A common motif during the Plaintiff’s SAC 's the damages and injuries from court costs, emotional distress, and you can bad credit rating
(c) In the event that a debtor submits an entire application to have a primary lien loan mod offered by, otherwise by way of, this new borrower’s home loan servicer, a mortgage servicer, mortgagee, trustee, recipient, or licensed representative shall perhaps not record a notification off default or find out of deals, or carry out a good trustee’s profit, as the over very first lien loan modification software program is pending. A home loan servicer, mortgagee, trustee, beneficiary, otherwise registered representative should perhaps not number a notice away from standard otherwise find out of income otherwise run good trustee’s product sales up until some of another occurs:
(1) The mortgage servicer makes a composed commitment that debtor try perhaps not qualified to receive an initial lien mortgage loan modification, and you will one appeal several months pursuant so you can subdivision (d) features expired.
(d) In case the borrower’s software to own an initial lien loan modification is actually refused, the fresh new borrower will has at least thirty day period from the date of your own composed denial so you’re able to focus the assertion and bring research your mortgage servicer’s devotion was a student in error.
(e) In case your borrower’s application getting a first lien mortgage loan modification are denied, the borrowed funds servicer, mortgagee, trustee, recipient, or licensed agent should not checklist an alerts out-of default or, when the an alerts from default had been submitted, listing a notification regarding income or conduct a beneficial trustee’s sales until the brand new afterwards out of: