AFFIDAVIT
`Federal Loss Mitigation Programs
`JD-CL—114 Rev. 3-12
`
`STATE OF CONNECTICUT
`SUPERlOR COURT
`wvvvv.jud.ct.gov
`
`Instructions
`1.
`Prepare /egibly.
`2,
`Submit the original to the clerk of court.
`
`
`‘
`C
`C
`r Case (aintiff v. Defendan) C
`GMAC Mortae, LLC vs. JOSEPH FERNANDES, et al.
`Judicial District
`Address of Court (Number, Street and Town)
`
`Waterbur
`300 Grand Street, Waterbui
`, CT 06702
`
`Your Name (affiant)
`
`Address of property at isue (Nu
`n, state, zip code)
`46 ARVIDA ROAD, WOLCOTT, CT 06716
`
`
`
` Return Date
`
`
`
`The undersigned, being duly sworn, hereby deposes and says:
`
`1.
`
`I am over the age of eighteen years of age and believe in the obligations of an oath:
`
`2.
`
`3.
`
`gr;'\'1.a_$ SE"""(job title) of Ocwen Loan Servicing, LLC (Plaintiff or Plaintiff s servicer) and am authorized to sign
`I am the
`on behalf of Ocwen Loan Servicing, LLC (Plaintiff or Plaintiffs servicer).
`
`I am familiar with the business records and procedures of Ocwen Loan Servicing, LLC (Plaintiff or Plaintiffs servicer) with respect to the
`mortgages that it owns and/or services.
`
`4. Based on my review of the business records of i9Q.\n-Erx.‘-O‘!-'~$9—"“‘
`
`ILLL (Plaintiffor Plaintiffs servicer) and the account of
`
`the borrower (the word "borrower" includes any and all borrowers and mortg gors of the mortgage loan that is the subject of this case), i
`have specific knowledge of the loan secured by the mortgage executed by the Defendant(s) in this case.
`
`5. The loan secured by the mortgage for which plaintiff seeks foreclosure is subject to the following (check all that apply):
`
`CI The loan is not owned or guaranteed by a Government Sponsored Enterprise (GSE), is not guaranteed or insured by any federal
`agency, and is not serviced by a lender participating in the federal Making Home Affordable Program. (Ifthis box is checked, no
`further information regarding this paragraph 5, paragraph 6, or paragraph 7 is required. If this box is not checked, the appropriate
`boxes under subparagraphs 5a, 5b and 5c as well as paragraphs 6 and 7 (if applicable) must be checked.)
`
`5.a. With respect to the following programs under the federal Making Home Affordable Program (MHA) — the Home Affordable Modification
`Program (HAMP), the Second Lien Modification Program (2MP), the Home Affordable Foreclosure Alternatives Program (HAFA), and
`the Home Affordable Unemployment Program (UP), including any of such programs adopted by Fannie Mae and Freddie Mac:
`
`V18 loan is eligible for review under the above programs and a review is pending at this time.
`The loan is not eligible for review under the above programs because (check all that apply and, if any box is checked, proceed to
`subparagraph 5b):
`CI The loan's servicer does not participate in MHA.
`gjheproperty is not owner-occupied, is vacant, is condemned, and/or has more than four units.
`The loan was originated on or after January 1, 2009.
`CI The unpaid principal balance of the loan prior to capitalization of any arrearages, fees, and other costs exceed the applicable
`limit:
`
`$729,750 for1 unit;
`$934,200 for 2 units;
`$1,129,250 for 3 units; or
`$1,403,400 for 4 units.
`CI The loan's servicer does not have the contractual authority to modify the loan under MHA per investor guidelines.
`[3 The loan is eligible for review under the above programs but the borrower does not qualify for the following reason(s) (check all
`that apply):
`Cl
`Plaintiff or Plaintiff's servicer has made a Reasonable Effort
`Chapter ll, Section 2.2.1, as amended from time to time) but:
`C! was unable to establish Right Party Contact (as defined under MHA Handbook Chapter II, Section 2.2.2, as amended
`from time to time).
