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Filing # 52193551 E-Filed 02/07/2017 05:25:15 PM
IN THE CIRCUIT COURT OF THE SEVENTEENTH,
JUDICIAL CIRCUIT IN AND FOR BROWARD
COUNTY, FLORIDA
GENERAL JURISDICTION DIVISION
CASE NO. CACE15005613
U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE.
SUCCESSOR IN INTEREST TO WACHOVIA BANK
N.A. AS TRUSTEE FOR J.P. MORGAN MORTGAGE
TRUST 2005-A7,
Plaintiff,
vs.
STEPHEN M. HAYDEN AND JANICE HAYDEN, et al.
Defendant(s).
/
PLAINTIFF'S MOTION TO CANCEL FORECLOSURE SALE SET FOR FEBRUARY 21, 2017
Comes now U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE SUCCESSOR IN INTEREST TO.
WACHOVIA BANK N.A. AS TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST 2005-A7, Plaintiff, by and
through undersigned counsel, respectfully moves this Court to cancel a mortgage foreclosure sale and as grounds
therefore states as follows:
1. On April 28, 2016, this Court entered a Final Judgment of Foreclosure pursuant to which a
foreclosure sale was scheduled for August 30, 2016.
2. The sale scheduled for August 30, 2016 was canceled due to an order on a motion to cancel sale;
Subsequently the sale was rescheduled for October 19, 2016.
3. The sale scheduled for October 19, 2016 was canceled due to an order on a motion to cancel sale;
Subsequently the sale was rescheduled for November 22, 2016.
4. The sale scheduled for November 22, 2016 was canceled due to an order on a motion to cancel
sale; Subsequently the sale was rescheduled for January 03, 2017.
5. The sale scheduled for January 03, 2017 was canceled due to an order on a motion to cancel sale;
Subsequently the sale was rescheduled for January 17, 2017.
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15-034850 - RoM
*4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 2/7/2017 5:25:12 PM.****6. The sale scheduled for January 17, 2017 was canceled due to an order on a motion to cancel sale;
Subsequently the sale was rescheduled for February 21, 2017.
7. Said sale needs to be canceled for the following reason(s):
a. Plaintiff and Defendant are continuing to be involved in loss mitigation and are presently being
reviewed for short sale. A copy of the relevant records is attached hereto as Exhibit A.
WHEREFORE Plaintiff requests that this Court cancel the foreclosure sale previously scheduled for
February 21, 2017.
CERTIFICATE OF SERVICE
Thereby certify that a copy of the Motion to Cancel Sale has been furnished to the parties listed on the
attached service list via Mail and/or E-mail in accordance with the corresponding addresses listed therein on Dated
this 7 day of February, 2017.
ROBERTSON, ANSCHUTZ & SCHNEID, P.L.
Attorney for Plaintiff
6409 Congress Ave., Suite 100
Boca Raton, FL 33487
Telephone: 561-241-6901
Facsimile: 561-997-6909
Service Email: mail@rasflaw.com
By: _\S\Philip Stecco_
Philip Stecco, Esquire
Florida Bar No. 108384
Communication Email: pstecco@rasflaw.com
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15-034850 - RoMSERVICE LIST
CACE15005613
CRAIG A SACKLER, P.A.
CRAIG A SACKLER, ESQ.
ATTORNEY FOR STEPHEN M. HAYDEN
PO BOX 1656
DEERFIELD BEACH, FL 33443
PRIMARY EMAIL: CRAIGSACKLER@YAHOO.COM
CRAIG SACKLER, ESQ.
CRAIG SACKLER, ESQ.
ATTORNEY FOR JANICE HAYDEN
PO BOX 1656
DEERFIELD BEACH, FL 33443
PRIMARY EMAIL: CRAIGSACKLER@Y AHOO.COM
PAGE 3
15-034850 - RoMSELECT
Portfolto HELP FOR AMERICA’S HOMEOWNERS. I im.
SERVICING, ine. MAKING HOME AFFORDABLE
December 2, 2016 EXHIBIT A
be JANICE HAYDEN
ESTATE OF STEPHEN M HAYDEN
2232 NE 30 CT
LIGHTHOUSE POINT, FL 33064
Re: Account Number: [xx
Property Address: 2232 NE 30 CT
LIGHTHOUSE POINT, FL 33064
RE: Acknowledgement of Request for Short Sale
Dear Customer(s):
You have provided us with a copy of an executed sales contract (the “Contract’) for the short sale of your
residential property and requested that you be considered for participation in the federal government's Home
Affordable Foreclosure Alternatives ("HAFA") Program. This notice (“Notice”) acknowledges our receipt of
the Contract and provides you important information regarding the terms and conditions with which a HAFA
short sale must comply if we approve the Contract. This Notice merely acknowledges receipt of your
Contract and is not an approval of the Contract. We anticipate responding to your request for approval
within 30 days of receipt of all items listed below. This Notice describes the terms that will be applicable only
in the event we approve the Contract.
Unless already provided, please complete, sign and return the attached Hardship Affidavit form with the other
documents you provide at closing. This form is your official certification of the financial hardship you have
experienced. Although you are not required to return the completed signed Hardship Affidavit until the closing
occurs, we recommend that you return it as soon as possible in order to expedite the process.
Please also provide the items listed below to us at the address below within 14 calendar days. If we do not
receive these documents, we cannot proceed with the evaluation.
+ A copy of the Listing Agreement.
+ Listing Agent Contact Information (Third Party Authorization Form Attached).
HUD-1 Settlement Statement.
* Buyer Pre-Qualification Letter or Proof of Funding.
Ee
00108821000256010700 |+ Subordinate Lien Approval, if applicable, evidencing of your release from personal liability.
+ Proof of Occupancy for yourself or your tenants if you are requesting relocation assistance. The
enclosed Non-Owner Occupant Certification must be executed by each non-owner occupant that is to
receive relocation assistance along with a copy of the lease agreement.
You may submit this information via fax at 801-270-7833, or via mail to
PO Box 65250 Salt Lake City, UT 84165-0250.
if you have not previously contacted us regarding eligibility for a loan modification, you should consider this
alternative. Under the Home Affordable Modification Program (“HAMP"), you may qualify for a modification with
affordable and sustainable monthly payments that would allow you to keep your property. Please contact us
by December 16, 2016 if you wish to be considered for a loan modification.
You have been assigned a Relationship Manager to assist you through this process. Your assigned
Relationship Manager is Casey Smith. Casey Smith, can be reached toll free at 866-820-6218 Ext. 37439 or
by email at Relationship. Manager@SPServicing.com.
