LOAN MODIFICATION SCAM PREVENTION NETWORK Client Interview Form

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1 LOAN MODIFICATION SCAM PREVENTION NETWORK Client Interview Frm At the beginning f the interview, please remember: Tell hmewners at the utset that yu are nt ffering t represent them at this time, that there is n attrney-client relatinship (r privilege) at this time, and that n lawsuit is being filed at the mment. Yu are simply fllwing up n the hmewner s cmplaint t cllect additinal infrmatin and will determine later whether there is a basis fr filing a case. Cnfirm that the hmewner is nt being represented by anther attrney n this matter. Give hmewners yur full cntact infrmatin at the firm and refer them t ur prject website t establish legitimacy. Yu might als give them the link t yur firm bi. Explain that the firm and the Lawyers Cmmittee are wrking free f charge n this investigatin (and any litigatin that might fllw). Thrughut the interview, remember t ask fr any relevant dcuments the hmewner may have. Interviewer(s): Interview cnducted in: English / Spanish / Other Date: I. BORROWER INFORMATION *Much f the infrmatin in Sectin I shuld be available frm the cmplaint in the database, but please cnfirm that the infrmatin frm the database is still crrect. 1. Cntact Inf: Full Name: Address: Cell Phne: Hme Phne: Wrk Phne: Which Phne is preferred? {Cell Hme Wrk} Best Time t Reach? {Mrning Afternn Evening} 2. Primary Language: {Chinese English Krean Spanish Vietnamese Other } 3. Age Range: 4. Gender: {Male Female} 5. Race/Ethnicity: {African-American/Black Asian-American Caucasian/White Hispanic/Latin Other: Prefer nt t say} II. PROPERTY AND MORTGAGE INFORMATION An asterisk (*) dentes when the related dcuments shuld be cllected. 1. Type f prperty fr which mrtgage rescue assistance was ffered: 1

2 {First Hme Secnd/Vacatin Hme Business Other: } 2. Are yu currently living in the prperty? {Y/N} If n, prvide the address f the prperty cvered by the mrtgage: 3. Tax Parcel ID number: 4. What year did yu purchase the prperty? 5. D yu currently wn the prperty? {Y/N} 6. Has the prperty been freclsed n r is it in the freclsure prcess? {Has been freclsed Is in freclsure prcess N, neither Unsure} If selected In freclsure prcess r Unsure (i) Have yu received a Ntice f Default*? {Y/N} If yes, when? (ii) Have yu received a Ntice f Sale*? {Y/N} If yes, when? (iii) Curt district (if knwn)? (iv) Case number (if knwn)? 7. Are yu current n yur prperty taxes*? {Yes N Unsure} If n, try t btain related dcumentatin. If the hmewner des nt have the related dcuments, ask: did the cmpany r individual kept the riginals? {Y/N} 8. Are yu currently in bankruptcy prceedings*? {Yes N Unsure} If yes, (i) Curt district (if knwn)? (ii) Case number (if knwn)? 9. Have yu been served any curt dcuments*? {Yes N Unsure} If yes, (i) When? (ii) What Type/Title f dcuments? (iii) Curt district (if knwn)? (iv) Case number (if knwn)? 10. D yu have all f yur mrtgage-related dcuments, e.g., cntracts? {Yes N Unsure} If n, did the cmpany r individual keep yur riginal mrtgage-related dcuments? {Y/N} 11. Infrmatin regarding yur first mrtgage*: a. Name f Lender/Servicer: b. Mrtgage Identificatin Number: (If unable t find, ask fr riginal lan amunt $ ) c. Is the mrtgage in yur name nly? {Y/N} If n, please prvide the full names f any ther brrwers named n yur mrtgage: C-Brrwer 1 s Full Name: C-Brrwer 2 s Full Name: 2

3 C-Brrwer 3 s Full Name: Are yu behind in payments? {Y/N} If yes, number f mnths behind: d. Did yu ever cntact yur lender abut a lan mdificatin? {Y/N} In writing*? {Y/N} If yes, when? What was their respnse? 12. D yu have a secnd mrtgage n the prperty*? {Y/N} a. Name f Lender/Servicer: b. Mrtgage Identificatin Number: (If unable t find, ask fr riginal lan amunt $ ) c. Is the mrtgage in yur name nly? {Y/N} If n, please prvide the full names f any ther brrwers named n yur mrtgage: C-Brrwer 1 s Full Name: C-Brrwer 2 s Full Name: C-Brrwer 3 s Full Name: d. Are yu behind in payments? {Y/N} If yes, number f mnths behind: e. Did yu ever cntact yur lender abut a lan mdificatin? {Y/N} In writing*? {Y/N} If yes, when? What was their respnse*? III. MORTGAGE RESCUE SCAM DETAILS An asterisk (*) dentes when the related dcuments shuld be cllected. A. CONTACT INFORMATION 1. Infrmatin abut cmpany: Cmpany/Organizatin name: Persn wh wrked with yu: Title: Other peple at the cmpany/rganizatin: Title: Title: Address: Phne: Website: Any affiliated cmpanies, if knwn (include as many as needed): Cmpany/Organizatin name: Persn wh wrked with yu: Title: Other peple at the cmpany/rganizatin: Title: Title: Address: 3

