreparable injury if the application for preliminary injunction is not granted as he
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will lose his property and her primary residence where he resides with his family to a third paITy
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while this action is pending, which would render any further judgment in this matter ineffectual.
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EX PARTE APPLICATION
D. THE HARM T0 PLAINTIFF IF THE TEMPORARY RESTRAINING
ORDER IS DENIED OUTWEIGHS THE HARDSHIP TO THE
DEFENDANTS IF THE TEMPORARY RESTRAINING ORDER ARE
GRANTED.
An injunction may be granted when it appears by the complaint or affidavits that the
commission or continuance of some act during the litigation would produce waste, 0r great or
irreparable injury, to a party to the action.” (See C.C.P. §526(a)(2).) Plaintiff is the injured party
in this case as he is at risk of losing his home due to Defendant’s improper and invalid foreclose
on the property. Defendant has failed to properly comply with the requirements of Califomia
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Civil Code section 2924 et seq., and intentionally misrepresented to Plaintiff that it in good faith
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evaluate Plaintiff for a loan modification, thereby halting all foreclosure on the property pending
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Plaintiff‘s application for a loan modification. Plaintiff, in reliance on these representations by
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Defendant, took great time and expense to submit all required documents for loan modification
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and as a result did not take any further legal action to protect his property. The loan modification
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process continues t0 this day, and yet Defendant is proceeding with foreclosure, contrary to their
17 representations. ln addition, Defendant refuses to even evaluate Plaintiff for a short-sale as an
18 alternate means of loss mitigation as required by CA law.
19 Allowing Defendants to foreclose on the property, contrary to the letter and spirit of the
20 CA Homeowner Bill of Rights, would result in irreparable harm to Plaintiff as he would lose his
21 home and potential equity in the property if sold at a foreclosure sale. Money damages cannot
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remedy this harm. On the other hand, Defendants would only risk losing a nominal amount of
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time and money while this matter proceeds forward to trial. would
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result in great hann to the Plaintiff, and the defendants would suffer little harm if it were granted,
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then it is an abuse of discretion to fail to grant the preliminaiy injunction.” (Robbins v. Sup. Ct.
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County ofSacramento (1985) 38 C.3d 199, 206.) Therefore, Plaintiff respectfully requests that
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this Court grant the temporary restraining order as the potential damage to Plaintiff far exceeds
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the nominal damages that Defendants may incur.
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EX PARTE APPLICATION
E. IMMEDIATE AND IRREPARABLE HARM WILL COME TO
PLAINTIFF IF RELIEF IS NOT GRANTED ON AN EX PARTE BASIS.
Pursuant to California Rule of Court 3.1202(c):
An applicant must make an affirmative factual showing in a
declaration containing competent testimony based on personal
knowledge of irreparable haml, immediate danger, or any other
statutory basis for granting relief ex parte.
Plaintiff seeks a temporary restraining order on ex parte basis based upon the fact that he
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will suffer irreparable injury if the Defendants are not enjoined from conveyance 0r sale of the
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subject property. If this request is denied, Plaintiff will lose his property and home, which he will
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never be able to get back if the trustee’s sale is allowed to go forward on April 4, 2018.
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III. CONCLUSION
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Based on the foregoing, Plaintiff respectfully requests that a temporary restraining order
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be issued preventing Defendants from conveyance, sale or transfer 0f the property described
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above. The Court should keep the status quo and enjoin the trustee’s sale.
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Dated: April 2, 2018 BAHADORI LAW GROUP, PC
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By: : Sh“
AMID T. BAHADORI
Attorneys for Plaintiff
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EX PARTE APPLICATION
DECLARATION OF AMID T. BAHADORI
I, AMID T. BAHADORI, hereby declare as follows:
l. I am an attorney licensed to practice before the courts of the state of California and
attorney of record for the Plaintiff in the above-referenced matter.
2. If called to testify, I could and would competently testify to the foregoing facts which
are of my own personal knowledge.
3. Pursuant to California Rule of Court 3.1 150, I have given notice to each and every
Defendant as described below.
1O 4. On April 2, 2018 at 9:28a I called counsel for Defendant Specialized Loan Servicing,
11 LLC as well as sent an e-mail, informing that Plaintiff would be appearing Ex Parte in
12 Department 9 of the Santa Clara Superior Court located at 191 N. l“ Street, San Jose, CA 951 13
13 at 8:15a to seek a temporary restraining order blocking the sale 0f the Plaintiff’s home on 4/4/1 8.
14 Counsel advised that he would appear to oppose the motion.
15 5. On April 2, 2018 at 9:41a I called defendant Quality Loan Service Corporation at
16 619.645.7711 and spoke to Shawn Waters, informing that Plaintiff would be appearing Ex Part6
17 in Department 9 of the Santa Clara Superior Court located at 191 N. 15‘
Street, San Jose, CA
18 95 l l3 at 8:15a to seek a temporary restraining order blocking the sale of the Plaintiff‘s home on
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20 6. Attached hereto as Exhibit 1 is a true and correct copy of a letter from Defendant
21 Specialized Loan Servicing, LLC indicating that Plaintiff’s loan modification application has
22 been received and that if there are any further documents needed then Plaintiff would be notified.
23 7. I have not received any rejection, acceptance or further request for information from
24 Defendant regarding Plaintiff’s loan modification application.
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EX PARTE APPLICATION
I declare under penalty of perjury under the laws of the State of California that the
foregoing is true and correct. Executed this 2nd day of April 201 8 at Irvine, California.
:fl
Amid fiahadori, DECLARANT
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EX PARTE APPLICATION
DECLARATION OF EMDADUR KHAN
I, EMDADUR KHAN, declare as follows:
1. I am the Plaintiff in the above-referenced matter.
2. If called to testify, I would and could competently testify to the following facts, which
are ofmy own personal knowledge:
3. I am the owner and resident of the subiect property located at 5942 Foligno Wav. San
Jose, CA 95 138 where I live as mv primarv residence.