At SPS, any of our trained servicing representatives can assist you with answers to your questions about the
status or history of your account, document requirements, or any of our available loan resolution options. If you
have any questions or concerns, please contact our Loan Resolution Department. Our toll-free number is
888-818-6032, and representatives are available Monday through Thursday between the hours of 8 a.m. and
11 p.m., Friday from 8 a.m. to 9 p.m., and Saturday from 8 a.m. to 2 p.m., Eastern Time.
if you would like to speak with a counselor about this program, call the Homeowner's HOPE™ Hotline
1-888-995-HOPE (4673). The Homeowner's HOPE™ Hotline offers free HUD-certified counseling services
and is available 24/7 in English and Spanish. Other languages are available by appointment.
Sincerely,
Select Portfolio Servicing, Inc.
Enclosure: Third Party Authorization Form, Non-Owner Occupant Certification Form, Hardship Affidavit
Esta carta contiene informacién importante concerniente a sus derechos. Por favor, traduzca esta
carta. Nuestros representantes bilinglies estan a su disposici6n para contestar cualquier pregunta.
Llamenos al numero 800-831-0118 y seleccione/marque la opcién 2.
This communication from a debt collector is an attempt to collect a debt and any information obtained
will be used for that purpose.
Minnesota - This collection agency is licensed by the Minnesota Department of Commerce
New York City - Collection Agency License # 1170514: SOY ee
Important Program Information MAKING HOME AFFORDABLE
The borrower and co-borrower, if applicable ("you"), of the above loan contacted the Servicer (“we”) because
your mortgage payments are no longer affordable and you would like to avoid foreclosure. After listing your
residential property for sale, you executed the Contract and have now requested that we approve it.
However, the proceeds from the sale may not be sufficient to pay off your loan. This Notice describes the
requirements a short sale must meet in order to participate in the HAFA Short Sale Program. This Notice
does not constitute an approval of the Contract. If we ultimately approve the Contract and you comply
with the terms described below, we will accept the net sale proceeds from the sale of your property as the
payoff of the mortgage loan even though the proceeds are expected to be less than the full amount due
Please submit all required documents to us via fax at 801-270-7833, or via mail to PO Box 65250 Salt Lake
City, UT 84165-0250.
Short Sale Program — If a Contract is Approved the Following Terms and Conditions will Apply:
1. Allowable Costs that May be Deducted from Gross Sale Proceeds
a. Closing Costs. The closing costs paid by you or on your behalf as seller must be reasonable and
customary for the market. Acceptable closing costs, including the commission, which may be
deducted from the gross sale proceeds, may not exceed 6% of the list price.
b. Subordinate Liens. We have the option of allowing a total of up to $12,000 to be paid from the sale
proceeds to help get subordinate mortgage lien releases. As described above, if you have these
types of liens or loans on your property, please gather any paperwork you have (such as your last
statement) and send it to us promptly. Remember, clearing these other liens and delivering clear and
marketable title is your responsibility. We require each subordinate lien holder to release you from
personal liability for the loans in order for the sale to qualify for this program, but we do not take any
responsibility for ensuring that the lien holders do not seek to enforce personal liability against you.
Therefore, we recommend that you take steps to satisfy yourself that the subordinate lien holders
telease you from personal liability.
c. Real Estate Commissions. We will allow to be paid from sale proceeds, real estate commissions
as stated in the listing agreement between you and your broker, not to exceed six percent (6%) of the
contract sales price, to be paid to the listing and selling brokers involved in the transaction. Neither
you nor the buyer may receive a commission. Any commission that would otherwise be paid to you or
the buyer must be reduced from the commission due on sale.
d. Occupant Relocation Assistance. If you or a Tenant occupy the property as a principal residence
and you wish to receive (or have your Tenant receive) relocation assistance, you must inform us in
writing of your request. Please send us an e-mail indicating that you will request relocation
assistance to the following address: relationshipmanager@spservicing.com. Alternatively, you may
send a signed, hard copy of your request to the mailing address listed above. You will be required to
certify under penalty of perjury at closing that the property is occupied as a principal residence by (i)
yourself; (ii) a Tenant: or (iil) your legal dependent, parent or grandparent who is living in the property
rent-free
To receive relocation assistance, the occupant must be required to vacate as a condition of the sale.
In addition, you must provide (i) evidence that the property is your/their principal residence, which in
the case of a Tenant may include information concerning the tenant, a copy of the lease agreement
or other evidence of occupancy; and (ii) a certification signed by each occupant that will receive
relocation assistance attesting to the occupant’s compliance with Section 1481 of the Dodd-Frank
Wall Street Reform and Consumer Protection Act (Pub. L. 111-203) (the Dodd-Frank Certification).
We will provide you with a Dodd-Frank Certification form(s). If you fail to deliver the Dodd-Frank
Certification at least 30 days prior to the closing of the sale of the property, the relocation assistance
will not be paid. Upon your compliance with the conditions of the sale, we will instruct the settlement
agent to pay the occupant from the sale proceeds at the same time that all other payments, including
the payoff of our first mortgage, are disbursed by the settlement agent. Only one payment per
household is provided for the relocation assistance, regardless of the number of occupants.
00108821000256020700 a2. Property Maintenance and Expenses. You are responsible for all property maintenance and expenses of
your property until the closing of an approved short sale, including utilities, assessments, association dues,
and costs for interior and exterior maintenance. Additionally, you must report any and all property damage
to us and file a hazard insurance claim for covered damage. Unless insurance proceeds are used to pay
for repairs or personal property losses, we may require that they be applied to reduce the mortgage debt.
3. Short Sale Affidavit. At closing the buyer and seller will be required to execute an affidavit certifying that
the sale is an “arm's length" transaction and the seller and buyer are unrelated to each other by family,
marriage or commercial enterprise. The affidavit will also include an agreement by the buyer not to sell the
property within 30 days of closing of the sale, or between 31 and 90 calendar days of the sale for a price
greater than 120 percent of the gross sales price and an affidavit of occupancy.
4. Foreclosure Sale Suspension. We will postpone any foreclosure sale until a decision is made plus any
extensions that we may grant in writing, or until the closing date of an approved short sale, whichever is
later. Please note that we may still initiate foreclosure or continue with existing foreclosure proceedings as
permitted by the mortgage documents during this period.
5. Satisfaction and Release of Liability. If all of the terms and conditions of the approved short sale are
met, upon sale and settlement of the property, we will prepare and send to the settlement agent for
recording a lien release in full satisfaction of the mortgage, foregoing all rights to pursue a deficiency
judgment.
6. Consent to Discuss Your Records. We will need to talk to your broker and others involved in the sale. To
authorize us to communicate and share your personal financial information about your mortgage, credit
history, subordinate liens, and plans for relocation with your broker and other third parties that could be
involved in the transaction, please complete and return the Third Party Authorization Form that has been
provided.
