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Home Retention Contract

Dear Client,

This is our new CSRS contract for you to plan your tomorrow. My name is John M. Navarro, Broker/Owner of Cal State Relocation, Inc. since 1994. I have been in the business of Finance/Mortgages, Budget, Credit and Real Estate for over twenty years. For the last four years I have been processing Home Retention forms and Short Sales with much success. I have also been revisiting lender guidelines that are over twenty years old and comparing them to the current guidelines to understand why they were used. Then how the loan programs named “pick a payment,” “stated loans,” and those in "Wall Street" effected our markets and grew more issues. I determined that the missing elements in the new guidelines revealed the real root of the main problem. By providing the old guidelines for the previuos new programs woulld have eliminate further issues. The new guidelines need to consider the missing old guideline elements of lending: Credit, Character, and Capacity, which accounts for real income (net income) which focuses on actual budgets. This allows the the consumer to have a sustainable home loan and more. These elements have been removed or not used and I cannot explain why?

CSRS understands the misguided guidlines are continuing to hurt the Home Retention process and our first time home buyer's qualifying for a home loan today. Lenders continue to put families at risk. The intentions of this contract is to fully disclose your financial condition and educate you on your credit and how what steps to consider before moving forward. Use your own information to assits us to explain why your current financial condition does not help you and how to fix it. Your information is vital to demonstrate to our Government/Lender? Servicer, how the current working programs used today to fix the housing mortgage crisis do not work. Hear is Congresswomen Waters making an attemp her self just click to see. (http://youtu.be/JczIimq22mE).

Our SIA tool uses the three basic elements of lending noted above: Credit, Capacity, and Character, these elements need to be reinstated in order to fix the current housing issues.

CSRS is not a legal entity and is fortunate to introduce our new Financial Credit Advisory Division as part of our new intervention and restart program. We have partnered and added HALO Credit Solution and Lexington Law Group as two independent Credit service companies to our firm. We also plan to continue to associate ourselves with additional Legal service providers to offer more services (on an as-need basis).

If you are reading this notice it means that we are starting the first step towards working together. Understanding your true financial position and what steps to take has become a challenge. It is not simple. Why? Because there are elements we all generate and credit habits that we need to understand how to stop and how they impact our daily lives. These elements will be explained for you to recognize as we take small steps towards using undersatnding your financial condition.

Our fees are collected after we interveiw and receive and verify your financial information and your Credit Analysts sets a plan that determines our journey. Our fees are: $349-549.00 based on credit and $649.00-$1049 for those who filed Bankruptcy and need a budget restructure program.

Our additional service will guide you before submitting your MHA or HAMP task if you are still in your home. Then we will address cleaning up your credit. Our goal is for you to reach an understanding of your financial position and set a plan that helps you move forward and rebuild your credit profile. If you have a trouble home loan, we can also educate you about saving or selling your home based on your financial position. The final step is when we assign a SIA Credit Analyst; to begin rebuilding your credit.

Please Note:CSRS is determined to introduce and teach you how the housing and credit issues need to be addressed first without any further delay. Why? Last October of 2010 we finally were privilege to present some elements to the Treasury Department VIA webinar to explain the missing underwriting elements and were applauded with no recognition and very little change. We produced a tool to inform both the lender and the consumer about the right risk for modifying or selling a home in today’s market. Unfortunately now in 2011, we have determined that a grassroots operation needs to be in place in order to facilitate the proper guidance and public policies.

Thank you for intrusting us with your business!

Congratulations! We look forward to helping you plan your next step.

________________________ ________________________ Agent Client

 

Contract One

STAGE 1 After the SIA analysis has been completed and it is determined you are still in your home, we will assit for free in completing The Home Retention application if requested.

We at CSRS do not beleive in most modification being completed serve the homeowner interest.

CSRS plans to stay updated with the Lender/Servicer/Investor Guidelines. CSRS will assist in providing the following to you for your lender.