4. I have been attempting to obtain a loan modification from Defendant Specialized Loan
Servicing, LLC (“SLS”) for a few years now and have submitted loan modification applications
10 when my financial status has changed such that I believe my income would help me qualify for a
11 loan modification.
12 5. Most recently, in January 2018 I submitted a full loan modification application to SLS
13 after being invited t0 do so.
14 have been following up with Defendant regarding
6. I this modification application since
15 January 2018 and have been informed each time by SLS’ representatives that my application is
16 still pending and that no decision has been reached.
17 7. On Friday, March 30, 201 8 I spoke to a representative at SLS who informed me that if
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my application was not granted before the sale date scheduled for 4/4/18 then they would go
19 ahead and sell the property even though my modification is still pending evaluation.
20 8. I have not received a determination on my modification application as of April 2, 2018
21 but my property is still scheduled to be sold on April 4, 2018.
22 9. It appears to me that SLS is dual tracking my modification with the foreclosure sale
23 even though my application is complete per my discussions with SLS’ representatives and n0
24 determination has been made.
25 10. I stand to lose substantial equity in the property if it is sold at a foreclosure sale.
26 11. I am respectfully requesting this Couit to issue a temporary restraining order
27 blocking the sale of the property on April 4, 2018.
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EX PARTE APPLICATION
California that the foregoing is true and correct. Executed this 2nd day 0f April 2018 at
San Jose, Califomia.
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Eth-B‘Uy KHA‘ITI, DECLARANT
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EX PARTE APPLICATION
EXHIBIT 1
Specialized Loan
Serwcmg
Part ol the Computershare Group
8742 Lucem Boulevard, Suite 300, Highlands Ranch, co 80129 T 800 306 6062 F 877 87s 0981
01/19/201 8
EMDADUR KHAN RE: Loan Number: 101 1207385
Property Address:
BAHADORI LAW GROUP 2 PARK PLAZA STE 450 5942 FOLIGNO WAY
IRVINE, CA 92614 SAN JOSE. CA 951 38
Dear EMDADUR KHAN,
Specialized Loan Servicing LLC (“SLS”) is in receipt of your request for assistance.
We have received your request documents you've submitted. We are
for assistance including the additional
currently in the process of reviewing your documentation. determine the application to be incomplete or
If we
need additional clarification. we may contact you or send you an additional notice. Please read the rest of this
notice for important information regarding our documentation requirements and the review process.
If you have received this letter and there are less than 37 days until a scheduled sale, please call us immediately
at 1-800-306-6059 to discuss your options.
Additional Documentation Submission Information:
o If not already please write your loan number on each page of the documents you submit
listed.
- A detailed description of each required document can be found in the document index attached with this
letter
o Please review and confirm that you have provided all documentation to support your hardship
and income claimed
o In addition to the above referenced core documents, documentation will be needed to validate
your hardship and financial situation
o Please refer to your Request for Mortgage Assistance Form (RMA) for all documents
required to complete your application
o Proof of Income must be provided for all borrowers and non-borrower contributors
o A non—borrower contributor is defined as a person who resides in the property and one who
contributes to household income. but is not listed as a borrower on the loan
o Income documentation should be dated within the last 90 days
o If you are an educational professional, please disclose your pay schedule
o Ex: annual salary paid over 12 months or number of months based on actual school year worked
or provide copy of your contract
o You are not required to disclose child support, alimony. or separation maintenance income unless you
choose to have it considered by your servicer
o Ifyou are claiming rental income. you must include all current mortgage statements, tax statements,
homeowner’s insurance statement. and Homeowners Association (HOA) statements where applicable for
all rental properties
Specialized Loan
SerVIcmé
Part of the Computershare Group
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8742 Lucen: Boulevard. Suite 300, Highlands Ranch, CO 80129 T 800 306 6062 F 877 875 0981
o If you are delinquent on your current Homeowner’s insurance. please provide any additional statements
detailing the total amount due where applicable
o Please provide 2 current consecutive months of bank statements for all borrowers to support proof of all
income claimed on the Request for Mortgage Assistance Form (RMA)
Any additional or revised documentation may be provided via one of the following:
8742 Lucent
Suite 300,
Highlands Ranch,
Blvd.
CO 80129
“8"7-8'98-5-01
"$23113: 5:25
pages)
.
mm www.sls.net
Please read the following section carefully to understand what you can expect from this process:
o Once we receive a complete application and verify your information. we will determine whether you
qualify for a mortgage relief option
o Please note that it may take up to 30 days for us to review your complete application
o We will process your request as quickly as possible
o If this is you have had a qualifying change in circumstance and you submit a
your first review or if
complete loss mitigation application and SLS has not made a first notice or filing required by
applicable law for any judicial or non-judicial foreclosure process SLS will nol initiate foreclosure
proceedings as permitted by applicable law or investor guidelines
lf this is your first review within this delinquency and you submit a complete loss
o mitigation
application after a SLS has made the first notice or filing required by applicable law for any
judicial or non-judicial foreclosure process but more than 37 days before a foreclosure sale. SLS
will not move for foreclosure judgment or order of sale, or conduct a foreclosure sale as permitted
by applicable law or investorguidelines
o As permitted by applicable law or investor guidelines, if SLS has already moved for a foreclosure
judgment or order of sale prior to receiving a completed application but more than 37 days before
a foreclosure sale. take reasonable steps, such as requesting the court delay the
SLS will
consideration of the motion. to avoid a ruling on such a motion until SLS has completed the loss
mitigation evaluation, however, there is no guarantee that we will be able to postpone a
sale, because a court with jurisdiction over the foreclosure proceeding (if any) or public
scheduled
charged with carrying out the sale may not agree to halt the scheduled sale
official
o If you are approved for a mortgage relief option, a foreclosure sale as permitted by applicable law or ,
investor guidelines, will not occur if you continue to honor the terms of the Agreement
o If you fail to comply with the terms of the Agreement and do not make other arrangements with
us. your loan will be enforced according to its original terms
- lf you qualify for a Trial Period Plan that may result in a permanent modification of your loan. we will send
you a Trial Period Plan with a cover letter explaining the Trial Period Plan
o Youwill have 14 days from the date of receipt to accept the Trial Plan offer
o Under the Trial Period Plan, you will be required to make trial period payments, instead of your
regular mortgage loan payments
o The trial period payments should be close to the amount you would pay under a modification
Specialized Loan
Servucmg
Part o! the Computershare Group
8742 Lucent Boulevard, Suite 300, Highlands Ranch, CO 80129 T 800 306 6062 F 877 875 0981
o Near the end of the trial period. we will be able to calculate the final amount and the final terms of
your modified loan
We will then provide you with copies of the modification agreement for your signature
o You will need to sign, notarize and return the Modification Agreement to us promptly
o Once the Modification Agreement becomes effective, we will modify your loan
o We encourage you to continue to make the trial payments until the modification is finalized
o Consider contacting the servicers of any other loans secured by the same property to discuss loss
mitigation options
o In addition, if you are currently in a bankruptcy proceeding, approval of any mortgage relief option for
which you may be eligible is contingent on approval of the bankruptcy court in your bankruptcy case
o If we estimate the current value of your home as part of our review of your request for mortgage
assistance, we'll send you a copy of the appraisal or valuation
lfyou have questions concerning this letter or need further assistance. you may contact me or our Customer
Resolution Department at 1-800-306-6059 Monday through Friday. 7:00 a.m. until 7:00 p.m. MT. SLS accepts
calls from relay services on behalf of hearing impaired borrowers.