4 Phne: Website: 2. When did yu find ut abut the cmpany r individual? 3. Hw did yu first learn abut this cmpany r individual? a. Circle: They cntacted me first / I cntacted them first (check all that apply) Advertisement* circle methd Billbard Flyer Fax Mailing Placed n car Psted in public area Internet Website Other Newspaper/Magazine Radi Televisin Apprached in persn circle methd At a mdificatin event If at a mdificatin event, where: At yur hme On the street Other: * Phne circle methd Mbile/cell phne call Mbile/cell phne text Landline Wrd-f-muth Clleagues/cwrkers Friends Relatives Other: Unknwn/dn t remember 4. Hw did yu respnd (if cmpany initiated cntact): Answer cld call Fax In persn Internet/ * Mail Phne circle methd Mbile/cell phne text Tll free number Internatinal Other Other Unknwn/dn t remember 5. In what language were yu cntacted? Chinese (Cantnese / Mandarin) English Krean Spanish Other 6. Are yu still in cntact with the cmpany/individual? {Y/N} a. Date f Last Cntact: 7. What services did the individual r cmpany claim t ffer? (Circle all that apply) Lan mdificatin assistance/cnsulting 4 Freclsure relief/cnsulting

5 Legal Representatin Offer t purchase yur prperty Refinancing Reverse Mrtgage Bankruptcy Other: NOTES: (e.g., Did the cmpany tell yu hw lng it wuld take t cmplete these services? Hw did the cmpany make these prmises *, fax*, in persn, in writing*, phne?): 8. Were any f the individuals r cmpany representatives that yu wrked with identified as lawyers, attrneys, r legal advisrs? {Yes N Dn t knw} If yes, please tell me briefly abut the direct interactin and cmmunicatin yu had with the lawyer (e.g., hw ften and fr hw lng yu met with him r her, what services he r she prvided yu, etc): Nte: Please ask fllw-ups t try t determine if the lawyer(s) actually prvided any legal services t the hmewner, r whether the cmpany merely used the attrney status t attempt t meet an attrney exceptin t laws banning cllectin f upfrnt fees. If n, did the cmpany r individual state that it had a lawyer, attrney, r legal advisr that it wrked with? {Yes N Dn t knw} What is the lawyer r legal advisr s name? And d yu have a business card* frm the lawyer/legal advisr? {Y/N} 9. Were yu behind n yur mrtgage payments when yu started cmmunicating with this cmpany r individual? {Y/N} If yes, hw many mnths? B. PAYMENT QUESTIONS 10. Were yu asked t pay a fee befre the cmpany r individual began prviding services? {Y/N} If yes: a. What were yu tld the fee was fr? b. Apprximately hw much did they ask yu t pay? {$ Dn t Remember} c. Did yu pay it? {Y/N} If yes, i. Apprximately hw much did yu pay? ii. On apprximately what date did yu pay? iii. Methd f payment: 1. Autmatic Bank Withdrawal 2. Cash 3. Check* circle methd a. Certified Persnal Other b. T whm: Cmpany Individual(s): 4. Credit Card* 5

6 If yu paid by credit card, have yu cntacted yur credit card cmpany t register a dispute 1? {Y/N} 5. Debit Card* 6. Mney Order* circle methd a. Bank Persnal Other 7. Payrll Adjustment* 8. Phne Bill* a. Mbile Phne Bill VIP Phne Bill 9. Wire Transfer* circle cmpany used a. MneyGram Western Unin Other 10. Other d. D yu have receipts r ther recrds* f the payment? {Receipts Other Recrd N} -- If selected cash, certified check, r wire transfer, ask: Were yu tld that yu culd nly pay by cash, certified check, r wire transfer? {Yes N Dn t Remember} 11. Were yu advised t stp making mrtgage payments t yur lan servicer? {Y/N} If yes, a. Did yu stp payments? {Y/N} b. Did yu ntify yur lan servicer f yur intentins? {Y/N} c. During what perid did yu stp paying? t 12. Were yu advised t make yur mrtgage payments t smene ther than yur lan servicer? {Y/N} a. If yes, did yu d s? {Y/N} If yes again: i. T whm did yu make the payments? {Cmpany Individual: Other: } 1. If Individual r Other, prvide address payments were sent t: ii. Hw many payments did yu make t this entity? iii. During what perid did yu make yur mrtgage payments t this entity? 1. t iv. Apprximately what was the ttal amunt paid? $ v. Were yu tld that the payments wuld be frwarded t yu lan servicer? {Yes N Dn t Remember} If yes, were the payments frwarded t yur servicer? {Yes N Dn t Knw} vi. Apprximately hw much did yu pay? vii. On apprximately what date did yu pay? 1 NOTE: Under the Federal Fair Credit Billing Act, cnsumer has 60 days frm the time that he r she receives the relevant statement t dispute the charge. 6