7. Mortgage Insurer or Guarantor Approval. The terms and conditions of the short sale may be subject to
the written approval of the mortgage insurer or guarantor.
8. Termination of Short Sale. Unless otherwise stipulated by us in writing, any approval of the short sale
may be terminated if:
a. You fail to authorize us to discuss your personal financial information with your broker or others
involved in the sale;
b. Your financial situation improves significantly, you qualify for a modification, you bring the account
current or you pay off the mortgage in full;
You or your broker fails to act in good faith in closing on the sale of the property or otherwise fails to
abide by the terms of this letter;
A significant change occurs to the property's condition or value;
There is evidence of fraud or misrepresentation;
You file for bankruptcy and the Bankruptcy Court declines to approve the short sale transaction;
Litigation is initiated or threatened that could affect title to the property or interfere with a valid
conveyance; or
The sale of the property does not close or you fail to make payments under an agreement between
you and SPS.
i. You do not sign and return the attached Hardship Affidavit form.
9
7 e920
9. Settlement of a Debt. The proposed transaction represents our attempt to reach a settlement of the
delinquent mortgage. There is no guarantee that the Contract will be approved or, if approved, the
transaction will be successful. In the event the Contract is not approved, or, if approved, the transaction is
unsuccessful, the Servicer may exercise all remedies under the mortgage, including foreclosure.
10.Possible Income Tax Considerations. We will report the difference between the remaining amount of
principal you owe and the amount that we receive from the sale to the Internal Revenue Service (IRS) on
Form 1099C, as debt forgiveness. In some cases, debt forgiveness could be taxed as income. The
amount, if any, we pay you or your Tenant for moving expenses may also be reported as income11. Credit Bureau Reporting. We will follow standard industry practice and report to the major credit
reporting agencies that your mortgage was settled for less than the full payment. We have no control
over, or responsibility for, the impact of this report on your credit score. To learn more about the potential
impact of a short sale on your credit, you may want to go to
http://www. ftc.gov/bcp/edu/pubs/consumer/credit/cre24.shtm.
Your assigned Relationship Manager, Casey Smith, can be reached toll free at 866-820-6218 Ext. 37439 or by
email at Relationship. Manager@SPServicing.com.
At SPS, any of our trained servicing representatives can assist you with answers to your questions about the
status or history of your account, document requirements, or any of our available loan resolution options. If at
any time through this process you have questions or concerns, please call our Loan Resolution Department at
888-818-6032. Representatives are available Monday through Thursday between the hours of 8 a.m. and 11
p.m., Friday from 8 a.m. to 9 p.m., and Saturday from 8 a.m. to 2 p.m., Eastern Time.
; 7
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~ ~ ,
© Vice President —- Loan Resolution Department
Signature of Servicer Representative Title
Amanda Brinkerhoff December 2, 2016
Printed Name of Servicer Representative Date
If you would like to speak with a counselor about this program, call the Homeowner's HOPE™ Hotline
888-995-HOPE (4673). The Homeowner's HOPE™ Hotline offers free HUD-certified counseling services and
is available 24/7 in English and Spanish. Other languages are available by appointment.
NOTICE TO BORROWER
Be advised that any documents and information you submit to your servicer in connection with the Making Home Affordable
Program are under penalty of perjury. Any misstatement of matenal fact made in the completion of these documents mcluding but oI,
not lined to misstatement regarding your occupancy sn your home, hardship circumstances, and/or mcome, expanses, or assets » "
will subject you to potential criminal nvestigation and prosecution for the following cnmes perjury. false statements. maul fraud.
and wire fraud The information contained in these documents is subject to examinaton and verification Any potential
misrepresentation will be referred to the appropriate law enforcement authontty for investgation and prosecuton. By returning
documents or information described in this Notice you cerbfy. represent and agree that:” Under penalty of perjury, all documents
and information | have provided to Lender m connection with te Malang Home Affordable Program. including the documents and
information regarding my elwgibilty for the program, are true and correct,
Mfyou are aware of fraud, waste, abuse, mismanagement or misreprasentations affiliated with the Troubled Asset Relief Program,
please contact the SIGTARP Holline by cating 1-877-SIG-2009 (toll-Iree). 202-622-4559 (fax), of www sigtarp gov. Mad can be
sent Hotline Office of the Special inspector General for Troubled Asset Relief Program, 1801 L St. NW Washungton, DC 20220
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if you have questions about this document or the Making Home Affordable Program, please call your servicer.
Ifyou have questions about the program that your servicer cannot answer or need further De eee: Se
counseling, you can call the Homeowner's HOPE™ Hotline at 1-888-995-HOPE (4673). The : g88-995-HOPE
Hotline can help with questions about the program and offers free HUD-certified counseling wner's HOPE” Hotline
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services in English and Spanish.
NOTICE TO BORROWERS
00108821000256050700|SELECT
| Portfolin General Third Party Authorization
| SERVICING, inc.
SPS Account Number. Please send this completed authorization to:
Select Portfolio Servicing, Inc.
SPS Customer(s) Name: PO Box 65250
Salt Lake City, UT 84165
Property Address:
or
Fax: (801) 269-4405
| (we) hereby authorize Select Portfolio Servicing, Inc. (SPS) to release, furnish, and provide any information
related to the above-referenced account to:
Third Party Name:
Company Name:
Relationship to Customer(s)
Phone Number: Fax Number:
(If the above authorization is a result of a Power of Attorney, Order of Guardianship/Conservatorship, or
Administration of an Estate, please attach documentation verifying this authority)
if your authorization is for something other than a full account disclosure, please indicate below which
limited information you authorize SPS to release, furnish and provide to the above authorized third party:
Verification of Mortgage Payoff Statement as of Date
Please indicate the payoff reason
Payment History
Refinance with other company
(Other SSS eee eee Sale of property
| hereby authorize the above-referenced individual(s) to obtain information regarding my mortgage account identified
above. | agree that SPS will not be held responsible in any manner for relying upon or following the authorization
and/or instructions | have given herein, | also agree that SPS has no responsibility to verify the identity of my
authorized third party, nor will SPS be liable for anything my authonzed third party may do with the information they
obtain regarding my account. | acknowledge and agree that fees. as allowed by law and my mortgage documents.
may be assessed to my account as a result of my authorized third party's request(s).
This authorization is valid for one (1) year from the date of receipt unless otherwise specified here:
7 If at any time | choose to revoke this authorization, it is my responsibility to notify SPS by calling SPS's
Customer Service Department at (800) 258-8602.
Customer Signature Date
Co-Customer Signature Date
Please allow up to three (3) business days after receipt for this authorization to be uploaded into your account.