Ifyou have other questions about mortgage relief options that cannot be answered by Specialized Loan Servicing
LLC (“SLS”), you may contact HUD at 1-800-569-4287 or contact a HUD approved counselor at
http://www.hud.qov/officeslhsq/sfh/hcc/fcl. HUD sponsors housing counseling agencies throughout the country to
provide free or low cost advice. For additional contact information for housing counselors you may also contact
the Consumer Financial Protection Bureau at httQ:I/www.consumemnance.aov/monngehelp.
Sincerely.
Michelle (TellerlD: 11088)
Customer Resolution Department
Specialized Loan Servicing LLC
PLEASE SEE IMPORTANT DISCLOSURES ON THE FOLLOWING PAGE
Specialized Loan
germang
Part of the Computershare Group
8742 Lucent Boulevard, Suite 300, Highlands Ranch. CO 80129 T 800 306 6062 F 877 875 0981
SPECIALIZED LOAN SERVICING LLC IS REQUIRED BY FEDERAL LAW TO ADVISE YOU THAT THIS
COMMUNICATION IS FROM A DEBT COLLECTOR.
BANKRUPTCY NOTICE - IF YOU ARE A CUSTOMER IN BANKRUPTCY 0R A CUSTOMER WHO HAS
RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT: PLEASE BE ADVISED THAT THIS NOTICE IS TO
INFORM YOU 0F THE STATUS OF THE MORTGAGE SECURED BY THE SUBJECT PROPERTY. THIS
NOTICE CONSTITUTES NEITHER A DEMAND FOR PAYMENT NOR A NOTICE 0F PERSONAL LIABILITY
TO ANY RECIPIENT HEREOF, WHO MIGHT HAVE RECEIVED A DISCHARGE OF SUCH DEBT IN
ACCORDANCE WITH APPLICABLE BANKRUPTCY LAWS OR WHO MIGHT BE SUBJECT T0 THE
AUTOMATIC STAY OF SECTION 362 OF THE UNITED STATES BANKRUPTCY CODE. IF YOU RECEIVED A
DISCHARGE OF THE DEBT IN BANKRUPTCY. WE ARE AWARE THAT YOU HAVE NO PERSONAL
OBLIGATION TO REPAY THE DEBT. WE RETAIN THE RIGHT TO ENFORCE THE LIEN AGAINST THE
COLLATERAL PROPERTY, WHICH HAS NOT BEEN DISCHARGED IN YOUR BANKRUPTCY, IF ALLOWED
BY LAW AND/OR CONTRACT. IF YOU HAVE QUESTIONS. PLEASE CONTACT US AT 1-800-306-6057.
The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants
on the basis of race, color, religion, national origin, sex, marital status, or age (provided that the applicant
has the capacity to enter into a binding contract); because all or part of the applicant’s income derives
from any public assistance program; or because the applicant has in good faith exercised any right under
the Consumer Credit Protection Act. The federal agency that administers compliance with this law
concerning this creditor is Bureau of Consumer Financial Protection, 1700 G Street NW., Washington DC,
20006 or Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave. NW,
Washington, DC 20580.
Specialized Loan Servicing LLC (the servicer for this loan) is regulated by the Bureau of Consumer Financial
Protection, 1700 G Street NW.. Washington DC 20006 and the Federal Trade Commission. Equal Credit
Opportunity, Washington, DC 20580.
Important Notice To Servicemembers And Their Dependents
If you or any occupant of your home are or recently were on active duty or active service, you may be eligible for
benefits and protections under the federal Servicemembers Civil Relief Act (SCRA). This includes protection from
foreclosure or eviction. You may also be eligible for benefits and protections under state law or investor policy.
SCRA and state Military benefits and protections also may be available if you are the dependent of an eligible
Servicemember.
Eligible service may include:
o Active duty with the Army. Navy, Air Force, Marine Corps, or Coast Guard. or
Active service as a commissioned officer of the National Oceanic and Atmospheric Administration. or
Active service as a commissioned officer of the Public Health Service, or
Service with the forces of a nation with which the United States is allied in a war or Military action, or
Service with the National Guard of a state militia under a state call of duty. or
Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause.
For more information, please call SLS at 1-800-306-6059.
