Bankruptcy Harm Template to Determine a Quality Assessment of Damages

The US Bankruptcy Trustee Leadership has reviewed and agreed that this is a comprehensive list of needles that determine bankruptcy harm. E-bRM is finding those needles in the mortgage doc haystacks. With millions of mortgages and tens of millions of mortgage documents, trying to find a mortgage with documentation or process errors is quite literally like trying to find a needle in a haystack. Documents are spread around a wide range of servicers and government agencies from county, state, federal, GSE, and various court jurisdictions. Each of these documents needs to be matched up in the proper timing sequence to paint an accurate picture of the life of a mortgage. E-bRM uses proprietary software tools to quickly and accurately identify a wide variety of processing error pattern "needles" such as:
     
  1. Double Dipping on Recovering of Escrow - Claiming the recovery of the shortage in the escrow account, caused by the default through both the Proof of Claim (POC) filed in the Chapter 13 and through an increase in the escrow portion of monthly payment.
  2. Filing of POC claiming arrearages that are too high because there was a loan modification in place and the POC did not capture the reduced loan modification monthly payment
  3. Filing a POC with arrearages too high because there was no credit for payments made and/or being held in an escrow account
  4. Secured Creditor (SC) collecting increase in mortgage payments outside the Chapter 13 plan in jurisdictions that have adopted Trustee Best Practice notice requirements without the timely filing of the requisite Trustee Best Practice notice with the Bankruptcy Court.
  5. A Secured Creditor has collected a "non-escrowed for charge" which has been assessed to a borrower without the appropriate "Trustee Best Practices" notice being filed.
  6. In Trustee Pay All jurisdictions have all payments received been posted in accordance with the terms of the plan
  7. Secured Creditor continued attempts to collect arrearages after entry of order deeming loan current
  8. SC continues to attempt to collect arrears in all jurisdictions when a notice of final distribution has been filed
  9. In a payoff of a Chapter 13 case a SC files a motion to vacate the stay for failure of the borrower to make payments outside of Chapter 13 plan.
  10. In Chapter 13 payoff case a SC has not marked loan "Paid in Full" after the SC's claim has been paid and discharge has been issued
  11. In Chapter 13 cram-down case the SC does not audit its records and continues to service the loan as though it is not affected by the cram-down, and the discharged has been entered
  12. Filing POC without copy of note, mortgage and appropriate assignment; if any.
  13. SC filing a motion to vacate stay for failure to make payment s outside a Chapter 13 plan while borrower is current because either; Money was not accounted for or because money was received but not allocated for before motion referral.
  14. SC files motion to vacate the stay while not giving borrower credit for all payments made outside of Chapter 13 plan in conventional Chapter 13 jurisdictions.
  15. SC files motion to vacate in a Chapter 13 bankruptcy in a trustee pay all district and does not give a credit to a borrower for all payments made
  16. The SC continues with collection activities after the surrender of the property in satisfaction of the debt in a Chapter 13 Plan
  17. The SC assesses property inspection charges to borrowers who are either current in post petition payments or in Districts or in cases where Judges have ruled property inspection charges are improper
  18. Foreclosure started or resumed while the borrower is in bankruptcy.
  19. A Secured Creditor proceeds with foreclosure action against a borrower in default that is in the active military service.
 
   
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