00108821000256060700Making Home Affordable Program
Non-Owner Occupant Certification MAKING HOME AFFORDABLE.cov
You are the occupant of a property that is being sold of transferred in conjunction with the U.S. Department of the Treasury's Home Affordable
Foreclosure Alternative (AFA) Program, Because you will be required to vacate the property as a condition of the sale or transfer, you may be
eligible to receive $10,000 in relocation assistance. if you wish to be considered for this assistance, you must complete and sign tins form and
return it to the owner of the property (Owner)
OCCUPANT INFORMATION
OCCUPANTS TAT TOPRRT SHAT
[PROPERTY DORIS Tatas chy, Tate Sad eT
| certity that | currently occupy the property described above (the Property) as a principal residence and, to the best of my knowledge, lam
required to vacate the Property a5 a condition of the pending sale or transfer.
DODD-FRANK CERTIFICATION
The following information 1s requested by the federal government in accordance with the Dodd-Frank Wall Street Reform and Consumer
Protection Act (Pub. L. 111-203). You are required to furnish this information. The law provides that no person shall be eligible to begin recewing
assistance from the Making Home Affordable Program (MHA), autharized under the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201
et seq.), or any other mortgage assistance program authorized or funded by that Act, if such person, in connection with 2 mortgage or real estate
transaction, has been convicted, within the last 10 years, of any one of the following: (A) felony larceny, theft, fraud, or forgery, (8) money
laundering or (C} tax evasion.
| certify that { have not been convicted within the last 10 years of any one of the following in connection with a mortgage or real estate transaction
{a) felony larceny, theft, fraud, or forgery,
{b} money laundering or
{c) tax evasion.
| understand that the servicer of the mortgage loan secured by the Property (the Servicer), the U.S. Department of the Treasury (Treasury), or their
respective agents may investigate the accuracy of my statements by performing routine background checks, including automated searches of
federal, state and county databases, to confirm that | have not been convicted of such crimes. | also understand that knowingly submitting false
information may wolate Federal law. This certification is effective on the earlier of the date hsted below ar the date this form is received by the
Servicer
ACKNOWLEDGEMENT AND AGREEMENT
1. l authorize and give permission to the Servicer, Treasury, and their respective agents, to assemble and use a current consumer report to
investigate my ehgibility for HAFA relocation assistance, the accuracy of my statements and any documentation that | may provide in
connection with requesting HAFA relocation assistance. | understand that these consumer reports may include, without limitation, a credit
report, and be assembled and used at any point to assess my eligibihty,
2. Lunderstand that if | have engaged in fraud or if it s determined that any of my statements or any information contained in the
documentation that | provide are materially false and that | was ineligible for relocation assistance under HAFA, the Servicer, Treasury, or their
respective agents may seek remedies available at law and in equity, such as recouping any assistance | previously received
3. understand that the Servicer will collect and record personal information that { submtt, including, but not limited to, my name, address,
social secunty number and date of birth. | understand and consent to the Servicer’s disclosure of my personal information and the terms of
any assistance | may receive under MHA to Treasury and its agents, Fannie Mae and Freddie Mac in connection with their responsibilities
under MHA, companies that perform support services in conjunction with MHA. any investor, insurer, guarantor, or servicer that owns,
insures, guarantees, or services the mortgage loan(s} secured by the Property, and to any HUD-certified housing counselor assisting Owner.
4, lunderstand that the Owner may, but is not required to, request relocation assistance on my behalf, and | authorize the Owner to submit this
Certification to the Servicer in connection with any such request, along with any other documentation that the Servicer may require
The undersigned certifies under penalty of perjury that all statements in this document are true and correct.
Occupant Signature Social Security Number Date of Birth Date
Co-Occupant Signature Social Security Number Date of Birth Date
Page 1 of 2
00108821000256070700 re ]NOTICE TO OCCUPANTS
Be advised that by signing this document you understand that any documents and information you submit in connection with the Making Home
Affordable Program are under penalty of perjury. Any misstatement of matenal fact made in the completion of these documents including but not
united to misstatement regarding your occupancy in the Property, will subject you to potential criminal investigation and prasecution for the
following crimes: perjury, false statements, mail fraud, and wire fraud. The information contained in these documents is subject to examination
and verification. Any potential misrepresentation will be referred to the appropriate law enforcement authonty for investigation and prosecution.
By signing this document you certify, represent and agree that: "Under penalty of perjury, all documents and information | have provided in
connection with the Making Home Affordable Program, including the documents and information regarding my eligibility for relocation assistance
under HAFA, are true and correct.”
if you are aware of fraud, waste, abuse, mismanagement or misrepresentations affiliated with the Troubled Asset Reef Program, please contact
the SIGTARP Hotline by calling 1-877-SIG-2009 {toll-free}, 202-622-4559 (fax), or www sigtarp.gov and provide them with your name, the Owner's
name, the property address and reason for escalation. Mail can be sent to Hotline Office of the Special Inspector General for Troubled Asset Relief
Program, 1801 L St, NW, Washington, OC 20220
Page 2 of 2
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Filing # 52193551 E-Filed 02/07/2017 05:25:15 PM IN THE CIRCUIT COURT OF THE SEVENTEENTH, JUDICIAL CIRCUIT IN AND FOR BROWARD COUNTY, FLORIDA GENERAL JURISDICTION DIVISION CASE NO. CACE15005613 U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE. SUCCESSOR IN INTEREST TO WACHOVIA BANK N.A. AS TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST 2005-A7, Plaintiff, vs. STEPHEN M. HAYDEN AND JANICE HAYDEN, et al. Defendant(s). / PLAINTIFF'S MOTION TO CANCEL FORECLOSURE SALE SET FOR FEBRUARY 21, 2017 Comes now U.S. BANK NATIONAL ASSOCIATION AS TRUSTEE SUCCESSOR IN INTEREST TO. WACHOVIA BANK N.A. AS TRUSTEE FOR J.P. MORGAN MORTGAGE TRUST 2005-A7, Plaintiff, by and through undersigned counsel, respectfully moves this Court to cancel a mortgage foreclosure sale and as grounds therefore states as follows: 1. On April 28, 2016, this Court entered a Final Judgment of Foreclosure pursuant to which a foreclosure sale was scheduled for August 30, 2016. 2. The sale scheduled for August 30, 2016 was canceled due to an order on a motion to cancel sale; Subsequently the sale was rescheduled for October 19, 2016. 3. The sale scheduled for October 19, 2016 was canceled due to an order on a motion to cancel sale; Subsequently the sale was rescheduled for November 22, 2016. 4. The sale scheduled for November 22, 2016 was canceled due to an order on a motion to cancel sale; Subsequently the sale was rescheduled for January 03, 2017. 