NOTICES OF ERROR AND REQUESTS FOR INFORMATION (INCLUDING QUALIFIED WRITTEN
REQUESTS), MUST BE SUBMITTED IN WRITING TO: SPECIALIZED LOAN SERVICING LLC, P.O. BOX
Specialized Loan
Servmmg
Part o! the Computershare Group
8742 Lucent Boulevard, Suite 300, Highlands Ranch, CO 80129 T 800 306 6062 F 877 87S 0981
630147, LITTLETON, CO 80163-0147
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AMID T. BAHADORI (SBN 242351) :BAHADORI LAW GROUP, PC 2 Park Plaza, Suite 450 Fl L ED Irvine, CA 92614 Tel: (949)954-8164 APR - 3 2018 Fax: (949) 954-8163 ATB@Bahadorilaw.com ‘ _ H, h Attorneys for Plaintiff Emdadur Khan RA SUPERIOR COURT OF STATE OF CALIFORNIA COUNTY OF 8?? C#AQRQ EMDADUR KHAN, C SE NO: 17CV312983 10 . PLAINTIFF’S Ex PARTE APPLICATION Pl am".ff 11 FOR A TEMPORARY RESTRAINING vs. ORDER AND ORDER T0 SHOW CAUSE 12 RE: PRELIMINARY INJUIgCTI%N6 SPECIALIZED LOAN SERVICING MEMORANDUM 0F POINT A 13 - LLC, a Delaware C01porat10n, QUALITY . AUTHORITIES; . ’ DECLARATION OF EMDADUR KHAN. DECLARATION OF 14 LOAN SERVICING CORP.’ and DOCS AMID T. BAHAbORI RE NOTICE; 1 through 10, inclusive [PROPOSED] ORDER 15 Defendants Date: 4/3/18 16 Time: 8:15 a.m. Dept: 9 17 18 19 20 21 TO THE DEFENDANTS AND TO THEIR ATTORNEYS OF RECORD: 22 PLAINTIFF EMDADUR KHAN (hereinafter “Plaintiff”) will and hereby does apply to 23 this Court ex pane for a temporary restraining order and for an order requiring Defendants to 24 Show Cause why a preliminary injunction should not issue pending trial in this action, enjoining 25 Defendants and their employees, agents, and persons acting with them 0r on their behalf from 26 conveying, transferring, or selling the subject real property located at 5942 Foligno Way, San 27 Jose, CA 95138. Plaintiff will suffer irreparable harm if relief is not granted on an ex parte basis 28 and before a regularly—noticed motion can be heard. 1 EX PARTE APPLICATION This application is made pursuant to the provisions of Code of Civil Procedure section 527 on the ground that Plaintiff will suffer irreparable injury if the Defendants are not enjoined from conveying, transferring, or selling the subject property t0 a third party without knowledge 0f this litigation. The trustee’s sale is to be held on April 4, 2018. Plaintiff has good faith claims contained in his complaint and will suffer irreparable damage if Defendants are not enjoined from transfer 01' sale of said property. Plaintiff has a good faith basis for bringing this ex parte application and is likely to prevail 0n his claims in this action. If Plaintiff is deprived of the right to litigate this matter while Defendants are enjoined from transfer or sale of the subject propefly, Plaintiff will suffer the loss 10 ofhis primary residence. 11 This application is based upon this Notice, the accompanying Memorandum of Points 12 and Authorities, the attached declaration of Emdadur Khan, the Declaration of Amid T. Bahadori 13 re: Notice, all of the records and files in this action, those matters which are subject to judicial 14 notice, and such oral and documentary evidence as may be presented at or before the hearing on 15 this application. 16 17 Dated: April 2, 201 8 BAHADORI LAW GROUP, LLP 18 19 20 By- AMID T. :Thfi fiHADORI Attorney for Plaintiffs 21 22 23 24 25 26 27 28 2 EX PARTE APPLICATION MEMORANDUM OF POINTS AND AUTHORITIES I. INTRODUCTION Plaintiff herein repeats and incomorates each and every paragraph above as though fully set forth herein. Plaintiff purchased the PROPERTY on or about December 18, 1995 for valuable consideration through a mortgage obtained from NORTH AMERICAN MORTGAGE for approximately Four Hundred Ninety-Four Thousand and Two Hundred Dollars. He currently resides therein as his principal residence. Thereafter, Plaintiff refinanced the loan with various lenders from about 1998 through 2005, including a September 22, 2005 refinance through METROCITI MORTGAGE, LLC in the 10 amount of One Million Two Hundred Fifty One Thousand and Two Hundred Fifty Dollars 11 “$ 1 ,25 1 ,250.00”) (“Note”). 12 Plaintiff stayed current on the Note until 2009 when Plaintiff experienced a significant loss of 13 income because of a major drop 0f business. He reluctantly fell behind on the Note at that time 14 which caused him to seek loss mitigation through his then servicer, EMC. 15 From 2010 through 2012, Plaintiff worked directly with EMC and JP MORGAN CHASE 16 BANK, N.A. (“CHASE”) to modify his loan, which began a long run with EMC and CHASE in 17 which these servicers repeatedly asked for the same documentation and information, losing 18 documents eveiy time they were provided and simply “closing” the file without decision. 19 On or about October 2015, while Plaintiff was in review for a loan modification with 20 CHASE, the servicing rights were transferred to SLS, which resulted in SLS failing to carry out 21 the open loan modification application, thus referring it for a foreclosure sale to be conducted by 22 QUALITY, the foreclosure trustee. Despite multiple attempts to modify the loan, SLS has 23 denied the modification without any basis even though Plaintiff’s income meets the modification 24 criteria. Specifically, SLS has claimed that Plaintiff’s income was not high enough but once 25 Plaintiffmeets the income threshold, SLS again moves the target without any plausible rhyme or 26 reason. 27 Plaintiff appeared for deposition in this matter and went through the history and 28 documentation regarding his loan modification attempts with Defense counsel and it became 3 EX PARTE APPLICATION clear that Plaintiff had been submitting and re-submitting documents for a number of years, increasing income through contributions as required but still ending up with the same determination. From the evaluation of the documents, it became clear that Defendant has not properly calculated Plaintiff’s income in that they would treat the contributions that Plaintiff received from his children as gross income even though that contribution was truly net as it was not taxed. Calculations such as these led Plaintiff t0 determine that Defendant has not been evaluating Plaintiffin good faith for a loan modification. Most recently, Plaintiff submitted a new application for loan modification in January 2018 reflecting a change in financial circumstances (increased income that would help him obtain a 10 modification) and received a letter of receipt/confirmation from Defendant indicating that 11 Plaintiff is still in the process of a pending loan modification. Please see attached to Declaration 12 of Amid T. Bahadori as Exhibit l, a true and correct copy of correspondence from SLS dated 13 1/19/18. At this point, plaintiff’s modification is still pending, however, Defendant is dual 14 tracking a foreclosure and is attempting to sell Plaintiff’s house on 4/4/ 18 in contravention of the 15 CA Homeowner Bill 0f Rights (as updated in 20 1 8). Plaintiff respectfully requests that this court 16 issue Temporary Restraining Order blocking said sale and setting the matter for an OSC re: 17 Preliminary Injunction. 