Inspired by the works of O. Max Gardner, III by Edmund Dechant [dedicated to bootcampers]
This is the story of a valiant knight, you, in the attempt to modify client’s home mortgage. The two dragons, the gate keeper (Servicer), and the “One” with the power to modify the mortgage (Trust), will resist.
But, you have weapons to assail the keep, disarm the first dragon and put the second dragon in a box with you holding the only key. The weapons, if used correctly, will win every battle: the PSA, the Objection to the POC, discovery, and the Adversary Proceeding.
The trick is to correctly set up the Chapter 13. Do your due diligence, then strike using each and every weapon.
It all begins with the Setup.
1. Choosing the right client (remember you will deal with this person(s) for years) 2. Contracting with the client (use Max’s forms). 3. Obtaining client data (the client has much of this stuff in the original envelope)
ACT ONE — Using the Debtor
1. Have client send letter to mortgage servicer (refer to Max’s examples).
2. Have client request other information from Servicer
3. Locate and review the PSA (you must find this document).
4. File Chapter 13 (1306 Plan) (Plan and Schedules should follow Max’s examples).
ACT TWO Scene One — Slaying the Servicer Dragon
1. Examine the proof of claim (do this with both secured and unsecured claims)
2. If plan confirmed, slip in a Plan modification (taxes, missed mortgage payment, etc.).
3. Send QWR short form with client authorization (10 question form)
4. Object to claim – schedule hearing date out 90 to 120 days (this will give you time to do discovery)
5. Initiate discovery while still in the Objection to Claim mode.
Scene two – Boxing in the Trust Dragon
6. Convert objection into an Adversary Proceeding (do some simple AdPros for 362 or discharge violations to get your sea legs. You will feel more confident to tackle this one).
7. Have Rule 26 exchange, if necessary (check your local rules).
ACT THREE — Slaying the Trust Dragon
1. Send request for production of documents (Max’s has a mega list)
2. Schedule 30(b)(6) deposition of corporate witness
3. Serve Requests for Admissions
4. Negotiate loan modification
5. Settlement must bind all creditors including the trust. (Refer to Max’s form)
Ed has been taking the online training for several months and is currently attending a live boot camp session. We look forward to a Broadway production!