5. The sale scheduled for January 03, 2017 was canceled due to an order on a motion to cancel sale; Subsequently the sale was rescheduled for January 17, 2017. PAGE 1 15-034850 - RoM *4* FILED: BROWARD COUNTY, FL BRENDA D. FORMAN, CLERK 2/7/2017 5:25:12 PM.****6. The sale scheduled for January 17, 2017 was canceled due to an order on a motion to cancel sale; Subsequently the sale was rescheduled for February 21, 2017. 7. Said sale needs to be canceled for the following reason(s): a. Plaintiff and Defendant are continuing to be involved in loss mitigation and are presently being reviewed for short sale. A copy of the relevant records is attached hereto as Exhibit A. WHEREFORE Plaintiff requests that this Court cancel the foreclosure sale previously scheduled for February 21, 2017. CERTIFICATE OF SERVICE Thereby certify that a copy of the Motion to Cancel Sale has been furnished to the parties listed on the attached service list via Mail and/or E-mail in accordance with the corresponding addresses listed therein on Dated this 7 day of February, 2017. ROBERTSON, ANSCHUTZ & SCHNEID, P.L. Attorney for Plaintiff 6409 Congress Ave., Suite 100 Boca Raton, FL 33487 Telephone: 561-241-6901 Facsimile: 561-997-6909 Service Email: mail@rasflaw.com By: _\S\Philip Stecco_ Philip Stecco, Esquire Florida Bar No. 108384 Communication Email: pstecco@rasflaw.com PAGE 2 15-034850 - RoMSERVICE LIST CACE15005613 CRAIG A SACKLER, P.A. CRAIG A SACKLER, ESQ. ATTORNEY FOR STEPHEN M. HAYDEN PO BOX 1656 DEERFIELD BEACH, FL 33443 PRIMARY EMAIL: CRAIGSACKLER@YAHOO.COM CRAIG SACKLER, ESQ. CRAIG SACKLER, ESQ. ATTORNEY FOR JANICE HAYDEN PO BOX 1656 DEERFIELD BEACH, FL 33443 PRIMARY EMAIL: CRAIGSACKLER@Y AHOO.COM PAGE 3 15-034850 - RoMSELECT Portfolto HELP FOR AMERICA’S HOMEOWNERS. I im. SERVICING, ine. MAKING HOME AFFORDABLE December 2, 2016 EXHIBIT A be JANICE HAYDEN ESTATE OF STEPHEN M HAYDEN 2232 NE 30 CT LIGHTHOUSE POINT, FL 33064 Re: Account Number: [xx Property Address: 2232 NE 30 CT LIGHTHOUSE POINT, FL 33064 RE: Acknowledgement of Request for Short Sale Dear Customer(s): You have provided us with a copy of an executed sales contract (the “Contract’) for the short sale of your residential property and requested that you be considered for participation in the federal government's Home Affordable Foreclosure Alternatives ("HAFA") Program. This notice (“Notice”) acknowledges our receipt of the Contract and provides you important information regarding the terms and conditions with which a HAFA short sale must comply if we approve the Contract. This Notice merely acknowledges receipt of your Contract and is not an approval of the Contract. We anticipate responding to your request for approval within 30 days of receipt of all items listed below. This Notice describes the terms that will be applicable only in the event we approve the Contract. Unless already provided, please complete, sign and return the attached Hardship Affidavit form with the other documents you provide at closing. This form is your official certification of the financial hardship you have experienced. Although you are not required to return the completed signed Hardship Affidavit until the closing occurs, we recommend that you return it as soon as possible in order to expedite the process. Please also provide the items listed below to us at the address below within 14 calendar days. If we do not receive these documents, we cannot proceed with the evaluation. + A copy of the Listing Agreement. + Listing Agent Contact Information (Third Party Authorization Form Attached). HUD-1 Settlement Statement. * Buyer Pre-Qualification Letter or Proof of Funding. Ee 00108821000256010700 |+ Subordinate Lien Approval, if applicable, evidencing of your release from personal liability. + Proof of Occupancy for yourself or your tenants if you are requesting relocation assistance. The enclosed Non-Owner Occupant Certification must be executed by each non-owner occupant that is to receive relocation assistance along with a copy of the lease agreement. You may submit this information via fax at 801-270-7833, or via mail to PO Box 65250 Salt Lake City, UT 84165-0250. if you have not previously contacted us regarding eligibility for a loan modification, you should consider this alternative. Under the Home Affordable Modification Program (“HAMP"), you may qualify for a modification with affordable and sustainable monthly payments that would allow you to keep your property. Please contact us by December 16, 2016 if you wish to be considered for a loan modification. You have been assigned a Relationship Manager to assist you through this process. Your assigned Relationship Manager is Casey Smith. Casey Smith, can be reached toll free at 866-820-6218 Ext. 37439 or by email at Relationship. Manager@SPServicing.com. At SPS, any of our trained servicing representatives can assist you with answers to your questions about the status or history of your account, document requirements, or any of our available loan resolution options. If you have any questions or concerns, please contact our Loan Resolution Department. Our toll-free number is 888-818-6032, and representatives are available Monday through Thursday between the hours of 8 a.m. and 11 p.m., Friday from 8 a.m. to 9 p.m., and Saturday from 8 a.m. to 2 p.m., Eastern Time. if you would like to speak with a counselor about this program, call the Homeowner's HOPE™ Hotline 1-888-995-HOPE (4673). The Homeowner's HOPE™ Hotline offers free HUD-certified counseling services and is available 24/7 in English and Spanish. Other languages are available by appointment. Sincerely, Select Portfolio Servicing, Inc. Enclosure: Third Party Authorization Form, Non-Owner Occupant Certification Form, Hardship Affidavit Esta carta contiene informacién importante concerniente a sus derechos. Por favor, traduzca esta carta. Nuestros representantes bilinglies estan a su disposici6n para contestar cualquier pregunta. Llamenos al numero 800-831-0118 y seleccione/marque la opcién 2. This communication from a debt collector is an attempt to collect a debt and any information obtained will be used for that purpose. Minnesota - This collection agency is licensed by the Minnesota Department of Commerce New York City - Collection Agency License # 1170514: SOY ee Important Program Information MAKING HOME AFFORDABLE The borrower and co-borrower, if applicable ("you"), of the above loan contacted the Servicer (“we”) because your mortgage payments are no longer affordable and you would like to avoid foreclosure. After listing your residential property for sale, you executed the Contract and have now requested that we approve it. However, the proceeds from the sale may not be sufficient to pay off your loan. This Notice describes the requirements a short sale must meet in order to participate in the HAFA Short Sale Program. This Notice does not constitute an approval of the Contract. If we ultimately approve the Contract and you comply with the terms described below, we will accept the net sale proceeds from the sale of your property as the payoff of the mortgage loan even though the proceeds are expected to be less than the full amount due Please submit all required documents to us via fax at 801-270-7833, or via mail to PO Box 65250 Salt Lake City, UT 84165-0250. Short Sale Program — If a Contract is Approved the Following Terms and Conditions will Apply: 1. Allowable Costs that May be Deducted from Gross Sale Proceeds a. Closing Costs. The closing costs paid by