18 19 II. LEGAL AUTHORITY 20 A. PLAINTIFF’S REQUEST FOR A TEMPORARY RESTRAINING ORDER 21 MAY BE GRANTED BEFORE MATTER IS HEARD ON NOTICE. 22 A Temporary Restraining Order may be granted where the applicant shows that “great or 23 irreparable injury will result to the applicant before the matter is heard on notice” and the 24 applicant has, within a reasonable time prior to the application, informed the opposing party or 25 opposing party’s counsel of the time and location when the application will be made. (See C.C.P. 26 §527 (c).) The concept of notice under Code of Civil Procedure section 527 is satisfied when 27 defendant is told when and where Plaintiff will apply for relief. (Hewlett v. Squaw Valley Ski 28 Corp, (1997) 54 CA.4”‘ 499, 534.) Because the threat of irreparable harm, a Temporary 3f EX PARTE APPLICATION Restraining Order may be sought by way of ex parte application. (See C.C.P. §527(c)(2).) As demonstrated by the Declaration of Amid T. Bahadori, the requisite notice was provided to the Defendants in this matter, as required by California Rule of Court 3. 1204. Granting a preliminary injunction requires consideration of two key factors: (l) the likelihood that Plaintiff will prevail on the merits, and (2) the interim harm that Plaintiff is likely to sustain if the injunction is denied as compared to the harm the defendant is likely to suffer if the injunction is granted. (14859 Moorpark Homeownser’s Assn v. VRT C0rp., (1998) 63 Cal. 4’" App. 1396, 1402.) The more likely it is that Plaintiff will ultimately prevail, the less severe the irreparable injury that needs to be alleged to secure the issuance of a preliminary injunction. (Id._ 10 at 1407.) 11 Here, Plaintiff’s claim for a preliminary injunction is based on the grounds that if 12 ' Defendant is able to proceed forward with the scheduled trustee’s sale, that Plaintiff will suffer [ 13 irreparable damage by losing his primary residence where he resides with his family. Plaintiff 14 seeks to maintain the status quo while the underlying suit proceeds fowvard regarding the failure 15 16 of Defendants to honor their representations that Plaintiff was and is currently being evaluated to 17 modify the underlying mortgage. (Continental Baking C0. v. Katz (1968) 68 C.2d 512, 528.) 18 B. PLAINTIFF HAS ESTABLISHED THE PROBABLE VALIDITY OF HIS 19 CLAIMS AGAINST DEFENDANTS INCLUDING VIOLATION OF THE 20 CALIFORNIA HOMEOWNERS BILL OF RIGHTS. 21 Plaintiff has established the probable validity of his claims by showing (1) that he is the 22 owner of the subject Property which is his primary dwelling, subject t0 a Deed ofTrust. Plaintiff 23 applied for a loan modification with Defendant and Defendant’s predecessors and has diligently 24 provided documents to support the granting of a modification. From the outset, Plaintiff was 25 assured that his house was not in foreclosure and would not be in foreclosure while the loan 26 modification application was being processed. The loan modification process is still ongoing as 27 of this date and Plaintiff has made every effort to comply with SLS’ demands for documents. As 28 of April 2, 2018, Plaintiff‘s loan modification is still pending with SLS and has neither been 5 EX PARTE APPLICATION granted nor rejected. (Id.) This dual tracking that SLS is doing is in violation 0f the Cal Civil Code Sections 2923.5, et seq., also known as the California Homeowner Bill of Rights, which prohibits dual tracking 0f homeowners’ loans where a foreclosure is still pursued despite a pending loan modification evaluation. In the instant case, Plaintiff never received a determination in response t0 his appeal to modification that he submitted but the bank is still foreclosing. This dual tracking is in violation of California law and provides a basis for which this TRO should be granted. Moreover, Defendant’s dual tracking is part of a pattern where they have continued to keep foreclosure sale dates pending while Plaintiff has been in an active loan modification evaluation. Plaintiff was essentially forced into this position because not only has 1O Defendant failed to properly process Plaintiff’s loan modification applications but it has also 11 refused t0 accept a short sale evaluation, simply stating that Defendant is not interested in 12 evaluating Plaintiff for a short-sale. 13 14 A claim has probable validity where “it is more likely than not that Plaintiff will obtain a judgment against the Defendant on that claim.” (Code 0f Civil Procedure section 481.190.) 15 Plaintiff has provided sufficient evidence through the declaration attached herewith t0 support 16 17 the probable validity of his claims. 18 C. DEFENDANT’S SALE TO A THIRD PARTY WILL RENDER ANY 19 JUDGMENT IN THIS CASE INEFFECTUAL. 20 An injunction may be granted in the following when it appears, during the litigation, that 21 a party to the action procuring or suffering to be is doing, 0r threatens, or is about to do, or is 22 done, some act in Violation of the rights of another party to the action respecting the subject 23 action, and tending to render the judgment ineffectual. (See C.C.P. §526(a)(3).) Plaintiff would 24 suffer great irreparable injury if the application for preliminary injunction is not granted as he 25 will lose his property and her primary residence where he resides with his family to a third paITy 26 while this action is pending, which would render any further judgment in this matter ineffectual. 