  1. Income Summary, ii. Debt Summary, iii. Ratio Analysis iv. Ability to pay Summary,
  2. Prepare Summary of Application.
  3. Gather necessary supporting documentation, as necessary
  4. Asset Report. ii. Hardship Description. iii. Verification of Income /Debt position
  5. Review any changes in any Home Retention Process as it applies to each client situation.
  6. Determine the credit condition and how to move forward with a budget plan in place.

Establish current loan scenario vs. proposed home retention.

Record adequately all conversations and use our online in tracking program.

Assist you to submit completed package to Investor / Servicer / Lender as required.

Ensure that each file is closed and perform the final following functions: Verification of new loan terms against offer made by Investor, schedule mortgage loan conferences as needed, and execution with Notary, (as required).

If a Short Sale is in place, we advise you seek a Tax Attorney for each State as required due to the different tax laws for each State.

Thank you for reviewing and understanding this process.

Please sign below.

______________________________ ____________________________

Authorized Agent Date Credit Analysts Date

Continuation Two Agreement (2) Short Sale Guide and assign someone to help track RMA or HAFA packet with client until completion. $700 service fee. Limited basis

Clients Signature: ______________________________________________

Authorized Agent ______________________Account #____________/____________

CALIFORNIA TIME LINE

Payments Missed _______/______________= $_______________

________Preliminaries Declaration Of Default Substitution of Trustee

________Start Date Record Notice of Default

________10 Days 10- Day Mailings

________30-Day 30- Day Mailings

________2 Months Authorization to Publish Non- Military Affidavid

________ 3 Months Prepare Notice of Sale

________29 Days prior to sale Mail Notice to IRS (if necessary)

________No later than 20 days publish, Post and Mail Notice of Sale

________ No later than 14 days Record Notice of Sale

_________ Day before Sale Complete Bid Instructions CSRS Update

_________ Sale Day Conduct Sale Prepare and Record Trustee’s Deed

_________ 30 days Served 3 days notice to vacate allow to 60 days in California.

Short Sale Yes Or No

Address________________________________________________________________________

The three-month period is the most critical period for your lender and the best time for us to make a difference in our time line. CSRS can still help save your property and submit an analysis that offers a solution if possible. We help you define the right reason for the lender to work with you.

THE FORECLOSURE TERMS

Please read the following information for your understanding of terms.

The Foreclosure Process

When a homeowner defaults on a note and deed of trust, sometimes the only recourse for the lender is to proceed with foreclosure of the property. This is an uncomfortable situation for all parties involved and we always handled it with the utmost professionalism.

California: Judicial and non-Judicial

When you as a Borrower in Default?

This includes, but is not limited to the following:

Failure to make their monthly payments as scheduled

Defaulting on a Senior Lien

Failure to pay property taxes on time

Failure to maintain proper insurance

Judicial Foreclosure
The judicial process of foreclosure, which involves filing a lawsuit to obtain a court order to foreclose, is used when no power of sale is present in the mortgage or deed of trust. Generally, after the court declares a foreclosure, your home will be auctioned off to the highest bidder.

Using this type of foreclosure process, lenders may seek a deficiency judgment and under certain circumstances, the borrower may have up to one (1) year to redeem the property.

Non-Judicial Foreclosure
The non-judicial process of foreclosure is used when a power of sale clause exists in a mortgage or deed of trust. A "power of sale" clause is the clause in a deed of trust or mortgage, in which the borrower pre-authorizes the sale of property to pay off the balance on a loan in the event of their default. In deeds of trust or mortgages where a power of sale exists, the power given to the lender to sell the property may be executed by the lender or their representative, typically referred to as the trustee. Regulations for this type of foreclosure process are outlined below in the "Power of Sale Foreclosure Guidelines".

CSRS Team has been working with Institutional beneficiaries to help handle Residential, Foreclosures and now modifications. We have a staff to help you stop the foreclosure process if the current systems in place apply to your financial position. We will always serve and protect as we try to reconnect with your investor, lender, according to their parameters and the laws we understand to be in place to protect your home, with total professionalism.

Credit Risk

Any foreclosure is detrimental to your credit. The idea of settling an account can reduce and save your credit risk by simply reducing any further damage to your credit scores with the right agreements in place.