`the borrower advised the Plaintiff or the Plaintiff's servicer that the borrower is not interested in participating in any of the
`above programs.
`Plaintiff or Plaintiff's servicer has not timely received all documentation necessary to complete a review for loss mitigation,
`specifically (check all that apply):
`El Proof of current income, specifically
`
`El
`
`El
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`to solicit the borrower (as defined under MHA Handbook
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`(Page 1 of 4)
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`

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`UEIDD
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`Completed IRS Form 4506-T or 4506T-EZ
`Dodd—Frank Certification
`Request for Modification and Affidavit Form
`Other: (specify)
`
`If none of the above reasons for disqualification are checked, please check all that apply under the following
`four sub-paragraphs:
`
`5.a.1. Specific to HAMP:
`
`CI The subject loan is not a first mortgage loan. (This denial reason applies to HAFA and UP as well).
`CI The total payment on the first mortgage (principal, interest, taxes, insurance, and association fees, ifany) is less than 31% of
`the borrower's monthly gross income. (This denial reason applies to UP as well, unless the servicer has waived this
`requirement; with respect to Fannie Mae and Freddie Mac loans only, this denial reason applies to HAFA as well,’ for non-
`Fannie Mae and Freddie Mac loans, an additional denial reason must also be selected under HAFA.)
`Payment cannot be feasibly reduced to make it equal to 31% of the borrower's monthly gross income without requiring
`excessive forbearance. (If selected, denial reason must also be selected under HAFA).
`Net Present Value Calculation does not favor modification. (If selected, denial reason must also be selected under HAFA and
`UP).
`(date) and failed to comply or defaulted. (If
`The borrower received a previous modification under HAMP effective
`selected, denial reason must also be selected under HAFA; but this denial reason applies to UP as well).
`The borrower received a trial plan modification but failed to make each payment by the end of the month in which it was due. (If
`selected, denial reason must also be selected under HAFA,‘ but this denial reason applies to UP as well).
`El Other (specify)
`
`DUDE!
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`5.a.2. Specific to HAFA (Complete only if instructed above in sub—paragraph 5.a.1.):
`
`CI The borrower did not respond to HAFA solicitations.
`CI The borrower communicated that the borrower was not interested in pursuing HAFA.
`El The borrower did not return the signed Short Sale Agreement.
`CI The borrower did not obtain a contract for sale within the time permitted under the program.
`El Other (specify)
`
`5.a.3. Specific to 2MP (Complete only if this is a second lien):
`
`UDUUUDU
`
`Corresponding first lien has not been modified under HAMP.
`2nd lien has an unpaid balance of less than $5,000.
`2nd lien has a pre-modification scheduled monthly payment of less than $100.
`2nd lien has already been modified under 2MP.
`2nd lien does not require payments until the first lien is paid in full.
`insured, guaranteed or held by FHAI/VA/Rural Development.
`Other (specify)
`
`5.a.4. Specific to UP:
`
`El No borrower was unemployed on the date UP was requested.
`II No borrower will receive unemployment benefits in the month of the UP Forebearance Period Effective Date.
`II The borrower's delinquency exceeds 12 months of the borrower's scheduled monthly mortgage payment, and the servicer has
`not waived this requirement.
`El Other (specify)
`
`5.b. With respect to the Federal Housing Administration (FHA), the United States Department of Veterans Affairs (VA), or the United States
`Department of Agriculture (USDA):
`
`3/The loan is subject to one of the above-listed entities’ loss mitigation programs and a review is pending at thistime.
`The loan is not subject to the above-listed entities‘ loss mitigation programs because the loan is not guaranteed, owned, or insured
`by any of the entities. (If checked, proceed to subparagraph 5. c.)
`C! The loan is subject to one of the above-listed entities’ loss mitigation programs but does not qualify for the following reason(s) (check
`all that apply):
`Plaintiff or Plaintiff's servicer has not received any response to solicitations for loss mitigation. (If this box is checked, no other box
`under 5.b. needs to checked.)