you or on your behalf as seller must be reasonable and customary for the market. Acceptable closing costs, including the commission, which may be deducted from the gross sale proceeds, may not exceed 6% of the list price. b. Subordinate Liens. We have the option of allowing a total of up to $12,000 to be paid from the sale proceeds to help get subordinate mortgage lien releases. As described above, if you have these types of liens or loans on your property, please gather any paperwork you have (such as your last statement) and send it to us promptly. Remember, clearing these other liens and delivering clear and marketable title is your responsibility. We require each subordinate lien holder to release you from personal liability for the loans in order for the sale to qualify for this program, but we do not take any responsibility for ensuring that the lien holders do not seek to enforce personal liability against you. Therefore, we recommend that you take steps to satisfy yourself that the subordinate lien holders telease you from personal liability. c. Real Estate Commissions. We will allow to be paid from sale proceeds, real estate commissions as stated in the listing agreement between you and your broker, not to exceed six percent (6%) of the contract sales price, to be paid to the listing and selling brokers involved in the transaction. Neither you nor the buyer may receive a commission. Any commission that would otherwise be paid to you or the buyer must be reduced from the commission due on sale. d. Occupant Relocation Assistance. If you or a Tenant occupy the property as a principal residence and you wish to receive (or have your Tenant receive) relocation assistance, you must inform us in writing of your request. Please send us an e-mail indicating that you will request relocation assistance to the following address: relationshipmanager@spservicing.com. Alternatively, you may send a signed, hard copy of your request to the mailing address listed above. You will be required to certify under penalty of perjury at closing that the property is occupied as a principal residence by (i) yourself; (ii) a Tenant: or (iil) your legal dependent, parent or grandparent who is living in the property rent-free To receive relocation assistance, the occupant must be required to vacate as a condition of the sale. In addition, you must provide (i) evidence that the property is your/their principal residence, which in the case of a Tenant may include information concerning the tenant, a copy of the lease agreement or other evidence of occupancy; and (ii) a certification signed by each occupant that will receive relocation assistance attesting to the occupant’s compliance with Section 1481 of the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203) (the Dodd-Frank Certification). We will provide you with a Dodd-Frank Certification form(s). If you fail to deliver the Dodd-Frank Certification at least 30 days prior to the closing of the sale of the property, the relocation assistance will not be paid. Upon your compliance with the conditions of the sale, we will instruct the settlement agent to pay the occupant from the sale proceeds at the same time that all other payments, including the payoff of our first mortgage, are disbursed by the settlement agent. Only one payment per household is provided for the relocation assistance, regardless of the number of occupants. 00108821000256020700 a2. Property Maintenance and Expenses. You are responsible for all property maintenance and expenses of your property until the closing of an approved short sale, including utilities, assessments, association dues, and costs for interior and exterior maintenance. Additionally, you must report any and all property damage to us and file a hazard insurance claim for covered damage. Unless insurance proceeds are used to pay for repairs or personal property losses, we may require that they be applied to reduce the mortgage debt. 3. Short Sale Affidavit. At closing the buyer and seller will be required to execute an affidavit certifying that the sale is an “arm's length" transaction and the seller and buyer are unrelated to each other by family, marriage or commercial enterprise. The affidavit will also include an agreement by the buyer not to sell the property within 30 days of closing of the sale, or between 31 and 90 calendar days of the sale for a price greater than 120 percent of the gross sales price and an affidavit of occupancy. 4. Foreclosure Sale Suspension. We will postpone any foreclosure sale until a decision is made plus any extensions that we may grant in writing, or until the closing date of an approved short sale, whichever is later. Please note that we may still initiate foreclosure or continue with existing foreclosure proceedings as permitted by the mortgage documents during this period. 5. Satisfaction and Release of Liability. If all of the terms and conditions of the approved short sale are met, upon sale and settlement of the property, we will prepare and send to the settlement agent for recording a lien release in full satisfaction of the mortgage, foregoing all rights to pursue a deficiency judgment. 6. Consent to Discuss Your Records. We will need to talk to your broker and others involved in the sale. To authorize us to communicate and share your personal financial information about your mortgage, credit history, subordinate liens, and plans for relocation with your broker and other third parties that could be involved in the transaction, please complete and return the Third Party Authorization Form that has been provided. 7. Mortgage Insurer or Guarantor Approval. The terms and conditions of the short sale may be subject to the written approval of the mortgage insurer or guarantor. 8. Termination of Short Sale. Unless otherwise stipulated by us in writing, any approval of the short sale may be terminated if: a. You fail to authorize us to discuss your personal financial information with your broker or others involved in the sale; b. Your financial situation improves significantly, you qualify for a modification, you bring the account current or you pay off the mortgage in full; You or your broker fails to act in good faith in closing on the sale of the property or otherwise fails to abide by the terms of this letter; A significant change occurs to the property's condition or value; There is evidence of fraud or misrepresentation; You file for bankruptcy and the Bankruptcy Court declines to approve the short sale transaction; Litigation is initiated or threatened that could affect title to the property or interfere with a valid conveyance; or The sale of the property does not close or you fail to make payments under an agreement between you and SPS. i. You do not sign and return the attached Hardship Affidavit form. 9 7 e920 9. Settlement of a Debt. The proposed transaction represents our attempt to reach a settlement of the delinquent mortgage. There is no guarantee that the Contract will be approved or, if approved, the transaction will be successful. In the event the Contract is not approved, or, if approved, the transaction is unsuccessful, the Servicer may exercise all remedies under the mortgage, including foreclosure. 