HOW TO USE NMS (National Mortgage Settlement) IN CALIFORNIA HOMEOWNER'S LITIGATION (HAMP, HOBR)!
National Mortgage Settlement: HOW TO USE NMS IN CALIFORNIA HOMEOWNER'S LITIGATION (HAMP, HOBR, CFPB) !
For example, the NMS requires Servicer to notify Borrower of all cure options. The NMS states:
- 4(B), "EXPLAIN PROGRAMS FOR WHICH THE BORROWER IS ELIGIBLE."
- (C), "EXPLAIN THE REQUIREMENTS OF THE PROGRAMS TO WHICH THE BORROWER IS ELIGIBLE."
- (D), "EXPLAIN PROGRAM DOCUMENTATION REQUIREMENTS."
- (K), "HELP TO CLEAR FOR BORROWER THE INTERNAL PROCESSING REQUIREMENTS."
- (L) "COMPLY WITH H.A.M.P." WHICH IS THE MAKING HOME AFFORDABLE PROGRAM. (HAMP SD 09-01; HH3.0-4.0) (EX E, F pg A -22, A-18-26, etc.)
HOW TO USE DEED OF TRUST (DOT) / NOTE ("CONTRACT") FOR CA HOMEOWNERS (MOD, HAMP, HOBR, NMS, CFPB, HOPE NOW, HOPE 4 HOMEOWNERS, PUBLIC POLICY) LITIGATION !
CA Deed of Trust/Note (Contract) provisions supporting Borrowers causes of action include the arguments:
The Contracts also states that foreclosure must be discontinued pursuant to “Applicable Law” pending “Cures” of default. The Contracts states at ¶19, that: “Borrower shall have the right to have enforcement of this Security Instrument discontinued at any time prior to the earliest of: (a) five days before sale…(b) such other period as Applicable Law might specify…”
To states otherwise would be in violation of law and regulations of the United States Congress and California Legislature. Defendant (and its predecessors) were obligated to but failed to comply with “Applicable Law” and “Regulations” which include the duty to notify Plaintiff of all options to evaluate her for a “modification” and to “avoid foreclosure” and not to frustrate the payment obligation of the DOT / NOTE, as also defined by: HAMP, HOBR, HOPE NOW, CFPB, and NMS.