SIA Solution Home Retention Processing Department

Our team of processionals includes chosen Legal Counsel, Real Estate and Credit Analyst, Mortgage brokers and Processor specialists, who are here to handle the possibility of your foreclosure in a totally professional and respectful manner. We will examine your entire income and expense situation and credit risk, and then develop your plan. This can take as little as 3 days. CSRS offers an asisted service for you to stay in direct contact with your assigned Credit Analyst as you use our guide and complete your file with contact options for your convenience. We feel very confident that if you stay on your new budget and choose to try a Home Retention Program the final numbers may not be to your best interest but may keep you in your home.

Deed in Lieu of Foreclosure

One alternative to a non-judicial foreclosure is a “deed in lieu of foreclosure”. The deed in lieu of foreclosure is an instrument that conveys all interest in the property form the borrower to the mortgagee in order to satisfy a loan in default and avoid a foreclosure.

A deed in lieu of foreclosure actually offers numerous benefits to both borrower and lender. The primary and most important advantage to the borrower is that it immediately released them from most or all the indebtedness involved with the loan and default. A second advantage to the borrower is they avoid the proceeding and public knowledge of a foreclosure. In addition, the borrower can often get better terms by going with a deed in lieu of foreclosure, than if they have a formal foreclosure.

The main advantage to the lender is a major reduction in the time and costs it takes to proceed with a non-judicial foreclosure and there can be other advantages to the lender if the borrower ends up filing for bankruptcy afterwards. The deed in lieu of foreclosure is always entered into on a voluntarily basis and in good faith by both parties. Because the deed in lieu of foreclosure is required to be voluntary, most lenders will often require a written offer of such a conveyance from the borrower that specifically states that they are offering to enter into the negotiations on a voluntary basis. This conveyance enacts the “parole evidence rule” and protects the lender from any future claims by the borrower that they felt pressured in to the settlement or the lender acted in bad faith.

Forbearance Agreement

Sometimes in the process of trying to work out a bad loan, the parties will use what is called a “Forbearance Agreement” which basically establishes the ground rules for continuing the mortgage loan relationship, while both parties try to work out a solution to the defaulted loan and the issues are resolved.

What is a Forbearance Agreement?

A “Forbearance Agreement” is an agreement where a lender will agree not to proceed with an action against a borrower, that it otherwise would have a right to take. In our case, the lender will “forbear or postpone” proceeding with a foreclosure action against the borrower, while both parties try to resolve the issues that are causing the problems with the debt.

When a borrower has a good history with a lender, and has simply run into some temporary financial problems, it can sometimes be in the lenders best interest to enter into a forbearance agreement with the borrower and try to work things out. This avoids the time and costs associated with foreclosure, and will preserve both the loan and the lenders relationship with a good borrower.

Home Retention Solution (SIA):

This is an evaluation tool that empowers and advises all parties involved about what the appropriate financial position and condition of its subject file. It provides further possibilities to be reviewed to bring this file to a positive conclusion. Though our SIA Analysis provides this information, please understand the lender has always determined the final program and decision. Any other alternatives may need the use of consulting with our Attorney or yours. Only needed if the lender chooses not to move forward or give us any further alternatives.

Short Sale:

If the client does not qualify for a modification or decides on a short sell. Then the next best option is to have an agreement written by all parties to proceed with this solution. At CSRS we believe that all parties are responsible for working together as we move towards selling a home.

Due to SIA Solution our outcomes have been a very positive process. Please note: As the lenders are introduced to our process it may still take some time to close files. The goal is to inform the client, build relations with lenders and understand client(s) financial possibilities today as an Agent so we can start making a difference.

Let Us Get Started!

Closing Notes: _____________________________________________________________

_________________________________________________________________________

_______________________________ _____________________________________

President Date Credit Analysts Date

6728 Fair Oaks #302
Carmichael California 95608

(888) 232-7356 - Phone Number
(916) 730-7039 - Mobile Number
(888) 232-7356 - Fax
john@calstaterelo.com

 

 

 

 

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