10.Possible Income Tax Considerations. We will report the difference between the remaining amount of principal you owe and the amount that we receive from the sale to the Internal Revenue Service (IRS) on Form 1099C, as debt forgiveness. In some cases, debt forgiveness could be taxed as income. The amount, if any, we pay you or your Tenant for moving expenses may also be reported as income11. Credit Bureau Reporting. We will follow standard industry practice and report to the major credit reporting agencies that your mortgage was settled for less than the full payment. We have no control over, or responsibility for, the impact of this report on your credit score. To learn more about the potential impact of a short sale on your credit, you may want to go to http://www. ftc.gov/bcp/edu/pubs/consumer/credit/cre24.shtm. Your assigned Relationship Manager, Casey Smith, can be reached toll free at 866-820-6218 Ext. 37439 or by email at Relationship. Manager@SPServicing.com. At SPS, any of our trained servicing representatives can assist you with answers to your questions about the status or history of your account, document requirements, or any of our available loan resolution options. If at any time through this process you have questions or concerns, please call our Loan Resolution Department at 888-818-6032. Representatives are available Monday through Thursday between the hours of 8 a.m. and 11 p.m., Friday from 8 a.m. to 9 p.m., and Saturday from 8 a.m. to 2 p.m., Eastern Time. ; 7 je . —~- ~ ~ , © Vice President —- Loan Resolution Department Signature of Servicer Representative Title Amanda Brinkerhoff December 2, 2016 Printed Name of Servicer Representative Date If you would like to speak with a counselor about this program, call the Homeowner's HOPE™ Hotline 888-995-HOPE (4673). The Homeowner's HOPE™ Hotline offers free HUD-certified counseling services and is available 24/7 in English and Spanish. Other languages are available by appointment. NOTICE TO BORROWER Be advised that any documents and information you submit to your servicer in connection with the Making Home Affordable Program are under penalty of perjury. Any misstatement of matenal fact made in the completion of these documents mcluding but oI, not lined to misstatement regarding your occupancy sn your home, hardship circumstances, and/or mcome, expanses, or assets » " will subject you to potential criminal nvestigation and prosecution for the following cnmes perjury. false statements. maul fraud. and wire fraud The information contained in these documents is subject to examinaton and verification Any potential misrepresentation will be referred to the appropriate law enforcement authontty for investgation and prosecuton. By returning documents or information described in this Notice you cerbfy. represent and agree that:” Under penalty of perjury, all documents and information | have provided to Lender m connection with te Malang Home Affordable Program. including the documents and information regarding my elwgibilty for the program, are true and correct, Mfyou are aware of fraud, waste, abuse, mismanagement or misreprasentations affiliated with the Troubled Asset Relief Program, please contact the SIGTARP Holline by cating 1-877-SIG-2009 (toll-Iree). 202-622-4559 (fax), of www sigtarp gov. Mad can be sent Hotline Office of the Special inspector General for Troubled Asset Relief Program, 1801 L St. NW Washungton, DC 20220 ‘¢ ane ge 00108821000256030700 aMaking Home Affordable Program . Hardship Affidavit MAKING [IOME AFFORDABLE. Giese aes), CU COMPLETE ALL THREE PAGES OF THIS FORM Doar et erer Blt BORROWER Ban aoet MaDe CO-BORROWER root ae routs ay iwantto: Hayy The property 1s my- net Herre [the property 1s: 1 Rent Mee area ie ew ban Sn Ciao 2 Neri HARDSHIP AFFIDAVIT | (We) am/are requesting review under the Making Home Affordable Program. 1am having difficulty making my monthly payment because of financial difficulties created by (check all that apply) edbay cw ceri ned ne ota my Dpeayreetts ue Sapte at fou uner ced gars sere = Filing Date: ses PEN Bankruptey case number Hove you filed for bookruptcy? Th Hos your bankruptcy been discharged? Munk ean en dae Ire net GOVE Mer ure by moniter coy vot tedeta statutes That pron, mnt nr information, but are encouraged to do so. The law provides that a lender or servicer may not discriminate either on the basis of this information, or on whether you choose to furnish it. i cou Som sy he rath net furns : fa ba ee! os ib cvath where to furnish the information, please check the box below. BORROWER whites tory ate CO-BORROWER ite rut Ethivcsty: Ethrucity: Der rare ct bat ee Race, ae ne ay EN Race. a Q Cc van Ae 0 c Ti Nat Bank " Sex. c Sex Tlewse Live ie le OS Name/Address of interviewer's Employer Interviewer's Name iprint ar type} & 1D Number This request was taken by: ce ta tae hr ; tek cae interviewer's Signature Date Interwewer’s Phone Number {include area code) ‘page 1ot3) ee 00108821000256040700 re ]HARDSHIP AFFIDAVIT page 2 COMPLETE ALL THREE PAGES OF THIS FORM. Pe) de eae Wal Steet Setour ced Tuna Py Cregaedtesd ti ie tecibna ae yectnmead ms aceantan ceo tte » You are required to furnish this information. | fest ha Sua peetacre mreqngy Fr ane GME Tah Om Aut rg Hoe Stor ator scart oe rogiare anemone sec iF ro rcHmmect on eth ey Teas abaey my acy Loe su oe went hte ey Tem ne Le cen vunters wet Lewin atery poher tray comnmes Hunde fy ct ake, Sy wey that toate pact Crees. SC udm a featea tate and co." pets neal Feist b abecrforn ys a Wa toe ratty eit wert bree Pee ghee is Parse eon tae tee ut tee dare: ACKNOWLEDGEMENT AND AGREEMENT In making this request for consideration under the Making Home Affordable Program, Scertity underpenaty ot peru: BU ed Ot age phe tte Ro fPaty abide riurras ye the decent achat a4 carb stanee Vegas emer aptet aye Bate Se aT Ay Snes rete aeaet abig sed an tee \ HOMER TOT aay ak Coy sun un ry He oe eT tone hes Nee vducess ood fae $0 Tratthaee Stoe Fea! ents, ot Sy feraten cu cee Re Be) Ba Bobet ter er Boe GM Ie A rrat a Eh tercons deainae tester scm 4d mere yarecereas eee Ne UATE Om THs document 7 unger ae tthat 2 oF fone a Ont bab ace morro ut mc dang selshope ss, ponte Hoc ery nae ads thdhectan HOOT IE GIDE pa MEST stony Ga ernment shar that oN Meine, widest sret oye areiatornaton about any Mae ay bate detent tothe dd ses OD EA Rta CGR rch A er espe Barto Gritkor 9 PU BTIBS Paes LEO Ee ANESTH IEE IORI OEE. Cer NST ATT Pure Quant OF oer ee ty Ot ey be ass shar Benen sabia! pepe ty ul eqaty thats Sateen ee Trey Hope ett fh - buret ol ace Dawe Done Secure be! page 2o¢ 2HARDSHIP AFFIDAVIT page 3 COMPLETE ALL THREE PAGES OF THIS FORM eae ede a if you have questions about this document or the Making Home Affordable Program, please call your servicer. Ifyou have questions about the program that your servicer cannot answer or need further De eee: Se counseling, you can call the Homeowner's HOPE™ Hotline at 1-888-995-HOPE (4673). The : g88-995-HOPE Hotline can help with questions about the program and offers free HUD-certified counseling wner's HOPE” Hotline romeo services in English and Spanish. NOTICE TO BORROWERS 00108821000256050700|SELECT | Portfolin General Third Party Authorization | SERVICING, inc. SPS Account Number. Please send this completed authorization to: Select Portfolio Servicing, Inc. SPS Customer(s) Name: PO Box 65250 Salt Lake City, UT 84165 Property Address: or Fax: (801) 269-4405 | (we) hereby authorize Select Portfolio Servicing, Inc. (SPS) to release, furnish, and provide any information related to the above-referenced account to: Third Party Name: Company Name: Relationship to Customer(s) Phone Number: Fax Number: (If the above authorization is a result of a Power of Attorney, Order of Guardianship/Conservatorship, or Administration of an Estate, please attach documentation verifying this authority) if your authorization is for something