7 viii. Methd f payment: 1. Autmatic Bank Withdrawal* 2. Cash 3. Check* Certified Persnal Other T whm: Cmpany Individual(s): 4. Credit Card* If yu paid by credit card, have yu cntacted yur credit card cmpany t register a dispute 2? {Y/N} 5. Debit Card* 6. Mney Order* circle methd Bank Persnal Other 7. Payrll Adjustment 8. Phne Bill* Mbile Phne Bill VIP Phne Bill 9. Wire Transfer* circle cmpany used MneyGram Western Unin Other 10. Other: -- If selected cash, certified check, r wire transfer, ask: Were yu tld that yu culd nly pay by cash, certified check, r wire transfer? {Yes N Dn t Remember} 13. Were yu asked t make any ther payments t the individual r cmpany (ther than an advance fee r mrtgage payments)? {Y/N} If yes: a. Hw many payments did yu make? b. On apprximately what date(s) did yu pay? c. What were yu tld the payments were fr? d. Hw much did yu pay (ttal)? e. Did yu send payments t a different address than the ne yu prvided fr the cmpany abve? If yes, please prvide the address: f. Methd f payment: i. Autmatic Bank Withdrawal* ii. Cash iii. Check* Certified Persnal Other T whm: Cmpany Individual(s): iv. Credit Card* 2 NOTE: Under the Federal Fair Credit Billing Act, cnsumer has 60 days frm the time that he r she receives the relevant statement t dispute the charge. 7

8 If yu paid by credit card, have yu cntacted yur credit card cmpany t register a dispute 3? {Y/N} v. Debit Card* vi. Mney Order * circle methd Bank Persnal Other vii. Payrll Adjustment* viii. Phne Bill* Mbile Phne Bill VIP Phne Bill ix. Wire Transfer* circle cmpany used MneyGram Western Unin Other x. Other: g. D yu have receipts r ther recrds* f the payment? {Receipts Other Recrd N} -- If selected cash, certified check, r wire transfer, ask: Were yu tld that yu culd nly pay by cash, certified check, r wire transfer? {Yes N Dn t Remember} 14. What services did the individual r cmpany claim it was ging t prvide in exchange fr yur payments? (Check all that apply) Lan mdificatin assistance/cnsulting Legal Representatin Refinancing Reverse Mrtgage Freclsure relief/cnsulting Offer t purchase yur prperty Bankruptcy Other: NOTES: C. GUARANTEE QUESTIONS 15. Did the cmpany r individual guarantee yu a lan mdificatin? {Y/N} NOTES: 16. Did the cmpany r individual guarantee that yu wuld be able t avid freclsure? {Y/N} NOTES: 17. Did the cmpany claim t have a certain success rate in mdifying lans and/r saving hmes frm freclsure (ex, 90% success rate in btaining lan mdificatins)? {Y/N} If yes, what success rate did it claim? 18. Were yu prmised that yur credit wuld be prtected? {Y/N} 19. Did the cmpany r individual ever claim an affiliatin with the gvernment (e.g., FDIC, HUD, Obama Plan )? {Y/N} If yes, was it verbal? {Y/N} In writing*? {Y/N} 20. Did the cmpany r individual ever tell yu that yu can btain free help frm HUD-apprved husing cunselrs? {Y/N} D. DOCUMENT AND TITLE TRANSFER QUESTIONS 21. Did yu sign any dcuments prvided by the cmpany r individual? {Y/N} 3 NOTE: Under the Federal Fair Credit Billing Act, cnsumer has 60 days frm the time that he r she receive the relevant statement t dispute the charge. 8