`
`Ci
`
`El
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`Plaintiff or Plaintiff's servicer has not timely received all documentation necessary to complete a review for loss mitigation,
`specifically: (if this box is checked, no other box under 5b needs to be checked.)
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`(Page 2 of 4)
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`(List all documentation not timely received)
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`E1 The borrower is showing a deficiency when comparing monthly debt to income. (If this box is checked, the applicable boxes
`under FHA—HAMP, or VA—HAMP need to be checked as well.)
`Property is non—owner occupied. (If this box is checked, no other box under 5.b. needs to be checked.)
`Cl
`El Other (specify)
`
`Also check all that apply under the following two sub-paragraphs (unless otherwise instructed above):
`
`5.b.1. Specific to FHA—HAMP:
`
`Payment on the first mortgage is less than 81% of the current gross income.
`Payment cannot be feasibly reduced to make it equal to 31% of the borrower's current gross income without exceeding the partial
`claim limit.
`The borrower received a previous modification under FHA—HAMP and failed to comply or defaulted.
`Four full payments have not been made on the subject loan.
`The first payment due date from loan origination is less than 12 months ago.
`Back—end ratio is greater than 55%.
`The borrower qualified for a traditional home retention loss mitigation option but failed to sign and return the agreement or defaulted
`on the same.
`Other
`
`
`
`ClDEJEJIJUCID
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`5.b.2. Specific to VA-HAMP:
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`2| Payment on the first mortgage is less than 31% of the current gross income.
`It Payment cannot be feasibly reduced to make it equal to 31% of the borrower's current gross income requiring excessive
`forbearance.
`servicer has determined that foreclosure would be more advantageous to the VA than modification under VA—HAMP because:
`(Specify)
`
`2|
`
`CI The borrower qualified for a traditional home retention loss mitigation option but failed to sign and return the agreement or
`defaulted on the same.
`
`Cl Other
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`5.0. With respect to the Federal National Mortgage Association (Fannie Mae) or the Federal Home Loan Mortgage Corporation
`(Freddie Mac):
`
`CI The loan is subject to review under one of the above entities’ loss mitigation programs and a review is pending
`t this time.
`
`The loan is not subject to review under one of the above entities‘ loss mitigation programs because the loan is not
`owned or guaranteed by Fannie Mae or Freddie Mac. (if checked, proceed to paragraph 6)
`D The loan is subject to review under one of the above entities‘ loss mitigation programs but does not qualify for the
`following reason(s) (check all that apply):
`
`Note: all applicable information pertaining to HAMP andlor HAFA is set forth above in sub-paragraphs 5.a.1. and 5.a.2. and is
`incorporated by reference into this sub-paragraph as well.
`
`El
`El
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`Plaintiff or Plaintiffs servicer has not received any response to solicitations for loss mitigation.
`Plaintiff or Plaintiff's servicer has not timely received all documentation necessary to complete a review for loss
`mitigation, specifically:
`(List all documentation not timely received)
`
`El Other reasons for non—owner occupied property
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`(Page 3 of 4)
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`CI Other reasons for owner occupied property
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`6. (Complete if only written denial letter was sent). if the borrower has been denied assistance under any of the above referenced
`foreclosure avoidance programs, the borrower has been notified separately in writing of any denial as detailed above by way of a letter
`dated IS‘ E (insert date of letter).
`
`Check Only if Applicable:
`7. E/'I'he borrower's time for seeking review of the decision to deny participation in any applicable loss mitigation program has expired;
`the borrower has no pending applications pursuant to any loss mitigation program listed above; and the borrower is not currently
`participating in a trial or other temporary period of a loss mitigation program.
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`Address where signed (Number, street, town, state, zip code)
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`Signature of Affiant
`‘3i!.S(i mammond Avenue, Waterloo, IA 5070;‘,
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`Signed (Notary Public)
`
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`JD~CL—1 14 Rev. 3-12
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`before me on:
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`
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`COMMISSION NO. 769931 ;
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`MY COMMISSION EXPIRES
`:
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`SEPTEMBER 30‘ A
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`(Page 4 of 4)
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