27 28 6 EX PARTE APPLICATION D. THE HARM T0 PLAINTIFF IF THE TEMPORARY RESTRAINING ORDER IS DENIED OUTWEIGHS THE HARDSHIP TO THE DEFENDANTS IF THE TEMPORARY RESTRAINING ORDER ARE GRANTED. An injunction may be granted when it appears by the complaint or affidavits that the commission or continuance of some act during the litigation would produce waste, 0r great or irreparable injury, to a party to the action.” (See C.C.P. §526(a)(2).) Plaintiff is the injured party in this case as he is at risk of losing his home due to Defendant’s improper and invalid foreclose on the property. Defendant has failed to properly comply with the requirements of Califomia 1O Civil Code section 2924 et seq., and intentionally misrepresented to Plaintiff that it in good faith 11 evaluate Plaintiff for a loan modification, thereby halting all foreclosure on the property pending 12 Plaintiff‘s application for a loan modification. Plaintiff, in reliance on these representations by 13 Defendant, took great time and expense to submit all required documents for loan modification 14 and as a result did not take any further legal action to protect his property. The loan modification 15 16 process continues t0 this day, and yet Defendant is proceeding with foreclosure, contrary to their 17 representations. ln addition, Defendant refuses to even evaluate Plaintiff for a short-sale as an 18 alternate means of loss mitigation as required by CA law. 19 Allowing Defendants to foreclose on the property, contrary to the letter and spirit of the 20 CA Homeowner Bill of Rights, would result in irreparable harm to Plaintiff as he would lose his 21 home and potential equity in the property if sold at a foreclosure sale. Money damages cannot 22 remedy this harm. On the other hand, Defendants would only risk losing a nominal amount of 23 “If denial of an injunction time and money while this matter proceeds forward to trial. would 24 result in great hann to the Plaintiff, and the defendants would suffer little harm if it were granted, 25 then it is an abuse of discretion to fail to grant the preliminaiy injunction.” (Robbins v. Sup. Ct. 26 County ofSacramento (1985) 38 C.3d 199, 206.) Therefore, Plaintiff respectfully requests that 27 this Court grant the temporary restraining order as the potential damage to Plaintiff far exceeds 28 the nominal damages that Defendants may incur. 7 EX PARTE APPLICATION E. IMMEDIATE AND IRREPARABLE HARM WILL COME TO PLAINTIFF IF RELIEF IS NOT GRANTED ON AN EX PARTE BASIS. Pursuant to California Rule of Court 3.1202(c): An applicant must make an affirmative factual showing in a declaration containing competent testimony based on personal knowledge of irreparable haml, immediate danger, or any other statutory basis for granting relief ex parte. Plaintiff seeks a temporary restraining order on ex parte basis based upon the fact that he 10 will suffer irreparable injury if the Defendants are not enjoined from conveyance 0r sale of the 11 subject property. If this request is denied, Plaintiff will lose his property and home, which he will 12 never be able to get back if the trustee’s sale is allowed to go forward on April 4, 2018. 13 III. CONCLUSION 14 Based on the foregoing, Plaintiff respectfully requests that a temporary restraining order 15 be issued preventing Defendants from conveyance, sale or transfer 0f the property described 16 above. The Court should keep the status quo and enjoin the trustee’s sale. 17 18 Dated: April 2, 2018 BAHADORI LAW GROUP, PC 19 20 21 By: : Sh“ AMID T. BAHADORI Attorneys for Plaintiff 22 23 24 25 26 27 28 8 EX PARTE APPLICATION DECLARATION OF AMID T. BAHADORI I, AMID T. BAHADORI, hereby declare as follows: l. I am an attorney licensed to practice before the courts of the state of California and attorney of record for the Plaintiff in the above-referenced matter. 2. If called to testify, I could and would competently testify to the foregoing facts which are of my own personal knowledge. 3. Pursuant to California Rule of Court 3.1 150, I have given notice to each and every Defendant as described below. 1O 4. On April 2, 2018 at 9:28a I called counsel for Defendant Specialized Loan Servicing, 11 LLC as well as sent an e-mail, informing that Plaintiff would be appearing Ex Parte in 12 Department 9 of the Santa Clara Superior Court located at 191 N. l“ Street, San Jose, CA 951 13 13 at 8:15a to seek a temporary restraining order blocking the sale 0f the Plaintiff’s home on 4/4/1 8. 14 Counsel advised that he would appear to oppose the motion. 15 5. On April 2, 2018 at 9:41a I called defendant Quality Loan Service Corporation at 16 619.645.7711 and spoke to Shawn Waters, informing that Plaintiff would be appearing Ex Part6 17 in Department 9 of the Santa Clara Superior Court located at 191 N. 15‘ Street, San Jose, CA 18 95 l l3 at 8:15a to seek a temporary restraining order blocking the sale of the Plaintiff‘s home on 19 4/4/18. 20 6. Attached hereto as Exhibit 1 is a true and correct copy of a letter from Defendant 21 Specialized Loan Servicing, LLC indicating that Plaintiff’s loan modification application has 22 been received and that if there are any further documents needed then Plaintiff would be notified. 23 7. I have not received any rejection, acceptance or further request for information from 24 Defendant regarding Plaintiff’s loan modification application. 25 / / 26 / / 27 / / 28 // 9 EX PARTE APPLICATION I declare under penalty of perjury under the laws of the State of California that the foregoing is true and correct. Executed this 2nd day of April 201 8 at Irvine, California. :fl Amid fiahadori, DECLARANT 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 10 EX PARTE APPLICATION DECLARATION OF EMDADUR KHAN I, EMDADUR KHAN, declare as follows: 1. I am the Plaintiff in the above-referenced matter. 2. If called to testify, I would and could competently testify to the following facts, which are ofmy own personal knowledge: 3. I am the owner and resident of the subiect property located at 5942 Foligno Wav. San Jose, CA 95 138 where I live as mv primarv residence. 4. I have been attempting to obtain a loan modification from Defendant Specialized Loan Servicing, LLC (“SLS”) for a few years now and have submitted loan modification applications 10 when my financial status has changed such that I believe my income would help me qualify for a 11 loan modification. 12 5. Most recently, in January 2018 I submitted a full loan modification application to SLS 13 after being invited t0 do so. 14 have been following up with Defendant regarding 6. I this modification application since 15 January 2018 and have been informed each time by SLS’ representatives that my application is 16 still pending and that no decision has been reached. 