9 If yes: a. Did they include any f the fllwing types f dcuments? Agreement that yu will nt cntact yur lender Agreement that yu will halt yur mrtgage payments r t make the payments t smene ther than yur lender Cntract fr an attrney s services Cntract fr the cmpany s service New mrtgage agreement Transfer f the title f yur prperty Other: b. D yu have cpies f any f the dcuments*? {Y/N} i. If n, did the cmpany r individual ever ffer yu a cpy f the dcument yu signed? {Y/N} c. Did the dcuments lk like they were frm yur lender? {Yes N Unsure/Dn t remember} d. Were they written in yur primary language? {Y/N} e. Did the cmpany/individual adequately explain the dcuments t yu, and give yu plenty f time t read the dcuments? D yu feel that yu fully understd what yu were signing? f. Were yu advised that yu culd have yur attrney review the dcuments prir t signing? {Yes N Unsure/Dn t Remember} 22. Were yu advised by the cmpany r individual nt t cntact yur lender, an independent attrney, r anyne else while the cmpany/individual prvided yu services? {Yes N Unsure/Dn t Remember} 23. Were yu encuraged t transfer yur deed r title t the individual/cmpany, r t a 3 rd party? {Y/N} If yes, did yu transfer the title? {Y/N} If yes: a. T whm did yu transfer the title? b. Were yu paid fr the title? {Y/N} If yes, hw much? What was the market value f the prperty at the time, if knwn? c. Were yu tld that yu wuld be able t buy back the prperty? {Y/N} If yes, have yu dne s? {Y/N} d. D yu have any f the dcuments yu signed*? {Y/N} NOTES: E. SERVICES PROVIDED AND ACTIONS TAKEN 24. What services did yu receive, if any? Did they ever prvide prf in writing*? 25. Did the cmpany r individual ever cntact yur lender? {Y/N} 9

10 26. Did the cmpany r individual ever ask yu t lie t yur bank, yur mrtgage servicer, r anyne else abut yur incme r any ther detail f yur life? {Y/N} Mst mrtgage servicers maintain a cntact lg that keeps track f each time a hmewner r a third-party interacts with the servicer. If yur servicer keeps this type f lg, it might be helpful t btain it, s that we can determine whether yur lan mdificatin cmpany ever actually cntacted the bank. In rder t d this, we wuld need yu t sign a waiver, allwing us t receive a cpy f the cntact lg frm the bank. Wuld yu be willing t d this? {Y/N} 27. Did the cmpany r individual apply fr a lan mdificatin n yur behalf? {Y/N} If yes, did yu receive a decisin abut the applicatin? {Y/N} If yes, when? D yu have a letter frm the bank r any ntices*? {Y/N} 28. Did the cmpany r individual take any actin that yu did nt expect, such as: (check all that apply) File fr bankruptcy in yur name? Transfer title f yur prperty? Retain mrtgage payments it tld yu wuld send t yur lender? Other 29. Were yu prmised a refund if the cmpany failed t perfrm certain services? {Y/N} If yes, what were the terms fr a refund? 30. Have yu tried t btain a refund frm the cmpany r individual? {Y/N} If yes: a. When did yu ask fr the refund? b. Wh did yu ask? c. Hw did yu ask fr a refund? In persn Phne Writing/ * d. Hw did the cmpany r individual respnd? e. D yu have recrds f yur request and/r the cmpany s respnse*? {Y/N} 31. Are yu wrse ff financially nw cmpared t when yu first hired the cmpany? {Y/N} 32. Are yu at greater risk f freclsure? {Y/N} 33. Did yur hme g int freclsure as a result f the services prvided (r nt prvided) by the cmpany? {Y/N} Have yu lst yur hme? {Y/N} 34. Has yur credit rating r FICO scre* decreased as a result this incident? {Y/N} 35. Have yu faced any ther financial penalties r injuries as a result f this cmpany? {Y/N} If yes, prvide details and any dcumentatin*: 36. Have yu cntacted any gvernment agencies, arbitratin services, r attrneys regarding the cmpany r individual? {Y/N} If yes*: a. Please prvide the name, address, and telephne number f the agencies and/r individuals yu cntacted: Name: Agency: Title: Phne Number: 10

11 Address: b. Is curt actin* against the cmpany r individual pending? {Y/N} 1. If yes, a. Curt district (if knwn)? b. Case number (if knwn)? 37. If, at the end f this investigatin, we decide t file a lawsuit against the cmpanies/individuals, wuld yu be interested in participating? {Y/N} REMINDER: Ask fr all available dcuments, including lan mdificatin cntract, s, letters, cmpany advertisements, bank statements, prf f payment, and mrtgage dcuments. Make sure yu arrange t have these dcuments transmitted t yu if the hmewner did nt bring them with him/her. ************************************************************************************************** ADDITIONAL NOTES ABOUT THE SCAM: IV. EVALUATION OF HOMEOWNER Overall impressins f hmewner and interview: Next steps: 11

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