other than a full account disclosure, please indicate below which limited information you authorize SPS to release, furnish and provide to the above authorized third party: Verification of Mortgage Payoff Statement as of Date Please indicate the payoff reason Payment History Refinance with other company (Other SSS eee eee Sale of property | hereby authorize the above-referenced individual(s) to obtain information regarding my mortgage account identified above. | agree that SPS will not be held responsible in any manner for relying upon or following the authorization and/or instructions | have given herein, | also agree that SPS has no responsibility to verify the identity of my authorized third party, nor will SPS be liable for anything my authonzed third party may do with the information they obtain regarding my account. | acknowledge and agree that fees. as allowed by law and my mortgage documents. may be assessed to my account as a result of my authorized third party's request(s). This authorization is valid for one (1) year from the date of receipt unless otherwise specified here: 7 If at any time | choose to revoke this authorization, it is my responsibility to notify SPS by calling SPS's Customer Service Department at (800) 258-8602. Customer Signature Date Co-Customer Signature Date Please allow up to three (3) business days after receipt for this authorization to be uploaded into your account. 00108821000256060700Making Home Affordable Program Non-Owner Occupant Certification MAKING HOME AFFORDABLE.cov You are the occupant of a property that is being sold of transferred in conjunction with the U.S. Department of the Treasury's Home Affordable Foreclosure Alternative (AFA) Program, Because you will be required to vacate the property as a condition of the sale or transfer, you may be eligible to receive $10,000 in relocation assistance. if you wish to be considered for this assistance, you must complete and sign tins form and return it to the owner of the property (Owner) OCCUPANT INFORMATION OCCUPANTS TAT TOPRRT SHAT [PROPERTY DORIS Tatas chy, Tate Sad eT | certity that | currently occupy the property described above (the Property) as a principal residence and, to the best of my knowledge, lam required to vacate the Property a5 a condition of the pending sale or transfer. DODD-FRANK CERTIFICATION The following information 1s requested by the federal government in accordance with the Dodd-Frank Wall Street Reform and Consumer Protection Act (Pub. L. 111-203). You are required to furnish this information. The law provides that no person shall be eligible to begin recewing assistance from the Making Home Affordable Program (MHA), autharized under the Emergency Economic Stabilization Act of 2008 (12 U.S.C. 5201 et seq.), or any other mortgage assistance program authorized or funded by that Act, if such person, in connection with 2 mortgage or real estate transaction, has been convicted, within the last 10 years, of any one of the following: (A) felony larceny, theft, fraud, or forgery, (8) money laundering or (C} tax evasion. | certify that { have not been convicted within the last 10 years of any one of the following in connection with a mortgage or real estate transaction {a) felony larceny, theft, fraud, or forgery, {b} money laundering or {c) tax evasion. | understand that the servicer of the mortgage loan secured by the Property (the Servicer), the U.S. Department of the Treasury (Treasury), or their respective agents may investigate the accuracy of my statements by performing routine background checks, including automated searches of federal, state and county databases, to confirm that | have not been convicted of such crimes. | also understand that knowingly submitting false information may wolate Federal law. This certification is effective on the earlier of the date hsted below ar the date this form is received by the Servicer ACKNOWLEDGEMENT AND AGREEMENT 1. l authorize and give permission to the Servicer, Treasury, and their respective agents, to assemble and use a current consumer report to investigate my ehgibility for HAFA relocation assistance, the accuracy of my statements and any documentation that | may provide in connection with requesting HAFA relocation assistance. | understand that these consumer reports may include, without limitation, a credit report, and be assembled and used at any point to assess my eligibihty, 2. Lunderstand that if | have engaged in fraud or if it s determined that any of my statements or any information contained in the documentation that | provide are materially false and that | was ineligible for relocation assistance under HAFA, the Servicer, Treasury, or their respective agents may seek remedies available at law and in equity, such as recouping any assistance | previously received 3. understand that the Servicer will collect and record personal information that { submtt, including, but not limited to, my name, address, social secunty number and date of birth. | understand and consent to the Servicer’s disclosure of my personal information and the terms of any assistance | may receive under MHA to Treasury and its agents, Fannie Mae and Freddie Mac in connection with their responsibilities under MHA, companies that perform support services in conjunction with MHA. any investor, insurer, guarantor, or servicer that owns, insures, guarantees, or services the mortgage loan(s} secured by the Property, and to any HUD-certified housing counselor assisting Owner. 4, lunderstand that the Owner may, but is not required to, request relocation assistance on my behalf, and | authorize the Owner to submit this Certification to the Servicer in connection with any such request, along with any other documentation that the Servicer may require The undersigned certifies under penalty of perjury that all statements in this document are true and correct. Occupant Signature Social Security Number Date of Birth Date Co-Occupant Signature Social Security Number Date of Birth Date Page 1 of 2 00108821000256070700 re ]NOTICE TO OCCUPANTS Be advised that by signing this document you understand that any documents and information you submit in connection with the Making Home Affordable Program are under penalty of perjury. Any misstatement of matenal fact made in the completion of these documents including but not united to misstatement regarding your occupancy in the Property, will subject you to potential criminal investigation and prasecution for the following crimes: perjury, false statements, mail fraud, and wire fraud. The information contained in these documents is subject to examination and verification. Any potential misrepresentation will be referred to the appropriate law enforcement authonty for investigation and prosecution. By signing this document you certify, represent and agree that: "Under penalty of perjury, all documents and information | have provided in connection with the Making Home Affordable Program, including the documents and information regarding my eligibility for relocation assistance under HAFA, are true and correct.” if you are aware of fraud, waste, abuse, mismanagement or misrepresentations affiliated with the Troubled Asset Reef Program, please contact the SIGTARP Hotline by calling 1-877-SIG-2009 {toll-free}, 202-622-4559 (fax), or www sigtarp.gov and provide them with your name, the Owner's name, the property address and reason for escalation. Mail can be sent to Hotline Office of the Special Inspector General for Troubled Asset Relief Program, 1801 L St, NW, Washington, OC 20220 Page 2 of 2