17 7. On Friday, March 30, 201 8 I spoke to a representative at SLS who informed me that if 18 my application was not granted before the sale date scheduled for 4/4/18 then they would go 19 ahead and sell the property even though my modification is still pending evaluation. 20 8. I have not received a determination on my modification application as of April 2, 2018 21 but my property is still scheduled to be sold on April 4, 2018. 22 9. It appears to me that SLS is dual tracking my modification with the foreclosure sale 23 even though my application is complete per my discussions with SLS’ representatives and n0 24 determination has been made. 25 10. I stand to lose substantial equity in the property if it is sold at a foreclosure sale. 26 11. I am respectfully requesting this Couit to issue a temporary restraining order 27 blocking the sale of the property on April 4, 2018. 28 11 EX PARTE APPLICATION California that the foregoing is true and correct. Executed this 2nd day 0f April 2018 at San Jose, Califomia. 8% Eth-B‘Uy KHA‘ITI, DECLARANT 1O 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 12 EX PARTE APPLICATION EXHIBIT 1 Specialized Loan Serwcmg Part ol the Computershare Group 8742 Lucem Boulevard, Suite 300, Highlands Ranch, co 80129 T 800 306 6062 F 877 87s 0981 01/19/201 8 EMDADUR KHAN RE: Loan Number: 101 1207385 Property Address: BAHADORI LAW GROUP 2 PARK PLAZA STE 450 5942 FOLIGNO WAY IRVINE, CA 92614 SAN JOSE. CA 951 38 Dear EMDADUR KHAN, Specialized Loan Servicing LLC (“SLS”) is in receipt of your request for assistance. We have received your request documents you've submitted. We are for assistance including the additional currently in the process of reviewing your documentation. determine the application to be incomplete or If we need additional clarification. we may contact you or send you an additional notice. Please read the rest of this notice for important information regarding our documentation requirements and the review process. If you have received this letter and there are less than 37 days until a scheduled sale, please call us immediately at 1-800-306-6059 to discuss your options. Additional Documentation Submission Information: o If not already please write your loan number on each page of the documents you submit listed. - A detailed description of each required document can be found in the document index attached with this letter o Please review and confirm that you have provided all documentation to support your hardship and income claimed o In addition to the above referenced core documents, documentation will be needed to validate your hardship and financial situation o Please refer to your Request for Mortgage Assistance Form (RMA) for all documents required to complete your application o Proof of Income must be provided for all borrowers and non-borrower contributors o A non—borrower contributor is defined as a person who resides in the property and one who contributes to household income. but is not listed as a borrower on the loan o Income documentation should be dated within the last 90 days o If you are an educational professional, please disclose your pay schedule o Ex: annual salary paid over 12 months or number of months based on actual school year worked or provide copy of your contract o You are not required to disclose child support, alimony. or separation maintenance income unless you choose to have it considered by your servicer o Ifyou are claiming rental income. you must include all current mortgage statements, tax statements, homeowner’s insurance statement. and Homeowners Association (HOA) statements where applicable for all rental properties Specialized Loan SerVIcmé Part of the Computershare Group ’ 8742 Lucen: Boulevard. Suite 300, Highlands Ranch, CO 80129 T 800 306 6062 F 877 875 0981 o If you are delinquent on your current Homeowner’s insurance. please provide any additional statements detailing the total amount due where applicable o Please provide 2 current consecutive months of bank statements for all borrowers to support proof of all income claimed on the Request for Mortgage Assistance Form (RMA) Any additional or revised documentation may be provided via one of the following: 8742 Lucent Suite 300, Highlands Ranch, Blvd. CO 80129 “8"7-8'98-5-01 "$23113: 5:25 pages) . mm www.sls.net Please read the following section carefully to understand what you can expect from this process: o Once we receive a complete application and verify your information. we will determine whether you qualify for a mortgage relief option o Please note that it may take up to 30 days for us to review your complete application o We will process your request as quickly as possible o If this is you have had a qualifying change in circumstance and you submit a your first review or if complete loss mitigation application and SLS has not made a first notice or filing required by applicable law for any judicial or non-judicial foreclosure process SLS will nol initiate foreclosure proceedings as permitted by applicable law or investor guidelines lf this is your first review within this delinquency and you submit a complete loss o mitigation application after a SLS has made the first notice or filing required by applicable law for any judicial or non-judicial foreclosure process but more than 37 days before a foreclosure sale. SLS will not move for foreclosure judgment or order of sale, or conduct a foreclosure sale as permitted by applicable law or investorguidelines o As permitted by applicable law or investor guidelines, if SLS has already moved for a foreclosure judgment or order of sale prior to receiving a completed application but more than 37 days before a foreclosure sale. take reasonable steps, such as requesting the court delay the SLS will consideration of the motion. to avoid a ruling on such a motion until SLS has completed the loss mitigation evaluation, however, there is no guarantee that we will be able to postpone a sale, because a court with jurisdiction over the foreclosure proceeding (if any) or public scheduled charged with carrying out the sale may not agree to halt the scheduled sale official o If you are approved for a mortgage relief option, a foreclosure sale as permitted by applicable law or , investor guidelines, will not occur if you continue to honor the terms of the Agreement o If you fail to comply with the terms of the Agreement and do not make other arrangements with us. your loan will be enforced according to its original terms - lf you qualify for a Trial Period Plan that may result in a permanent modification of your loan. we will send you a Trial Period Plan with a cover letter explaining the Trial Period Plan o Youwill have 14 days from the date of receipt to accept the Trial Plan offer o Under the Trial Period Plan, you will be required to make trial period payments, instead of your regular mortgage loan payments o The trial period payments should be close to the amount you would pay under a modification Specialized Loan Servucmg Part o! the Computershare Group 8742 Lucent Boulevard, Suite 300, Highlands Ranch, CO 80129 T 800 306 6062 F 877 875 0981 o Near the end of the trial period. we will be able to calculate the final amount and the final terms of your modified loan We will then provide you with copies of the modification agreement for your signature o You will need to sign, notarize and return the Modification Agreement to us promptly o Once the Modification Agreement becomes effective, we will modify your loan o We encourage you to continue to make the trial payments until the modification is finalized o Consider contacting the servicers of any other loans secured by the same property to discuss loss mitigation options o In addition, if you are currently in a bankruptcy proceeding, approval of any mortgage relief option for which you may be eligible is contingent on approval of the bankruptcy court in your bankruptcy case o If we estimate the current value of your home as part of our review of your request for mortgage assistance, we'll send you a copy of the appraisal or valuation lfyou have questions concerning this letter or need further assistance. you may contact me or our Customer Resolution Department at 1-800-306-6059 Monday through Friday. 7:00 a.m. until 7:00 p.m. MT. SLS accepts calls from relay services on behalf of hearing impaired borrowers. Ifyou have other questions about mortgage relief options that cannot be answered by Specialized Loan Servicing LLC (“SLS”), you may contact HUD at 1-800-569-4287 or contact a HUD approved counselor at http://www.hud.qov/officeslhsq/sfh/hcc/fcl. HUD sponsors housing counseling agencies throughout the country to provide free or low cost advice. For additional contact information for housing counselors you may also contact the Consumer Financial Protection Bureau at httQ:I/www.consumemnance.aov/monngehelp. Sincerely. Michelle (TellerlD: 11088) Customer Resolution Department Specialized Loan Servicing LLC PLEASE SEE IMPORTANT DISCLOSURES ON THE FOLLOWING PAGE Specialized Loan germang Part of the Computershare Group 8742 Lucent Boulevard, Suite 300, Highlands Ranch. CO 80129 T 800 306 6062 F 877 875 0981 SPECIALIZED LOAN SERVICING LLC IS REQUIRED BY FEDERAL LAW TO ADVISE YOU THAT THIS COMMUNICATION IS FROM A DEBT COLLECTOR. BANKRUPTCY NOTICE - IF YOU ARE A CUSTOMER IN BANKRUPTCY 0R A CUSTOMER WHO HAS RECEIVED A BANKRUPTCY DISCHARGE OF THIS DEBT: PLEASE BE ADVISED THAT THIS NOTICE IS TO INFORM YOU 0F THE STATUS OF THE MORTGAGE SECURED BY THE SUBJECT PROPERTY. THIS NOTICE CONSTITUTES NEITHER A DEMAND FOR PAYMENT NOR A NOTICE 0F PERSONAL LIABILITY TO ANY RECIPIENT HEREOF, WHO MIGHT HAVE RECEIVED A DISCHARGE OF SUCH DEBT IN ACCORDANCE WITH APPLICABLE BANKRUPTCY LAWS OR WHO MIGHT BE SUBJECT T0 THE AUTOMATIC STAY OF SECTION 362 OF THE UNITED STATES BANKRUPTCY CODE. IF YOU RECEIVED A DISCHARGE OF THE DEBT IN BANKRUPTCY. WE ARE AWARE THAT YOU HAVE NO PERSONAL OBLIGATION TO REPAY THE DEBT. WE RETAIN THE RIGHT TO ENFORCE THE LIEN AGAINST THE COLLATERAL PROPERTY, WHICH HAS NOT BEEN DISCHARGED IN YOUR BANKRUPTCY, IF ALLOWED BY LAW AND/OR CONTRACT. IF YOU HAVE QUESTIONS. PLEASE CONTACT US AT 1-800-306-6057. The Federal Equal Credit Opportunity Act prohibits creditors from discriminating against credit applicants on the basis of race, color, religion, national origin, sex, marital status, or age (provided that the applicant has the capacity to enter into a binding contract); because all or part of the applicant’s income derives from any public assistance program; or because the applicant has in good faith exercised any right under the Consumer Credit Protection Act. The federal agency that administers compliance with this law concerning this creditor is Bureau of Consumer Financial Protection, 1700 G Street NW., Washington DC, 20006 or Consumer Response Center, Federal Trade Commission, 600 Pennsylvania Ave. NW, Washington, DC 20580. Specialized Loan Servicing LLC (the servicer for this loan) is regulated by the Bureau of Consumer Financial Protection, 1700 G Street NW.. Washington DC 20006 and the Federal Trade Commission. Equal Credit Opportunity, Washington, DC 20580. Important Notice To Servicemembers And Their Dependents If you or any occupant of your home are or recently were on active duty or active service, you may be eligible for benefits and protections under the federal Servicemembers Civil Relief Act (SCRA). This includes protection from foreclosure or eviction. You may also be eligible for benefits and protections under state law or investor policy. SCRA and state Military benefits and protections also may be available if you are the dependent of an eligible Servicemember. Eligible service may include: o Active duty with the Army. Navy, Air Force, Marine Corps, or Coast Guard. or Active service as a commissioned officer of the National Oceanic and Atmospheric Administration. or Active service as a commissioned officer of the Public Health Service, or Service with the forces of a nation with which the United States is allied in a war or Military action, or Service with the National Guard of a state militia under a state call of duty. or Any period when you are absent from duty because of sickness, wounds, leave, or other lawful cause. For more information, please call SLS at 1-800-306-6059. NOTICES OF ERROR AND REQUESTS FOR INFORMATION (INCLUDING QUALIFIED WRITTEN REQUESTS), MUST BE SUBMITTED IN WRITING TO: SPECIALIZED LOAN SERVICING LLC, P.O. BOX Specialized Loan Servmmg Part o! the Computershare Group 8742 Lucent Boulevard, Suite 300, Highlands Ranch, CO 80129 T 800 306 6062 F 877 87S 0981 630147, LITTLETON, CO 80163-0147